To mark the 25th anniversary of the adoption of the UN Declaration on human rights defenders in 1998, the UN Special Rapporteur on human rights defenders, Mary Lawlor, will focus on successes achieved by human rights defenders in her upcoming thematic report to the Human Rights Council. The report will demonstrate how the work of defenders is crucial in helping achieve more just and equitable societies.
This side event, which is co-sponsored by a number of States and organisations, including ISHR, will take place a day before the Special Rapporteur’s presentation of the report to the Human Rights Council and in addition to the Special Rapporteur herself, the panel will include a State representative who will outline how that State collaborated with defenders to bring about human rights gains. It will also include two defenders who will speak about successes they have achieved.
Speakers:
Mary Lawlor, UN Special Rapporteur on the situation of Human Rights Defenders
Gustavo Gallon, Permanent Representative of Colombia to the United Nations Office at Geneva
Tara Houska, US-based citizen of Couchiching First Nation, Environmental & Indigenous rights defender
Daniel Goinic, Human Rights Program Director at Legal Resources Centre in Moldova
Moderator: Imogen Foulkes, BBC Correspondent in Geneva
Due to space limitation, registration is mandatory to attend the event in-person: please click here to register.
“Bahrain’s hosting of sporting and high-level international events is a transparent attempt to launder its decades-long campaign to crush political opposition and suffocate the country’s vibrant civil society,” said Tirana Hassan, Human Rights Watch’s acting executive director. “Its unilateral reversal of Human Rights Watch’s access to the IPU conference is a blatant example of its escalating repression. Governments, organizations with influence, and key officials should speak out loudly against Bahrain’s abuses so they are not complicit in its efforts to whitewash its horrific rights record.”
Bahrain is hosting the meeting of the IPU, a global organization of national parliaments, from March 11-15. The organization’s slogan is “For democracy. For everyone,” and the theme of the 146th Assembly is “Promoting peaceful coexistence and inclusive societies: Fighting intolerance.” These statements are in stark contrast to the extensive record of serious human rights abuses in Bahrain that Human Rights Watch and other rights organizations have documented, Human Rights Watch said. This includes the continued detention of the prominent human rights activist and Danish-Bahraini dual citizen Abdulhadi Al-Khawaja. Al-Khawaja is reportedly suffering serious health problems while being denied adequate medical care. He is this year’s laureate of the MEA [see: https://humanrightsdefenders.blog/tag/abdul-hadi-al-khawaja/]
….. Two of Bahrain’s former parliament members are in prison for exercising their freedom of expression, and the government has forced many more into exile and stripped them of their citizenship.
On March 5, Bahrain hosted Formula One’s (F1) opening season race. Twenty-one groups, including Human Rights Watch, sent a letter to F1’s president to raise “serious concerns over F1’s ongoing role in ‘sportswashing’ amidst a deterioration in Bahrain’s human rights situation.” An F1 driver, Lewis Hamilton, recently said that he is “not sure [the human rights situation] has got better while we have been coming all these years” to countries like Bahrain and Saudi Arabia.
“With local civil society severely restricted by Bahrain’s autocratic government, members of the IPU Assembly should live up to its organizational values and speak out on behalf of Bahrain’s victims of repression,” Hassan said.
Belarus court sentences Ales Bialiatski to 10-year jail term, The sentencing of the Nobel Peace Prize winner and human rights defender has triggered protests. Media and human rights defenders across the world said that his arrest is ‘politically motivated’. See also: https://humanrightsdefenders.blog/2022/10/08/meet-ales-bialiatski-nobel-peace-prize-2022/
Image caption, Ales Bialiatski pictured in November 2021
Oliver Slow of BBC News reported as follows¨
…Supporters of Mr Bialiatski, 60, say the authoritarian regime of Belarusian leader Alexander Lukashenko is trying to silence him. He was arrested in 2021 following massive street protests over widely disputed elections the previous year, and accused of smuggling cash into Belarus to fund opposition activity. Demonstrators were met with police brutality and Lukashenko critics were regularly arrested and jailed during the demonstrations, which started in 2020.
Mr Bialiatski was in court alongside two fellow campaigners, Valentin Stefanovich and Vladimir Labkovich.
Mr Stefanovich was sentenced to nine years in prison, while Mr Labkovich received seven years, according to Viasna, the group Mr Bialiatski founded in 1996. All three had pleaded not guilty.
Mr Bialiatski’s wife, Natalya Pinchuk, said the trial was “obviously against human rights defenders for their human rights work”, describing it as a “cruel” verdict.
Referring to her husband’s letters from prison, where he has been held since arrest, she said: “He always writes that everything is fine. He doesn’t complain about his health – he tries not to upset me.”
Kostya Staradubets, a spokesperson for Viasna, said the sentences imposed on the three activists were “breaking our hearts”.
Speaking to the BBC World Service’s Newshour programme, he said: “We knew that our three colleagues would get long prison terms but anyway it’s still a shock, it’s breaking our hearts, not only the [prison] terms are long but the conditions also very horrific.
Belarus’s exiled opposition leader Svetlana Tikhanovskaya said the sentencing was “simply appalling”. “We must do everything to fight against this shameful injustice and free them,” she said.
Berit Reiss-Andersen, chair of the Norwegian Nobel Committee that awards the Nobel Peace Prize, said the verdict was a “tragedy” for Mr Bialiatski and described the charges as “politically motivated”.
In awarding the 2022 Nobel Peace Prize to Mr Bialiatski, Ms Reiss-Anderson said the Belarusian government had “for years tried to silence him”. “He has been harassed, he has been arrested and jailed, and he has been deprived of employment,” she said.
European Union foreign policy chief Josep Borrell condemned what he described as “sham trials”, adding they were “yet another appalling example of the Lukashenko regime trying to silence those who stand up in defence of human rights and fundamental freedoms of the people in Belarus”.
There are currently 1,458 political prisoners in Belarus, according to Viasna. Authorities claim there are none.
Protection of human rights defenders The mandate of the UN Special Rapporteur on the situation of human rights defenders is to be renewed at the HRC’s March session through a resolution led by Norway.
Reprisals
ISHR remains deeply concerned about reprisals against civil society actors who engage or seek to engage with UN bodies and mechanisms. We call on all States and on the Council to do more to address the situation. General Debate Item 5 is a key opportunity for States to raise concerns about specific cases of reprisals and demand that Governments provide an update on any investigation or action taken toward accountability. An increasing number of States have raised concerns in recent Council sessions about individual cases of reprisals, including at HRC sessions 39, 41, 42, 43, 45, and 51.
ISHR believe that States raising cases is an important aspect of seeking accountability and ending impunity for acts of reprisal and intimidation against defenders engaging with the UN. In September 2022, ISHR ran a campaign regarding five specific cases of reprisals (#EndReprisals). We continue to urge perpetrator States to resolve these cases and other States to raise these cases in their statements: Ibrahim Metwally Hegazy (Egypt), the co-founder and coordinator of the Association of the Families of the Disappeared. Jiang Tianyong (China), a lawyer and legal rights activist working at grassroots level to defend land and housing rights, promote the rights of vulnerable social groups and expose root causes of systemic rights abuses. The Human Rights Center ‘Viasna’ (Belarus), which works towards the development of civil society and the promotion of human rights in Belarus and provides legal aid to people in defending their rights and public interests. Comité de Familiares de Víctimas del Caracazo (COFAVIC); Observatorio Venezolano de Conflictividad Social (OVCS); Centro de Justicia y Paz (CEPAZ); Control Ciudadano (and its director Ms. Rocío San Miguel); and Espacio Público (and its director Mr. Carlos Correa) (Venezuela): a group of five NGOs and two individuals working for the promotion of human rights in Venezuela and who have a history of cooperating with the UN, including the Fact-Finding Mission on Venezuela. Human rights lawyers and defenders Armel Niyongere,Dieudonné Bashirahishize, Vital Nshimirimana and Lambert Nigarura (Burundi), four prominent and well-respected figures within Burundian civil society and their local communities. In addition, we urge States to raise individual cases of reprisals in the country-specific debates taking place at this session: Nicaragua, Sudan, Israel and occupied Palestine, Myanmar, Iran, Venezuela, Belarus, Democratic Republic of the Congo. Further information on these cases can be found here or by contacting the ISHR team at s.hosseiny@ishr.ch.
Other thematic debates At this 52nd session, the Council will discuss a range of economic, social and cultural rights in depth through dedicated debates with: The Special Rapporteur on the right to food The Independent Expert on the effects of foreign debt The Special Rapporteur on the right to adequate housing The Special Rapporteur in the field of cultural rights The Council will discuss a range of civil and political rights through dedicated debates with: The Special Rapporteur on freedom of religion or belief The Special Rapporteur on torture 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 sale and sexual exploitation of children The Special Representative of the Secretary-General on violence against children and the Special Representative of the Secretary-General on children and armed conflict The Special Rapporteur on the rights of persons with disabilities The Special Rapporteur on minority issues The Independent Expert on the enjoyment of human rights of persons with albinism The Council will hold dedicated debates on the interrelation of human rights and thematic issues including: The Special Rapporteur on the promotion and protection of human rights while countering terrorism The Special Rapporteur on human rights and the environment The High Commissioner’s report on access to COVID-19 vaccines
Country-specific developments
Afghanistan: The mandate of the Special Rapporteur on Afghanistan is a crucial mechanism for ongoing monitoring and documentation of the situation in the country, as well as enabling discussion and dialogue amongst States on its findings. It remains an important channel for communication between human rights defenders and survivors inside Afghanistan with the intergovernmental decision-making spaces. However, it falls short due to the overwhelming evidence of gross violations and abuses in Afghanistan. The HRC must respond to the calls from Afghan human rights defenders, especially women human rights defenders, and civil society and establish an independent accountability mechanism with a mandate and resources to investigate the full scope of violations abuses that continue to be committed in Afghanistan by all parties and to preserve evidence of these violations for future accountability. The Council will hold an interactive dialogue with the Special Rapporteur on 6 March.
China On 24 November 2022, the CERD issued an Urgent Action decision on Xinjiang stressing the ‘scale and nature’ of the repression of Uyghurs and Muslim minorities, as evidenced by the Xinjiang Police Files leaks. The Committee urged China to release all those arbitrarily detained, stop harassing Uyghurs abroad, and fully review its national security framework. For the first time ever, the Committee referred the matter to the Special Adviser of the Secretary-General on the Responsibility to Protect, while reminding ‘all States of their responsibility to cooperate to bring to an end through lawful means any serious breach of human rights obligations.’ States should ensure sustained visibility on the broader human rights situation across China, raising root causes of violations that commonly affect Uyghurs, Tibetans, Hong Kongers and mainland Chinese human rights defenders, including the abuse of national security as documented by the OHCHR’s Xinjiang report and Special Procedures, and ask for the prompt release of human rights defenders, including feminist activists Huang Xueqin and Li Qiaochu, human rights lawyers Chang Weiping and Ding Jiaxi, legal scholar Xu Zhiyong, Uyghur doctor Gulshan Abbas, Hong Kong lawyer Chow Hang-tung, and Tibetan climate activist A-nya Sengdra.
Mali. In 2020, Mali finally adopted its implementation decree for the HRD law. While it was a long awaited achievement, especially as it establishes the defenders protection mechanism within the National Human Rights Institution, the text also provides that in order to be recognised as such, any defender must carry a card or badge issued in advance by the Minister responsible for human rights. This provision was later reinforced by the decision adopted by the Malian government in September 2020, which establishes the characteristics and procedures for granting and withdrawing the professional card of human rights defenders. During the last presentation of the report of the independent expert on the human rights situation in Mali, ISHR delivered a statement asking the independent expert what support he planned to give to the Malian government to ensure the full implementation of the defenders law and its protection mechanism. The HRC must keep the scrutiny on Mali to ensure that defenders in the country are protected in line with the UN Declaration and not restricted by the limitation imposed by a card defining the status of defenders. The Council will hold an interactive dialogue with the independent expert on 30 March.
DRC The DRC has noticeably improved the protection of human rights in the Kasaï region but progress remains slow and action is still needed towards transitional justice and the protection of defenders in this region. In December 2022, the national assembly of the DRC adopted the draft law for the protection and promotion of defenders. The last step is for the text to be adopted by the Senate, which would strengthen the protection of defenders at the national level after the adoption in February 2016 of an edict for the protection of human rights defenders and journalists in the South Kivu province and a similar text adopted in November 2019 on the Protection of Human Rights Defenders in the North Kivu Province. The United Nations Joint Human Rights Office (UNJHRO) must support the calls of civil society and ensure the protection and promotion of defenders is part of its support to the government of the DRC. The Council will consider oral updates and hold an enhanced interactive dialogue with the High Commissioner and the team of international experts on the DRC on 30 March.
Egypt Notwithstanding the launch of a national human rights strategy, the fundamental purpose of which is to deflect international scrutiny rather than advance human rights, there has been no significant improvement in the human rights situation in Egypt since the joint statement delivered by States in March 2021. Since that time no consequential follow-up has occurred at the HRC, while the situation has further deteriorated on the ground. As witnessed by the world during COP27, the brutal crackdown on civil society in Egypt continues to intensify. Sustained, coordinated action on Egypt at the Council is more necessary than ever. Egypt continues to carry out widespread and systematic violations of human rights, including freedom of expression and freedom of assembly and association. The Egyptian authorities have for years employed draconian laws, including laws on counterterrorism, cybercrimes, and civil society in order to subdue the civilian populations and stifle all forms of peaceful dissent and mobilisation. Under the current government, Egypt ranks among the worst three countries in the world in the numbers of jailed journalists and almost all independent media has been forced to shut down or threatened into silence. Hundreds of websites continue to be banned. Scores of civil society and media representatives continue to be disappeared, tortured and arbitrarily detained under the pretense of counter-terrorism and national security.
While the release of a few select arbitrarily-detained activists is a sign that international pressure works, the number of releases pales in comparison to the vast numbers of individuals newly detained by the National Security Prosecution, or whose arbitrary detention was renewed in 2022. Between the reactivation of the Presidential Pardons Committee in April 2022 and the end of 2022, the authorities released around 900 people held for political reasons, but almost triple that number of suspected critics and opponents were interrogated by prosecutors and arbitrarily detained. ISHR reiterates the calls of more than 100 NGOs from around the world urging the HRC to create a monitoring and reporting mechanism on the ever-deteriorating human rights situation in Egypt.
Israel / OPT This session will consider a number of resolutions associated with the human rights situation in Israel and the Occupied Palestinian Territories, including with respect to the right of Palestinian’s to self-determination, as well as expanding and illegal Israeli settlements. Israeli policies and practices against Palestinian people have been found to constitute acts of apartheid by UN experts as well as by both international and national NGOs, while a HRC-mandated commission of inquiry has found that Israel’s permanent occupation and de facto annexation of Palestinian territory is likely unlawful. ISHR calls on all States to engage with these resolutions on their human rights merits, applying objective criteria in a principled and consistent way which upholds the right of self-determination as well as freedom from violence and discrimination. The Council will hold an interactive dialogue with the High Commissioner on ensuring accountability and justice in the Occupied Palestinian Territory, including East Jerusalem on 3 March.
Nicaragua A year after the adoption of resolution 49/3, the UN system has continued to document a steady deterioration of the country’s multi-pronged human rights crisis: UN and IACHR documentation compiled by the Colectivo 46/2 point to the absence of any step taken to implement any of the 14 recommendations from resolution 49/3. Instead, the ruling party has seized absolute control over the country’s 153 municipalities in a 2022 electoral process characterised by ‘repression of dissenting voices and undue restriction of political rights and civil liberties,’ according to the OHCHR; canceled the legal status of more than 2500 civil society organisations; detained political prisoners in inhumane conditions; and allowed for the continuation of widespread attacks, including 32 killings since 2018, by armed settlers against indigenous peoples of the Northern Caribbean Coast. The Nicaraguan government has confirmed its diplomatic isolation by refusing to cooperate with six UN Treaty Bodies within a year prompting an unprecedented public condemnation by the UN’s two anti-torture committees. It has also retaliated against EMRIP member and Nicaraguan citizen Anexa Cunningham, by denying her entry into the country on July 9. We urge the Human Rights council to renew, for a period of two years, resolution 49/3 establishing the mandate of the Group of Human Rights Experts on Nicaragua, and the monitoring mandate of the OHCHR. We call on all governments to support such a resolution and reinforce its intersectional approach, by bringing particular attention to the situation of indigenous peoples and afro-descendants, migrants and forcibly displaced persons, those detained for political reasons and the families of victims.
Saudi Arabia According to ALQST‘s 2022 annual report, the Saudi authorities’ unleashed a new wave of repression in 2022. Familiar patterns of abuse continued, including arbitrary arrests, enforced disappearances and harsh restrictions on prisoners of conscience released from prison, including travel bans. However from mid-year onwards in particular, the Saudi courts started imposing jail sentences of unprecedented severity for peaceful, legitimate activity on social media, further deepening the climate of fear in the kingdom. Use of the death penalty increased sharply after a lull during the COVID period, with the biggest mass execution in recent times (of 81 men in a single day), and executions for non-violent drugs-related offences made a dramatic comeback. This intensification of repression went hand in hand with the progressive diplomatic rehabilitation of Saudi Arabia’s crown prince and de facto ruler, Mohammed bin Salman. We call on the HRC to respond to the calls of NGOs from around the world to create monitoring and reporting mechanism on the ever-deteriorating human rights situation in Saudi Arabia.
Sudan The Sudanese military and some political parties and civic groups signed a framework agreement to pave the way for a power transition to civilian forces in December 2022. But the agreement was not widely welcomed by local resistance movements, including resistance committees and some women’s groups. The protests continued across the country demanding a comprehensive transitional process that respects the people’s demands for accountability, peace, and justice. In the meantime, the security forces crackdown on protests is sustained, while the violations of freedoms of assembly, expression, and association continues. Following the political framework agreement, attacks on women human rights defenders (WHRDs) and women groups continued as the violence in conflict areas escalated. The HRC must ensure continued reporting on Sudan and to urge the international community to prioritise justice and accountability in any upcoming political solution. The Council will consider an oral update and hold an interactive dialogue with the High Commissioner and designated Expert on 3 March.
Ukraine In the face of overwhelming evidence of war crimes and crimes against humanity associated with Russia’s war of aggression against Ukraine, ISHR calls on the HRC to renew the mandate of the Commission of Inquiry on human rights in Ukraine associated with Russia’s war of aggression, including the mandate of the Commission to examine the root causes of the conflict such as the repression and criminalisation of human rights defenders and independent journalists in Russia. The Council will hold an interactive dialogue with the Commission of Inquiry on 20 March. The Council will also hold an interactive dialogue on the OHCHR report on Ukraine on 31 March.
Venezuela ISHR joins Venezuelan and international organisations in urging states to speak out against the NGO bill currently passing through the National Assembly in Venezuela. The ‘Law of Supervision, Regularization, Performance and Financing of Non-Governmental and Related Organizations’ seeks to criminalise and further restrict the work of NGOs in the country. During the HRC session, there will be two agenda items specifically focusing on Venezuela: the update from the High Commissioner on 21 March, and an oral update by the UN fact-finding mission on 23 March, which will be their first since their mandate was renewed by the Council, last September. The High Commissioner’s update will no doubt include impressions and recommendations drawn from his recently concluded first visit to Venezuela. These updates will take place at a time of ongoing political flux in the country, upcoming elections and – critically – further threats to civic space. During the interactive dialogues on Venezuela, States must continue to express concern at ongoing human rights and humanitarian crises in the country, at the introduction of the NGO bill and call for the release of the arbitrarily detained including human rights defender Javier Tarazona who has now been held for almost 600 days, wholly without justification.
Yemen ISHR joins civil society organisations from Yemen and around the world in urging the HRC to establish an independent international criminally focused investigative mechanism on Yemen. Before its untimely dissolution in 2021, the UN Group of Eminent Experts (GEE), established by the HRC in 2017, recommended that UN member States refer the situation in Yemen to the International Criminal Court (ICC), support the establishment of an international criminally focused investigative mechanism, and stressed the need to realise victims’ right to reparation. In late 2021, HRC members narrowly rejected a resolution that would have renewed the GEE’s mandate following lobbying by Saudi Arabia and the UAE. In September 2022, Saudi Arabia and Yemen rejected attempts by States to ensure continued discussion at the HRC of the ongoing human rights crises in Yemen. The international community should not stand by and allow the vote to disband the GEE to be the HRC’s last word on the situation, nor should they allow warring parties to continue to block formal discussions of large-scale human rights abuses, war crimes and the urgent need for accountability. A new, HRC-mandated mechanism is required to ensure that potential avenues of criminal accountability and reparative justice are effectively explored for Yemen and may be pursued now and in the future to address impunity and provide effective redress to victims.
Guatemala Guatemala’s recent UPR put a spotlight on the fast deterioration of democratic spaces in the country. Over twenty States raised attacks against indigenous, environmental, and other human rights defenders, and journalists. There has been a steady increase in attacks, with a record high of 1000 attacks by 2021 according to local groups. The government, meanwhile, made no reference to the issue during the review. States also shared concern about the erosion of judicial independence, an issue repeatedly highlighted by UN experts and officials. Over the past years, UN experts have exposed interference or blocking in the appointment of high level court judges. High Commissioner Volker Türk recently condemned a 70% increase in cases of intimidation and criminal charges against justice officials fighting impunity and corruption. A growing number of judges and legal professionals have fled the country since the government closed the UN’s International Commission Against Impunity in Guatemala (CICIG) in 2019. In 2021, UN and OAS experts denounced a ‘choking’ law that gave the government ‘wide scope to control NGOs’. In this context, space for Guatemalan civil society to safely advocate for human rights and expose violations, and for the judicial authorities to respond to abuses and uphold the rule of law has become dangerously narrow. These patterns create serious risks of further deterioration – in a trend that is also seen in neighbouring Central American countries – in the lead-up to the June 2023 presidential elections. High Commissioner Türk’s presentation of his Office’s report on Guatemala to the HRC in March will provide a critical window of opportunity for States to collectively urge Guatemala to engage with the OHCHR to meaningfully address and put an end to attacks against human rights defenders and justice officials, ensure judicial independence, and review laws and policies that restrict civil society space.
Other country situations
The High Commissioner will provide an oral update to the Council on 7 March. The Council will consider updates, reports 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: Enhanced interactive dialogue with the Special Rapporteur on Eritrea Oral briefing and interactive dialogue with the International Commission of Human Rights Experts on Ethiopia ID with the Special Rapporteur on the Democratic People’s Republic of Korea and a presentation of the report of the High Commissioner Interactive Dialogue with the High Commissioner on Belarus Interactive dialogue with the High Commissioner, and interactive dialogue with the Special Rapporteur on Myanmar Interactive Dialogue with the Special Rapporteur on Iran Interactive Dialogue with the Commission of Inquiry on Syria Enhanced interactive dialogue with the Commission on Human Rights in South Sudan with the participation of the High Commissioner, and an interactive Dialogue on the OHCHR report on South Sudan High-level Dialogue with the Independent Expert on the Central African Republic Interactive dialogue with the Fact-Finding Mission on Libya #HRC52 | Council programme, appointments and resolutions During the organisational meeting for the 52nd session, held on 13 February, the President of the Human Rights Council presented the programme of work. It includes 7 panel discussions. States also announced at least 39 proposed resolutions.
Adoption of Universal Periodic Review (UPR) reports
During this session, the Council will adopt the UPR working group reports on Bahrain, Ecuador, Tunisia, Morocco, Indonesia, Finland, the United Kingdom, India, Algeria, Philippines, Brazil, Poland, the Netherlands, and South Africa.
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. 7 panel discussions are scheduled for this upcoming session: Biennial high-level panel discussion on the question of the death penalty. Theme: Human rights violations relating to the use of the death penalty, in particular with respect to limiting the death penalty to the most serious crimes High-level meeting commemorating the thirty-fifth anniversary of the Declaration on the Right to DevelopmentHigh-level panel discussion on UPR Voluntary Funds: achievements, good practices and lessons learned over the past 15 years and optimized support to States in the implementation of recommendations emanating from the fourth cycle Annual full-day meeting on the rights of the child [two accessible meetings]. Theme: Rights of the child and the digital environment Annual interactive debate on the rights of persons with disabilities. Theme: Support systems to ensure community inclusion of persons with disabilities, including as a means of building forward better after the COVID-19 pandemic Debate in commemoration of the International Day for the Elimination of Racial Discrimination. Theme: The urgency of combating racism and racial discrimination 75 years after the adoption of the Universal Declaration of Human Rights Annual high-level panel discussion on human rights mainstreaming. Theme: A reflection on five years of the United Nations Youth Strategy (Youth 2030): mapping a blueprint for the next steps Read here the three-year programme of work of the Council with supplementary information.
Read here ISHR’s recommendations on the key issues that are or should be on the agenda of the UN Human Rights Council in 2023.
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Eric Goldstein, Deputy Director, Middle East and North Africa Division of Human Rights Watch, wrote on 8 February 2023 about the demise of Algeria’s first independent human rights league, and do so with a personal touch.
“Shortly after I started my first human rights job in 1986, Amnesty International issued an alert about a group of Algerians sentenced to up to three years in prison for creating the country’s first independent human rights league.” The league became a fixture of the transnational Arab human rights movement in the early 1990s. Those events came to mind as I learned of an Algerian court’s decision, issued in 2022 but made public in January 2023, to dissolve the league, in response to a petition by the ministry of interior. The court found that the group had violated Algeria’s regressive law on associations by failing to “respect national constants and values” when it met with nongovernmental organizations “hostile to Algeria” and engaged in “suspicious activities” such as “addressing … the issue of illegal migration” and “accusing the authorities of repression of protests.”
The LADDH loudly denounced abuses during the bloody 1990s. After the terrorism and savage repression of that decade subsided, the League accompanied families of the disappeared in demanding answers and justice. Recently, it supported protesters of the peaceful Hirak movement that burst onto the scene in 2019, demanding political reform. Ali Yahia Abdennour, who was among those arrested in 1985 and served as president of the LADDH for decades, died at 100 in 2020.
The LADDH is the latest of several independent organizations authorities have shut on flimsy pretexts. They have jailed hundreds of Hirak protesters for peaceful expression and practically obliterated Algeria’s independent media – another product of the 1989 reforms – most recently by arresting on December 24 Ihsane Kadi and sealing the offices of his two online outlets, Radio M and Maghreb Emergent.
Fearing arrest, activists have been fleeing the country when they have not been arbitrarily blocked at the border, including three prominent League figures now in exile in Europe.
The pretexts used to shut Algeria’s flagship human rights organization are no less absurd than those used to convict its founders four decades ago. Though much has changed since the 1988 protests, Algeria is governed once again by those who brook almost no dissent.
Vincent Ploton leads ISHR’s strategic engagement and litigation with the UN Treaty Bodies, and he drew attention to General Comment N° 26 of the Committee on Economic, Social and Cultural Rights, which spells out the obligations of States parties to the ICESCR in relation to land rights. This constitutes the first guidance wholly dedicated to land rights across the UN Treaty Body system. CESCR’s new resource provides a major opportunity for land rights defenders at a time when the global battle for natural resources is at a historical high, and those who stand to protect their land are on the frontline. In all world regions, people who resist the destruction and exploitation of their land are facing judicial harassment, threats and murders. Indigenous and peasant communities who defend their rights to cultivate and live on their ancestral lands are dispossessed and extorted by powerful actors. CESCR’s General Comment spells out the measures that States parties must take to uphold compliance with the obligations set out in the Covenant.
ISHR welcomes the dedicated section of the General Comment on land rights defenders, which echoes our inputs and calls on States parties to:
Publicly recognise … the importance and legitimacy of the work of human rights defenders and a commitment that no violence or threats against them will be tolerated
Repeal of any State legislation or any measures that are intended to penalise or obstruct the work of human rights defenders
Strengthen State institutions responsible for safeguarding the work of human rights defenders
Investigate and punish any form of violence or threat against human rights defenders
Adopt and implement programmes, in consultation with potential beneficiaries, that are well resourced and have inbuilt coordination mechanisms that ensure that adequate protection measures are provided to human rights defenders at risk whenever necessary
Speaking about this groundbreaking new guidance, the Committee’s Co-Rapporteur Rodrigo Uprimny said: “I hope that communities whose land rights are denied, including indigenous communities, can count on the force of international law, and the norms dictated by the International Covenant on Economic, Social and and Cultural Rights. The General Comment reaffirms and reinforces the concept of free, prior and informed consent and also recognizes the fundamental work of defenders of land rights.
‘If we work together to make sure that issues are more visible, that happen in Africa, the civil society organisations, I think, will be achieving more.’
Odinakaonye ‘Odi’ Lagi is the programme director for the Network of University Legal Aid Institutions (NULAI), Nigeria, and she works on promoting access to justice and legal aid for Nigerians. Citing the example of the Nigerian social movement to protest against the actions of the Special Anti-Robbery Squad (known as the end #EndSars protests), which she says did not receive enough attention in the continent, she calls for civil society groups and activists across Africa to come together to shed more collective light on individual national struggles.
UN secretary general Antonio Guterres with Chinese president Xi Jinping during an official visit to Geneva on 18 January 2017. (UN Photo/Jean-Marc Ferré)
In parallel, ISHR hosted a panel discussion on the topic with former member of the UN Committee against Torture (CAT) Felice Gaer, William Nee of the Network of Chinese Human Rights Defenders, Peter Irwin from the Uyghur Human Rights Project, and ISHR’s Director of Treaty Body advocacy, Vincent Ploton. ISHR Programme Director Sarah Brooks moderated the discussions.
“The incidents recounted, while qualitative in nature, provide compelling evidence of China’s ability to effectively and unrelentingly restrict civil society engagement with [UN treaty bodies] in the context of specific reviews, and deter independent sources from speaking up,” the report states.
The report adds to growing suspicion of Beijing’s sway over the UN human rights office, after it led a successful campaign last year to delay for months the publication of a report concluding that mass detention of Uyghurs and other religious minorities in Xinjiang could amount to crimes against humanity.
“When treaty bodies do their work well, they document violations and that can lead to serious actions such as the establishment of commissions of inquiry at the Human Rights Council, or even refereeing situations to the International Criminal Court, which can then lead up to indictment of national leaders or heads of state,” Vincent Ploton, co-author of the report, told Geneva Solutions. “So the consequences can be far reaching.”
China, which is party to six out of the ten treaties, has consistently sponsored candidates that have previously worked for the government and that work in institutions or organisations with close ties to the government, Sarah Brooks, co-author of the report, explained. At least one of them, Xia Jie currently sitting in the Committee on the Elimination of Discrimination Against Women (CEDAW), has formal ties to the Chinese communist party.
The authors recount how in 2015 during China’s evaluation by the Committee Against Torture (CAT), the Chinese committee member was kicked out by the chair for taking photos of the activists present, an intimidation tactic that China but also other countries have been known to use against campaigners who come to Geneva.
Seven Chinese activists were also reportedly prevented from travelling to Geneva to participate in the evaluation through threats and even detention. Felice Gaer, CAT chair at that time, recalled the event at a panel organised to launch the report.
This “creates a chilling effect”, leading “those who might be facing particular risks of reprisals to walk back their interest in participating in the process”, Brooks told Geneva Solutions.
The Chinese government has particularly targeted Uyghur and Tibetan groups, telling the office not to publish their reports on the UN human rights website under the pretext that they are “splitists” and therefore their input is misinformation, Gaer recalled at the panel. See also: https://humanrightsdefenders.blog/2022/09/01/finally-the-long-awaited-un-report-on-china/
Ploton said this external pressure exerted on UN staff is even “more worrying”, but said. At the same time, reports submitted by what civil society groups call Gongos, meaning government organised NGOs, that pose as civil society while promoting state interests, have been flooding the reviews, making it hard for the experts to know which sources to trust.
Speaking at the panel, William Nee of the Network of Chinese Human Rights Defenders warned that avenues for expression in China, from press to social media to academia, had been closing in recent years, making the UN system all the more important for Chinese rights activists.
China is set to be evaluated by the Committee on Social, Economic and Cultural Rights (CESCR) in February, followed by the CEDAW in May.
In an email response to Geneva Solutions, the Chinese permanent mission to the UN in Geneva rejected the report, calling the accusations “groundless and unjustified”.s
China is far from being the only country trying to influence the treaty bodies. The report also mentions Saudi Arabia and Russia. An analysis by the Geneva Academy from 2018 found that 44 per cent of treaty body expert members had experience working for the executive branch in their respective countries, as opposed to independent civil society groups or academia.
Ploton explained that this was allowed by countries practising “horse trading”, meaning that they agree to vote for a candidate in exchange for a vote for theirs.
Treaty bodies members adopted in 2012 the Addis Ababa guidelines, which spell out what independence and impartiality means for them, but the authors say Geneva Academy’s findings show there has been little progress since then. A major review of the treaty bodies system took place in 2020 for which civil society “had high hopes”, Ploton said. But in the end, “the process was a failure”, he said, describing the issue of reforming treaty bodies as a “hot potato” no state or UN official wanted to hold. “This is not a new phenomenon,” he said. “What is unique about China is how systematic it is.”
China has also been pushing for reforms to keep the expert groups in check, for example keeping them from doing follow-ups after a review or even banning NGOs that are not accredited by the UN Economic and Social Council, which had been blocking for years certain NGOs from being approved until recently.
A few countries including the Nordics and the United Kingdom have taken steps of their own to make sure that candidates are independent. “But the number of countries that take the process seriously is too narrow,” Ploton said.
The ISHR calls in the report for the creation of an independent vetting process, in the image of the International Criminal Court and the Inter-American Court of Human Rights, which have independent expert panels to monitor member elections. Both were NGO-led initiatives, as were the treaty bodies, Ploton said. “Perhaps it’s on us to make that change happen,” he added.
The animation pilot series “True Heroes Are For Real” explores the moment when ordinary people stand up for justice. When does one become a human rights defender? On the 16th of February 2023, the Martin Ennals Award for Human Rights Defenders ceremony is taking place in Geneva and will celebrate three outstanding activists; Khurram Parvez from Kashmir, on of the 2023 Martin Ennals Award laureates is part of this animation pilot series. THE HEROES ANIMATIONS will also cover Ahmed Mansoor – UAE, Estela de Carlotto – Argentina, Asma Jahangir – Pakistan, Ilham Tohti – China, Eren Keskin – Turkey, and Sizani Ngubane – South Africa.
True Heroes Films (THF) collaborates with Human Rights Defenders through audio-visual communication. Besides the animation series, we are currently preparing a library of short messages to highlight the work and courage of these Heroes through different themes. Both projects are in the fundraising phase. Feel free to reach out if you would like to support our work.
Our True Heroes Digest of Awards is an overview of all international human rights awards and laureates. The Digest recognises and applauds those who stand up for their community. Recently it reached the milestone of over 3000 Human Rights Defenders: https://www.trueheroesfilms.org/thedi… . We also have over 100 in-depth portraits and interviews with some of the most outstanding True Heroes of our time. View them on our website http://www.trueheroesfilms.org
Three outstanding activists who pioneered human rights movements in Chad, Venezuela, and Kashmir are to receive the Martin Ennals Award 2023 on February 16th in Geneva. The common denominator between the 2023 Laureates, Delphine Djiraibé (Chad), Feliciano Reyna (Venezuela), and Khurram Parvez (Kashmir) is their courage, passion, and determination to bring the voice of the voiceless to the international arena, despite the ongoing, sometimes life-threatening, challenges they endure. [see: https://humanrightsdefenders.blog/2023/01/19/breaking-news-laureates-of-the-mea-for-2023-announced/]The ceremony takes place on February 16th at 6.30 pm. To sign up: https://www.martinennalsaward.org/2023-edition/
Hans Thoolen on Human Rights Defenders and their awards 
CESCR’s General Comment no. 26 on land rights defenders
February 8, 2023Vincent Ploton leads ISHR’s strategic engagement and litigation with the UN Treaty Bodies, and he drew attention to General Comment N° 26 of the Committee on Economic, Social and Cultural Rights, which spells out the obligations of States parties to the ICESCR in relation to land rights. This constitutes the first guidance wholly dedicated to land rights across the UN Treaty Body system. CESCR’s new resource provides a major opportunity for land rights defenders at a time when the global battle for natural resources is at a historical high, and those who stand to protect their land are on the frontline. In all world regions, people who resist the destruction and exploitation of their land are facing judicial harassment, threats and murders. Indigenous and peasant communities who defend their rights to cultivate and live on their ancestral lands are dispossessed and extorted by powerful actors. CESCR’s General Comment spells out the measures that States parties must take to uphold compliance with the obligations set out in the Covenant.
ISHR welcomes the dedicated section of the General Comment on land rights defenders, which echoes our inputs and calls on States parties to:
Speaking about this groundbreaking new guidance, the Committee’s Co-Rapporteur Rodrigo Uprimny said: “I hope that communities whose land rights are denied, including indigenous communities, can count on the force of international law, and the norms dictated by the International Covenant on Economic, Social and and Cultural Rights. The General Comment reaffirms and reinforces the concept of free, prior and informed consent and also recognizes the fundamental work of defenders of land rights.
See also: https://humanrightsdefenders.blog/2022/04/21/green-economy-and-human-rights-defenders-provide-data-denounce-attacks/
.https://ishr.ch/latest-updates/new-resource-for-land-rights-defenders/
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Tags: Comment, Human Rights Defenders, ISHR, land rights defender, Rodrigo Uprimny Yepes, social economic and cultural rights, treaty bodies, Vincent Ploton