Martin Ennals Foundation, together with the Geneva Academy, IBAHRI, and ODAGE, is organizing a high-level panel discussion on how to effectively defend human rights lawyers in authoritarian times. Today 24 June at 13h30 Geneva time. With Belarussian human rights activist Tatsiana Khomich, sister of political prisoner Maria Kalasnikova; Xu Yan, wife of 2021 Martin Ennals Laureate Yu Wensheng of China; and Turkish human rights lawyer Ayşe Acinikli. You will also have the opportunity to hear Diego García-Sayán, UN Special Rapporteur on the Independence of Judges and Lawyers, Baroness Helena Kennedy QC and ISHR Director Phil Lynch.
The MEA has also started an occasional newsletter with in this summer edition:
After a successful campaign, nominations for the 2022 Martin Ennals Award are now closed. We are excited by the high-quality nominations and thank those who contributed to our search for the next generation of human rights heroes. Meanwhile, our support for human rights defenders continues through the Martin Ennals programs.
Director Isabel de Sola shares how education is paving the way for a more sustainable human rights movement. She informs about the Foundation’s education project – a program aimed at familiarizing students with the concept of human rights and the causes promoted by our Defenders.
Programme Officer Cristina Rendón writes “It takes a village to protect defenders”. Because the three 2021 awardees were unable to communicate freely with the Martin Ennals Foundation, we had to reinvent our “Geneva Residency” programme by extending its activities to the support networks of our awardees. We learned about the importance of building a strong network of allies who can support defenders, in the good times and the bad
Scholars at Risk is seeking nominations for the 2021 Courage to Think Award, which will be presented during an award ceremony at its annual Free to Think event in November 2021. Please submit a nomination by July 31, 2021, here.
The Courage to Think Award recognizes individuals, groups, or institutions that have demonstrated an exemplary commitment to protecting scholars and promoting academic freedom, whether through their professional work, private or community service, or by facing personal risk. For more of this award and its laureates, see: https://www.trueheroesfilms.org/thedigest/awards/165B4CC5-0BC2-4A77-B3B4-E26937BA553C
On 21 June 2021 the Gulf Centre for Human Rights pays tribute to prominent Emirati human rights defender Alaa Al-Siddiq who died in a tragic car accident in the UK, and joins the growing calls for an investigation into the circumstances of her death.
The Gulf Centre for Human Rights (GCHR) is deeply saddened by the loss of courageous Emirati human rights defender Alaa Al-Siddiq, Executive Director of ALQST for Human Rights and a Senior Researcher at Wejha Centre for Studies, who died tragically in a car accident in Oxfordshire, the United Kingdom on 19 June 2021.
We would like to pay tribute to her unique courage, her kind heart, her wonderful personality, and her tireless work to defend human rights in the United Arab Emirates (UAE), Saudi Arabia and other Gulf countries. We will remember the anniversary of her loss as the Day of the Gulf Women Human Rights Defenders.
Alaa was a forceful and determined 33-year-old woman. She was outspoken and always defended her father, Sheikh Mohammed Abdul Razzaq Al-Siddiq, a prisoner of conscience who is a member of the “UAE 94”. In 2013, he was sentenced to ten years in prison in a show trial based on trumped-up charges, that violated international standards.
Documenting human rights violations in the UAE and other Gulf countries comes at a price. Despite all the challenges and threats she faced, Alaa never stopped fighting for freedom for her father and other wrongfully detained prisoners of conscience, hoping for a country that respects human rights including freedom of speech.
Alaa’s role as Executive Director of ALQST, a leading organisation in documenting human rights abuses in Saudi Arabia, didn’t make things easier. Alaa was always receiving threats on her Twitter account: https://twitter.com/alaa_q, yet she dealt with the e-flies with patience, civility and respect.
Her relationship with GCHR was a very strong and fruitful one that produced a report, “Torture in the United Arab Emirates: The Tolerance Charade“, published in March 2021 with the Wejha Centre for Studies. She also contributed to several successful online events using Zoom and Clubhouse, including a side event during the 45th session of the United Nations Human Rights Council in October 2020.
In December 2020, Alaa was among the WHRDs in the MENA region that GCHR celebrated via a Twitter campaign during the #16DaysofActivism against gender-based violence (GBV). (See the main image above.)
“It is a very big loss, and no one will be able to fill her empty place,” said Khalid Ibrahim, GCHR Executive Director, who added, “It is a very sad day for me as we have lost a wonderful woman, a true courageous, independent, hardworking and ever-patient advocate.”
“I cannot believe that we lost Alaa. She was very courageous! She carried on in the fight against oppression despite all the hardships. Alaa was a genuine voice in a country where everything is built on lies,” said Salma Mohammad, GCHR Project Coordinator.
According to the police and local authorities, the circumstances of the car crash were an accident, but they are still looking for witnesses to find out exactly what happened. GCHR calls on the UK police to publicise the information about the incident which took the life of Alaa Al-Siddiq and injured four others.
The ISHR is Launching “A Seat At The Table” – A guide to crafting effective narratives at the UN about human rights and the people who defend them
The stories and narratives that are told about human rights defenders at the UN have a major impact on how they are understood and supported on the ground. Over the past 9 months, the ISHR has explored perceptions and views that diplomats working at the UN have about human rights and people who defend them. The objective was to understand the messages that best increase support for human rights defenders and to craft more effective human rights narratives, particularly as they relate to people who defend human rights. ISHR is now ready to share its findings with you and launch the new practitioners’ guide “A Seat At The Table“, meant for anyone working within or engaging with the UN system to promote and protect human rights, whether they be advocates with organisations, diplomats or frontline community activists and leaders.
This event will be held online. In order to attend the event, please RSVP here.
Welcome: Ambassador Marc Bichler, Permanent Mission of Luxembourg
Panelists:
Tom Clarke, human rights campaigner, communications specialist and guide co-author
Sophie Mulphin, human rights communications specialist and guide co-author
Mary Lawlor, Special Rapporteur on the situation of human rights defenders
Ambassador Nazhat Shameen Khan, President of the Human Rights Council
Ilze Brands Kehris, Assistant Secretary-General for human rights
Guadalupe Marengo, Amnesty International
Thomas Coombes, human rights strategist and communications expert, founder of hope-based communications
Moderator: Marianne Bertrand, International Service for Human Rights
30 June 2021 1:00-2:30pm CEST Online event Register now
The Cambodian government should immediately drop baseless conspiracy and “insulting the king” charges against four environmental activists affiliated with the Mother Nature Cambodia environmental group and release the three in pretrial detention, Human Rights Watch said today.
On June 16, 2021, the police arrested Sun Ratha, 26, Ly Chandaravuth, 22, and Seth Chhivlimeng, 25, in Phnom Penh, and Yim Leanghy, 32, in Kandal province, apparently for their documentation that raw sewage has entered the Tonle Sap River near the Royal Palace. On June 20, the court charged Ratha and Leanghy with “conspiracy” and lese majeste (“insulting the king”) under articles 453 and 437 bis of Cambodia’s penal code, and Chandaravuth with “conspiracy.” If convicted, they face between 5 and 10 years in prison, and fines of up to 10 million riels (US$2,500). The authorities also charged in absentia aSpanish national, Alejandro Gonzalez-Davidson, the founder of Mother Nature Cambodia, who had been deported in 2015. Chhivlimeng was released without charge.
“The Cambodian government has stepped up its campaign to silence activists peacefully advocating to protect the environment,” said Phil Robertson, deputy Asia director. “Foreign governments, the United Nations country team, and international donors should call on the Cambodian authorities to drop their absurd charges against the environmental activists and publicly condemn any further clampdown on peaceful activism.”
An Interior Ministry spokesperson alleged that the authorities had proof that “rebellious” Mother Nature Cambodia had used foreign funding to try to topple the government, but did not make any evidence public.
This case followed earlier harassment of five Mother Nature Cambodia activists. On May 5, the Phnom Penh court convicted three environmental activists – Long Kunthea, 22, Phuon Keoraksmey, 19, and Thun Ratha, 29 – of “incitement to commit a felony or disturb social order,” articles 494 and 495 of Cambodia’s penal code. The judge sentenced them to between 18 and 20 months in prison as well as a fine of 4 million riels ($1,000) for their peaceful activism protesting the authorities’ filling-in Phnom Penh’s Boeung Tamok lake.
Amid the Covid-19 pandemic, the Cambodian authorities have stepped up their crackdown on youth and environmental activists engaged in peaceful activism and protest. The government has often used draconian new laws to arrest and prosecute activists in an apparent attempt to silence their voices and shut down their activism.
In March 2020 and early 2021, the authorities arrested environmental activists affiliated with the Prey Lang Community Network along with a prominent environmentalist and lawyer, Ouch Leng, to stop their efforts to document illegal logging and deforestation within the Prey Lang forest.
Human Rights Watch has documented cases of nearly 70 current political prisoners, including members of the political opposition, youth and environmental activists, trade union leaders, and journalists who are awaiting trial or are serving prison sentences. Many other activists have fled Cambodia to seek refuge abroad.
“Cambodia’s highly politicized courts mean that the environmental activists charged have no chance of getting a fair trial,” Robertson said. “Only international pressure on the Cambodian government holds out the possibility of saving these activists from unjust prison sentences.”
On 13 June 2021 Daiana Andreea Nagy Deac wrote about Memorial to Human Rights Defenders which is an art piece situated in The Iveagh Gardens. This monument was inaugurated by the Minister for Foreign Affairs, Simon Coveney, to commemorate the lives of those people whose voices have been silenced for defending human rights.
Shwe writes that it “is a hidden gem in Dublin and a must-see for art lovers, ..was designed by the international architecture studio Grafton Architects. The Memorial to Human Rights Defenders can impact the viewer not only for the strength of its message but also for the level of detail and hidden symbolism in its artistic execution. This work is built in the shape of a walk-in room surrounded by a metal screen, which I think has an enveloping effect because the viewer not only admires the art piece from the outside but has to enter it to observe it in its entirety. On the metal screen, different plaques treasure the last words of some heroes and heroines who lost their lives fighting for human rights.“
Another curious detail of this monument is that in the middle we find five upright stones engraved with Ogham script, which is the written interpretation of primitive Irish, the oldest form of the Irish language. The plates containing the words of the human rights defenders are also written in Irish as well as English, so I think that in addition to offering an important message, The Memorial to Human Rights Defenders also celebrates Irish culture.
According to the Bureau minutes of 2 and 4 June 2021, the extraordinary modalities for the 47th session should be similar to the modalities applied during the 46th session.
Thematic areas of interest:
Sexual orientation and gender identity
The Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity will present his report, followed by an interactive dialogue on 24 June. The report seeks to document how particular narratives on gender are being used to fuel violence and discrimination based on sexual orientation and gender identity. In the report, the Expert examines how the incorporation of comprehensive gender theory enables more accurate and appropriate consideration of dynamics of negation and stigma, and the key role of law, public policy and access to justice in promoting either continuity of injustice or social change.
The report highlights the mandate’s position in relation to current narratives and constructions through which the application of gender frameworks, especially its promise for gender equality across diverse persons, is challenged; and build on gender concepts and feminist analysis to further substantiate the mandate’s understanding of root causes and dynamics of violence and discrimination based on sexual orientation and gender identity.
This report will be presented in the context of high levels of violence against trans and gender nonconforming people and those defending their rights. Beyond this, the COVID-19 pandemic has disproportionately impacted trans and gender nonconforming people and those defending their rights worldwide, especially those most marginalised.
Systemic racism, police brutality and violence against peaceful protests in the United States and globally
The High Commissioner will present the comprehensive report of Resolution 43/1 to the Council on 12 July followed by an interactive dialogue. ISHR previously joined 171 families of victims of police violence in the United States and over 270 civil society organisations from more than 40 countries in calling on the Council to establish an independent commission of inquiry into police killings of Black men and women, as well as violent law enforcement responses to protests in the United States….
The Council should ensure the establishment of robust international accountability mechanisms which would further support and complement, not undermine, efforts to dismantle systemic racism in the United States and globally, especially in the context of police violence against Black people.
Business and human rights
June 2021 marks the tenth anniversary of the unanimous endorsement by the Council of the United Nations Guiding Principles on Business and Human Rights (UNGPs). The Guiding Principles have become one of the key frameworks for private business to carry out their responsibility to respect human rights, for States to discharge their obligations under international law in relation to business activities, and for civil society and human rights defenders to utilise the UNGPs to demand structural changes in the way companies operate internationally. Human rights need to be an essential element of how businesses design their operations. After 10 years, we have the chance to look back and into the future with a critical eye. In that regard, a ‘Roadmap for the Next Decade’ will be presented by the UN Working Group on Business and Human Rights this month. ISHR continues to work with the UN, civil society and progressive companies to protect and promote the work of human rights defenders.
In tandem with its annual report, the UN Working Group will also present in June a long-awaited guidance document on business and human rights defenders based on the UNGPs. The ‘United Nations Guidance on the role of the Guiding Principles for engaging with, safeguarding and ensuring respect for the rights of human rights defenders’ was supported and informed by ISHR and partners, and builds on the experiences gathered through the Business Network on Civic Freedoms and Human Rights Defenders, an initiative ISHR co-founded with the Business and Human Rights Resource Centre. This document will become a key instrument for civil society, businesses and States in ensuring that human rights defenders are protected and recognised as essential actors in maintaining rule of law and a functioning shared civic space.
During the 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 7 June, 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.
ISHR recently launched a study analysing 709 reprisals cases and situations documented by the UN Secretary-General between 2010 and 2020 and looked at trends and patterns in the kinds of cases documented by the UNSG, how these cases have been followed up on over time, and whether reprisal victims consider the UN’s response effective. Among other things, the study found that nearly half the countries serving on the Council have been cited for perpetrating reprisals. The study also found that the HRC Presidency appears to have been conspicuously inactive on intimidation and reprisals, despite the overall growing numbers of cases that are reported by the UNSG – including on individuals’ or groups’ engagement with the HRC – and despite the Presidency’s legal obligation to address such violations. The study found that the HRC Presidency took publicly reported action in only 6 percent of cases or situations where individuals or organisations had engaged with the HRC. Not only is this a particularly poor record in its own right, it also compares badly with other UN actors.
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, and insisting 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 47th session, the Council will have dedicated debates with the mandate holders and the High Commissioner, including interactive dialogues with:
The High Commissioner on State response to pandemics
The Special Rapporteur on the right to housing
The Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
The Independent Expert on human rights and international solidarity
The Special Rapporteur on the right to education
The Special Rapporteur on extreme poverty and human rights
The Special Rapporteur on extrajudicial, summary or arbitrary executions
The Special Rapporteur on the rights to freedom of peaceful assembly and of association
The Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
The Working Group on arbitrary detention on its study on drug policies
The Special Rapporteur on the right to privacy
In addition, the Council will hold dedicated debates on the rights of specific groups including:
The Special Rapporteur on the human rights of migrants
The Special Rapporteur on the human rights of internally displaced persons
The Special Adviser on Prevention of Genocide
The Working Group on discrimination against women and girls
The Special Rapporteur on violence against women, its causes and consequences
The Special Rapporteur on trafficking in persons, especially women and children
The Special Rapporteur on the independence of judges and lawyers
The Special Rapporetur on the elimination of discrimination against persons affected by leprosy and their family members
Country-specific developments
China
One year after the UN Special Procedures issued a sweeping statement calling for the international community to take ‘decisive action’ on the human rights situation in China, much more remains to be done. Calls are growing for more clear and timely reporting from the UN, including the High Commissioner for Human Rights and her Office, on the repressive policies and practices targeting Uyghurs and other Turkic Muslims. At the same time, worrying news continues about violations of cultural rights of Tibetans, while Hong Kong’s democratic institutions – and its people – have suffered a series of blows from legislative, policy and legal decision targeting pro-democracy leaders. For the first time since 1989, peaceful public demonstrations to commemorate the massacre on Tiananmen Square were prohibited.
At the 46th session of the Council, over 30 States led by Finland urged Egypt to end its repression of human rights defenders, LGBTI persons, journalists, politicians and lawyers under the guise of countering-terrorism. The joint State statement ended years of a lack of collective action at the Council on Egypt, despite the sharply deteriorating human rights situation in the country. Egypt must answers these calls, starting by releasing the thousands arbitrarily detained, protecting those in custody from torture and other ill-treatment, and ending the crackdown on peaceful activists. The UN Working Group on Arbitrary Detention has previously concluded that arbitrary detention is a systematic problem in Egypt and the Committee against Torture has concluded that torture is a systematic practice in Egypt. To date, Egypt has failed to address all the concerns expressed by States, the High Commissioner and Special Procedures, despite repeated calls on the government, including most recently by over 60 NGOs. ISHR joined over 100 NGOs from across the world in urging the Council to establish a monitoring and reporting mechanism on Egypt and will continue to do so until there is meaningful and sustained improvement in the country’s human rights situation.
Saudi Arabia
This session will mark two years since the Special Rapporteur on extrajudicial, summary or arbitrary executions presented to the Council the investigation into the unlawful death of Saudi journalist Jamal Khashoggi, and yet no meaningful steps towards accountability have been taken by the Saudi authorities. The Special Rapporteur called on Saudi Arabia to “demonstrate non-repetition by: releasing all individuals imprisoned for the peaceful expression of their opinion and belief; independently investigating all allegations of torture and lethal use of force in formal and informal places of detention; and independently investigating all allegations of enforced disappearances and making public the whereabouts of individuals disappeared”. To date, Saudi Arabia has refused to address these key concerns, which were also raised by over 40 States at the Council in March 2019, September 2019 and September 2020, further demonstrating its lack of political will to genuinely improve the human rights situation and to engage constructively with the Council. The sentencing and subsequent release of several women’s rights activists highlights the importance of the Council’s scrutiny which must be sustained in order to secure meaningful, concrete, and systematic gains. We recall that the Special Rapporteur also called on Member States to support resolutions that seek to ensure or strengthen accountability for the execution of Khashoggi. ISHR reiterates its call on the Council to establish a monitoring and reporting mechanism on the human rights situation in Saudi Arabia.
Colombia
After more than a month of strikes and street protests in Colombia, which have seen protestors killed at the hands of law enforcement officers and civilians, and human rights defenders covering the events threatened and attacked, the Council session provides States with the opportunity to take action. States must call on Colombia to respect the human rights of its people – including the right to freedom of peaceful assembly – and address the underlying causes of the protests, including violations of economic, social and cultural rights, inequality and racial discrimination. This situation of violence and non-compliance with all standards of the use of force has had a particular impact on the Afro-descendant population. Specific calls from Colombian civil society include for OHCHR to investigate and report on the protests in the country including gather statistical data on the facts that threaten the human rights of Afro-Colombian people; for the High Commissioner to visit Colombia when possible; and for Colombia to open its doors to a range of Special Rapporteurs to allow for ongoing monitoring and reporting. The High Commissioner, who has made a statement on the situation in the country, will present her annual report at the start of the session and it is hoped and expected that Colombia will feature as a country of concern. [see also: https://humanrightsdefenders.blog/2020/01/20/colombia-21-january-2020-civil-society-begins-a-much-needed-patriotic-march/]
Nicaragua
Last March, the Council renewed its resolution on the human rights situation in Nicaragua, which strengthened the High Commissioner’s office monitoring and reporting mandate, by including an interim oral update with recommendations in the context of upcoming national elections. Despite the resolution’s clear calls on the Government to repeal recently adopted laws that harshly restrict civic space, stop targeting human rights defenders and journalists, and urgently implement reforms to ensure free and credible elections, the Nicaraguan authorities have acted in the opposite direction. While UN experts ‘deplore spate of attacks and arrests of human rights defenders’, the OHCHR publicly expressed their deep concern that ‘Nicaragua’s chances of holding free and genuine elections on 7 November are diminishing as a result of measures taken by authorities against political parties, candidates and independent journalists, which further restrict the civic and democratic space’. As the High Commissioner will present her oral update on Nicaragua on 22 June, States should call on Nicaragua to urgently reverse course and implement the recommendations from resolution 46/2, in particular to guarantee the enjoyment of the rights to freedom of information, expression, association and assembly, and the right to take part in the conduct of public affairs; and to swiftly put an end to the harassment (including the judicial harassment) and detention of journalists and ex-members of the Violeta Chamorro Foundation and Confidencial media outlet.
Venezuela
Venezuela will be back on the Council’s agenda with OHCHR providing an update on the situation of human rights in the country, including in regard to UN recommendations (5 July). Recent positive developments in the country, including the nomination to the National Electoral Council of individuals supported by a broad swathe of civil society, are offset by continuing human rights and humanitarian crises. The UN’s recommendations to Venezuela are numerous, wide-ranging and largely ignored. States must use opportunities at the Council to press home the importance of those recommendations being heeded. ISHR looks forward to making a statement during the dialogue, focusing in on levels of implementation of recommendations. Given that reprisals against Venezuelan defenders have been common over recent years – with cases cited in eight of the Secretary General’s reports on cooperation with the UN since 2010 – it is essential that States speak out in support of civil society engagement and that the UN define a preventative strategy to ensure defenders’ protection.
Burundi
On 30 June 2020, the Supreme Court of Burundi set aside the ruling by the Appeals Court to uphold the 32-year sentence in Rukuki’s case and ordered a second appeal hearing, citing violations to his right to a fair trial. This second appeal hearing took place 8 months later on 24 March 2021 in Ngozi prison, where he is currently detained. According to the Burundian Code of Criminal Procedure, following the hearing the Court has 30 days to return a verdict on the case, but this verdict is still pending nearly 60 days later. This delay clearly demonstrates a lack of due process in the case of the internationally recognised human rights defender and political prisoner. In an open letter, a group of civil society organisations denounced the dysfunctioning of judicial proceedings in the country. After confirming the 32 years sentence of defender Germain Rukuki, Burundi continues its crackdown against civil society. Germain Rukuki has now spent nearly 4 years in prison. He has already waited an additional 30 days for this final verdict to be announced without any legal reason; he should not have to wait any longer. In addition to ensuring the continued work of the Commission of Inquiry on Burundi, members of the Council need to call on Burundi to demonstrate their commitment to respect the independence of the judiciary and comply fully with the fair trial obligations of Burundi under international law and announce the verdict in this case without any further delay. [see also: https://humanrightsdefenders.blog/2019/03/29/ngo-statement-condemns-new-irregularities-in-the-case-of-germain-rukuki-burundi/]
The Council will consider 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:
Interactive Dialogue with the SR on the situation of human rights in Eritrea
Oral update by the High Commissioner on the situation of human rights in Nicaragua
Interactive Dialogue with the SR on the situation of human rights in Belarus
Interactive Dialogue with the Commission of Inquiry on the Syrian Arab Republic
Interactive Dialogue with the High Commissioner on the human rights situation of Rohingya Muslims and other minorities in Myanmar and Interactive Dialogue with the SR on the situation of human rights in Myanmar
Interactive Dialogue with the SR on the situation of human rights in the Palestinian Territories occupied since 1967
Interactive Dialogue with the High Commissioner on Ukraine and interim report of the Secretary-General on human rights in Crimea
Interactive Dialogue with the Independent Expert on the situation of human rights in the Central African Republic
Council programme, appointments and resolutions
During the organisational meeting for the 47th session held on 7 June the President of the Human Rights Council presented the programme of work. It includes seven panel discussions. States also announced at least 22 proposed resolutions. Read here the reports presented this session.
The President of the Human Rights Council will propose seven candidates for the following sevent mandates:
The Independent Expert on the enjoyment of human rights by persons with albinism;
The Special Rapporteur on the right to privacy;
The Special Rapporteur on violence against women, its causes and consequences;
Two members of the Working Group of Experts on People of African Descent (one from Asia-Pacific States and one from Eastern European States);
A member of the Working Group on Enforced or Involuntary Disappearances, from Western European and other States;
The Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights
As of 8 June, however, the recommended candidates list was only available for four of the above positions, due to challenges among the Consultative Group, the five individuals appointed from each UN region to interview and shortlist candidates. It is critical that the process overcome such delays, so as to avoid any protection gaps arising from a failure to appoint a new mandate holder.
Resolutions to be presented to the Council’s 47th session
The following resolutions were announced (States leading the resolution in brackets):
Menstrual hygiene, human rights and gender equality (Africa Group)
Elimination of harmful practices (Africa Group)
Cooperation with and assistance to Ukraine in the field of human rights (Ukraine)
Situation of human rights of Rohingya Muslims and other minorities in Myanmar (OIC)
The protection of human rights in the context of human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS) (Brazil, Colombia, Mozambique, Portugal, Thailand)
The human rights situation in the Syrian Arab Republic, on missing persons and enforced disappearances (France, Germany, Italy, Jordan, Kuwait, Netherlands, Qatar, Turkey, United Kingdom of Great Britain and Northern Ireland, United States of America)
The human rights situation in Belarus, mandate renewal (EU)
The human rights situation in Eritrea, mandate renewal (EU)
Negative impact of corruption on the enjoyment of human rights ( Austria, Argentina, Brazil, Ethiopia, Indonesia, Morocco, Poland, United Kingdom of Great Britain and Northern Ireland)
Enhancement of international cooperation in the field of human rights (Azerbaijan on behalf of NAM)
New and emerging digital technologies and human rights (Austria, Brazil, Denmark, Morocco, Republic of Korea, Singapore)
Human rights of migrants (Mexico)
Impact of arms transfers on human rights (Ecuador, Peru)
Civil society space (Chile, Ireland, Japan, Sierra Leone, Tunisia)
Realizing the equal enjoyment of the right to education by every girl (UAE, UK)
Preventable maternal mortality and morbidity (Colombia, New Zealand, Estonia)
The promotion, protection and enjoyment of human rights on the Internet (Brazil, Nigeria, Sweden, Tunisia, United States of America)
Accelerating efforts to eliminate all forms of violence against women (Canada)
Right to education (Portugal)
Adoption of Universal Periodic Review (UPR) reports
During this session, the Council will adopt the UPR working group reports on Federated States of Micronesia, Lebanon, Mauritania, Saint Kitts and Nevis, Australia, Saint Lucia, Nepal, Oman, Austria, Myanmar, Rwanda, Georgia, Sao Tome and Principe and Nauru.
ISHR supports human rights defenders in their interaction with the UPR. We publish and submit 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. Seven panel discussions are scheduled for this upcoming session:
High-level panel discussion on the multisectoral prevention of and response to female genital mutilation
Panel discussion on the tenth anniversary of the Guiding Principles on Business and Human Rights
Panel discussion on the human rights of older persons in the context of climate change [accessible panel]
Annual full-day discussion on the human rights of women, one on violence against women and girls with disabilities, and another on gender-equal socioeconomic recovery from the COVID-19 pandemic
Quadrennial panel discussion on promoting human rights through sport and the Olympic ideal [accessible panel]. Theme: The potential of leveraging sport and the Olympic ideal for promoting human rights for young people
Annual thematic panel discussion on technical cooperation and capacity-building. Theme: Technical cooperation to advance the right to education and ensure inclusive and equitable quality education and lifelong learning for all
Lawyers have welcomed the decision by Delhi High Court stating that protesters have the right to criticise the government. They also hailed the Court’s verdict defining the lines between criticism of the government and activities that destabilize the country.
Aneesha Mathur in India Today of 16 June 2021 reports that -with the Delhi High Court rapping the government and Delhi Police over imposing UAPA on activists in connection with the clashes, following the anti-CAA protest – lawyers and jurists have said the verdict was significant since it has tried to define the line between criticism of the government, which is a Constitutional right, and activities that destabilize the country.
Former Supreme court justice Madan B Lokur welcomed the High court verdict.: “The judgment is welcome. It’s about time the courts told the State that draconian laws like the UAPA, NSA, sedition and so on may be used, if at all, very rarely and only if there is clinching evidence. Draconian laws cannot and must not be abused otherwise our braveheart judges will strike down arbitrary actions. The Delhi High Court has opened the door for interference and other High Courts should follow quickly while recognising that human rights are for humans and not the faceless State,”.
Senior advocate Dushyant Dave told India Today TV that the court had “not said anything new but laid down the law on the facts of the case.” Dave also called for “proactive and expeditious” movement from the judiciary on similar cases, and said that the activists “had lost one year of their life,” for no reason.advertisement
“We are the world’s largest democracy. We will not be able to call ourselves a democracy if such laws are used to suppress dissent.” Speaking to India Today TV, Dave said despite “rule of law”, India had “become a police state.”
“Not only is BJP government abusing UAPA, but the Congress government also abused POTA and thousands were put in jail,” said Dave.
Lawyer Vrinda Grover also said the HC verdict was “significant” since there has been indiscriminate use of the law in recent years.
“Over the last few years, we see the police frequently using UAPA and sedition to silence critical citizens’ voices by placing them behind bars under stringent anti-terror law. The High Court has pierced through the indiscriminate use of UAPA by the police and unwarranted labelling of activities as terrorism. The Court has reiterated that non-violent contestation of government policies and laws is a constitutionally protected right to protest. Finally, the court has also reminded that if the speedy trial is not possible they must be granted bail,” said Grover.
He added: “In this context, we must raise the issue of incarceration of 16 human rights defenders in the Bhima Koregaon case under UAPA for almost three years and the trial is yet to commence. The judiciary must intervene and not allow the criminal legal machinery to be used by the State to suppress fundamental freedoms of citizens, otherwise democracy is in peril.”
“Anti-terror laws are made very strict because they are meant to handle terrorism cases. The government must balance the right of the citizens to protest and criticise with the need of the state. But governments tend to treat criticism as sedition and anti-national, which is wrong. The two judges have shown courage in calling this out,” said Senior advocate Geeta Luthra.
Former Law Commission chairman, Justice BS Chauhan said that while the potential for misuse “cannot mean repeal of an act”, there is a “need to define the contours of the law, as the UAPA is a wide provision” as it was meant to combat serious threats.advertisement
“Courts need to define contours of sedition and UAPA otherwise they can cover freedom of speech and expression,” said Chauhan.
The University of York has decided to name its new college after Ugandan David Kato who went to the university in 2010 for six months as a Protective Fellow on the Human Rights Defenders Programme at the Centre for Applied Human Rights (CAHR).
The announcement comes during national Refugee Week (June 14-20 ) as the university celebrates its newly-awarded status as a University of Sanctuary with a launch event on today (Wednesday).
David’s time in York provided respite from his role in Uganda as a human rights activist, and his legacy supports the University’s continued commitment to the lesbian, gay, bisexual and transgender communities (LGBT+).
He returned home to Uganda to fight the country’s controversial anti-homosexuality act. But he was murdered in Kampala in 2011, weeks after winning a court victory over a tabloid paper that called for homosexuals to be killed.
Vice-Chancellor, Professor Charlie Jeffery said: “Colleges are an integral part of university life here at York and we knew we wanted an inspiring role model when naming our new college – one which would also reflect our belief in equality, diversity and inclusion.
Director of the Centre for Applied Human Rights, Professor Paul Gready said:“The naming of the David Kato College also symbolises and demonstrates our admiration of, and solidarity with, human rights defenders across the world and with all previous Protective Fellows, of which there have been over 90 from more than 45 countries over the last 12 years.
The University will mark its newly-awarded status as a University of Sanctuary with an online event tonight (June 16) at 6.30pm. The event will include the launch of a film which tells the story of how York became a University of Sanctuary for refugees, asylum seekers, human rights defenders and those in need of humanitarian protection. The film will be followed by a round-table discussion. Go to http://www.refugeeactionyork.org/refugee-week.
The Oak Institute for Human Rights has named Olga Sadovskaya, a Russian human rights lawyer, as its 2021 Human Rights Fellow. Sadovskaya, vice chair of the Committee Against Torture, the largest and most notable anti-torture organization in Russia, has worked on issues surrounding torture for more than 18 years. In 2017 she was shortlisted for the Nobel Peace Prize.
Sadovskaya, who hails from the city of Nizhny Novgorod in western Russia, will join the Colby community in August and will engage with students, faculty, staff, and the greater community throughout the fall semester.
Olga Sadovskaya, the 2021 Oak Human Rights Fellow, will join the Colby community for the Fall 2021 semester and raise awareness on issues of torture and incarceration in Russia and around the world.
“The consistent violation of human rights in the carceral system is not only a major global problem but it is an urgent issue in the United States. There is a pressing need to confront and find better solutions to our current prison system,” said Valérie Dionne, director of the Oak Institute for Human Rights and associate professor of French. “We are lucky to have Olga Sadovskaya coming to campus to share her experience combating torture and to explore potential solutions with us that could replace the current carceral system.”
The Committee Against Torture (CAT), established in 2000 by Sadovskaya and three other activists, created accountability for torture previously missing in Russia. Torture was scarcely discussed, and victims were often scared, ashamed to speak out, or believed justice was unattainable. Even with CAT’s work, however, the practice of torture prevails, and investigations into torture are still inadequate. This problem is amplified in the Chechen Republic, where CAT is the sole organization working on cases of torture and abductions.
During her early years at the organization, Sadovskaya’s role as an investigator included collecting evidence of torture in prisons, penal colonies, police stations, and psychiatric institutions. Over time, she transitioned to analysis and international defense work with the European Court of Human Rights and various UN bodies. Sadovskaya also trains lawyers on how to work with the European Court of Human Rights. See also: https://humanrightsdefenders.blog/2015/12/02/russian-olga-sadovskaya-keeps-fighting-torture/
Drawing upon years of experience with torture cases, Sadovskaya and her team wrote and published a methodology for public investigations, widely used by human rights organizations in Russia. Sadovskaya has personally represented more than 300 victims of torture before the European Court of Justice. Two of the cases were included in the list of the 20 most important cases that changed Russia (Case-Law of the European Court of Human Rights, Special issue, 5, 2018).
While working against state-sanctioned torture, Sadovskaya has faced personal threats, including threats of murder, particularly for her work in Chechnya. The committee’s office has been burned down several times, and members’ cars have been destroyed. Sadovskaya is also periodically monitored and constantly at risk of being accused of baseless crimes.
The Oak Human Rights Fellowship will give Sadovskaya a much-needed respite to return to Russia with renewed energy. As the 2021 Oak Fellow, she will connect with Colby students and raise awareness on issues of torture and incarceration in Russia and around the world.