Human rights defenders

BANGLADESH/WORLD: The nomination of A B M Khairul Haque as a judge of ICC must be opposed for the interest of justice and its integrity

The International Criminal Court (ICC) is about to appoint six new judges as the 9-years tenure of six of the 18 judges ends in 2021. In the lead up to the appointments of the new judges the Assembly of the State Parties (ASP) has already confirmed the nominations of 22 candidates by 15 May 2020. The appointment of the nominated candidates will be […]

BANGLADESH: Stifling expression using Digital Security Act must not be the norm to address COVID-19 pandemic

The Bangladesh government has resorted once again to its notorious Digital Security Act-2018to muzzle freedom of expression, suing 11 individuals and arresting four of them following criticism of in the governments’ handling of the COVID-19 pandemic. Four people have been detained since 5 May 2020 under the draconian digital law, including cartoonist Ahmed Kabir Kishore, writer Mushtaq […]

WORLD: THE THEORY OF ADVOCACY CONTAINED IN THE FOLK SCHOOL METHOD

Article | World | 05-05-2020

By Basil Fernando For the purpose of this short essay, I use ‘folk school’ to mean the ideas of the folk school which were developed in Denmark by NFS Grundtvig and the folk school movement. The same methodology was also followed by Myles Horton of the United States. After spending several years in Denmark visiting […]

WORLD: Father James Hurley SJ – A great friend of the AHRC

Article | World | 18-04-2020

By Basil Fernando Father James Hurley, a great man and a humanist, passed away last week. I had the privilege of associating with Father Hurley since 1970. He impressed me as a man who was very deeply concerned with individuals as well as on the great social issues of his time. As a human being, […]

SRI LANKA: A Tragic Transformation: The Strange Case Of The 1978 Constitution

By Basil Fernando I have borrowed the title of this article from the immortal work of Robert Lewis Stevenson, The Strange Case of Dr Jekyll and Mr Hyde. This novel is about a mysterious and tragic transformation caused by the use of certain chemicals. By the use of such chemical concoctions, Dr. Jekyll, an amiable, […]

SRI LANKA: How can unscrupulous lawyers manipulate delays in the law?

By Basil Fernando This article is about the manner in which unscrupulous lawyers could manipulate delays in the law to their personal advantage. This type of behavior is now a permanent feature in Sri Lanka’s legal system. Analysis of the methods used for such manipulation are based on experiences from actual cases. Reflections on the […]

BANGLADESH: Torturous law-enforcement system with impunity and rewards to perpetrators impede protection of rights

A Written Submission to the 43rd Regular Session of the United Nations’ Human Rights Council by the Asian Legal Resource Centre The Asian Legal Resource Centre (ALRC) draws attention of the United Nations Human Rights Council and its Special Procedures about the institutionalised practice of torture in Bangladesh, which is an incumbent member of the […]

PHILIPPINES: POLICE REFORMS CANNOT BE ACHIEVED THROUGH ULTRA-VIOLENT METHODS

The South China Morning Post recently published a report quoting Colonel Romeo Caramat stating that the Philippines’ ultra-violent approach in curbing drugs has not been effective. He further went on to say that “shock and awe definitely did not work”. The drug supply is still widespread and illicit drugs can be obtained anywhere, anytime in […]

THAILAND: Drop Criminal Complaint Against Fortify Rights Senior Human Rights Specialist Puttanee Kangkun

Thai authorities or Thai poultry company Thammakaset Company Limited should immediately drop criminal defamation complaints against Puttanee Kangkun and other human rights defenders, Fortify Rights said today. On December 6, Thammakaset filed a complaint against Puttanee with the Bangkok Southern Criminal Court for 14 social media engagements expressing support for human rights defenders. Puttanee is […]

INDIA/SRI LANKA: Gang Rapes, Justice and Civilization in India and Sri Lanka

An incident was reported in December 2019 from India regarding the gang rape of a woman and what happened thereafter. The news of the gang rape stirred up a massive protest from many parts of India. Among those who were involved in the protest were sections of the intelligencia of India such as Professors, doctors, […]

BANGLADESH: Defending rights requires unified resistance

A Joint Statement by the Asian Human Rights Commission, Asian Federation Against Involuntary Disappearances, and Odhikar on the occasion of International Human Rights Day Dhaka/Manila/Hong Kong, 10 December 2019: On International Human Rights Day, the Asian Federation against Involuntary Disappearances (AFAD), the Asian Human Rights Commission (AHRC), and Odhikar pay tribute to and stand in […]

PAKISTAN: Activist languishing in jail a month after his arrest on trumped up charges

One month since Professor Muhammad Ismail was arbitrarily detained, he is still languishing in prison on trumped-up charges of ‘hate speech’, ‘spreading false information’ and ‘cyberterrorism’. CIVICUS, the global civil society alliance and the Asian Human Rights Commission (AHRC) calls on the Pakistan authorities to halt his persecution and release him immediately and unconditionally. In […]

SRI LANKA: What happens to the people happens also to judges, lawyers, and others

A comment on the memoir of Former Chief Justice Dr Shiranee Bandaranayake entitled “Hold Me in Contempt” Basil Fernando Attorney-At-Law This memoir by former Chief Justice Dr. Shirani Bandaranayake on the (now nullified) impeachment is a significant contribution to the cause of promoting the independence of judiciary in Sri Lanka. Its significance lies in the […]

WORLD: Thai judge survives shooting himself in the chest in open court as a protest against interference with judicial independence

By Basil Fernando In a Thai courthouse on 4th October 2019, Judge Khanakorn Pianchana shot himself in the chest as a protest against interference with the independence of judges in their decision-making process. Fortunately, he survived the suicide attempt – made in open court – and is reportedly out of intensive care. Regarding the issue […]

WORLD: International Statement of Solidarity on Assassination of Derk Wiersum

A Joint Statement by the Asian Human Rights Commission, Lawyers for Lawyers, and 30 other civil society organisations of the world 4 October 2019 – We, the undersigned organizations, are deeply shocked by the brutal killing of our Dutch colleague Derk Wiersum. We extend our deepest condolences to Mr. Wiersum’s family, friends, colleagues and all […]

SRI LANKA: Weaponisation of Ambiguity – Sri Lanka’s 1978 Constitution

  By Basil Fernando  The 1978 Constitution of Sri Lanka is an outstanding example of how meaning can be manipulated through the weaponisation of ambiguity. It uses language that gives the appearance of a liberal democratic constitution of a republic while also putting in place various devices that severely undermine all the basic norms and standards […]

WORLD: Geneva Meeting on the Goal 16 of SDG and the spirit of 1980 Gwangju uprising

Statement | World | 02-10-2019

A side event was held in UN Human Rights Council premises on the 23rd of September. It was sponsored by the Asian Legal Resource Centre (ALRC) and the May 18 Foundation, South Korea. It was also supported by the Right Livelihood Foundation, CIVICUS (Geneva) and the International Bridges to Justice, also based in Geneva. Ambassador […]

ASIA: Human Rights Mechanisms need practical actions on domestic institutional developments for administration of justice

An Oral Statement to the 42nd Regular Session of the UN Human Rights Council by the Asian Legal Resource Centre (ALRC) Mr. President. The effectiveness of the United Nations Human Rights Mechanisms for protection of rights depends very much on the compliance of the State parties to implement Article 2 of the International Covenant on […]

WORLD: Affirming rights by ratification, denying rights in actual practice

Statement | World | 19-09-2019

Affirming something through a declaration and denying the same in actual practice happens everywhere, but the real test of affirmation is the degree to which something is practiced. When what is affirmed and what is actually practiced is virtually divorced then the very act of affirmation becomes a mockery. That, unfortunately, is the situation regarding […]

PHILIPPINES: Extrajudicial killing of jurists as part of a pattern of widespread and systematic violations of human rights

A Joint Written Submission to the 42nd Regular Session of the United Nations’ Human Rights Council by the Asian Legal Resource Centre and Lawyers’ Rights Watch Canada 1. Introduction Since 30 June 2016, the Government of the Republic of the Philippines (the Philippines) has engaged in a campaign of extrajudicial killing in violation of the […]