SPECIAL CONFERENCE SERIES H UMAN R IGHTS HUMAN RIGHTS DEFENDERS D EFENDERS ON THE ON THE FRONTLINES OF FREEDOM PROTECTING HUMAN RIGHTS IN THE CONTEXT OF THE WAR ON TERROR F RO NTLINES OF F REEDOM ONE COPENHILL 453 FREEDOM PARKWAY ATLANTA, GA 30307 (404) 420-5100 ◆ FAX (404) 420-5145 WWW.CARTERCENTER.ORG 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 ONE COPENHILL 453 FREEDOM PARKWAY ATLANTA, GA 30307 (404) 420-5171 FAX (404) 420-5196 WWW.CARTERCENTER.ORG 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 consid- ered it to be very important to assess new challenges facing those on the front- line 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 con- cerning 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. 3 THE CARTER CENTER HUMAN RIGHTS DEFENDERS ON THE FRONTLINES OF FREEDOM 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 THE CARTER CENTER HUMAN RIGHTS DEFENDERS ON THE FRONTLINES OF FREEDOM Preface The leaders of the United States and Britain The participants were in broad agreement have taken the world into a war in Iraq that they that recent actions by the United States, say is necessary to promote freedom and democracy traditionally a great champion of human in the Middle East, and they claim that this effort will help spread freedom throughout the region. rights, were being manipulated and abused It is difficult to reconcile this idea with the reali- by opportunistic governments to serve their ties presented to us by the world’s foremost experts own interests. There was consensus that the on democracy and freedom — those who are on work of promoting democracy and human the frontlines of this movement throughout the rights