(Cao Shunli, the Chinese activist who died in custody (c) Photograph: Reuters)
For those with an interest in how the UN Council deals with criticism – in this case of China – should follow the debate on the UN webcast (or see the video on demand later) [http://webtv.un.org/live-now/watch/25th-regular-session-of-the-human-rights-council/2178978642001/#]. What happened in short is that during the debate on the adoption of China’s UPR report on 20 March, the International Service of Human Rights (ISHR) called for a few moments of silence to remember Cao Shunli, the human rights defender who recently died in detention (see references below). China then invoked a point of order saying that speakers should make general statements and that did not include asking for silence. During a long procedural debate many views were expressed – mostly supportive of China – but some others clearly stating that freedom of speech included the right not to speak. The interpretation of the rules of procedure then seemed to lead to the conclusion that the UPR (Universal Periodic Review) should not be ‘politicized”….and that from the eminently political entities called Governments! Sensing that a majority would support it, China insisted on a ruling by the Chairman that this kind of intervention needs to be ruled out for the future. The big majority of States, fearing a ‘precedent-setting’, rejected even the compromise proposal by the Chair to discuss the issue further in the Bureau (at a later time) with a vote of 20 against 13 (and 12 abstentions). The World Organisation Against Torture (OMCT), the second NGO to get the floor, then continued the request for a minute of silence for Cao Shunli. This was of course again interrupted. So, the Council ended up supporting China’s tough stance, in spite of several other NGOs and a few countries coming out with strong support for the moment of silence.
When the FIDH then let one its member organisations (including the Campaign Against Tibet) speak on its behalf, the Chinese delegation (perhaps emboldened by its earlier success) decided to interrupt again asking that the FIDH only identifies itself and not its members. This led to another procedural debate on whether NGOs with consultative status are allowed to mention other NGOs that have no such status (a standing practice I should add, which was established far back in the 80s when Argentina tried – in vain – to stop the ICJ from letting an Argentinian lawyer, Emilio Mignone, to speak about the disappearance of his own daughter).
Perhaps there will be further debate on these procedural aspects, but it is unlikely that the UPR comes out of this as a serious innovation in dealing with human rights violations.
Today, 14 March, Amnesty International brought out a statement severely criticizing China‘s treatment of human rights defenders in need of medical care. Cao Shunli, 52, died from organ failure on Friday at a hospital in Beijing, after five months in detention. Repeated requests by Cao’s family for her to receive medical treatment for serious health problems were denied.[ https://thoolen.wordpress.com/2014/02/25/serious-concern-for-health-of-detained-human-rights-defender-cao-shunli/]
“Cao Shunli’s death exposes just how callous and calculating the Chinese authorities are prepared to be to silence critics. The authorities today have blood on their hands.” said Anu Kultalahti, China Researcher at Amnesty International. “Cao Shunli was a courageous woman who paid the ultimate price for the fight for human rights in China. She should have never been detained in the first place; but to then deny her the medical treatment she desperately needed is a most barbaric act.”
Cao had led attempts to allow activists to contribute to China’s national human rights report, ahead of a UPR review at the UN Human Rights Council in 2013 and was arrested in September as she attempted to travel to Geneva to attend a human rights training course. Her detention was seen by many as a reprisal for her wanting to contribute to a public discussion on violations in China – the charges against her concerned “picking quarrels and making trouble” . The full Council is expected to hear the result of the UPR session on Wednesday 19 March. It will be interesting to see how the States and in particular China is going to react to this tragic event.
“States that commit or tolerate reprisals against #HRDs for cooperation with #UN should loose their voting rights says@thoolen“ is what Michael Ineichen twitted about my intervention in a meeting in Geneva organized by the ISHR. on 11 March. And that is basically correct. However, a bit more explanation of my rather ‘extremist position’ may be in order:
The topic of reprisals against persons who cooperate (as witnesses) with the UN and its various office holders has been raised by many, including this blog. [see: https://thoolen.wordpress.com/2013/09/20/protecting-human-rights-defenders-from-reprisals-crucial-issue-with-timely-article-and-side-event-on-24-september/ and https://thoolen.wordpress.com/2013/10/14/conclusions-of-side-event-on-reprisals-against-human-rights-defenders/.] When at the very well-attended side event organized by the International Service for Human Rights in the margin of the UN Council of Human Rights, the issue of reprisals came up again, I said that the international community is perhaps a bit too timid in its reaction to the increase in reprisals against Human Rights Defenders who testify to or cooperate with the United Nations. I stated that ‘messing with witnesses’ is considered by judges in almost all legal systems as an extremely grave thing. Or taking another analogy from legal thinking: a crime is considered a ‘qualified crime’ or ‘aggravated crime’ (and punished more severely) when certain circumstances are present, including when there is a dependency link between the victim and the perpetrator (think of murder or rape by the a custodian, a teacher or a doctor).
The resolution establishing the new Human Rights Council – replacing the previous Commission – states that “members elected to the Council shall uphold the highest standards in the promotion and protection of human rights.” And one of the novelties touted was that the General Assembly, via a two-thirds majority, can suspend the rights and privileges of any Council member that it decides has persistently committed gross and systematic violations of human rights during its term of membership.
The chilling effect that reprisals can have – especially when met with impunity – is potentially extremely damaging for the whole UN system of human rights procedures and will undo the slow but steady process of the last decades. Taken together with the above-mentioned seriousness of the aggravating character of reprisals, a powerful coalition of international and regional NGOs could well start public hearings with the purpose of demanding that States that commit reprisal be suspended.
If States can lose their right to vote in the General Assembly if they do not pay their fees for several years, there is in fact nothing shocking in demanding that States, who persecute and intimidate human rights defenders BECAUSE they cooperate with the United Nations, are not allowed to take part in the proceedings of the UN human rights body.
Ilwad Elman – a Somali women human rights defender.
You can find many more cases via the Women Human Rights Defenders International Coalition [http://www.defendingwomen-defendingrights.org/] which brings together women activists and those committed to the advancement of women human rights and those working on gender issues, to advocate for better protection of women human rights defenders.
There seems to be almost unanimous agreement in the human rights movement that in outreach it will have to focus more on the visual aspects. In my end of year post in 2013 (see below) I tried to show to what extent this is already happening but a lot more systematic work is needed. Therefore it is good to be able to announce that True Heroes Films [THF] has concluded a coöperation agreementwith the Geneva-based International Service for Human Rights [ISHR] with the purpose of supporting the visualisation process. As from Monday 10 March 2014 THF will operate a professionally equipped studio in the offices of the ISHR, strategically located close to the UN in Geneva. This will allow THF to provide images-related services, not just to the host but – against preferential fees – to all human rights organisations in the Geneva area. Read the rest of this entry »
Rolando Jiménez Perez,Chilean human rights defender, is given the floor in the newsletter of the International Service for Human Rights [ISHR] of February 2014. Here are some of the most quotable statements but the whole interview with Camille Marquis is worth reading:
‘I wanted to fight for human rights in order to help lesbians, gays, bisexuals and transsexuals and to put an end to any brutality for reasons of sexual orientation and gender identity. During the dictatorship of Augusto Pinochet, Rolando Jiménez Pérez was a member of the Communist Party driven, along with his fellow party workers, by the goal of restoring democracy. His sexuality was used by the party as a means to belittle him. This brought home to Rolando just how strong a role a person’s sexual orientation could play and he made up his mind that once the dictatorship was over he would turn his attention entirely to human rights and in particular towards lesbian, gay, bisexual and transgender (LGBT) people.
(High Commissioner for Human Rights Navi Pillay at the 25th session of the Human Rights Council. UN Photo/Jean-Marc Ferré)
Yesterday, 3 March 2014, the top UN functionaries opened the 25th session of the UN Human Rights Council with calls for the protection of members of civil society who pursue justice in their countries (a long euphemism for Human Rights Defenders).
“Streets, airwaves, entire countries are buzzing with demands for economic, social and political justice,” UN High Commissioner for Human Rights Navi Pillay said. Setting out this agenda and acknowledging the hard work that lay ahead in ensuring that all people enjoyed equal rights, Ms. Pillay emphasized the important role of civil society in those efforts. “We need to work together to ensure that the space, voice and knowledge of civil society is nurtured in all our countries,” she stressed. Recalling reports of what she labelled “intolerable” reprisals against people who coöperate with the UN’s human rights activities, she called for more action to protect them. “The UN itself is required to protect and support those who contribute to its work, often at great personal risk,” she said.
Secretary-GeneralBan Ki-moon added on this point that, “No one should have to risk their life for standing up and speaking out on violations of human rights and international humanitarian law.” Civil society was the representative of “We the Peoples,” as cited in the opening of the UN Charter, and that it must be able to carry out its vital work, “free of reprisals and intimidation.” In that context, the Secretary-General highlighted the “Rights Up Front” action plan that he launched last year to ensure that human rights considerations were the top priority in all UN activities. “This initiative seeks to ensure that the United Nations system leverages the full breadth of its mandates to protect people at risk,” he said. [https://thoolen.wordpress.com/2013/12/26/rights-up-front-presented-by-jan-eliason-it-is-irrefutable-that-serious-human-rights-violations-are-the-best-early-warning-of-atrocities/]
Interesting to note that while in Geneva, the Secretary-General met 4 NGOs: the International Service for Human Rights, Amnesty International, Human Rights Watch and the International Commission of Jurists. Their discussion certainly stressed human rights defenders and the importance of protecting them from attacks.
The Geneva-based International Service for Human Rights organises an important side event during the upcoming UN Human Rights Council. Under the title “Creating a safe and enabling environment for human rights defenders” the event will take place on 11 March 2014, from 12h00 – 14h00 in the Palais des Nations, Geneva (exact room to be determined later). Those who cannot attend in person, can follow the event through a live webcast and ask questions or share comments via Twitter using #HRDs before and during the event. Photos and further details will also be available on Facebook following the event, Read the rest of this entry »
The International Service for Human Rights [ISHR] is seeking an Advocate and Program Manager to join their team of six managers. THIS position will lead the work with women defenders and LGBT rights defenders and coordinate ISHR’s engagement with one or more international mechanisms. Applications close 7 March 2014.
Among qualifications and experience requested figure:
A degree in law, international relations, journalism, politics or social science.
At least 5 years’ professional experience working to influence human rights laws, policies and institutions, preferably with NGOs, intergovernmental organisations or governments.
Experience in designing and implementing successful human rights programs, campaigns and initiatives.
Excellent oral and written communication in English with proficiency in a second UN language, particularly Arabic, French or Spanish, being an advantage.
Capacity to travel overseas, sometimes at short notice.
The successful applicant will be employed on an initial one-year contract with the possibility of ongoing employment.
The most recent report by the UN Rapporteur on Human Rights Defenders, Margaret Sekaggya, has been made public and will be officially presented to the Human Rights Council in March 2014. It is the last report by this Rapporteur whose mandate will terminate. The report finds that human rights defenders – especially journalists, lawyers, trade unionists and those who work to promote women’s rights and the rights of gay, lesbian, bisexual and transgender persons – face ‘extraordinary risks’. It highlights cases of defamation, attacks, detention, torture and even killings. The report also documents an increased incidence of violations against people and communities opposed to mining, construction and development projects, with protesters attacked both by State and private security forces. ‘Human rights defenders play a crucial role in exposing and seeking accountability for violations by both governments and corporations. Their work is crucial to transparency, good governance and justice for victims,’ commented Phil Lynch of the International Service for Human Rights in Geneva.
The report also documents the worsening ‘use of legislation in a number of countries to refrain the activities of human rights defenders and to criminalise them’, with cited examples including laws to ‘curb the promotion of homosexuality’ and to restrict NGO access to foreign funds. ‘In the last four weeks alone, Nigeria, Russia, Uganda, Malaysia and the Ukraine have enacted or applied laws to criminalise human rights defenders and to silence their critical voice,’ Mr Lynch added.
In addition to documenting violations, the report makes a wide range of recommendations to ensure that human rights defenders are protected and can operate in a ‘safe and enabling environment’.
For those too busy to read the whole new UN report [PDF] here are the
Hans Thoolen on Human Rights Defenders and their awards 