On Monday 22 February 2021 the Guardian announced that it will be reporting on human rights worldwide, elevating the voices of those working on the frontline to protect rights and freedom.
A year on from the start of the world’s biggest health crisis, we now face a human rights pandemic. Covid-19 has exposed the inequalities and fragilities of health and political systems and allowed authoritarian regimes to impose drastic curbs on rights and freedoms, using the virus as a pretext for restricting free speech and stifling dissent.
There has been a global crackdown on opposition activists and human rights defenders, attacks on journalists, and a roll out of invasive tracking apps and extreme surveillance measures that are likely to far outlast the virus. Over the coming years, the economic fallout of the pandemic will hit millions. Those already facing stigma and marginalisation will suffer the most: women, girls, refugees and asylum seekers, people with disabilities, ethnic minorities and indigenous communities.
Human rights crises in countries including Myanmar, Syria, Venezuela and South Sudan threaten lives, health and freedoms. Yet the pandemic has also seen a growing global momentum of resistance, a fight back to protect hard-won rights. Journalism has always been a crucial tool in holding those in power to account and highlighting the drivers and systems that violate the fundamental rights of every human being, as enshrined in law. With over 200 laureates, journalists are the single biggest professional group among the winners of human rights awards [see: https://thedigestapp.trueheroesfilms.org/laureates]
At this critical moment, there is an urgent need to focus attention on those who are suffering and what can be done to help them. Rights and Freedom is a new Guardian reporting series to investigate and expose human rights abuses, and elevate the voices of people working on the frontline, fighting back for themselves and their communities.
Kyra Dupont in Geneva Solutions of 23 February 2021 goes into the history that links Geneva and cartoons: “Drawings for peace, the role of Geneva” Geneva is said to be the cradle of comics thanks to Rodolphe Töpffer who was the first to put words on an illustrative sequence in the 1830s. Geneva has remained a vivid breeding ground for cartoons since then. (Credit: Patrick Chappatte) “Töpffer pioneered the genre, his work was a laboratory,” confirmed Zep at the opening of the exhibition, The comic strip, a Geneva invention? last November. The comic artist and creator of the bestselling Titeuf series discovered him at the age of 20 and admits that it is difficult to escape his influence for a cartoonist living in Geneva.
Since then, Switzerland remains the country with the most important press organizations’ ratio in the world compared to its population.
…..there is indeed a Geneva breeding ground for comic strips and press cartoons, two universes which cohabit in “a kinship never totally assumed, a bit like cousins from first-generation families with their own associations, their own interests, but both take part in this great wealth of talent and artists in a very small area with a very small population,” explains Patrick Chappatte, press cartoonist for Le Temps or the Boston Globe, among others. Indeed, political cartoonists are doing more than well in French-speaking Switzerland between Mix and Remix or Burki, which have now disappeared, but also Barrigues, Herman, Benedict, the new artists of the satirical newspaper Vigousse or the recent application La Torche 2.0 which develops press cartoons on smartphones.
Chappatte recalls that the press cartoons developed hand in hand with press freedom and democracy. Today we cannot imagine the front page of our newspapers without them.
“As luck would have it, today we are in a period where press cartoons are heckled and democracy is being questioned everywhere. We are living in a paradoxical era where we can say absolutely everything and send each other the worst things on social networks, and at the same time we bear a cautious attitude in the traditional media, companies under economic pressure, and exercise great caution in crisis management. On the one hand a precautionary principle is applied to humour and opinion, and on the other hand the real reactionaries are completely unleashed on social networks.”
The filtering of the media, the real professional entities, is what is most damaging to democracy and freedom of expression, according to the cartoonist who had to stop drawing for The New York Times when it decided to no longer publish daily political cartoons in its international edition in June 2019. “They took the easiest path in order to not have problems with political cartoons in the future… Did we just invent preventive censorship ? This, in the end, is about democracy,” reacted Chappatte in his Ted talk, “A free world needs satire”.
This year, Chappatte was also awarded the Fondation pour Genève prize for his outstanding contribution to the influence of Geneva and his commitment to freedom of press and expression. “It’s quite a strong message at a time when press cartoons are being called into question,” says Chappatte, who regrets that the sanitary crisis has delayed the Freedom Cartoonists Foundation’s price to May 2021.
“The extremists, the autocrats, the dictators and all the ideologues of the world cannot stand humour…We need political cartoons more than ever and we need humour.
“Reports … indicate that the conditions and treatment that these human rights defenders are subjected to, such as prolonged solitary confinement, are in violation of human rights standards and may constitute torture,” said Mary Lawlor,
The UAE government media office did not immediately respond to a request for comment. UAE authorities have previously dismissed such accusations as false and unsubstantiated.
Lawlor described the three rights defenders’ jail sentences as an attempt to silence them and “intimidate and deter others from engaging in this legitimate work“.
The statement said Mansoor went on hunger strike twice in 2019 to protest his conditions, including reportedly being held in a cell measuring four square metres with no mattress, and limited access to sunlight, a shower or portable water.
It said Bin Ghaith went on hunger strike in 2017 and 2018 to protest against being denied access to medication, as well as physical assault by prison authorities and periods in solitary confinement.
Arab News of 4 February 2021 writes about the Zayed Award for Human Fraternity 2021 which recognises French-Moroccan activist Latifa ibn Ziaten and Antonio Guterres.
The Zayed Award recognizes the institutions and community of people who are spreading the work of human fraternity and coexistence around the world. It was inspired by the Document on Human Fraternity which was signed by His Eminence the Grand Imam Dr. Ahmed El-Tayeb and His Holiness Pope Francis on February 4, 2019 in Abu Dhabi, the capital of the United Arab Emirates.
HCHF’s mission is to act on the aspirations outlined in the Document on Human Fraternity by meeting with religious leaders, heads of international organizations, and others across the world, to support and spread the values of mutual respect and peaceful coexistence. In addition, the committee provides counsel on a variety of initiatives, including the Abrahamic Family House, which is being built in Abu Dhabi. See also: https://humanrightsdefenders.blog/2018/01/23/emirates-at-the-upr-in-geneva-two-sides-of-the-same-medal/y.
Guterres praised fellow recipient Ibn Ziaten for “her dedicated efforts to support young people and promote mutual understanding, arising out of immense personal tragedy, (that has) won admirers at home and beyond.”[see: https://humanrightsdefenders.blog/2016/04/08/us-state-department-international-women-of-courage-awards-2016-yulan/ Ibn Ziaten’s son, Imad, was the first person to die at the hands of terrorist Mohamed Merah during a series of shootings in the cities of Toulouse and Montauban in southwestern France between March 11 and 22, 2012. When Ibn Ziaten visited Les Izards in Toulouse, where the Merah had lived, to find out more about the man who took her son’s life she was shocked to find young people there hailing the killer as a hero of Islam. “I had the impression they were killing my son all over again,” she said at the time. This motivated her to found the Imad ibn Ziaten Youth Association for Peace to help young people in deprived areas and promote interreligious dialogue. Guterres reiterated that discrimination, racism and extremist violence continue to surge around the globe, fueled by the COVID-19 pandemic, an economic recession, a climate emergency and continuing threats to peace and security. Unity is more important now than ever, he added. Guterres said he will donate the $500,000 prize that accompanies the award to the Office of the High Commissioner for Refugees to support its work with “the most vulnerable members of the human family: the forcibly displaced.”
Although I have decided to focus this blog mostly on human rights defenders and their awards, I will make an exception for the regular sessions of the UN Human Rights Council of which the46th session has started on 22 February and which will last until to 23 March 2021. This post is based on the as always excellent general overview published by the International Service for Human rights: “HRC46 | Key issues on agenda of March 2021 session”. Here’s an overview of some of the key issues on the agenda which affect HRDs directly:
Modalities for NGOs this year: According to the Bureau minutes of 4 February 2021: “Concerning the participation of NGOs in the 46th session, the President clarified that under the proposed extraordinary modalities, NGOs in consultative status with the ECOSOC would be invited to submit pre-recorded video statements for a maximum of three general debates in addition to the interactive dialogues, panel discussions and UPR adoptions as they had been able to do during the 45th session. In addition, “the Bureau agreed that events organised virtually by NGOs in consultative status with the ECOSOC could be listed on the HRC Extranet for information purposes.”
Human Rights implications of COVID-19
The pandemic – and States’ response to it – has presented various new challenges and threats for those defending human rights. The pandemic has exposed and deepened existing discrimination, violence and other violations. Governments have used COVID as a pretext for further restricting fundamental rights, including through the enactment of legislation, and specific groups of defenders – including WHRDs and LGBTI rights defenders – have lost their livelihoods, access to health services have reduced and they have been excluded from participating in pandemic responses. Action to address the pandemic must be comprehensive and systemic, it must apply a feminist, human rights-based, and intersectional lens, centred on non-discrimination, participation and empowerment of vulnerable communities. Last March ISHR joined a coalition of 187 organisations to draw the Council’s attention to the situation of LGBTI persons and defenders in the context of the pandemic.
Reports of cases of intimidation and reprisals against those cooperating or seeking to cooperate with the UN not only continue, but grow. Intimidation and reprisals violate the rights of the individuals concerned, they constitute violations of international human rights law and undermine the UN human rights system. See also: https://humanrightsdefenders.blog/tag/reprisals/
The UN has taken action towards addressing this critical issue including:
Establishing a dedicated dialogue under item 5 to take place every September;
Affirmation by the Council of the particular responsibilities of its Members, President and Vice-Presidents to investigate and promote accountability for reprisals and intimidation; and
Appointment of the UN Assistant Secretary General on Human Rights as the Senior Official on addressing reprisals.
ISHR remains deeply concerned about reprisals against civil society actors who try to engage with UN mechanisms, and consistent in its calls for all States and the Council to do more to address the situation.
During its 42nd session, the Council adopted a resolution which listed key trends such as the patterns of reprisals, increasing self-censorship, the use of national security arguments and counter-terrorism strategies by States as justification for blocking access to the UN. The resolution also acknowledged the specific risks to individuals in vulnerable situations or belonging to marginalised groups, and called on the UN to implement gender-responsive policies to end reprisals. The Council called on States to combat impunity and to report back to it on how they are preventing reprisals, both online and offline.
Item 5 of the Human Rights Council’s agenda provides a key opportunity for States to raise concerns about reprisals, and for governments involved in existing cases to provide an update to the Council on any investigation or action taken toward accountability to be carried out.
During the organisational meeting held on 8 February, the President of the Council stressed the importance of ensuring the safety of those participating in the Council’s work, and the obligation of States to prevent intimidation or reprisals.
In line with previous calls, ISHR expects the President of the Human Rights Council to publicly identify and denounce specific instances of reprisals by issuing formal statements, conducting press-briefings, corresponding directly with the State concerned, publicly releasing such correspondence with States involved, and insist on undertakings from the State concerned to investigate, hold the perpetrators accountable and report back to the Council on action taken.
Other thematic reports
At this 46th session, the Council will discuss a range of economic, social and cultural rights in depth through dedicated debates with mandate holders, and consider the annual report of the Secretary-General on the question of the realization in all countries of economic, social and cultural rights. The debates with mandate holders include:
The Special Rapporteur in the field of cultural rights, annual report on COVID-19, culture and culture rights and country visit to Tuvalu
The Special Rapporteur on the right to adequate housing, annual report on twenty years on the right to adequate housing: taking stock – moving ahead and country visit to New Zealand
The Council will discuss a range of civil and political rights through dedicated debates with the mandate holders, including:
The Special Rapporteur on freedom of religion or belief, annual report on combating anti-Muslim hatred
The Special Rapporteur on the right to privacy, annual report on artificial intelligence and privacy, and children’s privacy, and country visit reports to the United Kingdom, France, Germany, United States of America, Argentina, and Republic of Korea.
In addition, the Council will hold dedicated debates on the rights of specific groups including:
In addition, the Council will hold dedicated debates on interrelation of human rights and human rights thematic issues including:
The Special Rapporteur on human rights and the environment, annual report on human rights and the global water crisis: water pollution, water scarcity and water-related disasters
The Special Rapporteur on the promotion and protection of human rights while countering terrorism, annual report on human rights impact of counter-terrorism and countering (violent) extremism policies and practices on the rights of women, girls and the family
Country-specific developments
China
A pile of evidence continues to mount, including the assessment from the UN Committee on the Elimination of Racial Discrimination, about policies of the Chinese government targeting ethnic and religious minorities, including Uyghurs, Tibetans and Mongolians. The rule of law is being further eroded in Hong Kong, as deeply-respected principles of due process and pluralistic democracy are disappearing at an alarming rate. Human rights defenders and ordinary citizens confront ongoing crackdowns on civic freedoms, pervasive censorship and lightning-fast recourse to administrative sanction, enforced disappearance and trumped-up national security charges to silence critics. – In the face of this, inaction has become indefensible.
The UN Special Procedures issued a sweeping statement in June 2020, calling for the international community to take ‘decisive action’ on the human rights situation in the country. At the March session, ISHR urges States to convey at the highest level the incompatibility of China’s actions domestically with its obligations as a new Council member, and to continue to press for transparency, actionable reporting and monitoring of the situation. Statements throughout the Council are key moments to show solidarity with individual defenders – by name – , their families, and communities struggling to survive. And finally, States should take every opportunity to support efforts by China that meaningfully seek to advance human rights – while resolutely refuting, at all stages of the process, initiatives that seek to distort principles of human rights and universality; upend the Council’s impressive work to hold States up to scrutiny; and weaken the effectiveness and impact of the Council for victims of violations and human rights defenders. Furthermore, other Council members should step up their commitments to the body’s mandate and purpose, and reject efforts by China and its partners and proxies. See also: https://humanrightsdefenders.blog/tag/china/
Egypt
The Egyptian authorities continue to systematically carry out patterns of reprisals against human rights defenders for their legitimate work, including for engagement with UN Special Procedures. These have included arbitrary arrests and detention, enforced disappearance, torture, unlawful surveillance, threats and summons for questioning by security agencies. The government’s refusal to address key concerns raised by States in its response to the UPR in March 2020 demonstrated its lack of political will to address its deep challenges and to engage constructively with the Council. ISHR reiterates its call on the Council to establish a monitoring and reporting mechanism on the human rights situation in Egypt. See also: https://humanrightsdefenders.blog/tag/egypt/
Saudi Arabia
In 2020, the Council continued its scrutiny over the human rights situation in Saudi Arabia. Yet, the Saudi government has failed the litmus test to immediately and unconditionally release the women’s rights activists and human rights defenders, instead they continued to prosecute and harshly sentence them for their peaceful activism. On 10 February 2021, it was reported that WHRDs Loujain Al-Hathloul, and Nouf Abdulaziz have been released conditionally from prison after spending over two and a half years in detention solely for advocating for women’s rights, including the right to drive and the dismantling of the male guardianship system. ALQST reported that WHRDs Nassima al-Sadah and Samar Badawi remain in detention and that “in a worrying development, the Public Prosecution has appealed the initial sentence issued on 25 November 2020 by the Criminal Court against al-Sadah of five years and eight months in prison, half of it suspended, seemingly with the aim of securing an even harsher sentence”. See: https://www.trueheroesfilms.org/thedigest/laureates/1a6d84c0-b494-11ea-b00d-9db077762c6c
The government’s refusal to address this key concern raised in the three joint statements demonstrates its lack of political will to genuinely improve the human rights situation and to engage constructively with the Council. ISHR reiterates its call on the Council to establish a monitoring and reporting mechanism on the human rights situation in Saudi Arabia.
Nicaragua
On 24 February, the Council will hold an interactive dialogue on the High Commissioner’s report on Nicaragua. Despite the renewal of Resolution 43/2, the human rights situation in Nicaragua has steadily deteriorated over the last months. Civil society space has sharply shrank, due to new restrictive laws on foreign agents and counter-terrorism, while attacks against journalists and human rights defenders -the last remaining independent human rights observers – continue. The lack of an independent judiciary or NHRI further deprives victims of the possibility to seek justice and redress. Whilst the repression deepens, State inaction in the face of the Covid-19 pandemic and the passage of hurricanes have also exacerbated the ongoing humanitarian crisis and the deprivation of economic, social, and cultural rights. In light of upcoming elections in Nicaragua, ISHR urges the Council to renew and strengthen its resolution on the human rights situation in Nicaragua, laying down a clear benchmark of key steps the State should take to demonstrate its willingness to cooperate in good faith, while clearly signaling the intention to move towards international investigation and accountability should such cooperation steps not be met within the year. States should also increase support to targeted defenders and CSOs by raising in their statements the cases of student Kevin Solís, Aníbal Toruño and Radio Darío journalists, trans activist Celia Cruz, as well as the CENIDH and seven other CSOs subject to cancellation of their legal status.
Venezuela
Venezuela will come under the spotlight several times with oral updates from OHCHR on the situation of human rights in the country (25 February, 11 March) and an update from the international fact-finding mission on Venezuela (10 March). OHCHR is mandated to report on the implementation of the recommendations made to Venezuela, including in reports (here and here) presented last June. The fact-finding mission has started work on its renewed and strengthened 2-year mandate, despite delays in the disbursement of funds and is due to outline its plans to the Council. Intensifying threats and attacks on civil society in Venezuela since November 2020, provide a bleak context to these discussions. States should engage actively in dialogue on Venezuela, urging that recommendations be implemented – including facilitating visits from Special Rapporteurs; that the fact-finding mission be granted access to the country and that civil society be promoted and safeguarded in its essential work.
Burundi
On 2 February 2021, the Supreme Court of Burundi announced its decision allegedly adopted on 23 June 2020 to sentence 12 defenders to life in prison. The date of the adoption of this decision was announced after the Court decided to defer it further to 30 June 2020 and again after that. The Court never assigned or informed the 12 concerned of the proceedings. This case was investigated and judged in the absence of all those concerned and the sentence only made public seven months after the alleged proceedings took place. Among the victims of this arbitrary procedure are renown lawyers such as Me Armel Niyongere, Vital Nshimirimana and Dieudonné Bashirahishize, who are being targeted for their engagement in the defense of victims of the 2015 repression in Burundi and for filing complaints for victims to the International Criminal Court (ICC) in The Hague. A group of civil society organisations denounced the dysfunctioning and lack of independence of judicial proceedings in the country. After confirming the 32 years sentence of defender Germain Rukuki, Burundi continues its crackdown against civil society. In addition to ensuring the continued work of the Commission of Inquiry on Burundi, members of the Council need to call on Burundi to uphold its international obligations and stop reprisals against defenders for engaging with any international mechanisms. See also: https://humanrightsdefenders.blog/2019/03/29/ngo-statement-condemns-new-irregularities-in-the-case-of-germain-rukuki-burundi/ The Council will hold an interactive dialogue with the Commission of Inquiry on Burundi on 10 March.
The High Commissioner will provide an oral update to the Council on 25 February. The Council will consider updates, reports on and is expected to consider resolutions addressing a range of country situations, in some instances involving the renewal of the relevant expert mandates. These include:
Oral update and interactive dialogue with the Special Rapporteur on Eritrea
Interactive Dialogue on the High Commissioner’s report on Sri Lanka
Enhanced Interactive Dialogue on the High Commissioner’s report on Belarus
Oral update and interactive dialogue with the Group of Eminent International and Regional Experts on Yemen
Interactive Dialogue on the High Commissioner’s report on ensuring accountability and justice in the Occupied Palestinian Territory, including East Jerusalem
Interactive Dialogue with the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran
Interactive Dialogue with the Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea
Interactive Dialogue with the Commission on Human Rights in South Sudan
Interactive Dialogue with the Commission of Inquiry on the Syrian Arab Republic
Interactive Dialogue with the Special Rapporteur on the situation of human rights in Myanmar
Interactive Dialogue with the High Commissioner on the situation of human rights in Ukraine
Oral updates and enhanced interactive dialogue with the High Commissioner on the situation of human rights in the Democratic Republic of the Congo, and the team of international experts on the situation in Kasai
High-level Interactive Dialogue with the Independent Expert on the situation of human rights in the Central African Republic
Interactive Dialogue with the Independent Expert on the situation of human rights in Mali
Council programme, appointments and resolutions
During the organisational meeting for the 46th session held on 8 February, the President of the Human Rights Council presented the programme of work. It includes seven panel discussions. States also announced at least 28 proposed resolutions. Read here the reports presented this session.
Appointment of mandate holders
The President of the Human Rights Council proposed candidates for the following mandates:
Expert Mechanism on the Rights of Indigenous Peoples (member from Africa)
Expert Mechanism on the Rights of Indigenous Peoples (member from North America)
Special Rapporteur on extrajudicial, summary or arbitrary executions
Special Rapporteur on the situation of human rights in Cambodia
Working Group of Experts on People of African Descent (member from African States)
Working Group on Arbitrary Detention (member from Asia-Pacific States).
Resolutions to be presented to the Council’s 46th session
At the organisational meeting on 8 February the following resolutions were announced (States leading the resolution in brackets):
Promotion of the enjoyment of the cultural rights of everyone and respect for cultural diversity (Cuba)
Human rights and the environment, mandate renewal (Costa Rica, Maldives, Morocco, Slovenia, Switzerland)
Prevention of torture and other cruel, inhuman or degrading treatment or punishment (Denmark)
Question of the realization in all countries of economic, social and cultural rights (Portugal)
Guarantee of the right to the health through equitable and universal access to vaccines in response to pandemics and other health emergencies (Ecuador)
Negative impacts of unilateral coercive measures (Azerbaijan on behalf of the Non-Aligned Movement-NAM)
Human rights, democracy and the rule of law (Morocco, Norway, Peru, Romania, Republic of Korea, Tunisia)
Freedom of religion or belief (EU)
Situation of human rights in the Democratic People’s Republic of Korea, mandate renewal (EU)
Situation of human rights in Myanmar, mandate renewal (EU)
Combating intolerance based on religion or belief (OIC)
Ensuring accountability and justice for all violations of international law in the Occupied Palestinian Territory, including East Jerusalem (OIC)
Right of the Palestinian people to self-determination (OIC)
Human rights situation in the Occupied Palestinian Territory, including East Jerusalem (OIC)
Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan (OIC)
Technical assistance and capacity-building for Mali in the field of human rights (African Group)
Persons with albinism (African Group)
Impact of non-repatriation of funds of illicit origin to countries of origin (African Group)
The situation of human rights in Iran, mandate renewal (Moldova, United Kingdom of Great Britain and Northern Ireland, Iceland)
The right to privacy in the digital age, mandate renewal (Austria, Brazil, Germany, Liechtenstein, Mexico)
The human rights situation in the Syrian Arab Republic, mandate renewal (France, Germany, Italy, Jordan, Kuwait, Morocco, Netherlands, Qatar, Turkey, United Kingdom of Great Britain and Northern Ireland)
Promoting reconciliation, accountability and human rights in Sri Lanka (Canada, Germany, Montenegro, North Macedonia, United Kingdom of Great Britain and Northern Ireland)
Situation of human rights in South Sudan, mandate renewal (Albania, Norway, UK)
Adoption of Universal Periodic Review (UPR) reports
During this session, the Council will adopt the UPR working group reports on Belarus, Liberia, Malawi, Panama, Mongolia, Maldives, Andorra, Honduras, Bulgaria, the Marshall Islands, the United States of America, Croatia, Libya and Jamaica. ISHR supports human rights defenders in their interaction with the UPR. It publishes and submits briefing papers regarding the situation facing human rights defenders in some States under review and advocate for the UPR to be used as a mechanism to support and protect human rights defenders on the ground.
Panel discussions
During each Council session, panel discussions are held to provide member States and NGOs with opportunities to hear from subject-matter experts and raise questions. Panel discussions scheduled for this upcoming session:
Annual high-level panel discussion on human rights mainstreaming. Theme: The state of play in the fight against racism and discrimination 20 years after the adoption of the Durban Declaration and Plan of Action and the exacerbating effects the COVID-19 pandemic has had on these efforts
Biennial high-level panel discussion on the question of the death penalty. Theme: Human rights violations related to the use of the death penalty, in particular with respect to whether the use of the death penalty has a deterrent effect on crime rate
Meeting on the role of poverty alleviation in promoting and protecting human rights
Annual full-day meeting on the rights of the child [two accessible panels]. Theme: Rights of the child and the Sustainable Development Goals
Annual interactive debate on the rights of persons with disabilities [accessible panel]. Theme: Participation in sport under article 30 of the Convention on the Rights of Persons with Disabilities
Debate on the midterm review of the International Decade for People of African Descent. (Commemoration of the International Day for the Elimination of Racial Discrimination)
To stay up-to-date: Follow @ISHRglobal and #HRC46 on Twitter, and look out for the Human Rights Council Monitor. During the session, follow the live-updated programme of work on Sched.
On 17 February 2021, more than 70 Non-Governmental Organizations, Faith-Based Groups and Academic Institutions called for the Biden Administration to Repeal ICC Sanctions:
The undersigned organizations urge the Biden Administration to engage constructively with the International Criminal Court (ICC). The U.S. government’s support for the ICC could help secure justice for victims in situations from Myanmar to Darfur, just as it helped facilitate the February 4 historic conviction of a former leader of an armed rebel group for war crimes and crimes against humanity in northern Uganda.There is an immediate need to act to reset U.S. policy regarding the ICC. Most urgently, we are alarmed by recent calls for the U.S. government to maintain or even expand the sanctions put into place by the Trump administration in June 2020 currently targeting the court’s work.These actions were an unprecedented attack on the court’s mandate to deliver justice and the rule of law globally, an abuse of the U.S. government’s financial powers, and a betrayal of the U.S. legacy in establishing institutions of international justice. They were also an attack on those who engage with the court, including human rights defenders and victims. These extraordinary measures have put the U.S. at odds with many of its closest allies. They also have been challenged on constitutional grounds domestically. Keeping in place the executive order authorizing sanctions would be inconsistent with the new administration’s laudable commitments to respecting the rule of law and pursuing multilateral cooperation in support of U.S. interests. It would also transform a shameful but temporary action into a standing license for other governments to attack multilateral institutions when they disagreewith those bodies’ actions. We call upon the U.S. government to rescind Executive Order 13928 and all sanctions measures against ICC officials at the earliest possible opportunity. We appeal for constructive engagement with the ICC and we urge the Biden administration and members of Congress to support that approach.
This statement was coordinated by the Washington Working Group for the International Criminal Court (WICC), an informal and nonpartisan coalition of diverse NGOs, including human rights organizations, faith based groups, professional associations, and others.
The Advocates for Human Rights, Allard K. Lowenstein International Human Rights Clinic, Yale Law School, American Civil Liberties Union (ACLU), American Jewish World Service (AJWS), Amnesty International USA, Anti-Torture Initiative, American University Washington College of Law, Associazione Luca Coscioni, Center for Civilians in Conflict (CIVIC), Center for Constitutional Rights (CCR)Center for Justice and Accountability Center for the Study of Law & Genocide, Loyola Law School, Center for Victims of Torture (CVT) Congregation of Our Lady of Charity of the Good Shepherd, US, Provinces Darfur Women, Action Group Democracy for the Arab World Now (DAWN), Eumans European Center for Constitutional and Human Rights, Fortify Rights, Global Centre for the Responsibility to Protect, Global Justice Center, Global Justice Clinic, New York University School of Law, Guernica 37, Chambers and Centre for International Justice, Human Rights and Gender Justice Clinic, City University of New York School of Law, Human Rights FirstHuman Rights Institute, Georgetown University Law Center, Human Rights Watch, Institute for Policy Studies, Drug Policy Project, Institute for Policy Studies, New Internationalism Project, International Association of Democratic Lawyers, International Center for Transitional Justice (ICTJ). International Commission of Jurists (ICJ), International Criminal Court Alliance (ICCA), International Federation for Human Rights (FIDH), International Human Rights Clinic, Boston University School of Law, International Human Rights Clinic, Harvard Law School, InterReligious Task Force on Central AmericaJ . StreetJustice for Muslims Collective. Leitner Center for International Law and Justice, National Advocacy Center of the Sisters of the Good Shepherd. Never Again Coalition, No Peace Without Justice, Open Society Foundations, Operation Broken Silence, Parliamentarians for Global Action (PGA), Partners in Justice International, Pax Christi USA, Physicians for Human Rights, Presbyterian Church (USA), Office of Public Witness, Project Blueprint,The Promise Institute for Human Rights, UCLA School of Law REDRESS, The Rendition Project
Janine di Giovanni, Senior Fellow at Yale University, wrote on 9 February 2021 in iwpr.net/ a piece “The real heroes are the journalists on the ground, fighting to bring truth to light”
Based on her many years of reporting in North Africa and the Middle East and observing revolution after revolution she published the book: The Morning They Came for Us. Here she looks back on the Arab spring and the current situation. Journalists are indeed among the most targeted as also shown by the Digest for Human Rights Laureates recently launched by THF: there are some 450 journalists and media workers among the laureates [see:https://www.trueheroesfilms.org/thedigest/laureates].
Back in 2011, it was a revelation to see thousands of people marching for freedom. Each demonstration, each revolution was different but there were common themes. The main rallying cry from the crowds in Tahrir Square or Ben Ghazi or Homs or Aleppo or Tunis was always the same: we want our freedom.
It was exhilarating. Crowds were rising up against decades of dictatorships, of corruption, voicing their frustration at the lack of opportunity. What they wanted was the right to speak and write and live in accordance with their personal liberties.
As someone who grew up first in North America, later in the UK and France, freedom of speech was a tenet of human rights I took for granted. Not so for my colleagues in Tunis who had to work underground with white-hat hackers like Anonymous to overthrow Ben Ali’s ministry of information and get their messages out. Not so for my Syrian colleagues in Aleppo or Damascus who risked everything to plead for freedom, and if they were caught, were thrown into prison and tortured or killed. Or my Egyptian friends who were tortured in prison and stripped of all rights.
What the authorities want to say is, “It’s dangerous to speak out”. The number of the missing in Syria, the number of imprisoned in Egypt is enormous: many of them are our comrades and colleagues who tried to express and explain what was happening. These activists and journalists are what their repressive governments say is a threat to “national security”.
Ten years on, what have we learned? Egypt under General Sisi remains even more repressed and dangerous for journalists than ever. The proportions of journalists attacked in 2020 as opposed to ten years ago is shocking: according to the Committee to Protect Journalists, nearly 27 journalists are imprisoned, two murdered and one missing.
This includes Aamar Abdelmonem, a freelancer, imprisoned in December 2020 on false charges, denied medication in prison (he is diabetic) and his eyeglasses. When I read about the cases of my colleagues who are incarcerated for simply telling the truth, I realize how lucky I am to live in a society where I can write what I choose.
Always, when I think of press freedom I think of my colleague Jamal Khashoggi, murdered by henchmen under the order of Prince Mohammed bin Salman of Saudi Arabia. Jamal’s work is not over – it lives on in the spirit of every reporter working to bring truth to light. They are not only journalists but also lawyers, human rights defenders, members of civil society. You might not hear about them – because they are working quietly but with great precision and care. They are my heroes.
As an international journalist, I am forever grateful to the journalists working under the radar in these countries – the ones who risked arrest to meet with me or speak with me or share their experiences or notes, the ones who came to my hotel in Cairo, risking everything, the ones who met me in Damascus cafes under the eyes of the mukhabarat, then saw the security guards and had to flee. The ones on the ground working when the international press cannot.
They are our heroes, our inspiration and above all, our colleagues. We must not forget them – and we must do everything in our power to protect them. Part of the reason I am proud to be a part of the IWPR international board is to spread the word of the excellent work that is done on the ground by my colleagues. In the words of the former assistant secretary general for human rights at the United Nations, Andrew Gilmour, we are living in times when the pushback to human rights has never been greater. Which means those of us who can raise our voices louder to protect our friends on the ground must do so, with conviction and passion.
Janine di Giovanni is a Senior Fellow at Yale University’s Jackson Institute for Global Affairs, IWPR international board member and the author of nine books. In 2020, the American Academy of Arts and Letters gave her their highest prize for non-fiction for her lifetime body of work, which largely focuses on human rights.
On 15 January 2021 The International Service for Human Rights (ISHR) published a long interview with Alicia Wallace, a human rights defender from the Bahamas. Here it is in full:
“I remember to be hopeful, not because it feels good or because I am waiting for something to happen on its own, but because I believe in my own power and the magic we create when queer people, Black people, women come together to channel our rage, righteous and raw, into sustained action.”
The year is 2050. What does the world look like – in particular for women, Black people, LGBTI people?
We are making strides toward equality and we are centered in all decision-making processes. We are protected and respected. It is a norm for us to be in positions of leadership. Diversity is expected. We are as safe at night as anyone is during the day. We have access to education, healthcare, food, and housing. All of our needs are met. Redistribution of wealth is in progress. Our survival is not dependent on or propping up the capitalist system. We are defining justice for ourselves. We recognise ourselves as the source of our own healing.
How did your work help achieve the vision you just described?
My work provoked conversation. It made information, from academic theory to changemaking methodologies, accessible to everyone. I created spaces where people have been comfortable to question, critique, challenge, learn, share, and create. I developed tools for all of us to be able to think outside of the reality we used to know. We knew we were not bound to it because I put significant emphasis on imagination and future-making. I found a way to fight the injustice we faced and facilitate collaborative visioning, imagining, and creating. We channeled our rage, weaponised hope (inspired by the work of artist Angelika Wallace-Whitfield), and we came together to co-create the futures. I helped to create tools and systems to enable that practice.
Was there a defining moment in your life that motivated you to defend human rights?
I am a queer Black woman. I have student loan debt. I am unwaged. I am a survivor of violence. My life is a collection of moments that make it necessary for me to defend and promote human rights if I am to survive and leave the world better than I met it. Perhaps what prompts me to action is recognition of another important fact—I have privilege. I have had experiences I may never speak of, and I know that my circumstances could be a lot worse. It is important for me to use what I have to help us all get what we ought to have had a long time ago. For me, the defining moment happens over and over again, when I feel rage threatens to control my body, and I remember to be hopeful, not because it feels good or because I am waiting for something to happen on its own, but because I believe in my own power and the magic we create when queer people, Black people, women come together to turn channel our rage, righteous and raw, into sustained action.
Do you face any threats and attacks because of your work?
I’ve been experiencing rape and death threats for the past six years. Most of it has been online. The most troubling threats come following participation in direct action or agitation from people in positions of influence. In 2018, when I participated in the 71st session of the Committee on the Elimination of Discrimination against Women (CEDAW) in Geneva, a radio personality made dangerous statements about me on the air. The same person incited the first threats of violence against me in 2014, so I knew I needed to take it seriously. I made a report to the CEDAW focal point on reprisals, but the outcome was not favorable. A government representative called me to suggest I report the incident to the police, but did not offer support in doing so and could not cite an offense, according to Bahamian law, that I would be reporting. It was a ridiculous suggestion that gave me no help. The government, of course, reported its “action” to the UN, even claiming that I said I no longer felt unsafe. I told the focal point that this was untrue and that, at the very least, the government should have been instructed to publicly state its support for human rights defenders, enact hate speech and hate crime legislation, and direct the radio personality to cease and desist all reference to me and any other human rights defenders. It would have cost the UN nothing to support me and other human rights defenders by making these recommendations to the government. Instead, I am left to fend for myself in a place where I continue to live and work without protection, legal or otherwise.
On this see what was stated by Andrew Gilmour in December 2019: “The Bahamas responded to the allegations of intimidation and reprisals against woman human rights defender Alicia Wallace after she engaged with the Committee on Elimination of all forms of Discrimination against Women (CEDAW). She and her colleagues were subjected to hate speech by a well-known radio personality, the effect of which was to create an unsafe environment for Ms. Wallace and other women human rights defenders. The Bahamas affirmed its commitment to protect human rights defenders and ensure that they can engage freely with the UN. The delegation told the Council that authorities proactively provided assistance to Ms. Wallace to guarantee her safety.”[from: https://humanrightsdefenders.blog/2019/09/23/andrew-gilmours-2019-report-on-reprisals-it-gets-worse-but-response-remains-mostly-rhetoric/]
What could be done for you to be able to work safely and effectively?
Institutions and people in positions of power need to rebuke violence, harassment, and threats of violence. The State needs to enact legislation against hate crimes and hate speech. It needs to publicly state its support of human rights defenders, make it clear that the relationship between itself and advocates is complementary, not adversarial, and assert that it will protect us. The United Nations and other bodies in control of international mechanisms and reporting processes need to take responsibility for the safety and security of the human rights defenders it depends on to monitor and evaluate State action. These organisations need to raise the bar, calling States to higher standards. They have to make it clear to States and the general public that the safety and security of human rights defenders are a matter of priority before we are detained, disappeared, or murdered.
How has the Covid-19 pandemic affected your work?
It has, as predicted, increased the volume of work. People, especially vulnerable people, are suffering. The pandemic has created crisis after crisis, from domestic violence and unpaid care work to unemployment and disruption of education. In anticipation of the effects of COVID-19 and State actions in response to it, Feminist Alliance for Rights (FAR)—where I am a steering committee member—produced guidelines for feminist policymaking during this time. This is one of the most critical pieces of work I have contributed to this year. In addition, I have been engaged in rapid response, working on policy recommendations to end gender-based violence, and continuing the regular programming of Equality Bahamas. It has been a busy year, but one of learning and where I have been able to see and strengthen my own agility. Human rights defenders have to be able to anticipate, prepare, respond, pivot, assess, and revise at all times, and especially during the crisis. The work has intensified and been taxing, but I believe that we have learned more this year than we have in years gone by, people are more aware of inequalities, and in addition to getting more people on our team, we can get institutions to make substantive change.
You are the producer of a monthly newsletter called The Culture RUSH. How does fusing pop culture with social justice help achieve your vision?
I want people to understand the movement for justice and equality. I want to see a broader understanding of feminism, women’s rights, LGBTQ+ people’s rights, and the importance of centering vulnerable people in decision-making processes, programmes, and activities. We need more people on our team. That requires two main actions: communicating in clear, accessible ways, and meeting them where they are in order to deliver the message. Academic text, feminist theory, and the language of institutions and advocacy are not as appealing or accessible as pop culture. People know what’s going on in Cardi B’s marriage, Megan Thee Stallion’s friend group, and the lives of real housewives. If WAP gets us talking about women’s pleasure, let’s talk about women in rap, lyrics, and music videos. In The Culture RUSH, I make connections between pop culture and social justice. In January 2021, I am starting Scorch, a paid subscription newsletter breaking feminist theory and academic text down into digestible bites (similar to Blinkist). I’m excited about making human rights and social justice accessible and interesting to wider audiences. When people are interested, they’re more likely to get invested, and when they’re invested, we can convince them to take action with us. People power is how we win.
Thank you, Alicia!
Alicia A. Wallace is a queer Black feminist, gender expert, and research consultant. She is the Director of Equality Bahamas which promotes women’s and LGBTQ+ rights as human rights through public education, community programming, and advocacy. Her work has included a two-year educational campaign ahead of a national referendum on gender and citizenship, the design and coordination of Women’s Wednesdays—a month event series bringing women together to share knowledge and ideas—and management of a disaster relief donation and distribution center. Alicia is also a steering committee member of Feminist Alliance for Rights (FAR). She has a weekly column on social and political issues in the Bahamian daily newspaper The Tribune and has published academic papers.
Photo credits in order of appearance: Blair J. Meadows, Equality and Justice Alliance, Equality Bahamas
There’s a saying in show business that you can spend 20 years becoming an overnight star. In politics, the same is true in reverse, as the sad case of Mary Robinson and Princess Latifa of Dubai shows. Mary Robinson as former UN High Commissioner for Human Rights and a widely-honored human rights defender [with 9 awards to her name, see: https://www.trueheroesfilms.org/thedigest/laureates/4E44A265-DF1A-45E2-8C6A-3294577EA211] was a much admired personality. For that reason I was reluctant to highlight her role in the sad case back in December 2018, although many human rights NGOs (including AI and HRW) did criticise her.
The former UN human rights Commissioner has been criticised for describing the daughter of Dubai’s ruler as “troubled” after she was reportedly forcibly returned to the kingdom after fleeing months earlier. Mary Robinson met with Sheikha Latifa on 15 December and photos released showed the two women smiling together in what appears to be a home. Ms Robinson, the former president of Ireland, told BBC’s Radio 4 the princess was a “vulnerable” woman with a “serious medical situation” for which she was receiving psychiatric care.
Immediately the highly publicised and bizarre meeting in December was panned by rights groups for being stage-managed by the Emirati ruling family (Ms Robinson is a personal friend of Sheikha Haya, a wife of the Dubai ruler.) Defending her comments, Ms Robinson released a statement saying: “I am dismayed at some of the media comments on my visit and I would like to say I undertook the visit and made an assessment, not a judgement, based on personal witness, in good faith and to the best of my ability.”
Toby Cadman, a barrister instructed by Detained in Dubai to act on behalf of the princess, told Review: “I am extremely disappointed that she would lend herself to what has been interpreted as a whitewash. “We have requested an independent assessment of [Princess Latifa’s] state of mind and her physical well-being. It’s up to the United Nations to be satisfied that she is not being detained against her will.” Then in January 2019 Mrs Robinson stated that she contacted Michelle Bachelet, UN high commissioner for human rights. On 18/02/2019 Former Irish president Mary Robinson said she has no regrets over getting involved in the case of a Dubai princess who had tried to flee the UAE.
Exactly one year on from Latifa’s dramatic capture at sea, rights groups told The Independent they were deeply concerned about her welfare and still had no knowledge of what happened to her between her March 2018 capture and December when she reappeared in Dubai. Pleas to the UAE for an independent delegation to be granted access to the royal to assess her, have gone unanswered. “Human Rights Watch is still calling for her to be able to travel to a third country where we and other monitors can be assured she is able to speak freely and independently without fear of retaliation,” Hiba Zayadin of HRW told The Independent. “Ms Robinson is not equipped to make an evaluation of Latifa, who was in the presence of people who allegedly forcibly disappeared her,” she added.
Amnesty International put out a similar call. “There has been no reply from the UAE, which has never responded to anything regarding domestic human-rights abuses that Amnesty International has attempted to raise with them,” said Amnesty’s Devin Kenney.
Now, 16 February 2021, after new footage was shared by BBC Panorama, in which the 35-year-old daughter of the ruler of Dubai has confirmed that commandos drugged her as she tried to flee by boat and flew her back to detention and accused her father, Sheikh Mohammed bin Rashid Al Maktoum, of holding her “hostage”, Mrs Robinson has stated that she feels “horribly tricked” by the family of Princess Latifa Al Maktoum, and has joined in calls for immediate international action in order to establish Princess Latifa’s current condition and whereabouts
Robinson is rightly revered for her life’s work, and that work is not invalidated by her unacceptable interference in the case of Princess Latifa. But her reputation has been tarnished by this.
On 17 February 2021, 10 human rights NGOs addressed an Open letter to all Commonwealth Heads of Government
Excellencies,
Re: Call for independent investigation into Rwandan singer Kizito Mihigo’s death
On the one-year anniversary of the death of popular gospel singer and peace activist, Kizito Mihigo, civil society organizations around the world are calling on the Rwandan authorities to allow an independent, impartial, and effective investigation into his death in custody. As your governments prepare to attend the Commonwealth Heads of Government Meeting in Kigali in June, we are writing to ask you to engage with your counterparts in the Rwandan government in support of this call.
On February 14, 2020, the Rwanda Investigation Bureau (RIB) confirmed that Mihigo had been arrested close to the border, accused of attempting to illegally cross into Burundi, joining “terrorist” groups and of corruption, as well breaching the terms of his release from prison in 2018. Just days later, on February 17, 2020, Rwanda National Police announced that Mihigo had been found dead in his police cell in Kigali at 5 am that morning, in an alleged suicide. See: https://thedigestapp.trueheroesfilms.org/laureates/f8f64eb0-a9b5-40b2-a5f5-ccfb52168854/edit
However, there are reasons to doubt this version of events. In Rwanda, dissidents and critical voices are often the target of threats, judicial harassment, and arbitrary arrest. In recent years, several opposition members and journalists have gone missing or been found dead in suspicious circumstances. After he released a song in 2014 expressing compassion for victims of the genocide and of other violence, understood as a reference to the crimes committed by the ruling Rwandan Patriotic Front as it took control of the country in 1994, Mihigo was threatened, detained incommunicado, and imprisoned for several years. After his release in 2018, and up to the days before his death, Mihigo informed contacts that he was being threatened to give false testimony against political opponents of the government and wanted to flee the country because he feared for his safety. The news of Mihigo’s death caused shockwaves in Rwanda and beyond. Before falling out of favour with the government in 2014, Mihigo had played a prominent role in Rwandan public life including helping to compose the new national anthem in 2001 and regularly performing at official functions. A genocide survivor himself, Mihigo’s work to promote reconciliation received equally widespread recognition; in 2011, for example, First Lady Jeannette Kagame presented him with a Celebrating Young Rwandan Achievers award in honour of his work.
On the day that Mihigo’s death was announced, and before an independent investigation could have been conducted, RIB spokesperson Marie-Michelle Umuhoza told local media that Mihigo had “strangled himself” with his bedsheets, had displayed “unusual behavior” while in custody, and had refused to speak with investigators, his lawyer and his family. On February 26, citing an autopsy report, the National Public Prosecution Authority concluded that Mihigo’s death “resulted from suicide by hanging” and said that it would not pursue criminal charges…
Mihigo is one of several detainees to have died in suspicious circumstances while in detention in Rwanda over the last several years. Independent, impartial and effective investigations capable of leading to credible prosecutions are essential to deter future violations and to promote accountability, justice, and the rule of law, and failure to conduct such investigations is a violation of the state’s obligations under the right to life.
In the Commonwealth Charter of 2013, member states reaffirmed their core values and principles, including upholding human rights, freedom of expression, the rule of law and the role of civil society. Holding the CHOGM summit in Rwanda without addressing the absence of progress by Rwandan authorities towards accountability for human rights concerns more generally, and Mihigo’s death in particular, casts serious doubts on the Commonwealth’s human rights commitments.
For the sake of human rights in Rwanda and the integrity of the Commonwealth, we urge you to support the call on the Rwandan authorities to allow an independent, impartial, and effective investigation into Mihigo’s death in custody.
Hans Thoolen on Human Rights Defenders and their awards 