Since the adoption of the Declaration on Human Rights Defenders (1998), UN bodies have developed approaches to promoting the work of defenders and ensuring their protection. However, this response has been insufficiently robust or coordinated, says the International Service for Human Rights (ISHR), one of the world’s foremost observers of the UN human rights system, in a piece published on 16 April 2018. Twenty years on, the situation for defenders in many countries around the world remains grave. [For earlier posts re the 20th anniversary of the HRD Declaration see: https://humanrightsdefenders.blog/tag/20th-anniversary-un-declaration-on-hrds/]
UN country missions and human rights mechanisms have developed some good practice in regard to the protection of human rights defenders (HRDs) but there is still much to be done to ensure a coherent, coordinated and courageous response. ISHR submitted findings on some aspects of the UN’s work on HRDs, to the Office of the UN High Commissioner on Human Rights (OHCHR) following its call for input. At country level, ISHR – along with partners Colombian Commission of Jurists and Ligue Tunisienne for Human Rights – found positive practice by OHCHR in encouraging the State to implement the Declaration.
‘In Colombia OHCHR has contributed to a collective understanding of who defenders are and what institutional changes may be needed to counter attacks against them,’ said ISHR’s Eleanor Openshaw. ‘While in Tunisia OHCHR has developed a database to systematise the process of follow up on UN recommendations.’ In other contexts, guidelines to steer bodies and representatives in country are often vague, with no mention of the Declaration as a key UN standard.
‘UN Resident Coordinators need to have an understanding of the Declaration on HRDs so they can ensure the protection of defenders is effectively integrated into their work,’ said Openshaw. ‘There is a gap between developments in key human rights mechanisms and country responses.’
Whilst there have been some positive developments connecting different parts of the UN system – for example the new UN Environment focus on environmental defenders, developed with the Special Rapporteur on HRDs – there is a lack of an informed or coordinated response in others. This points to the need for comprehensive UN-wide policies on the protection of defenders.
‘Ensuring coherence and effectiveness throughout the UN system in regard to the protection of defenders requires a strong steer from the very top – the UN Secretary General,’ said ISHR’s Tess McEvoy. ‘We hope Mr Guterres will commit this year – the 20th anniversary of the Declaration– to providing such leadership.’ The Special Rapporteur on Human Rights Defenders, Michel Forst has spoken of attacks against defenders ‘multiplying everywhere’.
Openshaw also stated: ‘The dangers for defenders are known. The UN system has good practice to build on – and it must – to fulfil its role in encouraging and demanding States realise their obligations to defenders.’
An Egyptian lawyer, Samir Sabry, has requested the Attorney General to bring human right defender Asmaa Mahfouz to court. The reason? Winning the Sakharov Prize in 2011! If Egypt Today had reported it a day earlier (on 1 April), I would have credited it as a good April 1st spoof, but unfortunately it is not. In his complaint, Sabry called for the Attorney General to transfer Mahfouz to a Criminal Court trial and ban her from travelling outside the country. He stated that the prize, worth €50,000 was given to her suddenly, and he did not know why. He asked whether it is funding, a reward, or for certain service, and what the reason is for this award. The complaint from Sabry also claimed that this is a Jewish award [SIC} and questions the award’s links to Zionism. According to Sabry, the answer is that Mahfouz received the prize money, and accepted the award, in return for betraying Egypt.
Asmaa Mahfouz was one of the founding members of the April 6 Youth Movement, which sparked nation-wide demonstrations in April 2008 and was indeed awarded the Sakharov prize in 2011 (sharing it with four other Arab figures).
However, the issue of foreign funding is a major one in the Egyptian context as demonstrated by the case of two Egyptian woman human rights defenders in the ‘NGO foreign-funding case” (as ISHR reminds us on 29 March 2018): harassed and targeted Egyptian woman defenders Azza Soliman and Mozn Hassan [https://humanrightsdefenders.blog/2017/02/02/right-livelihood-has-to-go-to-egypt-to-hand-mozn-hassan-her-2016-award/] face life imprisonment if their cases are brought to trial simply for conducting legitimate human rights work.
recently published its report on ‘Lessons Learnt: Human Rights Defenders Working in States in Transition.’ A State’s transition towards democracy will invariably present particular challenges for human rights and their defenders. But it will also present opportunities. ISHR seeks to ensure that defenders have the tools that will enable the development of national laws and mechanisms that are compatible with, and give effect to, international human rights obligations. ISHR hopes that this report will be used by defenders to reflect on the strategies, successes and shortcomings of other campaigns and programmes in order to appreciate the impact they’ve had in various African States.
In the month of the International Women’s Day and in the year of the 20th Anniversary of the Declaration on Human Rights Defenders, this event will highlight the experience of women human rights defenders and the implementation of the Declaration.
It will also share findings and recommendations related to a recent joint researchon implementation carried out by the Colombian Commission of Jurists, the Tunisian League for Human Rights and ISHR.
Confirmed panellists include:
Ana Maria Rodriguez – Colombian Commission of Jurists
Djingarey Maiga – Femmes et Droits Humains Mali
Other panellists and co-sponsors will be announced soon.
20 March, 16h00 – 17h30 Room XXII, Palais des Nations, Geneva.
Clément Voulé, ISHR’s African advocacy director and Adelaide Etong, ISHR’s Africa advocacy consultant
Clément Voulé and Adelaide Etong (pictured above) introduce the new format of the Kumulikapublication. To allow for a better understanding and overview of the developments at the African Commission on Human and Peoples’ Rights (the African Commission) during an entire year, the publication will now be issued once a year.
Through this yearly publication, ISHR will take a new approach to providing analysis and up to date news on what is happening, the developments and the outcomes of the sessions and the NGO Forum.
Last year the African Commission celebrated its thirty years of existence. The last session of the year was an opportunity to think back and reflect on how its work grew over the years and the challenges it faced while implementing its mandate to promote and protect human rights in Africa. It also allowed the Commission to acknowledge the importance of the work done by civil society organisations in support to the implementation of its mandate. These past thirty years NGOs have provided invaluable information on country situations and advocated tirelessly for the establishment of several special procedures of the Commission.
“The use of the judiciary in Bahrain to target human rights defenders and other activists” is a side eventorganised by CIVICUS and FIDH in co-operation with Americans for Human Rights & Democracy in Bahrain (ADHRB), the Gulf Centre for Human Rights (GCHR) and co-sponsored by ISHR.
It will take place on 13 March 2018 at 11:00 to 12:30 at Room XXIV. The event will address the politicisation of the judiciary to criminalise human rights defenders.
On 21 February human rights defender Nabeel Rajab, BCHR President and FIDH Deputy Secretary General, was sentenced to 5 years in prison under trumped-up charges in relation to tweets denouncing the torture against detainees at Jaw prison and exposing the killing of civilians in Yemen by the Saudi-led coalition. “This surrealistic verdict”, writes IFEX, “after a trial that was by itself a mockery of justice, illustrates once again the current crackdown on any dissenting voice in Bahrain, where scores of critics are currently jailed’.
Also the Observatory (FIDH-OMCT) and BCHR reiterate their call to the Bahraini authorities to immediately release him, as well as all detained human rights defenders.
Perhaps the most damning information comes from the Bahraini Government itself (8 March 2018) when it responded to the statement of the UN High Commissioner for Human Rights which had been ‘negative’ in his written review on the annual report on Bahrain. Dr. Yusuf Abdulkarim Bucheeri, Permanent Representative to the United Nations Office in Geneva, said in a statement that the review contained inaccurate information such as harassment of human rights defenders and other deleterious comments on the recent legal actions taken by Bahrain. ..They deliberately and unfairly side with malicious elements who have suspicious political agendas and sectarian tendencies and who want to inflict harm on the Kingdom of Bahrain and demean its achievements in the field of human rights, he said. “This is crystal clear from their support for the discourse of hatred and internal violence groups and for this reason, the Kingdom of Bahrain totally rejects the content of this statement with all the wrong and unacceptable descriptions it has given to the state.” Bucheeri said that Bahrain’s constitution stipulates the right to freedom of opinion and expression in an unquestionable manner and in a way that guarantees everyone’s right to express their opinion and disseminate it by word, writing or otherwise, but within the legal framework and without inciting division or sectarianism or undermining national security. …… He called on the Office of the High Commissioner for Human Rights to make concerted effort to understand the reality of human rights and the great challenges facing the Kingdom of Bahrain which faces terrorist acts aimed to destabilize its security and stability. The kingdom, he explained, confronts a phenomenon of violent extremism and it is the duty of the Office of the High Commissioner to do its best to double check the credibility of the information it obtained and to seek such information only from neutral, objective and non-politicized sources…
It all sounds so nice: “universality,” “constructive dialogue,” “win-win cooperation.” China’s unexpected resolution on “Promoting the International Human Rights Cause through Win-Win Cooperation,” being presented this week at the United Nations Human Rights Council in Geneva, is chock full of such phrases. China’s government wants the world to believe it is a model citizen when it comes to human rights, but its draft resolution actually betrays the opposite intent, says John Fisher,Geneva Advocacy Director of Human Rights Watch on 5 March 2018.
Focusing only on intergovernmental dialogue and cooperation, rather than actual human rights violations or accountability for those, is obviously a “win” for China, but it’s not clear who the other winner is. Writes John Fisher. Certainly not victims. A true example of “win-win” might be releasing those wrongly detained, respecting the right of ethnic Uyghurs and Tibetans. Releasing Tibetan language rights advocate Tashi Wangchuk and Uyghur economist Ilham Tohti would be a true double-win.
…..China’s draft resolution fails to even acknowledge the Human Rights Council’s mandate to “address situations of violations of human rights, including gross and systematic violations,” and does not spell out any consequences when countries refuse to cooperate. As written, China’s resolution is a win only for itself, and, if adopted, a serious loss for any country serious about human rights inside China and around the world.
The UN High Commissioner for Human Rights stated on Wednesday 7 March that China’s actions on human rights did not match its words and the level of respect for basic liberties remained low in the country. Zeid Ra’ad Al Hussein did so in his annual report on human rights in the world to the UN Human Rights Council, “President Xi Jinping has called for ‘people-centred development for win-win outcomes as part of a community of shared future for mankind’, a commendable ambition. Sadly, China’s global ambitions on human rights are seemingly not mirrored by its record at home,” he said.
“My office continues to receive urgent appeals regarding arbitrary detentions, enforced disappearances, ill-treatment and discrimination, emanating from human rights defenders, lawyers, legislators, booksellers, and members of communities such as Tibetans and Uyghurs,” he added. Hussein said many of the cases involved people fighting against economic, social and cultural injustices such as corruption, illegal seizure of land and forced evictions or destruction of cultural sites.
Before the start of the current session of the UN Human Rights Council twenty NGOs had called on all member states to hold China accountable at the UN Human Rights Council, appears from a piece by the ISHR on 26 February 2018
In a private letter sent to select UN Member States, the NGOs called for clear and concrete actions to denounce China’s current rollback in respect for human rights at the UN Human Rights Council.
The organisations highlight five cases of human rights defenders that would benefit from further pressure being brought to bear on the Chinese government. They include:
Liu Xia, a poet kept under house arrest after the death of her husband, Nobel laureate Liu Xiaobo, in July 2017
Wang Quanzhang, a rights lawyer held incommunicado since 9 July 2015
Gui Minhai, a Swedish citizen arbitrarily detained in China since he vanished from Thailand in October 2015
….This year is particularly important, as human rights defenders inside and outside China prepare for the country’s next Universal Periodic Review, scheduled for November 2018. The letter to governments concludes: ‘For human rights defenders to have the courage to engage in this important process, with all the risks that it entails, it’s critical that they know that they are not alone’.
(Amnesty International, China Labour Bulletin, Christian Solidarity Worldwide, CIVICUS – World Alliance for Citizen Participation, Human Rights in China, Human Rights Watch, the International Campaign for Tibet, the International Commission of Jurists, the International Federation of Human Rights Leagues, the International Service for Human Rights, Lawyers for Lawyers, Lawyers’ Rights Watch Canada, PEN America, Swedish PEN, the Tibet Advocacy Coalition (comprised of the International Tibet Network Secretariat, Students for a Free Tibet, Tibet Initiative Deutschland, Tibet Justice Center, and Tibetan Youth Association in Europe), and the World Uyghur Congress.)
published on 24 November 2017 this video interview Sonia Acabal from Guatemala about the situation in her country, the women’s network Rednovi and what it means to be a women’s rights defender.
The ISHRon 28 February 2018 made the following statement which seem obvious to the readers of this blog but it cannot be stressed enough: Human rights defenders risk their freedom and sometimes their lives to advocate for the rights of fellow human beings. On the occasion of the Human Rights Council’s High-Level panel commemorating the 70th anniversary of the Universal Declaration on Human Rights (UDHR) and the 25th anniversary of the Vienna Declaration and Programme of Action, ISHR stressed that the realisation of the UDHR depends on the work of human rights defenders and that States who restrict the work of defenders are in turn violating their obligations under the UDHR.
2018 is not only the 70th anniversary of the Universal Declaration of Human Rights (UDHR) and the 25th anniversary of the Vienna Declaration and Programme of Action (VDPA), it also marks the 20th anniversary of the Declaration on human rights defenders which was adopted by consensus by the General Assembly in 1998.
The rights enshrined in the UDHR cannot be guaranteed without a safe and enabling environment for the people exercising and fighting to defend those rights. States who commit to guarantee the UDHR cannot restrict the work of defenders, nor fail to act upon their obligation to protect them.
20 years after the adoption of the Declaration, human rights defenders have perhaps never been more under threat. They are subjected to judicial harassment, arbitrary arrest and detention, torture, enforced disappearance, physical violence and even murder.
Defenders are also attacked when they bring their voices to the international community. Last year, a report by the Secretary-General found evidence of a strategy on the part of some States to prevent the activities of individuals cooperating with the UN. The report also highlights that the incidence of reprisals is becoming broader and that the means used are increasingly blunt…
“The realisation of the UDHR depends on the work of defenders, who risk their lives and their freedom to advocate for the rights of others,” said Salma El Hosseiny, ISHR’s Human Rights Council Advocate. “It is alarming that States are increasingly shrinking civil society space on one hand, and professing their commitment to guarantee the UDHR on the other hand“. These unprecedented attacks against civil society and defenders amount to violations of the same rights to which they are advocating for.
States must translate their commitment to the UDHR by taking immediate and effective measures to ensure that defenders are able to carry out their legitimate human rights activities without any hindrance, to ensure accountability for all perpetrators, and access to remedies for victims.
The Human Rights Council plays an important role in contributing to the realisation of the UDHR on the ground. Accordingly, any proposals to strengthen or enhance the efficiency of the Council should be measured through the lens of increasing its impact, rather than the relatively insignificant time or money it may save. Finally, it is imperative that any legitimate process to strengthen the Council include the meaningful participation of civil society in all stages.
On 13 February 2018 fourteen international and regional rights organizations stated that the Egyptian government has trampled over even the minimum requirements for free and fair presidential elections (planned 26-28 March). The government of President Abdel Fattah al-Sisi has relentlessly stifled basic freedoms and arrested potential candidates and rounded up their supporters. “Egypt’s allies should speak out publicly now to denounce these farcical elections, rather than continue with largely unquestioning support for a government presiding over the country’s worst human rights crisis in decades,” the groups said.
The authorities have successively eliminated key challengers who announced their intention to run for president….The current atmosphere of retaliation against dissenting voices and the increasing crackdown against human rights defenders and independent rights organizations have made effective monitoring of the elections extremely difficult for domestic and foreign organizations. Media reports have said that the number of organizations that were granted permission to monitor the elections was 44 percent fewer than in the last presidential election in 2014 and that the number of requests, in general, has gone down. Several opposition parties called for boycotting the elections. A day later al-Sisi threatened to use force, including the army, against those who undermine “Egypt’s stability and security.” On February 6, the Prosecutor-General’s Office ordered an investigation against 13 of the leading opposition figures who called for a boycott, accusing them of calling for “overthrowing the ruling regime.” “Seven years after Egypt’s 2011 uprising, the government has made a mockery of the basic rights for which protesters fought,” the groups said. “Egypt’s government claims to be in a ‘democratic transition’ but move further away with every election.”
So, the two side events that are coming up are extremely valuable as the national space for dissent is nihil:
The Situation of Human Rights and Upcoming Elections in Egypt: Facilitating Radicalisation is an event organised by the Cairo Institute for Human Rights Studies (CIHRS) and co-sponsored by ISHR, that will take place on 9 March at 13:30 to 15:00 in Room XXIII. The event will address the deterioration of the human rights situation in Egypt and the dangers of the international community’s failure to respond.
Human rights violations in Egypt and in the Gulf States is an event organised by FIDH, CIVICUS, the Gulf Center for Human Rights. It will take place on 15 March 2018 at 15:00 till 16:00 in Room XXIII. The event will focus on the interlinked plight of human rights defenders in Egypt and the Gulf States as both are facing ongoing targeting by their own governments as well as explore measures for coordination and advocacy at the international level.
In the same context there is the press release of Friday 2 February 2018 in which a number of organisations, under the umbrella Committee for Justice (CFJ), condemned Tuesday’s execution of Egyptian Tayseer Odeh Suleiman after he was convicted in Ismalia’s military court in what they said was a flawed trial inconsistent with international legal and human rights standards. Suleiman, 25, was hanged after the Supreme Military Court of Appeals rejected the defence put foward by his lawyer without explaining the reasons behind the rejection….CFJ confirmed that there had been an unprecedented increase in the implementation of death sentences in Egypt, based on illegal proceedings, with 26 people executed between the end of December last year and the present. CFJ further asserted that the reason for the death penalties “under the guise of combating terrorism” were misleading and in violation of basic standards of a fair trial indicating significant flaws in Egypt’s judicial process.
On only a few days ago (2 March 2018), responding to reports from his family and colleagues that Ezzat Ghonim – a prominent Egyptian human rights lawyer and director of the NGO, Egyptian Coordination for Rights and Freedoms – failed to return home from work yesterday, Najia Bounaim, Amnesty International’s North Africa Campaigns Director, said: “Given the highly-charged political climate in Egypt and the clampdown on dissent in the lead-up to the presidential elections, we are deeply concerned that Ezzat Ghonim may have been forcibly disappeared. ”
Hans Thoolen on Human Rights Defenders and their awards 