The Geneva Academy’s new publication Optimizing the UN Treaty Body System outlines a series of recommendations related to the functioning of United Nations Treaty Bodies (UN TBs) to prepare for the upcoming review of UN TBs by the UN General Assembly in 2020. ‘While the last words will remain with states and TBs members, this report can provide a basis for negotiations and the blueprint for future changes’ underlines Felix Kirchmeier, co-coordinator of the Academic Platform on Treaty Body Review 2020.
This work is the outcome of a three-year consultative process to collect academic inputs and ideas via the creation of an academic network of independent researchers, a call for papers, a series of regional consultations, annual and expert conferences, as well as ongoing interactions with key stakeholders: states, treaty bodies, national human rights institutions, civil society organizations and the Office of the UN High Commissioner for Human Rights and other parts of the UN. ‘The issue of TBs’ reform is almost as old as the system itself: many proposals that are on the table today were already formulated before. Our academic contribution takes these proposals out of their political context by analysing them, their relevance, their likelihood to be implemented and the possible need for updates’ adds Felix Kirchmeier.
The final objective of the publication and of the entire process is to make the TB system ‘fit for purpose’ by outlining measures to optimize its functioning, effectiveness and efficiency while safeguarding its key protection role and maintaining the existing legal framework.
‘While the publication provides several detailed recommendations, it notably call for a consolidated state report and a single review, or a semi-consolidated state report and two clustered reviews; the implementation of incremental changes in the TBs working methods; and a consolidation of TBs’ structure in terms of membership, as well as financial and substantial support’ underlines Kamelia Kemileva, Executive Manager at the Geneva Academy and co-coordinator of the Academic Platform on Treaty Body Review 2020.
The 45-page study contains many interesting ideas and I copy here only one of particular interest which is to improve the system’s accessibility and visibility:
To meet its purpose, TB output must be accessible and visible. Many contributors expressed concern on this account. Modern technology offers easy solutions, some of which have been implemented but could be taken further.
Contributors unanimously welcomed the webcasting of country examinations and consider it an important improvement. However, they recommended that webcasts should be broadcast and archived in all working languages, as well as the language in which the review is held – the only one that is available at the moment. They also suggested that webcasts should be easier to access via links on the OHCHR home page in each country and via each committee’s session web page.
Many contributors also called for a readily accessible, up-to-date, comprehensive database of TB jurisprudence. It was noted that information on TB findings is currently hard to find (when available), that the database is incomplete, and that decisions are not always available in all UN official languages. Accessing and understanding TB jurisprudence remains a challenge for all stakeholders – whether they are victims of human rights violations, TB members, states, national and regional human rights mechanisms, civil society organizations, or scholars.
Contributors recommended that more user-friendly fact sheets and jurisprudence summaries should be prepared to disseminate TB findings and other important developments.
To increase visibility, contributors proposed maintaining dedicated pages on social media platforms. This would bring TBs’ work to the attention of larger audiences, assist Committees to update information on their activities, and create followers. More generally, the system’s achievements and impact on rights-holders should be better documented and publicized.
For those who think that muzzling human rights defenders is an exclusively non-western affair, look at these examples: Poland and Israel.
On 9 May 2018 Katharina Rall, environment researcher at Human Rights Watch, critically looks at Poland‘s efforts to hamper the freedom of expression and demonstration by human rights defenders at the forthcoming climate summit, known as the COP24. It will bring together state parties to the UN Framework Convention on Climate Change (UNFCCC), and thousands of experts, journalists, businesses and nongovernmental groups. UN experts cite concerns about the ban on spontaneous assemblies in Katowice during the talks, which will make it difficult for groups to respond to developments at the negotiations. In a letter sent to the Polish government last month they said that by “curtail[ing] the possibility of spontaneously expressing views about the unfolding of the climate talks and organizing peaceful assemblies to this effect”, the new law appears to go beyond the rights restrictions necessary to ensure security and safety at the conference. The UN experts also noted that the law “appears to give sweeping surveillance powers to the police and secret services to collect and process personal data about all COP24 participants”. This is a serious issue for the safety of climate activists at the summit. [The Polish government has yet to respond to the UN rights experts. But a reply from the Polish environment minister to similar concerns raised by the Bureau of the Aarhus Convention, a regional human rights and environmental body, has done little to dispel them.]
Just the day before, 8 May 2018, AP reported that Israel’s Interior Minister, Arieh Deri, has ordered the head of the local office of Human Rights Watch to leave the country within 14 days for allegedly supporting boycotts of Israel. HRW responded that it stands by Omar Shakir, a U.S. citizen of Iraqi descent, and accused Israel of trying to muzzle criticism of its human rights record. It says neither it nor Shakir support boycotts, and that it will challenge the decision in court. Iain Levine, a Human Rights Watch official, says Israel’s actions, such as compiling a dossier on Shakir, and “deporting human rights defenders is a page out of the Russian or Egyptian security services’ playbook.” [In April last year his appointment had already let to controversy, see: https://humanrightsdefenders.blog/2017/04/27/human-rights-watch-granted-israeli-work-permit-in-the-end/]
On 8 May 2018 a new NGO was launched: the “International Human Rights Council – Hong Kong” (IHRC-HK) based in Hong Kong . The geographical gambit is not totally clear but the press release speaks of the “active participation of the dedicated human rights defenders from the various countries in Asia, specifically from the region of South Asia”, while a footnote states that the IHRC-HK is a “regional human rights” organisation.
Mr. Baseer Naveed, the executive director, while announcing the formation of the IHRC-HK, stated, that it is to “Articulate the voice of the victims, place it in their proper human and legal context, examine the justice delivery system with a view to its reform and the enforcement of the rule of law both for punitive and preventive action”. The IHRC-HK says it will focus on cases of individuals that are subjected to violations by the State and their functionaries exposing also the institutions of justice which have become the tools of injustice and repression. These can be followed by Urgent Responses, Statements, and Reports for sessions of the UN Human Rights Commission and different stakeholders. The purpose of Urgent Response is: To expose the authorities that have turned a blind eye to abuses, press for immediate legal action against perpetrators, redress to the victims and to mobilize civil society response by way of signatures.
The new NGO claims a very broad mission: “the strengthening of democracy and human rights, Constitutional Rights, Legal Empowerment, particularly among Women, Minorities and persons with Special Needs by campaigning for the establishment of the Rule of Law and the strengthening of the institutions of justice…..The IHRC-HK will work for justice, peace by promoting human dignity and equality within the community and in the State institutions. Wherever possible seek ways to promote Sustainable Development thereby guaranteeing the socio-economic rights of the people.”
There is preciously little information on the new organisation’s effective capacity, from where it gets its funding and how it distinguishes itself from existing NGOs, such as the Asian Human Rights Commission or Forum-Asia. Time will tell.
I reported already on the creation of a new award in Mexico [https://humanrightsdefenders.blog/2018/03/24/new-national-award-to-honor-slain-mexican-journalists/]. On 3 May 2018, the Mexican journalist Daniela Rea, known for her chronicles of the violence gripping her native country, was awarded the first edition of the Breach-Valdez Prize in Journalism and Human Rights. “We are gathered here today for them, for a prize born out of pain,” Rea said on accepting the award from Valdez’s widow. “But we are also here for all those other colleagues, many of them anonymous, who continue going out into the street, notebooks in hand, to ask questions, to write, to try to understand the workings of this machinery of death… despite our narco-government.”
(Rea, 35, was born in Guanajuato, in central Mexico, but launched her journalism career in the eastern state of Veracruz, one of the most violent in the country because of turf wars between rival drug cartels. From 2005 to 2012 she worked in Mexico City for respected newspaper Reforma, focusing on the consequences of the Mexican government’s decision in 2006 to deploy the military to fight drug trafficking. “I didn’t make a conscious choice and say ‘I’m going to write about human rights.’ It was the natural result of writing about Mexican life,” Rea told AFP.)
Two U.S. human rights lawyers were detained Sunday 29 April 2018 for 14 hours at Israel’s Ben Gurion International Airport before being deported back to the United States. Columbia University’s professor of law, gender and sexuality studies Katherine Franke and Center for Constitutional Rights’ executive director Vincent Warren were repeatedly questioned about their associations with groups critical of Israel. They were part of a delegation of American human rights defenders heading to Israel and Palestine to learn about the human rights situation and meet with local activists. They arrived back in New York City early Monday. Hear the interview with Vincent Warren and Katherine Franke via:
Yesterday, 3 May 2018, was World Press Freedom Day and many noteworthy activities took place. The Economist and many other newspapers of course paid attention with grisly statistics from the Committee to Protect Journalists and other sources. It was also a time to award courageous journalists and cartoonist; just to mention a few:
Musa Kart was announced as the 2018 laureate of the International Press Cartoon Prize by Cartooning for Peace.
The 2018 International Press Cartoon (or Drawing) Prize, presented biannually in Geneva, was awarded to the Turkish cartoonist who was recently sentenced to almost four years in prison for “aiding terrorism”. He is a 64-year-old artist working with the Turkish daily newspaper Cumhuriyet and was described as a “free spirit and a remarkable artist” by Swiss cartoonist Chappatte, a member of the jury.
It was also the day of the presentation of the first Ari Rath Prize for Critical Journalism (established to honour journalists who have rendered outstanding services to critical reporting on immigration, expulsion and asylum, committed to respect for human rights, in the spirit of the former editor-in-chief of the Jerusalem Post, who died in January 2017). Austrian journalist Alexandra Föderl-Schmid was the laureate.
The Stockholm Center for Freedom (SCF) partnered with the London-based International Observatory of Human Rights (IOHR) to commemorate World Press Freedom Day in Stockholm with an event focused on Turkey, which leads the world in the highest number of journalists in jail. According to SCF data, 258 journalists and media workers were in jail as of today, with 59 of them already convicted on dubious charges of terrorism, defamation and coup plotting. In addition, 142 Turkish journalists who were forced to go into exile or still remain at large in Turkey are wanted for arrest by authorities.
Nine NGOs wrote on World Press Freedom Day a joint letter expressing deep concern over the continued arbitrary detention of Tashi Wangchuk, a Tibetan language advocate arrested in 2016 after giving an interview to the New York Times. Tashi Wangchuk has since been tried for “inciting separatism,” a politically motivated charge that violates his rights to freedom of expression and association. [Tashi Wangchuk began raising public concern for the lack of rightful Tibetan-language education …In late 2015, he spoke with the New York Times in an interview about his attempts to promote the teaching of Tibetan; he insisted the interview be on the record. A journalist from the New York Times also accompanied him to Beijing, where Tashi Wangchuk attempted to file a lawsuit to ensure local authorities guarantee the provision of Tibetan language education. The result was an article and video documentary featured in the New York Times in November 2015.
In his article, Tashi Wangchuk insisted that his language advocacy was peaceful and non-political. His attempts to persuade the Chinese government to guarantee Tibetan language instruction were conducted through official channels and he made it clear that he was not advocating Tibetan independence. Instead, his main focus was ending the destruction of Tibetan language and culture. Despite taking these precautions, Tashi Wangchuk was arrested on 27 January 2016, held in an unknown location and later stood trial in a closed session. See also:
And then there were many smaller events all around the globe that also deserves attention, such as Amnesty International Nepal voicing support to journalists as human rights defenders (such as Charan Kumar Prasai and Subodh Pyakurel and Rajan Prasad Kuikel).
On 1 May 2018 the International Service for Human Rights (ISHR) published its 2017 annual report (“Time for ambition, cause for hope”), outlining its impacts during 2017 and vision for 2018 and the years ahead.
Here are just a few examples of major achievements:
Through its Human Rights Defender Advocacy Programme, ISHR helped defenders from across the world develop networks of support and influence, build energy and resilience, and become even more effective advocates for national-level change.
In consultation with LGBTI persons and organisations from all regions, and with input from eminent legal experts from across the world, ISHR developed and launched the Yogyakarta Principles Plus 10.
Following a three year campaign undertaken in partnership with the Burkina Faso Coalition of Human Rights Defenders and the West African Human Rights Defenders Network, in June ISHR secured the adoption of a national law on the protection of defenders in Burkina Faso.
ISHR provided human rights defenders with international and regional advocacy platforms by supporting them in giving evidence and testimony at the Human Rights Council in Geneva and the African Commission on Human and Peoples’ Rights in Banjul.
ISHR provided defenders with comprehensive and practical guidance to leverage the UN, with a new manual on engaging with the Third Committee of the General Assembly in English, Spanish and French, and a fully revised manual on navigating the UN Committee on NGOs in Arabic, Spanish, French and English.
ISHR also provided defenders with access to the most up-to-date information and advice via social media in Chinese, French, English and Spanish.
We’ll leverage the 20th anniversary of the Declaration on Human Rights Defenders to strengthen the recognition and protection of human rights defenders under international and regional law, and through the development and effective implementation of corporate policies on defenders.(eg, https://humanrightsdefenders.blog/2018/04/17/20th-anniversary-un-work-on-human-rights-defenders-assessed-by-ishr/) We’ll ensure that national mechanisms for the protection of defenders are adapted and respond to the particular risks faced by women human rights defenders. Our Human Rights Defender Advocacy Programme will substantially strengthen the skills, networks, resilience and impact of defenders working on women’s rights, LGBTI rights and in restrictive environments. Additionally we’ll provide human rights defenders from across the world with an innovative online e-learning platform, giving them access to training and tactical support and linking them with a community of practice and solidarity. And through our Human Rights Defender Fellowship Programme, we will provide at least three defenders at risk with up to six months of intensive training and strategic advocacy support.
Two major cases of universal jurisdiction – after years of work – have finally borne fruit in the month of April 2018: One verdict in Switzerland (Sperisen) and one in the Democratic Republic of the Congo (Colonel “Marocain”) make the case that the mobilization of human rights defenders and civil society can really make a change.
New Tacticsis organizing podcast conversations on the potential of podcasting in human rights activism and the power of narrative storytelling. Hosted by Gianna Brassil. Podcasts are downloadable episodes of audio content, typically part of a series on a thematic topic. Over the past few years, podcasts have grown into a dynamic media form, with niche shows catering to listeners’ political, cultural, educational, musical, and technological audio palate. While podcasts are often produced by professional radio stations, they can also be created independent media creators. The freelance nature of podcasts makes them a unique tool for activists who want to broaden the audience of their message through a low-cost means.
New Tactics created its own podcast that explores issues of representation, the value of oral storytelling, and accessibility in creating independent media. The tension between a podcast’s entertainment value and the representation of human suffering is a topic that we grapple with in our podcast. We ask questions about how we can create stories that are honest and empathetic, meanwhile knowing that sometimes it is impossible to “create comprehensible stories out of the incomprehensible” (That the World May Know, James Dawes). Our podcast guests also discuss the uniqueness of voices and oral storytelling as tools to re-humanize conflicts and highlight the experiences of individual human lives. Finally, we discuss the accessibility of podcasts. With a microphone, simple audio editing software like Adobe Audition or Garageband, and an online platform such as Soundcloud to distribute episodes, activists can reach countless potential listeners. The power of becoming a media creator cannot be underestimated, and this episode seeks to demonstrate how media creators have the ability to reshape the landscape of representation, define for themselves what it means to be a human rights activist, and nuance an audience’s conception of how human rights stories can be told.
After 20 years with the APT, Barbara Bernath will be the new Secretary General on 1 July.
The Association for the Prevention of Torture (APT) has appointed Barbara Bernath as it’s new Secretary General, as of 1 July 2018. [see: https://humanrightsdefenders.blog/2017/12/15/mark-thompson-old-hand-in-apt-leaves-in-2018/] Ms. Bernath has extensive experience in torture prevention with the APT over the last twenty years, including as Chief of Operations since 2009. She has worked in all regions of the world and is very much appreciated by the broad variety of governmental and non-governmental partners of the APT.
“Barbara Bernath is the right person to implement APT’s Strategic Plan and pursue the Agenda for Change adopted by the Board. She is aware of the new challenges regarding the prevention of torture and will know which measures to take in the future to address them, taking into consideration the expectations from our partners in the field,” stated APT President, Martine Brunschwig Graf.
“We must propose concrete steps that can address the root causes of torture and ill-treatment, facilitate dialogue among all actors and accompany them in their national efforts towards societies free of torture.” said Barbara Bernath.
A Swiss/French national, Barbara Bernath holds a Master’s Degree in international law from the Geneva Graduate Institute of International and Development Studies (IHEID). Before joining the APT, she worked as a Delegate of the International Committee of the Red Cross and held several posts in the human rights field including with the Swiss Federal Department of Foreign Affairs. She speaks French, English, Spanish and German.
Hans Thoolen on Human Rights Defenders and their awards 