PANTONE 144 PANTONE 144 Annual Report 2009 Contents/Foreword Foreword Table of contents Human rights defenders are key actors in the rule of law, Foreword 2 the struggle against impunity and the establishment of democracy in any society. They sometimes have to work Focus clandestinely, often at the risk of their own lives and “off the radar” of mainstream media. Israel Carías assassination trial: hints of justice in Guatemala 4 2009 has been another very challenging year for human rights defenders. Unfortunately, the number of “The lack of legal support for the agrarian struggle is a major problem”, cases of harassment, threats, forced disappearances interview with Claudia Samayoa, and assassinations remained very high over these director of UDEFEGUA 6 twelve months. In Colombia, defenders have deliberately been accused of Protection collaborating with guerrillas, leading to systematic What is a Protection Desk? 7 stigmatization, noted by UN Special Rapporteur on the situation of human rights defenders Margaret Sekaggya AFricA as one of the essential causes for defenders’ insecurity in dr congo: Journalists and human the country. In Burundi, Ernest Manirumva, a prominent rights defenders in danger 8 defender from the anti-corruption organization uganda: Sexual minorities OLUCOME, was stabbed to death at his home in April defenders at risk 10 and his colleagues who led the campaign “Justice for uganda: 10 years after Ernest Manirumva” consequently received serious death Johannesburg, challenges remain 12 threats. In the neighbouring Democratic Republic of the Congo, impunity prevailed for the murders of the LAtin AmericA journalists Serge Maheshe, Didace Namujimbo, Bruno Honduras: E-Defenderh, a new space Cirambiza and the human right defender Pascal to protect human rights defenders 13 Kabungulu. The aftermath of the military coup against colombia: A campaign for the Manuel Zelaya in Honduras was marked by heavy right to defend defenders 14 repression against demonstrators and media, whilst defenders in Sri Lanka faced tremendous difficulties due Asia to emergency and anti-terrorism laws preventing citizens sri Lanka: Limiting freedoms to enjoy fundamental rights and freedoms. in a post-war environment 16 These are just a few examples of the abuses suffered by nepal: Protection in a country defenders in some of the countries where Protection in transition 17 International runs its global protection programme, Protection and security for HRDs dedicated to advising defenders on improving their in Thailand 18 security and to the fulfilment of national and international obligations regarding their protection. AdvocAcy Whilst the above-mentioned methods of harassment Protection through advocacy are quite evident, some governments have also on the EU Guidelines 20 developed less visible techniques to muzzle defenders. PubLicAtions In Uganda for instance, MP David Bahati introduced the draft anti-homosexuality bill, which seeks to New publications 22 heavily criminalize homosexuals and to prohibit what Best practices: A study on national has been named the “promotion of homosexuality protection mechanisms 23 through advocacy work”. In addition to a serious FinAncial rePort 25 violation of the fundamental right to sexual orientation, this represents a clear threat to the internationally recognized right for human rights defenders and their 2 Foreword organizations (in particular LGBTI defenders) to Between September 2008 and December 2009, defend all human rights. Protection International’s five Protection Desks (Nepal, This tendency to criminalize and restrain defenders’ Guatemala, Uganda, Colombia and DR Congo) activities through repressive measures taken by the delivered security and protection trainings to 1,478 executive, legislative or judicial powers is increasing defenders. They also provided continuous advice to in several countries, for example in Latin America. To more than 600 defenders and their organisations from address this worrying trend and develop preparation more than twenty countries from all over the globe. and prevention strategies, Protection International’s Through its advocacy programme, Protection partner - UDEFEGUA (Unit for Protection for International emphasized the fact that the primary Human Rights Defenders in Guatemala) and Aj Noj responsibility to protect HRDs lies with States and key - Protection Desk Guatemala (a project jointly run stakeholders, either in their own territories or through between UDEFEGUA and Protection International) their foreign policies and diplomatic missions. organized an international forum on the Throughout the year 2009, Protection International’s criminalization of HRDs in November 2009. work in this area aimed at reinforcing preventive action. Throughout 2009, Protection International continued Besides, PI collaborated with the European Union its activities in the areas of capacity building on Missions in developing and setting up their local protection and security, research, advocacy and implementation strategies of the EU Guidelines on video-advocacy, publication of manuals and human rights defenders. In order to increase pressure dissemination of tools and information through its from parliamentary bodies, PI further developed its website www.protectionline.org. Activities in the network with national parliaments in Spain, Belgium, field have also increased with the opening of two the United Kingdom and Germany, to set up a forum new Protection Desks in Colombia (in partnership of Members of Parliament willing to contribute to the with PAS – Pensamiento y Acción Social) and in the protection of human rights defenders. Democratic Republic of Congo (where Protection PI puts emphasis on field research and knowledge International has been registered as INGO). transfer through publications and visual media and in Protection Desks, an outcome of over 25 years 2009 published, amongst others, the documentary combined theoretical and field experience in the “Loktantra” depicting the role of human rights defenders protection of HRDs, are a PI concept and have been in the democratic transition in Nepal, a new protection integrated in its global strategy for the protection and manual for LGBTI Defenders and a comparative study on security of HRDs. PDs represent an innovative approach national HRD protection mechanisms. to field protection of human rights defenders. Working We would like to thank the institutions; donors and in close conjunction with local human rights individuals who made this work possible and helped organisations and defenders, Protection Desks are set up us contribute to improving the security of HRDs from to enhance the capacity of HRDs and their organisations so many different contexts throughout the world. to manage their security by improving security We are especially grateful to the human rights measures and protection mechanisms. In those defenders whose incredibly important and courageous countries or regions where HRD networks or units work continues to inspire us and teaches us new already exist, Protection Desks are set up to complement things every day. This report is dedicated to them. their activities through capacity building and training activities tailored to the networks’ specific needs. the team of Protection international Published by text Protection International aisbl Prepared by Quentin Noirfalisse. Article on Advocacy by Christoph Rue de la Linière, 11, B-1060 Brussels, Belgium Klotz. Article on DR Congo by Quentin Noirfalisse and Sophie supervising editor Roudil. Interviews, information gathering and review were made Christoph Klotz with the collaboration of the staff of PI and the Protection Desks. design and layout creative commons Steve Ashton Except where otherwise noted, this work is Photos licensed under: http://creativecommons.org/ The staff of PI and its Protection Desks licenses/by-nc-nd/3.0/ 3 Focus israel carías assassination trial: hints of justice in Guatemala In impunity-plagued Guatemala, two hit men were found guilty during the trial for the assassination of peasant leader Israel Carías Ortiz in February 2007. The tribunal established a precedent by recognizing that Carías was killed due to his activities of defending human rights. Exeptionally, the court left the case open to investigate who ordered the assassination. June 22nd 2009 marked a turning (ACIDEA). For many years he 1951 – was measured and returned to point in the fight against impunity in struggled not only against the the community in 2007. Guatemala: that day, the Tribunal in deforestation of the mountains in As a result of his struggle, Carías was Zacapa found two men, Jacobo Zacapa Department, but also to frequently subject to intimidation and Salguero and Manfredo Ramirez, reclaim about a thousand hectares of guilty of the 2007 murder of Israel common land situated in the village death threats from the finqueros. Carías ortiz (age 33) and his two of Los Achiotes that had been taken According to Amanda Kistler, an sons Ledwin Anilson (age 9) and over illegally by finqueros (large observer for the Network in Ronald Aroldo (age 11). Israel Carías land-owners). Thanks to the action Solidarity with the People of was president of the regional peasant and the negotiations led by Israel Guatemala (NISGUA), these acts were farmers’ association (ACUS) and head Carías and the 80 families who part of a context of increased of the Association for Community supported him, this community land repression towards people claiming Development of Los Achiotes –