Archive for the 'ISHR' Category

Jean-Daniel Vigny hopes to improve NGO participation at the UN

May 4, 2015

Getting ‘consultative status’ with the UN is for many NGOs a nightmare and a subject that does not attract the most attention. Hopefully this opinion piece written by Jean-Daniel Vigny, Swiss human rights expert and member of the Board of the International Service for Human Rights (27 April 2015) will help to change this:

ISHR-logo-colour-high

He makes 5 recommendations in relation to the ECOSOC Committee on NGOs (shortened version):

  1. Ministries of Foreign Affairs positively inclined to civil society and the big international NGOs represented in New York should actively participate in each session of the ECOSOC Committee;
  2. The EU and the rest of WEOG and other friendly States of civil society from the East European Group, GRULAC, the African Group and the Asian Group and national and international NGOs should join the campaign for improved membership and modalities of the NGO Committee;
  3. The status quo of quasi permanent membership to the NGO Committee by some States not favourable to civil society should be broken;
  4. (a rather difficult one) ECOSOC could develop an ‘interpretative guide’ for the Committee on the application of ECOSOC resolution 1996/31 (or get agreement on a paragraph calling for all applications for consultative status to be forwarded to ECOSOC for decision within a 3 years limit, thereby short-circuiting the present practice of repeated deferral of many applications);
  5. Share cases of denial or repeated deferral of consultative status as reprisals with the Special Rapporteur on Freedom of Association and Assembly and to pursue implementation of his recommendations to strengthen NGO participation at the UN and in other multilateral fora. We could also encourage the Special Rapporteur on Human Rights Defenders to study, report and make recommendations as to the reform of the NGO Committee, including in relation to the misapplication of ECOSOC resolution 1996/31.

The full text of the piece entitled “NGO participation at the UN: A roadmap for reform” follows:

Read the rest of this entry »

Bahrain Chamber of Commerce assesses press freedom….

May 4, 2015

The 2015 Press Kowtow award should probably go to the Bahrain Chamber of Commerce and Industry (BCCI) which – as reported by the equally sharp Bahrain News Agency (BNA) on 3 May 2015 – “saluted the national press strides over the past years“. It issued this statement as Bahrain joined other nations in marking the World Press Freedom Day, being held this year under the theme “Let Journalism Thrive! Towards Better Reporting, Gender Equality, and Media Safety in the Digital Age”. It lauded His Royal Highness Prime Minister Prince Khalifa bin Salman Al-Khalifa and His Royal Highness Prince Salman bin Hamad Al-Khalifa, Crown Prince, Deputy Supreme Commander and First Deputy Premier for their support…..

As Brian Dooley of Human Rights First rightly points out today on Twitter (https://twitter.com/dooley_dooley): Bahrain scored 163rd [!!] place in the Index on Censorship survey, Read the rest of this entry »

NGO Forum preceding the April session of African Commission on Human and Peoples’ Rights

April 22, 2015

ISHR-logo-colour-highpublished on 21 April “KUMULIKA – THE AFRICAN COMMISSION MONITOR” which describes the NGO Forum that was held from 17-19 April prior to the 56th ordinary session of the African Commission on Human and Peoples’ Rights (ACHPR). It involved close to 200 civil society participants from the continent. As usual. the NGO Forum followed the practice of holding a series of panel discussions combined with smaller special interest discussion groups, over the course of which recommendations and resolutions were developed to put to the Commission at the upcoming session. You can find more detail in that Newsletter but some key elements are:

Read the rest of this entry »

Human rights lawyer Geoffrey Robertson takes the stage

April 19, 2015
Geoffrey Robertson at home in London.

Geoffrey Robertson at home in London. Photo: Kitty Gale

The Sydney Morning Herald of 17 April 2015 announces a series of public performances “Dreaming Too Loud” by the well-known British-Australian human rights lawyer Geoffrey Robertson. They will take place at Sydney’s City Recital Hall on 2 May, in Perth on 4 May, at Melbourne’s Hamer Hall on 5 May, in Adelaide on 8 May, Brisbane on 12 May and Canberra on 13 May.

A barrister entertaining a theatre audience? Well, the introductory piece (see some extracts below) certainly makes it sound like a very interesting event and I would not mind attending if Australia were just a bit closer! Also the proceeds go to two human rights NGOs including the International Service for Human Rights.

About his own performance: “Dr Johnson’s comment after watching a performing dog walking on its hind legs: it’s not that it’s done well, it’s the fact that it’s done at all“.

It will be an opportunity to explain the importance of human rights and how Australia might better contribute to them. I can reminisce about my own visits to death row and my times with torturers, and bring the latest news from the Ecuadorian Embassy.[Robertson was Assange’s lawyer] But I can also tell tales of Linda Lovelace and Mike Tyson and the Sex Pistols, and others I have defended.  It will not be a night of doom and gloom, so long as I can suppress my tendency to talk about the Australian Constitution.

……

I have played roles in front of large audiences. During the run of Hypotheticals on the ABC, I was a man of many parts – General Bulldoza, Sergeant Doberman, Senator Gladhand, Amanda Autocue, Lester Gallop, Judge Knott, Kerry Murfax. Those names worked to avoid libel writs from the identities on whom they were based. For younger readers, incidentally, Hypotheticals were unrehearsed Socratic dialogues in which sixteen or so luminaries would sit around a horseshoe table and play themselves in imaginary scenarios of my devising. I had John Howard sit on the toilet, wondering whether to rub out the racist graffiti on the cubicle door or complain to the attendant, who was Charlie Perkins. I had George Pell give the kiss of life to a gay man, and Gareth Evans invaded Tasmania. ..

Hypotheticals was meant to challenge the 60 Minutes adage that “if it’s not visual, it’s not a story”. The important decisions in the real world are seldom set against glorious sunsets. They are made by people (usually men) in suits, with notebooks, sitting around a table in a nondescript room, with a few potted plants and a picture of the incumbent President – the momentousness of the decision is generally in an inverse relationship to the splendour of the surroundings in which it is made. Hence the Hypotheticals stage, with its table and notepads, must approximate to the workaday world, where an editor or take-over merchant or torturer selects the next victim. The object of the programme was to show how important decisions are made, in a way never revealed in studio interviews or press conferences.

Dreaming Too Loud will have neither props nor glorious sunsets. My thespian debut will be sandwiched between work assignments – an effort to reclaim the Elgin Marbles, lectures on the Armenian genocide and the defence of the former Prime Minister of Mauritius.

http://www.smh.com.au/entertainment/geoffrey-robertsons-dreaming-too-loud-a-barrister-takes-the-stage-20150414-1mjwtk.html#ixzz3XjvzBkwO

 

Geoffrey Robertson’s Dreaming Too Loud: a barrister takes the stage.

Joseph Bikanda, Coordinator of Pan African Human Rights Defenders Network, has the floor

April 16, 2015

The Newsletter of International Service for Human Rights in Geneva gave on 2 April 2015 the floor to Joseph Bikanda, the Coordinator of the Pan African Human Rights Defenders Network (PAHRDN), a Network made up of 5 sub-regional networks of human right defenders (HRDs), including the East and Horn of Africa, the Central, the West, the Southern and the North African HRDs Networks.

Joseph first became involved in human rights as a university student. A group of students needed a voice to advocate on their behalf. Joseph became that voice. In doing so, Joseph learnt about human rights mechanisms existing at the time. ‘I found myself surrounded by the human rights world and knew that it was the right place for me. Since then I have been working in human rights in various capacities.’

Joseph stated that PAHRDN’s key focus is to strengthen the capacity and provide support to regional networks, civil society organisations and HRDs. ‘You are always stronger working together in a network, and if each element of the network is more capable and works together – you are even stronger’

‘..Regional and international human rights mechanisms support HRDs, but networks such as PAHRDN are essential to create local supporting mechanisms for HRDs’.. Joseph explains that PAHRDN has established local mechanisms to ‘fill the gap as best we can’. These mechanisms include providing emergency support, lawyers, trial observation and practical support for HRDs.

‘One of our key roles is to provide support for HRDs in emergency situations when they are being harassed, targeted or when their lives are in danger. We have also created urgent mechanisms which apply pressure to perpetrators of human rights abuses.’

Joseph commented on the essential role that HRDs played in initiating the development of the law for the protection of HRDs in Côte d’Ivoire. He shared his hope that each African country develops similar laws in the near future and, in particular, that each of those laws is effectively implemented. ‘I hope to see HRDs develop further as key actors combatting corruption and promoting transparency. Involving HRDs in decisions ensures that the views of civil society are raised and considered.’

In his discussion with ISHR, Joseph identified that his primary objectives of attending the March session of the Human Rights Council were to raise awareness of – the horrific situation in Burundi, in particular the persecution of journalists and HRDs; the continued fighting in South Sudan and the abduction of children for combat; and the concerning counter terrorism laws in Cameroon and Ethiopia, which lack differentiation between defenders and terrorists.

You can follow Joseph Bikanda on Twitter at @Bikjo.

Joseph Bikanda: Coordinator of Pan African Human Rights Defenders Network | ISHR.

Joint Inspection Unit on human rights: not so innocent as it sounds

April 7, 2015

In a long but excellent post in Universal Rights of 23 March 2015, Subhas Gujadhur and Marc Limon dissect the issue of the Joint Inspection Unit‘s [JIU] report at the 28th session of the UN Human Rights Council (2 – 27 March) under the title: “The JIU report: what’s all the fuss about?”.

The background in short is that for years a number of countries – not by coincidence those that do not like the sometimes rather forthright pronouncements by the Office of the UN High Commissioner for Human Rights -have tried to get more ‘control’ over its management and resources. They are in fact using the ‘backdoor’ of the UN inspection unit to get there.

This is a very important issue but one that is too much cloaked in UN jargon to make it to mainstream media. In the words of the authors:  “Casual observers of the Human Rights Council may have been forgiven.. for a degree of bafflement at repeated and sometimes quite excitable references to a three letter acronym: JIU.”

So let me quote liberally from the post in question:

The report on the ‘review of management and administration’ of the OHCHR [JIU/REP/2014/7] was produced by the JIU in response to a request by the Human Rights Council in March 2013 (resolution 22/2) and the report’s author, Mr. Gopinathan Achamkulangare, hoped to be able to present is to the Council at is 28th session.

This may all seem innocuous enough. However, resolution 22/2 and the JIU report touch upon fundamental and extremely sensitive questions about the role, prerogatives and independence of OHCHR, and its relationship with the member states of the Council; and are part of a long-running struggle between two groups of states with very different views on what OHCHR is, what it is there to do, and how it’s work should be overseen.

Council resolution 22/2 (adopted by a vote, with developed countries against and developing countries in favour) requested the JIU to ‘undertake a comprehensive follow up review of the management and administration of the Office of the High Commissioner for Human Rights (OHCHR), in particular with regard to its impact on the recruitment policies and composition of the staff.’ This resolution, like many previous ones with the same title, was pushed by Cuba and others in the belief that the staffing policies of the OHCHR favoured individuals from some regions (notably the West) over others.

In Cuba’s view, OHCHR had continuously failed to improve regional balance among its staff and thus, in order to strengthen accountability; it was asked to report and explain itself to the Council.

However, to others – especially Western states – asking the OHCHR to report to the Council on an administrative issue represented a worrying step towards making this supposedly independent entity answerable – and thus under the political oversight of – states sitting in the UN’s apex human rights intergovernmental body.

Similar differences of opinion have arisen, since the Council’s establishment in 2006, with regard to the financial resources of the OHCHR. Cuba and other developing countries have regularly expressed concern about where the Office’s money comes from (the UN’s regular budget or voluntary contributions from certain states), and how it is used and allocated (e.g. to certain field operations, to certain Special Procedures mandates). These concerns led Cuba and others to circulate a resolution in 2011, calling for greater financial transparency – though this was subsequently replaced by a Presidential Statement merely inviting the High Commissioner to provide more information on funding.

Central to the concerns of Cuba and others on both issues is a suspicion that the high proportion of individuals from Western states working at the Office (including at senior levels) together with Western financial support (especially where that support is ‘earmarked’ for certain purposes), gives the West undue influence over the OHCHR.

For its part, Western states, together with a number of states from other regions, suspect that Cuba and other leading countries of the Like Minded Group are intent on undermining the independence of the Office and bringing it under the political control of the Council (and thereby seeking to stop OHCHR criticism of states’ human rights records).

It should also be noted that the main author of the report is Mr. Gopinathan Achamkulangare, a former Ambassador of India to the Human Rights Council, who took position in the debates favoring the prerogatives of the Council over the OHCHR.

The report (more detail in the post itself) makes six recommendations:

  1. The GA should initiate an action-oriented review of the governance arrangements of the OHCHR through an open-ended working group/ad hoc committee […] so as to strengthen the capacity of member states to provide strategic guidance and to direct and monitor the work of OHCHR.
  2. …
  3. …
  4. The High Commissioner should update the existing action plan with specific measures, targets and timetables to broaden the geographical diversity of the professional workforce.
  5. The High Commissioner should develop a comprehensive strategy and related action plan to adapt specific circumstances and requirements of OHCHR’s human resource management strategy and policies.
  6. The Secretary General should, in the context of the Human Rights Up Front initiative, review the mandates of the different UN entities with human rights functions with a view of streamlining their work and mainstreaming human rights across the UN system.

The controversy even led to uncertainty that Mr. Gopinathan Achamkulangare would be allowed to present the report with some states (correctly, based on a legal analysis of relevant UN documents) arguing that discussing the management and administration of OHCHR is not part of the Council’s mandate as per GA resolution 60/251. In the end, the President of the Council and the Bureau announced that, as a courtesy, the JIU inspector would be allowed to present his report, but there would be no interactive debate with states.

By the time of the report’s presentation on 13th March, the Secretary-General had provided his comments on its findings and recommendations.[Note by the Secretary-General, A/70/68/Add.1] as follows:

  • The Secretary-General in effect rejected recommendation 1, arguing that ‘existing governance arrangements strike an appropriate balance between independence and accountability.’ The Secretary-General noted GA resolution 48/141 (1993) creating the post of High Commissioner, which decided that the High Commissioner would be appointed by the Secretary-General (i.e. is part of the secretariat). He also rejected the notion (used to support the view that while the High Commissioner is independent, the OHCHR is not and should operate under the political oversight of the Council) that the High Commissioner and OHCHR ‘have separate mandates and perform separate functions.’
  • …
  • …
  • Regarding recommendation 4, the Secretary-General noted that geographical diversity is a priority for the entire secretariat.
  • The Secretary-General also rejected recommendation 5 which called for the UN secretariat’s human resource management strategy to be ‘adapted to the specific circumstances and requirements of OHCHR’, on the grounds that ‘OHCHR is part of the Secretariat…and its staff members are subject to the same regulations, rules and policies as other departments.’
  • Finally, the Secretary-General welcomed recommendation 6 as a useful opportunity to strengthen the mainstreaming of human rights across the UN system.

There was some debate in which Western states, in line with the analysis of the Secretary-General, rejected key findings and recommendations in the report. For example, Norway noted that ‘existing governance arrangements strike an appropriate balance between independence and accountability,’ and underscored the importance of safeguarding the independence of the High Commissioner.

Countering this view, Pakistan on behalf of Like-Minded Group (LMG) states, expressed support for the JIU conclusions and recommendations, noting that oversight by a relevant intergovernmental body would contribute to ‘enhanced efficiency and effectiveness of the Office activities.’ LMG states therefore called for a clarification ‘of the respective roles of the different intergovernmental bodies with a view to streamlining the governance dynamics of OHCHR’ (i.e. in line with the JIU’s recommendations).

The post by Subhas Gujadhur and Marc Limon provides detailed and interesting background to the issue of imbalance in staffing and funding and rightly states that it “doesn’t take an international lawyer to understand that all these utterances are packed with possible political meanings, some subtle some less so, and have enormous potential implications for the functioning of the UN human rights system”.

——–

In this context, on 23 March a group of leading human rights NGOs (delivered by HRW, and supported by ISHR, Civicus, FIDH, FORUM ASIA, OMCT and EIPR), called in a statement to the Human Rights Council to resist Cuban-led attempts to micromanage and fetter the independence of the UN’s top human rights official.

The statement said that among its contradictory recommendations, the report proposes a mechanism to enable States to ‘direct and monitor’ the work of the High Commissioner and highlighted that creation of High Commissioner for Human Rights was one of the landmark achievements of the Vienna Declaration adopted by all States in 1994. For more than 20 years, successive High Commissioners have provided a strong and independent voice, committed to promoting and protecting human rights around the world, the statement said.

‘Today, that independence is under threat. The draft resolution, inaccurately titled “Composition of staff of the Office of the UN High Commissioner for Human Rights” seeks to affirm and encourage follow-up to the report of the Joint Inspection Unit (JIU), which reviews the “Management and Administration” said John Fisher of HRW delivering the statement.

‘The independence of the High Commissioner for Human Rights and his office is axiomatic to his effectiveness. The High Commissioner must be free to speak without fear and without favour, unconstrained by the political agenda of any State or group of States,’ said ISHR’s Michael Ineichen. ‘This report must not be permitted to be used as a subterfuge to constrain the High Commissioner and his office at a time when both their monitoring and reporting, and their advice and technical assistance, are needed perhaps more than ever before.’

See the full statement here.

 http://www.universal-rights.org/blogs/128-the-jiu-report-what-s-all-the-fuss-about

Human Rights Council: Reject attempts to limit Office of the High Commissioner | ISHR.

What the Human Rights Council did on HRDs in March 2015

April 7, 2015

For those (few, I hope) who do not regularly read the Human Rights Monitor of the ISHR, here is a wrap-up of the 28th session of the Human Rights Council in relation to human rights defenders:ISHR-logo-colour-high

5 Resolutions adopted: Read the rest of this entry »

China OR the UN must ensure independent investigation into death of Cao Shunli !

March 27, 2015

When late Chinese human rights defender Cao Shunli – as Final Nominee of he Martin Ennals Award 2014 – got a standing ovation during the ceremony in October last year, we all said, with the 10 NGOs on the Jury, that we should not forget her. On 19 March 2015 in a statement to the UN Human Rights Council that is exactly what a group of NGOs [International Service for Human Rights and supported by Human Rights Watch, CIHRS, CIVICUS, Conectas, EHARDP, Article 19, HRHF and ALRC] asked for: Ensure independent investigation into death of Cao Shunli.CAO_SHUNLI_PORTRAIT

China must ensure a full, independent and impartial investigation into the death of Chinese human rights defender Cao Shunli, ..If Chinese authorities are unable or unwilling to conduct such an investigation in accordance with international standards, the Human Rights Council as the world’s top human rights body must take appropriate action, the statement said.

‘One year after her tragic death, there has been no adequate investigation or accountability in relation to the death of Chinese defender Cao Shunli,’ said Michael Ineichen, Head of Human Rights Council Advocacy at ISHR. ‘If China is let of the hook for such a blatant case of reprisals against someone wanting to cooperate with UN human rights mechanisms, the Council sends a message to rights abusers that activists can be attacked with impunity.’

The statement highlighted the negative effect of impunity for cases of intimidation and reprisals, as shown by the numerous reported cases of intimidation and reprisals occurring during the 28th session of the Human Rights Council, including against South Sudanese and Bahraini defenders.

The legal and moral obligations of States to protect those who cooperate with the UN are clear, and if a State fails to conduct stop reprisals or to properly investigate allegations, the UN has a responsibility to act, the statement said.

‘We welcome recent advances on the institutional level, such as the treaty body policies that recognise States’ primary duty to ensure accountability in the case of reprisals, and the UN’s own duty of care,’ said Eleanor Openshaw, Head of Reprisals Advocacy at ISHR. ‘However, in the absence of a more systematic approach, such as through a dedicated focal point on reprisals which could coordinate investigation of and follow-up to individual cases, these steps will remain the proverbial drop in the ocean’   The statement is available as a PDF and video.

for more on reprisals in this blog see: https://thoolen.wordpress.com/tag/reprisals/

Broad coalition of NGOs at UN condemns Egypt’s treatment of women human rights defenders

March 23, 2015

During the adoption of the Universal Periodic Review (UPR) report on Egypt in the UN Human Rights Council on 20 March 2015 the Women Human Rights Defenders International Coalition (for the composition see below), made a forceful statement about the terrible situation of women human rights defenders in that country.

“The systematic judicial harassment faced by many women human rights defenders is highlighted through the emblematic case of the seven women defenders2 arrested on 21 June 2014 for protesting peacefully against the Protest and Public Assembly Law (No. 107), who faced arduous hassles including prolonged pre-trial detention. Their sentence was finally reduced to two years of imprisonment and two years of surveillance by the appeals court in December 2014. [The seven are: Ms. Sanaa Seif, Ms. Yara Sallam, Ms. Hanan Mustafa Mohamed, Ms. Salwa Mihriz, Ms. Samar Ibrahim, Ms. Nahid Bebo and Rania El-Sheikh]

Furthermore, we strongly condemn the killing of Shaimaa ElSabbagh during a peaceful protest on 24 January 2015. She was taking part in a gathering to commemorate the fourth anniversary of the 25 January revolution. We call on the Egyptian government to ensure a prompt, independent and effective investigation to identify the perpetrator and hold them to account. In this connection, we are deeply concerned that Azza Soliman from the Centre for Egyptian Women’s Legal Assistance (CEWLA), who was witness to the incident and testified before the Prosecutor’s Office, is now targeted as a suspect and charges have been brought against her under the public assembly law.

Finally, we express our continued dismay over sexual violence against women in online and offline public spaces. Though a national strategy to combat violence against women has been announced, we emphasise the need for it to be comprehensive and holistic with involvement of all relevant ministries and stakeholders, as well as adequate budget allocation. During the UPR, the government highlighted a new amendment to the Penal Code article 306, which addresses sexual harassment. This amendment is far insufficient in its scope as it only considers sexual harassment a crime if the intent of the perpetrator is proven to be related to obtaining sexual benefits…”

The Coalition members:  Amnesty International, Asia Pacific Forum on Women, Law and Development (APWLD), Asian Forum for Human Rights and Development (FORUM-ASIA), Association for Progressive Communications (APC), Association for Women’s Rights in Development (AWID), BAOBAB for Women’s Human Rights, Centre for Reproductive Rights, Centre for Women’s Global Leadership, Coalition of African Lesbians, Front Line Defenders, Human Rights First, Information Monitor (INFORM), International Federation for Human Rights, International Service for Human Rights (ISHR), International Women’s Rights Action Watch Asia-Pacific (IWRAW-AP), Isis International, ISIS Women’s International Cross- Cultural Exchange, Just Associates (JASS), The Latin American and Caribbean Committee for the Defense of Women’s Rights (CLADEM), MADRE, Nazra for Feminist Studies, Peace Brigades International, Rainbow Rights Project Inc, Urgent Action Fund for Women’s Human Rights, Women Living Under Muslim Laws (WLUML), Women’s Global Network for Reproductive Rights, WOmen’s Initiatives for Gender Justice, Women’s Rehabilitation Centre (WOREC), World Organisation against Torture (OMCT).

Report on a panel: Counter-terrorism laws must not criminalise human rights defenders

March 17, 2015

I was in Geneva last week where a number of interesting meetings took place. One of the side events I attended (a picture went out on Twitter), concerned the crucial issue of  “ Human rights defenders and national security”, on 9 March organized by a group of NGOs (International Service for Human Rights, Article 19, the International Federation for Human Rights (FIDH), Human Rights House Foundation, the International Commission of Jurists and the World Organisation Against Torture).ISHR-logo-colour-high

The panel was moderated by ISHR Director Phil Lynch, and had a very knowledgeable speakers such as Michel Forst, Special Rapporteur on Human Rights Defenders; Hina Jilani, Pakistani human rights lawyer and former Special Representative on Human Rights Defenders; Jimena Reyes, Director of the Americas Desk at FIDH; Roselyn Hanzi from Zimbabwe Lawyers for Human Rights; Gerald Staberock, Director of the World Organisation against Torture (OMCT); and Tanele Maseko, human rights defender from Swaziland.
A short report below:
Restrictions on human rights defenders

Phil Lynch opened the discussion by referring to unequivocal examples of restrictions imposed on human rights defenders by the operation of counter-terrorism laws, with examples cited including the recent amendments to the Australian Security Intelligence Organisation Act in Australia which criminalises the disclosure of information about ‘special intelligence operations’, even where such disclosures expose or relate to serious human rights abuses; draft legislation in China which vaguely defines ‘terrorism’ to include ‘thought, speech or behavior’ that is ‘subversive’ or seeks to ‘influence national policy making’, and Law 8/2015, passed recently in Egypt, which allows individuals and associations which ‘infringe public order’ or ‘harm national unity or national security’ to be designated as terrorists. Concern was also expressed that renewed US efforts to combat extremism do not contain adequate human rights safeguards and that the imperative to counter-terrorism is being used as a subterfuge by regimes in allied States – such as Bahrain, China, Egypt and Saudi Arabia – to further restrict and repress civil society.

Panelists built on these examples throughout the discussion, referring to significant limitations on, and prosecution of, human rights defenders under the guise of national security in their regions, including the prosecution of indigenous activists campaigning against major development projects in Chile under the Anti-Terrorist Act; human rights defenders being spied on by intelligence authorities in Cuba which consequently contributed to their murder; human rights defenders in Zimbabwe being charged for allegedly participating in a disruptive demonstration, or under the Official Secrets Act which forbids the release of information, even if that information regards human rights violations; and human rights defenders being imprisoned and labelled terrorists for voicing disagreement with the government in Swaziland. Members of the audience provided further examples, including defenders in South Korea being charged under a law that prohibits support for North Korea.

Legislation protecting the rights of defenders

‘A schizophrenia currently exists in many countries where authorities laud their own human rights mechanisms in the international sphere and then actively criminalise the activities of human rights defenders at home,’ said Hina Jilani. It is essential that along with a national law for the protection of human rights defenders, counter terrorism laws do not impose restrictions on those protections.

‘Counter terrorism laws should be developed in a manner that fights terrorism, while at the same time, respecting the legitimate work of human rights defenders,’ said Gerald Staberock of OMCT.

The panelists also stressed the importance of ensuring the rights of human rights defenders are not constrained under other laws, such as laws prohibiting criticism of the head of state, emir or the army.

Independence of the judiciary and the military

The discussion also highlighted the necessity to ensure the independence of the judiciary. In this regard, Jimene Reyes of FIDH referred to the use of the judicial system in Cuba as an ‘instrument of uncritical oppression’. Members of the audience identified the importance that the judiciary, as well as the executive, must be able to recognise and respect the legitimate activities of human rights defenders.

Similarly the importance of the separation between the State and the military was emphasised. Ms Reyes stressed the risk for human rights defenders if they are ‘considered by the military to be the enemy’.

Importance of civil society participation

While there is a clear trend of governments using counter-terrorism legislation to conflate the legitimate activities of human rights defenders with actions that threaten national security, the panelists were in clear consensus that human rights defenders and a strong and healthy civil society is essential to the stability of the State and good governance.

‘The work of human rights defenders and other civil society actors is crucial to address inequality and to promote good governance, accountability and inclusive development, all of which contribute to national security,’ said Phil Lynch of ISHR. ‘However, to ensure this is possible, it is essential to raise national and international awareness of the pitfalls of counter-terrorism legislation and the importance of civil society participation’.

The event concluded with a reflection of the need to counter the ‘rhetoric of fear’ and firmly establish that ‘the rights to peaceful assembly and of association do not encourage extremism, chaos, or violence but are, in fact, the best antidotes we have against all of these ills’.

Myself and others brought up the need to fight back in the public domain and the media against campaign to delegitimize the work of human rights defenders and show more the positive contribution their legitimate work brings to society.

[The high-level segment of the Council session has called on all States to fully implement Human Rights Council Resolution 22/6, which was led by Norway and adopted by consensus in March 2013. It urges States to ensure that ‘measures to combat terrorism and preserve national security … do not hinder the work and safety’ of human rights defenders.]

National security: Counter-terrorism laws must not criminalise human rights defenders | ISHR.