Expert Criticizes Switzerland for Suing Bruno Manser Fonds
Published: Friday, Oct 27th 2023, 12:10
Updated At: Saturday, Oct 28th 2023, 01:55
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United Nations Special Rapporteur on Human Rights Defenders Michel Forst has criticized the Swiss Federal Council in a letter for not doing enough to prevent a Strategic Lawsuit Against Public Participation (SLAPP) against the Basel Bruno Manser Fund. He urged the Council to take action to protect the rights of environmental activists and to ensure that they are not intimidated by such lawsuits.
On Friday, a spokesperson for the Federal Office for the Environment (Bafu) confirmed to the news agency Keystone-SDA the receipt of this letter. The letter will be answered. However, the Bafu did not yet say when and what the content of the answer would be.
On August 8th, 2023, Mr. Forst sent a letter requesting a response by October 7th. The letter has since been published on the website of the United Nations Economic Commission for Europe (UNECE).
The Special Rapporteur expressed "grave concern" in the report about several legal steps taken by the Malaysian-Canadian business couple Jamilah Taib Murray and Sean Murray, as well as their company Sakto Corporation, against the Bruno Manser Fund. The plaintiffs and their representatives in Switzerland would be "obviously" using court proceedings to "silence" the environmental protection organization and its director Lukas Straumann. The Bruno Manser Fund is thereby prevented from exercising its rights under the Aarhus Convention.
The Special Rapporteur is deeply concerned that Switzerland is not fulfilling its obligation under the Aarhus Convention to ensure that individuals exercising their rights in accordance with this agreement are not "penalized, persecuted or harassed" in any way. He bases this on Article 3, paragraph 8 of the UN Convention on Environmental Protection, which regulates rights in terms of environmental protection.
The Federal Government is being called upon to use all legal means to prevent so-called SLAPP lawsuits (Strategic Lawsuits Against Public Participation). Furthermore, it is requested to inform about the ethical guidelines for lawyers in SLAPP cases.
The legal dispute is still unresolved.
On August 16th, 2023, a hearing took place at the Basel-Stadt Civil Court between the business couple Taib-Murray, represented by the Basel law firm Vischer, and the Bruno Manser Fund. The couple was suing for alleged defamation of character. The legal dispute is still ongoing, as both parties were unable to reach an agreement during settlement talks.
Jamilah Taib Murray is the daughter of Abdul Taib Mahmud, who served as the Chief Minister of the Malaysian state of Sarawak for 33 years. In 2005, environmental activist Bruno Manser, declared missing, fought alongside the indigenous Penan people against the deforestation of the rainforest in the region. Publications from the Bruno Manser Fund have shed light on Jamilah Taib Murray's involvement in the matter.
©Keystone/SDA
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