Human Rights Defenders issues on the agenda of the next 35th Human Rights Council

June 1, 2017

The International Service for Human Rights (ISHR) in Geneva has published again its timely alert to the next Session of the UN Human Rights Council, from 6 to 23 June 2017. 

It is a rich document [https://www.ishr.ch/news/human-rights-council-key-issues-agenda-35th-session-june] and I list here only the items most directly related to Human Rights Defenders:

Thematic areas of interest:

Sexual orientation and gender identity

The first annual report of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity will be presented between 9:00 and 12:00am on Tuesday 6 June. Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico and Uruguay will organise an event on Advancing human rights protection and ending violence and discrimination based on sexual orientation and gender identity on 9 June from 11:30-13:00 in Room IX.

Reprisals

In a recent letter to the President of the Human Rights Council, ISHR called for urgent attention to be given to cases of reprisals which have not been followed up by the Human Rights Council. One of the most serious instances of reprisal is against Chinese human rights defender Cao Shunli, who died in detention on 14 March 2014 after being detained for her engagement in UN human rights mechanisms. Despite her case being communicated with the Bureau during the three years following her death, there has been no independent investigation or adequate response. ISHR looks forward to consolidating the advances made by the recent appointment of Assistant Secretary General Andrew Gilmour to receive, consider and respond to allegations of reprisals. Acts of intimidation and reprisal against human rights defenders seeking to cooperate with the UN constitute violations of international human rights law and undermine the human rights system. The Human Rights Council should respond with appropriate gravity to reprisals and follow-up past cases during its 35th session. [for my many posts on reprisals see: https://humanrightsdefenders.blog/tag/reprisals/]

Business and human rights

The mandate of the Working Group on human rights and transnational corporations and other business enterprises will be up for renewal during the session. The report of the Working Group will be considered by the Council, in addition to reports of country missions to Mexico and the Republic of Korea.

The Working Group will also present a study on best practices and how to improve the effectiveness of cross-border cooperation between States with respect to law enforcement on the issue of business and human rights, and a report on public procurement (not yet available at time of writing). Over the past three years, the Working Group has increasingly recognised the role of human rights defenders in ensuring business respect for human rights, and the specific challenges faced by defenders working on business and human rights issues, as exemplified by a dedicated workshop on this topic during its last session in May 2017. Since the last renewal of the mandate in 2014, the Working Group has also made increasing use of its ability to confront States and companies with allegations of human rights violations. From just 16 such communications in 2014 the Working Group has increased to 21 in 2015 and 42 in 2016. Both of these trends should be recognised and encouraged by the resolution renewing the mandate of the Working Group.

Women human rights defenders and women’s rights

The annual full day discussion on the human rights of women will take place on Tuesday 13 June from 9:00 to 12:00 and from 15:00 to 18:00. It will focus on engaging men and boys in responding to and preventing violence against women and girls. Engaging with men and boys to combat violence and discrimination against women and girls is essential to efforts to prevent and eliminate all forms of discrimination and violence against them. This should include challenging the harmful gender stereotypes and negative social norms, attitudes and behaviours that underlie and perpetuate such violence.  Equally, it is important that the Council’s discussions and resolutions in this area  recognise the critical role of women human rights defenders (WHRDs) and organisations led by women and girls as rights holders and agents of change. They should be involved and consulted in the planning, design, implementation and monitoring of legislation, policies and programmes, including programs aimed at engaging men and boys.

ISHR will support joint advocacy on the resolutions on violence against women and discrimination against women, and on the ‘protection of the family’. The latter resolution will focus on ‘the rights of older persons in the context of family.’ States must ensure that this resolution upholds universal principles of human rights based on equality and non-discrimination. Many household structures and family forms exist across the world, facing particular situations and challenges that require tailored policy responses…

Cooperation of States with Special Procedures

There remains a consistent lack of State cooperation with Special Procedures, as demonstrated by the number of communications sent by the experts that have not received a State response, recorded in the Joint Communications Report published at every session of the Human Rights Council. ISHR welcomes recent developments in making communications more accessible, including the searchable database of communications, but continues to express concern that access to information regarding specific cases and State replies is still hard to find for victims and authors. [see my post from many years ago: https://www.linkedin.com/pulse/20140603192912-22083774–crime-should-not-pay-in-the-area-of-international-human-rights]

Country specific developments

China: The Special Rapporteur on extreme poverty and human rights, Prof Philip Alston, will present the report from his country visit to China. Prof Alston was tailed by State security and was prevented from meeting with civil society during his visit. As a result, the country report stresses the necessity of civil society in holding the Chinese Government accountable to human rights standards. The country visit was further undermined by reprisals. Following a meeting with Prof Alston, disbarred human rights lawyer Jiang Tianyong disappeared. His family was informed of his detention nearly one month later. Despite UN experts calling for an investigation into his disappearance, Jiang remains in ‘residential surveillance in a designated location’. Prof Alston’s report will be a key opportunity to discuss the ongoing crackdown on human rights defenders and concerns the Office of the High Commissioner for Human Rights for civil society in China.  [see also: https://humanrightsdefenders.blog/tag/jiang-tianyong/]

Burundi The commission of inquiry on Burundi will present an oral update on 14 and 15 June. ISHR remains concerned by consistent and deliberate lack of cooperation with human rights mechanisms in Burundi. The country continues to refuse to cooperate with UN Human Rights Council’s Independent Experts and despite the international community’s efforts to mitigate a human rights crisis, the situation continues to deteriorate. ISHR calls on the Burundian authorities to cease attacks against journalists and defenders and to cooperate with the UN commission of inquiry and implement the recommendations from both UN and African Commission reports.  [see inter alia: https://humanrightsdefenders.blog/2016/02/08/what-is-burundi-doing-in-the-un-human-rights-council/]

Other country situations where human rights defenders will surely come up: 

  • The interactive dialogue on the Democratic Republic of Congo (DRC), from 12:00 to 15:00 on Tuesday 20 June.
  • The interactive dialogue with the Independent Expert on Côte d’Ivoire will take place from 9:00 to 12:00 on Tuesday 20 June.
  • ISHR has joined a coalition of civil society organisations in urging State delegations to the Human Rights Council to express concern about the ongoing human rights crisis in Ethiopia.

Council programme, appointments and resolutions

Organisational meeting. The President of the Human Rights Council once again urged States to combat reprisals during the session. ‘As part of a constructive working atmosphere, it is in our common interest to have a climate of trust and security, whereby States ensure the appropriate protection against any acts of intimidation or reprisals against individuals and groups that cooperate or have cooperated with the United Nations, their representative and human rights mechanisms,’ he stated.

Appointment of mandate holders The President of the Human Rights Council has proposed candidates for the following four vacancies of mandate holders to be filled at this session:

  1. Independent Expert on human rights and international solidarity [HRC resolution 26/6]
  2. Special Rapporteur on minority issues [HRC resolutions 25/5 and 34/6]
  3. Special Rapporteur on the human rights of migrants [HRC resolution 26/19]
  4. Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism [HRC resolution 31/3]

Panel discussions

During each Council session, panel discussions are held to provide member States and NGOs opportunities to hear from subject-matter experts and raise questions. Among the 4 panel discussions scheduled for this session:

Resolutions to be presented to the Council’s 35th session

At the organisational meeting on 22 May 2017 the following resolutions were announced (States sponsoring the resolution in brackets):

  • Resolution for the extension of the mandate on the Working Group on business and human rights (Norway and core group of Russia, Argentina and Ghana)
  • Resolution on accelerating efforts to eliminate all forms of violence against women (Canada)
  • Resolution on discrimination against women (Colombia, Mexico)
  • Resolution on the protection of the human rights of migrants (Mexico)
  • Resolution on the protection of human rights and fundamental freedoms while countering terrorism (Mexico)
  • Resolution on the human rights situation in the Syrian Arab Republic (France, Germany, Italy, Jordan, Kuwait, Morocco, Qatar, Saudi Arabia, Turkey, UK and USA )
  • Resolution on the independence and impartiality of the judiciary, jurors and assessors, and the independence of lawyers (Australia, Botswana, the Maldives, Mexico, Thailand, Hungary)
  • Resolution for renewal of the mandate of the Special Rapporteur on Independence and impartiality of the judiciary, jurors and assessors, and the independence of lawyers (Hungary)
  • Resolution for the renewal of the mandate of the Special Rapporteur on extrajudicial, summary or arbitrary executions (Sweden)
  • Resolution for the renewal of the mandate of the Special Rapporteur on the human rights situation in Belarus(EU)
  • Resolution for the renewal of the mandate of the Special Rapporteur on extreme poverty and human rights (France, Albania, Chile, Morocco, Senegal, Romania, Philippines, Peru)

For the the guide to the 34th session see: https://humanrightsdefenders.blog/2017/02/24/34th-human-rights-council-ishr-guide-to-key-issues-for-human-rights-defenders/

 

One Response to “Human Rights Defenders issues on the agenda of the next 35th Human Rights Council”


  1. […] Human rights lawyers like Jiang Tianyong have been detained, arrested and harassed by government authorities in the last several years. He was formally arrested for “subverting state power” after being detained in an unofficial detention facility for over six months. [https://humanrightsdefenders.blog/2017/06/01/human-rights-defenders-issues-on-the-agenda-of-the-next…] […]


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