Archive for the 'ISHR' Category

Third Committee of the GA also has a lot to do with human rights defenders

October 13, 2019

The UN General Assembly’s Third Committee will run for eight weeks from 1 October to 21 November this year. The International Service for Human Rights, which follows the UN human rights bodies diligently, put out an Alert for this 74th Session on 1 October 2019.

The Third Committee brings together a wide array of Special Procedures mandate holders, including Special Rapporteur, independent experts, and chairs of working groups that are mandated by the Human Rights Council to discuss some of the most pressing human rights concerns and present findings and recommendations to the Third Committee. These findings should in turn play a role in shaping the focus of resolutions negotiated at this session.

Third Committee is expected to consider approximately 60 resolutions on a range of topics, including:

  • the advancement of women
  • the rights and protection of children
  • the rights of refugees
  • the elimination of racism
  • self-determination
  • and social development, amongst others.

ISHR will be closely monitoring the work of the Third Committee as well as relevant developments in the plenary of the General Assembly and will report on key developments. Follow them on Twitter at @ISHRglobal using #UNGA74 for the latest updates.

Overview of Key Resolutions  

  • Human Rights Defenders (Lead Sponsor: Norway) – This year Norway will present the biennial resolution on human rights defenders. One year after the twentieth anniversary of the UN Declaration on Human Rights Defenders, implementation of the Declaration unfortunately remains far from adequate in a number of States. ISHR therefore welcomes the resolution’s continued focus on the Declaration’s implementation and urges States to ensure that the resolution includes calls for concrete activities and mechanisms to monitor and facilitate the implementation of the Declaration and previous resolutions on human rights defenders.
  • Terrorism and Human Rights (Lead Sponsors: Mexico and Egypt) – The Third Committee will consider a resolution relating to Terrorism and Human Rights. Previous resolutions on the topic have condemned terrorist acts as criminal and unjustifiable, and expressed concerns about their detrimental effects on the enjoyment of all human rights. The resolution is the result of the combination of two previously separate resolutions on the “Protection of human rights and fundamental freedoms while countering terrorism” and the “Effects of Terrorism on the Enjoyment of Human Rights” led by Mexico and Egypt, respectively. Civil society remains concerned that the combined resolution compromises language on State obligations to protect human rights by prioritising the impact of terrorism on human rights. ISHR hopes that language in the original resolution led by Mexico is not compromised and that this resolution upholds State responsibility and the rights of victims.
  • Safety of Journalists (Lead Sponsors: Greece, Argentina, Austria, Costa Rica and France) – A resolution on the safety of journalists is expected to be advanced at this session. ISHR will be watching this negotiation closely and hopes the resolution will be used to expand, rather than restrict, space for civil society and strengthen protections for human rights defenders.

Several country resolutions are expected again this session. For the 17th year, Canada will present a draft resolution on the Situation of human rights in the Islamic Republic of Iran spotlighting the continued dismal human rights situation and lack of progress over the last year. The European Union will again lead on a resolution on the Democratic People’s Republic of Korea, similarly underlining the lack of human rights progress. Ukraine will again present a draft resolution condemning Russia’s activities in Crimea. Resolutions on the human rights situation in Myanmar and Syria are also expected to be led by the Organisation of Islamic Cooperation and Saudi Arabia respectively.

ISHR remains concerned that China will again attempt to insert the seemingly harmless language of ‘win/win’ language in resolutions, which in fact focuses only on intergovernmental dialogue and cooperation, rather than actual human rights violations or accountability. This language risks shrinking space for civil society and roll back human rights norms across a number of resolutions.

Several resolutions are expected to become battle grounds regarding references to gender, and sexual and reproductive health and rights, including resolutions on the Improvement of the situation of women and girls in rural areas, Violence against women migrant workers, Rights of the Child, The girl child, The human rights to safe drinking water and sanitation,

Elections for the Human Rights Council are set to take place in mid-October as part of the General Assembly. ISHR is once again disappointed that this year a number of regions have presented closed slates. ISHR has published ‘scorecards‘ for each of the States seeking membership. These provide a brief overview of their human rights records, cooperation with civil society, past roles in the Council, and past engagement with UN human rights mechanisms.

Overview of Reports and Dialogues with UN Experts: 

The UN Special Procedures – Special Rapporteurs, independent experts, and working groups – will report to the Third Committee and hold interactive ‘dialogues’ with member States. Several of this year’s reports reflect concerns about increased attacks on human rights defenders and emphasise the critical importance of creating and maintaining space for civil society. Click here for a list and schedule of dialogues.

  • Report of the Special Rapporteur on the Situation of Human Rights Defenders – Combatting the currently widespread impunity for human rights violations that target human rights defenders is, according to Special Rapporteur Michel Forst’s report (A/74/159), “an essential prerequisite to guarantee human rights and to advance towards equal societies that are free from fear and violence.” He outlines a regulatory framework on the right to access to justice, including due diligence in investigations and elaborates on the de facto and legal barriers to access to justice. He offers essential guidelines for ensuring due diligence in the investigation of such violations. Good practices implemented by States and civil society are also described. He will present his report and an interactive dialogue will be held on 15 October 2019 at 3pm.
  • Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran – At least 32 Iranians have been arrested as a result of viral social media campaigns against compulsory veiling laws, such as the #whitewednesdays and “Girls of Revolution Street.” Human rights lawyer and defender Nasrin Sotoudeh was sentenced to 148 lashes and 38 years in prison last March for defending some of these women. BBC Persian staff have suffered reprisals for engaging with UN human rights mechanisms. These are only some of the attacks on human rights defenders that Special Rapporteur Javaid Rehman flags in his report (A/74/188), which calls on Iran to stop violating the rights of human rights defenders through intimidation, harassment, arbitrary arrest, deprivation of liberty, among other arbitrary sanctions. The Special Rapporteur will present and discuss his report on 23 October 2019 at 10am.
  • Report of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity – In his report (A/74/181), Independent Expert Victor Madrigal-Borloz exposes the ways in which socio-cultural norms and discriminatory laws continue to marginalise and exclude LGBTI persons. In order to become fully inclusive of LGBTI individuals, he stresses that States cannot overlook the “vital role” of partnerships with civil society. He cites a number of partnerships in the fight against HIV/AIDS as particularly strong examples of this. Independent Expert Madrigal-Borloz will present his report and hold an interactive dialogue on 24 October 2019 at 10am.
  • Report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism – How can States truly integrate human rights into the global fight against terrorism that is increasingly shaped by elusive norms of ‘soft law’? According to Special Rapporteur Fionnuala Ní Aoláin’s report (A/74/335), one of the keys is for States to engage with and create space for civil society, non-governmental organisations, and human rights defenders to participate in the shaping of these counter-terrorism norms. Her report maps out how civil society access to these processes can be transformed from “ad hoc and inconsistent” to consistent and meaningful, ensuring that soft-law counter-terrorism norms are not at odds with human rights. The Special Rapporteur’s report will be presented and discussed on 16 October 2019 at 10am.
  • Report of the Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment – Special Rapporteur David R. Boyd clarifies the obligations of States and businesses under a human-rights based approach to climate change in his report (A/74/161). These obligations include providing strong protections for environmental and environmental defenders who work on issues relating to climate change. In addition, the report examines how UN human rights mechanisms can be empowered to better address climate change. The Special Rapporteur will present his report and an interactive dialogue will be held on 24 October 2019 at 3pm.
  • Report of the Special Rapporteur on Freedom of Religion or Belief – Special Rapporteur Ahmed Shaheed expresses alarm in his report (A/74/358) about the rise of anti-Semitism around the world and the ways in which the underreporting of these hate crimes and lack of mechanisms to monitor them enable anti-Semitic hate crimes. The report finds that a lack of Jewish civil society engagement with UN human rights monitors only exacerbates this issue and calls on States to work more closely with Jewish communities and organisations to create mechanisms that fill this void. Special Rapporteur Shaheed ends his report with the recommendation that the Office of the UN Secretary-General appoint a senior-level focal point specifically responsible for monitoring and engaging with Jewish communities on this issue. He will present his report and hold an interactive dialogue on 17 October 2019 at 3pm.
  • Report of the Special Rapporteur on violence against women, its causes and consequences – In her report (A/74/137), Special Rapporteur Dubravka Šimonović stresses the need to address mistreatment and violence against women in reproductive health services from a human rights perspective. The report therefore calls for the creation of human rights-based accountability mechanisms and greater State collaboration with civil society organisations to address violence and mistreatment in reproductive and obstetric care. The Special Rapporteur will present her report and hold an interactive dialogue with the Third Committee on 4 October 2019 at 10am.

ISHR Events

Ending impunity for violations against Human Rights Defenders: see https://humanrightsdefenders.blog/2019/10/09/panel-against-impunity-for-abuses-against-human-rights-defenders-new-york-on-16-october/

  • Book Launch – ISHR will also be hosting a launch of Hurst Hannum’s new book ‘Rescuing Human Rights: A Radically Moderate Approach’ on 18 October at 1:15-2:30pm. Please contact Marina Wilbraham at m.wilbraham@ishr.ch if you are interested in attending. [see also: https://humanrightsdefenders.blog/2019/04/20/hurst-hannum-wants-a-radically-moderate-approach-to-human-rights/]
  • Venezuela on the Brink: The urgency of an appropriate international response to the crisis, where Eleanor Openshaw will be discussing the implications of Venezuela being re-elected to the Human Rights Council. 2 October at 10am in the Church Center, 777 UN Plaza.
  • Breakfast reception to mark the launch of URG’s new yourHRC.org Guide to the 2019 Human Rights Council Elections, where Madeleine Sinclair will be discussing ISHR’s ‘scorecards’ for each of the States seeking election to the UN Human Rights Council for 2020- 2022. October 10 at 8:30 am in Conference Room 6, UNHQ.

https://www.ishr.ch/news/alert-ga-74th-session-third-committee

The NGO Forum and the 65th session of the African Commission on Human and Peoples’ Rights

October 11, 2019

The 65th Ordinary Session of the African Commission on Human and Peoples’ Rights will be held in Banjul, The Gambia from 21 October to 10 November 2019. The African Commission session will be preceded by the NGO Forum and 39th African Human Rights Book Fair, which will take place from 17 to 19 October 2019.​ The ISHR gives a preview:

What will happen during the NGO Forum and 65th ordinary session of the African Commission?

The NGO Forum

Like every year, ahead of this session of the NGO Forum, a training on advocacy particularly focused on regional and international mechanisms will be organised. This year’s training is organised by CIVICUS and will be held from 15 to 21 October 2019. It will consist of three different elements:

  • Advocacy training will be conducted by our partner in The Gambia, from 15 to 17 October
  • Participants will then attend the NGO Forum, which is held ahead of the ordinary sessions of the African Commission
  • The 65th session of the African Commission will open on 21 October and participants will have the opportunity to put the training into practice

The Forum on the Participation of NGOs in the Ordinary Sessions of the African Commission, also known as the ‘NGO Forum’ is an advocacy platform coordinated by the African Centre for Democracy and Human Rights Studies (ACDHRS) to promote advocacy, lobbying and networking among and between human rights NGOs, for the promotion and protection of human rights in Africa. The NGO Forum shares updates on the human rights situation in Africa by the African and international NGOs community with a view of identifying responses as well as adopting strategies towards the promotion and protection of human rights on the continent.

Issues such as:

  • Resilience strategies and protection of displaced human rights defenders
  • The situation of statelessness in Africa
  • The status of intersex and transgender refugees in Africa
  • The rights of internally displaced people during armed conflicts
  • The use of surveillance technologies to stifle protest, expression and privacy in Africa

The 65th ordinary session of the African Commission on Human and Peoples’ Rights

  • Panel discussions
  • The importance of civic space participation in the 2030 and 2063 agendas, 23 October, 9.30 to 11am.
  • Panel on the Protection of Human Rights Defenders with a focus on Protection Laws, 23 October, 3 to 4.30pm

During every session, special mechanisms from the African Commission present their activity report. These reports catalogue the activities and initiatives undertaken by each mechanism inter-sessionally and includes one by the Special Rapporteur on Human Rights Defenders and Focal Point on Reprisals in Africa. For the full programme, click here.

ISHR will also organise side events, such as Ending intimidation and reprisals against those cooperating with regional mechanisms in Africa on 22 October 2019, 17.30-19.00 in the Kairaba Hotel, Banjul, The Gambia. This side event aims at providing more visibility and clarity on the Special Rapporteur’s mandate on reprisals, to share some lessons learned from efforts to address reprisals and intimidation at the international level, and to hone in on what more can be done at the regional level. In particular, the event will be an opportunity for the Special Rapporteur to share key information on how to engage with the reprisal’s aspect of his mandate through the presentation of the mandate’s working documents in this regard.

Panellists:

  • Remy Ngoy Lumbu, African Commission’s Special Rapporteur on Human Rights Defenders and Focal Point on Reprisals in Africa
  • Michel Forst, UN Special Rapporteur on the situation of Human Rights Defenders
  • Clément Voule, UN Special Rapporteur on Freedom of Association and Assembly
  • Madeleine Sinclair, ISHR New York Co-Director and Legal Counsel
  • A woman defender from Sudan

ISHR will monitor and report on key developments at the 65th ordinary session of the African Commission. Follow them on Twitter at @ISHRglobal, @ISHR_fr and at #ACHPR65.

https://www.ishr.ch/news/achpr65-alert-ngo-forum-and-65th-session-african-commission-human-and-peoples-rights

Panel against impunity for abuses against human rights defenders. New York on 16 October

October 9, 2019

 

 

 

 

 

 

 

 

 

 

 

 

Wednesday, 16 October 2019
1:15 pm – 2:30 pm
UN Headquarters, New York
Room CR-11

This event is organised by Amnesty International and the International Service for Human Rights with the kind sponsorship of the Permanent Mission of Norway to the United Nations.

Event with panellists:

  • Michel Forst, Special Rapporteur on the situation of human rights defenders
  • Radya Al-Mutawakel, Mwatana Organization for Human Rights, Yemen
  • Khin Ohmar, Progressive Voice Myanmar, Myanmar

Moderated by:

  • Sherine Tadros, Amnesty International

Welcoming remarks by:

  • Ambassador Mona Juul, Permanent Representative of Norway

Please RSVP by 11 October.

Download the flyer here

Result of the 42nd session of the UN Human Rights Council

October 2, 2019

On 27 September 2019 a group of civil society organisations welcomed significant outcomes of the HRC’s 42nd session, including reaffirming its condemnation of reprisals and extending its scrutiny over Yemen, Venezuela, Cambodia, Burundi, Myanmar, and Sudan. This session witnessed heightened scrutiny of Council members by shedding light on the situation in Saudi Arabia, but it missed an opportunity to ensure scrutiny over situations in China, Kashmir and Egypt. [see also: https://humanrightsdefenders.blog/2019/09/05/human-rights-defenders-issues-at-the-42nd-session-of-the-un-human-rights-council/]

The 42nd session also advanced standards on several issues including the right to privacy, administration of justice and the death penalty, but failed to defend the mandate of the Special Rapporteur on counter-terrorism against attempts to dilute and distract its focus. The High Commissioner failed again to present the database on companies facilitating Israel’s illegal settlements.

The Council reaffirmed that reprisals can never be justified. Council members rejected attempts to weaken the text including deleting the references to the roles of the Assistant Secretary-General and the Human Rights Council Presidents. [https://humanrightsdefenders.blog/2019/09/23/andrew-gilmours-2019-report-on-reprisals-it-gets-worse-but-response-remains-mostly-rhetoric/] The resolution 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, acknowledged the specific risks to individuals in vulnerable situations or belonging to marginalized 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.

They welcome the creation of a Fact-Finding Mission (FFM) on Venezuela as an important step towards accountability for the grave human rights violations documented by the High Commissioner.

They welcome the renewal and strengthening of the mandate of the Group of Eminent Experts on Yemen, sending a clear message to parties to the conflict – and to victims – that accountability is at the center of the mandate, and providing a crucial and much-needed deterrent to further violations and abuses. States should support the recommendations made by the GEE in their recent report, including prohibiting the authorization of transfers of, and refraining from providing, arms that could be used in the conflict to such parties; and clarifying the GEE’s role to collect and preserve evidence of abuses.

They welcome the renewal of the mandate of the Special Rapporteur on Cambodia, but regret that calls to strengthen the mandate of the OHCHR to monitor and report on the situation have been ignored. We regret that the resolution fails to accurately depict the continuing crackdowns on civil society and the severity and scale of recent attacks on the political opposition.

They welcome the renewal of the mandate of the Commission of Inquiry on Burundi. Its work is vital as the country heads towards elections in 2020. The Burundian Government should desist from denial and insults, and should cooperate with the Commission and other UN bodies and mechanisms.

They welcome that the EU and OIC have jointly presented a resolution on Myanmar requesting the High Commissioner to report on the implementation of the recommendations of the Fact-Finding Mission at HRC 45. However, the international community needs to take stronger action to ensure accountability for and cessation of grave international crimes, in particular by referring Myanmar to the ICC and imposing a global arms embargo – and by acting on the FFM’s reports, including those on economic interests of the military and on sexual and gender-based violence in Myanmar and the gendered impact of its ethnic conflicts.

On terrorism and human rights, they are deeply disappointed that Mexico and other States have partially acquiesced in attempts by Egypt to dilute or distract the work of the Special Rapporteur on counter-terrorism away from its appropriate focus on human rights violations while countering terrorism and human rights of victims of terrorism. We regret that States have asked the Special Rapporteur to spend the limited time and resources of the mandate, to comment on the overbroad concept of the “effects” of terrorism, by which Egypt and some other States seem primarily to mean macroeconomic, industrial, and investment impacts, rather than the human rights of individual victims. The length to which States seem willing to put the existing Special Rapporteur’s mandate at risk, in the name of protecting it, while failing even to incorporate stronger consensus text on human rights issues included in the most recent merged parallel resolution at the General Assembly, suggests that the merger of the previous Mexican and Egyptian thematic resolutions no longer holds any real promise of positive results for human rights.

They welcome the Council’s renewed attention to the protection of the right to privacy in the digital age: fully integrating human rights into the design, development and deployment of Artificial Intelligence, machine learning technologies, automated decision-making, and biometric systems, is essential to safeguard not only the right to privacy, but also to freedom of expression, peaceful assembly, and association, and economic social and cultural rights.

On human rights in the administration of justice, we welcome the focus in this year’s resolution on concrete measures to prevent and respond to violence, death and serious injury in situations of deprivation of liberty, which illustrates the potential of thematic resolutions to set out specific practical, legal and policy steps that can be drawn on by governments, civil society, and other stakeholders to have real positive impact at the national level.

They commend Australia for its leadership on Saudi Arabia, as well as the other States who stood up for women’s rights activists and accountability. They urge more States to live up to their commitment to defend civil society and sign the statement in the coming 2 weeks.

For five years since the last joint statement in March 2014, the Council has failed to hold Egypt accountable for continuing systematic and widespread gross human rights violations. In the latest crackdown on peaceful protests, reports indicate that more than 2000 people have been arrested in the past week. When will the Council break its silence and convene a Special Session to address the grave and deteriorating human rights situation in Egypt?

Signatories:

  • International Service for Human Rights (ISHR)
  • DefendDefenders (the East and Horn of Africa Human Rights Defenders Project)
  • Commonwealth Human Rights Initiative (CHRI)
  • CIVICUS: World Alliance for Citizen Participation
  • Cairo Institute for Human Rights Studies
  • Asian Legal Resource Centre
  • Asian Forum for Human Rights and Development (FORUM-ASIA)
  • International Commission of Jurists (ICJ)
  • Amnesty International
  • Association for Progressive Communications (APC)
  • Human Rights Watch
  • International Federation for Human Rights (FIDH)
  • Physicians for Human Rights (PHR)

—————

Below the fulll list of 38 texts adopted:

Resolutions

Action on Text under Agenda Item 1 on Organizational and Procedural Matters

In a Presidential Statement (A/HRC/42/L.32) on the reports of the Advisory Committee, adopted without a vote, the Human Rights Council takes note of the reports of the Advisory Committee on its twenty-second and twenty-third sessions.

Action on Texts under Agenda Item 2 on the Report of the High Commissioner and Reports of the Office of the High Commissioner and the Secretary-General

In a resolution (A/HRC/42/L.6) on the composition of staff of the Office of the United Nations High Commissioner for Human Rights, adopted by a vote of 30 in favour, 13 against and four abstentions, the Council requests the United Nations High Commissioner for Human Rights to continue her efforts with a view to redress the current imbalance in the geographical composition of the staff of her Office and requests her to submit a report at the Council’s forty-fifth session.

In a resolution (A/HRC/42/L.16) on the human rights situation in Yemen, adopted by a vote of 22 in favour, 12 against and 11 abstentions, the Council decides to renew the mandate of the Group of Eminent International and Regional Experts for a further period of one year to, inter alia, monitor and report on the situation of human rights and carry out comprehensive investigations into all alleged violations and abuses of international human rights law and all alleged violations of international humanitarian law committed by all parties to the conflict since September 2014. The Council requests the Group of Eminent International and Regional Experts to present a comprehensive written report to the Human Rights Council at its forty-fifth session.

In a resolution ( A/HRC/42/L.21/Rev.1 ) on the situation of human rights of Rohingya Muslims and other minorities in Myanmar, adopted by a vote of 37 in favour, two against and seven abstentions, the Council requests the United Nations High Commissioner for Human Rights to follow up on the implementation of the recommendations made by the independent international fact-finding mission, including those on accountability, and to continue to track progress in the situation of human rights in Myanmar, including of Rohingya Muslims and other minorities, and to present a written report thereon to the Human Rights Council at its forty-fifth session.

In a resolution (A/HRC/42/L.38/Rev.1) on strengthening cooperation and technical assistance in the field of human rights in the Bolivarian Republic of Venezuela, adopted by a vote of 18 in favour, six against and 23 abstentions, the Council welcomes the permanent presence of the Office of the High Commissioner in Venezuela under the terms established in the memorandum of understanding signed on 20 September 2019, including unlimited access to all region and detention centres, and requests the High Commissioner to present to the Council, at its forty-third and forty-fifth sessions, as well as before the end of 2019, an oral update on the situation of human rights in Venezuela. The Council also requests the High Commissioner to submit a comprehensive written report on the situation of human rights in Venezuela at its forty-fourth session, including the outcome of the investigation on the ground into allegations of possible human rights violations to ensure the accountability of perpetrators and redress for victims.

Action on Texts under Agenda Item 3 on the Promotion and Protection of All Human Rights, including the Right to Development

In a resolution (A/HRC/42/L.1) on the human rights to safe drinking water and sanitation, adopted without a vote, the Council decides to extend the mandate of the Special Rapporteur on the human rights to safe drinking water and sanitation for a period of three years and requests the Special Rapporteur to compile good practices at the local, national, regional and international levels in order to promote the progressive realization of the human rights to safe drinking water and sanitation, and to report thereon to the Human Rights Council at its forty-fifth session.

In a resolution (A/HRC/42/L.2) on the role of prevention in the promotion and protection of human rights, adopted without a vote, the Council affirms the importance of effective preventive measures as a part of overall strategies for the promotion and protection of all human rights, and requests the Office of the High Commissioner to prepare a study, to be presented to the Human Rights Council at its forty-fifth session, on the contribution of the special procedures in assisting States and other stakeholders in the prevention of human rights violations and abuses.

In a resolution (A/HRC/42/L.5) on the World Programme for Human Rights Education: adoption of the plan of action for the fourth phase, adopted without a vote, the Council adopts the plan of action for the fourth phase (2020–2024) of the World Programme for Human Rights Education and decides to convene at its forty-eighth session a high-level panel discussion to mark the tenth anniversary of the United Nations Declaration on Human Rights Education and Training, on the theme “The tenth anniversary of the United Nations Declaration on Human Rights Education and Training: good practices, challenges and the way forward”.

In a resolution (A/HRC/42/L.7) on the promotion of a democratic and equitable international order, adopted by a vote of 25 in favour, 14 against and eight abstentions, the Council invites the Independent Expert on the promotion of a democratic and equitable international order to examine the impact of financial and economic policies pursued by international financial institutions on a democratic and equitable international order, in particular those of the World Bank and the International Monetary Fund, and to submit the report to the Human Rights Council at its forty-fifth session.

In a resolution (A/HRC/42/L.8) on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination, adopted by a vote of 29 in favour, 14 against and four abstentions, the Council renews for a period of three years the mandate of the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination, and requests the Working Group to report its findings to the Human Rights Council at its forty-fifth session and to the General Assembly at its seventy-fifth session.

In a resolution (A/HRC/42/L.9) on the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, adopted without a vote, the Council renews the mandate of the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, for a period of three years, and requests the Special Rapporteur to submit reports on the implementation of the mandate to the Human Rights Council and the General Assembly in accordance with their annual programmes of work.

In a resolution (A/HRC/42/L.11) on human rights in the administration of justice, including juvenile justice, adopted without a vote, the Council invites States to take into consideration the issue of human rights in the administration of justice in the context of the Universal Periodic Review and requests the High Commissioner to submit to the Human Rights Council, at its forty-seventh session, an analytical report on human rights in the administration of justice, in particular on current and emerging challenges in the protection of persons deprived of their liberty, including judicial oversight.

In a resolution (A/HRC/42/L.13) on the human rights of older persons, adopted without a vote, the Council decides to extend the mandate of the Independent Expert on the enjoyment of all human rights by older persons for a period of three years, and requests the Secretary-General to ensure that the reports of the Independent Expert are brought to the attention of the Open-ended Working Group on Ageing.

In a resolution (A/HRC/42/L.14) on the right to social security, adopted without a vote, the Council decides to convene, before its forty-fifth session, an intersessional full-day panel discussion on the right to social security in the changing world of work with a view of identifying challenges and best practices. It also requests the High Commissioner for Human Rights to prepare a summary report on the panel discussion and to submit it to the Human Rights Council at its forty-sixth session.

In a resolution (A/HRC/42/L.17) on marking the twenty-fifth anniversary of the Beijing Declaration and Platform for Action, adopted without a vote, the Council decides to convene, during the high-level segment at its forty-third session, a high-level panel discussion to commemorate the twenty-fifth anniversary of the Fourth World Conference on Women, with a particular focus on the implementation of the Beijing Declaration and Platform for Action and the outcome documents of its review conferences, as well as on achievements, best practices and challenges in this regard.

In a resolution (A/HRC/42/L.18) on the right to privacy in the digital age, adopted without a vote, the Council requests the United Nations High Commissioner for Human Rights to organize, before its forty-fourth session, a one-day expert seminar to discuss how artificial intelligence, including profiling, automated decision-making and machine-learning technologies may, without proper safeguards, impact the enjoyment of the right to privacy, to prepare a thematic report on the issue, and to submit it to the Council at its forty-fifth session.

In a resolution (A/HRC/42/L.19) on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, adopted without a vote, the Council decides to extend the mandate of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, as established by the Human Rights Council in paragraph 1 of its resolution 6/29, for a further period of three years.

In a resolution (A/HRC/42/L.20) on human rights and transitional justice, adopted without a vote, the Council requests the Office of the United Nations High Commissioner for Human Rights to examine in a report how addressing a legacy of gross violations and abuses of human rights and serious violations of international humanitarian law through transitional justice measures can contribute to sustaining peace and the realization of Sustainable Development Goal 16, and to present the report to the Human Rights Council at its forty-sixth session.

In a resolution (A/HRC/42/L.23) on terrorism and human rights, adopted without a vote, the Council strongly condemns terrorist acts and all acts of violence committed by terrorist groups and the continued systematic and widespread abuses of human rights perpetrated by such groups, and requests States to refrain from providing support to entities or persons involved in terrorist acts, including support in establishing propaganda platforms advocating hatred that constitutes incitement to discrimination, hostility or violence, including through the Internet and other media.

In a resolution (A/HRC/42/L.24) on human rights and indigenous peoples, adopted without a vote, the Council decides to hold an intersessional round table on possible steps to be taken to enhance the participation of indigenous peoples’ representatives and institutions in meetings of the Human Rights Council on issues affecting them, with the full and effective participation of indigenous peoples’ representatives and institutions from the seven indigenous sociocultural regions represented at the thirteenth session of the Expert Mechanism on the Rights of Indigenous Peoples.

In a resolution (A/HRC/42/L.25) on human rights and indigenous peoples: mandate of the Special Rapporteur on the rights of indigenous peoples, adopted without a vote, the Council decides to renew the mandate of the Special Rapporteur on the rights of indigenous peoples for a period of three years to, inter alia, examine ways and means of overcoming existing obstacles to the full and effective protection of the rights of indigenous peoples, to pay special attention to the human rights and fundamental freedoms of indigenous children and women, and to take into account a gender perspective in the performance of the mandate.

In a resolution (A/HRC/42/L.27) on the protection of the rights of workers exposed to hazardous substances and wastes, adopted without a vote, the Council encourages States, business enterprises and other actors to implement the 15 principles presented by the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes through their respective legal and policy frameworks, as well as through initiatives and programmes to strengthen the coherence between human rights and occupational health and safety standards with regard to the exposure of workers to toxic substances.

In a resolution (A/HRC/42/L.34/Rev.1) on arbitrary detention, adopted without a vote, the Council decides to extend the mandate of the Working Group on Arbitrary Detention for a further period of three years, and requests the Working Group to prepare a study on arbitrary detention related to drug policies to ensure that upholding the prohibition thereon is included as part of an effective criminal justice response to drug-related crimes, and that such a response also encompasses legal guarantees and due process safeguards, and to submit to the Council at its forty-seventh session a report thereon, and to bring the report to the attention of the Commission on Narcotic Drugs as the policymaking body of the United Nations with prime responsibility for drug-control matters.

In a resolution (A/HRC/42/L.36) on the right to development, adopted by a vote of 27 in favour, 13 against and 7 abstentions as orally revised, the Council decides that, at its twenty-first session, the Working Group on the Right to Development will commence the elaboration of a draft legally binding instrument on the right to development on the basis of the draft prepared by the Chair-Rapporteur. The Council further decides to extend for a period of three years the mandate of the Special Rapporteur on the right to development, and to organize a biennial panel discussion on the right to development, starting at its forty-fifth session. It also decides to establish a subsidiary expert mechanism to provide the Council with thematic expertise on the right to development that shall consist of five independent experts who shall serve for a three-year period. The expert mechanism shall report annually to the Human Rights Council on its work and shall meet once annually for three days in Geneva and once annually for three days in New York.

In a resolution (A/HRC/42/L.37) on the question of the death penalty, adopted by a vote of 26 in favour, 14 against and 6 abstentions, the Council decides that the upcoming biennial high-level panel discussion to be held at the forty-sixth session of the Human Rights Council will address the human rights violations related to the use of the death penalty, in particular with respect to whether the use of the death penalty has a deterrent effect on crime rate, and requests the Office of the High Commissioner to prepare a summary report on the panel discussion and to submit it to the Human Rights Council at its forty-eighth session.

Action on Resolutions under Agenda Item 4 on Human Rights Situations that Require the Council’s Attention

In a resolution (A/HRC/42/L.4/Rev.1) on the situation of human rights in the Bolivarian Republic of Venezuela, adopted by a vote of 19 in favour, seven against and 21 abstentions, the Council requests the United Nations High Commissioner for Human Rights to prepare a comprehensive written report on the situation of human rights in Venezuela and to present the report to the Council at its forty-fourth session. The Council decides to establish, for a period of one year, an independent international fact-finding mission and to dispatch that mission urgently to Venezuela to investigate extrajudicial executions, enforced disappearances, arbitrary detentions and torture and other cruel, inhumane or degrading treatment since 2014, with a view to ensuring full accountability for perpetrators and justice for victims. The Council requests the mission to present a report on its findings during an interactive dialogue at its forty-fifth session.

In a resolution (A/HRC/42/L.10/Rev.1) on the situation of human rights in Burundi, adopted by a vote of 23 in favour, 11 against and 13 abstentions, the Council decides to extend the mandate of the Commission of Inquiry on Burundi in order for it to deepen its investigations, including into respect for and observance of political, civil, economic and social rights in the electoral context, until it presents a final report to the Human Rights Council during an interactive dialogue at its forty-fifth session and to the General Assembly at its seventy-fifth session. The Council requests the Commission to present an oral briefing to the Council at its forty-third and forty-fourth sessions during an interactive dialogue.

In a resolution (A/HRC/42/L.22) on the human rights situation in the Syrian Arab Republic, adopted by a vote of 27 in favour, six against and 13 abstentions, the Council deplores the fact that the conflict in the Syrian Arab Republic continues in its ninth year with its devastating impact on the civilian population, and urges all parties to the conflict to abstain immediately from any actions that may contribute to the further deterioration of the human rights, security and humanitarian situations. The Council demands that the Syrian authorities cooperate fully with the Human Rights Council and the Commission of Inquiry by granting the Commission immediate, full and unfettered access throughout the Syrian Arab Republic, and expresses deep concern about the grave humanitarian situation in the country and at the plight of the 11.7 million people in need of full, timely, immediate, unhindered and safe humanitarian assistance.

The Council welcomes the work of the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Persons Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011 and its close cooperation with the Commission of Inquiry and Syrian civil society, and invites Member States to actively support the Mechanism and to provide adequate financial means for its functioning. The Council further welcomes the steps taken by Member States to prosecute the most serious crimes under international law committed in the Syrian Arab Republic in national courts under the principles of universal jurisdiction and extraterritorial jurisdiction as an important contribution to end impunity and ensure justice for victims.

Action on Resolution under Agenda Item 5 on Human Rights Bodies and Mechanisms

In a resolution (A/HRC/42/L.33/Rev.1) on cooperation with the United Nations, its representatives and mechanisms in the field of human rights, adopted by a vote of 36 in favour and 11 against, with no abstentions, as orally revised, the Council calls upon States to combat impunity by conducting prompt, impartial and independent investigations and pursuing accountability for all acts of intimidation or reprisal by State and non-State actors against any individual or group who seeks to cooperate, cooperates or has cooperated with the United Nations, its representatives and mechanisms in the field of human rights, and by condemning publicly all such acts, underlining that these can never be justified.

Action on Resolution under Agenda Item 9 on Racism, Racial Discrimination, Xenophobia and Related Intolerance

In a resolution (A/HRC/42/L.28/Rev.1) From rhetoric to reality: a global call for concrete action against racism, racial discrimination, xenophobia and related intolerance, adopted without a vote as orally revised, the Council requests the Office of the United Nations High Commissioner for Human Rights to organize, before the eleventh session of the Ad Hoc Committee on the Elaboration of Complementary Standards to the International Convention on the Elimination of All Forms of Racial Discrimination, a two-day expert seminar to consider the elements of a draft additional protocol to the Convention. It further requests the Group of Independent Eminent Experts on the Implementation of the Durban Declaration and Programme of Action to convene its seventh session for five working days during 2020 and to submit a report to the General Assembly at its seventy-fifth session.

Action on Resolutions under Agenda Item 10 on Technical Assistance and Capacity Building

In a resolution (A/HRC/42/L.3) on promoting international cooperation to support national mechanisms for implementation, reporting and follow-up, adopted without a vote, the Council requests the Office of the High Commissioner to organize five regional consultations to exchange experiences and good practices relating to the establishment and development of national mechanisms for implementation, reporting and follow-up, and their impact on effective implementation of human rights obligations and commitments.

In a resolution (A/HRC/42/L.12) on technical assistance and capacity-building for Yemen in the field of human rights, adopted without a vote, the Council requests the United Nations High Commissioner for Human Rights to continue to provide substantive capacity-building and technical assistance to the Government of Yemen and technical support to the National Commission of Inquiry to ensure that it continues to investigate allegations of violations and abuses committed by all parties to the conflict in Yemen, and requests the High Commissioner to present a written report on the implementation of technical assistance at the Council’s forty-fifth session.

In a resolution (A/HRC/42/L.15) on the enhancement of technical cooperation and capacity-building in the field of human rights, adopted without a vote, the Council decides that the theme of the annual thematic panel discussion under agenda item 10, to be held during its forty-fourth session, will be “Upholding the human rights of prisoners, including women prisoners and offenders: enhancing technical cooperation and capacity-building in the implementation of the Nelson Mandela Rules and the Bangkok Rules”.

In a resolution (A/HRC/42/L.26/Rev.1) on assistance to Somalia in the field of human rights, adopted without a vote as orally revised, the Council decides to renew the mandate of the Independent Expert on the situation of human rights in Somalia for a period of one year and requests the Independent Expert to report to the Human Rights Council at its forty-fifth session and to the General Assembly at its seventy-fifth session.

In a resolution (A/HRC/42/L.29/Rev.1) on technical assistance and capacity-building in the field of human rights in the Democratic Republic of the Congo, adopted without a vote, the Council requests the United Nations High Commissioner for Human Rights to present an oral update on the situation of human rights in the Democratic Republic of the Congo at its forty-third session and a comprehensive report at its forty-fifth session.

In a resolution (A/HRC/42/L.30) on technical assistance and capacity-building to further improve human rights in the Sudan, adopted without a vote as orally revised, the Council decides to renew the mandate of the Independent Expert on the situation of human rights in the Sudan for period of one year recognising the intention to phase out the mandate and requests the Independent Expert to present a report on the implementation of his mandate to the Human Rights Council at its forty-fifth session. The Council requests the Government of the Sudan and the Office of the High Commissioner to present their oral reports on progress towards the opening of a country office during an enhanced interactive dialogue at the Council’s forty-forth session.

In a resolution (A/HRC/42/L.31) on technical assistance and capacity-building in the field of human rights in the Central African Republic, adopted without a vote, the Council decides to renew, for one year, the mandate of the Independent Expert on the human rights situation in the Central African Republic and to organize, at its forty-third session, a high-level interactive dialogue to assess the evolution of the human rights situation on the ground, placing special emphasis on preventing the recruitment and use of children in the armed conflict and protecting their rights through their demobilization and reintegration.

In a resolution (A/HRC/42/L.35/Rev.1) on the advisory services and technical assistance for Cambodia, adopted without a vote, the Council decides to extend for two years the mandate of the Special Rapporteur on the situation of human rights in Cambodia, and requests the Special Rapporteur to report on the implementation of her mandate to the Human Rights Council at its forty-fifth and forty-eighth sessions.

http://ishr.ch/news/hrc42-civil-society-presents-key-takeaways-human-rights-council

https://reliefweb.int/report/venezuela-bolivarian-republic/human-rights-council-closes-forty-second-regular-session-adopts

Saudi Arabia in the spotlight at the 42nd Sesstion of the Council – hits back wildly

September 25, 2019

The ISHR published a media release on 23 September 2019 about Australia delivering a joint statement on behalf of a cross-regional group of States expressing their concern over the persecution and intimidation of activists, including women human rights defenders, reports of torture, extrajudicial killings, enforced disappearances, unfair trials, arbitrary detention and impunity. It calls on the Saudi government to end impunity including for the murder of Saudi journalist Jamal Khashoggi, accept visits by UN experts, end the death penalty and ratify international human rights treaties.  [see: https://humanrightsdefenders.blog/2019/03/08/saudi-arabia-for-first-time-openly-criticized-in-un-human-rights-council/]

During the same debate, the sister of woman human rights defender Loujain Al-Hathloul, Lina Al-Hathloul called on the UN Human Rights Council to help her hold those who tortured her sister accountable, and secure her immediate and unconditional release.  Since March 2019, the Council has increased its scrutiny of Saudi Arabia, when Iceland delivered the first ever joint statement on the country. In June 2019, the Special Rapporteur on extrajudicial and summary executions Dr. Agnes Callamard presented to the Council her investigation which found the State of Saudi Arabia responsible for the murder of Saudi journalist Jamal Khashoggi in the Saudi consulate in Turkey in October 2018. The UN expert urged States to act immediately to ensure accountability for Khashoggi’s murder and guarantee non-repetition.

Australia, leading a cross-regional group of States, has stood up today for human rights despite the political and economic costs’, said Salma El Hosseiny, ISHR’s Human Rights Council advocate. ‘The international community sent a strong and clear message to the government of Saudi Arabia that its crimes won’t go unanswered and that as a Council member, it will be held to heightened scrunity’. [The States who signed on the joint statement are: Belgium, Canada, Croatia, Denmark, Estonia, Finland, Germany, Iceland, Ireland, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, Montenegro, Netherlands, New Zealand, Norway, Peru, Slovakia, Slovenia, Sweden, The United Kingdom].

ISHR, as part of the Coalition of Free Saudi Women Human Rights Defenders has been advocating for the immediate and unconditional release of Saudi women’s rights activists. The statement has set out a list of measures that Saudi Arabia should take to demonstrate its political will to engage in good faith with the Council and improve its human rights record. They include:

  • ending the persecution and intimidation of activists, journalists, dissents and their family members;
  • ending impunity for torture and extrajudicial killings, including establishing the truth and accountability for the murder of Saudi journalist Jamal Khashoggi;
  • ending its use of the death penalty;
  • accepting visits by relevant UN Special Procedures;
  • ratifying the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.

[see also: https://humanrightsdefenders.blog/2019/09/16/rsfs-press-freedom-award-2019-goes-to-three-women-journalists/]

If Saudi Arabia does not meet any of the benchmarks, the Council should follow up with a resolution establishing a monitoring mechanism over the human rights situation in the country in the upcoming session in March 2020′, concluded El Hosseiny.  Read the joint statement here and watch Lina Al-Hathloul’s statement here.

In response the Saudi delegation has accused the Australian government of racism and of supporting anti-Islamic terrorists like the alleged Christchurch shooter.

https://www.theguardian.com/australia-news/2019/sep/25/saudi-arabia-accuses-australia-of-racism-in-extraordinary-un-broadside

https://mailchi.mp/ishr/alert-to-the-human-rights-councils-35th-session-32317?e=d1945ebb90

What should Michel Forst’s successor as Rapporteur on HRDs look like?

September 11, 2019

The current Special Rapporteur on human rights defenders shaking hands with the UN Secretary General
Michael Forst (l) with the UN Secretary General

An exceptionally large group of 131 national and international NGOs (for list see: http://www.ishr.ch/sites/default/files/documents/190909_criteria_jt_letter_sr_on_hrds_signatories.pdf) have set out the criteria that should be at the heart of the selection of the next UN Special Rapporteur on the situation of human rights defenders. As Michel Forst’s term as mandate holder comes to an end, candidates have until 17 October 2019 to submit their applications for the position. (If your organisation would like to endorse the criteria, please sign on here)

The document sets out the skills and expertise that should be taken into account in the appointment of the next expert in March 2020. These fit under 4 priorities:

  • qualifications and skills;
  • relevant expertise
  • established competence;
  • and flexibility/ readiness and availability

The document also provides information on the application process, and underlines the importance of independence and impartiality, as well as experience or knowledge of the realities faced by human rights defenders.

ISHR’s Programme Manager Helen Nolan stated: ‘Human rights defenders who are most at risk around the world are often persons with discriminated identities or from communities that are marginalised, so the Special Rapporteur should be able to consider the particular contexts and challenges faced by these individuals and groups with the benefit of insights from the mandate holder’s personal experience’.

The checklist is available here.

http://www.ishr.ch/news/special-procedures-what-skills-do-we-need-next-un-expert-human-rights-defenders-rapporteur

42nd session of the Human Rights Council: list of side events

September 9, 2019

The 42nd session of the UN Human Rights Council started today, 9 September 2019, and as usual is surrounded by a large number of side events. Here a selection with special relevance for human rights defenders:

  • Monday 9 September at 14:30 in Room VIII, Why is a Commission of Inquiry on Venezuela needed? organised by Amnesty International, ISHR, ICJ and Human Rights Watch.
  • Tuesday 10 September at 15:30-16:30 in Room XXII, Situation of the Right to Memory, Truth in Brazil: From the Transitional Policies to Denial organised by Centro de Estudios Legales y Sociales, Conselho Federal da Ordem dos Advogados do Brasil, Instituto Vladimir Herzog and Centro de Estudos sobre Justiça de Transição.
  • Wednesday 11 September, Privacy in the Digital Age: Priorities for Protecting Rights Online organised by Article19.
  • Wednesday 11 September 10:00-11:30, Room XXV. Human Rights Council Elections 2019: discussions of candidate States’ visions for membership, The event is co-sponsored by the Permanent Missions of the Czech Republic, Denmark and Fiji. It is intended to give candidates an opportunity to present their visions for Council membership and to respond to questions from a range of stakeholders on how they propose to realise the pledges and commitments they may have made in seeking election.
  • Thursday 12 September at 12:30-13:30 in Room XVI Ensuring credible HRC action on Sudan organised by Defendefenders.
  • Thursday 12 September at 13:30 to 14:30 in Room XVI Investigating Unlawful Deaths, organised by the International Commission of Jurists (ICJ) and the panel will include the Special Rapporteur on extrajudicial, summary or arbitrary executions (by video link).
  • Monday 16 September at 13:00 in Room IVCivic space restrictions as an early warning of a deteriorating human rights situation organised by CIVICUS.
  • Tuesday 17 September, 10:00-11:00, Room IV, Rule of law in China,  organised by ISHR, International Bar Association, World Uyghur Congress and Tibet Advocacy Coalition.
  • Tuesday 17 September at 13:00-14.30 in Room VIII Indigenous Justice and Human Rights co-organised by the UN Special Rapporteur on Rights of Indigenous Peoples and the International Commission of Jurists (ICJ).
  • Tuesday 17 September at 16:00-17:00, in Room IV Human rights in Myanmar organised by Forum-Asia.
  • Wednesday 18 September, 16:30-17:30, Room VIII, Ending Reprisals,  co-sponsored by the Cairo Institute for Human Rights Studies and Forum-Asia. The panel will include the Assistant Secretary General Andrew Gilmour and human rights defenders. It will discuss and expand on the Secretary-General’s report on cooperation with UN mechanisms, the nature and extent of reprisals and consider efforts to date to address the issue.
  • Thursday 19 September at 13:30 in Room VIII, The situation of human rights in Brazil organised by Conectas.
  • Thursay 19 September at 16:30 in Room XXII Access to Information organised by Article 19 and the Permanent Mission of the Kingdom of the Netherlands.
  • Thursday 19 September at 12:00 to 13:00 in Room XXI, The First Year of the Transitional Justice System in Colombia organised by the Colombian Commission of Jurists and the ICJ.
  • Friday 20 September from 15:00 to 16:30 Libya: How to advance accountability for Human Rights Violations and Abuses in Libya, organised by the Netherlands, the International Commission of Jurists, the Cairo Institute, Human Rights Watch and Lawyers for Justice in Libya.
  • Tuesday 24 September 13:00-14:00 in Room XXV, Human rights in Cambodia, organised by Forum-Asia.
  • Thursday 26 September, 09:30 in Room XXIV, The Continued Silencing and Imprisonment of Saudi women’s rights activists on  organised by CIVICUS, ISHR, Women’s March Global and the Gulf Center for Human Rights. The panel will share the experiences of Saudi women human rights defenders, reflect on the reality they face in prison, and discuss what further efforts can be taken to ensure their immediate release and provide guarantees for a safe and enabling environment for them to continue their work.

You can download the list of NGO events here.

see also: https://humanrightsdefenders.blog/2019/09/05/human-rights-defenders-issues-at-the-42nd-session-of-the-un-human-rights-council/

https://www.ishr.ch/news/hrc42-key-issues-agenda-september-2019-session

Human Rights Defenders issues at the 42nd session of the UN Human Rights Council

September 5, 2019

As usual the International Service for Human Rights has come out with an excellent preview of  key issues on the agenda of the 42nd session of the UN Human Rights Council, starting on Monday 9 September 2019. And – also as usual – I provide here an extract of the key elements affecting human rights defenders more directly. The 42nd session will consider issues such as reprisals, indigenous peoples, death penalty, arbitrary detention and enforced disappearances. To stay up-to-date on the whole session: follow @ISHRglobal and #HRC42 on Twitter. Side events will the subject of a separate post.

Reprisals

On 18 September, the ASG for Human Rights will present his annual Reprisals Report  (report on the cooperation with the United Nations) in his capacity as UN senior official on reprisals. [see https://humanrightsdefenders.blog/2016/10/05/assistant-secretary-general-andrew-gilmour-appointed-as-the-uns-focal-point-to-combat-reprisals-against-human-rights-defenders/]

It will be interesting to see the difference with the first such interactive dialogue in September 2018 [https://humanrightsdefenders.blog/2018/10/05/no-naming-and-shaming-on-reprisals-at-39th-human-right-council-session/]. Ghana, Fiji, Hungary, Ireland and Uruguay will present a draft resolution at this session which aims to strengthen the responses by the UN and States to end to acts of intimidation and reprisals.

The ISHR states that reports of cases of reprisals against those cooperating or seeking to cooperate with the UN not only continue, but grow. [see in this context one of my earliest posts, still sadly relevant: https://humanrightsdefenders.blog/2014/03/13/zero-tolerance-for-states-that-take-reprisals-against-hrds-lets-up-the-ante/]..

Other key thematic reports

The Council will consider on 13 September two reports on the death penalty: the report of the UN Secretary General on capital punishment and the implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty, and the summary report of OHCHR on the biennial high-level panel discussion on human rights violations related to the use of the death penalty, in particular with respect to the rights to non-discrimination and equality. The Council will also consider a resolution on the issue.

The Council will hold dedicated debates and consider the reports of several mandates relating to civil, political, economic, social and cultural rights, such as:

  • The Special Rapporteur on contemporary forms of slavery will present her report on current and emerging forms of slavery and country visit report to Italy on 9 September.
  • The Working Group on Enforced or Involuntary Disappearances will present a report on public policies for effective investigation of disappearances, as well as its annual report and country visit report to Ukraine, on 11 September.
  • The Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence will present his report and country visit report to Sri Lanka on 11 September.
  • The Working Group on Arbitrary Detention will present its annual report and country visit report to Bhutan on 13 September.
  • The Special Rapporteur on the rights of indigenous peoples will present her annual report and country visit reports to Ecuador and Timor-Leste on 18 September. The Council will also consider during the same debate three reports of the Expert Mechanism on the Rights of Indigenous Peoples.

Country-specific developments

China: The harassment, surveillance, and mass detention of more than one million Uyghurs and other Turkic Muslims in the People’s Republic of China continues to be the most pressing issue with regards to China for the international community to address.

At the same time, China has continued its crackdown on human rights activists: Jiang Tianyong a victim of reprisals for his engagement with UN experts, has been ‘free’ for six months, but remains under heavy-handed surveillance. Citizen journalist Huang Qi was sentenced to 12 years, despite serious health concerns.[https://humanrightsdefenders.blog/2019/07/30/chinas-cyber-dissident-huang-qi-get-12-years-jail/]. Grassroots activist Ji Sizun died in custody [https://humanrightsdefenders.blog/2019/07/15/in-memoriam-chinese-human-rights-defender-ji-sizun/] while Chen Jianfang, recipient of the Cao Shunli award, is being held incommunicado in an unknown location. [https://humanrightsdefenders.blog/2016/02/12/cao-shunli-a-profile-and-new-award-in-her-name/]

Saudi Arabia: The September session provides an invaluable opportunity for the Council and States to follow up on the joint statement delivered on behalf of 36 States by Iceland [https://humanrightsdefenders.blog/2019/07/22/why-iceland-led-the-un-resolution-on-the-philippines/] During the June session, a broad range of cross-regional States called for accountability and guarantees of non-recurrence during the discussion of the Special Rapporteur on extrajudicial, summary or arbitrary executions’ report on the killing of Saudi journalist Jamal Khashoggi

ISHR calls on States to advancing a HRC resolution establishing a monitoring mechanism over the human rights violations in the country and calling explicitly for the immediate and unconditional release of the detained Saudi women human rights defenders and to drop all charges against them.

Egypt: ISHR remains deeply concerned about the situation of human rights defenders in Egypt ..ISHR recalls that defenders who engaged with Egypt’s UPR in 2014 have since then faced travel bans, closure of NGOs, assets freezing, and are facing up to 25 years imprisonment in the ‘NGO Foreign Funding case no. 173.’ ISHR also recalls that individuals and communities who engaged with the Special Rapporteur on the right to housing during her visit in September 2018 faced systematic reprisals. [see also: https://humanrightsdefenders.blog/2019/08/21/un-pulls-anti-torture-conference-from-egypt-to-seek-other-regional-venue/]

Venezuela: Several Venezuelan human rights organisations and international NGOs think  are calling on States to create an investigation. On 10 September, the High Commissioner is scheduled to provide an update to the Council, as a follow up to her report delivered in July. She is expected to outline further deterioration in the situation in the country.

Burundi: The Commission of Inquiry on Burundi will present its oral briefing on 17 September. Burundi continues to refuse to cooperate with the Council’s mechanisms. ISHR calls on States to renew the mandate of the Commission of Inquiry.

The Burundian Government suspended one of the last remaining independent civil society organisations (PARCEM), suspended the operating license of the Voice of America, revoked the license of the BBC, and forced at least 30 international non-governmental organisations to cease their activities. On 17 July 2019, the Ntahangwa Court of Appeal upheld the 32-year prison sentence against HRD Germain Rukuki. [see also: https://humanrightsdefenders.blog/2019/03/29/ngo-statement-condemns-new-irregularities-in-the-case-of-germain-rukuki-burundi/]

Interactive dialogue with the Special Rapporteur on Myanmar and the international fact-finding mission on the situation of human rights of Rohingya Muslims and other minorities in Myanmar on 17 September as well as the presentation of the report of the Independent Investigative Mechanism on Myanmar on 10 September. Among other things, the FFM sheds light on the economic interests of Myanmar’s military and the strong connections between the Tatmadaw and businesses and investors.

Enhanced interactive dialogue on the report of the High Commissioner on the human rights situation in Nicaragua on 10 September

Interactive dialogue on the oral update by the Commission on Human Rights in South Sudan on 16 September

Interactive dialogue on the updated written report of the Commission of Inquiry on Syria on 17 September

Interactive dialogue with the High Commissioner on the situation of human rights in Ukraine on 24 September

Interactive dialogue with the High Commissioner on the situation of human rights in Libya on 25 September

Adoption of Universal Periodic Review (UPR) reports: During this session, the Council will adopt the UPR working group reports on – inter alia – Albania, Côte d’Ivoire, the Democratic People’s Republic of Korea, the Democratic Republic of the Congo, Equatorial Guinea, Ethiopia, Nicaragua, and Qatar.  ISHR supports human rights defenders in their interaction with the UPR. It publishes briefing papers regarding the situation facing human rights defenders in some States under review. This session of the Council will provide an opportunity for the Democratic Republic of the Congo and Côte d’Ivoire to accept recommendations made in relation to human rights defenders, as proposed in ISHR’s briefing papers.

Council programme, appointments and resolutions

The President of the Human Rights Council has proposed a candidate for the mandate of the Independent Expert on the situation of human rights in the Central African Republic.

At the organisational meeting the following resolutions were already announced (States sponsoring the resolution in brackets) which are especially relevant to HRDs :

  1. Arbitrary detention (mandate renewal, France)
  2. Technical assistance and capacity-building for Yemen in the field of human rights (Arab Group)
  3. Contemporary forms of slavery (mandate renewal, United Kingdom)
  4. Cooperation with the United Nations, its representatives and mechanisms in the field of human rights – ‘the reprisals resolution’ (Fiji, Ghana, Hungary, Ireland, Uruguay).
  5. Human rights and indigenous peoples (mandate renewal of the SR, Guatemala, Mexico).
  6. Human rights and indigenous peoples (Guatemala, Mexico).
  7. Promoting international cooperation to support national human rights follow-up systems, processes and related mechanisms (Brazil, Paraguay).
  8. The question of the death penalty (Belgium, Benin, Costa Rica, France, Mexico, Mongolia, Republic of Moldova, Switzerland).
  9. World program on human rights education and training (Slovenia)
  10. Technical cooperation and capacity building in the field of human rights (Brazil, Honduras, Indonesia, Morocco, Norway, Qatar, Singapore, Thailand, Turkey).
  11. Human rights situation in Yemen (Belgium, Canada, Ireland, Luxembourg, Netherlands)
  12. The human rights situation in the Syrian Arab Republic (France, Germany, Italy, Jordan, Kuwait, Morocco, Netherlands, Qatar, Turkey, United Kingdom of Great Britain and Northern Ireland)
  13. Situation of human rights in Burundi (European Union)
  14. Advisory services and technical assistance for Cambodia (Japan)
  15. The right to privacy in the digital age (Brazil, Austria, Germany, Lichtenstein, Mexico)
  16. Assistance to Somalia in the field of human rights (Somalia, United Kingdom)
  17. Technical assistance and capacity-building to improve human rights in the Sudan (African Group)
  18. The human rights situation in Venezuela (Argentina, Canada, Chile, Colombia, Costa Rica, Guatemala, Guyana, Honduras, Mexico, Paraguay, Peru)
  19. Situation of human rights of Rohingya Muslims and other minorities in Myanmar (the Organization of Islamic Cooperation)

——

https://www.ishr.ch/news/hrc42-key-issues-agenda-september-2019-session

 

Interview with Cédric Herrou, migrants rights defender who is the central person in the film Libre

July 18, 2019

ISHR had the chance to meet with Cédric Herrou for the Geneva premiere of movie ‘Libre’ where director Michel Toesca follows him in his endeavours in France‘s Roya Valley. During our interview, Herrou, a migrant rights defender and president of association ‘Défends Ta Citoyenneté’, shared his testimony, challenges, aspirations and calls to action.  The interview was published on 22 March 2019.

41st UN Human Rights Council: what the NGOs see as its result

July 16, 2019

On 12 july 2019, ISHR published what key civil society organisations thought of the just finished 41st session of the UN Human Rights Council.

Civil society organisations welcomed significant outcomes of the Human Rights Council’s 41st session, including the extension of the SOGI mandate, adopting the first resolution on the Philippines and extending its scrutiny over Eritrea, the Democratic Republic of Congo, Belarus and Ukraine. This session witnessed heightened scrutiny of Council members by shedding light on the situations in Saudi Arabia and China. It missed an opportunity, however, to ensure that human rights are not sidelined in Sudan.

16 leading human rights organisations (see below) expressed regrets that Council members seek to use their seats to shield themselves and others from scrutiny. They called on States to stand with victims of human rights violations. They welcomed the renewal of the mandate of the Special Rapporteur on freedom of peaceful assembly association, that the Council stood up to the global backlash against the rights of women and girls, and that it continued to address the threat posed by climate change to human rights. They also welcomed the reports on Venezuela, called on the High Commissioner to immediately release the UN database of businesses engaged with Israeli settlements, and on all States to pursue accountability for victims of intimidation and reprisals.

Full statement below:

By renewing the mandate of the Independent Expert on sexual orientation and gender identity (SOGI), the Council has sent a clear message that violence and discrimination against people of diverse sexual orientations and gender identities cannot be tolerated. It reaffirmed that specific, sustained and systematic attention is needed to address these human rights violations and ensure that LGBT people can live a life of dignity. We welcome the Core Group’s commitment to engage in dialogue with all States, resulting in over 50 original co-sponsors across all regions. However, we regret that some States have again attempted to prevent the Council from addressing discrimination and violence on the basis of SOGI.

This Council session also sent a clear message that Council membership comes with scrutiny by addressing the situations of Eritrea, the Philippines, China, Saudi Arabia and the Democratic Republic of Congo. This shows the potential the Council has to leverage its membership to become more effective and responsive to rights holders and victims.

The Council did the right thing by extending its monitoring of the situation in Eritrea. The onus is on the Eritrean Government to cooperate with Council mechanisms, including the Special Rapporteur, in line with its membership obligations.

We welcome the first Council resolution on the Philippines as an important first step towards justice and accountability. We urge the Council to closely follow this situation and be ready to follow up with additional action, if the situation does not improve or deteriorates further. We deeply regret that such a resolution was necessary, due to the continuation of serious violations and repeated refusal of the Philippines – despite its membership of the Council– to cooperate with existing mechanisms.

We deplore that the Philippines and Eritrea sought to use their seats in this Council to seek to shield themselves from scrutiny, and those States [1] who stood with the authorities and perpetrators who continue to commit grave violations with impunity, rather than with the victims.

We welcome the written statement by 22 States on China expressing collective concern over widespread surveillance, restrictions to freedoms of religion and movement, and large-scale arbitrary detention of Uyghurs and other minorities in Xinjiang. We consider it as a first step towards sustained Council attention and in the absence of progress look to those governments that have signed this letter to follow up at the September session with a resolution calling for China to allow access to the region to independent human rights experts and to end country-wide the arbitrary detention of individuals based on their religious beliefs or political opinions.

We welcome the progress made in resolutions on the rights of women and girls: violence against women and girls in the world of work, on discrimination against women and girls and on the consequences of child, early and forced marriage. We particularly welcome the renewal of the mandate of the Working Group on Discrimination Against Women and Girls under its new name and mandate to focus on the intersections of gender and age and their impact on girls. The Council showed that it was willing to stand up to the global backlash against the rights of women and girls by ensuring that these resolutions reflect the current international legal framework and resisted cultural relativism, despite several amendments put forward to try and weaken the strong content of these resolutions.

However, in the text on the contribution of development to the enjoyment of all human rights, long standing consensus language from the Vienna Declaration for Programme of Action (VDPA) recognising that, at the same time, “the lack of development may not be invoked to justify the abridgment of internationally recognized human rights” has again been deliberately excluded, disturbing the careful balance established and maintained for several decades on this issue.

We welcome the continuous engagement of the Council in addressing the threat posed by climate change to human rights, through its annual resolution and the panel discussion on women’s rights and climate change at this session. We call on the Council to continue to strengthen its work on this issue, given its increasing urgency for the protection of all human rights.

The Council has missed an opportunity on Sudan where it could have supported regional efforts and ensured that human rights are not sidelined in the process. We now look to African leadership to ensure that human rights are upheld in the transition. The Council should stand ready to act, including through setting up a full-fledged inquiry into all instances of violence against peaceful protesters and civilians across the country.

During the interactive dialogue with the Special Rapporteur on extrajudicial and summary executions, States heard loud and clear that the time to hold Saudi Arabia accountable is now  for the extrajudicial killing of journalist Jamal Khashoggi. We recall that women human rights defenders continue to be arbitrarily detained despite the calls by 36 States at the March session. We urge States to adopt a resolution at the September session to establish a monitoring mechanism over the human rights situation in the country.

We welcome the landmark report of the High Commissioner on the situation for human rights in Venezuela; in response to the grave findings in the report and the absence of any fundamental improvement of the situation in the meantime, we urge the Council to adopt a Commission of Inquiry or similar mechanism in September, to reinforce the ongoing efforts of the High Commissioner and other actors to address the situation.

We welcome the renewal of the mandate on freedom of peaceful assembly and association. This mandate is at the core of our work as civil society and we trust that the mandate will continue to protect and promote these fundamental freedoms towards a more open civic space.

We welcome the renewal of the mandate of the Special Rapporteur on Belarus. We acknowledge some positive signs of re-engagement in dialogue by Belarus, and an attempted negotiation process with the EU on a potential Item 10 resolution. However, in the absence of systemic human rights reforms in Belarus, the mandate and resolution process remains an essential tool for Belarusian civil society. In addition, there are fears of a spike in violations around upcoming elections and we are pleased that the resolution highlights the need for Belarus to provide safeguards against such an increase.

We welcome the renewal of the quarterly reporting process on the human rights situation in Ukraine. However, we also urge States to think creatively about how best to use this regular mechanism on Ukraine to make better progress on the human rights situation.

The continued delay in the release of the UN database of businesses engaged with Israeli settlements established pursuant to Council resolution 31/36 in March 2016 is of deep concern.  We join others including Tunisia speaking on behalf of 65 states and Peru speaking on behalf of 26 States in calling on the High Commissioner to urgently and fully fulfill this mandate as a matter of urgency and on all States to  cooperate with all Council mandates, including this one, and without political interference.

Numerous States and stakeholders highlighted the importance of the OHCHR report on Kashmir; while its release only a few days ago meant it did not receive substantive consideration at the present session, we look forward to discussing it in depth at the September session.

Finally, we welcome the principled leadership shown by Belgium, Luxembourg and the Netherlands, in pursuing accountability for individual victims of acts of intimidation and reprisals under General Debate Item 5, contrasting with other States which tend to make only general statements of concern. We call on States to raise all individual cases at the interactive dialogue on reprisals and intimidation in the September session.

[1]States who voted against the resolution on the Eritrea: Bahrain, Burkina Faso, Cameroon, China, Cuba, Egypt, Eritrea, Iraq, India, Saudi Arabia, Somalia, the Philippines and Pakistan.
States who voted against the resolution on the Philippines: Angola, Bahrain, Cameroon, China, Cuba, Egypt, Eritrea, Hungary, Iraq, India, Qatar, Saudi Arabia, Somalia, and the Philippines.

*Statement delivered by the International Service for Human Rights (ISHR) on behalf of: DefendDefenders (the East and Horn of Africa Human Rights Defenders Project); Global Initiative for Economic, Social and Cultural Rights; Asian Forum for Human Rights and Development (FORUM-ASIA); International Federation for Human Rights (FIDH); International Commission of Jurists (ICJ); Center for Reproductive Rights; ARTICLE 19; Cairo Institute for Human Rights Studies; Human Rights House Foundation; CIVICUS: World Alliance for Citizen Participation; Franciscans International; Association for Progressive Communications (APC); Amnesty International; Human Rights Watch; International Lesbian and Gay Association (ILGA).

For the preview of the the 41st session, see: https://humanrightsdefenders.blog/2019/06/14/guide-to-human-rights-defenders-issues-at-the-41st-human-rights-council-starting-on-24-june/

http://www.ishr.ch/news/hrc41-civil-society-presents-key-takeaways-human-rights-council