Dr Denis Mukwege is a surgeon and the most prominent human rights defender from the Democratic Republic of Congo (DRC). He won several international awards as detailed in earlier posts [https://thoolen.wordpress.com/2014/10/22/congolese-gynecologist-wins-europes-sakharov-prize-in-2014/; https://thoolen.wordpress.com/2013/10/17/human-rights-first-honors-doctor-denis-mukwege-in-washington-on-21-october/]. He was in Geneva on the occasion of the 2016 International Film Festival and Forum on Human Rights for the screening of the documentary film The Man Who Mends Women. The ISHR met with Mukwege on 31 March 2016 and published the following profile with details of his grassroots activities to defend women’s dignity and of the threats he faces due to his work: 
Archive for the 'ISHR' Category
Profile of Denis Mukwege from the Democratic Republic of Congo: an amazingly courageous doctor
April 12, 2016UN experts launch practical advice on how to implement the freedom to demonstrate
March 28, 2016At the latest session of the Human Rights Council, States and NGOs reacted to the new compilation of advise and recommendations on how to protect the right to assembly (‘freedom to demonstrate’). UN human rights experts have launched a major new report on the proper management of assemblies. The compilation of practical recommendation, which seeks to ensure that the management of assemblies and protests comply with international law through which to apply international law, was drafted by the Special Rapporteurs on Freedom of Association and Assembly (Maina Kiai) and on Extrajudicial Executions (Christoph Heyns), after a series of consultations with multiple stakeholders including civil society.
An interactive dialogue with the Rapporteurs followed the report’s presentation, and several States – including Norway, Egypt and Ireland – reiterated the responsibilities of business. Whilst a broad range of States – including Costa Rica, Turkey and Tunisia – acknowledged the report’s importance, others used their interventions to emphasise the responsibilities of protesters. In response to Russia, Botswana and Cuba amongst others, Mr Heyns was clear: ‘Rights come before responsibilities. The report does not challenge that responsibilities are an inherent component of human rights, but one must come before the other.’ Maina Kiai underlined that ‘requiring authorisation for a protest dilutes a right to a mere privilege’.
ISHR’s statement reiterated that free assembly is a vital component of a safe and enabling environment for human rights defence, and highlighted how vague laws such as the Ley de Tumulos in Guatemala, repressive clampdowns on protest such as in Gezi Park in Turkey, and the imprisonment of protesters such as the Bahrain 13 are being used to hamper the work of human rights defenders.
ISHR welcomed the report’s emphasis on the responsibilities of business. ‘We hear increasingly of abuses by private security firms against protesters, as well as strategic lawsuits against public participation brought by companies and the enactment, by States, of laws which specifically target and restrict protests against business operations,’ said ISHR’s Ben Leather. ‘States should take heed of the recommendations made in the report to reverse these trends’.
For other posts on this topic: https://thoolen.wordpress.com/tag/freedom-to-demonstrate/
Source: UN experts launch practical advice on management of protests | ISHR
Resolution on protection of defenders of economic, social and cultural rights adopted by Human Rights Council !!
March 25, 2016
The Norwegian-led resolution was adopted by a vote of 33 Member States of the Human Rights Council to just 6 against. Eight States in the 47-seat Council abstained. Over 150 NGOs from all over the world united to call on Member States of the Council to adopt the resolution and reject a series of 30 hostile amendments proposed by Russia, China, Egypt, Cuba and Pakistan, designed to undermine the protection of defenders and to deny their legitimacy and very existence.
The 6 States that voted ‘No’ on the resolution were not surprisingly Burundi, China, Cuba, Nigeria, Russia and Venezuela. States that abstained were Bolivia, El Salvador, Kenya, Namibia, Qatar, Saudi Arabia, the United Arab Emirates, and Viet Nam. Interesting and positive to note that some of the States that had supported hostile amendments (including Ecuador, Indonesia and India) in the end voted in favour of the resolution.
[The resolution affirms the legitimate and essential role of human rights defenders in promoting, protecting and contributing to the realisation of economic, social and cultural rights – including indigenous rights and the right to development – and condemns restrictions and attacks against them by both States and business enterprises. It also underscores the fact that exercise of the rights to freedom of expression, association, assembly and public participation can be essential to the promotion, protection and realisation of ESC rights, and that restrictions or violations of these democratic rights may lead and amount to violations of the ESC rights for which defenders are advocating.
The resolution also provides invaluable guidance to States and business as to obligations and good practices in the protection of defenders. For States, such obligations and good practices include developing specific human rights defender protection laws and mechanisms, investigating and ensuring accountability for attacks and reprisals against them, and facilitating access to information and participation in policy and decision-making processes. For businesses, the resolution reinforces the obligation to respect and not interfere with the work of defenders, and to consult closely with defenders to identify, avoid, mitigate and remedy human rights risks and violations associated with business activities and development projects.]
‘We particularly recognise the principled leadership of Norway in leading the development of this timely resolution,’ Mr Ineichen of the ISHR said.
‘The systematic but ultimately unsuccessful efforts by a small group of States to undermine the human rights defender resolution paradoxically demonstrate the vital importance and potential impact of this resolution,‘ said ISHR Director Phil Lynch.
UN Rapporteur Michel Forst documents good practices in the protection of human rights defenders
March 7, 2016A major new report by the UN Special Rapporteur on human Rights Defenders, Michel Forst, documents good practices and policies in the protection of defenders and makes concrete recommendations to States, business enterprises, national human rights institutions, donors, civil society organisations and other stakeholders to ensure a safe and enabling environment for defenders’ work (A/HRC/31/55).
Key among these is a recommendation that, in consultation with civil society, States should develop and implement specific national laws and mechanisms to protect defenders and to investigate and ensure accountability for threats and attacks against them. [ISHR’s work to develop a model national law on the recognition and protection of human rights defenders is specifically referenced in this regard.] [see also: https://thoolen.wordpress.com/2014/03/05/two-more-side-events-on-human-rights-defenders-on-10-and-12-march/]
In addition to enacting laws, the Special Rapporteur recommends that States establish and adequately-resourced protection mechanisms, in consultation with civil society.
Through the report, the Special Rapporteur endorses a ‘holistic’ approach to the protection of defenders, engaging the responsibility of a range of actors. Key insights and recommendations included in the report include that:
- States should publicly recognise the vital and legitimate work of human rights defenders, disseminate and raise awareness about the Declaration and actively respect and protect ‘the right to defend rights’.
- National human rights institutions should develop concrete action plans to support and protect defenders and establish focal points to ensure effective implementation and evaluation of such plans.
- Business enterprises have an important and influential role to play in protecting defenders and should be engaged in this regard: ‘The condemnation of violations by members of the business community not only legitimises defenders’ concerns but also builds opposition to bad business practices,’ the report says. ‘In addition, due to their economic and political influence, the support of business leaders can draw in wider support of society.’
- Donors should provide long-term, sustainable, flexible financial support to defenders and their organisations and networks, providing for their ‘holistic protection’.
- The UN itself should strengthen the protection of defenders and prevent violations against them, including through the ‘Rights Up Front’ initiative and the Sustainable Development Goals, and by strengthening its institutional response to cases of reprisals against those who for cooperate with UN human rights mechanisms. The need to prevent and ensure accountability for reprisals is particularly important given the Special Rapporteur’s finding that international and regional human rights mechanisms are increasingly being turned to and relied upon by defenders either to complement and strengthen domestic advocacy efforts, or because democratic institutions and the rule of law are weak or non-existent at the national level. [see also my ‘old’ post: https://thoolen.wordpress.com/2014/03/13/zero-tolerance-for-states-that-take-reprisals-against-hrds-lets-up-the-ante/]
In addition to making concrete recommendations, the Special Rapporteur also articulates 7 key principles for all stakeholders that he considers should inform and underpin all policies and practices namely:
- Principle 1: They should adopt a rights-based approach to protection, empowering defenders to know and claim their rights.
- Principle 2: They should recognise that defenders are diverse and come from different backgrounds, cultures, and belief systems.
- Principle 3: They should recognise the significance of gender in the protection of defenders and apply an intersectionality lens to the assessment of risks and to the design of protection initiatives.
- Principle 4: They should focus on ‘holistic security’ of defenders, including physical security, digital security, and psychosocial wellbeing.
- Principle 5: They should not focus on the rights and security of individual defenders alone, but also include the groups, organisations, communities, and family members who share their risks.
- Principle 6: They should involve defenders in the development, choice, implementation and evaluation of strategies and tactics for their protection. The participation of defenders is key to their security.
- Principle 7: They should be flexible, adaptable, and tailored to the specific needs and circumstances of defenders.
http://www.ohchr.org/Documents/Issues/Defenders/A-HRC-31-55_en.pdf
See more at: http://www.ishr.ch/news/good-practices-protection-human-rights-defenders-major-new-report#sthash.VjHvu4uZ.dpuf
Human Rights Defender profile: Park Lae-goon from South Korea
March 3, 2016On 2 March 2016 the ISHR published a profile of human rights defender Park Lae-goon who promotes freedom of assembly and association while combating against State impunity. With 28 years of experience, he has been detained multiple times for participating in demonstrations demanding justice. Mr Park has become a symbolic figure fighting for victims of State violence in South Korea. In my next post I will devote attention to the new South Korean Act on Human Rights which aims more on North Korea. Read the rest of this entry »
Side event on Protection of human rights defenders in economic, social and cultural rights
March 1, 2016On Monday 7 March 2016, from 13h30-15h00 in Room XVIII, Palais des Nations, Geneva, there will be a side event:Protection needs of human rights defenders working on economic, social and cultural rights: Challenges and good practice. (see my previous post: https://thoolen.wordpress.com/2016/02/29/regional-update-for-asia/)
The current and previous Special Rapporteurs on the situation of human rights defenders have emphasised the specific risks that defenders working on economic, social and cultural rights face. Whether they are activists fighting corruption or promoting transparency, working on land and environment rights, or defending their right to housing, ESC-rights defenders are among the most isolated and stigmatised defenders. This side event hopes to shed light on the risks faced by economic, social and cultural rights defenders, and draw on the report of the Special Rapporteur presented to the 31st session of the Human Rights Council to present good practices in furthering their protection.
panelists:
• Michel Forst, Special Rapporteur on the situation of human rights defenders
• Navi Pillay, former High Commissioner for Human Rights
• Allo Awol, human rights defender from Eritrea
• Arutchelvan Subramaniams, human rights defender from Malaysia
• Pedro Tzicá, human rights defender from Guatemala
Moderator: Ms Catarina de Albuquerque, Executive Chair of Sanitation and Water for All (SWA) and former UN Special Rapporteur on the right to safe drinking water and sanitation.
Interpretation in English and Spanish will be provided. The event will be webcast live at www.ishr.ch/webcasts
Source: Protection needs of human rights defenders working on economic, social and cultural rights | ISHR
Preview of the upcoming session of the UN Human Rights Council
February 25, 2016The UN Human Rights Council will hold its 31st regular session at Palais des Nations in Geneva from 29 February to 24 March 2016 (it also marks the 10th anniversary of the Human Rights Council). The International Service for Human Rights (see link at the bottom of the post) has published an Alert full of details, but I highlight here the elements that concern human rights defenders most directly:
Human rights defenders: The Special Rapporteur on the situation of human rights defenders, Michel Forst, will present his annual report to the Council on 3 March. The report focuses on good practices to promote and protect the rights of human rights defenders. Presentation of the report will be followed by a dialogue. Of significance this session is a substantive resolution that will be presented by Norway on the situation of human rights defenders. The resolution at this session of the Council follows on the heels of the resolution on human rights defenders presented at the General Assembly in November 2015. The General Assembly resolution included a number of new, important and substantive provisions, including on the vital role of advocacy and the work of defenders in contributing to sustainable development and the realisation of economic, social and cultural rights, and the responsibilities of business enterprises with respect to engaging, consulting and protecting defenders. [see also: https://thoolen.wordpress.com/2015/12/18/un-general-assembly-adopts-resolution-on-human-rights-defenders-with-increased-majority/] This latest resolution provides an opportunity to recognise the critically important work of economic, social and cultural rights defenders, and the cross-cutting challenges they face, including restrictions not only on their rights to health, food, housing, social security and work, but also on their rights to freedom of expression, association, assembly and life itself. Economic, social and cultural rights activists have been identified by current and previous Special Rapporteurs on the situation of human rights defenders as among the most isolated and stigmatised defenders. It is integral that the resolution recognises the role of both State and non-State actors in the protection of human rights defenders, and enjoys broad State support for strong language demanding their protection. (On 7 March, ISHR will facilitate a side event on this topic which will be the subject of a separate post) Read the rest of this entry »
Hans Thoolen on Human Rights Defenders and their awards 