Human Rights Defenders on the Frontlines of Freedom

SPECIAL CONFERENCE SERIES H UMAN R IGHTS

HUMAN RIGHTS DEFENDERS D

FNESO THE ON EFENDERS ON THE FRONTLINES OF FREEDOM PROTECTING HUMAN RIGHTS IN THE CONTEXT OF THE WAR ON TERROR F RO TIE OF NTLINES F REEDOM

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Waging Peace. Fighting Disease. Building Hope. THE CARTER CENTER STRIVES TO RELIEVE SUFFERING BY ADVANCING PEACE AND HEALTH WORLDWIDE; IT SEEKS TO PREVENT AND RESOLVE CONFLICTS, ENHANCE FREEDOM AND DEMOCRACY, AND PROTECT AND PROMOTE HUMAN RIGHTS WORLDWIDE. HUMAN RIGHTS DEFENDERS ON THE FRONTLINES OF FREEDOM

Protecting Human Rights in the Context of the War on Terror

CONFERENCE REPORT November 11-12, 2003 The Carter Center Atlanta

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MAY 2004 THE CARTER CENTER HUMAN RIGHTS DEFENDERS ON THE FRONTLINES OF FREEDOM

TABLE OF CONTENTS

Preface by Jimmy Carter...... 3

Executive Summary ...... 6

Feature Presentations ...... 18

Welcome by Jimmy Carter ...... 18

Mr. Bertrand Ramcharan, United Nations Acting High Commissioner for Human Rights .....18 Ms. Hina Jilani, United Nations Special Representative of the Secretary-General on

Human Rights Defenders ...... 22

Dr. Saad Eddin Ibrahim...... 27

Dr. Willy Mutunga ...... 30

Participant Testimonies...... 36

Acknowledgments ...... 87

Appendices ...... 89

A. United Nations Declaration on Human Rights Defenders ...... 89

B. The Atlanta Declaration ...... 93

C. Participant Biographies ...... 96

D. Press Statements and Clippings...... 101

Dedication ...... 107

The Carter Center at a Glance ...... 108

Photos by Annemarie Poyo except where noted

Visit the conference page on the Carter Center Web site for all conference documents: http://www.cartercenter.org/peaceprograms/showstaticdoc.asp?programID=13&docname= hrconference&submenu=peaceprograms

2 THE CARTER CENTER HUMAN RIGHTS DEFENDERS ON THE FRONTLINES OF FREEDOM Preface PREFACE BY JIMMY CARTER

n November 2003, we at The Carter Center Many of them have either spent time in prison or had the honor to bring together leading been the subject of harassment as a result of their Iactivists of the human rights and democracy work in holding their governments accountable to movements from 41 different countries. Before his international standards of human rights and the tragic death in Baghdad, the late United Nations High Commissioner for Human Rights Sergio Vieira de Mello and I had decided to con- vene this gathering because we considered it to be very important to assess new challenges facing those on the frontline of the struggle for freedom. Human rights organizations such as Amnesty International, the Lawyers Committee for Human Rights President Carter and Bertrand Ramcharan co-chaired (now Human Rights First), and Human Rights the Human Rights Defenders conference. Watch had issued some disturbing reports concerning difficulties facing human rights defenders throughout the world as a result of the U.S.-led What we learned during our discussions both war on terror. We agreed that it would be impor- surprised and disturbed us. It is important to tant to bring together activists from the national realize that these are especially courageous level in order to hear directly from them. and effective activists who take great risks What we learned during our discussions both surprised and disturbed us. In weighing the views under difficult conditions to protect and expressed by participants, it is important to realize advocate the rights of others. Many of them that these are especially courageous and effective have either spent time in prison or been the activists who take great risks under difficult condi- subject of harassment as a result of their work. tions to protect and advocate the rights of others.

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principles of democracy. They are committed to well-developed, making the adoption of these laws Preface the nonviolent struggle for freedom, and it is vital doubly disturbing, especially after so many have sac- to all of us that they succeed in their efforts. rificed in these countries to struggle for democracy. These representatives from all regions of the The participants were in broad agreement that world told of a general retreat by governments recent actions by the United States, traditionally a from previous human rights commitments and a great champion of human rights, were being real danger of setting back democratic movements manipulated and abused by opportunistic govern- by decades in some countries. Participants ments to serve their own interests. Specifically, the explained that dictators have been emboldened to indiscriminate roundup in the United States of violate the human rights of their peoples under men from Middle Eastern countries after 9/11 the guise of joining the fight against terrorism and and the indefinite detention of soldiers and civil- that the same reason is used to deflect criticism ians at Guantánamo Bay, Cuba, of people from other powers regarding their human rights captured in Afghanistan have been cited by gov- violations. We learned that in emerging and even ernments as a sign that human rights standards established democracies, hard-won human rights have been lowered and that no one, especially the principles are being eroded on these same United States, has the right to criticize their poli- grounds of emulating new U.S. policies. The con- cies. Though conference participants agreed that sequence is that many lawyers, professors, doctors, the United States does not bear all the responsibil- and journalists have been labeled as terrorists, ity for the abusive actions of other governments, often for merely criticizing a particular policy or there was consensus that the work of promoting carrying out their daily work. In India, for example, democracy and human rights has been set back advocates distributing leaflets with information significantly in this new environment. Participants about the rights of persons under arrest were asserted that the United States and other powerful incarcerated and charged with sedition. We heard democracies will become even less effective as about many cases involving human rights lawyers leaders on human rights and rule of law issues if being charged with abetting terrorists simply for there is no modification of current policies. defending an accused person. Also instructive was the observation from Perhaps most disturbing were the reports that those who came from Northern Ireland, Turkey, indicate that the United States is in some cases Colombia, Israel, the occupied Palestinian territo- contributing directly to an erosion of human ries, and other conflict-ridden societies that rights protection by pushing governments to adopt military approaches to the divisions within their regressive counterterrorism laws that lead to the countries did not create greater security and stabil- undermining of democratic principles and the ity in the medium and long term. They reflected rule of law. The Patriot Act has generated consid- on the lesson that a policy based on violence erable controversy within the United States, always results in escalation of violence and that including Congress and the federal courts, which peaceful political and societal approaches are nec- may roll back some aspects of the law that are essary to make progress toward the resolution of inconsistent with civil rights principles. In young differences. This is an important message for democracies, such checks and balances are not so Americans as we consider whether a military

4 Preface REEDOM F ONTLINES OF R F d. The spread of freedom and democracy is of freedom d. The spread In the following pages are the are views of human pages In the following The leaders of the United States and BritainThe leaders of the United ENTER rl e problem. To this end, the group decided it To e problem. ghts defenders about how best to address these address to best about how ghts defenders ould be necessary Human hold a regular to C he frontlines of the struggle for freedom and freedom of the for he frontlines struggle he frontlines of this movement throughout the of thishe frontlines movement or these goals in many nations. or these goals in many ri policy-makers first informing by questions, pressing about Nations the and at in government United th w those where Forum on Policy Rights Defenders t with directly thosedemocracy can communicate that It is our hope this policy. set in positions to will be the beginning of a useful dialogue that will to strategy and coherent united a more lead to democracy and human rights. promote have taken the world into a war in Iraq that a war in Iraq into they the taken world have and democracy freedom is necessarysay promote to in the and they East, Middle claim that this effort throughout the freedom region. will help spread It is difficult this reconcile idea with to the reali- experts foremost the us by world’s to ties presented — those on freedom on democracy and who are t wo with decades of struggle threats compatible to not f 5 ARTER C HE T EFENDERS ON THE D IGHTS R UMAN H opportunistic governments to serve their

ell as the escalation of violence in Iraq and hat military the and police actions alone are hat these face. societies ights has been set back significantly back in this ights has been set ights, were being manipulated and abused ights, were hat recent actions by the United States, actions by United hat recent the approach and the weakening of international laws and the weakening approach and human rights will strengthen standards and recruit groups more who aim to extremist the allies in their outburst more recent cause. Given and Uzbekistan, as of violence in Madrid, Turkey, w it is doubtful Israel and the Palestinians, between t the to various responses challenges effective most t new environment. new own interests. There was consensus that the consensus that was There own interests. and human democracy of promoting work r The participants were in broad agreement in broad The participants were t of human a great champion traditionally r by THE CARTER CENTER HUMAN RIGHTS DEFENDERS ON THE FRONTLINES OF FREEDOM

EXECUTIVE SUMMARY

he Carter Center’s decision to bring together human rights and democracy Human rights defenders are the defenders of T activists from all regions of the world was people and principles. They seek to build based on the idea that it would be valuable to gen- institutions that will make justice a perma-

Summary erate a picture of the state of global democracy and human rights movements. The late U.N. nent pursuit within their society. They are High Commissioner for Human Rights Sergio truth tellers, diagnosticians who must be Vieira de Mello agreed that in order to determine accurate in their analysis of the health or how the United Nations could support democrati- weakness of their nation’s democracy project zation and improvement in human rights if effective remedies are to be found. conditions at the national level, he wanted to hear the views of those who are close to the action, those who work on the “frontlines of freedom.” consistent with human rights goals, these fields of Though situations differ according to local cir- endeavor have different methodologies and priorities. cumstances, it is important to watch for trends Human rights defenders have a specific job — and assess progress as well as challenges that lie to defend the victims of violations and to watch ahead. In the pages that follow is a selection of and tell the world whether internationally recog- the pressing concerns of some of the world’s nized human rights are being respected or violated most dedicated individuals who are truly betting by governments or those with control over the their lives on the idea that universal freedom can lives of populations in cases of conflict or break- be built law by law, case by case, community by down of the state. They are the defenders of community. people and principles. They do not use or defend Their testimonies echo the words of analysts violence to further the cause of justice, but rather and observers who have provided important they seek to build institutions that will make jus- insights into the consequences of the war on ter- tice a permanent pursuit within their society. 1 ror for democracy and human rights movements. They are not diplomats or politicians, though A briefing book prepared for the conference, individuals may migrate between those roles. They which includes a bibliography and references to are truth tellers, diagnosticians who must be accu- related Web sites, can be found on the Center’s rate in their analysis of the health or weakness of Web site.2 WHO ARE HUMAN RIGHTS DEFENDERS? 1 For example, Amnesty International, Human Rights Watch, It is important to distinguish the unique role The Fédération Internationale des Ligues des Droits de l’Homme, played by human rights defenders in society if one and Human Rights First (formerly the Lawyers Committee for hopes to identify the challenges peculiar to them. Human Rights) have all issued global reports on this issue. Human Rights First, at the time of this printing, is producing an in-depth The mistake is often made that anyone engaged in study of the impact of the war on terror on the situation facing good works or humanitarian efforts is part of the selected human rights defenders. human rights movement. Though these efforts are 2 To view the briefing book, go to http://www.cartercenter.org/ documents/nondatabase/hrbriefingbook.pdf

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their nation’s democracy project if effective reme- UNDER THE RADAR dies are to be found. For the most part, human Over the past two or more years, human rights rights defenders are those who dedicate their ener- organizations and activists have been assessing gies to holding governments accountable to how to respond to the new global environment Summary international standards of human rights that are that was created when the United States, the sole well-defined by numerous treaties. For all of these remaining superpower, was attacked by Islamic reasons, they are usually not well-liked by govern- extremists on Sept. 11, 2001. The outpouring of ments and are especially vulnerable to claims of sympathy throughout the world for the victims of bias or accusations of harboring political motives those attacks meant that the United States had a or agendas. unique opportunity to help lead the world toward In preparing for the conference, we encoun- a collective approach that could stabilize societies tered a real example of the courage necessary to do where terrorists are recruited and, thereby, make this job. We invited Irene Fernandez, a Malaysian us all safer. While the current U.S. government human rights lawyer, to attend the conference. She asserts that its policies in Afghanistan, Iraq, and was barred by her government from traveling elsewhere are the most appropriate ones given the because she had just received a one-year sentence circumstances, conference participants agreed that for “maliciously publishing false news” through her these policies have, in fact, made it more difficult publication eight years earlier of a report on the for democratic movements throughout the world treatment of migrant women in Malaysia. For to succeed. While the situation in Iraq occupies more about Ms. Fernandez, see page 39. the attention of world leaders, other disturbing Most of all, human rights defenders are the trends are unfolding virtually undetected under sentinels of democracy and freedom in all societies. the radar. They rush to the front of the battle that is always Given the international community’s tragic waged between the limits of the power of the state failures to correctly read important trends since and respect for the liberties of the individual. In the conclusion of the Cold War, this may be the order to understand the value of the role they right time to try harder to see what problems lie play, one would have to imagine what would hap- ahead. We learned that in nearly every country pen if they were not there — if the state alone were represented at the conference, human rights and relied upon to determine whether its policies meet democracy activities have come under increased human rights standards. attack by governments and that officials sometimes If nothing else is clear from the events of the justify such attacks by claiming they are acting to last few years, at least there should be agreement prevent the emergence of terrorist threats. Some that instability and repression in any single country participants reported that established and rep- can have ripple effects that reach everyone eventu- utable organizations are being shut down; lawyers, ally. The logical conclusion is that accountable journalists, and other professionals who seek to government and respect for human rights in every expose human rights violations or harmful policies society are related directly to our own self-interest. are attacked or otherwise harassed, sometimes Therefore, we all should hope that human rights accused of being terrorists themselves or perhaps defenders everywhere succeed in their endeavors, abetting them. In addition, sources of political and because they are working on behalf of all of us.

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war was to be waged in the name of freedom for We learned that in nearly every country rep- the Iraqi people threw into question the prospects resented at the conference, human rights and for every democracy and human rights movement democracy activities have come under because of the United States’ new and bold asser- tion about means and ends. Suddenly it was easy increased attack by governments in those for dictators to dismiss long-established movements Summary countries and that officials sometimes justify for self-determination and greater accountability such attacks by claiming they are acting to as pawns in the new and risky geopolitical chess prevent the emergence of terrorist threats. match being played out on the world stage. Add to this the indefinite detention at Guantánamo Bay, Cuba, of more than 600 individuals captured material support for these courageous individuals during the war in Afghanistan — a policy that the are becoming harder to find. United States would never have tolerated if prac- Complicating matters is the fact that the ticed by another government — and accusations of United States, long considered to be a great cham- hypocrisy make it easier for autocrats to claim new pion of human rights issues on the global stage and creative justifications for abusive policies. and in its bilateral relationships, has compromised Conference participants did not blame the its ability to prod offending governments toward United States for the political opportunism of better human rights practices. This is partly due to their own governments, but they were unanimous decisions taken to revoke the U.S. signature on in the view that the consequences of these policies, the Rome Statute on the International Criminal if they are not corrected, could be devastating Court and to reject the Kyoto Treaty on climate both in the short and long term. change, among other actions considered by many Discussions on this issue produced a number to be extremely destabilizing to the hopeful and of ideas about how to raise the awareness of the emerging area of international law. public and of policy-makers about the dangers if Most wrenching, however, was the U.S. deci- democratic movements are continuously under- sion to bypass the international community in mined. A number of participants expressed the launching a war against Iraq. Its claim that the concern that the public in the United States and

President Carter and keynote presenters addressed the press conference on Nov. 12.

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other powerful and wealthy nations are uninformed Palestinians, there were very few suicide bombings about the consequences of current policies against Israeli targets, and public support for throughout the world. American and European extremist organizations among Palestinians was human rights organizations were challenged by minimal. Summary some participants to become more effective in One direct result of this discussion was the raising awareness about these issues so that policy- adoption of the Atlanta Declaration. (See makers will feel pressure to address them. Appendix B.) This document is an appeal for governments to recommit themselves to human rights principles as they move forward to adopt new procedures to address the threat of terrorism. The declaration calls on states to repeal aspects of counterterrorism laws that infringe on human rights and to create an enabling domestic environment so that human rights defenders can carry out their work without fear of retaliation, among other actions. The Hauwa Ibrahim (Nigeria), Salbiah Ahmad (Malaysia), and Sudarshana Gunawardana (Sri Lanka) were among participants from 41 countries at the conference. declaration also recom- mends specific actions for DEFINING A FRAMEWORK FOR A WAR ON civil society actors and intergovernmental bodies TERROR: WHAT WORKS? such as the United Nations. Every society is forced This analysis actually must begin with the question: to balance the issue of security against the pres- What does not work? Participants from Northern sures of democratization. Hopefully, the Atlanta Ireland, Turkey, Colombia, Israel, and the occupied Declaration and similar future initiatives can help Palestinian territories, among others, explained reinforce boundaries that should not be crossed. how military and police actions alone have not Another question raised repeatedly has to do defeated terrorism in the context of the conflicts with the terms that have come to dominate the in their countries. In fact, they asserted, such agenda. What is terrorism? Although participants actions often lead to considerable escalation in were hesitant to adopt a definition of terrorism, violence, and not just in the short term. It was the there was agreement that the term, when too political solution in Northern Ireland that led to broadly used, can be wielded against anyone the cessation of frequent and overt hostilities deemed by the state to be dangerous. This over- there. And during the most hopeful periods of usage can lead to extreme polarization in some the peace process between Israel and the

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countries where the line between democratization tive relations between the United States and movements and “terrorist organizations” becomes repressive governments were cited. blurred. Examples discussed included El Salvador LIMITS OF NATIONAL MOVEMENTS and Northern Ireland, where a negotiated solution resulted in the cessation of armed conflict, The frontline for the protection of human rights even when “terrorist” groups had been central to is at the national and local level. It is defined by Summary the conflict. the degree to which governments accept their An overwhelming concern of this group was responsibility to preserve the individual liberties of each citizen, under all circumstances, according to international standards. It has to do with There is no doubt that the great majority whether the courts function properly and whether of the work must be done by defenders within the police treat citizens in a nonarbitrary and transparent manner and appropriately address any their own circumstances ; no democracy was abuses against citizens. However, because these built otherwise. But there is a world of conditions are so difficult to establish in trauma- difference between working in isolation tized societies, there is a limit to how much versus having active and effective support human rights defenders at the local and national from abroad. level can accomplish on their own. There is no doubt that the great majority of the work must be done by defenders within their own circum- that there is a double standard when the major stances; no democracy was built otherwise. But powers define terrorism, human rights violations, there is a world of difference between working in and even the idea of freedom itself. Most of the isolation versus having active and effective support participants work directly with, or have been from abroad. There are three main types of inter- themselves, victims of state violence. It is difficult national solidarity that can make the difference for them to understand why more criticism is not between real improvements in human rights prac- generated against state policies that cause large but tices and the status quo — or even a deterioration powerless communities to live in conditions of of conditions: 1) effective networks among human fear and terror. The examples of Chechnya and rights activists and nongovernmental organiza- Uzbekistan, among others, were illustrative. Many tions; 2) cooperation and support from participants also address on a daily basis the vio- intergovernmental organizations such as the lence of extreme poverty and the consequences of United Nations and regional bodies; and 3) con- profound corruption and failed states. Participants sistent support from influential governments, pointed out that there is little room in today’s dis- including through these nations’ bilateral interac- course to criticize policies that are advocated or tions with defenders’ governments, where other enforced by the major powers and that help gener- policy priorities threaten to marginalize the ate such consequences for so many people. Here, human rights agenda. the issues of U.S., European, and Japanese farm The Importance of Nongovernmental subsidies that harm African farmers, and coopera- Networks: Participants reflected on how support from the global nongovernmental human rights

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movement had an impact on their efforts at the national level. In Zimbabwe, international observers attended a trial Summary of a judge who was being persecuted because he did not follow the instructions of the government, and the charges were dismissed. In Israel, French jurists attended proceedings on the banning of torture and, after five years, the human rights organizations won the case. International human rights organizations issued statements of support on Carter Center Senior Program Associate for Human Rights Ashley Barr behalf of a Nicaraguan activist introduced President Carter. whose husband had been killed as a result of her human rights work. That level of much more effective, for example, than written support shielded her from the threat of jail. This reports alone, whether the video is used for news kind of visible international support is a strong reports, for testimony before policy-making bodies, reason for building and strengthening regional or in courtrooms. This kind of training opportu- and international networks. nity can be made available to human rights Another important rationale for the develop- defenders through well-organized networks. ment of networks has to do with sharing Networks have proven to be valuable also in experiences and methodologies in order to developing concerted actions on pressing matters become more effective. Participants expressed the of global policy. When member states of the view that the gathering in Atlanta was, by itself, United Nations engage in negotiations on interna- valuable, providing a setting for professional tional agreements, like those leading to the exchange of ideas. Although communication can creation of the International Criminal Court or take place with ease over the Internet, the oppor- the Beijing Platform for Action on the human tunity to meet personally and draw strength from rights of women, nongovernmental organization each other was considered important. networks have played a crucial role in setting high Participants were complimentary about a pres- standards for the final provisions within those entation given by Gillian Caldwell from Witness, agreements. Nongovernmental organizations can an organization dedicated to helping human become partners in these negotiations, advising rights organizations use video documentation as governments on how agreements can be opera- an effective advocacy tool. Ms. Caldwell was able tionalized in practice, while still maintaining basic to demonstrate how video productions can be principles.

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made by various U.N. bodies have not succeeded in their countries because the governments ignore the recommendations and pressure from the United Nations. Because there Summary are no direct consequences for ignoring U.N. human rights mechanisms, defenders are sometimes unsure how these bodies can help them. Part of the problem, some suggested, was that at the national level, many decisions about how the United Nations will deal with a government are made by U.N. agencies such as the United Nations Development Programme (UNDP). Gillian Caldwell is the executive director of Witness, a New York-based nongovernmental organization that trains activists around the world to use video and Because the goals and priori- other technology in their human rights work. ties of UNDP are often quite different from those of the Intergovernmental Organizations: While human rights community, there can be signifi- participants expressed a range of views about the cant disagreement about how the United role of the United Nations in protecting human Nations should exercise its influence with those rights, there was consensus that there is a great governments. need to strengthen existing institutions within the Because of these kinds of frustrations, the dis- United Nations. Many expressed frustration that cussion was focused on two specific parts of the the United Nations is mostly unable to respond United Nations that can have the most significant with meaningful support to the real needs of impact in this regard. The OHCHR was the first human rights defenders. Others gave examples of topic of interest, as 2003 marks the 10th anniver- helpful support from the Office of the High sary of the establishment of the post of high Commissioner for Human Rights (OHCHR) or commissioner at the World Conference on related bodies. The participants from Northern Human Rights in Vienna. Participants agreed it Ireland and Colombia each gave positive reports was an opportune time to review the effectiveness about the support they received from the U.N. of the OHCHR and offer ideas that will help the human rights system. The representatives from incoming high commissioner become a more Peru and Nepal reported that the good efforts effective advocate for frontline activists.

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The conference addressed various challenges and opportunities before the OHCHR at this This year marks the 10th anniversary of the important juncture. President Carter reflected on establishment of the post of high commission- the high hopes for the post held by human rights er at the World Conference on Human Summary organizations in Vienna 10 years ago. He was dis- appointed to learn that the high commissioner is Rights in Vienna. It was an opportune time still highly constrained by the political complica- to review the effectiveness of the OHCHR tions of the Geneva-based Commission on and offer ideas that will help the incoming Human Rights. The commission is a political high commissioner become a more effective body, where geopolitical battles play themselves advocate for frontline activists. out, often at the expense of addressing pressing human rights problems. Many agreed that it is important, with the appointment of Louise been negotiated by governments over several Arbour as the new high commissioner, to push for decades. Most governments have signed and rati- more autonomy so she can exercise the leadership fied many of these treaties, and there has been a necessary to bring human rights issues to a more push in recent years for universal ratification of all central place in high-level policy-making. the core human rights agreements. When ratifying One important positive development in the a treaty, governments agree also to submit regular last 10 years has been the establishment of an reports to expert committees (called “treaty bodies”) OHCHR field presence in more than 40 coun- that are responsible for reviewing the human tries.3 The representative from Colombia rights practices of reporting governments and described the important role of the OHCHR making recommendations for improvements. Colombian field office in supporting human While often slow and unsatisfying, this process rights defenders. The Colombia field office was can sometimes result in constructive dialogue and among the first field presences established by the even policy changes. Human rights nongovern- office and is widely considered to be an important mental organizations have become more active in model for the kind of support that can be offered these reporting procedures, sometimes issuing by the United Nations to national human rights alternative reports that are used by committee movements. Of course, there is always a difficult experts as they formulate questions for the report- balance between how publicly critical a U.N. ing government. The treaty bodies could be an office is able to be and still maintain a workable ideal avenue for human rights defenders to bring relationship with the host government. their cases to the global arena.4 Two other areas within the U.N.’s human The special mechanisms of the Commission rights system that can potentially be the most on Human Rights include special rapporteurs, effective points of support for defenders are the treaty bodies and the special mechanisms. There is 3 For more information about field presences, go to a set of treaties that together constitute an interna- http://www.unhchr.ch/html/menu2/5/field.htm tional bill of rights. They define civil, political, 4 For more information about human rights treaties, go to social, economic, and cultural rights that have http://www.unhchr.ch/html/menu6/2/fs2.htm

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working groups, and special representatives. Each of these is given a mandate by the commission to investigate and report on specific issues, including torture, extrajudicial executions, or the situation of human rights defenders.5

Summary Acting High Commissioner for Human Rights Bertrand Ramcharan, Special Representative on Human Rights Defenders Hina Jilani, and Special Rapporteur on Somalia Ghanim Alnajjar explained how these mechanisms are in a unique position within the U.N. system to get information about human rights violations into the proper hands. Mr. Ramcharan referred to the special mechanisms as the “fire brigade,” because they are able to deal with emerging problems at an early stage, before problems become too acute. The problem has been that these individuals are unpaid volunteers Karin Ryan (with Saad Eddin Ibrahim) was the senior conference adviser. and rarely have the resources to support adequately their travel and staffing needs. been pushing for greater consideration of special Another 10-year anniversary provides the most mechanism reports in policy discussions, especially useful example of how important it is to strengthen in situations of conflict or chronic human rights the role of the special mechanisms. In 1993, violations. Governments have resisted this arrange- Special Rapporteur on Extrajudicial and Summary ment, despite the fact that the reports are readily Executions Bacre Waly N’Diaye issued a report available. warning of an escalation in violence potentially Since 1994, human rights organizations, leading to genocide in Rwanda. His report was including The Carter Center, have worked to not circulated or discussed widely among member build support from U.N. member states for all of states, and less than a year later, his worst predic- these important aspects of the organization’s tions were realized. The value of his report cannot human rights system. Some successes can be be overstated, but it was ignored in high-level reported, including the growth of the number of Security Council discussions about the crisis in OHCHR field presences; the successful non- Rwanda. Human rights organizations have for years governmental organizations effort to resist a campaign by U.N. delegations of certain repressive

5 For a complete list of special mechanisms, go to governments to undermine the independence of http://www.unhchr.ch/html/menu2/2/mechanisms.htm

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played by regional intergovernmental organiza- In 1993, Special Rapporteur on Extrajudicial tions. Indeed, the IACHR has established an and Summary Executions Bacre Waly N’Diaye impressive initiative to support the work of human rights defenders that can show the way for issued a report warning of an escalation in Summary the United Nations as well as other regional violence potentially leading to genocide in organizations. Rwanda. His report was not circulated or Bilateral Initiatives: Conference participants discussed widely among member states and brought forward an important issue about less than a year later, his worst predictions whether and how human rights issues figure into were realized. The value of his report cannot bilateral relations between powerful democracies be overstated, but it was ignored in high-level and the governments of developing nations. Security Council discussions about the crisis Because of preoccupation with the war in Iraq and the issue of terrorism, firmly addressing in Rwanda. human rights violations by governments in the former Soviet republics and countries with majority the special mechanisms; and the adoption of strong Muslim populations such as Tunisia and protections for human rights defenders in the U.N. Indonesia, to name a few, is a lower priority for Declaration on the Rights of Human Rights the United States and other powerful nations. Defenders that was finally adopted by the General The opinion was expressed that there are many Assembly in 1998 after 14 years of negotiations. excuses for withholding criticism for these viola- The adoption of the Human Rights Defenders tions. It was asserted, however, that failing to Declaration was discussed at length during the denounce such violations undermines the security conference. (See Appendix A.) Some expressed agenda, because radicalization results from the view that this document could provide the increased repression. The question is whether cur- framework for measuring whether governments rent policies will lead to a safer world or whether are meeting their obligation to allow defenders to recent escalations in violence in places such as operate freely. Indeed, the mandate of the special Israel/Palestine, Uzbekistan, and Chechnya point representative on human rights defenders was cre- to more polarized and radicalized conditions. In ated by the Commission on Human Rights to do all of these places, extreme violations of human just that. Unfortunately, governments continue to rights and humanitarian law have long been virtu- starve the special mechanisms of the financial ally ignored in high-level discussions. resources and political support needed to create a Participants agreed that a more consistent, strong human rights voice within the United Nations. principled policy of addressing human rights viola- The discussion centered on the United tions in bilateral discussions in a systematic and Nations because of the global character of the balanced way would ultimately serve the interest gathering. The conference did benefit, however, of global stability and security. from the participation of a representative from EACHING OLICY MAKERS the Inter-American Commission on Human R P - Rights (IACHR), who was able to impress upon Every topic addressed at the conference has been the meeting the important role that is often the subject of discussions and publications initiated

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by human rights defenders and organizations for many years. Therefore, it was the goal of the [B]ig powers, resourceful democracies …grant organizers to go beyond a diagnosis of contempo- impunity to nations that are widely consid- rary challenges and to develop concrete ideas about how to articulate more effectively human ered as human rights violators in the world. rights messages. It was agreed that what is needed It is one thing to grant impunity to these

Summary is to reach both the public at large and policy- nations, but another thing to fund or even makers who are in a position to influence events reward them. — Natalia Ablova, Bureau on immediately. To this end, the group decided to Human Rights and Rule of Law, Kyrgyzstan establish a Human Rights Defenders Policy Forum for the purpose of bringing frontline human rights defenders into regular and direct dialogue with influential policy-makers around specific and backed Suppression of Terrorism Bill under con- pressing topics. Conference participants agreed sideration by the Kenyan Parliament. As a result that human rights organizations are very good at of the meetings in Washington, the U.S. ambassa- documenting violations and agreeing among dor was directed by officials in Washington to themselves about the problems with current poli- meet with representatives of the Law Society. As cies. What has proven more illusive for most of this writing, a dialogue between the U.S. human rights organizations, however, is getting Embassy and Kenyan human rights defenders is the right information into the right hands at the ongoing and is a very constructive development. right time. The policy forums would be designed One specific aspect of the policy forum that to channel the information and analysis that is was reiterated by many delegates is the need for already being produced into the most relevant the sustained involvement of high-profile individu- policy circles. als such as President Carter and the high This concept was tested in the days immediately commissioner for human rights. For example, the following the November conference when a small suggestion was made that a special effort by a group of participants traveled to Washington, group of Nobel Peace Prize laureates would gener- D.C., to meet with high-ranking members of the ate much more interest in the subject than almost U.S. administration and Senate, as well as foreign any other group. President Carter agreed to look affairs columnists from the Washington Post and into the possibility of such an effort. Another sug- New York Times, and to participate in a panel dis- gestion was that a “Friends of Human Rights” cussion at the Center for Strategic and group be a component of the policy forum to International Studies. In each of the meetings, the bring together influential and experienced individ- message from the conference was presented and uals with a particular interest in human rights. specific cases were addressed. For example, Dr. The group could include former government offi- Willy Mutunga explained that the U.S. Embassy cials, committed business leaders, and celebrities, in Nairobi had refused to consider proposals from among others, to work together toward particular the Kenyan Law Society concerning the U.S.- goals, like securing from governments a substantial

16 THE CARTER CENTER HUMAN RIGHTS DEFENDERS ON THE FRONTLINES OF FREEDOM Summary

The conference allowed for two full days of intense discussion among defenders from around the world about balancing the need for global security with protection for fundamental rights.

increase in the resources allocated to the United Nations’ human rights system. It is our hope that what was begun in November 2003 will lead to a new and vital effort to tell the evolving story of the human dream of freedom. We hope that a new generation of thinkers, advocates, and even politicians will take up the challenge of showing how freedom for all is the only way to preserve freedom for any. Then, with this knowledge, we can find a way to build a world that is safer, more prosperous, and more just.

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FEATURE PRESENTATIONS

WELCOME BY PRESIDENT JIMMY CARTER OPENING REMARKS BY BERTRAND e are delighted to have this assembly RAMCHARAN, UNITED NATIONS ACTING here. It is a great honor for The HIGH COMMISSIONER FOR HUMAN W Carter Center, and I want to welcome RIGHTS you all. We have many human rights organizations Thank you very much, President Carter, and represented here. We do not have any govern- may I say to you and Mrs. Carter what a great ments represented here, so we can speak very honor it is to be here at The Carter Center and to freely about governments without fear of having join with you on this occasion to take stock of the too much competition or contradiction here at state of human rights in the world in contempo- this meeting. rary circumstances and perhaps to think about Presentations My co-chairman at this meeting was originally ways ahead for the defense of human rights and to going to be Sergio Vieira De Mello. I talked to support the human rights defenders who are gath- him several times about this conference. He was ered around this table and those who are not. very enthusiastic about it. In fact, even when he went to Iraq to represent the secretary-general directly, I talked to him on the phone. He said his first love was human rights and although he was there to serve the Iraqi people for just a few months, he would be back here before the time for this conference. He’s one of the heroes who have given their lives for this purpose, and I think we should remember him as we proceed with our deliberations. After his death, the secretary-general appointed Bertrand Ramcharan as acting high commissioner for human rights. Bertie has in the past been a deputy high commissioner for human U.N. Acting High Commissioner for Human Rights rights. He’s been assistant secretary-general of the Bertrand Ramcharan stepped into the breach after the United Nations, and he has served in the United death of Sergio Vieira de Mello in Baghdad. Nations for 30 years. He has taught as an adjunct professor of international human rights law at Allow me to say, Mr. President, that these 30 Columbia University and has been a prolific years that I have been in the human rights program, author. I see he’s written some 20 books. I have one of the moments when human rights flowered only written 18 books, so I’m still behind him in was when you were president. One saw this policy that respect. He holds a doctorate in international of human rights, now a lasting legacy — what I call law from the London School of Economics, and the mushrooming of human rights organizations we are honored to have him here with us this in different parts of the world. Today we are gath- morning. I would like to now invite Bertie ered here to speak about human rights defenders Ramcharan to make some remarks. on the frontlines of freedom. I think it is in great

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part credit to you because of this human rights International Bill of Human Rights, and I ask us policy that you gave life to human rights move- to examine the foundations of the vision of the ments in many parts of the world. charter and the International Bill of Human There are many problems when it comes to Rights. respect for human rights in different parts of the Then we know during the period of Cold world. I am asking myself, “How shall we think War, the Commission on Human Rights would strategically to deal with the challenges that are adopt what is known as a “no-power doctrine” before us at this juncture when it comes to the and a resolution saying we do not have the compe-

defense of human rights?” I would like to invite tence to deal with the complaints that were Presentations you to look back to see whether or not the strate- coming into the United Nations. It would take gic journey of the United Nations’ human rights the developing countries coming into the United program might have some lessons to offer us and Nations in the 1960s to press for actions on viola- might help us to set course for dealing with the tions of human rights in the colonial territories challenges that we have before us at this time and and in other parts of the world. As a young officer that are likely to emerge in the coming period. The first point in my strategic journey is during the period of the Second World War and the In the Commission on Human Rights, the Holocaust. After these massive violations of refrain is now, “Let us cooperate and let us human rights, the world committed itself to be a world built on the foundation of human rights. If not confront.” When we come to think about you look at the blueprints that were produced how we can defend human rights defenders, during the interwar period or go to the delibera- we have to keep in mind that this mood has tions of a body called Institute of International not only to do with the fight against terrorism. Law in 1947, you will see they did a study and The very developing countries that for years adopted a resolution called The Fundamental fought for dealing with violations at the Rights of Man as the basis for the restoration of United Nations are saying now that we international law. They wanted to build this new order on the foundation of human rights. must not deal with them. World War II would give us this blueprint of the U.N. charter, a vision of peace grounded in justice, grounded in respect for human rights, and 30 years ago when I joined the United Nations, grounded in economic and social progress. When my then-director asked me to prove from the doc- Mrs. Roosevelt led the Commission on Human umentary records that from 1966 to 1976 the Rights, she would flesh out with the members of United Nations sought to move from standard set- the commission the idea of an International Bill ting to implementation. You see in 1965 the of Human Rights that would have three parts: the General Assembly saying to the Commission on Declaration of Human Rights, one or more Human Rights, “You must deal with gross viola- treaties, and measures of implementation. So in tions of human rights.” We would then see this strategic journey I note this commitment to resolutions of the commission calling for annual the vision of the charter and the vision of the discussions on violations of human rights in any

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part of the world. That would lead to the adop- What can we say are the gains since the tion of resolutions calling for many rapporteurs, Vienna Conference? My answer is that we have many working groups, many efforts to deal with formal universality, but not de facto universality. gross violations of human rights. We still have not developed the technique of The reason I tell this story is that these days, addressing consistent patterns of gross violations the very developing countries that many of you of economic, social, and cultural rights. We don’t are coming from are claiming that the mission of have any idea how to deal with accountability for the United Nations is not to confront govern- these rights in a world of inequality, violence ments but it is to cooperate with governments. So against women, and shocking violations of human when we talk about the strategic journey, I place rights that have to do with torture, disappear- in the center the vision of the charter, the vision ances, arbitrary and summary execution, religious of the Universal Declaration, and I take this intolerance, and lack of freedom of expression. Presentations action of the General Assembly to say that we Perhaps there are two or three gains that we must deal with violations of human rights. have achieved since Vienna. The establishment of Now I will fast-track to the present period — in the International Criminal Court was a major the Commission on Human Rights, the refrain is gain. The development of some efforts for human now “let us cooperate and let us not confront.” rights education is an important gain, and the When we come to think about how we can mobilization of civil society and nongovernmental defend human rights defenders and human rights organizations is a major gain. So, even as human in different parts of the world, we have to keep in rights defenders are hurting on the ground, it is mind that this mood has not only to do with the important to think strategically about how it is fight against terrorism. This mood has to do with that one might take this cause forward and protect the way the world is going. The very developing human rights in the period ahead. countries that for years fought for dealing with There are four windows in the mind of a high violations at the United Nations are saying that commissioner. There is what I call a leadership now we must not deal with them. window. The high commissioner must lead on In the run-up to the 1993 Vienna World issues. In today’s world I would say that the prob- Conference on Human Rights, we had big debates lem of trafficking is an issue that I think the high about the universality of human rights and how to commissioner should lead on — the trafficking in protect human rights. We had big debates, the women, in particular. Then the high commission- one that President Carter referred to, about er has a second window of troubleshooting. There whether or not an institution such as the High are problems and situations that are taking place Commission on Human Rights could be of any in any part of the world, and the high commis- value. Vienna gave us a consensus on universality. sioner must try to deal with those problem Vienna gave us the consensus that it is important situations. Thirdly, the high commissioner has a to act for the promotion and protection of all diplomatic window, good offices actions behind human rights — civil and political, economic, the scenes. Fourthly, leaving aside what I would social and cultural — and Vienna established the call a bureaucratic window, namely leading an post of high commissioner. institution, the high commissioner has a window

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that has to deal with policy development on the rule of law, respect for human rights, and future issues. participation. When I think about these four windows of the Second, I think about a concept that the high commissioner, I see some progress in the area secretary-general has put on the table of a national of leadership. I see some halting efforts in the area protection system in each country. I am from of troubleshooting. I see some good offices action Guyana. We have less than 1 million people. — very limited good offices action — and I see a few President Carter has been very active in Guyana instances of long-range policy development. Mr. because we don’t know how to develop forms of

President, I think in your own remarks you were governance that would provide for power sharing. Presentations saying that the OHCHR has made a substantial In my estimation, in my own country, unless we but not adequate contribution. I think that would tackle three things — a formula for power sharing, describe the situation rather aptly. strengthening the courts, and race relations insti- So what is the relevance of the experience of tutions — we will be headed for difficulties the Office of High Commissioner? The relevance, constantly. So my concept of a national protection in my view, is to say that while the high commis- system tells me that we should be working on sioner must lead with human rights defenders, it these issues in my country. Unless protection is is you, by and large, who will have to defend your- developing at home, international protection will selves. Because the idea that, with all of the always be secondary. goodwill in the world, an international official, how- And as I think about the problems that you ever important and I do not minimize that, will are encountering and as I understand your desire come to your defense adequately, as President to have international actors come to your assis- Carter was saying, I think for the time being, we tance, I am saying to myself also it is important to are not there yet. I actually think that the special develop fora of action closer to home so that the rapporteurs of the United Nations are the frontline pressure can also be felt. I am thinking about protection actors in the fight for freedom in the international as well as regional fora. contemporary world. So I ask you to keep in mind One of my young colleagues, Ben the experience of the Office of High Commissioner Majekodunmi, who is seated in the back there, and the experience of the rapporteurs. asked me, “What is it that you are going to say to The high commissioner has to have some rele- these people about how we can perhaps use the vance to the situation of developing countries and Declaration on Human Rights Defenders more to for the countries out there in different shades of generate stronger protection for them on the development. First of all, I do not think that we ground?” I said, “Well, you give me your thoughts will dent this issue unless we dent the issue of gov- and I’ll put it to the group.” His thoughts were ernance, because unless societies are better twofold and I place them before you. First, he governed, we will continue to be in difficulties. By thinks that we should find ways of strengthening governance, I mean governance in the image of the binding character of the Declaration on the Universal Declaration and the article of the Human Rights Defenders and making it more declaration that says the will of the people shall be the available to you in your day-to-day work. During basis of the authority of government — democracy, the course of this meeting, I would ask you what

21 THE CARTER CENTER HUMAN RIGHTS DEFENDERS ON THE FRONTLINES OF FREEDOM

do you think of this idea? His second thought was tions that President Carter has been making for that we need to find ways of getting the informa- the promotion and protection of human rights tion out faster so that those who work at the the world over. international level can draw upon this informa- I must also thank Karin Ryan and Ashley Barr tion and come to your aid. for spending so much time to bring us all togeth- I thought it was important to go into this er. I know that you’ve really held such vast strategic journey because, as I said, it is not good discussions on what should be the content of this enough for us all simply to decry the problems. conference to make it unique. I think the very fact The strength of the human rights movement lies that many of us have been able to come and sit in the strength of its strategic ideas, and during around this table is unique in itself. the course of this conference, I will be particularly I must also congratulate whoever formulated interested in listening to what your thoughts are. the title of my presentation, “Reinforcing the Presentations How it is that together, we might be able to gener- Frontlines of Freedom in a Climate of Retreat ate activities and policies and programs to help From Human Rights Commitments.” I think it is you in what you are feeling on the ground. so apt today, when we speak about not just the defenders at the frontline for the protection of OPENING REMARKS BY MS. HINA JILANI, human rights, but how do we reinforce that front- UNITED NATIONS SPECIAL REPRESENTATIVE line? There are gathering clouds that threaten the OF THE SECRETARY-GENERAL ON HUMAN safety and security of that frontline. I deliberately RIGHTS DEFENDERS say safety and security and not that the frontline Reinforcing the Frontlines of Freedom in a will ever be obliterated. It will not. Like we heard Climate of Retreat From Human Rights from our friend from Mississippi in the morning, Commitments we will do it anyway. And that’s what we do. That’s how we survive in many ways. We cannot Thank you very much. President and Mrs. afford the luxury of either frustration or of feeling Carter, High Commissioner for Human Rights, that there are some instances in which there is a dear friends. I feel very privileged to be amongst lack of commitment or a regression in what we a gathering of people who are working so hard have achieved so far. But I think this is a time, at around the world trying to safeguard the values this point, to sit down very seriously and think and the norms for which we have all waged a about what we need to preserve. It has taken us collective struggle in our respective work and in decades to build the standards of human rights, our respective countries. I am particularly proud and we are still in the process of getting a consen- to be associated with The Carter Center even sus on the concept of the universality of human before this conference as a part of the council that rights. Coming from the region that I do and President Carter constituted at one time. Let me fighting for women’s rights, I know the value of also say that I think that this is the time, more the concept of universality. For us it’s not just a than ever, that the world needs the leadership of concept; for us it’s a practical need. We have to President Carter in the defense of human rights find the core upon which we base our struggles, and particularly in this country. I do not think and these internationally accepted standards of that I need to recall the very important contribu- social justice and equality have proved to be that

22 THE CARTER CENTER HUMAN RIGHTS DEFENDERS ON THE FRONTLINES OF FREEDOM Presentations

U.N. Special Representative on Human Rights Defenders Hina Jilani is an attorney and human rights defender from Pakistan. foundation, which takes us out of the controver- What we have experienced is the exposure of the sial issues of where are the basic principles going gaps and the weaknesses. I think that the threats to come from. Religion? Ultranationalist ideologies? to human rights, the situations of adversities, That’s why I think these are worth preserving. The which could reverse the positive trends that we work the human rights defenders do is exactly were trying to build on, were already there. That’s that: preserving principles. We don’t necessarily why I think it’s very important for us to find the just defend people. We defend people in the act appropriate means to reinforce the frontline for of defending principles. I think it’s very important the defense of human rights. to see where the strengths are going to come from Let me begin by saying that there are several so that we can sustain the work that we do in a issues and aspects of these phenomena that need manner in which we are able, not only to preserve our attention. First of all, I think that we have to what we have but to go forward and to strengthen place more faith in civil society. We have to make the very values for which we have fought for a sure that all parts of the international community long time. recognize and acknowledge that there is no notion I say this also because I feel that we have, after of international community that can be complete 9/11, not necessarily experienced a turning point. without the inclusion of civil society. So, we don’t

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just address states, we address civil society. world and you have to be aware of what’s happen- Much of what you have been speaking about ing in your region and what’s happening at the since the morning is the context in which human international level and the influences that are rights defenders work. Without this context, it is determining national situations. Therefore, this very difficult to either understand or evaluate the kind of network at regional and international lev- situation of human rights defenders or indeed to els has become very important. We’ve all learned find ways and means to deal with the various situa- this in the South Asian region. Because of that, tions that they confront. The context, therefore, we have spent almost one and a half decades try- becomes very important. Also, I think it is impor- ing to create those very strong networks so that we tant for us to realize that human rights violations are able to respond to situations that are influenc- emerge and emanate from conditions, whether they ing the human rights conditions in our part of

Presentations are political, social, or economic. When human the world. rights defenders choose the strategies in which to I was the first one always to say let’s deal with confront the situations that they are working on, our own situation rather than pointing to some- they have to work with full awareness of the politi- body in the north and saying they are responsible cal, economic, and social conditions that affect the for what’s happening to us. I stick to that. I think environment in which they work. it is much more important for us to detect the I have felt, as a human rights defender, that problems within our own countries and to deal human rights work cannot be carried out in isola- with those. But, at the same time, when we apply tion. Also, that human rights work cannot be our minds and our energies, we do discover that carried out without a very keen political sense of sometimes these situations can only be helped if what you are doing. Therefore, there are so many we work at the national level but have linkages at linkages that we have to be aware of, but we have the international level, so that we are able to create to be also aware of what kind of relationships we a support group and some kind of international form at what level. What do we get out of those public opinion on the issues that we are grappling relationships? This is important in the context of with. This is what I think is also important in the what the high commissioner said in the morning context of reinforcing the frontline. with respect to formulating strategies. I think it is In this whole scenario that we have been lis- very important not to just react but to respond. By tening to since the morning and the realities that respond, I mean to sit back; think about the right we are confronting right now, we know that one strategies, the most effective ways and means of positive thing has come out. That is the emer- dealing with the situations, dangers, and the gence of a world public opinion. I think that is of threats that we face; and then together, in consul- extreme significance for us. The current situation tation with each other, with a collective wisdom, that we are experiencing shows that there are very select the best means of going forward. definite and very real threats to the preservation I’ve also learned in my work as a human rights of the norms of human rights. But, we do not defender that while it is important to work at the limit our action by just speaking. The essence of national level, today’s world is not an isolated advocacy is to influence state conduct and state

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name of security, we have given precedence to mil- I see no evidence that security cannot be itary means and methods. In my way of thinking, insured within the framework of the rule of we have almost abandoned political solutions to law. In fact, I think it would be much more political issues. This makes for more and more militarization of states. This is one of the biggest sustainable if security were entrenched in threats I fear is emerging which could permanent- measures, policies, and laws that strengthen ly destroy the value, the effectiveness, and the the rule of law and strengthen the respect for essence of human rights and the values and human rights. norms of human rights as we know them. Presentations Thirdly, when we militarize states, we undermine democratic institutions. So we see elections action. In the process of fulfilling the obligation happening everywhere, but how many countries to protect, we are ignoring and, in many ways, have strong sovereign independent legislatures? undermining the obligation to respect human The quest for democracy increases but so do the rights. I see no evidence that security cannot be threats to democracy. I am not saying this has hap- insured within the framework of the rule of law. pened after 9/11, but what has happened after In fact, I think it would be much more sustainable 9/11 is a diminishing commitment for democracy. if security were entrenched in measures, policies, We may talk about democracy, but we are also and laws that strengthen the rule of law and willing to compromise the democracy at the altar strengthen the respect for human rights. of security. We are willing to accept and tolerate We keep talking about international stan- military governments as long as they become a dards; I think they are very important. But many part of the war against terror. And for the first of the measures that are being adopted at national time, I see that there are expectations of democra- levels are contravening their own constitutions tization and restoration of democracy from and therefore contravening the aspirations of the military governments. It is a contradiction in very people whom these measures seek to protect. terms. When we speak about militarization as a In the course of implementing the mandate threat, what’s it a threat to? To civil society. So, on human rights defenders, the wealth of infor- there is a conflict of interest. We are expecting the mation that I have received enables me to identify military to give people stronger civil societies and many trends and the consequences that one fears democracies when it infringes and impinges on will emerge from these trends. First of all, the very their own self-interest. I think that is an expecta- fact that institutions are being weakened. We, in tion with no foundation. my part of the world, have never enjoyed inde- In the name of security, we have seen human pendent and strong judiciaries. Judiciaries as rights standards being destroyed. Now we no longer institutions are becoming more weak because they think it necessary to accept fair trial and due are not just being forced, but in some ways are sur- process as a part of the rule of law. Our tolerance rendering their obligation and responsibility to for exceptions is growing. We are now in the third safeguard human rights and to protect constitu- year after 9/11, and yet we have accepted situations tions and fundamental freedoms. Secondly, in the that create a legal vacuum for certain people. I

25 Presentations ulations where we work. r more for human andmoreso that support the Weof humanrights. asatool use humanrights tools the menacewith we this that fight important sametime,itisvery know allaboutit.But,atthe Sowe terrorists. violenceofthese the experienced date religious pluralism,we andethnic actually ri Weof terrorism. whofought are those for the t 9/11. Let usnot forget of Icomefrom apart that. Thiswasmuch terrorists. beforelence ofthese fi denying We menaceofterrorism. the were the measures, we anti-terrorism areabout the not we adverse impact work onthe for that humanrights viduals. Thiskindofsituationishaving avery world.many ofthe Theseare parts not just indi- to t is boundto change whohighlighted becausethose this margins.Ithink ways, themselves onthe find k Now, rights. process offairtrial rights, we are to wouldknow ofatimewhenthis not have been we Many were ofthem actuallyinterrogated. Some t defend was beingdenied, somebodywhoseright te were inanti- tried against evictionby military protesting Farmers seditiousmaterial. distributing Declaration ofHumanRightsreceived acharge of s he world where isnodenying there problem the he issuesare inmany ways whosework those itis hose lawyers were ofterrorists. labeledasfriends trange happenings. Distribution of the Universaltrange ofthe happenings.Distribution ights movement can be gathered within the pop- ights movement the within canbegathered eeping silent.Thosewhoare speaking,insome rs ghts of women, minorities; trying to accommo- ghts ofwomen, trying minorities; rr detention andrefusallerated: ofdue arbitrary re persist in what they are doing. inwhatthey persist t ones to experience the threats and the vio- andthe threats the t onesto experience carry out. carry orist courts. Whenlawyers who stood courts. orist upto When we, defenders, ashumanrights speak These are situationswhich are emergingin As a part of this mandate, Ihave ofthis As apart seensuch

even confined. H UMAN R IGHTS D FNESO THE ON EFENDERS T HE C ARTER 26 when these measures arewhen these intended to undermine haveof humanrights sameobjective, the but f t sametimeto make butatthe surehuman right, isanimportant wish for becausesecurity security t U organizationslike that the it issoimportant s national issue;it’s aglobal issue.Forglobal this, iscreated. ofhumanrights and enjoyment environment for the promotion, protection, t r for human itdifficult productive. It makes then it becomescounter- mine humanrights, when these measures are tounder- intended have thehuman rights sameobjective,but measures andrespect of Both counterterrorism not just atnationallevels, isnot a because this promoted, bestrengthened. Thisshould bedone protected are inamannerwhich humanrights f now we voice that strategize this important sothat f st wanttoures, becausethey butnot necessarily t which are there measures andat against terrorism environmentpolarized where isoneendat there ri or human rights. or humanrights. or human rights, for the right to for security, right or humanrights, to the be it’s politicalreasons, andIthink or very very hat nothing isallowedhat nothing respect the to undermine who his challenge sideofthose onthe andstand he other end, there is opposition to those meas- isoppositionto end,there he other those hat itissupposedtohave so that anenabling trategies willhave to bedevised. Forpurpose, this ights activitytohave the politicalimpact C ghts defenders, ina to speakabouthumanrights r nited Nations develop better to capacityto rise engthen human rights. Theoppositioncomes humanrights. engthen ENTER Both counterterrorism measures and respect counterterrorism Both T oday we find it very difficult, ashuman oday difficult, we itvery find F R NLNSOF ONTLINES F REEDOM Presentations REEDOM OFESSOR R F P 6 BRAHIM I EMARKS BY R ONTLINES OF DDIN R E F ENTER understand the confronting. demon that are we PENING http://www.cartercenter.org/documents/nondatabase/Ibrahim_

AAD C inal_Paper.pdf inal_Paper.pdf eleased from prison his activism. eleased from for Professor Saad Eddin Ibrahim (Egypt) was only recently only was (Egypt) Saad Eddin Ibrahim Professor r 6 To read Dr. Ibrahim’s full paper submitted to the conference, go the to conference, full paper submitted Ibrahim’s Dr. read 6 To to F will really be determined once we have been able have once we be determined will really to O S High Mrs. Carter, Carter, President very Ms. Jilani. It is indeed hum- Commissioner, this be speaking to gatheringbling to of human rights As an distinguished defenders. maintained always faith in the I have activist, the — 35 years last for I fought which cause for 27 ARTER C HE T EFENDERS ON THE D IGHTS R UMAN H rget about people’s struggle for self-determina- for struggle people’s about rget I will end with one thought, I would which mind, while violence in any form is unaccept- form mind, while violence in any

fo uggles are fast being threatened with being threatened fast extinction are uggles cause any and for form in any Violence uggles.

nited Nations to struggle collectively for peace for collectively struggle to Nations nited r r hoose to stop this kind of violence? I think stop hoose to we ights is created. It is extremely important It is extremely thatights is created. the hat’s been disturbing me for a long time. As me for disturbing been hat’s need to thinkneed to about it because this will be the go Do we and strategizing. essence of sitting back coop- do it by on a confrontation course, or do we but that think it can be either, eration? I don’t able, we have to make a distinction between those between a distinction make to have able, we an who commit terrorist acts because they have those Then there are who hurtagenda. their own the into struggles taking by nonviolent movement it is unaccept- wrong, of violence. It is direction do we But, how be stopped. able, and it has to c tion, to forget that the right is a seek democracy forget to tion, to fundamental human right and that these now st because they being labeled as terrorism. are think people to about. This is something like t nonviolent all for are human rights we defenders, st com- cannot a principle we is unacceptable. That’s do when violence is on. But, what do you promise hope or the of any to lack rigidity, to a reaction deal do we expectation How of going forward? we it and tolerate don’t with that We violence? it. In to respond to have it, but we accept don’t my and security so that democracy is promoted and and security so that democracy is promoted rights self-determina- to fulfill to people’s in order security-driven allow us not approaches tion. Let to bodies of the United Nations recall the recall charter Nations bodies of the United it the the of fundamental makes which objective U human rights, then counterproductive. it becomes it difficult human rightsIt makes activity to for that the is supposed to it political impact have the pro- for so that environment an enabling have of human and enjoyment protection, motion, r Presentations was inToura the ofCairo, that South Prison even itwashappening inNew though York andI debate again. tion. But,9/11 seemedto have rekindled the debate nolonger hasto befought inmy genera- we debate gets renewed generation, nearly and every humanvalue.This asaprime be maintained ot Montesqueue, JeanJacques Rousseau, andmany him: Locke, tookerty. issuewith Thenothers t re putorder asaparamount issuethat on this and liberty. Hobbesianperspective There wasthe order andalsohonorpeoples’ search for freedom ofhow security, to maintain contract theories fi dilemmahasnowdebate spannednearly onthis The which essentialhumanright. isanother enjoyment andthe ofliberty, tial humanright, between search the for security, which isanessen- human beings,for societies, for to leaders, balance t ve unfolding becauseofthe of what ithasentailed, butfor entireAmericans world the becauseof came 9/11. I felt verge almost onthe victory. Then offinal t f t other.deterioration ofthe Ifelt over last quar- the t issues for which becauseoneleadsto Imust fight t anddemocratizationinEgypt and human rights er of a century that we that were almost winningthis er ofacentury ight. After the revolution the ight. After inPortugal andthe he expenseofhumanindividualfreedom andlib- hen. Ithasbeenalways anagonizingdilemma for hird wave beganin1974, ofdemocratizationthat he other. Thedeterioration inoneleadsto the he MiddleEast. Ihave astwin considered these ve sponsibility of the state, of the sovereign, state, ofthe sponsibility ofthe even at hers who said that human liberty must always humanliberty whosaidthat hers ry

I was in prison on Sept. 11,I wasinprison 2001. Ifelt that, 9/11 not wasanearthquake onlyfor ought for sinceWorld this War the IIsothat

centuries, from the first writings of the social ofthe writings first fromcenturies, the dramatic anddisturbing developments since H UMAN R IGHTS D FNESO THE ON EFENDERS T HE C ARTER 28 th neededsomebodytoEnglish; translate they and didnot haveThe officers agoodcommandof q wo wo on allmankind.Thevictimswhospannedthe Worldassault onthe Trade Center wasanassault to t and therefore, mobilizingfor selfdefense, butthen grieving, Hurt, understandable. on onelevel, very r secondmomentofAmerica began to seethat moment ofvindictiveness. whenI Iwasinprison secondmomenta most rationalaction.Icallthat the isnot often necessarily lead to actionthat We for forme. Itwasamomentofcrisis America, the for Thatwasamomentofcrisis truth. partial with focusand sometimes usfaceto that face brings wife anddaughter there. who worked World inthe Trade Center, a with assault onmankindasrepresented people by the scene,an helpless,seeingthis I was,inprison, t my was visitingNew York timeandworse still, atthat one ortwo from where blocks ithappened.She becausemy butpartly wife waswithin horrible, sceneitself was becausethe partly began to cry, andIsaw sceneontelevision, I the Once Iarrived me. Ididn’t know why were they sendingfor me. itwasarewardI wasbrought out,Ithought for cellopenedand sent for whenthe me.Ofcourse, t which were by assaulted perpetrators, by those hat moment of crisis andwhatever led hat momentofcrisis it entailed hat day to New York to joinhermother. Sohere hose few World whoblewupthe Trade Center. It eacting to the crisis. It was a reaction that was, Itwasareaction that crisis. eacting to the C uarters inorder touarters translate whatwasonCNN.

ey remembered IspeakEnglish, sothey that actions that run counter to the very values counter very to run the actions that r r

ENTER st ld. ld were ofthe from 60countries more than daughter, whoisayoung lawyer, wasflying I was rushed outofmyI wasrushed officers’ cellto the Often these moments give us a sharp focus, momentsgive these usasharp Often , for momentsofcrisis mankind.Andoften F R NLNSOF ONTLINES F REEDOM Presentations REEDOM F ONTLINES OF R F This is a sad moment. However, as an activist, This is a sad moment. However, There are margins for freedom to be able to to freedom margins for are There ENTER nited States has done under the Patriot nited States has done under the ct and other derivative measures to justify their justify to ct and other measures derivative C eep me going, and I tell you all, since you are all are all, since you you eep me going, and I tell heir past violations of human rights,heir past as well ears on the personal level as well as on theears on the as well personal level epercussions all over the world. I already men- I already the world. all over epercussions egional and the level. global ight back. It’s those that margins of freedom we ight back. It’s or criticism. But Mr. President, distinguished President, or criticism. But Mr. Every is using what the dictator world in the U to justify derivative measures Act and other t as declaring a license to continue to abuse future. human rights and in the at present guests, the United States theguests, United mighty important. is States the United Because whatever does has r tioned that every is using dictator in the world States what the United has done under the Patriot A as declar- violations of human rights,past as well abuse human rights continue to at ing a license to and in the present future. sad moments succumb to learned to never I have fight And in the back. but to adversity historyor to f of my activism, nearly four decades, I was defeated decades, I was four nearly activism, of my I which times in the few times. However, so many enough to some victories were score to managed k those rights, of human remember defenders to brief all the of success against moments moments moments that It is those and failure. few of defeat three the And there were future. us hope for give five or of success in the moments four last or four y r f should expand as human rights and you defenders high commis- Nations should call on the United keep allies to sioner and other potential 29 ARTER C HE T EFENDERS ON THE D IGHTS R UMAN H t that personal part put aside, I began to Ye While it was understandable that Americans uld mobilize against terrorism,uld mobilize against it was not learn us in combating terrorism.” from e Third World will echo the will echo same sentiment. World e Third

alestinians is akin to the war of the United States the is akin to war of thealestinians United eact, how to feel. It was moments of confusion It feel. to eact, how hat remind us of thehat remind McCarthy era in an earlier Stateshe United is very important all of us. I to hat had for years reprimanded us for violation of reprimanded us for years hat had for hat, so I don’t need to go through my written go through my need to hat, so I don’t he war against terror, would be used, abused, mis- be used, would terror, he war against or this conference provides ample evidence to ample provides or this conference human rights; look what they are doing.” President human rights; look what they doing.” are States has a lot “The United say, Mubarak would to notes to tell you what every you tell dictator in the to world notes States “Look, is a United here has done. They say, t t used by everyused by The file dictator that the in world. The Carter in preparation was supplied by Center f evaluate what was happening and its long range what was happening and its long evaluate I was in prison, which the on the cause for impact cause of democracy and human rights. As it materialized. The meas- fear worst turned out, my States supposedly in the by taken United ures under subsumed on were later which self-defense, t mixed with until and anxiety moments of sadness mixed and my wife that my later, days I learned, a few safe. were daughter was very difficult sort to to out, in prison, how r understandable at all that they should go to and they in draconian measures engaged excess, t States. What happened in decade in the United t do agree with Carter that should not President we States out thesingle United reprimand, blame, for for wo against terrorists. And one leader afteragainst another in th President Bashar al-AssadPresident of Syria, on the fresh States has that the say also to United job, so eager learn Syria to in combating terrorism. from a lot be outdone by to of Israel, not The prime minister either that the one, also declared his war against P Presentations to Declaration: agreeing Atlanta the coinciding with decided yesterday. triumph, almost This isanother U.S. youshare iswhatthe with Supreme Court sponsored andhosted ushere. r one timeoranother, we have to cheer, we have to we painsthat haveings, allthe at allgone through suffer- despite allthe moment oftriumph, that isa opportunity isafighting there fact that re This,to myGuantánamo. victory, mind,isagreat to defense march butalso andthe ofhumanrights ThisisasmalltokenAtlanta. not onlyfor the nameof the willcarry issue adeclarationthat event. we ofthis Iamdelighted that will be part t t f caseprovidedactivated opportunity untilthe the were Egyptian constitution, butthey in the hardly funds, andto enshrined organize.Theseare rights to doresearch,our rights to publish,to receive upheld me andmy Thecourt colleaguesinprison. butfor evidencetohuman rights put fabricating Egyptian government, not onlyfor violating t acquitting meofallcharges. Butmore important U ofthe Supreme equivalent Court ofthe is the ciates. Ultimately, ofCassation,which Court the seven years ofhard labor—meand27 ofmy asso- intwo inwhich Iwasconvicted trials courts to measures taken underlower against mepersonally ofCassationreversedhighest Court somany encouraged whenEgypt’sexpanding. Iwasvery or the court to reassert them. It is on that basis Itisonthat to them. reassert court or the hat Ihave met allofyou, andIamdelighted to I’menjoyinghat Iamhere, that my freedom, and condemnationofthe wasthe acquittal han the ejoice, we have to buildon. nited States, ruled onMarchnited ruled States, 18 year, ofthis gardless of what the court finally decides. The finally court gardless ofwhatthe

t hear the appealby in several detainees hear the ofthe his great man and to this great center that has center great that manandtohis great this Another moment of victory that I’d that like momentofvictory Another to H UMAN R IGHTS D FNESO THE ON EFENDERS T HE C ARTER 30 No Y target te t movement humanrights of the now iswhether world. ofthe survival human rights movementhuman rights hasbeendiscussingthe Ke question the ofwhyhas beendiscussinginearnest avibrantKenyanattacks, movement humanrights were attemptedattacks andfoiled. 1998 Sincethe BY hood ofallglobal citizens,humanity, andthe justice, peace,tolerance, basicneeds,life andliveli- oflaw, rule nameofconstitutions, the in the social t st violationscommitted by byhuman rights terrorists, ments have monitored, documented, andpublicized and market move- Humanrights fundamentalism. waronterrorism; orstates; the individuals, groups, challenges: beitof terrorism, mortal face three O Mutunga_Final_Paper.pdf go to http://www.cartercenter.org/documents/nondatabase/ 7 To read Dr. Mutunga’s fullpapersubmitted conference, to the k Commissioner andother potential alliesto and you shouldcallonthe U.N. High we f There are marginsfor freedom tobeable he nameofmarket Theydothis fundamentalism. he movements waron nextvictimsofthe are the ight back. It’sight back. those marginsoffreedom that C ear’s Eve, 1980; Aug. 7, 1998; andrecently on eep expanding. eep expanding. ates in the name of the war on terrorism, andin waronterrorism, nameofthe ates inthe rr PENING ny v. ENTER

orism. D Human rights movementsHuman rights world the over now should expand as human rights defenders ashuman rights should expand In the past decades,Kenya three In the hasbeena

a is a target of terrorist attacks. TheKenyan attacks. a istarget ofterrorist 28, 2002.We’ll never know how many other R of terrorist attacks three times:onNew three attacks of terrorist F . W R NLNSOF ONTLINES R ILLY EMARKS M UTUNGA The question survival ofthe F 7 REEDOM Presentations REEDOM F ONTLINES OF R F hip to a benevolent dictatorship, is an which a benevolent hip to rs ENTER to C ues that of Terrorism the Suppression proposed Bill undermines and subverts. The bill is an impo- States thesition by United and Britain, and it the Act, Patriot the from U.S. heavily borrows Temporary of Terrorism British Prevention and, lo and behold, the of 1989, Act Provisions of and Communism Act of Terrorism Suppression apartheid South Africa. The bill, if it becomes if the unconstitutional Bill will be rendered law, of Rights in the draft becomes opera- constitution maintain that the bill is an affront on the ble. We that will hinder progressive sovereignty nation’s the and state as it gives democratization in Kenya, the year Last draconian powers. its institutions to out, and I am glad Moi dictatorship was voted an authoritarian from moved dic- that have we say ta back will claw law, The bill, if it becomes improvement. consolidated have all the concessions that Kenyans 31 ARTER C HE T EFENDERS ON THE D IGHTS R UMAN H an government of the of an government Suppression causes of terrorism ever since thecauses of terrorism attack on ever orism Bill in March of this year. The timing of thisorism year. Bill in March

One, we have said that a sufficient there exists have One, we se. Kenyans were preparing for the constitu- preparing for were se. Kenyans Dr. Willy Mutunga, pictured here with Carter Center Executive Director John Hardman and Mrs. Rosalynn Carter, Carter, and Mrs. Rosalynn Carter with John Hardman Center here Executive Director pictured Mutunga, Willy Dr. D.C. anti-terrorism policy-makers with draconian discussed a proposed bill in Kenya in Washington, r ny rr ot he following objections to it. objections to he following be unconstitutional. it would he bill became law, America on September 11th. These discussions 11th. America on September intensified with the thehave publication by Ke ro of the publication of this bill could not have been of the publication of this have bill could not wo started which in April 2003 to tional conference, thedebate draft The draft constitution. constitution is a modern Bill of Rights that is a great on the South African Bill of Rights. improvement be to Bill is yet of Terrorism The Suppression raised have but Kenyans in Parliament, debated t if Two, terrorism combat to in Kenya. legal regime t This is because the Bill of Rights in the current reflectsconstitution some liberal democratic val- Te Presentations American human rights movement humanrights American and other f Ibrahim asked, isto “What bedoneby us?”I and abroad. forpronounced athome support human rights andduplicitous intheir cal, perfidious, ashypocriti- andBritain Unitedexposes the States press, hascomeoutinthe our opinion,andthis we t t end mightmeet their others exaggeration that t under group Commission canbecomeaterrorist like Kenyaa group the HumanRights possiblethat This isnot anexaggeration. Itisvery movement humanrights ofthe inKenya.death bill, ifitbecomeslaw, inourview, may bethe t have beenalot ofconcessionsinourcountry for last dictatorship decade.Thereagainst the the Samuel Kofi WoodsSamuel Kofi andSaadEddin Ibrahim (Liberia), (Egypt). The conference brought together activists from each U.N. (Northern Ireland), region, O'Brien includingMartin ocus on that question, in addressingocus onthat first, the he growth ofalternative politicsinKenya,he growth which hat way. Thebill,ifit becomeslaw, willoutlaw he Suppression ofTerrorism Bill.Itisnot an to civilsociety for lasthanks 12 the years. The

th I just samequestion wantto Saad askthe that ink is also very important. Lastly, important. bill,in the ink isalsovery H UMAN R IGHTS D FNESO THE ON EFENDERS T HE C ARTER 32 The movements to life reiterated right the is that conditionsorreservations. condemned without gr expression of political opinionby anindividual, Themovementscourse. any invariably stated that bombings,invokingin the dis- humanrights the movements lives expressed anguishaboutthe lost movements following took the measures. The national, regional, humanrights andinternational Fo Mississippi Workers Center for HumanRights. W sented here: HumanRightsFirst, HumanRights t R in.Themovements Europe,ership inBritain, movement must focus onandtake adistinct lead- c defenders,human rights canyou do?There are t movements G8andalsoChina.Iamtaking inthe he American human rights movement humanrights he American are repre- togetherhose countries andaskingwhat,as hallenges that, in myhallenges that, view, rights American the C ussia, Japan and China could then take the lead. take the ussia, JapanandChinacouldthen oup, or state that isagainst humanity mustoup, orstate be that atch, andthe Amnesty International, llowing the attacks on America, the various the onAmerica, attacks llowing the ENTER I am glad today that parts of the enginesof I amglad ofthe today parts that F R NLNSOF ONTLINES F REEDOM Presentations REEDOM F ONTLINES OF R F t, the American human rights movement I am convinced there is need to demystify there is need to I am convinced policy in North Africa, foreign U.S. Clearly, Ye ENTER azakhstan or the great energy reserves in and C eneration of dissidents within those groups that ights movement revisit the revisit devastation of Iraq, ights movement he Middle East, and Central/West Asia has to be to Asia has and Central/West he Middle East, policy on the management government’s he U.S. ierce struggles for political power in these areas. political power for struggles ierce movements’ position on the terrorism. war against movements’ thisI know issue that is an every American citizen 11th, after years September about. Two is sensitive former by very statements read strong I have Al President Carter Vice and former President I thinkGore. thisthe is right talk time also to the want, in answering about these issues. I would theurge to these attacks“why place,” took consider to American human rights movement certain entry analysis. such points into Islamic fundamentalism as an intraclass conflict the rulingbetween classes in North Africa, the Asia. I think it is the new and West Middle East, g is accusing the of being corrupt, other generations and of sell- resources, theof squandering region’s States. theing out to United When it comes to theof duplicity accusations support of Palestine, Islamic sol- and the to of commitment shallowness idarity these by a common criticism groups are by issues which many therefore, are, dissidents. There reflect ultimately and which be understood need to f t The Americaninterrogated. human rights move- the lead. Let take Americanment has to human r t of oil reserves in these and the areas, building of American the bases in Saudi Arabia. Let American policy on U.S. revisit human rights movement Israel and its conflict with the Palestinians. the ignore economics and thecannot politics of and oil issues in Uzbekistan, Turkmenistan, K the the Overall, adjacent to Caspian region. understand must American human rights movement 33 ARTER C HE T EFENDERS ON THE D IGHTS R UMAN H porary Provisions Act of 1989, and, lo Act of 1989, porary Provisions The suspects in the 1998 bombings in East The suspects in the 1998 opinion, the human rights in my move- So far, m hat the proposed Suppression of Terrorism Suppression proposed hat the ights movements have yet to respond to why the why to respond to yet have ights movements he appropriate courts.he appropriate and International law Communism Act of apartheid South Africa.Communism Act of apartheid South The Bill of Rights in [Kenya’s] current consti- in [Kenya’s] The Bill of Rights values tution reflects democratic some liberal t Bill undermines subverts. and an The bill is States and Britain, by United imposition the Patriot U.S. the from and it borrows heavily British of Terrorism Act, the Prevention Te and of Terrorism Suppression and behold, the Bush administration ignores the ignores human rightsBush administration Africa were arrested and prosecuted in U.S. courts. in U.S. and prosecuted arrested Africa were They had legal counsel, and after trials, they were What was asked imprisonment. life to sentenced about the of the murders American citizens on the Human Rights Watch bombings by 11th September States was that the United commit should not similar crimes humanity in other countries against distinguish cease to would because the world States the United between and the terrorists. understanding what of a better sought ments have sought an but not 11th happened on September it happened. The human understanding of why r fundamental humanity and the to human rights at all costs. the right life discourse to protects the declared Also, the human rights movements innocent American of murders citizens crimes of the humanity and theagainst dead accomplices in and prosecuted be captured perpetrators had to t as capable invoked international were institutions of handling the matter. Presentations re movements, here? includingallofusgathered The issuesofforeignon these country. policyof this have always found reading Noam Chomskyworth issues,and I hasitsdissidentsonthese America lic hasasked September after of its leaders 11th. pub- question American inanswering the the part movement humanrights American willassist in world.citizens ofthe Such aproject by the other needsmore civiceducation than izenry cit- American Indeed,the just for South. usinthe world. areas ofthe in these Civiceducationisnot government policiesoftheir consequences ofthe publiconthe American educateafter the movement humanrights The American willthere- th t Hauwa Ibrahim andAndres ofNigeria CañizalezofVenezuela listened totestimony from Ivan Ivanov about he impact for ofthe war Roma onterror Europe. communitiesinEastern lations between the human rights movementslations between humanrights the in e role of their country in the newworld inthe order. country e role oftheir What about the relations betweenWhat aboutthe various H UMAN R IGHTS D FNESO THE ON EFENDERS T HE C ARTER 34 below, Whatcanwe soto speak. docollectively movements humanrights international from politicaldirection totual andthe the t r The sameprocess isgoodfor human continental st nationand nature ofthe to limitations bypass the st wo nationallevela movement atthe where net- start such movement.human rights that Itisimportant for international buildingblocks the be the movements humanrights nental networks should fo the that continuousattention, butIthink serious t he North and the South have South not andthe attracted anyhe North he human rights movement,he humanrights andgivingintellec- ights movements, the South-South solidarity of solidarity ights movements, South-South the C ate and to bring the regionalate movements the andto bring together. r r ong. They, raiseissuesofaregional inturn, rk mation ofstrong national,regional, andconti- ENTER s between become groups humanrights F R NLNSOF ONTLINES F REEDOM Presentations REEDOM F ONTLINES OF R F h, but a lot is happening. How do we build do we is happening. How h, but a lot The other question: Have the attacks Have on The otherquestion: My conclusion is this: As human rights I have already mentioned Noam Chomsky, Noam mentioned already I have orism. ENTER rt uctures of British government under Blair. British of uctures government eam those dissenting voices in theeam those North dissenting voices which her people’s organizations? What are human organizations? What are her people’s rr r r C ights remains a fundamental weapon to defeat to a fundamentalights remains weapon ights movements in all our countries? How strong in all our countries? How ights movements that insure these doing to move- ights movements he youth the organizations, groups, religious pro- hink theythe policy-making come from highest see them on CNN he North, although don’t we essional groups, the peasant organizations, and or us human rights defenders is how do we main- we do is how or us human rights defenders st on theare Because, some- fringes and ineffectual? think times we that nothing is happening in the No withnetworks those particular groups? the human call for America as a wake-up acted r the human rights the between organ- are networks groups, izations, the trade unions, the women’s t f ot r ments survive indeed permanent and are and that without say irreversible? I think must for- we of the human rights eign funding, many I think in the die. Yet South would movements with mobilization and the proper the politics, middle classes in the these South could make permanent in our various countries.movements hearing are the that we message defenders, no human rights. there are there is terror, where peace. subverts world view, in my That message, of human and the promotion The protection r te t st should bear talk we about failed states, And, as we view in my Iraq, which and maybe in mind Somalia has hallmarks It might be that of a failed state. some of these countries this will face policy new of recolonization. in that voices dissenting thereand I was saying are t them read in other places. The question but we f 35 ARTER C HE T EFENDERS ON THE D IGHTS R UMAN H er? In my opinion, what human rights opinion, er? In my in the 19th century. Third, what is needed century. Third, in the 19th

ld Social Forum; others have participated in othersld Social Forum; have Organization, the International ld Trade th I quote this think because I do not theseI quote are Shall the human rights movements collectively Shall the human rights movements politi- Blair’s 2002, Tony At the end of March r r re ge uestions. uestions. olicy Center, he made three significant points. olicy Center, he words of a lunatic or an armchair academic. I he words hen is a new kind of imperialism. We can design We hen is a new kind of imperialism. he empire. In a policy pamphlet titled In a policy pamphlet he empire. t t all imperi- like which, its outline: an imperialism and organization but bringalisms, aims to order on the voluntary today rests principle.which movements can do on this issue of terrorism movements some of these around and human rights revolves q Some of the join the movement? globalization members of the are human rights movements Wo capitalism globaliza- against and against marches thetion. Others against members of initiatives are Wo Bank. Still othersMonetary have Fund, the World to multinationals against organized campaigns I think human rightsguarantee of the workers. connectivity. what is missing is collectivity and opinion, in my movement, The anti-globalization and political is about economic, social, cultural, economic, social, challenge The movements justice. cultural, and political rights of globalization. controversy provoked Hooper, Robert cal adviser, in Britain the publicly arguing by what he case of re- involve that imperialism would called defensive thatcolonization of states pose security threats for t the published by Foreign the World,” “Reordering P One was, when dealing with fashioned a more outside thekind of state postmodern continent of the methods to rougher revert need to we Europe, attack, decep- pre-emptive eras: force, of earlier tion. Second, the the opportunities, even perhaps as great as they colonization, are ever need for we to Testimonies leaders at The Carter Center,leaders atTheCarter Nov. 11-12, 2003. defendersHuman rights from around the world andU.N. joinedPresident andMrs.Carter humanrights H UMAN R IGHTS P ARTICIPANT D FNESO THE ON EFENDERS T HE C ARTER 36 T C ESTIMONIES ENTER F R NLNSOF ONTLINES F REEDOM THE CARTER CENTER HUMAN RIGHTS DEFENDERS ON THE FRONTLINES OF FREEDOM

NATALIA ABLOVA (KYRGYZSTAN) We should oppose persistently those views because they are incorrect. All those realpoliticians We are not naïve — we know why big powers, admit that our world is terribly unstable and inse- resourceful democracies, grant impunity to cure. But for whom particularly are they going to nations that are widely considered as human build or strengthen this security and stability? rights perpetrators in the world. It is one thing to Because if it is only for a limited number of coun- grant impunity to these nations but another thing tries, a limited number of people, the world is going to fund or even reward them. We should make it to be even more insecure, even more unstable. absolutely clear that we are no longer willing to Because of this lack of vision, we will have to accept it. I prepared a list of excuses that big pow- work hard to counterbalance this approach. We ers are making to support financially perpetrators should clearly indicate that we denounce this of human rights violations. For instance, we are approach. Either stability is for everybody, or told that some nations are such big powers that they are very hard to influence. Usually China

and Russia come under this description. But this T Either stability is for everybody, or there will estimonies is only one excuse, which of course is not a very be no stability for anybody. good excuse. It is incorrect. Politicians sometimes tell us that we are very naïve and that they represent realpolitik. And that there will be no stability for anybody. We also is why they are sometimes quite sincere in their must look at poverty, though some will say, espe- cynical approaches. They say, “Those rulers who cially in our part of the world, that while people you quite correctly call perpetrators are sometimes are poor, they do not care about human rights too our partners in the anti-terrorist fight or in these much. Poverty is also an extreme economic mani- military operations or in these anti-drug traffick- festation of the lack of human rights, lack of ing efforts. That is why we have to support them, access to resources, lack of access to justice, lack of because without those governments, this struggle access to decision making. That is why poverty is would be even much worse.” also a big human rights problem. As human rights Another excuse is that the big powers say that activists, we must never accept these excuses — we democracies are not built overnight. This concept must oppose them point by point. I hate very much. They say, “The transition to democracy can be chaotic, as the experience in the Natalia Ablova is the director of the Kyrgyz-American Bureau post-Soviet states just proved, so we have to sup- on Human Rights and Rule of Law. A journalist by trade, she has published articles on a variety of human rights and political issues. port sometimes less democratic and more She has formerly been associated with the human rights society authoritative rulers to avoid this chaos because Memorial and the Democratic Movement of Kyrgyzstan. In 1993, she created the NGO Monitoring and Advisory Group, which chaos also violates human rights.” Another excuse functions as an aid watch and civil society coalition. is the idea that culturally, those countries are less receptive to universal values than, for instance, we are in the rich countries — though this excuse, of course, is being said in a more cautious way not to offend us. But nevertheless, this excuse is given.

37 Testimonies have aneffective opposition.Whenwe are talking we do noteither have anoppositionorwe donot already inParliament. Theywillbepassedbecause t isinParliamentmajority party andcontrols every- executiveand the are basicallytogether the isthat Malaysia where countries Parliament andother t wo So, like already have someofourfriends said,the wo “ by because governments continueto dismisspressure for hasbeenquiteinternationally us difficult IaminAsia,and lobbying oping newpartners. ofdevel- importance Ibrahim talked about—the I would like issueSaad from to the take off S hing. For laws alot ofus,anti-terrorism are his area, progress hasbeenmadeinAsia. Asian values.” argumenthas Somehow this ALBIAH

rk rk t alking aboutculturalrelativism andso-called One of the majorOne ofthe working problems with in ed for them to deflect international pressure. international ed for to deflect them

has to be on the ground with civilsociety. with ground has to beonthe In H UMAN A HMAD R (M IGHTS ALAYSIA D ) FNESO THE ON EFENDERS T HE C ARTER 38 t effective. would that bevery defenders. Ithink subjectof humanrights HinaJilanionthe with we pendent. Thisisapossiblearea inAsiawhere, if to remaina lot inde- ofpressure judiciary onthe civilsociety, with effectively ground is onthe there Where judiciary. weaddress the have worked proposed Center policyforum andthe The Carter Iwould likeabout newpartners, to suggest that Malaysia’s ofconstitutionalism. newcourse Malaysia development andthe ofaframework to beginchartering researchHer current Islamizationoflaws centers onthe in regionaland religion andlocallevel atthe for 15 more than years. based inKuala Lumpur. Shehasaddressed issuesofwomen, law, fo Salbiah Ahmad t visas issuedto travel here. We shouldremember colleagues from andIrancouldnot Algeria have t aboutsomeof disrepute nationifshetalks to the shemight defameandbring ment isafraidthat womenagainst inMalaysia. migrant Thegovern- t isimpounded. Shereceivedpassport sen- aprison —oneisIrene whose Fernandez, gathering at this defenders. Hina Jilanionthe subjectofhuman rights to judges, ameeting couldbefacilitated with is apossiblearea inAsiawhere, ifwe speak toremain independent.This on the judiciary gr Where we have effectively worked onthe er of concern sincewe areer ofconcern friends missingthree ence for abuses documentinghumanrights hem. abusesinMalaysia.he humanrights Two other C unding memberofSisters inIslam,awomen’s organization rights ound with

ENTER speak to judges, ameeting couldbefacilitated I would like to request we alsothat issuealet- F R NLNSOF ONTLINES civil society, there isalot ofpressure is a human rights lawyeris ahumanrights inMalaysia anda F REEDOM THE CARTER CENTER HUMAN RIGHTS DEFENDERS ON THE FRONTLINES OF FREEDOM

HUMAN RIGHTS WATCH Malaysia: Rights Activist Barred From Travel

(New York, November 6, 2003) The Malaysian government prime minister on Friday, Oct. 31, her case is a test of how should allow human rights defender Irene Fernandez to travel Abdullah’s government will address free expression. abroad to attend meetings with other activists, Human Rights Mahathir’s government harassed and sometimes jailed its Watch said today. Fernandez, one of Malaysia’s most promi- critics, and restricted civil society groups and the media. nent advocates for the rights of migrant workers and women, In his opening speech as prime minister, Abdullah stressed was denied a passport on Nov. 4. On Oct. 16, the Kuala Lumpur magistrate’s court convicted Fernandez of “maliciously publishing false news” for issuing a groundbreaking 1995 report that documented beatings, The prosecutor urged the court to deny sexual abuse, and inadequate food in detention camps for Fernandez’s most recent request for a pass- T migrant workers. Her one-year jail sentence has been stayed port on the grounds that she would likely estimonies pending appeal. “tarnish the image of the country” if allowed Over the course of the seven-year trial, the longest in to speak about Malaysia’s human rights situ- Malaysian history, Fernandez applied for-and received-a passport 42 times. The prosecutor urged the court to deny ation at international conferences. Fernandez’s most recent request for a passport on the grounds that she would likely “tarnish the image of the country” if allowed to speak about Malaysia’s human rights the need for free expression in Malaysia. “We believe democ- situation at international conferences, which she is scheduled racy is the best system of governance,” he told the Malaysian to attend this month in the United States and Canada. Parliament on Nov. 3. “We must be open and ready to The magistrate’s court agreed with the prosecutor and reject- accept criticism and contrary views to ensure that a culture ed Fernandez’s application, although the prosecutor of democracy thrives.” conceded that Fernandez was not likely to flee. Fernandez is “Prime Minister Abdullah needs to live up to his rhetoric,” appealing the decision. Human Rights Watch urged the gov- Adams said. “He can signal the beginning of a new era of ernment to withdraw its objection to the issuance of the openness in Malaysia or just continue with Mahathir’s poli- passport when the case goes to the Kuala Lumpur High cies. Malaysia’s image will be tarnished if Irene Fernandez is Court. forced to stay at home.” “Prime Minister Abdullah Badawi should take this opportunity Fernandez is scheduled to attend a conference on human to show that Malaysia can and will tolerate criticism,” said rights defenders in the United States and a conference on Brad Adams, executive director of the Asia Division of Human HIV/AIDS in Canada. The conference in Canada is being Rights Watch. “Fernandez was sentenced to a year in prison held by the International Council of AIDS Service for speaking out against abuses. Now the government is Organizations, of which Fernandez is a board member. The adding insult to injury by keeping her from traveling abroad conference in the United States is co-sponsored by The for the same reason. This does not bode well for free expres- Carter Center, founded by former U.S. President Jimmy sion in Malaysia.” Carter, and the office of the United Nations High Although the prosecution of Irene Fernandez began under the Commissioner for Human Rights. Human rights activists government of Mahathir Mohamed, who stepped down as from around the world will attend the conference.

39 Testimonies my for meto difficult continuewith has beenvery killedmy it me, andthey husband.Sincethen, menbrokeago three into my houselookingfor assassination. Dueto my work, ayear andahalf defenders and againsthuman rights persecution mainly. Iwould like to focus protection onthe of Atlantic coast ofNicaragua—inlandtenure issues communitiesonthe Miskito andRama ples —the f I have beenworking ofhumanrights field inthe M f are violated. Thework we that have beendoing wo by indigenous against people the of discrimination itiseasierto apolicy pursue what happenedisthat with them. on their lawyers oronthe peoplewhowork against the focusing indigenous peopleby It iseasiertopursueapolicyofdiscrimination or about10 indigenous peo- years, especiallywith or 10 forces. years hasbeenneutralizedby these

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L with the indigenous peoples. I think that indigenous peoples.Ithink the with UISA UMAN A COSTA R IGHTS (N ICARAGUA D FNESO THE ON EFENDERS T ) HE C ARTER 40 impact andourgovernments. onourcountries t to issomeonewe there know and canturn that t and open—by are e-mail,fax,phone —there f open ourchannels ofcommunication.Inmy case, American States. American Organizationof Commission ofHumanRightsthe demarcation ofcommunallandsbefore Inter-American the legaladviserinaclaimfor asthe viously served Center for to LegalAssistance Indigenous Peoples. Shepre- coordinator ofindigenous peoplesasthe legal rights ofthe Maria LuisaAcosta fe dif- Theymadethe newspapers. published inthe letters were president andstatements by that the derers andnot same goingto jail.Alsothese between beingsentto jailby my husband’s mur- difference statements madethe came outwith organizations humanrights and international f already beencompletely closed.So,Ibelieve that husband’s assassinationwasreopened ithad after re t not, andIbelieve we that cannot underestimate t community,international solidarity, this canmake violations,the also bevictimsofhumanrights defenders andwhoatagiven pointintimemay or example, the fact that different institutions factthat or example, the or those ofusworkingor those as onhumanrights hat an international organizationhas amajorhat aninternational tohousands ofways, butitisalsoimportant he importance of this presence. SoIreiterate ofthis he importance my he difference between we whether stay alive or C r q ence, and the investigationence, andthe regarding my ENTER uest that weuest that keep communicationpermanent One thing that is very important isto keep important isvery that One thing F R NLNSOF ONTLINES advocates for realization offull the F REEDOM THE CARTER CENTER HUMAN RIGHTS DEFENDERS ON THE FRONTLINES OF FREEDOM

GHANIM ALNAJJAR in the field. In 1998, I led an Amnesty (KUWAIT/IRAQ) International delegation when we conducted the There are specific first human rights training workshop. Now, civil needs for human society in Somalia is a real force, and that’s what rights defenders in the we are investing in, not the political leaders. field we are not really The Human Rights Defenders Policy Forum is addressing at all. What a good idea, and it should connect with the spe- I have found in talking cial mechanisms of the U.N.’s human rights to representatives here system. This is the only body that is worth work- is that people do not ing with. We should not talk about reforming the understand the United Nations as a whole — this is a daunting United Nations at all. There are much greater task — we are not going to succeed. We should be expectations from the United Nations than what realistic and practical. These are the people who

is realistic. There is one body within the U.N. sys- believe in what they do. They believe in human T estimonies tem that is comprised of true human rights defenders, which is the special rapporteurs, independent experts and special representatives, also The special rapporteurs, independent experts known as the special procedures or special mecha- and special representatives — also known as nisms. They are the human rights fact-finders, the the special procedures or special mechanisms truth-tellers within the system. They have the — are the human rights fact-finders, the potential to be very powerful and effective in truth-tellers within the system. They have the exposing the truth about violations on the potential to be very powerful and effective in ground. But we are not U.N. officials; we are exposing the truth about violations on the unpaid volunteers. This is probably the only body in the United ground. Nations with which defenders can really connect. When I go to Somalia as special rapporteur on rights, and their annual forum is there to be used that country, which is very dangerous, I rely on by human rights defenders — it is underused. That God for my protection. I go into discussions with will take us to the issue which President Carter war criminals, surrounded by hundreds of militia- talked about — the issue of funding. The least-funded men, talking to them about protecting human organization in the United Nations is the Office rights in the regions they control. What can the of High Commissioner for Human Rights. That United Nations do in that situation? Nothing. needs to be corrected. Most of the staff in the They cannot do anything. I depend on my experi- office do not have permanent contracts — that is ence. So far, it’s been reasonably successful. Every very important for our work. Last year when I was time I go there, I get tens of political prisoners preparing for my mission to Somalia, my desk offi- released. Somalis now await my arrival because cer informed me three days before the trip that they know there will be some results. It is not she might not be able to join me because she was highly publicized, but that is what matters for people not sure whether she would get her contract in

41 THE CARTER CENTER HUMAN RIGHTS DEFENDERS ON THE FRONTLINES OF FREEDOM

time, meaning she would not get insurance. These and UNDP that is not working. We have to press are real problems that will take real solutions that UNDP. Without it, there will be no progress our policy forum can address. We can form an because that is the field partner. It’s not the alliance between defenders and this group already United Nations, it’s UNDP — so we have to deal within the United Nations. That will create a real with the agency. I talked with UNDP officials on strength, if we can find the right formula. several occasions, and we agreed that UNDP staff Another issue from my experience has to do should receive training in human rights because with the role of the United Nations Development they do not understand what human rights work Program (UNDP). Most U.N. representatives in is about. They think it is counterproductive and the field are from UNDP. UNDP has a very bad that it is against their objectives. They have been name with the human rights community. There is trained to believe this. It is part of our job to edu- a memorandum of understanding between the cate them that human rights work is compatible Office of High Commissioner for Human Rights with the goals of UNDP. That needs an effort. Lastly, I wanted just to mention this issue of emerging democracies that we have been discussing We can form an alliance between defenders in the context of September 11th. September 11th really showed us how fragile established democra- estimonies T and the special mechanisms already within cies are, not just emerging democracies. What I the United Nations. That will create a real see is that even established democracies are fragile strength, if we can find the right formula. to crisis.

Ghanim Alnajjar is the U.N. independent expert on human rights in Somalia. From 1988-1992, he was a member of the Amnesty International Mandate Review Committee in Iraq, where he monitored human rights violations, including mass graves. Following his imprisonment in Iraq, he was awarded the International Human Rights Award in December 1991. Alnajjar organized the first mission of Amnesty International to Iraq following the U.S.-led invasion.

42 THE CARTER CENTER HUMAN RIGHTS DEFENDERS ON THE FRONTLINES OF FREEDOM

Governments are now emphasizing the need for cooperation vs. confrontation at the United Nations on the human rights question. After 36 years, where do we bridge the gap between cooperation, which doesn’t seem to work, and confrontation?

Curt Arnson and Rosalynn Carter we bridge the gap between cooperation, which doesn’t seem to work, and confrontation and at CURT ARNSON (ISRAEL) what level? Our petition is coming up for a hearing on I work with an organization that takes a legal and

Dec. 1, 2003. What would happen if, in these T administrative approach. We have presented the estimonies important cases that do come up within the first petition to our high court of justice on the courts, like our petition on the Israeli separation segregation wall that separates Palestinian commu- wall, the high commissioner for human rights or nities. Some call it the “separation wall,” which, those with international stature came to sit in the according to the Rome Statute on the front row of the Supreme Court? They would be International Criminal Court, establishes an there to show that this case is important, not only apartheid state. This is a legalistic analysis. In the to Israel or to a small group of people in Israel, central part of the West Bank alone, it is creating but to the world — that this is not just an internal seven enclaves. It is creating apartheid because matter — that this is a matter of basic human among the military regulations that have been rights. What would happen if we showed this issued for this wall, Palestinians need permits to kind of solidarity? be able to move among their homes or to drive. We worked on a case in 1999 that took five They have to be teachers or other particular pro- years but which finally banned torture and inter- fessions to be able to move at all within the areas. rogations by general security services in Israel. However, anybody who is a citizen of Israel or is There was a group of French jurists that came and eligible according to the law of return, in other sat across from our jurists. They knew each other words anyone who is Jewish — any tourist — can go from conferences and other international profes- wander around freely, whereas a Palestinian can- sional situations. That support showed not. This is basically destroying the Palestinian international concern, and it made a difference — educational system and the health system. It is we felt that we were not alone. keeping people from being able to enjoy their basic human rights. Curt Arnson is director of HaMoked: Center for the Defense of the Individual, a nongovernmental organization devoted to offer- It has been mentioned that governments are ing free legal aid and advocacy to Palestinian residents of the Israeli now emphasizing the need for cooperation vs. occupied territories of the West Bank, Gaza Strip, and East confrontation at the United Nations on the Jerusalem whose human rights are violated by Israeli agents (military, security, police) or as a result of Israeli policy. human rights question. After 36 years, where do

43 THE CARTER CENTER HUMAN RIGHTS DEFENDERS ON THE FRONTLINES OF FREEDOM

the entire world. I do not think that since the apartheid system in South Africa has there been such a grave situation of collective violations of human rights similar to what is happening now in the occupied territories in Palestine. We have a combi- nation of the longest occupation probably in modern history — 36 years — combined with the creation of an apartheid system, severe violence that affects, of course, both peoples, extrajudicial killing that is practiced on a daily basis. Fifty percent of the 300 people who were assassinated by the Israeli army were innocent bystanders. You estimonies

T have the creation of a new “Berlin Wall,” a new R USTAFA ARGHOUTHI ALESTINE D . M B (P ) “apartheid wall,” as we call it, which is three times It is an honor to be here to represent a movement longer and twice as high as the Berlin Wall used that is called the Palestinian National Initiative. to be. A wall that the government claims was What is missing from the news about the conflict established for the sake of security, but practically, with Israel is that we have a strong and growing it is five times the length of the borders between democratic movement in Palestine that aims to get West Bank, Gaza Strip, and Israel. Instead of 200 rid of all forms of mismanagement and corrup- kilometers of borders, they are creating 1,000 kilo- tion and bad laws — to have the rule of law in the meters of wall. It is a place where violations of country. We want to build Palestine as a democracy. international law are happening on a daily basis. We know that democracy has become a precondi- I am also a medical doctor. I do not think it is tion for peace. Peace can last only if it is established a coincidence that you have so many medical doc- between two democracies and if agreements are tors participating in human rights activities. There accepted and supported by both people. It cannot is nothing as drastic and as sad as struggling to be there by imposing an agreement from one have a pregnant woman ready to give birth trying side on the other. While we struggle for democ- to cross the checkpoint to receive medical care. racy on a daily basis, we are reminded that it is Fifty-three women so far have been obliged to give so difficult and almost impossible to build a birth at checkpoints. The last woman who gave democracy if people don’t have freedom first — birth in this way, in Jenin, was standing 20 meters freedom and dignity. from an ambulance, and they wouldn’t let her So I must tell about the dire situation facing across to get to it. We have lost 89 people already Palestinians and Israelis that is very dangerous for who were having heart attacks or children who

44 THE CARTER CENTER HUMAN RIGHTS DEFENDERS ON THE FRONTLINES OF FREEDOM

I do not think it is a coincidence that you have so many medical doctors participating And sometimes, they decide not to open it at all in human rights activities. There is nothing for several days. During the last month for about as drastic and as sad as struggling to have a 10 days, the city was shut off. The people in that pregnant woman ready to give birth trying city called me and said, “We don’t see the sunset anymore because we are surrounded by a wall that cross the checkpoint to receive medical care. is eight to 12 meters high.” Fifty-three women so far have been obliged to We were all saddened by what happened in give birth at checkpoints. The last woman the United States because we knew that this who gave birth in this way, in Jenin, was would also affect our cause. Just imagine, in our standing 20 meters from an ambulance, and case, we have lost 2,860 people who were killed they wouldn’t let her across to get to it. during the last two and a half years and about

47,000 people injured. This is for a population of T estimonies 3.6 million people. If we had the population of were having respiratory problems who were not the United States, you would be talking about allowed to cross to receive medical care. It is a 220,000 people killed and approximately 4 mil- small country, the West Bank and Gaza — very lion people injured. So we are also struggling like tiny in comparison to the big country of China or you. Russia or the United States or even Afghanistan. For some reason, there is a sort of taboo in But in this little tiny place, you have 482 check- this country to really look at what is happening to points that are preventing the freedom of the Palestinians — but this also is hurting Israelis, movement for the last two and a half years. How because there is nothing to be proud about in cre- many other times in history has a whole popula- ating a new apartheid system in the 21st century. tion been prevented from using roads and streets, This is something that the Israelis cannot be their own roads and streets, for more than two proud of. My cry to you all and especially to and a half years? A trip that would usually take 45 President Carter and to the high commissioner — minutes from Ramallah to the Hebron area would please do something to help us bring attention to now take, if it is possible at all, nine hours after this part of the world. Without strong international changing vehicles at least 11 times. This is so dras- pressure and intervention, it will be impossible to tic and so terrible and so unacceptable, and correct this situation. something must be done about it. Dr. Mustafa Barghouthi is the secretary of the Palestinian Imagine a city like Qalquillya, where 46,000 National Initiative, or Mubadara, a recently established democratic people are surrounded by a wall from all direc- opposition movement. Dr. Barghouthi was one of the delegates involved in the Madrid peace negotiations initiated in 1991 and a tions with one little entrance, which is eight member of the steering committee of the technical committee that meters wide with a gate. And the gate has a key. prepared for the establishment of various Palestinian ministries. And Israeli soldiers have the key. They shut off the city everyday at 6 p.m. and open it at 6 a.m.

45 THE CARTER CENTER HUMAN RIGHTS DEFENDERS ON THE FRONTLINES OF FREEDOM

JUAN ANTONIO BLANCO (CUBA/CANADA) Carter very wisely has done since the very start of We should look at the other sometimes invisible the Center was to bring together the conflict reso- casualty of the war against terrorism — the interna- lution community with the human rights tional multilateral system and the whole community. If we are trying to produce an alterna- multilateralist approach to international affairs. tive strategy for international peace and security How can we strengthen multilateralism itself and based on a human rights approach, we need to at the same time strengthen the human rights pro- bring those two communities together to work in tection mechanisms? Dr. Ibrahim presented the this task force. We have to learn citizen diplomacy observation that there are those in influential and the culture of the official diplomacy if we positions who act as if human rights and interna- want to interact in an efficient manner with the tional security cannot mix — that there is either official diplomatic efforts. one or the other. In this false dichotomy, security There is a role also for U.N. personnel in such always wins over human rights. We should reverse a working group. It is unclear to what degree they will be free to participate in an official capacity, but they can contribute ideas and advice to us based on their invaluable experience. This is true also for the estimonies T regional organizations like the OAS and the Inter- American Commission for Human Rights and other mechanisms in the European Union. But every crisis is also an opportunity. We are living in a time of crisis, which means that we also have some opportunities. There is talk at the United Nations about the need to reform, as it has been a casualty of the latest international events. These events have brought to light some of the Juan Antonio Blanco flaws and the weaknesses of the United Nations. As a result, there may be an opening to reform the the phrase that Dr. Mutunga quoted from a gov- U.N.’s human rights protection mechanisms. If this ernment official who said, “Where there is is the case, we have to make sure that we have our terrorism, there cannot be human rights.” We own proposals and strategies. President Carter hit should say, “Where human rights are respected, the nail exactly in the middle when he said to there is no enabling environment for terrorism.” strengthen the authority of the high commissioner We should come up with a tool to follow up for human rights, we must find ways to strengthen on what we conclude; otherwise, this is not going his or her autonomy. to be making history here. I would like to ask The Juan Antonio Blanco is the director of international coopera- Carter Center to facilitate the establishment of a tion at Human Rights Internet in Ottawa and a member of working group not only composed of human CIVICUS and CALACS. He was a professor of philosophy at the University of Havana, Cuba, a Cuban diplomat and foreign policy rights organizations. One thing that President analyst, and the executive director of the nongovernmental organization Centro Felix Varela of Cuba.

46 THE CARTER CENTER HUMAN RIGHTS DEFENDERS ON THE FRONTLINES OF FREEDOM

ANDRES CAÑIZALEZ (VENEZUELA) We have heard a lot of testimony from all over the world, some of it devastating. But now we must take a look at some concrete strategies. We must forge alliances and find a political meaning to what we are doing, because we are facing a very serious threat to the work that each of us is carrying out in each of our countries. We need to take advantage of the occasion in a proactive way, which I think is also the reason why this meeting was called, and we should use a meeting like this T one to think of what common strategies we can estimonies come up with. I would also like to take the occasion to con- Andres Cañizalez tinue the tradition of thanking President Jimmy Carter in particular for the role he and The there is earlier intervention, by someone like President Carter or the high commissioner for What is true about many of the situations human rights, we may be able to avoid catastrophic we have learned about here is that if there is human rights violations. We have a situation in earlier intervention, by someone like Venezuela which, compared to other countries, may not be as drastic or complex, but I believe the President Carter or the high commissioner attention paid by The Carter Center and other for human rights, we may be able to avoid international organizations has allowed for acting catastrophic human rights violations. adequately and in time, and I just wanted to thank you. We should all learn from it as we think about how to prevent violations from esca- Carter Center have been playing in the difficult lating. This makes this conference very important political situation in Venezuela. The human rights and timely. organizations in Venezuela really do feel a deep Andres Cañizalez is an investigator at the Human Rights satisfaction for the role he played personally in a Center of Andrés Bello Catholic University and director of the recent visit to Venezuela. It is a demonstration of Venezuelan Press and Society Institute. He co-published the 2002 how to act like firemen who stop the flames and 2003 Reports on the Freedom of Expression in Venezuela. Cañizalez formerly was an investigator for the annual report of the before they spread. What is true about many of Venezuelan Education and Action Program in Human Rights the situations we have learned about here is that if (PROVEA), focusing on the theme of the rights to freedom of expression and information.

47 THE CARTER CENTER HUMAN RIGHTS DEFENDERS ON THE FRONTLINES OF FREEDOM

ANTIAGO ANTON RGENTINA S C (A /OAS) that we do. Some bodies are easier to push than It has been shocking today, in just a few hours, to others. In my particular case of the Inter- hear all of the situations being faced by human American Commission on Human Rights, we are rights activists from different countries that are very easy to push because we believe that criticism represented here. We all listen to the news and we is a key component of what we can do. read newspapers, but it was quite disturbing to get In that respect, I believe that whatever we say such a clear picture of what is really happening has to come from a forum made up of members of throughout the world. It seems that we are at one civil society and appropriate government officials of those times in which we need decisive action in their individual capacity who can offer advice from international organizations, governments, and input from their perspective. For example, and from civil society. It is critical to have a very when Mariclaire Acosta was a member of the strong system to follow up whatever comes out Mexican government, she could have been of serv- from here. There is a need to have some sort of ice to a forum like this. She would not have body that can continue this forum — whether it is represented her government in the discussions but a permanent body or one that convenes every six months or one year. estimonies T We should believe that we can influence The fact is that international bodies need what’s going on in the world. We can do this if we to be pushed. We are an 800-pound gorilla have on our side the presence of people in posi- that is very difficult to move. We need the tions of power or those who have the power to influence those in positions of power. President recommendations and criticism. We constantly Carter, you are one of those people, and The need this input. Otherwise we are in danger Carter Center is one of those organizations that of falling into the bureaucracy and not can make that contribution. It is very critical to progressing. have your participation in this. President Carter suggested convening the Nobel Peace Prize laureates to raise awareness of the issues we are could help shed light on what can be effective in discussing here. It is an excellent idea, but that terms of getting governments to improve their doesn’t exclude the idea of a policy forum or human rights policies. Again, she would be serving council — both are relevant. in her individual capacity. We do not want to have With regard to reforming international organ- this forum fall into the bureaucratic model of gov- izations, I can speak as an insider. The fact is that ernments or intergovernmental organizations. international bodies need to be pushed. We are Santiago Canton is the executive director of the Inter-American an 800-pound gorilla that is very difficult to move. Commission on Human Rights of the Organization of American We need the recommendations and criticism. We States. He was special rapporteur for freedom of expression for the OAS. From 1994 to 1998, Mr. Canton was director for Latin constantly need this input. Otherwise we are in America and the Caribbean of the National Democratic Institute danger of falling into the bureaucracy and not for International Affairs and was an adviser to The Carter Center progressing. The best way of getting such pressure during elections in Nicaragua and the Dominican Republic. is from civil society — it is critical in all the things

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ISCRA CHAVEZ (PERU) I am a member of a very small organization that We think that you cannot fight violence works in the city of Cuzco. However, in Peru we with violence; we cannot combat terror have a very important organization, the National Human Rights Coordinator. This is an umbrella with more terror. organization for 61 human rights groups distrib- uted throughout my country. For years we have Commission are speakers of QuecHe, a language seen a time of violence in our country, unleashed used in my country in the Andes. mainly by the Communist Party of Peru, which We would like to point out that we would like began a confrontation that has caused around this gathering to support the final report issued by 69,000 deaths. These deaths are also the responsi- the Truth Commission, because we want to make bility of the state. impunity disappear from the world. We cannot The Truth Commission of Peru has recently allow that the perpetrators of human rights viola- T issued a report in which the crimes and human tions receive the support of countries that estimonies rights violations are detailed. Most of the victims obstruct their being brought to justice. I am refer- are indigenous people. My country is one in which ring to Alberto Fujimori, who has the support of more than 50 percent of the people live in rural Japan, which is obstructing his return to Peru for areas, and they are the victims of violence. We trial. We are requesting the extradition of Mr. think that you cannot fight violence with violence; Fujimori so that he answers for the violation of we cannot combat terror with more terror. The human rights in Peru. We believe that condemn- human rights organizations condemn violence no ing this type of attitudes will allow us to destroy matter where it comes from, including the terrorist impunity in the world. We support the work done organizations we have had in our country. We also by the Truth Commission, because it has brought condemn the terrorist attitudes used by states. In up the cases that we, for 20 years, had been denouncing as regards disappearances and massacres taking place in Peru. This is why I would My country is one in which more than 50 like to ask President Carter to help us with this percent of the people live in rural areas, and part, demanding that Peru, specifically President they are the victims of violence. Toledo, should declare his support regarding the commission’s final report, because it has been several months since the report was made public, my country, the Fujimori government used repre- and to date President Toledo has said nothing hensible methods in an effort to do away with a regarding this report. sector of our population — the most marginalized Iscra Chavez is a lawyer who founded and serves as the executive sector, the most discriminated against, whether for director of the Association for Life and Human Dignity, which is racial, cultural, or linguistic reasons. Seventy-four part of the National Human Rights Coalition of Peru, an organization dedicated to the defense of suspects accused of terrorism. In percent of the victims identified by the Truth 2002 she was part of the Truth and Reconciliation Commission of the South Andes, with jurisdiction in Cusco, Puno, and Apurímac.

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SANDRA CARVALHO (BRAZIL) I work in Brazil with a nongovernmental organiza- To show that we are not enemies of the state, tional called Global Justice. Global Justice has we should find a way to show our solidarity worked for the protection of human rights and when it counts. We must remind ourselves of with the documentation of human rights viola- the human side of the work we are doing. tions around the world. One of the greatest problems that Brazil is facing these days is the When Curt Arnson from Israel invited representa- criminalization of social movements, especially tives from the United Nations and other human regarding those who are active in raising awareness rights professionals to attend the Israeli High about violations against peasants. Those who lead Court’s hearing concerning the case against the movements in the effort for agrarian reform have separation wall, it gave me an idea. What if 40 of been condemned as supporting or as being leaders us here could be present from 40 different countries of organized crime. Another great problem that — that would be a very strong stand. We have net- Brazil has been facing is that those who have been works and, more or less, cooperation among human denouncing the violations of human rights of the rights organizations. But sometimes with all the police and the government have had their lives work we are doing, we forget the spirit of solidarity estimonies T threatened. among human rights defenders. Sandra Carvalho raises awareness of human rights violations in I just wanted to underline that we are human Brazil through the national and international press. She served as beings, and although we are helping victims of the executive secretary to the Commission on Human Rights of human rights, very often we are victims of human the São Paulo Legislative Assembly from 1997 until September 2000. Carvalho later directed media operations for the first World rights violations ourselves. I think the best way of Social Forum, held in Porto Alegre from January 25-30, 2001. showing solidarity is by being together when something happens to one of us — not just by writing letters to the authorities, lobbying, and all the One of the greatest problems that Brazil is rest, but being there physically — it counts some- facing these days is the criminalization of times. It makes a difference and especially in these social movements, especially regarding those times when we are again, after many years of strug- who are active in raising awareness about gle, being treated as traitors or enemies of the violations against peasants. state. To show that we are not enemies of the state, we should find a way to show our solidarity when it counts. We must remind ourselves of the OZLEM DALKIRAN (TURKEY) human side of the work we are doing.

We have been addressing the U.N. mechanisms and Ozlem Dalkiran is a member of the Helsinki Citizens’ Assembly how to strengthen them. This is very urgent and and in 1995 helped initiate the first Amnesty International group important, but we may be missing one thing: how in Istanbul. She has been an active member and a full-time volunteer in the AI Turkey office, acting as the chairperson for the last to strengthen international solidarity among the two years and as a media worker/spokesperson from the project’s human rights defenders. All of us are working very inception. Recently she traveled to Baghdad, Iraq, for a month as a member of the AI delegation that was doing research on human hard. Maybe coming from Amnesty International, rights and the law-and-order situation in the country. we are used to counting on international solidarity.

50 THE CARTER CENTER HUMAN RIGHTS DEFENDERS ON THE FRONTLINES OF FREEDOM

ANA MARÍA DÍAZ (COLOMBIA) I work with the Colombian Commission of Jurists, a nongovernmental organization that has worked to promote human rights in Colombia since 1988. My country is going through one of its most difficult moments in its history. The situation has been described by the U.N. Office of the High Commissioner for Human Rights in its 2002 report in this way: “Violations of human rights take place in Colombia in a repeated setting of serious, massive and systematic practices. Infractions against international humanitarian law are also a general- ized, large-scale practice. Political murders,

massacres, forced disappearances, the killing of T

Ana María Díaz estimonies socially marginalized persons, torture, kidnappings and other multiple types of sociopolitical violence be anybody — someone who, in a country where are a part of Colombian reality and have been for there is no justice, can settle his own matters by many years now, including the violence originating making accusations, by falsely accusing others. from an armed conflict that has been ongoing in The informer says, “For me, anyone who isn’t the country now for more than 40 years.” from my town is a suspect. If a vendor goes by At present over 7,000 persons die each year twice along the same street, I call the police right due to sociopolitical violence, but unfortunately, away. If some guy is dressed like a campesino but the present government has not developed a policy doesn’t know how to match his clothes and wears that would reduce this human rights crisis. The a red and green T-shirt and has scratches on his current government’s policy, known as the “demo- arms, I take a look at his waist, because he might cratic security policy,” has only made the situation be a guerrilla. If he has tattoos or an earring, he worse. Among the most serious aspects of the pol- may be a paramilitary.” This is just to show you icy is, for example, the increased involvement of the type of criteria being used by informants, civilians in the armed conflict. The president of based upon which a number of investigations of Colombia refutes the principle of distinguishing innocent persons are underway. between combatants and noncombatants. He has The so-called “democratic security policy” of called upon the civil population to defend the President Álvaro Uribe Vélez has a tendency to state and has said that those who do not want to legalize the paramilitary groups, and conversations be a part of his “democratic security policy” are have begun with these groups regarding a proposal suspects. He has implemented a series of pro- for impunity concerning the crimes they have grams, such as the national informers’ network, committed. He has persecuted not the combatants that seeks to make all citizens informers for the in the military sphere; rather, he has persecuted police. To stress how serious this is, I will read a the civilian population in the cities and at their brief interview with an informer. An informer can workplaces. He has started a series of arrests,

51 THE CARTER CENTER HUMAN RIGHTS DEFENDERS ON THE FRONTLINES OF FREEDOM

The Atlanta Declaration will be a very office, and we hope we can continue to count on valuable and useful instrument for human it. We need for the United Nations to demand rights work in Colombia, especially as we that the government comply with the recommen- work with Congress where draft bills are dations that for many years have been made by being discussed that would be a step back- different bodies concerned with the protection of ward in the area of human rights. human rights in Colombia. It is also important to support the Inter-American Commission and court as mechanisms that have served to address searching people’s homes, phone-tapping with no the human rights situation in Colombia. judicial order, and has ordered massive detentions The Atlanta Declaration will be a very valu- in which areas are encircled, such as a public able and useful instrument for human rights work square or a town, and all those caught in the mid- in Colombia, especially as we work with Congress dle are taken to court. On one occasion in the where draft bills are being discussed that would be province of Arauca, the people were marked with a step backward in the area of human rights. I

estimonies indelible ink. would like to highlight the issue of international T The territory has been militarized, circulation cooperation. In the Colombian case, this is a very has been restricted in many areas of the country, difficult point, especially cooperation between the and a census and registration of the population United States and Colombia. Colombian human has been ordered so that the military has informa- rights organizations have been urging that cooper- tion about people that can be used in arbitrary ation with Colombia should be based on the ways. This tactic has been used in particular to agreements reached at the United Nations. persecute human rights defenders and community Nongovernmental organizations prepared a state- leaders. The president has embarked upon a num- ment for a meeting held recently in London ber of constitutional reforms that tend to roll back regarding cooperation that calls for “…the com- the precious few advances made on constitutional mitment by states to base the search for peace and matters in the country. The idea is to give more security on an integral respect for human rights powers to the military. He wants to give them and humanitarian law, starting with respect for powers to investigate civilians and establish the principle of distinguishing between civilians impunity for war crimes and crimes against and combatants, and for a political solution that humanity. is to be negotiated.” What we need in Colombia is to maintain Ana María Díaz is the investigation coordinator of the those activities that have mitigated the situation Colombian Commission of Jurists, a national nongovernmental somewhat, especially the political and economic organization with U.N. consultative status. She also formerly served as an investigator of economic, social, and cultural rights at support of the Office of the United Nations High the commission. She specialized in judicial institutions at the Commissioner for Human Rights in Colombia. It National University of Colombia. is very important that the office remain there. For us it has been vitally important to count on this

52 THE CARTER CENTER HUMAN RIGHTS DEFENDERS ON THE FRONTLINES OF FREEDOM

HALINA DREBEZAVA (BELARUS) Unfortunately, I have to admit that in a country Unfortunately, millions of people are in that is situated in the middle of Europe, there are despair; they do not complain, they do not cry, gross violations of human rights. There is a dicta- they do not do anything anymore; they just wait torship in my country. The independent judiciary for time to pass. They refuse to react to any events is absent, and there are no independent lawyers. happening around them. And considering this sit- The civic organizations are being shut down, uation, we have to think about the ways we can including human rights organizations that must help these people actively participate in the solu- now conduct their activities underground. And as tion of their own problems. One of the ways you can imagine in this kind of situation, we are would be to inform the citizens of all countries not able to solve the problems of all people coming about the Universal Declaration of Human Rights. to us asking for help. But it is not an excuse not to This kind of information should come

work at all. We have become even more active com- through the U.N. structures because if somebody T estimonies pared to times when we could work legally. comes and just tells about the existence of these rights and also just notes that there are violations of human rights, it is very complicated. But if it Unfortunately, in a country situated in the comes from a well-known organization, the result middle of Europe, civic organizations are will be better. For example, in my country, in Belorussia today, it is evident that the most active being shut down, including human rights group in society is youth. Results from the use of organizations that must now conduct their the book on human rights “Universal Human activities underground. Rights in Pictures” among young people were ter- rific. Children liked it. They talked about the possibilities and ways to protect their rights. I I would like to support Hina Jilani’s idea on would like to support the idea of my colleague the importance of the civil society and its develop- from China who said that the use of TV in this ment — that without a developed civil society we purpose was a great idea. I think we all should will not be able to solve our problems. understand that in our business we should not Unfortunately, today we come when the tragedy overlook the details because if we do not notice has happened. It is obvious that we have to pay them, they might contribute to disorder and lead more attention to the prevention of the violation to the events of Sept. 11. of human rights. The events of Sept. 11 showed Halina Drebezava is chairperson of the Association of Women that the whole world was terrified. Usually, fear Lawyers of Belarus and is engaged in the protection of women’s manifests itself in two ways: either it is through rights, addressing problems of domestic violence and rendering militant force or through submission. free legal aid to needy citizens. She previously served as a legal adviser to youths and adults in the Brest region of Belarus.

53 Testimonies History, Culture, andReligion.” of “Muslim Republics ofCentralAsia: Governance asReflection Princeton University. papercalled apolicy-oriented Heiswriting Group. Crisis HeisnowInternational aresearch fellow at cratic policies? of extremism canbelargely explainedby undemo- st on terror. Thequestion is:Are we achieving more war gainfrom almost everywhere, the but Ithink e where ofextremism can belargely the rise more stability anddemocracy incountries on terror. Thequestion is:Are we achieving gain governments from the war Authoritarian Azizullah Gaziev Fo lessreligious freedoms. liberties, cessation ofother opposition,lessfreedom ofspeechsion ofthe and ofreligiouspersecution individuals,more oppres- today waronterror the Uzbekistan, meansmore democracy,human rights, free market. andthe In zation. Mywork wasrelated issuesof to the Group, organi- nongovernmental aninternational wo two agofrom Uzbekistan my months I hadto flee A Au government’scal ofthe policies. humanrights xplained by undemocraticxplained by policies? ability and democracy in countries where the rise where the ability anddemocracyincountries ZIZULLAH r rk t eign governments today are becominglesscriti- horitarian governments, not onlyUzbekistan, horitarian

as apoliticalanalyst for Crisis International H UMAN G is apoliticalanalyst onCentralAsiafor the AZIEV R IGHTS (U ZBEKISTAN D FNESO THE ON EFENDERS ) T HE C ARTER 54 C he saidatameeting withforeign thepeopleyou reporters.“If of thecomplaints. “Ofcoursethere’s arange ofopinions,” Fo has beenmadefor apeacefultransfer ofpower. then, butasinmostother post-Soviet states, noprovision 2007. There are before murmuringsthat hecouldleave office stitutional amendmenttwoyears agoextending histerm until w base atKhanabadsinceitbecameastagingpointfor the r the government to revamp itsclosedeconomy andrelax its the complaints was striking.TheUnited States hasbeenurging isafraid ofhim.”“Everyone Thevehemence andubiquity of it becameindependentfrom theSoviet Union in1991. Americanallyontheborder ofAfghanistan, since important of President IslamKarimov, whohasledUzbekistan,an economic conditionsandgovernment repression. furiousoutburstsaboutruinous about theattacks set off over thepastfewsurrounding days, countryside questions and instability. here Butininterviews inthecapitaland “the globalactivitiesofterrorism ”thatseeksto create chaos groups. Foreign Minister SadykSafayev of calledthempart Islamic militants,probably withtiesto international terror here inthisstrategic Central Asiannation,were theworkof the suicidebombingsandshootings, which killed42people to wereshe said.“These poorpeople,desperate people,driven “W “W people.” Butthatdidnot satisfyawoman atabusstop nearby. poster government thatsaid:“The expresses thewillof that itwas allto not photograph forbidden after apropaganda 10After having drove decided minutes, off, thepoliceofficers T By SETHMYDANS Uzbeks’ AngeratRulersBoilsOver The New York Times epressive gripasameansofmaintainingstability. ASHKENT, April5,2003 Uzbekistan, ar inAfghanistan2001. Mr. Karimov, 66,secured acon-

ENTER re act.” shesaid.Both thegovernment andforeign analystssay hy hy ign Minister Safayev declined to address thesubstance Asked aboutthewidespread expressions ofdiscontent, Hundreds ofAmericantroops have beenstationedata hates him,”“Everyone saidasaleswoman,speaking The terrorist attacks ofthepastweektold thereal story,

aren’t you takingpictures ofallthethingsthatare wrong?” are you takingridiculouspictures like that?”sheasked. F R NLNSOF ONTLINES F REEDOM Testimonies REEDOM F ONTLINES OF R F They say on television that it’s Muslim extremists,” he Muslim extremists,” that it’s on television say They With 80 percent of the population living in poverty of the population and With 80 percent opposition, or legal political press But without a free in the imam of a legal mosque Abdullayev, Abdulkarim “ could pro- system democratic that a more He suggested two, on his car radio.“One, the buttons He punched ith an interesting refrain. “So you better get up, stand up, get better “So you refrain. ith an interesting ENTER rms called for by the United States and international States the United by rms called for er unpaid wages and pensioners demonstrated in the demonstrated and pensioners wages er unpaid fo ached was playing a calypso song playing was ached — perhaps chance, by C as more on the radio than he realized. The last station he The last than he realized. on the radio as more OPYRIGHT © 2003 BY THE NEW YORK TIMES CO. THE NEW YORK OPYRIGHT © 2003 BY our rights. Don’t give up the fight.” give our rights. Don’t adicalism. ent have emerged. Last year factory staged strikes Last year workers emerged. ent have REPRINTED WITH PERMISSION. C re lenders and has strangled trade by closing its borders for borders closing its by trade lenders and has strangled security reasons. are says what the government discon- signs of social contracting, steadily with the economy t ov demanding their payments. streets Islamic groups, underground turned to people have many normal any violence. “By destroying preach some of which parties political the only opposition groups lay in the country, underground behave to how and know structures have which a vice said Alain Deletroz, these fundamentalist parties,” are an international Crisis Group, of the International president agency. monitoring that eco- acknowledged of Tashkent, the old city at the center people to some young had driven nomic problems r of economic a lot are that there clarify to got said..“But you’ve enough work.” not here, problems economic problems, are though there “Even vide an outlet. in developed are they the way be dealt with to have they people go into Europe he said. “In in Europe,” democracies That kind of with slogans and demand things.” the streets his gave who said a driver here, thing would be unthinkable “Even he said. speak quietly,” first name as Sasha. “People are You talk. Who could be listening? can’t on a bus you think.” what you say to afraid but music. he said. “Look, nothing five,” four, three, it could be that there Or Everything and good.” is happy here w re —w up for went the song. “Stand rights,” your up, stand up for y 55 ARTER C HE T EFENDERS ON THE D IGHTS R UMAN H om hair dresser to nurse to schoolteacher to farmer to to schoolteacher to nurse to om hair dresser Things are terrible here, terrible,” said a welder in a terrible,” here, terrible Things are What can I say?” There has been a deluge of criticism recently from been a deluge of criticism recently has There the economic make Uzbekistan has also mostly failed to Often the complaints began even before any questions any before Often began even the complaints Fr “ Martha an expertthe Asia at Brill Olcott, on Central were,” as they of the regime as scared not are “People

y. lling at the policemen.” Unlike some recent terror attacks terror some recent Unlike lling at the policemen.” anking car can pass, people get out of their cars and begin out anking car can pass, people get epression. The press here is muzzled, genuine political oppo- here The press epression. interviewed think in this way, they have a right to think in this to a right have they interviewed think in this way, wa human rights groups about widespread arrests, torture and arrests, about widespread human rights groups r are groups civil society and independent sition is barred, restricted. severely elsewhere, the bombings in Uzbekistan did not seem indis- the bombings in Uzbekistan did not elsewhere, aimed mostly were They of targets. in their choice criminate at police officers control symbols of government — unpopular attack harsh since a terrorist become increasingly who have people. If the bombings last killed at least 16 in 1999 here were they network, partweek were terror of an international gov- over national resentments tap into to also neatly devised ernment abuses. had been asked. “Go talk to the people at the tile factory the people at “Go talk to — had been asked. employee a hotel said years,” been paid in haven’t they away. quickly walking before — rising themselves repeated the grievances seller, ice cream pensions and salaries, inadequate wages, prices, unpaid of fear. and a climate corruption unemployment, the time all the capital.“And outside Tashkent, small town us that everything is telling is fine, fine, fine, fine. Karimov starving. are him. But people here for fine Children it’s Sure, people Many bread.” house begging for house to go from their names. Others give willing to this were like who spoke come at who said, “They’ll the factorydeclined,like worker, the reason.” know even and I won’t me away night and take said these forthright could Carnegie Endowment, complaints a dictator- regime, be signs of what she called a “decaying of its punch.” ship that has lost a lot “People Washington. interview from she said in a telephone the over been a big change That’s with the police now. argue off so some high- cordon When they the streets past year. r ye THE CARTER CENTER HUMAN RIGHTS DEFENDERS ON THE FRONTLINES OF FREEDOM

VRINDA GROVER (INDIA) On May 1 in one Indian state, some lawyers who I speak from a context that is very often described had been organizing tobacco workers there circu- as an established democracy or the world’s largest lated a leaflet that told of a judgment passed by democracy. What has come up during the last two the Supreme Court of India on the rights of a per- days’ discussions is how fragile emerging democra- son upon arrest. These lawyers were charged with cies are and how under threat these days. I would sedition for simply reproducing and distributing like to draw attention to how even an established that judgment. This is very telling of the times democracy can slide rapidly backward. The war that we are living in. against terror had very direct implications for The other thing that I would like to focus on, India. Not only do we have our own and for which I am very grateful to Dr. Mutunga for version of the Patriot Act, called placing it so squarely in the center of POTA (Prevention of Terrorism the discourse on human rights, is the Act), but there are various other issue of globalization. The highest measures that have been taken number of arrests based on laws like across the country which draw legiti- the anti-terrorist laws are found in macy directly from the war against states where there are struggles for land, forest produce, and water. estimonies terror — the reversal of due process T and fair trial that we see in laws like There is a direct and intimate con- the Patriot Act and POTA. Today nection that the human rights there is a report with the govern- movement must address. ment that proposes to reverse these Also important to mention here is the ascendance of communal standards in the entire criminal jus- Vrinda Grover tice system. So, there are inherent right-wing forces that is happening dangers in the current trend. It insidiously seeps across the world and is not peculiar only to India. into the institutions that have been built over We had a communal massacre in 2002 in which decades. one found that national law enforcement and Nonetheless, I would, of course, at the same judicial institutions were not able to rise to the time completely agree that yes, there are a lot of expectations of people. It was in that context that freedoms in India. There are freedoms of the press perhaps for the first time, the human rights move- and of speech. Within the institution of the judici- ment in the country actually looked outward and ary, one can see the struggle to stay alive and wanted to secure some kind of redress from inter- independent. At the same time, particularly in national bodies such as the United Nations present times, the few successes that one can count human rights bodies. are direct consequences of a very vibrant human Vrinda Grover is a legal activist and researcher based in New rights movement in the country, and if those dem- Delhi. She is the author of The Elusive Quest for Justice: Delhi 1984 to Gujarat 2002, The Making of a Tragedy. She conducted a series of ocratic institutions are to stay in place, the workshops on the issue of security laws in 2002. As portfolio man- vibrancy of that movement is absolutely essential. ager of human security, citizenship, and the law for AMANI Trust, We were told of some examples of how laws she is coordinating a legal aid cell and engaged in research to advocate for an autonomous and professionally competent office of the have been used. I just want to mention one here. public prosecutor.

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DR. ERNEST GUEVARRA (PHILIPPINES) farmer, it was hard for him to see his family suffer and starve. His cornfield was now a battlefield. I want to share with you an excerpt from the chil- One day, despite the risks, he decided to come dren’s storybook “The Velveteen Rabbit” by back to his land and try to harvest some corn to Margorie Williams. In this excerpt the rabbit asks augment his family’s supply of food. When he the skin horse what it takes to be real. left, it was the last time that we would see him. “What is real?” asked the rabbit one day when they He did not return that day, and they found his were lying side by side near the nursery fender. “Does body the day after in a shallow grave with a gun- it mean having things that buzz inside you and a shot wound through his abdomen and hacking stick out handle?” “Real isn’t how you are made” injuries to his arms and back. said the skin horse. “It’s a thing that happens to you It is the story of a 16-year-old boy who was an when a child loves you for a long, long time. Not just evacuee living in a remote evacuation center along to play with, but really loves you — then you become the river. After a 45-minute boat ride along the real.” “Does it hurt?” asked the rabbit. “Sometimes,” river and a 30-minute walk to his house, I met T said the skin horse, for he was always truthful. this boy, lying down with his lower extremities on estimonies “When you are real, you don’t mind being hurt.” makeshift splints made of the bark of a banana “Does it happen all at once, like being wound up,” tree. I thought I was dealing with a simple case, he asked, “or bit by bit?” “It doesn’t happen all at but as I came closer, I realized that this was no once,” said the skin horse. “You become. It takes a ordinary fracture. Five days earlier, this boy went long time. That’s why it doesn’t often happen to people into the river to fish. He wanted to find food for who break easily or have sharp edges or have to be his family because for the last 13 days, they’d not carefully kept. Generally, by the time you are real, received any rations from local government or any most of your hair has been loved off, and your eyes relief organization and they were starving. He drop out, and you get loose in the joints and very promised his mother that he wouldn’t go far and shabby. But these things don’t matter at all because that he would come back as soon as he caught once you are real, you can’t be ugly except to those some fish. But he couldn’t catch any, and he did- who don’t understand.” n’t want to go home empty-handed. He and his My story is not my own. It is the story of so family were starving. He went further upriver, many people that I have met from day to day and determined that he would not come home empty- have been part of my life and have touched my life. handed. He didn’t realize that he was already in To tell of my stories is to tell of their stories. the inner village that was still not secure for civil- It is the story of a 60-year-old farmer who, ians. He would be painfully reminded of this together with his family, evacuated recently from when he heard a volley of gunfire in his direction, their inner village where a battle is ongoing out and a bullet hit him just above the left knee. He into evacuation centers in the town proper where hurriedly rowed his boat and with all his strength, I work. After weeks of continued fighting, they left and made his way home. He was hit by a 50- remained in the centers living in makeshift tents caliber bullet that tore through his flesh and and relying solely on food supplies given to them fractured his bone. When I saw him, he was still by relief organizations and local government. For a all smiles despite the pain and thanked me for attending to him.

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It is the story of the kids that I interact and story is not my own; it is the story of these people. play with in the evacuation centers. During one of My courage, my strength is not my own; it is the our play sessions, we read the kids a storybook courage and strength of fathers and mothers who entitled “War Makes Me Sad.” The book is writ- persevere amidst the chaos and confusion of war ten from the point of view of a little girl who is to provide for their families shelter, protection, sharing her experience during war of having to sustenance, and love. My wisdom is not my own; evacuate, of hearing gunfire and bombings and it is the wisdom of the communities and people mortar shelling, of people getting killed, of fellow who have given me the opportunity to be part of children losing loved ones. While the story is them and experience how it is to face danger and being read, we give the children some materials, peril, how it is to struggle and survive, and how it such as a doll family and wooden toys. We encour- is to hope and dream. My spirit is not my own; it age them to help us tell the story by acting out or is the spirit of the youth, who, despite facing so playing the roles and characters in the story using much uncertainty and hopelessness, still strive to the toys. Every kid started to say the girl in the regain control of their lives and chart for them- story was just like them and that her experience selves a better future. My dream is not my own; was much like theirs. Some shared the fear they my dream is the dream of each and every one of estimonies T felt when they heard the explosions of bombs and you here today, of each and every one who contin- mortar fire or the sound of hovering helicopters, ues to struggle all over the world, the dream of a gunships, and bomber planes — for others, the better world, the dream of peace. grief and sorrow of losing a relative or losing a I hope that each and every one of us here will father or a mother or both. At the end of the seek to understand both the poverty and oppres- story session, one of the kids and his father came sion that is the cause of conflict. Until we up to us. The father said, “I have experienced war understand the violence to the spirit that comes for so many years now. For the past five years I from watching your child die needlessly in evacua- have gone through four major armed conflicts. tion centers, there can be no insight into the They say that this war is for our benefit. They say desperation that leads a peasant to pick up a rifle that this war is the solution; it is the only way that and fight. Only with this kind of understanding peace and development can be attained. I couldn’t will we be able to find lasting solutions. help but ask myself, ‘Then why are we still poor? “I suppose you are real,” said the rabbit. “The Why are we still suffering and why are we experi- boy’s uncle made me real,” he said. “That was a encing war over and over again?’” Then his son great many years ago, but once you’re real, you said, “War is not the answer. War is the problem. can’t become unreal again. It lasts for always.” War is what we should be going against.” These are but a few of the many stories that Dr. Ernest Guevarra is a physician and human rights activist promoting rights, peace, and social development. Guevarra represents make up my story, and these are but few of the International Physicians for the Prevention of Nuclear War and many people whose lives have touched mine. My works as a volunteer doctor in an outpatient clinic with the Medical Action Group, serving victims of human rights abuses and political detainees. He won the Reebok Human Rights Award in 2003.

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well. Unfortunately, we must think that perhaps the U.S. government or at least this administration might be one government that, at least in part, finds it helpful to have the freedom of action that the war against terrorism has afforded it. And, of course, it is also open in terms of scope. Governments can use all kinds of exceptional powers in the name of fighting terrorism. As human rights defenders, we should have two prominent concerns about this. As many of you already have acknowledged, we have experi- NEIL HICKS (U.K. /U.S.A.) ence with wars against terrorism. Many of you

The International Peace Academy held a meeting have been living in localized wars against terrorism T estimonies last week that addressed the subject of this conference but from a governmental point of view. The Singaporean ambassador said that both the United What the U.S. government has done, perhaps Nations and the human rights movement are out unintentionally, in its reaction to the 9/11 of touch and out of date. He said that human attacks is create a new pretext to violate rights groups have failed to appreciate that we are human rights, both for itself and perhaps now in a global war against terrorism and in this even more damagingly for other governments new circumstance that we cannot expect to apply around the world who can claim to be the “old values of human rights.” The more I following the U.S. model. thought about this intervention, the more fright- ening it became. The ambassador did us a service, though, by speaking a truth because this view is for decades. As Martin O’Brien said so eloquently, one which many governments currently share. fighting terrorism with human rights violations as What the U.S. government has done, perhaps a tool does not work. To the contrary, the impact unintentionally, in its reaction to the 9/11 attacks of such a policy will be enormous as compared to is to create a new pretext to violate human rights, the localized demonstrations we have seen in both for itself and, perhaps even more damagingly, Northern Ireland, or southeastern Turkey, for other governments around the world who can Palestine, or Colombia or all of these — all of claim to be following the U.S. model. And, the these places that the world knows are going particular aspect of this, which is so dangerous to through intense suffering. The whole world could the concept of human rights, is that it is open- go in that direction. That is the enormous poten- ended in time and in scope. tial danger that we have an obligation to speak out As Hina Jilani remarked in the conference last against, and I hope we will do so in our declara- Friday, many governments never want the war tion. This is a message that I think we are against terrorism to end because it suits them very uniquely qualified to deliver.

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Our second concern is to recognize that face up to in the post 9/11 environment. First, we human rights standards are being undermined on have responded to the domestic counterterror a global scale — on a massive scale — within the agenda. Both Human Rights Watch and we at the context of this new global war against terrorism. Lawyers Committee, now Human Rights First, We must make some clear demands of states in have created new programs dealing with the our declaration. We must reassert the obligation United States of America and dealing with the of states to recommit themselves to the human many issues that have arisen within this context. rights instruments and treaties which they have We take very seriously our responsibility as human recognized and ratified. We must invite them and rights defenders based in the United States — to press them to affirm that human rights are an take on directly the human rights violations now essential tool in combating terrorism and that being committed by our own government. But sec- fighting terrorism without human rights is a con- ondly, while giving this additional attention and tradiction in terms. And those governments who diverting resources to our domestic concerns, we declare that they are fighting a war against terror- have a continuing obligation to find ways to be ism must be challenged to define their terms. If a effective members of the international human state wishes to claim that it needs special powers rights movement — to find effective ways to sup-

estimonies to combat the dangers of terrorism, it must say port our colleagues, all of you, facing such acute T specifically what these powers are and how specifi- challenges throughout the world. We are committed cally they will combat the threat that they are to doing this. talking about. Special powers must be not open- The U.S. government can be our friend in this ended; they must be reviewed periodically, say area, and we should not lose sight of that. In every six months, so that we don’t get a constant many cases where we have intervened on behalf of state of emergency, as we have seen in many coun- persecuted human rights defenders, we have tries around the world that have responded to sought an ally in the U.S. government, and we terrorist threats. The decision to invoke counter- have found one and very often an effective ally — terror measures must always be an active decision Saad Eddin Ibrahim will probably testify to that. on the part of policy-makers and on the part of There are parts of U.S. policy that give us acute government leaders. It should not be a policy of concern, but there are also elements within the default. That, of course, is the danger, which we government that can be helpful to us in our strug- see in too many countries around the world that gle for human rights. We must oppose that which have been confronting a terrorist threat for we find objectionable from a human rights point decades. of view, but we must not lose sight of the assis- I also wanted to respond to Dr. Mutunga, tance that is still there to be found. specifically with respect to the challenges he Neil Hicks directs Human Rights First’s Human Rights Defender placed on the shoulders of the U.S. human rights Program, which assists human rights advocates who have come movement. There are at least two responsibilities under attack for defending human rights. Hicks supervises overseas missions, diplomatic advocacy, public education, and grassroots that the major U.S.-based, internationally focused lobbying. Hicks also created and runs the new Middle East human rights organizations have been trying to Initiative, a project to assist local human rights defenders in the closed societies of the region.

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JARIBU HILL (U.S.A.) (A performed reading.) You don’t have to leave home to see acts of terrorism. You can stay right here. You can stay right here to see Klan terror, drive- by shootings of black people in Pillion, S.C., in 1992 — to see nightrider church bombings and burnings in the 90s and 2000s. You don’t have to leave home to see human rights abuses. You can stay right here. You can stay right here. You T can stay right here to see slav- estimonies ery, crimes against humanity in U.S. sweatshops, catfish plants, North Carolina hog farms, fruit and vegetable fields, migrant camps, border To see suspicious prison jail deaths, chain patrol, guest workers — expendable, forced to gangs, beatings, murder under the color of law, return home to terror, poverty, and death. Haitian you can stay right here and remember Yussef refugees washed up on the shores of Miami down Hawkins, Amadou Diallo, Michael Griffin, the street from Disneyland. Michael Stewart. You don’t have to leave home to You don’t have to leave home to see terrorism. see worker oppression, nooses around black work- You can stay right here. You can stay right here and ers’ necks, sweatshops, and camps. You don’t have remember Cynthia, Carole, Denise, and Addie Mae, to leave home. You can stay right here to see who will never be prom queens, lovers, wives, mom- extreme poverty: not in India, Africa, or the mies, doctors, authors, lawyers, or poets. All of that Caribbean but in Johnstown, Miss.; Atlanta, Ga.; went up in smoke in a Birmingham church. You can South Bronx, N.Y.; Harlem; Germantown, Pa.; stay right here and remember 20th and 21st century Philadelphia; Miami, Fla., to see no solution. lynchings in the U.S.A.: Emmett Till in 1955, Dehumanizing welfare deform, gentrification, Raynard Johnson in 2000, Nicholas Naylor in 2003. urban removal, infant mortality rates higher in You don’t have to leave home and travel abroad to Harlem, N.Y., than those in Bangladesh. You see human rights abuses and death trap prisons and don’t have to leave home to see death-squad style jails. You can stay right here and remember Andre killings at the hands of those sworn to protect and Jones hung in the Simpson County jail in 1992; to serve: Eleanor Bumpers, 1989. You don’t have Cedric Walker hung in the Parchman, Miss., peni- to leave home to see human rights wrongs. You tentiary in 1992; Marcus Malone hung in the can stay right here in the good old U.S.A., land of Mosspoint jail in Mississippi in 1999. the free, home of the brave, and remember Juan

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Milagros María never made it across the border ‘We’re gonna do it anyway, we’re gonna do it and never returned home. You can stay right here. anyway.’ You can stay right here. Cause there’s something inside so strong, and (singing) The higher you build your barriers I know that we can make it. the taller I become. Though they’re doin’ us wrong, so wrong, The farther you take my rights away the faster thought that our pride was gone, oh no. I will run. For all of us. Something inside so strong. You can deny me. You can decide to turn “My Country ‘Tis For Thee” your face away. Written and Performed by Jaribu Hill No matter — something inside so strong, and I know that we can make it. My country ‘tis for thee, Though they’re doin’ us wrong, so wrong, Dark land of slavery, thought that our pride was gone, oh no. For thee I weep. Something inside so strong. Land where the slave has sighed, And where he toiled and died, estimonies The more you refuse to hear my voice the T louder I will sing. To serve a tyrant’s pride — You hide behind walls of Jericho — your lies For thee I weep. will come tumbling. From every mountain side, Deny my place in time, you squander wealth Upon the ocean’s tide, that’s mine. They call on thee. My light will shine so brightly it will blind Amid thy rocks and rills, you. Thy woods and templed hills, ’Cause there’s something inside so strong, and I hear a voice, which trills — I know that we can make it. Let all go free. Though they’re doin’ us wrong, so wrong, Jaribu Hill is executive director of the Mississippi Workers’ thought that our pride was gone, oh no. Center for Human Rights in Greenville, Miss. She devoted much of Something inside so strong. her earlier life to activism and song, later undertaking legal studies and becoming a civil rights attorney. Shortly after earning her law The words come from a brother from Nigeria degree, she organized the Southern Human Rights Organizers’ Conference in Miss., which led to the establishment of the named Labi Siffrey who had to go into exile from Southern Human Rights Organizers’ Network. his own country when he announced to the world that he was an openly gay man. Brothers and sisters, when they insist we’re just not good enough. When we know better just look ’em in the eyes and say,

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HAMEEDA HOSSAIN (BANGLADESH) We are discussing here the need to win the war Insecurity for human beings has been there against extremism. There is sometimes confusion long before the twin towers were attacked. around the word “extremism.” We must ask our- Houses are being demolished in Palestine selves what we are trying to address. The and Kashmir, every day, and yet we have not conditions of extremism, in one sense, existed for woken up to that. ordinary people long before 9/11. And for most people, this is the excessive power of states and what they represent. States do not necessarily represent the interests of the people. In fact, they are that region. It is difficult to arrive at solutions or moving away from representing the interests of the suggestions for the whole world. There are various people and toward arbitrariness, which has been other initiatives also within different regions. there before 9/11. Insecurity for human beings There could be cooperation between the various

has been there long before the twin towers were regional fora and a centralized policy forum. T estimonies attacked. Houses are being demolished in In the course of our discussion, we should not Palestine and Kashmir every day, and yet we have forget the problem of the military industrial com- not woken up to that. So I ask, “Are we addressing plex. This is now the main contributory factor to the needs of security for ordinary people or are we even the kind of violence that has arisen in the saying that in one country something has hap- world, and it is also influencing the policies taken pened so let’s wake up to it?” by many countries. Another point is that if we discuss the need to Hameeda Hossain is the founding director of Ain o Salish strengthen the rule of law, we have to be careful. Kendra, a legal aid and human rights organization. She has written What if you have laws like the Patriot Act that extensively on women’s rights and gender equality, migration and trafficking, violence against women, and women factory workers, contain troubling elements from a human rights whom she has helped to organize. perspective, do you want to strengthen the rule of law in those cases? So perhaps we need Reebok’s Shalini Nataraj with Hameeda Hossain to be much more direct in saying what we are for and what we are against. Getting back to the policy forum, I support the idea. I hope that it will be flexible and not necessarily be limited to just one meeting a year because then that just ends up with sharing experiences — they tend to repeat themselves. If you have a policy forum based in the United States, perhaps it would be a good idea to decentralize proceedings, because each region has very specific problems particular to

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RANA HUSSEINI (JORDAN) I am a journalist from Jordan. I have been work- To compound the problem for women, it feels ing for the past 10 years on violence against as though, living and working in the Middle East women — mainly women who are killed by their following the September 11th attacks, the focus families in the name of honor. I was excited when has shifted from women’s issues to trying to I was invited to this conference because I live in a restore the image of Arabs in the world. So, my country surrounded by boiling events, as they say. request is for The Carter Center and U.N. offi- In our region, we felt that after the September cials to help us with our work to continue promoting women’s rights — with my cause, of course, to address the issue of women who are killed in the name of family honor. Of course,

There are many, many ways that women are suffering in the Middle East. My request is estimonies T for you to remember us in this larger struggle for human rights defenders and to keep fighting with us.

these crimes happen, not only in Jordan, but in other countries as well. And there are many cases where women suffer. In Egypt there is female geni- tal mutilation. In Kuwait women still cannot vote. There are many, many ways that women are suffering in the Middle East. My request is for you to remember us in this larger struggle for human Rana Husseini rights defenders and to keep fighting with us. Rana Husseini is a journalist and women’s right advocate who 11th attacks there was an inaccurate image of wrote a prize-winning article in the Jordan Times five years ago that Muslims and Arabs. Whatever negative things shattered a conspiracy of silence to tell the story of “honor happen, they easily are attributed to terrorist killings.” She reported that these killings actually account for the majority of murders in her country every year. She received the Arabs. I felt that I needed to be here in order to Reebok Human Rights Award in 1998. gain experience and maybe hear your opinions about how we can change this image that’s been haunting us Arabs for many years, especially after September 11th.

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HAUWA IBRAHIM (NIGERIA) I come from Nigeria, Nigerian government to respect its international where I was the defense obligations; they have signed these treaties so they attorney for Amina must be called upon to respect them. The United Lawal, a young lady Nations should not be passive. who was sentenced to As human rights defenders, we work within death by stoning for the the system. We work with the mullahs. We work alleged crime of adul- with the traditional leaders who did not even tery under an extreme want us to be educated or to speak, which is the interpretation of Shariah law. Amina was acquitted, same tradition up to today. But we work within but the consequences of her case may be far-reach- that system, though it is not easy. ing. I want to speak a little bit about the strategic

A couple of weeks ago, we got a judgment in T importance of Nigeria. When I heard the repre- favor of Amina. She is one out of 47 cases that I estimonies sentative from Afghanistan speak about the Taliban, am handling pro bono. I have hundreds of cases. it made me think about the dangers of religious The world is looking to us, so we must set prece- extremism in my country — it is dangerous for the dents. The law itself permits discrimination, region and for the world. though it is not permitted under international Nigeria has a population of 132 million peo- standards. Today it is the law in Nigeria that preg- ple. We cannot afford to allow it to be unstable. nancy alone is conclusive proof of adultery. This What concerns me is that some from Africa may cannot be found in U.N. treaties. Everybody shall take the wrong lesson from Amina’s case. I have be equal. Today women are not equal in my coun- heard some from Cameroon, Benin, and even try. We cannot encourage that. We cannot see Mali saying, “If you succeed in this case, we are them — the extremists — turning into the Taliban. going to try Shariah law.” This is the wrong inter- We cannot afford that, as they are too many. We pretation of the Shariah. The international are going to make the world fabric unstable. They community must stay engaged in Nigeria, as go from house to house to knock and say, “Come should the U.N. Commission on Human Rights. out, you have no husband, and you are pregnant,” The commission should not only monitor but and that’s conclusive proof. We hope that the should also become active on the ground. I come world community hears our cry, within many from the northern part of Nigeria where it is pre- cries, to come to the aid of Nigeria to stabilize a dominantly Muslim, but we also have Christians. region and stabilize the continent. But most importantly, we have a constitution. Hauwa Ibrahim served as defense counsel to Amina Lawal. Nigeria is a signatory of international human From 1989 to 1996, she served as prosecutor and defense counsel rights treaties of the United Nations. We want the for the Ministry of Justice in Bauchi state in Nigeria and was pro bono defense counsel to more than 40 Shariah-related cases since United Nations to be active in pressing the 1999, including 15 adultery cases and 32 theft cases with the penalty of having limbs removed. She also drafted the constitution of the Pan African Lawyers Union.

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IVAN IVANOV ULGARIA (B / has sometimes reached 90-100 percent, creating a UNGARY H ) burden for the state budget. I would like to speak This morning you heard about walls that sepa- about a people with- rate communities. This is something you can see out a state, a nation in many countries in Central and Eastern Europe without a territory, where Roma ghettos are segregated by walls to the Roma people hide the misery from the world outside. There is who are known in segregation in the hospital maternity wards and in this part of the schools. Roma children in the Czech Republic world as gypsies. and Slovakia are sent to special schools with cur- There are about 8-9 million Roma residing in dif- riculum designed for mentally handicapped ferent countries around the world, mainly in children. This is the same situation now in Central and Eastern European countries. They are Bulgaria, Romania, Czech Republic, Slovakia, and minorities everywhere in the world. We have been Hungary. They have no access to restaurants, bars, talking about terrorism, but there are two types of pharmacies, and supermarkets. Ill-treatment upon estimonies

T terrorism. Roma people live in countries where arrest or in detention is very common. After there are no wars, no conflicts, no occupation, no September 11th, the war against terrorism some- authoritarian or totalitarian regimes, but they face how legalized police brutality against Roma terrorism in their everyday lives. The type of ter- people. Roma are more likely to be arrested than rorism that connects more or less to the events of members of the majority. The only argument of September 11th was never before considered as a the police officials is that the Roma are the same real danger in this region. color as the terrorists. The Roma people throughout Europe are reg- Roma do not want special rights. They want to ularly subjected to violence and other forms of be treated equally. They want the international abuse by law enforcement officials, ranging from human rights instruments signed and ratified by insults and arbitrary arrest to severe physical treat- these countries to be enforced equally for them. ment, sometimes resulting in death. They also are International pressure has more effect than the subjected to racially motivated violence by so- domestic judicial system and other instruments. called skinheads — Nazi-oriented gangs that attack Yesterday we discussed the importance of relying Roma everywhere that they exist as a group. Roma on domestic courts, but in our case we cannot women are subjected to cursory sterilization remi- expect too much from the domestic courts. Only niscent of the [European] Holocaust. Roma international pressure will result in effective imple- families tend to have more children than non- mentation of international human rights treaties Roma families, so there is a fear of Roma on a domestic level. becoming the majority in 20-50 years, leading the Ivan Ivanov is an attorney with the European Roma Rights authorities to establish harsh practices to prevent Center in Budapest, Hungary, which monitors the human rights this. There is widespread discrimination, and the situation of Roma and provides legal defense in cases of human rights abuses. Ivanov is also the chairman of the Bulgarian percentage of unemployment in this community National Human Rights Project.

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TANYA LOKSHINA (RUSSIA) used to be typical for Chechnya only is now Listening to the interventions of my colleagues expanding to the rest of the country and particu- with regards to the situation in Palestine, I could larly to the wider region of the Northern not help but speak up, because there are certain Caucuses. For example, the “sweep-up” operations very drastic similarities with regard to the human are now not only in Chechnya but also being car- rights situation in Palestine and Chechnya, or the ried out in the neighboring Ingushetia. Chechen Republic of the Russian Federation, as it At the start of the second war in 1999 and is appropriate to call it. The similarities are quite 2000, the attention of the international community drastic. There are also major differences — one of and of Western democracies was to a certain them being that while the attention of the international community and that of the media has been drawn to

Palestine, Chechnya remains T estimonies a forgotten region. This is despite the fact that the situation there has not changed for the better. Chechnya is a very small territory like Palestine. It is about 15,000 kilometers, and the population of the region has gone down from around 1 million to approximately 600,000 people, so many having fled Tanya Lokshina the war. The war, now bordering on genocide, has extent focused on the region. However, 9/11 been going on for 10 years now with a very small changed everything. As soon as the Russian gap between the two military campaigns. There Federation became a partner of the struggle are major violations of human rights and humani- against terrorism, Chechnya was forgotten. It was tarian law. The Russian Federation is fighting the very significant in this respect that in the spring of war under the label of an anti-terrorist operation, 2002, the U.N. Commission on Human Rights which I think is particularly important for our dis- failed to pass a resolution condemning Russia for cussion today. There is total arbitrariness of the its actions in Chechnya, though the commission military and of law enforcement. There are mass had done so in 2001 and in 2000. Now, with the executions, torture, murders, and disappearances, presidential elections, the Russian Federation probably one of the biggest problems in Chechnya claims that the situation in the region is totally these days. The phenomenon of using the label of stable — that things are getting back to normal. the war against terror to fight an internal war that But in fact, there is an escalation in violence.

67 Testimonies to t st abalancebetweencan find andthe human rights Chechnya today Russian andhow the Federation number ofquestions aboutwhatishappeningin F Russian ofthe report periodic fifth ined the U HumanRightsCommitteedebate ofthe inthe r national protest against what’s happeninginthe world.attention inthe to There that isnointer- law. andhumanitarian human rights There isno to f t Chechnya? the point that Itisevidentatthis tional communityback to what’s happeningin comment onthat. Russianance, the delegationwould not even st international ofthe asmerely part was described what’s happeninginthe region any longer. protestThere isnointernational against There tothat inthe isnoattention world. law. andhumanitarian tions ofhumanrights order tojustify awholerange viola- ofblatant f isusedinorder against to The fight terrorism ight awarinRussia’s andinorder own territory he Russian delegation were farfrom satisfac- very hings that are happeninginChechnyahings that actually egion any longer. ight awar andin inRussia’s ownterritory ederation. The committee experts askedederation. Thecommittee quite experts a r r nited Nations, committee hasjust asthe exam- ry

uggle with terrorism. Theresponses given terrorism. uggle by with uggle with terrorism. As far as finding abal- Asfarasfinding terrorism. uggle with justify violationsof awholerange ofblatant It was very important, I think, to follow Ithink, the important, It wasvery The fight against terrorism isusedinorder against terrorism toThe fight How can we get interna- attention ofthe the . Everything that ishappeninginChechnya that . Everything H UMAN R IGHTS D FNESO THE ON EFENDERS T HE C ARTER 68 Helsinki Group called“HumanRightsin Russian R Moscow ofthe issues,includinga series humanrights tions onvaried of IndividualRights.” oredited Shehaswritten numerous publica- TACIS-fundedHelsinki Federation onthe project “LegalProtection International ofthe expert long-term Helsinki Group andisthe ve t way. toa completely arbitrary Ifwe give floor the state in caught upby actionsofthe heavy-handed lawyers andactivists butalsolay peoplewhoare could includenot onlydefenders like uswhoare tims” forum. Thiscomponent larger forum ofthe likecan organizesomething a“voices vic- ofthe make someimpact publicingeneral, we onthe are ready to give own Inorder rights. uptheir to forple are sake soafraidthat, the ofsecurity, they creates insociety. ambienceofterror the Andpeo- for war.port this Thewaragainst itself terror t about publicopinion.Apparently ina contest of wenumber onetarget group, shouldnot forget decision-makersmakers are andthe generally our q important itisavery terrorism; joint struggle with much interested inRussia’s inthe partnership t can we get back infocus, that factthat despite the ple ofyears hasincreased tremendously. So,how Russian inthe Federationpast cou- inthe attacks numberofterror becausethe breed terrorism T canattractsomepublicity.organized, andthat andaspecialconferencebooklet onthat canbe general public.We the with candoabookor t I then flashy, very butsomething of reporting hose victims and if we publicize their storieshose victimsandifwe ina publicizetheir he waragainst terror, isalot there ofpublicsup- he communitiesofWestern democraciesare very hink that we canactuallyachievehink that somesuccess anya Lokshina C uestion that weuestion shouldaddress. that ry ENTER Re

media-friendly fashion, not in the usualtype fashion,not inthe media-friendly F garding the policy forum, while the policy- policy forum,garding while the the R NLNSOF ONTLINES is the executiveis the director Moscow ofthe F REEDOM egions.” Testimonies REEDOM F is executive director of the Myrna Foundation, director Mack is executive ONTLINES OF R F I would like to speak also from the speak also from perspective to like I would President Carter Prize and otherPresident win- Nobel ENTER ez Esquivel, Oscar Arias, and Rigobertaez Esquivel, r rgetting about the in human being, as such, rgetting AS should strengthen also all of theseAS should strengthen interna- C hat we be given a little bit of hope. Many of us a little bit of hope. Many be given hat we hat almost all of the countries have signed inter- all of thehat almost countries have that the no mechanisms oblige to states are here as — people such at thehe same project OAS he United Nations in carrying Nations The he United out reform. esponsible for the death of her sister. Mack’s tireless efforts tireless have Mack’s the deathesponsible for of her sister. he Guatemalan civil war and was assassinated in 1990 by military by in 1990 civil war and was assassinated he Guatemalan Menchú could supportMenchú the strengthen and Inter- rights human protection American Commission’s system. human rights violations, suffered of those who have t that in a struggle has consumed exhausted already are us and that at the has remained political level, fo his and her essence. Helen Mack AmericanCommission made a visit and has issued reports. The Inter-American Court has but Peru, human rights cases from it four before been imple- have none of its recommendations be progress do consider it to While we mented. t national human rights agreements and treaties, t this I would From perspective, these a reality. make support to initiative Blanco’s support to Mr. like t O mechanisms. tional human rights protection as the Mandela ners such Dalai Lama and Nelson Nations, could support of the the United reform do it. Nobel will not because on their states own, Prize the winners from Americas carry could out t Pé an organization dedicated to defeating impunity and defending impunity defeating to an organization dedicated Myrna,social was a sister, human rights Mack’s in Guatemala. the of people displaced by who studied anthropologist problems t those bring justice sought to has since to commandos. Mack r harassment, persecution, and deathled to threats. 69 ARTER C ) HE T ACK M oday. It is oday. TEMALA EFENDERS ON THE he strategic jour- he strategic he strategies we he strategies UA D mcharan invited us invited mcharan t t ELEN

till Cold War aspects till Cold War H (G refer to like I would to to ney that Mr. Ra to take t true that there are s must employ, such as such employ, must IGHTS R UMAN have used all the human rights instru-have H

We hink that military can be demo- governments t

he Central American these region, elements still it was of fighting terrorismhe excuse — before of communism that genocide, led to he fear han 90 recommendations; fewer than 20 percent fewer han 90 recommendations; the human rightshe president, threat against linking human rights the to issue of development. this it worriesFrom perspective, me that at least on the Latin Americanespecially in continent and t gone persist and human rights have violations agencies, The intelligence unpunished. entirely the define still who are internalwhich enemies, theirto way a new alternative been given not have they commit violations with of thinking. Today t t and disappearances. Hina executions, extrajudicial Jilani was right when she said it is a contradiction to cratic governments because it is thecratic governments military that undermines democratic institutions. come to special rapporteursments. Several have The rapporteurGuatemala. on the Independence has come twice, made more and Lawyers of Judges t been implemented. of these have recommendations After her briefing with year. Hina Jilani came last t The Inter- percent. 100 by increased defenders THE CARTER CENTER HUMAN RIGHTS DEFENDERS ON THE FRONTLINES OF FREEDOM

OMAR MESTIRI (TUNISIA) I am the secretary-general for the National Advisory I decided to speak for two reasons. The first for Freedom in Tunisia. It is an unauthorized organi- reason is that I think that nothing is irreversible; zation, whose activities have been subjected to great nothing has been definitively accomplished yet. I persecution. Our goal is to combat impunity, espe- think that human rights could be threatened even cially impunity for torture. In our country, the in Denmark if we are not vigilant. The second rea- system has been in violation of the law: Citizens son that pushed me to intervene is that, in this who exercise their rights are criminalized; those era of globalization, there is an interdependence — an interdependence to advance human rights or an interdependence to reverse them. What distinguishes our country is that My country, Tunisia, is in a depraved system, a torture occurs in the very rooms where the sophisticated system of oppression. It is a country Universal Declaration of Human Rights is that has been eager to sign all the international hanging on the wall. Any tortured person treaties and which tries to follow, rather, pretends can attest to that. to follow all the correct methods. But there have been no open and free elections since 1956, since estimonies T 47 years ago. There is no system, and all the elec- who attack their freedom are guaranteed impunity. tions result in victories of 99.25 percent. It is a We are an Arab country, and since our independ- country where the practice of torture is widespread. ence 47 years ago, violence has been, by and large, What distinguishes our country is that torture an act of the government. For 16 years, during the occurs in the very rooms where the Universal fight against terrorism, which has never really Declaration of Human Rights is hanging on the existed in our country, our government has limit- wall. Any tortured person can attest to that. It is a ed freedom. We are persecuted because the country where advocates and young people who try government considers us to be accomplices to ter- to enter chatrooms are arrested and convicted. The rorists. So, we work in a very difficult situation, problem is that the people of this country are part but we have been able to continue our work with- of an amicable regime. In 2002, our president, who out pause because we are determined that our should have left office at the end of his term, citizenry take advantage of universally according to the constitution, amended the consti- recognized freedoms. tution to perpetuate his exercise of power so that It is difficult to speak after hearing the dread- he can be president for life. He also has modified ful picture of the situations in Palestine, the constitution in a way that gives him impunity Afghanistan, Chechnya, and Colombia. I come for life for all of his official acts. The position of from a country where there is not conflict, where the U.S. Department of State is that there is no there is an important middle class, where there is way to formally object to these actions — that the political stability, where women’s rights have been procedures were followed. But Tunisian citizens are recognized for nearly 50 years, where there is a tra- not voicing their opinions. dition of trade unions.

70 Testimonies REEDOM F has end the to of individuals torture worked ONTLINES OF R F In conclusion, I want to highlight one thing:In conclusion, I want to ENTER answer these questions. I don’t think any mech- think any I don’t theseanswer questions. 4. In 1998, he also co-founded and became the secretary-general he also co-founded 4. In 1998, ough the Tunisian League for the Defense of Human Rights the Defense League for ough the Tunisian

morrow. For these must I think For reasons, we morrow. 9 r C uestion I pose is this: Why do thethis: I pose is government uestion Why ules when it has to do withules when it has to business and finan- hat can feed the illusion. True, in Tunisia, we do we in Tunisia, the illusion. True, hat can feed he project “Campaign for the Eradication of Torture.” Mr. Mestiri Mr. the Eradication of Torture.” for “Campaign he project anism can work if there are not sanctions – the not if there are anism can work everywheresame sanctions in effect when there violations. are Omar Mestiri th actions can have resonance or else it is extremism resonance actions can have t terrorism, or it has been very have marginal, yet not what the judge situation will be cannot but we to methods. some surefire adopt necessary a the lack implement power to Do we of political will? The method, or is it a lack precise q and the international community arrive at precise r human rights?cial transactions but not And why surface of efficiencydo a lack of power and lack you like human rights?when it comes to I would to International section of Amnesty since and the Tunisian since 1981 19 manages which Liberties in Tunisia, Council for of the National t forces, state from constant and repression harassment has endured including deprivation of his passport, police surveillance, and hav- lines cut and interrupted.ing his phone lines and Internet 71 ARTER C HE T EFENDERS ON THE D IGHTS R garding this How garding double standard: UMAN re

H w, What is the way for our people to fulfill our people to their for What is the way The problem is that we have leaders like Mr. leaders like is that have The problem we No ashington, London, hundreds of thousands. of London, hundreds But ashington, ood. Can defenders of human rights have a rights of human ood. Can defenders have ights, and in an Arab country our situation is very hat governs us does not have any future. That is future. any have us does not hat governs be difficulthink this would and that there are hat this reflects double standard racism. hat, in our country, we are defenders of human defenders are hat, in our country, we in our land protest he people who deeply want to he same way everywhere. And here I want to say I want to everywhere. here And he same way r of aspira- thedifficult. same level Our people have know, tion as every You other people in the world. see all the we media; we because of globalization, the against war in Iraq in see the protests W mistreated, the They are against war in Iraq cannot. else. And thisbeaten. is unacceptable anywhere normal I think and valid dreams? that the regime t under- not have still governments what Western st Can schools? in our country?future have we Can I resonance? have our values and our speeches t Either alternatives. our discourse and our two t t Chirac, Mr. Berlusconi, Mr. Aznar, who think Aznar, Mr. Berlusconi, Chirac, Mr. I find a bit And here everything is OK in Tunisia. of racism, because it seems normal these to lead- or debate press no free have our people to ers for censorship. I think to subjected and that are we t of rights possible is not Exercise react? should we as long as those these who threaten rights, those who commit the all punished in crimes, not are t can feed the illusion. the can feed Either our discourse and our actions can our discourse and our Either that else it is extremism or resonance have THE CARTER CENTER HUMAN RIGHTS DEFENDERS ON THE FRONTLINES OF FREEDOM

The Washington Post regional center for its Middle East Partnership Initiative, a pro- By Neil Hicks gram to promote democracy and political reform. The February 16, 2004 announcement provoked a hollow laugh from Tunisia's belea- guered democrats and reformers. Our Friend the Autocrat Powell indicated at his news conference in Tunis that President Bush would want to discuss political reform and open- President Bush will have an opportunity to put his "forward ness in Tunisia during his meeting with President Ben Ali in strategy for freedom in the Middle East" into practice this week Washington. There is much to talk about. Independent organiza- when he meets with Tunisian President Zine Abidine Ben Ali at tions monitoring human rights such as the National Committee the White House. for Civil Liberties in Tunisia and the International Association to President Ben Ali is an unreconstructed autocrat who runs Support Political Prisoners have been denied legal recognition. one of the most repressive police states in the Arab world. He Their activities are habitually banned or broken up by the police, was "reelected" to a third five-year term by better than 99 per- and their members are harassed and subjected to intrusive sur- cent of the vote in 1999. In 2002 the ruling party called a veillance. Human rights leaders are subjected to sustained referendum in which it claimed that more than 99 percent of governmental harassment. Their careers are destroyed; mem- the voters favored allowing the president run for a fourth term bers of their families are threatened; they are arbitrarily banned and granting him blanket immunity from prosecution, even after from foreign travel; their telephone lines are cut or interfered he leaves office — assuming he ever does. with. Periodically they are imprisoned. President Bush has pledged that "when the leaders of Zouhair Yahyaoui, who published an independent Web estimonies T reform ask for our help, America will give it," and he has said magazine, Tunezine, was sentenced in June 2002 to 28 months that America is "expecting a higher standard from our friends" in prison for "putting out false news" and "unauthorized use of when it comes to upholding liberty. These are fine words, but the the internet." He spent 15 months in jail. The Internet is strictly champions of liberty in Tunisia will be expecting little from their censored in Tunisia, as are local broadcast and print media. president's visit to Washington. The Tunisian government, on the Zouhair Yahyaoui incurred the wrath of the government by pub- other hand, will be expecting further affirmation of its position as lishing a memorandum by his uncle, Mokhtar Yahyaoui, at that a U.S. ally in the war against terrorism. In short, it will be expect- time a senior judge, who criticized the Tunisian government's ing business as usual, with Washington turning a blind eye to undermining of the independence of the judiciary. Mokhtar persistent violations of human rights in Tunisia and the brutal Yahyaoui was removed from the bench for voicing his opinions. gagging of peaceful dissent. For years the Tunisian government has justified its repres- It is vitally important that the Bush administration find a sive ways as being necessary to hold back the tide of militant way to show it is serious when it claims to have a new approach Islamic extremism. It points to neighboring Algeria as an exam- to the region, especially in its dealings with such repressive ple of how things could go wrong. But Tunisia is not Algeria and allies as Tunisia. Otherwise, the long suffering of the region -- "a never was. If democracy and human rights cannot make place of tyranny and despair and anger," to quote President progress in commendably literate, comparatively prosperous, Bush -- will continue, with ever more of the blame attaching to ethnically and religiously homogenous Tunisia, then they are the United States. To follow the administration's logic, this unlikely to make progress in other Arab countries, all of which would result in it producing more "men and movements that are wrestling with much greater challenges. threaten the safety of Americans and our friends." It is time for the Tunisian government to end its excuses. The indications that we will hear something qualitatively dif- President Bush can prove wrong those who are skeptical about ferent from the administration this week are not good. In his plans to reshape the Middle East by delivering a clear mes- December, Secretary of State Colin Powell went to Tunis and sage to President Ben Ali that his repression of nonviolent praised the "excellent partnership" between Tunisia and the dissent must stop. The writer is international programs director United States in fighting terrorism. A few weeks earlier the assis- of Human Rights First (formerly the Lawyers Committee for tant secretary of state for Near Eastern affairs, William Burns, Human Rights). REPRINTED BY PERMISSION OF THE AUTHOR announced that the United States had chosen Tunis as the

72 THE CARTER CENTER HUMAN RIGHTS DEFENDERS ON THE FRONTLINES OF FREEDOM

RACHLAND NASHIDIK (INDONESIA) I work with IMPARSIAL — The Indonesian Human Rights Monitor, a human rights nongovernmental organization based in Jakarta. The organization has three main programs. First is proposing alternative human rights policy. Second is a program to develop a database of human rights violations and track record of the military. And the last program is building a system to protect human rights defenders. I came here mostly to listen and to learn from this conference on how to maintain T

security and liberty at the same time. A estimonies couple of months ago in Indonesia, the Parliament passed an anti-terrorism law, which has traditional power, based on the idea that the been used to criminalize political dissidents. I police force in Indonesia is incapable of combat- believe that these two types of rights, security and ing acts of terrorism. So, instead of worrying liberty, can be maintained in this era. about the potential abuse of police powers, we There are similarities that many countries are actually endorse training for the police so they can facing now after the introduction of anti-terrorism have capability to combat terrorism properly. We legislation, including the criminalization of politi- find it difficult to campaign on this idea because cal dissent and also the potential abuse of police foreign countries like the United States, for exam- power. But there are also differences. In my coun- ple, prefer to resume military cooperation instead try, it is true that the anti-terrorism law gives way of giving training to police in Indonesia. to the potential of abuse of police powers, but I have to underline something. In 2004, we what makes us Indonesians more concerned is are going to have the first direct election, and the that this legislation has been used by the military military will no longer have seats in the Parliament. and state intelligence body to get judicial powers. So they have a clear intention to maintain political This legislation provides a way for the military and influence using this war against terrorism. So they state intelligence service to get back its traditional are really trying to maintain political influence role of internal security. So this makes our prob- with the political authority. lem different from democratic countries. What we Rachland Nashidik is the co-founder and program director of have struggled for 30 years to obtain, and partially IMPARSIAL – The Indonesian Human Rights Monitor, focused on achieved after ’98, is to push the military away issues of justice, accountability, and democracy, particularly in the troubled province of Aceh. He is also the co-founder of the from internal security and toward working as a Indonesian Association for Legal Aid and Human Rights. Under defense power only. But after 9/11 and particularly the Soeharto dictatorship, Nashidik was forced to live in exile in after the Bali bombing and the Marriott bombing, the Netherlands. the military used this momentum to get back its

73 THE CARTER CENTER HUMAN RIGHTS DEFENDERS ON THE FRONTLINES OF FREEDOM

MARTIN O’BRIEN (NORTHERN IRELAND) It is vitally important that the various arms of the There is conclusive evidence from the Northern United Nations as well as respected figures like Ireland experience and from other situations President Carter articulate the very clear and that sacrificing human rights in the name of strong message that we cannot defeat terrorism by removing the rights of people who live in particu- security does not work — if anything, it leads lar societies. That does not work. The best way to to an escalation in violence. build peaceful societies is to protect human rights. It is extremely important that there is no compro- various U.N. committees and mechanisms, and in mise on that message and that the message is particular the support of special rapporteurs like articulated very loudly and very clearly, as it was Param Coomeraswamy (special rapporteur on the today by Hina Jilani. Independence of Judges and Lawyers). Although I come from a place where there has been a people can often be very critical and dismissive of war on terrorism for very many years, and many of the United Nations, the interventions and the estimonies

T the repressive approaches spreading across the world are ones which origi- nated or at least have been practiced for many years in the place where I live. But there is conclusive evidence from the Northern Ireland experience and from other situations that sacrificing human rights in the name of security does not work — if anything, it leads to an escalation in violence. We as human rights defenders in that situation, had to face speaking up when people who were suspected or so- called terrorists were being Charles Onyango-Obbo (Uganda) with Martin O'Brien denied their rights — we had support of U.N. mechanisms and committees to risk being marginalized and all the dangers that were vitally important in preventing our marginal- accompanied such status. What made it easier for ization, in providing us with security and safety. us was the support of people like Hina Jilani, the This was necessary in the Northern Ireland

74 Testimonies REEDOM F is the co-coordinator of the on theis the Committee co-coordinator ONTLINES OF R F It was quite chilling, for example, to discover to example, for chilling, It was quite ENTER be warmly congratulated that on the initiative ey are going to file proceedings in international in file going to proceedings ey are try to taken bring to some of theseey have con- tting process before they fund interna- decide to before tting process

nited States that actually requires lawyers in this lawyers States thatnited actually requires that heard founda- I have States. Similarly, nited States, and that nited priority. is an absolute dministration of Justice, Northern of Justice, rights leading human dministration Ireland’s C he world, to continue to speak out about these speak continue to to he world, be I imagine thereher marginalized. must in the here now order hat there is an executive Carterhink The Carter are and President Center A nongovernmental organization. O’Brien in was particularly active in the Good historic human rightssecuring protections strong Agreement. Human Rights Award He was a Reebok Peace Friday winner in 1992. Martin O’Brien t do safety in positions of relative issues. If people do this,not those vulnerable will be fur- who are t in this president respect, a former sensitivities for times. exceptional but these quite are t U country a license, as I understand secure it, if to th an amaz- be quite tribunals. me to That seems to in the here on theing restriction legal profession U go throughtions in this a to country have now ve All of these a very things serioustionally. will have countries on effect on emerging democracies and parts in different and on very fragile movements people very encourage I would much of the world. continue. I been dissenting to who have here t to th cerns the to ears in the of policy-makers here U 75 ARTER C HE T EFENDERS ON THE D IGHTS R UMAN H It seems to me, in theIt seems to ahead, it is very times There is also a particular on theThere responsibility her than the proliferation of mechanisms, I of mechanisms, her than the proliferation t N. mechanisms, and it is particularly importantN. mechanisms, nited States and on senior figures like President States like and on senior figures nited ghts defenders to advance that to agenda. ghts defenders he United States and on senior figures States and on senior likehe United will be further vulnerable hose who are hat we work out how to build on them. to We out how work hat we hat we are to some extent on our own, because on our own, some extent to are hat we hink we should focus on building up the ones should focus hink we sup- real and delivering actually working hat are need for the of these strengthening need for mechanisms. Ra marginalized. There is also a particular responsibility on is also a particular responsibility There t an such who has played Carter, President to continue to inspiring world, in the role issues. If people in speak out about these do this, not do safety positions of relative t t as human rights defend- we should examine how supporting to theers lend our voice can best Hina coming from kinds of recommendations Jilani and others within human rights the U.N. the build a consensus around must We system. context in our efforts to move forward to create forward to in our efforts move context to peace. a lasting important that con- the mechanisms various U.N. that concerned I was somewhat roll. play tinue to about the comment that rights human defenders count on international supportshould not and t very supportedcertainly the felt much by I have U. Carter, who has played such an inspiring role in an inspiring such role who has played Carter, t t port. on all of us as human incumbent I think it’s ri U THE CARTER CENTER HUMAN RIGHTS DEFENDERS ON THE FRONTLINES OF FREEDOM

CHARLES ONYANGO-OBBO (UGANDA) The East African November 17, 2003 ast week, Willy Mutunga, executive director of the War on Terror L Kenya High Commission, was part of a team that did the rounds in Washington on a quiet diplomatic Becomes Assault mission. The team had meetings with senior Bush administration officials, influential Washington think tanks, on Freedom newspaper editors, and some of America’s top columnists. by Charles Onyango-Obbo Their mission was to explain how some of the Bush administration’s actions after the September 11 terrorist attacks in New York and Washington have emboldened dictators and strongmen all over the world to copy its estimonies T example and crack down on dissent and abandon the rule of law. Such actions include the decision to hold thousands of foreigners in the United States without charge because they were suspected of involvement or links to terrorists, and the sweeping Patriot Act. A proposed Patriot Act II stipulates that a foreign- born American who is involved in terrorism should be deported back to his or her country of origin. The visit was the climax of a major international human rights conference at The Carter Center in Atlanta. The stories from Central Asia and Latin America about how governments were committing atrocities in the name of "fighting terrorism" were chilling. In India, peasants who were campaigning for land rights were accused of being terrorists and expelled from the land. In Bulgaria, where the vilest form of per-

76 Testimonies REEDOM F is the owner and managing editor for is the and managing editor owner ONTLINES OF R F Ibrahim couldn’t figure out why Mandela had sent Mandela out why figure couldn’t Ibrahim a visibly wisdom helped me survive,” “Mandela’s at the Ibrahim vividly remembered I As I listened, supporting with difficulty, him- walked now Ibrahim ENTER rists and cruel governments) will not triumph. triumph. will not rists and cruel governments) C airobi, Kenya. Onyango-Obbo was the of Uganda’s managing editor Onyango-Obbo Kenya. airobi, UC in the mid-1980s. He was one of the most sought- one of He was UC in the mid-1980s. Charles Onyango-Obbo him a quilt — until he read the book and realised it was the book and realised until he read — him a quilt a symbol that he wished him comfort. After the reading he tried out the tips that Mandela says book, Ibrahim surviveused to amazed how prison life. And he was changed. the attitude of the prison warders much finish his auto- is about to said. Ibrahim Ibrahim moved diaries, so let’s includes his prison which biography, this story. tell him to it to leave A an energetic and had after on the campus professors years than 10 more seen him for I hadn’t bouncy walk. see to shocking It was until the Carter meeting. Center of his health. that prison had taken toll the physical men, the one But as with most such self with a stick. If his mind. was break could not thing the government a few In a world in which he seemed sharper. anything, are if they even can be found, Ibrahim good men like of ter- (in the form evil working out of their wheelchairs, ro © EAST AFRICAN 2003 REPRINTED WITH PERMISSION only independent daily newspaper. He has been arrested several been arrested He has only independent daily newspaper. of democracy and transparent advocacy his outspoken times for times. court than to and has been taken more 120 government media convergence and syndication for the Nation Media Group in Media Group the Nation and syndication for media convergence N 77 ARTER C HE T EFENDERS ON THE D IGHTS R UMAN H The point the team was trying to make was that it is trying was was make The point the team to after last year released a successful was Ibrahim two gifts Ibrahim The ambassador had brought as Mandela’s autobiography, “Long Walk to Freedom.” to “Long Walk autobiography, as Mandela’s eceiving foreign funds for his study centre ‘without per- his study centre funds for eceiving foreign possible to fight terrorism with just laws and within inter- with just laws fight terrorism possible to President Former national human rights standards. “raid.” Carter leading the Washington Jimmy was along with team members of the Among the other is a profes- Ibrahim Saad Eddin Ibrahim. Mutunga was in Cairo sor of sociology at the American University flesh long been a thorn in the He had for of the (AUC). his bold human rights and for government Egyptian to designed in a move In 1999, campaigns. democracy hard years seven to sentenced was punish him, Ibrahim and of Egypt,” “tarnishing the reputation labour for r mission of the government. on the One evening, appeal against his imprisonment. talking about his to round we got the hotel, to bus back the South one day, how, life in prison. He recalled at the prison. The arrived Egypt African ambassador to an ambas- stop couldn’t at a loss, as they were guards seeing Ibrahim. sador from Mandela himself. One old man, Nelson the grand from w a very was The other comfortable quilt. secution continues against the gypsy population, today secution continues on the police jailed by and beaten being are they terrorists.” “look like that they grounds THE CARTER CENTER HUMAN RIGHTS DEFENDERS ON THE FRONTLINES OF FREEDOM

VITALIY PONOMAREV the countries with undemocratic traditions. (RUSSIA /TURKMENISTAN) This poses a serious threat to human rights. The program that I supervise is monitoring the Particularly, I would like to draw your attention to human rights situation in the two most repressive the Shanghai Cooperation Organization. One of countries of Central Asia, Uzbekistan and its goals is to fight terrorism. The members are Turkmenistan. In both countries, there is a repres- China, Russia, and countries of Central Asia. As a sion of dissidents under the pretext of a war on result of this cooperation, we have situations terrorism. In Uzbekistan, it is under the pretext of when people who are being persecuted in China a war on Islamic funda- and Uzbekistan cannot get protection in other mentalists, and charges member counties of the Shanghai Organization. are brought against They face extradition and unjust trials. Islamic groups. In It was mentioned that countries at the United Turkmenistan, charges are Nations are calling for cooperation and not con- brought against the secu- frontation. We can accept it as a general principle, lar opposition. Also, but we have to determine the framework within there are criminal convic- which cooperation is possible. If countries do not estimonies T tions of activists of fall within this framework, then they must be Islamic opposition in excluded from the cooperation process. It seems neighboring countries. The scale of repression is that all countries have acceded to the Universal so great that in recent years it was perceived as a Declaration of Human Rights, the Convention on threat that could destabilize the situation in those Civil and Political Rights, and other documents. countries. Unfortunately, the government of This is a basis for that type of cooperation. But Russia is cooperating with those regimes in the those obligations are not being enforced. For oppression of dissidents, and it extradites the citi- example, in Turkmenistan, the president has zens of those countries who hope to find a last declared himself as president for life. The people resort in Russia. Monitoring human rights in do not have a right to elect their own government, those countries is dangerous for human rights and in December, under the pretext of war on ter- defenders. In December 2002, in Turkmenistan, rorism, a new law was adopted which equates an activist of the Ecology Club, Farid criticism of the president to treason, and convic- Tukhbatullin, was arrested just because he partici- tions can lead to life imprisonment. I think that pated in a human rights conference in Russia. in this type of extreme case, the international Recently in Russia, a citizen of Uzbekistan was community must have an adequate reaction. If we arrested for making a public condemnation of talk only about cooperation and dialogue in this Russian security forces for their crackdown on an type of situation, then we justify oppression. Islamic organization, which never existed. Vitaly Ponomarev researches for Central Asian Human Rights There are changes in laws at the national level, Society the political and human rights situation in ex-Soviet states, but also there are bilateral agreements between such as Uzbekistan and Turkmenistan. Following his involvement in the democratic movement during the perestroika period in the countries concerning the war on terrorism involving U.S.S.R., he worked for Panorama. As a result of his work, Ponomarev has been deported from Uzbekistan and Turkmenistan.

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R IMA AMAR FGHANISTAN D . S S (A ) be very difficult. The on-the-ground reality and With the fall of the Taliban and the beginning of the perspectives of civil society actors in a new government, people — especially women — Afghanistan should shape policies. The following had high hopes for better lives and a more peace- are some recommendations: ful future. However, two years later, the overall First, if security is not improved, the situation situation in Afghanistan is very bad. The main in Afghanistan, particularly the conditions for reasons for the instability are the lack of security women’s rights and human rights, will not and lack of resources. improve. We welcome the news that the U.N. Peace is not just the absence of war. Peace is Security Council and NATO have agreed that the human security and respect for human dignity, International Security and Assistance Force (ISAF) access to health care, education, shelter, food, and should be expanded. However, it is important that jobs. Peace means social justice and equality for all the size of peacekeeping forces should be expanded the people in the country. Real peace is not only significantly and that the mandate of peacekeeping

necessary for the future of Afghanistan, but peace troops also be more proactive. We need the pres- T estimonies in Afghanistan will improve the prospects for peace ence of international peacekeeping troops and security worldwide. Although the situation has throughout the country until a national army, police force, and judiciary system that people trust can enforce one system of laws. We need for the size of the international peace troops to be expanded not by hundreds or thousands but by tens of thousands. One of our worries is that they will just decide to take troops out of Kabul and move them to other areas. Such a plan would be a disaster, because without at least the same size of ISAF in Kabul, the limited security we have achieved in the capital could easily be lost. The mandate of ISAF should be expanded to include disarmament and other interventions against those who violate human rights and threaten the peace. The provincial improved since before the war, we are in a danger- reconstruction teams also should have a clear ous situation because there is no space for human mandate. If their purpose is reconstruction, then rights defenders to operate. We are threatened why are they mostly military? But, if their purpose when we bring the attention of the authorities to is security, why do they not take an active role in human rights abuses. If the Afghan Human peacekeeping? In addition, the size of the teams is Rights Commission and other human rights far too small and their locations are too few to organizations are not free to operate, progress will provide adequate security.

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Second, we need a lot more support for the Fourth, resources must be made available to reconstruction of the country. We need resources promote equality, providing public awareness to if we really want to bring democracy and peace to both women and men in human rights. Through the country and protect the rights of women and education, we can build understanding among the girls — at least basic human rights such as access to people about the need for peace, reconciliation, education and health care. and human rights. If people are informed about Education is a main component of achieving their rights, they can prevent and stop human peace, women’s rights, and human rights. rights abuses. Women particularly need to be Widespread illiteracy was one of the main reasons made aware of their rights and have access to legal that war in Afghanistan has been so violent and services. lasted so long. We must construct and repair Fifth, to bring about women’s rights and schools across the country so that madrassas are human rights, we must also have justice. All fac- not the only “educational” options for boys and so tions bear some responsibility for the human that girls finally have a chance to learn. Resources rights abuses in the country over the past 23 years. and facilities should be made available for educa- There are many mass graves in this country. Many tion equally, regardless of gender, ethnic group, or people have been killed or disappeared during this estimonies

T region of the country. time. The Taliban were the worst violators, but Access to health care for women is a human others have committed atrocities as well. right, but the health care facilities in Afghanistan Education, monitoring, and investigations are nec- — especially maternity hospitals and those that essary to achieve human rights in Afghanistan and provide gynecological care — are in horrible shape, end the culture of impunity. It will not be easy and the country has one of the highest maternal because we do not have a functioning legal system mortality rates in the world. For women’s health to bring people to justice. to improve and for women’s lives to be saved in The international community should assist Afghanistan, resources and commitments are with transitional justice, bringing to justice needed for comprehensive reproductive health human rights violators and protecting the human care and women’s empowerment. rights defenders. We also must not forget that Third, one of the most important issues is that many of the human rights violations were caused women’s rights and human rights must be included by people from outside our country. The interna- in the constitution. For women to ever be treated tional community has an obligation to take some as human beings in the judicial system or in family of the responsibility and assume some of the risk law, they must have protection of their rights in the of holding violators accountable. constitution. Women’s rights and human rights Dr. Sima Samar is chair of the Afghan Independent Human must have precedence over traditional law. The con- Rights Commission, a position she assumed after being forced out stitution should be based on international human of her post as the deputy chair in the interim administration of Afghanistan and as the first ever minister of women’s affairs. She rights and explicitly guarantee women’s rights and obtained these positions following her return to Afghanistan after minority rights. For there to be sustainable peace, a 15-year exile in Pakistan. there needs to be a very strong Afghan Independent Human Rights Commission.

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MANDIRA anti-terrorist legislation are not allowed to visit SHARMA (NEPAL) their lawyers or family members; they are put in incommunicado detention and not ever charged I come from a coun- formally with a crime. Most of them have been try that has faced held in military detention centers to which even eight years of armed the International Committee of the Red Cross conflict that has does not have access. The situation has escalated claimed more than again after October when the constitutional 10,000 lives and has monarch sacked the democratically elected prime sent thousands of minister for not being able to hold the election on people into forced time; he dissolved the Cabinet and handpicked the migration. I work prime minister and other ministers. for a group of lawyers who monitor cases of police The National Human Rights Commission custody that involve the widespread use of torture issued a report documenting widespread extra-

and illegal detention. Our constitution requires T judicial killings during so-called encounters estimonies that every accused person has a right to consult a between the rebels and the military that are most- lawyer, but lately detainees have been denied this ly trumped up. The report also detailed mass right. We have put this question to the authori- torture, illegal detention, and disappearances. The ties. When they respond by saying that detainees day after the commission presented its report to do not have the right to have access to lawyers, the government, the Royal Nepal army con- then we intervene, offering free legal aid to the demned the report as ridiculous. All democratic detainees. To make matters worse, lawyers who institutions in Nepal are not functioning; they take these cases might be beaten and accused of have collapsed. We have been trying to take human being terrorists or sympathizers. rights violations into the courts using different We have visited 1,500 detainees in this one- international human rights instruments that and-a-half-year period. More than 90 percent of Nepal has ratified, but it is very difficult for the the detainees are not accorded their right of being courts to take any action because their decisions brought before a court within 24 hours. In more are not respected by the government. The court than 70 percent, the detainees claim that they orders the release of illegally detained individuals, were severely physically tortured. The situation but they are either rearrested from the court or became worse after 9/11 because the armed revo- the order is simply ignored. lution groups were declared as terrorist We need help from the Office of the U.N. organizations, and a state of emergency was High Commissioner for Human Rights to provide declared. Now, extrajudicial killings, mass torture, technical support to government institutions and and disappearances are quite common. The 2002 to help create the environment in which human report of the U.N. Working Group on Enforced rights defenders can work. and Involuntary Disappearances named Nepal as the greatest violator in terms of numbers of disap- Mandira Sharma is the executive director for Advocacy Forum, an organization in Nepal that monitors police custody while analyzing pearances. Those who are arrested under the instances of torture and illegal detention and documenting human rights violations such as extrajudicial killings and disappearances.

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ARNOLD TSUNGA (ZIMBABWE) interpreted in such a way that if four people In Southern Africa, before 9/11, we began to see a assemble without police permission, it is consid- trend where those heads of state who had an incli- ered a threat to public order and security. Police nation toward dictatorship were under pressure break up such meetings, and people are arrested and virtually on the run. There was mounting and detained for such meetings. public opinion against those who wanted to stay The high commissioner spoke about the in office for life. That trend seemed to be irre- importance of national protection systems. In versible. But post 9/11, we’ve seen that the Zimbabwe the justice delivery system has now dictators have virtually taken root, and they’ve been so severely compromised; judges have been been given a new lease on life. It is not right to harassed; public prosecutors, magistrates, and criticize the United States for that kind of trend. lawyers have generally been persecuted. This year, It is purely coincidental that the dictators were Zimbabwe Lawyers for Human Rights, for which intending to continue fighting for political sur- I’m the executive director, has recorded eight cases vival but took advantage of an unfortunate of lawyers who have been arrested or beaten up by incident that took place here. They use language the police while trying to represent their clients. that sounds the same as the language that is being We have had two cases of judges who have been estimonies

T used in America in terms of fighting terrorism, arrested and publicly humiliated in politically when in fact they are fighting against popular motivated cases — one of them was arrested in expression within the Southern African chambers when he was waiting to appear in court Development Community (SADC) region. I think — creating an impression that he had been Zimbabwe comes out very distinctly as a country involved in corrupt practices and was going to face where this process has taken root. prosecution. About six or seven months later, the I agree that the attack in the United States on Supreme Court ruled that the arrest had been September 11th was an attack on the basic univer- without any legal foundation. In another case, sal human rights and fundamental freedoms. But international organizations sent some observers to the misfortune is that the reaction has also created the trial, and the attorney general said there was a worsening situation for the human rights cause no basis for prosecution. on a global scale. It is not sustainable to fight ter- So you begin to see that in the SADC region rorism using only counterterrorism measures. It is institutions of protection are being interfered important to root the fight against terrorism in the with, threatening the independence of the judici- principles of universally accepted human rights ary. My colleagues in Tanzania and Malawi have and fundamental freedoms. It is only through that complained that the governments in those coun- process that we will achieve sustainability. tries have introduced nongovernmental In Zimbabwe, a repressive law called the organization legislation that is extremely intrusive, Public Order and Security Act was passed in with the design of preventing free operation of 2002. The language used in that act is consistent civil society. with the spirit of fighting terrorism. It was designed We must also address the concepts of black to prevent assembly in Zimbabwe, to prevent asso- empowerment and indiginization — very popular ciation and expression. The law is being concepts in developing countries. Because of the

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economic imbalances that are historically rooted, There also has been politicization of human you find that regimes like the Zimbabwean regime rights concepts at the international level. I was dis- have taken advantage of that popular expression turbed at the U.N. Commission on Human to give an impression that the expropriation of Rights in March, when we were trying to present a wealth that is taking place is in fact in the name case for Zimbabwe, that the African group was of black empowerment and indiginization. resisting our proposal based on “cultural relativity.” Actually, it is a process that is creating economic They claimed that the Americans and the Western catastrophe within a country such as Zimbabwe, governments do not have moral grounds to criticize violations of human rights on the African continent post 9/11 because of the unilateralism of America in dealing with terrorism. Madame Jilani has advised me before that she has sought

government permission to come to T estimonies Zimbabwe but the United Nations has not been granted access. Again, these can be seen as a consequence of the current approach to fighting terrorism. Lastly, there seems to be this trend in the international community to wait for catastrophic disaster, genocide, or some serious extermination of people before people can start reacting. It happened in the Great Lakes and ended up sucking the Zimbabwean, Ugandan, and Rwandan armies into a serious conflict within the Democratic Republic of the Arnold Tsunga Congo, which resulted in millions of peo- and the result has been very devastating. Two mil- ple being killed — and they are still being killed lion people have left Zimbabwe to be refugees in now. This can very easily happen in Zimbabwe and South Africa. About 500,000 are refugees in Southern Africa unless the international commu- Botswana. About 700,000 are now in the United nity, in particular the United Nations, takes Kingdom, and we have about 2 million internally leadership to take proactive measures to deal with displaced people after what was being described as these situations. a land reform program, which was extremely Arnold Tsunga is the executive director of the Zimbabwe Lawyers chaotic. But these policies are justified by appeal- for Human Rights. Tsunga also fights for the rights of individuals ing to popular expression, such as fighting new in the Manicaland province of Zimbabwe as the director of the Manicaland Board of Executors Limited and as the national chair- liberalism, anti-globalization, black empowerment, person of ZIMRIGHTS, the Zimbabwe Human Rights Association. and indigenization of the economy.

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MARICLAIRE ACOSTA URQUIDI (MEXICO) What I want to talk about is my discovery I would like to reflect on the role of the interna- of just how much the member states within these tional human rights protection system as relates to systems manipulate and undermine the very the work of human rights defenders. As human mechanisms that we rely on so much to bring rights activists in Mexico, it took us about 15 years about change. I can remember hundreds of anec- as human rights activists to become active in the dotes from Geneva, seeing what happens when a international human rights fora. This was possible special rapporteur oversteps, just a little bit, the because of the solidarity and support of organiza- unwritten rules of the procedure — the precious tions in Northern countries that trained us and five minutes that they are given to speak to the helped us with resources. Spending a month in commission are taken away. As members of civil Geneva is not something that many human rights society, we cannot afford to leave these mecha- organizations from poor countries or even rich nisms for the protection of human rights to be countries can afford, much less learning how the controlled by the states alone. Governments must system works. Once we reached the Inter- be pressured and lobbied in this regard. American Human Rights Commission and then Therefore, I suggest that we create a network of the U.N. Commission on Human Rights in human rights defenders made up of civil society

estimonies Geneva as a movement, we had a sense of achieve- and human rights nongovernmental organizations T ment and also high expectations for these and also other organizations, individual members mechanisms — they empowered us. And I think by of governments and the mechanisms themselves making demands we also empowered the system. to construct this kind of chain that is needed — a But we never realized how overburdened and pre- transmission belt that goes from the situations on carious they are, because when you are fighting for the ground to the mechanisms and down again. I human rights in your country, you are always hope that The Carter Center can help bring this demanding things without really realizing how vul- network about. nerable they can be to pressure from so many Ultimately, the best way to strengthen the countries. Again, I want to repeat, by demanding, norms and standards that the mechanisms repre- you also strengthen. But there is more to strength- sent is to incorporate those norms and standards ening than just demanding. into our domestic laws and policies. The proposed Then, I had the fortune of being appointed to policy forum could help if we include journalists, the Mexican government, the first freely elected judges, and important figures from the national government in 70 years, as special ambassador for level who are close to the problems and who can human rights. One of my first actions was precisely impact their own governments if they are given a to seek the cooperation of this international system chance to work in a united way with other organi- of protection of human rights to bring about the zations and leaders.

much-needed changes in the human rights situation Mariclaire Acosta Urquidi was recently dismissed from her of my country. We were so successful that I was post as deputy secretary for human rights and democracy at the asked to leave my position, and my office was Mexican Ministry of Foreign Affairs because of her vocal stance on human rights issues. She previously served as special ambassador closed that morning. for human rights and democracy in Mexico and as adviser to the Social Convergence Working Group for Civil Organizations in the transition team for then President-elect Vicente Fox.

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XU WENLI human society, human rights should come first. I (CHINA) hope we can write this into our declaration, mean- I am a Chinese politi- ing human rights come first. Our declaration cal exile. Today I have should have some creative insights. We also should heard all about viola- have a good definition of terrorism. Otherwise tions of human rights some governments will use this terrorism to perse- around the world. So, cute and repress people. I suggest: Terrorism is an outside the sun is act to harm or threaten to harm innocent civilians shining but inside in order to achieve certain political objectives. clouds of worry are I think it would be a good idea to establish a hanging about. Now human rights television channel that would air all we need to think around the world because millions of people look about how to find a way to have the sunshine of at this little box everyday. If we have this noncom- human rights shining all over, including in China. mercial TV specially designed for human rights T On Nov. 6, 2003, a member of the Chinese broadcasting, I think it will influence people all estimonies Democratic Party was sentenced by the Chinese around the world. Multinational corporations government to eight years in prison. His name is could contribute to this effort because they bene- He Depu. I understand that The Carter Center is fit from their businesses all around the world. We actively engaged in monitoring the activities in can award those corporations who do well in China’s village elections. I hope The Carter terms of human rights protection. Center can help this person who was an inde- I hope the high commissioner on human pendent participant in the democratic movement rights and The Carter Center can join hands to in China. Mr. He was charged with two crimes, urge the Chinese government to release all the one was being a member of the Chinese political dissidents in China, including Falun Democratic Party. Another “crime” was when Mr. Gong disciples who have been persecuted. The He wrote a letter to President Bush. Also, those special emphasis should be put on the people like who launched the democracy wall were considered Mr. He, who was a democracy activist. You can criminals. There are many others. Now we are in also urge the Chinese government to publish all the process of the anti-terror campaign and the the information with regard to their ratification of Chinese government now is accusing some human human rights treaties. The government cannot rights activists of being terrorists. One of the refuse to do so for the simple reason that they accused is Rabiya Kadeer in Xinjiang in western agreed to participate in these treaties. China. She was accused of being a terrorist. Xu Wenli is a senior fellow at the Watson Institute for Violations such as this are pretty rampant in China, International Studies at Brown University. A prominent Chinese so I’m not going to enumerate them here today. dissident, he was first imprisoned in 1981 on the charge of printing an unauthorized political journal. After being released 12 years I agree with professor Ibrahim about launching later, he returned to his democracy activities. He was imprisoned an Atlanta Declaration on human rights. The again in 1998 on the charge of trying to establish an opposition Universal Declaration on Human Rights was an party. Although he received a 13-year sentence, he was released from prison this past Christmas Eve and was sent into exile in the epoch-making event in human history. I believe in United States.

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YEVEGENIY ZHOVTIS (KAZAKHSTAN) when they ratify these treaties? This is a problem It is important to talk about principles. I agree with international human rights law as a whole. with Hina Jilani that human rights defenders, first Lastly, we should think about how best to and foremost, defend principles. And when we articulate the collective voice of human rights talk about principles, the time has come for joint defenders. The most comprehensive analysis of effort between the U.N. human rights institutions human rights violations worldwide is the annual and human rights defenders to reaffirm the univer- U.S. Country Reports. But, it is clearly influenced sality of the human rights norms — the essence of by politics and so cannot be the definitive source. these norms and wording of these norms. Many Maybe it is time to prepare such a comprehensive authoritarian governments use their own interpretation of these norms and use their own language. In Kazakhstan, for example, legislation restricting peaceful assembly includes hunger strikes — you need to receive permission 10 days before you hold this event. estimonies

T Also, the ombudsman institution created in my country, a supposedly independent human rights institution, spoke during the last Warsaw meeting of the Human Rights Dimension on behalf of the government, condemning criticism of the government’s human rights record. This is not consistent with the Vitaly Ponomarev (Russia/Turkmenistan) and Yevegeniy Zhovtis Universal Declaration of Human Rights or the Paris principles on national human human rights report of the world situation on rights institutions. behalf of human rights defenders and civil society. The second brief comment is about interna- It could then be presented through the U.N. tional treaties. It seems to me that now we are human rights institutions to the international facing a crisis regarding the legal value of these community. Such a report could be a comprehen- documents. If, for example, one of the worst dicta- sive voice of civil society about the human rights torships like Turkmenistan is a signatory of situation all around the world, including the war practically every international human rights treaty on terror and legislation that impinges on the pro- on human rights, the value of these treaties tection of human rights. becomes practically zero. All governments could Yevegeniy Zhovtis is the director of the Kazakhstan International say this government is not following any of the Bureau for Human Rights and Rule of Law, which draws attention obligations of the treaties it has signed. How can to democratization and economic transformation, human rights, and the rule of law in Kazakhstan. Mr. Zhovtis is also the co-chairman of we bring accountability for such governments who the Forum of Democratic Forces in Kazakhstan. are not following any legal obligations taken on

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ACKNOWLEDGMENTS

he Carter Center is grateful to the human especially to Mr. Ramcharan for stepping into the rights defenders who traveled from all over breach to co-chair the event with President Carter. Tthe globe, bringing with them the vast The Carter Center also benefited from gener- experience, courage, and inspiration that gives us ous collaboration with individuals at other hope for the future of freedom throughout the nongovernmental organizations. Neil Hicks of world. The special representative to the secretary- Human Rights First was, from the beginning, an general on human rights defenders, Hina Jilani — indispensable partner. Our thanks go also to herself an inspiring rights defender from Pakistan Michael Posner, Elisa Massimino, Lorna — has a long personal and professional history of Davidson, and Raj Purohit at Human Rights First, devotion to the protection of human rights. She as well as Juan Antonio Blanco and Mark Erik was the first to endorse the idea of this conference, Hecht of Human Rights Internet for their ideas in and she was an essential guide throughout the the early stage of planning. Many other colleagues process. We are especially grateful to her and to from the human rights community gave generous- Ben Majekodunmi in Geneva for his constant ly of their time to make sure that as many regions attention and thoughtfulness. as possible would be represented at the confer- We are also very grateful to colleagues at the ence. Special thanks go to Juan Mendez, Ian United Nations Office of the High Commissioner Martin, Phillip Alston, Sidney Jones, Nick for Human Rights (OHCHR) for their partner- Howen, Cathy Fitzpatrick, Peter Zalmayev, Felice Acknowledgments ship and vision. The late High Commissioner for Reknowned performer Clarence Bell opened the conference with Donny Hathaway's "Someday We'll All Be Free.” Human Rights Sergio Vieira de Mello identified the theme of the conference with President Carter, and it was his team — Deputy (and then Acting) High Commissioner Bertie Ramcharan, senior adviser Mona Rishmawi, Dzidek Kedzia, Scott Malcolmson, Gianni Magazenni, and Eric Tistounet — who helped shape the conference agenda and who, more broadly, had to pick up the pieces after the high commissioner lost his life so tragically in the line of duty in Iraq. Many thanks

87 THE CARTER CENTER HUMAN RIGHTS DEFENDERS ON THE FRONTLINES OF FREEDOM

Gaer, T Kumar, Allison Desforges, Paul Simo, and Mixon, Tom Eberhart and Olivia Owens, Rachael Lesley Carson and Brigitte Schmidt at Forefront. Lammers, Julie Benz Pottie, and Sarah Fedota. A Our deep appreciation goes to Tom Malinowski of spectacular group of graduate students and Human Rights Watch, who made very important interns took on monumental responsibilities and contributions during the conference and in our did a fantastic job. First among these are Sarah follow-up trip to Washington, D.C. We also would Raskin, Ruth Hill, Amy Cook, Tona Boyd, Leylac like to thank the International Service for Human Pekin, Aynabat Yaylymova, and Carmen Brun. Rights and other partners who sent useful publica- Interns from other departments also provided tions and other materials for distribution at the invaluable assistance, including Nealin Parker, conference. Ricardo Rodriguez, and Justin Thomas. A conference like this cannot happen without Part of the success of this conference was due the generous support of donors. We are grateful to the meetings that were organized in Washington, to the Paul and Phyllis Fireman Foundation and D.C., to bring human rights defenders together our longtime partners at the Reebok Human with U.S. policy-makers and analysts. We would Rights Foundation, with special thanks to Shalini like to extend special thanks to Dr. Saad Eddin Nataraj and Doug Cahn at Reebok. We are grate- Ibrahim, Dr. Willy Mutunga, and Samuel Kofi ful also to the Levi-Strauss Foundation for their Woods for going the extra, exhausting mile and to support, with special thanks to Teresa Faye- those officials, journalists, and analysts who made Bustillos for her substantive contributions to the extra efforts to listen to the views and concerns of conference planning process. The conference also those who are on the frontlines of the human would not have been possible without generous rights and democracy movements around the donations from several private individuals to The world. In particular, we are grateful to Senator Carter Center. Chuck Hagel of Nebraska and his aide Andrew

Acknowledgments As always, there is a group of people within Parasiliti; Undersecretary of Defense Paula The Carter Center who mount heroic efforts to Dobriansky and her colleague Joseph Bracken; pull these events together. Special thanks go to Deputy Secretary of Defense Paul Wolfowitz and Chuck Costello, Gordon Streeb, Phil Wise, and his aide Joe Collins; Jackson Diehl, Robin Wright, John Hardman for their leadership. Ashley Barr, and Kathleen Cahill of The Washington Post; Tom who manages the Carter Center's human rights Friedman of the New York Times; Dr. Salih Booker activities designed and managed the conference at Africa Action; Jennifer Cooke, Patrick Cronin, project. Karin Ryan, former assistant director of and Daniel Benjamin of the Center for Strategic the Center's Human Rights Program, returned to and International Studies; and Dr. Ibrahim’s hosts the Center to serve as the senior adviser for the at the Woodrow Wilson Center. conference, and she drafted this report. Thanks Lastly, thank you to Clarence Bell, Jaribu also to Nancy Konigsmark, Faye Perdue, Melissa Hill, Fung Africa, and Ernest Guevarra for their Montgomery, Kay Torrance, Lisa Wiley and the inspirational contributions of song, spoken word, entire events office, Larry Frankel and Paedia and dance.

88 Appendices A/RES/53/144 1999 8 March REEDOM , by adopting such adopting , by F inter alia Article 1 Article 2 he right and the of indi- responsibility he relationship between international between he relationship t t hat all human rights and fundamental t hat the duty to and prime responsibility t ONTLINES OF : ECLARATION R F D essing Each State has a prime and duty to Each responsibility r ENTER Recognizing Declares Everyone has the right, individually and in associa- 1. 2. administra- legislative, such State shall adopt Each Recognizing Reiterating St eps as may be necessary all conditions neces- eps as may create to C ights and freedoms in practice. ights and freedoms he rights and freedoms referred to in the to present referred he rights and freedoms al freedoms at theal freedoms and international national levels, viduals, groups and associations to promote respect for respect promote viduals, groups and associations to of human rights and fundamen- knowledge and foster t promote and protect human rights and fundamental and protect promote lie withfreedoms the State, the for strive and to tion with others, promote to of human rights and funda- and realization protection mental at the freedoms national and international levels. all human rights and and implement promote protect, fundamental freedoms, st sary in the social, economic, political and other fields, that ensure to as the required as well legal guarantees all persons under its jurisdiction, individually and in all thoseassociation with enjoy able to others, are r be necessary that as may ensure and other steps to tive t peace and security of human rights the and enjoyment and fundamental and mindful that freedoms, the absence of international peace and security does not non-compliance, excuse and indivisible, interdependent universal, are freedoms and implemented and should be promoted interrelated the without to prejudice in a fair and equitable manner, of those of each implementation rights and freedoms, 89 ARTER C HE T EFENDERS EFENDERS ON THE D IGHTS R he importance of the Universal t A. U.N. D U.N. A. he important of international role t he importance of the observance of the t hat all members of the international com- UMAN t H essing s of racial discrimination, colonialism, foreign r The General Assembly, The General Reaffirming Reaffirming also Acknowledging St rm oups and associations in contributing the to, effec- ations for the promotion and protection of all and protection the promotion ations for m, as well as thosem, as well at the level, regional United Nations Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society of Individuals, Groups on the Right and Responsibility United Nations Declaration Freedoms Rights and Fundamental Universally Recognized Human to Promote and Protect purposes principles and of the Charter of the United N all per- human rights and fundamental for freedoms sons in all countries of the world, munity shall fulfil, jointly and separately, their solemn munity shall fulfil, jointly and separately, for respect and encourage promote obligation to all with-human rights and fundamental for freedoms kind, including distinctions of any out distinction political religion, sex, language, based on race, colour, or other opinion, national or social origin, property, birth or other status, and reaffirming the particular importance international cooperation to of achieving fulfil the this to Charter, according obligation Declaration of Human Rights and the International of on Human Rights as basic elements Covenants for respect universal international efforts promote to and observance of human rights and fundamental freedoms and the importance of other rights human sys- Nations withininstruments the adopted United te of individuals, and the valuable work cooperation for, gr elimination of all violations of human rights and tive fundamental of peoples and individuals, freedoms mass, flagrant to including in relation or systematic apartheid, as those from violations such resulting all fo domination or occupation, aggression or threats to unity or territorial national national sovereignty, theintegrity recognize right the to of and from refusal and the self-determination peoples to right of every its wealth and over full sovereignty exercise people to natural resources, THE CARTER CENTER HUMAN RIGHTS DEFENDERS ON THE FRONTLINES OF FREEDOM

Declaration are effectively guaranteed. (c)To study, discuss, form and hold opinions Article 3 on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through Domestic law consistent with the Charter of the these and other appropriate means, to draw public United Nations and other international obligations of attention to those matters. the State in the field of human rights and fundamental freedoms is the juridical framework within which Article 7 human rights and fundamental freedoms should be Everyone has the right, individually and in associa- implemented and enjoyed and within which all activi- tion with others, to develop and discuss new human ties referred to in the present Declaration for the rights ideas and principles and to advocate their promotion, protection and effective realization of acceptance. those rights and freedoms should be conducted. Article 8 Article 4 1. Everyone has the right, individually and in associ- Nothing in the present Declaration shall be con- ation with others, to have effective access, on a strued as impairing or contradicting the purposes and non-discriminatory basis, to participation in the gov- principles of the Charter of the United Nations or as ernment of his or her country and in the conduct of restricting or derogating from the provisions of the public affairs. Universal Declaration of Human Rights,2 the 2.This includes, inter alia, the right, individually International Covenants on Human Rights3 and other and in association with others, to submit to govern- international instruments and commitments applicable mental bodies and agencies and organizations in this field. concerned with public affairs criticism and proposals Article 5 for improving their functioning and to draw attention For the purpose of promoting and protecting to any aspect of their work that may hinder or impede human rights and fundamental freedoms, everyone has the promotion, protection and realization of human the right, individually and in association with others, rights and fundamental freedoms. at the national and international levels: Article 9 (a)To meet or assemble peacefully; 1. In the exercise of human rights and fundamental (b)To form, join and participate in non-govern- freedoms, including the promotion and protection of mental organizations, associations or groups; human rights as referred to in the present Declaration, everyone has the right, individually and in association (c)To communicate with non-governmental or with others, to benefit from an effective remedy and to intergovernmental organizations.

Appendices be protected in the event of the violation of those Article 6 rights. Everyone has the right, individually and in associa- 2.To this end, everyone whose rights or freedoms tion with others: are allegedly violated has the right, either in person or (a)To know, seek, obtain, receive and hold through legally authorized representation, to complain information about all human rights and fundamental to and have that complaint promptly reviewed in a freedoms, including having access to information as to public hearing before an independent, impartial and how those rights and freedoms are given effect in competent judicial or other authority established by domestic legislative, judicial or administrative systems; law and to obtain from such an authority a decision, (b)As provided for in human rights and other in accordance with law, providing redress, including applicable international instruments, freely to publish, any compensation due, where there has been a viola- impart or disseminate to others views, information and tion of that person’s rights or freedoms, as well as knowledge on all human rights and fundamental free- enforcement of the eventual decision and award, all doms; without undue delay.

90 THE CARTER CENTER HUMAN RIGHTS DEFENDERS ON THE FRONTLINES OF FREEDOM

3.To the same end, everyone has the right, individu- should respect those rights and freedoms and comply ally and in association with others, inter alia: with relevant national and international standards of (a)To complain about the policies and actions occupational and professional conduct or ethics. of individual officials and governmental bodies with Article 12 regard to violations of human rights and fundamental 1. Everyone has the right, individually and in associ- freedoms, by petition or other appropriate means, to ation with others, to participate in peaceful activities competent domestic judicial, administrative or legisla- against violations of human rights and fundamental tive authorities or any other competent authority freedoms. provided for by the legal system of the State, which 2. The State shall take all necessary measures to should render their decision on the complaint without ensure the protection by the competent authorities of undue delay; everyone, individually and in association with others, (b)To attend public hearings, proceedings and against any violence, threats, retaliation, de facto or de trials so as to form an opinion on their compliance jure adverse discrimination, pressure or any other arbi- with national law and applicable international obliga- trary action as a consequence of his or her legitimate tions and commitments; exercise of the rights referred to in the present (c)To offer and provide professionally qualified Declaration. legal assistance or other relevant advice and assistance 3.In this connection, everyone is entitled, individu- in defending human rights and fundamental freedoms. ally and in association with others, to be protected 4.To the same end, and in accordance with applica- effectively under national law in reacting against or ble international instruments and procedures, opposing, through peaceful means, activities and acts, everyone has the right, individually and in association including those by omission, attributable to States that with others, to unhindered access to and communica- result in violations of human rights and fundamental tion with international bodies with general or special freedoms, as well as acts of violence perpetrated by competence to receive and consider communications groups or individuals that affect the enjoyment of on matters of human rights and fundamental free- human rights and fundamental freedoms. doms. Article 13 5. The State shall conduct a prompt and impartial Everyone has the right, individually and in associa- investigation or ensure that an inquiry takes place tion with others, to solicit, receive and utilize resources Appendices whenever there is reasonable ground to believe that a for the express purpose of promoting and protecting violation of human rights and fundamental freedoms human rights and fundamental freedoms through has occurred in any territory under its jurisdiction. peaceful means, in accordance with article 3 of the Article 10 present Declaration. No one shall participate, by act or by failure to act Article 14 where required, in violating human rights and funda- 1. The State has the responsibility to take legislative, mental freedoms and no one shall be subjected to judicial, administrative or other appropriate measures punishment or adverse action of any kind for refusing to promote the understanding by all persons under its to do so. jurisdiction of their civil, political, economic, social Article 11 and cultural rights. Everyone has the right, individually and in associa- 2.Such measures shall include, inter alia: tion with others, to the lawful exercise of his or her (a) The publication and widespread availability occupation or profession. Everyone who, as a result of of national laws and regulations and of applicable his or her profession, can affect the human dignity, basic international human rights instruments; human rights and fundamental freedoms of others (b)Full and equal access to international docu-

91 Appendices to t t gr tions amongnationsandallracialreligious alia and research areas to inthese strengthen further, freedoms activitiessuch through aseducation,training tions relating andfundamental to allhumanrights publicmore to aware makingthe contributing of ques- r teaching trainingprogramme. of humanrights intheir fo armed ofthe personnel enforcement the officers, t t teaching andfundamen- the ofhumanrights facilitate any form other ofnationalinstitution. th whether underitsjurisdiction, doms inallterritory and protection free- andfundamental ofhumanrights independent nationalinstitutions for promotion the creation anddevelopment the priate, offurther bodies. ofthese reports official and the records ofdiscussions party, aswellsummary asthe t by bodiesestablished to State the by the odic reports peri- includingthe ofhumanrights, field ments inthe democratic society. ty, general publicorder welfare andthe ina ot r due mined by ofsecuring law solelyfor purpose the obligations andareapplicable international deter- only to asare such inaccordance limitations with shallbesubject others, ually andinassociationwith al freedoms atalllevels ofeducationandto ensure heir activities. out he societies carry andcommunitiesinwhich they responsible forhat allthose traininglawyers, law treaties humanrights tohe international which itisa elevant institutions have role to animportant play in ecognition andrespect andfreedoms for rights of the oups, bearing in mind the various backgrounds of backgrounds various inmindthe oups, bearing r

hers and of meeting the just andofmeeting requirementshers the ofmorali- ey be ombudsmen, human rights commissionsor ey beombudsmen,humanrights in the present actingindivid- Declaration, everyone, in the In the exercise andfreedomsIn the referred rights ofthe organizationsand Individuals, non-governmental responsibility to hasthe The State promote and where shallensure appro- TheState andsupport, 3. ces and public officials includeappropriate elements ces andpublicofficials , understanding, tolerance, peace and friendly rela- tolerance, peaceandfriendly , understanding, H UMAN R Article 15Article Article 16Article Article 17Article IGHTS D FNESO THE ON EFENDERS T HE inter C ARTER 92 fully realized. canbe instruments humanrights Rights andother Universal inthe set forth DeclarationofHuman andfreedoms orderinternational rights inwhich the to asocialand ofeveryone promotion right ofthe r organizationsalsohave rolemental anda animportant democratic societies, institutions andprocesses. promotion to the contributing andadvancementof freedoms and andfundamental moting humanrights and aresponsibility insafeguarding democracy, pro- organizationshave rolemental to animportant play ispossible. of hisorherpersonality munity, free inwhich andfulldevelopment alonethe Declaration. t anyty orto of perform destruction actaimedatthe of society to orany engage right inany the State activi- preted asimplying for any ororgan individual,group t to organizationscontrary tions ornon-governmental ofindividuals,institu-activities ofindividuals,groups andpromotepreted to States support aspermitting he rights andfreedomshe rights referred present to inthe he provisions of the Charter of the Unitedhe provisions ofthe Charter Nations. ofthe esponsibility in contributing, asappropriate, toesponsibility incontributing, the C No institutions groups, andnon-govern- 3.Individuals, institutions groups, andnon-govern- 2.Individuals, 1. No ENTER Everyone hasdutiestowards com- Everyone the andwithin t t hing in the present Declarationshallbeinter-hing inthe hing in the present Declarationshallbeinter-hing inthe F R NLNSOF ONTLINES Article 20 Article Article 18Article Article 19Article F REEDOM Appendices REEDOM F ONTLINES OF R call upon governments to reaffirm to call upon governments their call upon all States to:

in some countries resumed facilitated by

F ccordingly, ccordingly, ECLARATION inally, we are particularly disturbed by the particularly by disturbed are we inally, her security forces must be entirely in line be entirely must her security forces ry andards. We are particularly concerned are about We andards. epeal all laws that upon human infringe epeal all laws F We A We ights, and bring conformity all legislation into wing dangers for human rights and human defenders for wing dangers ENTER R r with human rights internationally recognized st thean expanded internal mili- for security role ta military cooperation with nations. powerful granted the to police, military, powers and Any ot with international human rights standards If gov- and/or international humanitarian law. this measures exceptional ernments invoke ward state action that are designed to criminal- action that state designed to are ward o

D C established and emerging democracies, are a established are and emerging democracies, of serious concern.source gr tendencies growing and humanitarian workers to ize dissent and that a dignified threaten and and ethnic minori- religious for existence secure civil society. ties, and a pluralistic the of thecommitment to realization rights enu- Declaration on Human in themerated 1998 censor- put an end to and to Rights Defenders ship, arbitrary oppressive detention, other and all actions that measures administrative rights. of human undermine the protection 1. 93 ARTER C HE November 12, 2003 T TLANTA A Consensus Document from A Consensus Document A EFENDERS ON THE The Carter Center, Atlanta, GA, USA GA, Atlanta, The Carter Center, D HE IGHTS “Human Rights Defenders on the Frontlines of Freedom” of Defenders on the Frontlines “Human Rights R B. T UMAN istory reveals that there have been thatistory there have reveals leaders moments in time when the world’s and choices and peoples made fateful H

ticipants reaffirm their the commitment to r oday there is a global deterioration in respect in deterioration there is a global oday

While recognizing the of states While recognizing responsibility Pa T the is overwhelming evidence from par- There secure peace and security for their peace and security we peoples, secure for humanity and sometimes catastrophic. Mindful catastrophic. humanity and sometimes

ates. The implications of the “war on terrorism” The implications ates. espect and protect human rights. espect and protect he direction and implications of what has come to of what has come and implications he direction or the stability including that of all states, of or human rights caused by poverty, war, injustice, war, or human rights poverty, caused by to of this we, human rights defenders from 43 nations of this human rights from defenders we, gathered in Atlanta alarm because of our have at t as the terrorism”.be known “war against embarked on paths that were sometimes beneficial on paths sometimes thatembarked were to H f universality of human rights theiruniversality and express concern application by the at of consistent lack st f occupation, colonialism, racism, violence and sup- of democratic, economic, social and pression cultural rights. ticipants at this that laws, meeting emergency violations of international human rights standards the create and departures from do not rule of law security build to is to way The best security. r believe strongly that thesebe goals can only strongly believe causes of the the prob- addressing root by achieved lems that afflict humanity. Appendices 4. judicial systemsStrengthen inde- by ensuring ofthe 3. members End impunity that by ensuring 2. Create anenablingenvironment for human wider public. cations shouldbemadetransparent to the limited impli- duration. Such actions andtheir and fortional instruments purpose aspecific interna- should bedoneinfullaccordance with and mechanisms. law area humanrights ofinternational in the of judges andensure adequate judicialtraining appointmentandfunctioning pendence inthe treaties.human rights tions, aswell relevant asother international reserva- without Court Criminal International of Statute should immediately ratifythe states prosecuted Furthermore, for crimes. their and courts before civilandcriminal ordinary law are humanitarian broughtof international sible for violationsand humanrights forces andsecurity andciviliansrespon- military Rights Defenders t attention following to the particular con- rights shouldpay andviolence.States tion, threats protectionensure their from allforms ofretalia- ri ained in the 1998ained inthe UNDeclarationonHuman ghts defenders to carry out their work outtheir and ghts defenders to carry f. the right to privacy. right f. the to receive right e. the funding; d. freedom ofmovement; c. freedom ofassembly; b. freedom ofassociation; speech,a. freedom expression, ofthought, H information; to right communication andthe UMAN R IGHTS D FNESO THE ON EFENDERS T HE C ARTER 94 4. Review traditional strategies their to ensure that to widerpublic, educate3. effort the Make every 2. Highlight best andworst practiceby gov- both 5. Establish a fund for the support andlegal 5. afundfor support Establish the 1. vate sector to: We 5. Address root the causesofsocial, political,eco- C

international financial institutions. financial international r Unitedizations such asthe Nations and andabroadStates organ- aswell asinimportant defenders United andpolicymakers inthe build channels ofcommunicationbetween on key forum willbeto issues.Onegoalofthe foran opportunity developing strategic thinking fo lenges work. facingdefenders This intheir chal- toand meet assessparticular periodically Fo create aHumanRightsDefenders Policy and global basis.Specifically, we have to agreed each onaregional other ences, andsupport defenders to meet, buildcapacity, share experi- Develop for regular opportunities humanrights th defenders.human rights protectionsof humanrights work andthe of importance especially young people,about the f humanrights inthe andcorporations ernments and those who are forcedand those into exile. defence defenders ofpersecuted humanrights th curity and human rights violations; andhumanrights curity implement solutionsto long-term violence,inse- nomic andculturalproblems to and find ENTER egional multilateral organizations as well as ield.

call upon the wider civil society and the pri- widercivilsociety andthe call uponthe r ey are maximizing their abilitytoey are respond maximizingtheir to e challenges changing environment. ofthe r um will provide a vital support systemum willprovide and support avital um, which willwork onanongoingbasis F R NLNSOF ONTLINES F REEDOM Appendices REEDOM F ONTLINES OF R F eport to the General Assembly, as well the as well rec- eport the to Assembly, General he conclusions and recommendations of thehe conclusions and recommendations ENTER or the prompt and thorough review of the and thorough review gov- or the prompt ernment reports its special rapporteurs by and thatexperts, com- ensure to policies designed to withbat terrorism internationally consistent are human rights norms.accepted t of the Secretary-GeneralSpecial Representative in her 2003 on Human Rights Defenders r other multilateral ommendations made by bodies. into all agencies and departments all agencies multilater- of into Nations al bodies, in particular the United Program. Development with monitor- bodies, charged similar regional ing the of national implementation legislation, should cooperate counter-terrorism with the Office of the High Commissioner for institutions, Human Rights and similar regional f C 6. Pay particular attention and give full support particular and give to attention Pay 6. 4. Incorporate rights human 4. a commitment to and Committee Counter-Terrorism U.N. The 5. 95 ARTER C HE T EFENDERS ON THE D IGHTS R UMAN H , objectivity and impartiality, objectivity and necessary for implement the provisions of the they the treaties provisions implement

gional bodies in order to ensure the ensure autono- to order gional bodies in call upon the United Nations and regional Nations call upon the United hat they can more effectively encourage states encourage hat they effectively can more

to ratified, with the specific to have rec- attention thebodies ommendations issued by treaty aimed at correcting rights abuses. t tions submitted by the Special Procedures and the by Special Procedures tions submitted bodies that of multilateral high- Mechanisms human rightslight pressing concerns. my carrying out their Member states mandates. the func- the enable to obligation effective have of avenues bodies and provide tioning of such States also civil society. themaccess to for with that nec- should ensure these provided are carry to essary resources and adequate out their mandates. Strengthen international human rights protec- and Nations of thetion mechanisms United re

3. Strengthen the3. human rights bodies so treaty 2. Raise2. the of reports profile and recommenda- We 1. multi-lateral bodies to: bodies to: multi-lateral THE CARTER CENTER HUMAN RIGHTS DEFENDERS ON THE FRONTLINES OF FREEDOM

C. PARTICIPANT BIOGRAPHIES

Ms. Natalia Ablova (Kyrgystan) is the director of the domestic politics. He has served as a delegate to the 1991 Kyrgyz-American Bureau on Human Rights and Rule of Law. Madrid peace negotiations and as a member of the steering A journalist by trade, she has published articles on a variety committee that helped establish various Palestinian min- of human rights and political issues. She was formerly associ- istries. Additionally, since 1979, he has been a key advocate ated with the human rights society Memorial and the for increased attention to health care issues in Palestine. Democratic Movement of Kyrgyzstan. In 2000, together with Ms. Ashley Barr (U.S.) manages human rights and rule of other nongovernmental organization colleagues, she founded law initiatives at The Carter Center. The human rights office a new type of nongovernmental organization coalition called initiates interventions by President and Mrs. Carter in the Monitoring and Advisory Group, which functions as an response to human rights violations and undertakes projects aid and development watch. in collaboration with the U.N. high commissioner for human Ms. Maria Luisa Acosta (Nicaragua) is the coordinator of rights and other international partners. Ms. Barr has worked the Center for Legal Assistance to Indigenous Peoples, which with the Asia Foundation, the International Human Rights advocates the full legal rights of indigenous peoples. She Law Group, the National Democratic Institute, and PACT in served as legal adviser in a claim for demarcation of commu- Asia and Africa. nal lands before the Inter-American Commission of Human Mr. Juan Antonio Blanco (Cuba/Canada) is the director of Rights of the Organization of American States. She also international cooperation at Human Rights Internet. Blanco served as the coordinator of the technical committee of the was a professor of philosophy at the University of Havana coordinating commission for the Demarcation of Indigenous (Cuba), a Cuban diplomat and foreign policy analyst, and the Lands. executive director of the nongovernmental organization Ms. Salbiah Ahmad (Malaysia) is a human rights lawyer in Centro Felix Varela of Cuba. Malaysia and a founding member of Sisters in Islam, a Ms. Gillian Caldwell (U.S.) is the executive director of women’s rights organization based in Kuala Lumpur. Serving WITNESS, a global organization that advances human rights more than 15 years as a human rights activist, she has advocacy through the use of video and communications tech- addressed issues of women, law, and religion at the regional nology. In partnership with nongovernmental organizations and local level. Her current work focuses on human rights and activists, WITNESS assists its partners with creating and advocacy and the judiciary system with respect to human using video as evidence before courts and the United rights and Islam. Nations, as a tool for public education, and as a deterrent to Mr. Ghanim Alnajjar (Kuwait/Iraq) is a professor of politi- further abuse. cal science at Kuwait University, a U.N. independent expert Mr. Andres Cañizalez (Venezuela) is an investigator at the on human rights in Somalia, and a U.N. international con- Human Rights Center of Andrés Bello Catholic University sultant on human rights education. For the past 18 years,

Appendices and director of the Venezuelan Press and Society Institute. He Alnajjar has conducted numerous international investigative co-published the 2002 and 2003 Reports on the Freedom of missions. From 1988-1992, he was a member of the Amnesty Expression in Venezuela. Mr. Cañizalez is also an investigator International Mandate Review Committee in Iraq. for the annual report of the Venezuelan Education and Mr. Curt Arnson (Israel) is responsible for the expansion Action Program in Human Rights, focusing on the theme of and development of new programs at HaMoked: Center for the right to freedom of expression and information. the Defense of the Individual. HaMoked is an Israeli non- Mr. Santiago Canton (Argentina/OAS) is the executive governmental organization that offers free legal aid and director of the Inter-American Commission on Human Rights advocacy to Palestinian residents in the Israel-occupied terri- of the Organization of American States. Canton previously tories of the West Bank, Gaza Strip, and East Jerusalem served OAS as a special rapporteur for freedom of expression whose human rights are violated by Israeli military, security, and as the director of public information. Additionally, from police forces, or Israeli policy. 1994 to 1998, he was the director for Latin America and the Dr. Mustafa Barghouthi (Palestine) is the secretary of the Caribbean of the National Democratic Institute for Palestinian National Initiative (Mubadara), a recently estab- International Affairs. lished democratic opposition movement within Palestinian

96 THE CARTER CENTER HUMAN RIGHTS DEFENDERS ON THE FRONTLINES OF FREEDOM

Ms. Sandra Carvalho (Brazil) raises awareness of human sions on human rights in Vienna, the Conference on Human rights violations in Brazil through the national and interna- Rights Defenders in Dublin, and the international observa- tional press. She previously coordinated the Teotônio Vilela tion of elections in Sweden. Commission on Human Rights at the University of São Paulo Mr. Azizullah Gaziev (Uzbekistan) is a research fellow at and served as the executive secretary to the Commission on Princeton University. He is currently writing a policy paper Human Rights of the São Paulo Legislative Assembly. entitled “Muslim Republics of Central Asia: Governance as Ms. Iscra Chavez (Peru) is the founder and executive direc- Reflection of History, Culture, and Religion.” He previously tor of the Association for Life and Human Dignity, which is served as a political analyst for the International Crisis associated with the National Human Rights Coalition of Group, writing reports on the political and socioeconomic Peru. Founded in 1997, APORVIDHA is dedicated to the situation in the republics of Central Asia. He was detained defense of innocent people who have been unjustly charged for questioning by the Uzbek security forces because of his with terrorist crimes. democracy work, forcing him to flee Uzbekistan in August Ms. Ozlem Dalkiran (Turkey) is the founder, chairperson, 2003. and media spokesperson for Amnesty International’s Turkey Ms. Vrinda Grover (India) is an independent lawyer and office. She recently traveled to Baghdad, Iraq, as a member of also the portfolio manager of Human Security, Citizenship, an Amnesty International delegation researching the human and the Law at AMAN Trust. She currently coordinates a rights and the rule of law situation in the country. She is also legal aid cell and is engaged in research that critically exam- a member of Peace Initiative-Turkey, an anti-violence organiza- ines the criminal justice system. Her previous human rights tion working for peace and conflict resolution in the nation. work has focused on laws addressing violence against women Ms. Lorna Davidson (U.S.) is the senior associate of the and justice for victims of communal massacres. She also has Human Rights Defenders program for the Lawyers been associated with the first major trial in India under the Committee for Human Rights. Before joining the Lawyers Prevention of Terrorism Act. Committee, Ms. Davidson worked for the United Nations Dr. Ernest Guevarra (Philippines) is a community doctor war crimes tribunal at The Hague and as a legal researcher and organizer for a psychosocial rehabilitation program for and director of projects that investigated violations of inter- children affected by violence in the conflict zones of national humanitarian law committed in Kosovo. Meriadano, Philippines. He is a physician and human rights Mr. Serge Davidyants (Tajikistan) is the head of the activist who currently focuses on providing emergency med- Khujand branch of the Republican Bureau on Human Rights ical care to villagers caught in the conflict between the and Rule of Law in Dushanbe, Tajikistan. He was previously Philippine military and a fringe rebel group, ensuring that the local law expert for the U.N. Tajikistan Organization for hundreds of Muslims detained for alleged ties to terrorist Appendices Peacebuilding and a professor of international law and inter- organizations following Sept. 11, 2001, are given proper med- national human rights and humanitarian law at the ical treatment. Russian-Tajik Modern University for the Humanities. Mr. Sudarshana Gunawardana (Sri Lanka) is the program Ms. Ana María Díaz (Colombia) is the coordinator for coordinator of INFORM, a human rights documentation cen- investigations at the Colombian Jurists Commission, a ter in Colombo, Sri Lanka. He previously served as the project Columbian nongovernmental organization with U.N. consul- director for the Movement for Free and Fair Elections and as tative status. She also formerly served as an investigator of the training manager and legal officer for the Movement for economic, social, and cultural rights at the commission. The the Defense of Democratic Rights, focusing primarily on free objective of the commission it to promote human rights in and fair elections in Sri Lanka. He has been an election Colombia and contribute to the development of international observer, organizer, facilitator, and trainer for every election human rights and humanitarian rights. conducted in Sri Lanka during the past 10 years. Ms. Halina Drebezava (Belarus) is the chairperson of the Mr. Neil Hicks (U.K./U.S.) directs Human Rights First’s Association of Women Lawyers of Belarus, which is engaged Human Rights Defender program, which assists human in protecting the rights of women, ending domestic violence, rights advocates who have come under attack due to their and rendering free legal assistance to needy citizens. The work. Hicks also created and runs the new Middle East organization also participates in many international human Initiative, a project that assists local human rights defenders rights conferences and activities, including the OSCE ses- within the closed societies of the region. Hicks worked as a

97 THE CARTER CENTER HUMAN RIGHTS DEFENDERS ON THE FRONTLINES OF FREEDOM

researcher for the Middle East Department of Amnesty Development, an adviser on civil society to U.N. Secretary- International in London. He also has served as human rights General Kofi Annan, a director of the Center for Arab Unity project officer of Birzeit University in the West Bank. Studies, and secretary-general of the Arab Organization for Ms. Jaribu Hill (U.S.) is executive director of the Mississippi Human Rights. Workers’ Center for Human Rights in Greenville, Miss. She Mr. Ivan Ivanov (Bulgaria/Hungary) is the chairman of the devoted much of her earlier life to activism and song, later Bulgarian National Human Rights Organization and a undertaking legal studies and becoming a civil rights attorney human rights lawyer working for the Budapest-based as well. Shortly after earning her law degree, she organized the European Roma Rights Center, an international public inter- Southern Human Rights Organizers’ Conference in est law organization that monitors the situation of Roma and Mississippi, which led to the establishment of the Southern provides legal defense in cases of human rights abuse. From Human Rights Organizers’ Network. 1999 to 2000, he was a visiting scholar at Columbia Ms. Hameeda Hossain (Bangladesh) is a founding member University Law School in New York. of Ain o Salish Kendra, a legal aid and human rights organi- Ms. Hina Jilani (Pakistan/U.N.) is the U.N. special repre- zation based in Dhaka, Bangladesh. She is also a member of sentative to the secretary-general on human rights defenders. its executive committee. Hossain currently edits Human Rights She has practiced law since 1979 and opened the first in Bangladesh, an annual report published by ASK. She began women’s law firm in Pakistan in 1980. She specializes in her career in publishing and editing, starting off as editor of human rights litigation, specifically the rights of women, chil- Forum, a political weekly that was banned by the Pakistan dren, minorities, and prisoners. She has conducted several army in 1971. She also has written extensively on women’s cases that have become landmarks in setting human rights rights, particularly on workers in garment export factories, in standards in Pakistan. She was a founding member of the handicraft production, and migrant workers. Human Rights Commission of Pakistan and the Women’s Ms. Rana Husseini (Jordan) received a Reebok Human Action Forum. Rights Award in 1998 for her investigation into “honor Ms. Tanya Lokshina (Russia) is the executive director of the killings,” where women are slain by family members as pun- Moscow Helsinki Group, the oldest human rights organiza- ishment for perceived immorality. Defying cultural taboos tion active in Russia today which monitors the compliance of and threats to her life, she reported that honor killings actu- the U.S.S.R. with the Helsinki Accords. Human rights moni- ally account for the majority of murders in Jordan every toring remains MHG’s priority to this day. Lokshina has year. Since writing about honor killings, she has continued to coordinated a range of monitoring and educational programs. speak out about violence against women in her nation, receiv- She also has drafted and edited numerous publications on var- ing worldwide attention for her efforts. ied human rights issues, including a series of the Moscow Ms. Hauwa Ibrahim (Nigeria) is the 2003-04 Humphrey Helsinki Group called “Human Rights in Russian Regions.” Fellow for American University College of Law in Ms. Helen Mack (Guatemala) is the executive director of Washington, D.C. She recently served as a pro bono defense the Myrna Mack Foundation, an organization dedicated to Appendices counsel to Amina Lawal, a woman sentenced to death by defeating impunity and defending human rights in stoning for having a child out of wedlock in Nigeria. Since Guatemala. Helen’s tireless efforts have led to harassment, 1999, she has been defense counsel in more than 40 Shari’ah persecution, and death threats. In addition to presiding over related cases. Prior to her work on Shari’ah legal cases, Ms. the foundation, Mack is a member of the Commission for the Ibrahim served as a prosecutor and defense counsel for the Strengthening of Justice, which makes recommendations for Ministry of Justice in Bauchi state, Nigeria, and as a senior reform of the judicial system. partner at the Aries Law Firm in Abuja, Nigeria. Mr. Tom Malinowski (U.S.) is the Washington advocacy Mr. Saad Eddin Ibrahim (Egypt) is a professor of sociology director for Human Rights Watch. Prior to joining Human at the American University in Cairo who has faced govern- Rights Watch, he was special assistant to President Bill ment harassment and persecution for speaking out on the Clinton and senior director for foreign policy speechwriting at human rights situation in Egypt and the Middle East. He has the National Security Council. From 1994 to 1998, he was a served as the secretary-general of the Egyptian Independent speechwriter for Secretaries of State Christopher and Albright Commission for Electoral Review, as a member of the World and a member of the State Department Policy Planning Staff. Bank’s Advisory Council for Environmentally Sustainable

98 THE CARTER CENTER HUMAN RIGHTS DEFENDERS ON THE FRONTLINES OF FREEDOM

Mr. Omar Mestiri (Tunisia) has worked to end the torture of Mr. Vitaly Ponomarev (Russia/Turkmenistan) is the director individuals through the Tunisian League for the Defense of of the Central Asian Program at the Memorial Human Rights Human Rights since 1981 and the Tunisian section of Center. He currently researches the political and human rights Amnesty International since 1994. In 1998, he also co-found- situation in ex-Soviet Central Asian countries, such as ed and became the secretary-general of the National Council Uzbekistan and Turkmenistan. Following his involvement in for Liberties in Tunisia, which manages the project “Campaign the democratic movement during the perestroika period in the for the Eradication of Torture.” For his work in this area, U.S.S.R., he went to work for Panorama Information Group Mestiri has endured constant harassment and repression from and the Central Asian Human Rights Society. state forces, including deprivations of his passport, phone Mr. Bertrand Ramcharan (Guyana/U.N.) was the U.N. act- lines, police surveillance, and having his phone lines and ing high commissioner for human rights and previously Internet lines cut and interrupted. served as the deputy high commissioner for human rights and Mr. Willy Mutunga (Kenya) is an advocate of the High Court assistant secretary-general of the United Nations. During his in Kenya. A committed activist in the democracy movement in 30 years of service to the United Nations, Ramcharan has Kenya since the 1970s, Mutunga was executive director of the worked as a special assistant to the director of the Centre for Kenya Human Rights Commission, a member the National Human Rights, as the chief speechwriter for the secretary-gen- Convention Executive Council, and a director of the board of eral, and as a political adviser to the peace negotiations in the the International Center for Human Rights and Democratic Yugoslav conflict. Development. He also has served as a member of the December Ms. Karin Ryan (U.S.) was the assistant director for human Twelfth Movement, a political detainee of the MOIKANU rights at The Carter Center until 2000 and is now a senior regime, and chairman of the Law Society of Kenya. adviser for the human rights defenders initiative. She represent- Mr. Rachland Nashidik (Indonesia) is the co-founder and ed the Center in negotiations to draft the U.N. Declaration on program director of IMPARSIAL — The Indonesian Human Human Rights Defenders and was an expert member of the U.S. Rights Monitor. He was the only Indonesian human rights delegation to the Commission on Human Rights in 2000, where defender who spoke at the U.N. 4th Special Session on East she represented the United States in negotiations to create the Timor, in which he demanded that an international tribunal mandate for the special representative to the secretary-general on be created to try the Indonesian army generals responsible for human rights defenders. crimes against humanity. Under the Soeharto dictatorship, Dr. Sima Samar (Afghanistan) is responsible for the estab- Nashidik was forced to live in exile in the Netherlands lishment of both the Afghan Independent Human Rights because of his peaceful political activities. Commission, of which she is currently chair, and the

Mr. Martin O’Brien (Northern Ireland) is the executive Ministry of Women’s Affairs. From December 2001 to June Appendices director of the Committee on the Administration of Justice, 2002, Samar was deputy prime minister and minister of Northern Ireland’s leading human rights nongovernmental women’s affairs for the Afghan interim administration. In organization. O’Brien was particularly active in securing 1989, Dr. Samar founded and continues to direct the strong human rights protections in the historic Good Friday Shuhada Organization, which provides education, health, Peace Agreement. In recognition of his contributions to the construction, relief, and training programs for the benefit of peace process in Northern Ireland, his organization was the Afghan people, with specific focus on the empowerment awarded the prestigious Council of Europe Human Rights of women and girls. Prize in June 1998. O’Brien won the Reebok Human Rights Ms. Mandira Sharma (Nepal) is the executive director for Award in 1992. Advocacy Forum, an organization founded by a group of Mr. Charles Onyango-Obbo (Uganda) is the owner and man- lawyers in Nepal that monitors police custodies, analyzes aging editor for media convergence and syndication for the Nation instances of torture and illegal detention, and documents Media Group in Nairobi, Kenya. Prior to his work with the human rights violations such as extrajudicial killings and dis- Nation Media Group, Onyano-Obbo was the managing editor of appearances. The forum brings cases to the national courts The Monitor, Uganda’s only independent daily newspaper. and the international realm, utilizing U.N. mechanisms, and Throughout his journalism career, he has been arrested several provides free legal aid to victims of human rights violations in times for his outspoken advocacy of democracy and governmental hope of bringing the perpetrators to justice and breaking the transparency and has been taken to court more than 120 times. cycle of state impunity.

99 Appendices ta r specialexecutiveas the highcommissionerfor to the human United the senior positionswithin Nations, includingserving N Mr. ÉricTistounet (U.N.) of Foreign Affairs. ta V transitionteam forOrganizations inthe then-President-elect SocialConvergenceas adviserto the Working Group for Civil ambassador for anddemocracyinMexico humanrights dential electionin70years, henominated herasspecial Human Rights.WhenPresident Fox free won first presi- the Mexican Commissionfor Defense the andPromotion of Ms. MariclaireAcosta Urquidi(Mexico) anddetentions. arrests arbitrary after r inZimbabwe.facing persecution 500human More than ing free emergency defenders to legalassistance humanrights r t (Zimbabwe) Mr. ArnoldTsunga of Europe. N Unitedofficer. Hebeganhisdistinguished the career with he Zimbabwe Lawyers for HumanRights. Currently, Tsunga ights, special assistant inchargeights, specialassistant ofchange management, secre- ights defenders caseshave in2003alone beendealtwith uns the HumanRightsDefenders ZLHR,offer- Projectuns the with icente Fox. deputysecre- Shewasrecently dismissedasthe ations CommissiononHumanRights.Hehasheldmany ations in1987 working after for Council two the years within ry ry

f of the Human Rights Committee, and external relations HumanRightsCommittee, andexternal of the or human rights and democracy at the MexicanMinistry anddemocracyatthe or humanrights H UMAN R IGHTS is the secretary of the United ofthe secretary is the is the executiveis the director of D FNESO THE ON EFENDERS f ounded the T HE C ARTER 100 K Mr. Yevegeniy Zhovtis(Kazakhstan) EveChristmas United andexiledto the States. 1 hereceiveding to anoppositionparty. establish Although a democracy activities.Hewasimprisoned againin1998 for try- beingreleased After 12journal. years later, hereturned to his political on charges anunauthorized accusinghimofprinting prominent imprisoned in1981 Chinesedissident,hewasfirst Institute for StudiesatBrown International University. A Mr. XuWenli (China) system. prison Liberian new generation ofjudges andlawyers soasto reform the andinstituted to aprogram traina country situation inthe Leone.WoodsSierra usedJPCto humanrights monitor the Foundation andthe forLiberia Dignityin International Justice andPeacedirector Catholic ofthe Commissionin (Liberia) Mr. SamuelKofi Woods OSCE, European Parliament, andU.S. Congress. government, organizations,includingthe andinternational K Democratic Forces andhasrepresented inKazakhstan K oflaw rule in andthe transformation, humanrights, of Law, which draws attention to democraticandeconomic 3-year sentence, past hewasreleased from this prison C azakhstan International Bureau International forazakhstan HumanRightsandRule azakhstan human rights organizationsbefore humanrights azakhstan parliaments, Forum of ofthe Zhovtisco-chairman azakhstan. isalsothe ENTER F R NLNSOF ONTLINES is aseniorfellow Watson atthe F REEDOM is the former national is the is the directoris the ofthe Appendices REEDOM F LIPPINGS C ONTLINES OF rsistent complaints from the International from complaints rsistent R eports by respected news media outlets that some media outlets news eports respected by learned from these nonviolent activists that U.S. poli- activists that U.S. these nonviolent learned from the disturbing findings with the share decided to The secretary of defense's declaration, expressing The secretary of defense's declaration, Pe R F

mber 2003 the Carter Center brought together leaders of together mber 2003 the Carter brought Center These American decisions had an immediate global These American decisions had an immediate We We ■ ■ ■ rse decades of progress toward freedom, with many lead- with many freedom, toward rse decades of progress ENTER S. prisons in foreign countries. S. prisons in foreign ve atch, Human Rights First (formerly the Lawyers Committee the Lawyers Rights First (formerly Human atch, ove C atriot Act, that undermine democratic principles and the Act, that undermine democratic atriot eports that in some countries the U.S. government has eports government that in some countries the U.S. Committee of the Red Cross about prisoner abuse in several about prisoner Cross Red of the Committee U. official policy, that Geneva Convention restraints would not restraints Convention that Geneva official policy, of involvement of prisoners suspected interrogation apply to activities. in terrorist Saudi Syria, Egypt, being sent to were accused terrorists be thought to torture was where countries or other Arabia information. as a means of extracting acceptable human rights from requests urgent to In response impact. de Vieira Sergio countries, the late many defenders from and I Human Rights, High Commissioner for Mello, U.N. a repre- from hear directly to that it would be helpful agreed After group. death in sentative the high commissioner's tragic Annan appointed Kofi Secretary General last August, U.N. Iraq and in serve co-chair, to as my Bertrand Ramcharan N human rights and democracy movements from 41 nations. 41 from movements human rights and democracy and even governments abusive giving license to cies are dissent and out legitimate stamp to established democracies re rights commitments. human previous from ers retreating of being and journalists told doctors professors, Lawyers, often criticizing a government merely for labeled as terrorists, policy or carrying disturbing are out their daily work. Equally r based on the USA laws, counterterrorism pushed regressive P by being challenged Some American policies are rule of law. courts, of such and the federal Congress but the reversal and legislative in countries where policies is unlikely troubling well developed. not and balances are judicial checks media and public officials. a one-hour round- In addition to participants Human Rights table discussion on CNN, from W 101 ARTER C HE T TEMENTS AND TA EFENDERS ON THE S D RESS IGHTS R D. P UMAN

H Extended incarceration of arbitrarily detained men of detained of arbitrarily incarceration Extended at detained Civilians and soldiers arbitrarily

Immediately after Sept. 11, 2001, many traumatized and traumatized many 2001, after 11, Immediately Sept. the of human rights were nations, defenders But in many specific, call- quite were Some of their recommendations concerns were: Some prominent ■ ■ ensure that additional human rights embarrassments will that additional human rights embarrassments ensure

not befall the United States, we must examine well-known, we must examine States, befall the United not lowered policies that have U.S. and broad-based high-level basic human rights. our nation's commitment to approach new Washington's citizens accepted fearful U.S. honor continue to with confidence that our leaders would and human rights standards. agreements international and interna- of these changes, consequences feel the first to deep began expressing tional humanitarian organizations military U.S. and gov- high-level and to other each concern to ernment officials of the new impact about the adverse reports of actual abuses. promulgate American policies, and to detention of U.S. independent monitoring vigilant ing for guide- Convention of Geneva facilities and strict enforcement of describing the impact general, more lines. Others were and human rights these policies on defenders of freedom been have of concern the world. These expressions around of prisoner photographs when until recently, mostly ignored of Americans finally see some of the consequences abuse let human terms. policies in graphic, our government's May 14, 2004 14, May JIMMY CARTER To Scandal in Iraq Scandal The Washington Post The Washington of a Rights The Seeds Middle Eastern origin living in the United States -- deprived of -- deprived States origin living in the United Middle Eastern with charged their families, and never or to lawyers access to a crime. legal counsel or Cuba, without access to Guantánamo Bay, crime. The secretary of defense with any being charged if tried even could be held indefinitely announced that they be innocent. to and found Appendices democracy movements represent ourbesthopefor asafer no significantreforms atthehighestlevels ofourgovernment. the problem. Assubsequent events have revealed, there were t lis- with specificproof andhumanexperiences. Theseofficials the protection offreedom andhumanrightswas described with editors oftheNew York TimesandThePost. the Center for Strategic andInternational Studies andmet legislative inaforum leaders.Thegroup at alsoparticipated re ofDefensePaulDeputy Secretary D.Wolfowitz; theundersec- Egypt, Kenya andLiberiawentto Washington andmet with f or Human Rights), the Carter Center,or HumanRights),theCarter anddefendersfrom ened attentively andpromised to considerways to alleviate tary of state for global affairs, Paula ofstate Dobriansky;and for globalaffairs, tary In many countries,theleadersofhumanrightsand In each case,theadverse impact ofnew U.S. policieson H UMAN R IGHTS D FNESO THE ON EFENDERS T HE C ARTER 102 on offreedom andhumanrights. with international standards oflaw andjustice. detentions andother executive functions;andstrictcompliance the public'srightto information; judicialandlegislative review of on governments' of excessive powers; reassertion surveillance needed intheUnited States andelsewhere, includingrestrictions —not undermine—them. support and theUnited States mustmake long-term commitmentsto defenders onthefront linesoffreedom are ourreal allies, e and more justworldinwhich fewer peoplewillsuccumbto Center in Atlanta. The Center's current report on human on report current Center's The Atlanta. in Center xtremism fueledby hatred andfear. Thesehumanrights C rights defenders is available at www.cartercenter.org. at available is defenders rights ENTER Former President Carter is chairman of The Carter The of chairman is Carter President Former The United States mustregain itsstatusasthechampi- In theinterests ofsecurityandfreedom, basicreforms are F R NLNSOF ONTLINES F REEDOM

Appendices AP/WIDE WORLD PHOTOS WORLD AP/WIDE REEDOM F ONTLINES OF R F The United States is very States important because whatever The United ENTER mer President Jimmy Carter Jimmy makesmer President a critical point “Our country still protects the rights of people like me and the rights of people like “Our country still protects “ human a safe harbor for remains Carter said the U.S. iversity in Cairo who has been persecuted for his work, said for been persecuted who has in Cairo iversity r ashington and New York to present recommendations to the to recommendations present to York and New ashington .S. Secretary of State’s office Nations. and the United .S. Secretary of State’s C rights compared to other countries. He pointed out that free pointed countries. He other to rights compared himself, those who, like for even is still championed, speech policies. criticize government a to he said, referring bring up these principles,” to Al Gore in which Sunday, delivered vice president the former speech to attacks 11 House is using the Sept. he said the Bush White justify an offensive and liberties. against American freedoms Carter said representatives from the conference will travel to will travel the conference from Carter said representatives W U at the American a professor activist Saad Ibrahim, Egyptian Un criticism, but for be singled out should not States the United of the globe. the rest over a long shadow actions cast that U.S. said all over,” does has repercussions States the United after years fraud exposing seven jailed for who was Ibrahim, “Every in the world election process. dictator in the Egyptian has done under the Patriot States is using what the United to justify their past violations of human rights and Act...to human rights.” violate continue to a license to declare REPRINTED WITH PERMISSION OF THE ASSOCIATED PRESS REPRINTED WITH PERMISSION OF THE ASSOCIATED Fo conference. Center’s at the 103 ARTER C ld. or HE T he w ound t EFENDERS ON THE ts ar D ws outle IGHTS R han 45 ne e t UMAN ed in mor H int rney General John Ashcroft General that the 2001 rney has argued epr endees planned to craft what on Tuesday was being called was craftendees planned to what on Tuesday to t y r ceived human rights violations by the United States during States the United rights violations by human ceived Activists say some governments are using those laws to using those laws are some governments Activists say Opening a conference of international human rights work- of international Opening a conference of terrorism of hundreds detention the indefinite He cited because this is a violation of the basic charac- this “I say laws II-era War World has cited The Bush administration At at The Carter began Tuesday which The conference, At r her activists said Tuesday. or .S. immigrants — many of whom were held for months with- held for of whom were — many .S. immigrants atriot Act — which the administration is asking Congress to is asking Congress the administration Act — which atriot t xpand further — has helped the Justice Department prevent The Atlanta Declaration” — a document calling for renewed — a document calling for Declaration” The Atlanta er of my country and it’s very disturbing to me,” Carter said. country very me,” er of my disturbing to and it’s crack down on dissidents and human rights defenders. down crack “ human rights as nations craft laws. to attention anti-terrorism ers, Carter civil liberties of has said the erosion in the U.S. violate inclined to nations who are to a blank check “given human rights already.” base in Navy Afghanistan at the U.S. suspects from 1,200 of roughly roundup 11 Guantanamo and a post-Sept. U crime. with any charged out being formally t for- whether consider Court to The Supreme Monday agreed access to should have base in Cuba eigners held at the Navy American courts. wartime during prisoners detained have stating that foreign courts. access federal no right to than 40 human rights activists from more attracted Center, acting High Nations the world, including United across Human Rights BertranCommissioner for Ramcharan. the war on terrorism could allow dictators in other nations to in other dictators could allow on terrorism the war Carter Jimmy and President abuses, former justify their own ot attacks. terrorist more P e Pe By DOUG GROSS, Associated Press Writer By DOUG GROSS, Associated S Carter: U.S. human rights missteps Carter: U.S. dictators embolden foreign The Associated Press State & Local Wire Press State The Associated 2003 11, November THE CARTER CENTER HUMAN RIGHTS DEFENDERS ON THE FRONTLINES OF FREEDOM

FOR IMMEDIATE RELEASE CONTACT: Kay Torrance Wednesday, Nov. 12, 2003 404-420-5129 REMARKS BY FORMER U.S. PRESIDENT JIMMY CARTER ON THE BACKSLIDING OF HUMAN RIGHTS

ATLANTA…. At a conference co-sponsored by The Carter and has become excessively constrained in his defender’s Center and the U.N. High Commissioner for Human Rights, role by the influence of nations that are often human rights representatives from 43 nations assembled to discuss key oppressors. The U.N. special representative to the secretary- challenges that adversely affect their work as human rights general on human rights defenders has inadequate staff and activists. This was an assembly of human rights defenders, lacks assured operating expenses adequate to perform her many of whom have been tortured, imprisoned, and other- duties. Other regional human rights bodies also lack inde- wise abused by their own governments because they have pendence and/or appropriate funding to fulfill their attempted to defend freedom and justice. mandates. There was a general consensus that the unconscionable These are some typical comments about specific coun- terrorist attacks on the World Trade Center in September tries or the pattern of crisis that has worsened as a result of 2001 have precipitated policy changes in the United States the war on terror: and other nations that seriously threaten the defenders of “Since 9/11 my own government has cracked down. 1500 human rights and the causes for which they continue to risk detainees are being held without legal counsel, and many their lives and safety. have been tortured. Others have simply disappeared. Legal The imprisonment of more than 1000 foreign nationals courts now have minimal authority.” and American citizens who seemed to be Muslims or Arabs Appendices and the holding in Guantánamo of 600 prisoners captured in “The new security policy has meant a tendency toward the Afghanistan, all without knowledge of the allegations against legalization of paramilitary groups. The government is propos- them, the right to legal counsel, or the ability to communi- ing to grant impunity to these groups for the war crimes and cate with their families was severely condemned as an crimes against humanity they have committed. In punishing unprecedented encroachment on civil liberties. Of even any dissidents who condemn government policies, paramili- greater concern was the impact of these U.S. policies and tary groups are now legalized, and the military is given some elements of the Patriot Act on the policies of many impunity for war crimes and genocide.” other government leaders who now assume that, with relative “Many civil conflicts have been engendered during the past impunity, they can brand their critics as terrorists and punish two years, between potentially oppressive governments and or intimidate them accordingly. any of their citizens who dare to be critical. In some cases, It was also felt that the U.N. high commissioner for this has just been a more overt exposure of existing differ- human rights lacks adequate autonomy and assured funding ences that already existed.”

104 Appendices REEDOM F ONTLINES OF R F ENTER C 105 ARTER C HE T EFENDERS ON THE D IGHTS R UMAN H emphasize human rights anymore? We’re in a global We’re human rights anymore? emphasize

e must remember that security and the rule of law are not are and the rule of law that security e must remember hy ou cannot control terrorism by constraining human rights. constraining by terrorism control ou cannot rism” to end. One leader asked in an international forum, in an international end. One leader asked rism” to ar against terrorism.’” ar against terrorism.’” ar on terrorism? There is a new security bill before our par- security bill before is a new There ar on terrorism? Will human rights organizations be the next victims of the be the next Will human rights organizations The protection role of United Nations human rights agencies Nations of United role The protection The value of previously ratified human rights treaties is rap- human rights treaties ratified of previously The value These fervent concerns have precipitated the following precipitated These fervent have concerns reemphasize is designed to which of Atlanta,” “Declaration the importance commitment. of human rights as a global “ is on the wane.” “Recently there have been four intercessions or rulings by the or rulings by intercessions been four have there “Recently all been Inter-American Court have of Human Rights. They ignored.” “In my country, “terrorist” has replaced “communist” as the has replaced “terrorist” country, “In my on us.” military justify their attacks used by to epithet oppressors “ idly dissipating.” w “Many oppressive governments never want the “war on ter- the “war want never governments oppressive “Many ro ‘W In responding to terrorism by oppression of human liberties,oppression by terrorism to In responding terrorism.” escalated greatly incite governments “Y liament, based on the U.S. Patriot Act, which contains Act, which Patriot liament, based on the U.S. draconian the state and gives unconstitutional provisions of our human rights effort.” It could be the death powers. “ w incompatible, but judiciaries are being weakened and prece- being weakened but judiciaries are incompatible, military by problems resolving to dence is being given and democracy. peace commitments to means, abandoning has there States, in the United attacks Since the terrorist and civil justice, with arbi- of due process been a derogation exclusion the absence of fair trials, and the trary detentions, that human rights this, we realize of legal counsel. Despite non-violent.” defenders must remain “W THE CARTER CENTER HUMAN RIGHTS DEFENDERS ON THE FRONTLINES OF FREEDOM

FOR IMMEDIATE RELEASE CONTACT: Kay Torrance Wednesday, Nov. 12, 2003 404-420-5129 HUMAN RIGHTS LEADERS ADVOCATE URGENT REPEAL OF COUNTERTERRORISM LAWS THAT INFRINGE HUMAN RIGHTS

ATLANTA…. Governments must repeal urgently all “Some governments accuse human rights defenders counterterrorism and emergency legislation that of being terrorists themselves as a result of their work to infringes upon the work of human rights defenders, con- expose human rights violations,” said Karin Ryan, cluded prominent human rights defenders gathered at human rights advisor to the Center. The Carter Center today to address the troubling back- The activists called for the human rights programs of sliding on human rights since the beginning of the war the United Nations and other international bodies to be on terrorism. strengthened to ensure the autonomy and impartiality Human rights activists from 41 countries joined for- needed to monitor and report on violations without mer U.S. President Jimmy Carter, U.N. Acting High undue political influence. Commissioner for Human Rights Bertrand Ramcharan, “There was a general consensus that the uncon- and U.N. Special Representative to the Secretary- scionable terrorist attacks of September 2001 have General on Human Rights Defenders at the Nov. 11-12 precipitated policy changes in the United States and conference. The defenders wrote the “Atlanta other nations because of pre-occupation with the use of Declaration” with concrete proposals that will be pre- force as the sole means to combat terrorism,” President

Appendices sented to U.S. and other policy-makers. Carter said. “This is leading to an alarming erosion of “The dangers for human rights defenders are grow- the rule of law in established and emerging democra- ing,” said Ashley Barr, the Carter Center’s senior cies and giving comfort to undemocratic governments program associate for human rights. “Governments in that previously were the subject of intense pressure on all regions of the world are increasingly taking measures their human rights policies.” designed to criminalize those who challenge repressive policies.”

106 Dedication : REEDOM ELLO F M RESIDENT .S. P U ONTLINES OF R IEIRA DE F V ENTER C ARTER C ORMER 107 ug. 2003 A ARTER F

C 19 ERGIO HE S T IMMY J EFENDERS ON THE D EATH OF IGHTS R D TEMENT FROM

his report is dedicated to the to his report memory Arthur de Mello, is dedicated C. Helton, Vieira of Sergio in the theirand other who lost human rights terrorist lives attack heros in Baghdad, thousands as the rights of human defenders as well 2003, many 19, Iraq, on August TA HE UMAN colleagues of those who sacrificed their today. lives

T ANTA, GA... I was shocked and dismayed to hear of the death of Sergio Vieira de Mello hear of the to death of Sergio Vieira and dismayed I was shocked GA... ANTA, Sergio Vieira de Mello, the international dedicated civil servants,Sergio Vieira and the Iraqi citizens who He served where others would not or could not and was sent on the toughest missions and was sent on the or could not He served toughest not others where would He represented the veryservice of standards He represented highest the to international community and king to save succeeding generations from the scourge of war and to reaffirm the of war and to from scourge succeeding generations faith in funda- save king to H L r N. osalynn, and I, and the staff the of The Cartergrief share friends, Center the and of families, A S heir broken dreams, while performing dreams, with critical Refugees, roles theheir broken High Commissioner for U. Charter, Nations did so pursuing the the noble goals of the to died today United preamble wo in peacekeeping missions around the world, and as the High Commissioner for Human Rights. and as the the for High Commissioner missions around world, in peacekeeping those missions. My wife, accomplish knew it could count on him to Nations because the United R mental human rights. AT international servants civil and his fellow today. earlier serving to his life theirmankind. He dedicated others, alleviate suffering seeking to and repair t T his death, Before freedom. our collective fighting died while for who have thearound world with human rights, worked as high commissioner for de Mello, in his capacity Vieira Mr. they Carter the shape which to President themes of this conference, Human Rights Defenders 2003. in November co-chair to intended Carter Center illnesses. and strived stigma to against mental diminishthe andAfrica; diseasesinLatinAmerica unnecessary worldwide; to prevent intervened tional conflicts mediated orworked to prevent civilandinterna- production in15 countries; grain African or triple double helpedfarmers elections in23countries; A toand teaching increase crop farmers production. preventing diseases;improving care; health mental racy, andeconomicopportunity; humanrights, advancingdemoc- by resolvingcountries conflicts; helped to improve life for 65 peopleinmore than Center has organization,the A nongovernmental U Emory his wife, with Rosalynn, inpartnership 1 Overview: 982 by former U.S. President Jimmy and Carter niversity, worldwide. to advancepeaceandhealth ccomplishments: H UMAN The Carter Center wasfoundedThe Carter in T HE R The Center has observed 45 The Center hasobserved IGHTS C ARTER D FNESO THE ON EFENDERS T HE C C NE TA AT ENTER ARTER 108 Staff: (404) 331-3942. R and operated National by the Archives and Center,and Museum,which adjoinsthe isowned of downtown TheJimmy Library Atlanta. Carter Location: special events. For information, (404)420-5112. retreatsdings, corporate andmeetings, andother facilitiesareChapel andother available for wed- F t by U.S.Contributions citizensandcompanies are national development agencies. assistance andinter-individuals, foundations, corporations, by donationsfrom private organization, financed Donations: Budget: ax-deductible asallowed by law. C acilities: ecords Administration public. andisopento the ENTER 1 F 50 employees, inAtlanta. basedprimarily R $36 million2002-2003operatingbudget. NLNSOF ONTLINES In a35-acre about1.5 park, mileseast The nondenominationalCecilB.Day The Center is a 501(c)(3) charitable G LANCE F REEDOM SPECIAL CONFERENCE SERIES H UMAN R IGHTS

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