Who will defend the defenders?

Last week, a bus carrying staff of the Afghanistan Independent Human Rights Commission (AIHRC) was struck by an explosive device in Jalalabad in eastern Nangarhar province. Two AIHRC staff members, Shafiullah Nasiri and Umran Aziz were killed with six others injured. It is particularly shocking that it seemed to be a deliberate attack.

The AIHRC is founded in 2002, since then, it has made efforts to monitor and report on the human rights situation in Afghanistan, with the aim of improving the life of all Afghans after decades of conflict and violations.

Having worked in a national human rights commission like the AIHRC in the past, this unfortunate incident struck me. It brought to my attention that the work of human rights defenders could be extraordinarily dangerous at times; moreover, it is increasingly criminalised in some countries.

In many parts of the world, human rights defenders risk personal safety while carrying out their duty to monitor and challenge violations. When an unfortunate incident like this happens, who will defend the defenders?

In 1998, the United Nations General Assembly adopted the landmark Declaration on Human Rights Defenders after years of advocacy by various stakeholders.

Then in 2000, the UN took another step forward by establishing a specific mandate on human rights defenders, known as the Special Rapporteur on Human Rights Defenders.

In Malaysia, there has been a series of intimidation and threats against Malaysian human rights defenders. One of the most recent cases being the case of Khalid Ismath, who has been slammed with 14 charges under the Communications and Multimedia Act 1998 and Sedition Act 1948.

Tomorrow, Bersih 2.0 chair Maria Chin Abdullah will be charged under the Peaceful Assembly Act (PAA) for organising the Bersih 4 rally and for failing to submit a 10-day advance notice for the 34-hour rally held on August 29 and 30.

Meanwhile, international group Human Rights Watch (HRW) recently launched its damning report, “Creating a Culture of Fear, The Criminalization of Peaceful Expression in Malaysia".

The report detailed how the Malaysian government has used various anti-human rights laws to stifle dissenting voices.

All these show how human rights defenders in Malaysia face different challenges, among others, judicial harassment, arbitrary arrest and threats.

Victims of human rights violations rely upon the work of these human rights defenders. So, what is going to happen to these defenders when they themselves become the target of intimidation and threats?

That is a major setback to the Declaration on Human Rights Defenders; it is the responsibility of state to implement all of its provisions.

Having said that, international treaties and norms, declarations, domestic laws, recommendations are not worth much unless they are enforced and implemented.

Human rights defenders should be seen as allies in the advancement of human rights in a state. For that reason, all human rights defenders should be recognised in order to carry out their activities without fear of reprisals.

My thoughts are with AIHRC during this difficult period. My condolences to the families, colleagues as well as the entire AIHRC team members. – November 2, 2015.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insider