ABA Article: One Lawyer’s Stand for Human Rights and the Environment

The American Bar Association Center for Human Rights’ Justice Defenders (JD) program works with human rights defenders (HRDs) worldwide who face ongoing harassment, threats, and criminal charges in retaliation for their legitimate human rights work. ABA CHR coordinates pro bono legal support, monitor trials, and advocates for HRDs rights to freedoms of expression, association, and assembly, among others, and to end impunity for violence and other forms of reprisals against them. In 2024, the JD program supported 44 individual at-risk human rights defenders and five threatened human rights non-governmental organizations (NGOs). Across its 21 new cases last year, the program supported human rights attorneys and bar associations, journalists and bloggers, environmental rights defenders, and other civil and political rights activists. In addition to supporting individual cases, it undertook new campaigns to raise awareness of threats faced by at-risk human rights defenders.

The following story is an interview with a human rights and environmental lawyer from East Africa, who worked with ABA CHR and later received legal support from us after being abducted, held incommunicado for several days, and then dumped in jail. 

 

My Story

I am a human rights defender from East Africa. Just a few months ago, I was warned of a significant security risk to me while I was travelling outside the country. I was warned that they would come for me when I returned home. So, I had to relocate with the American Bar Association Center for Human Rights’ support and the support of its rapid response partners. Unfortunately, death threats against me then materialized. I was attacked and almost abducted back to my home country. But with the support of the ABA and their partners I managed to relocate again to another country.

I not only received security support from the ABA, but also legal support. When I was imprisoned several years ago, the ABA supported me to bring my case before the UN Working Group on Arbitrary Detention. ABA CHR’s Justice Defenders team played a fundamental role in making sure my case was presented before the committee. With their support, the Working Group ruled in my favor that my detention was unlawful, because I was abducted, held incommunicado for several days, and then dumped in jail. The Working Group decision ordered the government to release me from prison and compensate me. It was because of these interventions that I regained my freedom. The ABA also pursued other efforts at that time including a study on the instrumentalization of the judiciary in my country and how the crime of money laundering was used against dissenters of the government. It helped to expose the autocratic regime, which could not have been done without the support of actors like the ABA.

Enforced Disappearances

Alongside ABA CHR, I worked on various interventions, which yielded significant effects at home. The ABA supported our international advocacy efforts on various international platforms. We convened several consultative meetings on the situation of enforced disappearances in my country, including with the UN Working Group on Enforced and Involuntary Disappearances and the African Commission on Human and People’s Rights (ACHPR). At the ACHPR, we met with several ACHPR commissioners, including those responsible for Freedom of Expression and Enforced Disappearances. This work amplified our advocacy efforts, where several letters of appeal were sent to the Government. I believe this work delivered significant milestones. Our government was made aware that the atrocities were escalated to a higher level. This contributed to a bit of restraint. After that we did not hear as much about enforced disappearances in my country. When it comes to international advocacy, we could not have done it without the support of the ABA.

The ABA’s Unwavering Support

ABA CHR’s Justice Defenders team was instrumental in amplifying our cause. They followed the situation in my country closely, remaining up to date; allowing us to communicate helpful messaging on various platforms and networks more easily. In 2024, we wrote a communiqué on the human rights situation to the United Nations General Assembly. During this time, we were able to do international advocacy and share stories in international media outlets—all thanks to the support of the ABA. In addition, the UN Special Procedures appealed to the authorities to stop some of their restrictive measures and approaches.

The ABA’s support has impacted me greatly on a personal level. Sometimes it is just the feeling that people are expressing solidarity with you. We have always felt safe, we have always felt supported, with the kind of support that ABA has been offering. I participated in several meetings hosted by the ABA, including a consultative meeting on Enforced Disappearances in East Africa. The meeting added to the efforts that we are doing locally, to ensure that human rights defenders, such as myself, can work in a situation that allows them to do their legitimate work.

The Impact of the US Foreign Aid Freeze

The ABA also supported local civil society in my country. Through its Rule of Law Initiative (ROLI), the ABA helped a Law Society put together legal information on Freedom of Expression for their organization’s website. The idea was that the database would be hosted by the Law Society to promote awareness on Freedom of Expression—including the laws, the Do’s and Don’ts for citizens, and to spotlight the challenges of media freedom in the country. These initiatives are significant because the Law Society is a membership based professional organization, of which I am a member. We do not have resources other than from our subscriptions. So, we rely on the generous support of our partners, like ABA, to support the community. The impact of the United States government’s foreign aid freeze is not only to the lawyers, but it has far reached impacts on local communities and beneficiaries. We are their lifeline to receive relevant and pertinent information on their rights and our legislative agenda.

The ABA has always provided longstanding support to prominent human rights lawyers in my country. It adds another layer of protection, giving them representation in international fora. Although, we have experienced ups and downs, and the ABA showed up when we needed them. My work does not do justice for the work carried out by the ABA. It goes beyond us as individuals. It has impacted our community, our families. It has paved the way for a better future for us. Some of the foundational work that has been done will lead to the objective of having a more equitable society.

So, we are grateful, we appreciate the tireless support.

But now we feel like we are in limbo with the current situation—the uncertainty of future funding to continue the work we love to do. We fear for the worst if we remain locked up in a room without external actors who can show up for us.

I could have said much more…it is sad that the good work that was done by ABA cannot continue in the current circumstances. We hope for the best…that some of these useful initiatives will regain the funding again, the support. There should be no policy that compromises such good work.

The materials contained herein represent the opinions of the authors and editors and should not be construed to be those of either the American Bar Association or Section unless adopted pursuant to the bylaws of the Association. Nothing contained herein is to be considered as the rendering of legal advice for specific cases, and readers are responsible for obtaining such advice from their own legal counsel. These materials and any forms and agreements herein are intended for educational and informational purposes only.