Phil Lynch, Director of the International Service for Human Rights, wrote an insightful post on URG Insights that is a must. It describes with concrete examples how the current Human Rights Council – and especially its Bureau – is failing to uphold the acquired right of NGOs to speak freely in the UN and – when necessary – mention names of offending countries. It seems like a complete throwback to the early 80’s when in the then Commission on Human Rights NGOs were restricted in mentioning countries by name. This let to untenable and even comical situations where NGOs would describe in detail atrocities and then say that they were talking about a big country in the south of Latin America, only to be asked by the Chair to say which country they had in mind. When the obvious answer came: “Argentina”, the NGO was ruled out of order! That States now feel that the time is right to try again to muzzle NGO criticism became already clear last year with China’s elaborate efforts to silence the ‘one minute silence’ for Cao Shunli [https://thoolen.wordpress.com/2014/03/20/china-in-the-un-human-rights-council-manages-to-silence-cao-shunli-as-well-as-ngos/] and the worryingly broad support it got for its procedural wrangling. Thus it would be crucial that the whole NGO movement and the States that support them take a clear stand. In meantime Lynch’s “Human Rights Council President, Bureau and Member States must respect the role and rights of NGOs” is giving the right background and follows here in toto:
“The right, and indeed the responsibility, of non-governmental organisations (NGOs) to critique governments, expose and pursue accountability for human rights violations, and advocate for changes in law, policy and practice should be uncontroversial and uncontested. This is particularly the case at the UN Human Rights Council, the world’s apex body for human rights debate and dialogue, the mandate of which includes promoting and protecting the right to freedom of expression.
A UN Human Rights Council mandated inquiry is currently investigating alleged violations of international humanitarian law, as well as gross and systematic human rights abuses, committed by the Government of Sri Lanka and the Liberation Tigers of Tamil Eelam, which led to estimated 40,000 civilian deaths in 2009 alone. In a joint letter dated 25 August to the President of the UN Human Rights Council and to the Ambassador of Sri Lanka, a coalition of NGOs outline an alarming trend of intimidation, threats and reprisals in Sri Lanka against people engaging with UN human rights mechanisms, including the Commission of Inquiry.
This pattern has been brought many times to the attention of the UN Human Rights Council by civil society, human rights experts and States, and even by the UN Secretary-General and High Commissioner. ‘The Government of Sri Lanka has the primary responsibility for protecting people from threats, intimidation and reprisal, and must condemn all such acts immediately and unequivocally as well as take all necessary lawful steps to affirm and uphold the right of all persons to free communication with the UN, safe from hindrance or insecurity’ said ISHR Director Phil Lynch. See also on reprisals: https://thoolen.wordpress.com/tag/reprisals/
Still on 13 September 2014, human rights defenders Mr Namal Rajapakshe and Mr Manjula Pathiraja in Sri Lanka were threatened with death in connection to their work as defence lawyers, reported Front Line on 15 September. Namal Rajapakshe and Manjula Pathiraja are leading human rights lawyers who have frequently appeared (often pro bono) in public interest litigation representing victims of human rights violations across Sri Lanka.
[On 13 September 2014, two unidentified men wearing jackets and helmets covering their faces entered the office of Namal Rajapakshe and threatened that he and Manjula Pathiraja would be killed should they appear in any more “unnecessary cases”. This is not the first time that Namal Rajapakshe and Manjula Pathiraja have been targeted. On 4 August 2014, the human rights defenders were intimidated, along with another lawyer, while they were making representations on behalf of their clients. They were harassed by a group of thugs inside the Maradana Police station – in front of the local Inspector.]
“Protecting civil society space and preventing reprisals: National and international developments and next steps” is side event that will be held on Friday, 19 September 2014 from 9.15 to 10.45 am in the Palais des Nations, Geneva, Room XXIV.
Opening remarks Olivier de Frouville, member of the UN Working Group on Enforced and Involuntary Disappearances and member-elect of the UN Human Rights Committee
Panelists:
Reine Alapini-Gansou, Special Rapporteur on Human Rights Defenders, African Commission on Human and Peoples Rights
Stephania Kulaeva, Director, Anti-Discrimination Centre Memorial, Russia
Patricia OBrien, Ambassador of Ireland to the UN
Eleanor Openshaw, Reprisals Advocacy Manager, International Service for Human Rights
Mothusi Bruce Rabasha Palai, Ambassador of Botswana to the UN TBC
Moderator: Michael Ineichen, Human Rights Council Advocacy Director, ISHR
The event will be webcast at www.ishr.ch/webcast. You can also follow the event on Twitter @ISHRGlobal, using the hashtag #ProtectCSS.
If you would like to attend but do not have UN accreditation, please email information[at]ishr.ch before 12 noon on 16 September.
Another interesting side event to take place in Geneva in the margins of the UN Human Rights Council is on the topic of The universality of human rights on Wednesday 10 September from 16h30 to 18h00, Palais des Nations, Room XXIV.
It is organised by ISHR, ARC International, Article 19 and the Association for Progressive Communications. The objective of the event is to ensure that the universality of human rights is not undermined at the national level and through initiatives at the UN Human Rights Council. Speakers:
Nadine Moawad – Association for Progressive Communications
Fulata Moyo – World Council of Churches
Sunita Kujur – Creating Resources for Empowerment in Action CREA
Andrew Smith – Article 19 moderator
For more information: Pooja Patel at: p.patel[at]ishr.ch
During the current session of the Human Rights Council there will again many side events in Geneva. I will refer to some of them not only in the hope that you may able to attend, but also to illustrate the concerns of the NGO movement:
On Tuesday 9 September from 12.00 to 13.30 (Palais des Nations, Room XXI) there will be a side-event organised jointly by Amnesty International, CIVICUS, Human Rights Watch, FIDH, ISHR and the International Bar Association. Speakers are:
Kenneth Roth, Executive Director, Human Rights Watch
Souhayr Belhassen, Honourary President, International Federation for Human Rights FIDH
Philip Luther, Middle East and North Africa Program, Amnesty International
Phillip Tahmindjis, Director, International Bar Association Human Rights Institute
In this new video produced by ISHR and True Heroes Films [THF] you hear about 4 cases (from Russia, China, Sri Lanka and DRC) of reprisals against human rights defenders who have bravely engaged at the UN. It would seem that the political costs of silencing and intimidating HRDs is not high enough for certain States to desist from this terrible practice. [for more posts on reprisals: https://thoolen.wordpress.com/tag/reprisals/]
My reference last week to an interview with the new Special Rapporteur on Human Rights Defenders [https://thoolen.wordpress.com/2014/08/05/michel-forst-new-special-rapporteur-on-human-rights-defenders-gives-indication-of-his-priorities/] seemed well appreciated judging from the number of views. Therefore I now refer you to a piece by the Director of the ISHR, Phil Lynch, of 16 July, who addresses the incoming UN High Commissioner for Human Rights, Zeid Ra’ad Zeid al-Hussein as the “human rights defender-in-chief“, saying that he has a particular responsibility to protect human rights defenders, especially so when they face intimidation and reprisals for their efforts to seek accountability at the UN for human rights violations. Read the rest of this entry »
My reference last week to an interview with the new Special Rapporteur on Human Rights Defenders [https://thoolen.wordpress.com/2014/08/05/michel-forst-new-special-rapporteur-on-human-rights-defenders-gives-indication-of-his-priorities/] seemed well appreciated judging from the number of views. Therefore I now refer you to a piece by the Director of the ISHR, Phil Lynch, of 16 July, who addresses the incoming UN High Commissioner for Human Rights, Zeid Ra’ad Zeid al-Hussein as the “human rights defender-in-chief“, saying that he has a particular responsibility to protect human rights defenders, especially so when they face intimidation and reprisals for their efforts to seek accountability at the UN for human rights violations. Read the rest of this entry »
After a long holiday break there is probably no better way to start again covering developments relevant to human rights defenders than by referring to the views of the new Special Rapporteur on Human Rights Defenders, Michel Forst, who shared his vision with the International Service on Human Rights on 16 July 2014. Michel Forst – appointed in June 2014 – is an experienced human rights lawyer. He was Secretary-General of France’s national human rights commission, and was a Board member of several international human rights NGOs. In an interview with ISHR, he sets out his vision and priorities in the post of Special Rapporteur on HRDs. Read the rest of this entry »
have successfully co-hosted for the third time an event where candidate countries for the UN Human Rights Council have voluntarily shown up to set out their views and commitments in case they would be elected. ‘We are delighted to see more and more States prepared to participate in what is becoming an annual event, said Eleanor Openshaw of the ISHR. We would encourage all State candidates to see this as an opportunity to speak about their vision and commitments as members of the Council and, through their participation, to demonstrate the kind of transparency and accountability that should be expected of all Council members. Ahead of elections to the UN Human Rights Council in November by the GA, seven candidate States have subjected themselves to public questioning, at the event hosted at UN Headquarters by the 2 NGOs and the missions of Tunisia and Uruguay.
Albania, Bolivia, Botswana, Costa Rica, Latvia, The Netherlands and Portugal elaborated on their pledges and were questioned on how they would work as members of the Council to challenge human rights violations and uphold the credibility of the Council. It is a pity that the other 10 candidates did not (yet) have the courage to join.
The protection of human rights defenders featured prominently in the discussion, with the Netherlands Human Rights Ambassador, Lionel Veer, describing human rights defenders as agents of change and calling for stronger recognition and protection of their work under both national and international law. Building on this, all speakers affirmed their State’s commitment to the protection of defenders, with Albania and Bolivia committing to support and strengthen civil society engagement with the UN and Costa Rica pledging to support the right of peaceful protest. Botswana was explicit about its commitment to prevent and ensure accountability for reprisals and to work for the endorsement of Human Rights Council Resolution 24/24, adoption of which by the General Assembly would provide for the appointment of a high-level UN focal point to combat reprisals. We welcome the statements and commitments made by States to protect the work of human rights defenders and support robust civil society engagement with the UN, said Ms Openshaw. This is a recognition of the crucial role played by defenders in holding States to account for their human rights obligations at both the national and international levels.
Hans Thoolen on Human Rights Defenders and their awards 