The ABA Center for Human Rights
defends human rights advocates from harassment. We take down legal
barriers to advocacy, mobilize the global legal community, and hold governments
accountable for restricting human rights activities. Our Justice Defenders
program enables advocates to work freely.
- Who: Anyone who advocates for the protection of human rights, including attorneys, journalists, labor leaders and environmental activists, and is the subject of retaliation for his/her efforts, may request assistance.
- What: We provide a range of assistance, including litigation advice, legal research and drafting, trial observation, or advocacy campaigns. We identify experienced attorneys with relevant regional and linguistic expertise to support local counsel. We provide assistance in a range of circumstances, including helping defenders charged with crimes in retaliation for their advocacy efforts or organizations that are not allowed to register.
- When: We can provide assistance at any stage of the legal proceedings, whether during the trial or appeal. We also conduct advocacy campaigns on behalf of those whose trial is complete.
- Where: The program is active around the world. We help with litigation in national courts and in regional human rights courts.
- Why: The Center for Human Rights is committed to promoting the just rule of law around the world. Without human rights defenders to hold governments and non-state actors accountable for violations, the rule of law cannot prevail. The Center’s Justice Defenders Program supports the work of human rights defenders by advocating for their fundamental rights, including access to justice, fair trial standards, and respect for freedom of association and expression.
For updates on the Justice Defenders
activities, please review the ABA
Justice Defenders 2014 Program Update. One of our current advocacy
campaign focuses on the detention and prosecution of a prominent human rights
attorney Thulani Maseko and journalist Bheki Makhubu in Swaziland. Below is an
article reproduced with permission from the ABA Center for Human Rights, which
is available at: http://www.swazijustice.org/.
Two
Years in Jail for Criticizing Top Swaziland Judges
October
14, 2014
On the morning of Friday, July 25, 2014,
prominent human rights attorney Thulani Maseko and journalist Bheki Makhubu
received harsh two-year prison sentences, handed down by Judge Mpendulo
Simelane in Swaziland. Maseko, a decorated human rights activist and lawyer,
and Makhubu, a prominent editor and journalist, have been repeatedly detained
for publishing articles that lamented continued threats to judicial
independence in Africa’s last absolute monarchy. In the articles at issue, the two criticized
the prosecution of a government vehicle inspector who was arrested after he
impounded a vehicle used by a top judge and associate of King Mswati III. In
the sentencing, Judge Simelane stated in court that the accused were a
“disgrace” and that the harsh sentences were premised on the assumption that
the two were plotting “regime change” in Swaziland.
Over the course of the past several
months, there have been widespread and repeated concerns about the fairness of
the court proceedings, which many critics say have not met basic international
standards. In particular, the “contempt of court” charge in Swaziland typically
carries no custodial sentence, leaving many to conclude that the court case has
deeper political motivations.
On June 12, 2014, a group of four United
Nations Special Rapporteurs criticized the court’s decision, saying: “We
condemn the repeated arrests, detention and trial of Mr. Maseko and Mr. Makhubu
and are concerned that these may be directly related to their legitimate
exercise of the right to freedom of expression,” noting that the Constitution
of the Kingdom of Swaziland recognizes the rights to freedom of expression and
the right to a fair trial.
Human rights organizations have expressed
their concern that Swaziland is not adhering to basic international standards
or their own constitution. Freedom of
expression is a fundamental human right, guaranteed in Article 24 of the
Constitution of Swaziland (2005) and in the major international human rights treaties
to which Swaziland is a party, including Article 19 of the International
Covenant on Civil and Political Rights (ICCPR) and Article 9 of the African
Charter on Human and Peoples’ Rights (African Charter). Mr. Maseko and Mr.
Makhubu have the right under both the Constitution of Swaziland and
well-established international law to publish their opinions concerning the
administration of justice in Swaziland.
Also of grave and ongoing concern are the
fundamental rights of Mr. Maseko and Mr. Makhubu to be arraigned and tried
before an impartial tribunal. Article 14 of the ICCPR states that “[i]n the
determination of any criminal charge against him, or of his rights and
obligations in a suit at law, everyone shall be entitled to a fair and public
hearing by a competent, independent and impartial tribunal established by law.”
Similarly, Article 7 of the African Charter guarantees the right to be tried
“by an impartial court or tribunal.”
UPDATE: The Supreme
Court of Swaziland refused to set a date to hear the substantive appeal of
Maseko and Makhubu’s release during its most recent session. Now the men must wait until the court’s next
session in the Spring of 2015 for the appeal of their convictions and
sentences.
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The mission of the ABA Center for Human Rights is
to develop educational programs in the field of human rights; promote a greater
understanding of and belief in the importance of human rights; collaborate with
other ABA entities in the development and encouragement of human rights
efforts, activities and programs; and assist in the development of appropriate
ABA polices on human rights issues.
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