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Elections to the next UN Human Rights Council: some good and quite some bad news

October 13, 2023

A year after being suspended from the body, Russia will not be returning to the UN Human Rights Council in January, despite its best efforts. Running for one of two seats allocated to countries from Central and Eastern Europe, Russia received only 83 votes, significantly less than competitors Albania (123) and Bulgaria (163).

‘With this vote, States have acted in line with General Assembly resolution 60/251 and stopped Russia’s brazen attempt to undermine the international human rights system,’ said Madeleine Sinclair, co-director of ISHR’s New York office. ‘Russia must answer for a long list of crimes in Ukraine and for its ruthless and longstanding crackdown on civil society and individual liberties at home. We’re relieved voting States agreed that it could not have legitimately held a seat at the UN’s top human rights body,’. [see also: https://humanrightsdefenders.blog/tag/russia/]

In the only other competitive race, between States from Latin American and the Caribbean, the General Assembly re-elected Cuba, one of Russia’s most consistent allies. Cuba ran for one of three seats for Latin America and the Caribbean, facing three competitors and coming in first, with 146 votes, ahead of Brazil (144), the Dominican Republic (137) and Peru (108).

Results for Asia and Africa were as disappointing as they were predictable, with the election of China and Burundi. Both States ran in uncompetitive races, with only as many candidates as seats available, thus all but assured to win. They were elected with 154 (China) and 168 (Burundi), finishing bottom of each of their respective regional slates with noticeably fewer votes than their direct competitors. 

Both countries are objectively and manifestly unsuitable for the Human Rights Council in view of their domestic records, their past actions as Council members, and the very criteria that nominally governs membership of the Council.

ISHR has been campaigning to call on States at the General assembly to vote in accordance with resolution 60/251 and to use their votes to ensure a strong and principled Human Rights Council. ISHR produced a series of individual and regional scorecards examining the records of all 17 candidates running this year.

https://ishr.ch/latest-updates/general-assembly-states-stave-off-cynical-russian-attempt-to-return-to-the-human-rights-council/

For more on scoring, see: https://www.universal-rights.org/2023-elections-to-the-human-rights-council-did-ga-members-vote-according-to-human-rights-criteria/

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Young human rights defenders from China (Uyghur, Tibetan and Hong Kong) trained on the UN’s human rights bodies.

October 6, 2023

ISHR and Freedom House hosted a group of young defenders from the diaspora for a training on UN human rights mechanisms and joint advocacy meetings in Geneva.

Eight activists working on Uyghur, Tibetan and Hong Kong rights across six countries, including Canada, Germany, India, the Netherlands, the United Kingdom and the United States, participated in the United Nations Advocacy Training (UNAT) program to learn and strategise together on ways to hold the Chinese government accountable for its human rights violations at the international level.

Why a training for youth diaspora activists?

Young activists play a critical role in diaspora movements to address and counter the Chinese government’s persecution of peoples from the Uyghur region, Tibet, and Hong Kong. When capacity building and support are available to them, they can meaningfully engage their host governments and international institutions, like the UN, to hold the Chinese government accountable for its ongoing abuses against their communities inside the People’s Republic of China, and acts of transnational repression outside Chinese borders. Unfortunately, youth diaspora activists don’t have many opportunities to convene and collaborate in those international spaces. 

Working together as allies and partners, these groups can help increase the confidence in their efforts and improve impact and sustainability. Opportunities to network, train together, and work on joint advocacy efforts will help individual diaspora groups communicate and coordinate more effectively amongst themselves and with other relevant local and international groups to amplify and sustain pressure on the Chinese government for meaningful human rights change.

Aged between 19 and 28 years old, this was the first time that young activists from these communities came together in Geneva to work on cross-cutting community issues and build solidarity. Participants are engaged in rights advocacy through their work with established groups like the Hong Kong Democracy Council, Free Uyghur Now, and the Uyghur Human Rights Project or have founded impactful youth led organisations in their host countries, such as Students for a Free Tibet, Harvard College Students for Uyghur Solidarity, and Uyghur Youth Initiative. They are working toward better visibility and accountability towards violations outlined in the UN’s Xinjiang report published last August 2022, including the curtailment of free assembly and expression, mass surveillance, forced labour, and cultural and religious persecution.

During the interactive training programme, participants engaged with one another through peer check-in sessions, with human rights experts and advocates through live Q&As, discussions on the Human Rights Council, Special Procedures, Treaty Bodies and the Universal Periodic Review, and considered how to engage in advocacy activities at the UN in order to effect change for their communities.

The in-person training was designed to coincide with the 54th Session of the Human Rights Council so that the participants could attend the United Nations for the first time in their careers. As well as receiving additional advocacy training modules on all the UN human rights mechanisms from a range of experts, participants had the opportunity to build networks in Geneva and around the world, engage in meetings with UN member States and UN staff, and produce a powerful solidarity video statement which summarises their call to action to the UN States members.

All of the participants expressed they were satisfied with the training and  increased their skills and networks to engage in advocacy at the UN. Freedom House and ISHR will continue to support these participants as they develop joint advocacy initiatives and build solidarity among their communities. 

Participants in front of the flags of UN Member States, at UN Office at Geneva

Participants in front of the flags of UN Member States, at UN Office, Geneva

https://ishr.ch/latest-updates/young-uyghur-tibetan-and-hong-konger-defenders-share-their-priorities-with-the-uns-human-rights-bodies-in-geneva/

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UN Secretary-General’s Report 2022/23 on Reprisals : lack of progress

September 29, 2023

On Monday 18 September, over 50 activists, members of civil society organisations and diplomatic partners gathered on Geneva’s Place des Nations, unfurling a giant banner celebrating the right to defend human rights, as enshrined in the foundational UN Declaration on Human Rights Defenders.

The banner and gathering were meant to mark the 25th anniversary of the Declaration, which was adopted by the UN General Assembly in 1998. The document explicitly laid out the rights of human rights defenders and the protection owed to them by governments and businesses, emphasising that everyone has the right to advocate and defend rights and fundamental freedoms.

On 28 September 2023, the UN Secretary-General’s report on reprisals was presented, which covers the period from 1 May 2022 to 30 April 2023. Over 220 individuals and 25 organizations in 40 countries across the world faced threats and retaliation from State and non-State actors for cooperating with the UN on human rights.

Human rights defenders and other civil society actors are increasingly under surveillance and continued to face legal proceedings, travel bans and threats, and be given prison sentences for cooperating with the UN and the UN’s human mechanisms.

“A global context of shrinking civic space is making it increasingly difficult to properly document, report and respond to cases of reprisals, which means that the number is likely much higher,” said Assistant Secretary-General for Human Rights Ilze Brands Kehris in her presentation to the Human Rights Council in Geneva. [see also: https://humanrightsdefenders.blog/2020/11/16/new-assistant-secretary-general-wants-to-improve-civil-society-participation-in-the-general-assembly/]

Among the growing trends noted in the report is the increase in people either choosing not to cooperate with the UN due to concerns for their safety, or only doing so if kept anonymous. 

Victims and witnesses in two-thirds of the States listed in the report requested anonymous reporting of reprisals, compared with one-third in last year’s report.  And most people who reported facing reprisals for their cooperation with the Security Council and its peace operations, as well as with the UN Permanent Forum on Indigenous Issues did so on the condition of anonymity.

A second trend was the increasing surveillance of those who cooperate or attempt to cooperate with the UN, being reported in half of the countries named in the report.  An increase in physical surveillance by State actors was also noted, likely linked to the return to in-person forms of engagement with the UN.

Third, almost forty-five per cent of the in the report continued to apply or enact new laws and regulations concerning civil society, counter-terrorism and national security, which punish, deter or hinder cooperation with the UN and its human rights mechanisms. 
These legislative frameworks represent severe obstacles to long-standing human rights partners of the UN worldwide, and were used to outlaw some of them, raid their offices, and question, threaten or try their staff.

Finally, the specificity and severity of acts of reprisals against women and girls, which constitute half of the victims in this year’s report, was once again identified with concern.

Most of them are human rights defenders and civil society representatives targeted for their cooperation with UN human rights mechanisms and peace operations, but there is also a significant number of judicial officers and lawyers subjected to reprisals for their cooperation with the UN in search of accountability and remedy.

“We have a duty to those who put their trust in us,” said Brands Kehris. “That is why at the UN, we are determined to live up to our collective responsibility to prevent and address intimidation and reprisals against those who cooperate with the organization and its human rights mechanisms.” 

The 40 States referred to in the report are: Algeria, Afghanistan, Andorra, Bahrain, Bangladesh, Belarus, Burundi, Cameroon, China, Colombia, Cuba, Democratic Republic of the Congo, Djibouti, Egypt, France, Guatemala, India, Indonesia, Iran (Islamic Republic of), Iraq, Israel, Saudi Arabia, Libya, Maldives, Mali, Mexico, Myanmar, Nicaragua, Pakistan, the Philippines, Qatar, the Russian Federation, South Sudan, United Republic of Tanzania, United Arab Emirates, Uzbekistan, Viet Nam, Venezuela (Bolivarian Republic of), Yemen, and the State of Palestine.

The full report at A/HRC/54/61

https://ishr.ch/latest-updates/defenders-gather-before-the-un-headquarters-to-call-for-better-protection-of-their-work/

https://genevasolutions.news/human-rights/punished-for-speaking-up-at-the-un

Human Rights Activists Facing Threats in 40 Countries for Cooperating with UN

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Human Rights Defenders at the 54th session of the UN Human Rights Council

September 11, 2023

On 6 September 2023 the ISHR published its formidable overview of key issues at the upcoming, 54th session of the UN Human Rights Council (from 11 September – 13 October). I have extracted from it – as ussual [for 53rd see: https://humanrightsdefenders.blog/2023/06/20/human-rights-defenders-issues-at-the-53rd-session-of-the-un-human-rights-council/], the issues most direclty affecting Human Rights defenders

To stay up-to-date: Follow @ISHRglobal and #HRC54 on Twitter/X, and look out for their Human Rights Council Monitor.

Thematic areas of interest

Reprisals

During the 54th session, Ghana, Fiji, Hungary, Ireland and Uruguay will present a draft resolution on cooperation with the UN. ISHR urges all States to support the adoption of a HRC resolution that strengthens the UN’s responses to reprisals.

On 28 September, the Assistant Secretary General for Human Rights, Ilze Brands Kehris, will present the Secretary General’s annual Reprisals Report to the Council in her capacity as UN senior official on reprisals. States raising cases is an important aspect of seeking accountability and ending impunity for acts of reprisal and intimidation against defenders engaging with the UN. It can also send a powerful message of solidarity to defenders, supporting and sustaining their work in repressive environments.

This year, ISHR launched a campaign regarding five cases. ISHR urges States to raise these cases in their statements:

  • Anexa Alfred Cunningham (Nicaragua), a Miskitu Indigenous leader, woman human rights defender, lawyer and expert on Indigenous peoples rights from Nicaragua, who has been denied entry back into her country since July 2022, when she participated in a session of a group of United Nations experts on the rights of Indigenous Peoples. States should demand that Anexa be permitted to return to her country, community and family and enabled to continue her work safely and without restriction.
  • Vanessa Mendoza (Andorra), a psychologist and the president of Associació Stop Violències, which focuses on gender-based violence, sexual and reproductive rights, and advocates for safe and legal abortion in Andorra. After engaging with CEDAW in 2019, Vanessa was charged with ‘slander with publicity’, ‘slander against the co-princes’ and ‘crimes against the prestige of the institutions’. She has been indicted for the alleged “crimes against the prestige of the institutions” involving a potentially heavy fine (up to 30,000 euros) and a criminal record if convicted. States should demand that the authorities in Andorra unconditionally drop all charges against Vanessa and amend laws which violate the rights to freedom of expression and association.
  • Kadar Abdi Ibrahim (Djibouti) is a human rights defender and journalist from Djibouti. He is also the Secretary-General of the political party Movement for Democracy and Freedom (MoDEL). Days after returning from Geneva, where Kadar carried out advocacy activities ahead of Djibouti’s Universal Periodic Review (UPR), intelligence service agents raided his house and confiscated his passport. He has thus been banned from travel for five years. States should call on the authorities in Djibouti to lift the travel ban and return Kadar’s passport immediately and unconditionally.
  • Hong Kong civil society (Hong Kong): Until 2020, civil society in Hong Kong was vibrant and had engaged consistently and constructively with the UN. This engagement came to a screeching halt after the imposition by Beijing of the National Security Law for Hong Kong (NSL), which entered into force on 1 July 2020. States should urge the Hong Kong authorities to repeal the offensive National Security Law and desist from criminalizing cooperation with the UN and other work to defend human rights.
  • Maryam al-Balushi and Amina al-Abduli (United Arab Emirates), Amina Al-Abdouli used to work as a school teacher. She was advocating for the Arab Spring and the Syrian uprising. She is a mother of five. Maryam Al Balushi was a student at the College of Technology. They were arrested for their human rights work, and held in incommunicado detention, tortured and forced into self-incriminatory confessions. After the UN Special Procedures mandate holders sent a letter to the UAE authorities raising concerns about their torture and ill treatment in detention in 2019, the UAE charged Amina and Maryam with three additional crimes. The UN Working Group on Arbitrary Detention found their detention arbitrary and a clear case of reprisals for communicating with Special Procedures. In April 2021, a court sentenced them to three additional years of prison for “publishing false information that disturbs the public order”. States should demand that authorities in the UAE immediately and unconditionally release Maryam and Amina and provide them with reparations for their arbitrary detention and ill-treatment.

Other thematic debates

At this 54th session, the Council will discuss a range of civil, political, economic, social and cultural rights and issues through dedicated debates with the:

  1. Special Rapporteur on truth, justice, reparation and guarantees of non-recurrence
  2. Special Rapporteur on contemporary forms of slavery, including its causes and consequences
  3. Working Group on Arbitrary Detention
  4. Working Group on Enforced or Involuntary Disappearances
  5. Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and waste
  6. ID on HC oral update on drivers, root causes and human rights impacts of religious hatred constituting incitement to discrimination, hostility or violence

In addition, the Council will hold dedicated debates on the rights of specific groups including with the:

  1. Independent Expert on the enjoyment of all human rights by older persons
  2. Special Rapporteur on the rights of Indigenous Peoples and the Expert Mechanism on the Rights of Indigenous Peoples

Country-specific developments

Afghanistan

The Council will hold an Interactive Dialogue with the Special Rapporteur on Afghanistan on 11 September, and on the OHCHR report on Afghanistan on 12 September, and will consider a resolution on the human rights situation in Afghanistan at this session.

ISHR supports the call of Afghan human rights defenders to the Council to renew the mandate of the Special Rapporteur on the situation of human rights in Afghanistan. We also support the call to establish a parallel independent investigative mechanism in the upcoming September session and to ensure meaningful follow up to the joint report of the Special Rapporteur and the Working Group on discrimination against women and girls, as well as continuation of a dedicated discussion at the Council on the situation of women and girls in Afghanistan. Accountability for widespread human rights violations, including gender apartheid and other crimes against humanity, is imperative to securing sustainable peace and development in the country.

Algeria

We urge States to demand that Algeria, a Council member, end its crackdown on human rights defenders and civil society organisations, amend laws aimed at silencing peaceful dissent and stifling civil society, and immediately and unconditionally release arbitrarily detained human rights defenders and activists, including in the interactive dialogue with the Working Group on arbitrary detention. Since the beginning of the Hirak pro-democracy movement, the Working Group has issued at least 6 decisions of arbitrary detention, highlighting Algerian legislation that is inconsistent with international law, violations of due process and the right to a fair trial, as well as violations to the right to freedom of expression, discrimination based on language, ethnicity and religion. They have also condemned Algeria’s abuse of counter-terrorism legislation. States should call on Algeria to implement the recommendations of the working group.

We also urge States to address the case of reprisals against HRDs Kaddour Chouicha and Jamila Loukil, members of the Algerian League for the Defence of Human Rights (LADDH) before its dissolution by the Algerian authorities. They were prevented from traveling to attend the pre-session organized by UPR-info, a clear case of reprisals against human rights defenders attempting to cooperate with the UPR. Chouicha, Loukil and other HRDs are charged in a criminal case, which includes ‘enrollment in a terrorist or subversive organization active abroad or in Algeria’. They are still awaiting trial as the authorities postponed their court session on 15 June 2023. If convicted of these charges, they face up to twenty years imprisonment.

Bahrain

Civil society organisations, including ISHR, have requested States to urge Bahraini authorities to unconditionally release all those sentenced for their political opinions, including human rights defenders Abdulhadi Al-Khawaja and Abduljalil Al-Singace, and in the meantime, to ensure that they are provided with life-saving medical care to prevent an imminent tragedy. [see also: https://humanrightsdefenders.blog/2023/08/20/500-bahraini-prisoners-on-hunger-strike-over-conditions/]

Burundi

The Council will hold an Interactive Dialogue with the Special Rapporteur on Burundi on 22 September. As serious human rights violations persist in Burundi and the Government has failed to hold per­petrators accountable or take the concerns raised by Burundian and international actors seriously, the Coun­cil should not relax its scrutiny. The Council should extend the Special Rapporteur’s mandate for a further year.

China

31 August marked one year since the release of the groundbreaking OHCHR report finding possible crimes against humanity committed by the Chinese government in Xinjiang. This Council session also marks one year since the failure of the Council, and most of its Council Members, to stand by principle against Beijing’s coercion and promote a dialogue on the human rights of Uyghurs. Since that time, the recommendations of the OHCHR’s report have been echoed by the CERD in its Urgent Action decision on Xinjiang, by the CESCR and CEDAW in their respective Concluding Observations, and by 15 Special Procedures mandates in their seven benchmarks on Xinjiang. Yet, in a surprise visit to the region in August, President Xi Jinping reiterated its hardline policy and called for further efforts to ensure ‘social stability’ and ‘control illegal religious activities’. States should take collective action to urge China to implement key recommendations from the OHCHR Xinjiang report, and from relevant UN Treaty Bodies and Special Procedures, with a focus on root causes of violations that commonly affect Uyghurs, Tibetans, Hong Kongers and mainland Chinese human rights defenders, including the abuse of national security laws and measures.

States should further ask for the prompt release of human rights defenders targeted by the Chinese government’s renewed crackdown on human rights lawyers, including lawyer Lu Siwei at risk of refoulement from Laos, activists Chang Weiping, Ding Jiaxi and Xu Zhiyong, recently convicted to lengthy prison sentences, as well as Yu Wensheng and Xu Yan, detained en route to meet with EU diplomats in Beijing. Ten years after the detention, and subsequent death in custody, of woman human rights defender Cao Shunli on her way to attend China’s UPR in Geneva, the Council must also pierce the veil of impunity for egregious cases of reprisals, and call on China to acknowledge its responsibility, bring perpetrators to justice and provide adequate remedy. [see also: https://humanrightsdefenders.blog/2023/09/05/human-rights-lawyer-gao-zhisheng-and-the-practice-of-enforced-disappearances-joint-letter/]

Egypt

Recent arrests and arbitrary detention of several media figures, dissidents and their family members in Egypt are indicative of the ongoing crackdown on basic freedoms and liberties in the country, and reflect a lack of genuine political will to improve the human rights situation by the Egyptian government. In the last ten years, Egyptian human rights organisations have recorded the enforced disappearance of no less than 3,000 citizens for varying periods of time, death by mistreatment and medical negligence of at least 1,200 people in detention centers, the sexual assault of at least 655 people and their family members, and the extrajudicial killing of more than 750 people. The continued silence on Egypt by States at the Council will only encourage further violations. NGOs continue to urge States to ensure appropriate action on Egypt at the Council though the establishment of a monitoring and reporting mechanisms on the human rights crises in the country. As an immediate step, States should deliver a follow-up joint statement condemning the human rights situation in the country and calling on the Egyptian government to refrain from continuing to carry out wide-spread human rights violations.

Israel/OPT

While Israel rejected all the recommendations on the right of the Palestinian people to self-determination and refugee return made by states during its UPR review, States should reiterate their commitment to putting an end to 75 years of denial of the Palestinian’s people inalienable rights to return and self-determination.

During HRC 53, civil society welcomed the resolution put forward by the OIC to ensure the full implementation of the United Nations database of businesses involved in Israeli’s settlement enterprise in the occupied Palestinian territory. States must ensure that the mandate is implemented in full as it represents a question of credibility to the Council, including by ensuring that the budget adopted in the fifth committee of the General Assembly later this year is in line with the programme budget implications (PBI). 

Russia

The Council will hold an Interactive Dialogue with the Special Rapporteur on the Russian Federation on 21 September. The Council will also be called upon to renew the mandate of the Special Rapporteur (HRC Resolution 51/25). ISHR strongly supports the renewal of the mandate and urges States to oppose Russia’s candidacy to the Human Rights Council.

The human rights situation in Russia continues to deteriorate, while Russia also continues to perpetrate atrocity crimes in Ukraine In recent months, Russia has enacted laws providing immunity against war crimes and crimes against humanity committed in the ‘State’s interests’, intensified its assault against LGBT persons, adopted further measures to repress civil society and silence independent journalists, and continued to arbitrarily imprison human rights defenders. Of further and direct relevance to the Council, Russia adopted a new law on 28 April 2023 which criminalises assistance, cooperation or confidential communications with international bodies, which may include the HRC and its mechanisms. These regressive developments, and the lack of any improvement in the human rights situation in the country, clearly warrant the extension of the mandate of the Special Rapporteur.

With respect to Russia’s candidacy for the Council, ISHR only campaigns against countries based on strict and objective criteria. Russia manifestly fulfils all of these criteria, being a country: (1) responsible for a pattern of reprisals against those who cooperate with the UN; (2) responsible for the repression of civil society (Russia is ranked as ‘closed’ (scoring 17/100 in the Civicus Monitor); and (3) directly responsible for war crimes and crimes against humanity in Ukraine according to the HRC-mandated CoI. On ISHR’s HRC candidate scorecards, Russia scores just 1/20 on objective criteria.

Saudi Arabia

In light of the ongoing diplomatic rehabilitation of crown prince and de facto ruler Mohammed bin Salman, the Saudi authorities’ brazen repression continues to intensify. Some notable recent trends as documented by ALQST include, but are not limited to: the further harsh sentencing against individuals for peaceful social media use, including a death sentence issued against a man for tweets, the prosecution of women such as Manahel al-Otaibi over her choice of clothing and support for women’s rights, the ongoing forcible disappearance of prisoners of conscience including Mohammed al-Qahtani [see: https://www.trueheroesfilms.org/thedigest/laureates/78383825-0b3f-4bca-883a-b81e1baecd09]and Essa al-Nukheifi beyond the expiry of their sentences, and; regressive developments in relation to the death penalty, including a surge in executions (95 individuals were executed in 2023 so far), and several young men at imminent risk of execution for crimes they allegedly committed as minors. Human Rights Watch has documented the brutal massacre of migrants at the Yemen border, in what may amount to further crimes against humanity. ISHR continues to call for States at the Council to adopt a resolution mandating an independent international monitoring and investigative mechanism on massive human rights violations perpetrated in and by Saudi Arabia.

Sudan

On 12 September, the Council will hold Interactive Dialogue on the High Commissioner’s oral update on Sudan.

Sudanese Women Rights Action published a report “laying an overview of the conditions of women’s rights and gender equality in Sudan as an extended crisis started on October 25th, 2021, when the military took over the power in Sudan, ending the transitional period on a bloody note…the report presents verified information about the crises scope, context, and responses from a gender perspective based on the needs on the grounds, the challenges, and the recommended interventions according to local actors and women activists.” ISHR urges the implementation of  the recommendations identified by women activists including to “Pressure both fighting parties to commit to sustainable Ceasefire; Pressure the fighting parties to open humanitarian corridors; Provide urgent funding to the humanitarian aid interventions; Ensure protection and evacuation of women and WHRDs from fighting areas”. Ahead of HRC54, ISHR joined over 110 NGOs in reiterating a call on the Council to establish an independent investigative mechanism on Sudan with a mandate to investigate human rights violations and abuses in Sudan, collect and preserve evidence, and identify those responsible.

Tunisia

We regret that the Council failed to exercise its prevention mandate and address the deteriorating human rights situation in Tunisia during HRC 53, during which the High Commissioner and UN Special Procedures raised alarm at the escalating pattern of human rights violations and the rapidly worsening situation in Tunisia following President Kais Saied’s power grab on 25 July 2021. In the last two years in Tunisia there has been a significant erosion of the rule of law, attacks on the independence of the judiciary, reprisals against independent judges and lawyers and judges associations, a crackdown on peaceful political opposition and abusive use of “counter-terrorism” law in politicised prosecutions, as well as attacks on freedom of expression and threats to freedom of association.

In an open letter against the “Memorandum of Understanding on a Strategic and Comprehensive Partnership between the European Union (EU) and Tunisia” and against the EU’s border externalisation policies, 379 researchers and members of civil society decried the use of vulnerable populations as scapegoats to mask the failures of public policy in Tunisia. While Tunisian authorities were persecuting Black African foreign nationals, including migrants, asylum seekers and refugees – deporting at least 1,200 sub-Saharan nationals to the borders with Libya and Algeria, in inaccessible and militarised desert zones, leaving them abandoned without water and food – the signing of the Memorandum effectively gave Tunisia “a blank check, following a strategy that is all the more irresponsible given its inefficacy”. Unless States tackle “the structural socio-economic causes of so-called irregular migration”, and radically rethink access to mobility, “this security approach to border management will only make crossings more deadly and strengthen smugglers”. Addressing these grave violations cannot be done without also urgently addressing the rule of law crisis in the country.

Venezuela

The UN’s fact-finding mission on Venezuela (FFM) will report to the Council on 25 and 26 September. The Mission will focus on the situation for human rights defenders in the country – an essential focus given the existing and proposed legislation adversely affecting civic space, and the threats and attacks HRDs face. The recent sentencing of 6 union leaders, denounced by UN Special Rapporteurs, is a clear example of the criminalisation of HRDs, as is the continued detention of the HRD Javier Tarazona, since July 2021, and that of many other real or perceived opposition figures. The continuing impunity in regard to the killing of defender Virgilio Trujillo Arana a year ago is an example of how little will exists to prevent attacks against HRDs.

In its first report in 2020, the FFM stated that it had reasonable grounds to believe that crimes against humanity had been carried out in Venezuela, with the principal targets of violations including social activists and political leaders at the forefront of protests. The recommendations made by the FFM at that time have not been implemented. We recall that Venezuela continues to refuse to engage with the FFM or allow it to enter the country.

States must participate in the interactive dialogue with the FFM to highlight the essential role of HRDs; express utmost concern at the ongoing, systematic threats, attacks and restrictions against civic space, and urge the Venezuelan authorities to take immediate steps to implement the recommendations issued by the UN human rights system. States must speak out forcefully in support of the FFM and its work, and encourage other states to do the same. This vital accountability mandate must be supported and its recommendations echoed, so that victims of violations in the country can believe that one day justice will be done.

Other country situations:

The High Commissioner will provide an oral update to the Council on 11 September 2023. The Council will consider updates, reports and is expected to consider resolutions addressing a range of country situations, in some instances involving the renewal of the relevant expert mandates. These include:

  • Interactive Dialogue on the report of the Independent Investigative Mechanism for Myanmar and Interactive Dialogue on the OHCHR report on Myanmar
  • Interactive Dialogue on the report of the High Commissioner on Nicaragua and oral update by the Group of Experts on Nicaragua
  • Interactive Dialogue on the report of the OHCHR on Sri Lanka
  • Interactive Dialogue with the Commission of Human Rights Experts on Ethiopia
  • Interactive Dialogue with the Commission of Inquiry on the Syrian Arab Republic
  • Interactive Dialogue on the interim oral update of the High Commissioner on the situation of human rights in Belarus
  • Interactive Dialogue with the Commission of Inquiry on Ukraine and Interactive Dialogue on the High Commissioner oral update on Ukraine
  • Enhanced Interactive Dialogue on the report of the High Commissioner and experts on the Democratic Republic of Congo
  • Interactive Dialogue on the oral update of OHCHR on technical assistance and capacity-building for South Sudan
  • Interactive Dialogue with the Special Rapporteur on Cambodia and presentation of the Secretary-General’s report
  • Interactive Dialogue with the Independent Expert on Somalia
  • Interactive Dialogue with the Independent Expert on the Central African Republic
  • Interactive Dialogue with the High Commissioner on the interim report on Haiti
  • Presentation of the High Commissioner’s report on cooperation with Georgia
  • Presentation of the High Commissioner’s report on cooperation with Yemen

Council programme, appointments and resolutions

Appointment of mandate holders

The President of the Human Rights Council has proposed candidates for the following mandates:

  1. Special Rapporteur on minority issues
  2. Special Rapporteur on the human rights of migrants
  3. Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism
  4. Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
  5. Working Group on discrimination against women and girls, several members

Resolutions to be presented to the Council’s 54th session

At the organisational meeting on 28 August resolutions were announced (States leading the resolution in brackets):

  1. From rhetoric to reality: a global call for concrete action against racism, racial discrimination, xenophobia and related intolerance (Africa Group)
  2. Technical assistance and capacity-building in the field of human rights in the Democratic Republic of the Congo (Africa Group)
  3. Question of the death penalty (Benin, Belgium, Costa Rica, France, Mexico, Mongolia, Republic of Moldova, Switzerland)
  4. Special Rapporteur on truth, justice, reparation and guarantees of non-recurrence – mandate renewal (Argentina, Morocco, Switzerland)
  5. Human rights and Indigenous Peoples (Guatemala, Mexico)
  6. Special Rapporteur on the situation of human rights in Afghanistan – mandate renewal (EU)   
  7. Special Rapporteur on the situation of human rights in Burundi – mandate renewal (EU)
  8. Working Group on enforced or involuntary disappearances – mandate renewal (Argentina, France, Japan, Morocco)
  9. Implementation of the UN declaration on the rights of peasants and other people working in rural areas (Bolivia)
  10. Technical assistance and capacity-building for Yemen in the field of human rights (Lebanon on behalf of the Arab Group)
  11. Special Rapporteur on Russia – mandate renewal (Luxembourg on behalf of 26 EU countries)
  12. Right to privacy in the digital age (Austria, Brazil, Germany, Liechtenstein, Mexico)
  13. A world of sports free from racism, racial discrimination, xenophobia and related intolerance (Brazil and Africa Group)
  14. Cooperation with the United Nations, its representatives and mechanisms in the field of human rights (Fiji, Ghana, Hungary, Ireland, Uruguay)

The core group on Sudan (Germany, Norway, UK, US) announced that they are considering presenting a resolution on Sudan at this session. The core group on Syria (Germany, France, Italy, Jordan, Netherlands, Qatar, Turkiye, UK, USA) also announced that they are considering presenting a resolution on the human rights situation in Syria.

Read here the three year programme of work of the Council with supplementary information.

Read here ISHR’s recommendations on the key issues that are or should be on the agenda of the UN Human Rights Council in 2023.

https://ishr.ch/latest-updates/hrc54-key-issues-on-agenda-of-september-2023-session/

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The story of Camila Zuluaga, HRD from Colombia

July 26, 2023

Camila Zuluaga is an international advocacy lawyer at the Colombian Commission of Jurists (CCJ). She spoke to ISHR about her hopes for Colombia, which she hopes to make a safer country for human rights defenders. Camila was also one of the participants to ISHR’s flagship training course, the Human Rights Defender Advocacy Programme (HRDAP).

To learn more about her and other defenders like her: https://ishr.ch/defender-stories/huma…

https://ishr.ch/defender-stories/human-rights-defenders-story-camila-zuluaga-from-colombia/

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Results of 53rd session of the UN Human Rights Council as seen by NGOs

July 19, 2023

Over a dozen organisations share reflections on the key outcomes of the 53rd session of the UN Human Rights Council, as well as the missed opportunities to address key issues and situations. A shortened version was delivered at the Council. [see also: https://humanrightsdefenders.blog/2023/06/20/human-rights-defenders-issues-at-the-53rd-session-of-the-un-human-rights-council/]

We welcome the resolution put forward by the OIC to ensure the full implementation of the United Nations database of businesses facilitating Israeli settlements in the Occupied Palestinian Territory as well as the recent publication of the partial update to the database issued by the Office of the High Commissioner for Human Rights on 30 June 2023. The effectiveness and credibility of the HRC and OHCHR has suffered considerably from the chronic under-implementation of the database by this Council. The resolution put forward at the 53rd session represents an important step forward, and it is crucial that future updates are conducted annually, regularly, including both the addition and removal of businesses from the database, as appropriate, to ensure accurate and comprehensive information for all stakeholders involved. We regret that some States failed to vote in favor of the resolution to ensure the full implementation of the database.  We believe this failure constitutes a dangerous example of double standards and urge States who abstained or voted against the resolution to begin to approach this issue in line with international human rights standards and their duties as UN member States. 

We welcome the fact that the resolution on civil society space addressed the limitations to civil society access and participation in decision-making processes, including at the UN, and called on States to “enable and institutionalize meaningful online participation in hybrid meetings” and to establish “a transparent, fair and gender-responsive accreditation processes”. We welcome that the resolution acknowledges the significant role played by civil society in the promotion and protection of human rights, including with regard to monitoring, documenting and raising awareness about human rights violations and abuses, but we regret that the role of civil society in the prevention of human rights violations, as well as the Council’s prevention mandate, was not highlighted. We also welcome that the resolution emphasizes undue restrictions of civic space, including on funding of civil society actors, nonetheless we express concern that it does not address the misuse of restrictive laws in a more comprehensive manner. We appreciate the call upon States to establish or enhance information-gathering and monitoring mechanisms, including by benefiting from data collected by civil society, for the collection, analysis and reporting of data on threats, attacks or violence against civil society, and the request to the High Commissioner to prepare a report identifying challenges and best practices in regularly assessing civic space trends drawing on the views of civil society, amongst others. This may lead, in the longer term, to the development of a collective methodology including indicators and benchmarks that will permit the effective and systematic monitoring of civic space developments on the international level. We also call on States to prevent the deterioration and closure of civic space and provide support to build civil society resilience.

We welcome the focus of the resolution on human rights of migrants on human rights violations in transit. However, the resolution fails to answer the call from over 220 CSOs for the Council to establish an investigative mechanism on deaths, torture and other grave human rights violations at and around international borders. The focus on monitoring in the intersessional panel requested must be used as a stepping stone towards a response from the Council that matches the severity of the situation. The 53rd session opened as yet another horrific incident unfolded with hundreds presumed dead at sea. The normalisation of deaths caused by border management policies and practices, as well as criminal networks, must end. It is unclear what scale of atrocity will prompt this body to act.     

We welcome the adoption of resolutions on child and early forced marriage and on violence against women and girls, despite hostile amendments contravening international human rights law, UN technical guidance and WHO Guidelines. The resolution on child and early forced marriage on the theme of forced marriage, identifies root causes of forced marriage and calls for practical guidelines to be developed by the OHCHR which can help States work to prevent and eliminate forced marriage, centering the autonomy of women and girls. The resolution on violence against women and girls looks at systemic violence against women and girls in criminal detention systems. The resolution centers the respect, protection and fulfillment of human rights for women and girls in criminal detention, in addition to the Bangkok and Mandela Rules.

We welcome the adoption of the resolution on ‘the impact of arms transfer on human rights‘. Ensuring arms related risks to human rights continues to be part of the Council’s work is critical – both those acquired by civilians and those transferred. We look forward to the stocktaking intersessional workshop on the role of States and the private sector in preventing, addressing and mitigating negative human rights impacts of arms transfers.

We welcome the resolution on new and emerging digital technologies, which reinforces the need to respect, protect and promote human rights throughout the lifecycle of artificial intelligence systems. The resolution mandates an enhanced role of the OHCHR in providing its expertise on the human rights implications of these technologies, including artificial intelligence, to other UN bodies, mechanisms, and processes. We believe that bolstering this existing expertise is vital in ensuring a consistent human rights-first approach to the growing number of UN initiatives relevant to this topic. We also particularly welcome that the resolution stresses that certain applications of artificial intelligence “present an unacceptable risk to human rights”. We now call on States to put this language into practice and ban those technologies that cannot be operated in compliance with international human rights law.

We welcome the adoption of the resolution extending the mandate of the UN Special Rapporteur on Independence of Judges and Lawyers for three years.

We regret the adoption of a new resolution on countering religious hatred constituting incitement to discrimination hostility or violence. While we are dismayed over the rise of hate against persons on the basis of their religion or belief worldwide, this resolution ultimately aims to protect not individuals but rather religious books and symbols that do not enjoy protection under international human rights law. We note that prohibitions on the defamation of religions fuel division and religious intolerance by shutting down interfaith dialogue, and can facilitate human rights violations against religious minorities. While the burning of holy books is considered disrespectful and offensive by many, this is not an act of incitement in and of itself, and such acts should only be challenged through open space for dialogue, debate, and dissent. By evoking language on the defamation of religions, this resolution puts over a decade of progress in jeopardy and risks undermining the consensual, positive action plan to combat religious intolerance achieved in landmark Resolution 16/18 in 2011.

We regret that the resolution on the contribution of development to the enjoyment of human rights weakens the interdependence of human rights and sustainable development. We reiterate deep concerns at the long-term goal of this initiative, in light of the penholder’s remarks during negotiations that the ‘contribution of development to human rights’ is a methodology ‘conflicting with’ human rights-based approaches to development (HRBA) widely-endorsed by the Secretary-General, UN agencies and States. We regret the inclusion of undefined domestic concepts such as ‘better life’, ‘high-quality development’ and ‘people-centred approach to development’, and the failure to consider middle-ground proposals to reallocate resources to meet the OHCHR’s needs for additional capacity on HRBA to development. We lament that the penholder disregarded strong concerns shared across all regions, including from developing countries as reflected in the abstentions of Costa Rica, Chile, Georgia, India and Paraguay, despite commitments to seek consensus and engage constructively.

We welcome the adoption of the resolution on Belarus, which re-mandates the Special Rapporteur for a further year. The Special Rapporteur on Belarus remains critical to civil society, whose options for seeking redress for human rights violations at an international level were further reduced recently when Belarus withdrew from the First Optional Protocol of the ICCPR.

We welcome the adoption of the resolution presented by Colombia seeking to enhance technical cooperation to implement the recommendations made by the Commission for the Clarification of Truth, Coexistence and Non-Repetition in the country – a resolution looking towards a future of peace.. The text highlights the OHCHR report’s findings that violence disproportionately affects, inter alia, human rights defenders, Indigenous Peoples, people of African descent, peasant leaders, women and girls, as well as persons on the basis of their sexual orientation or gender identity. We regret however that Pakistan, on behalf of the OIC except Albania, tabled an amendment to remove the reference to ‘sexual orientation and gender identity’, and in doing so did not respect Colombia’s decision to acknowledge the vulnerability of populations inside its own territory, and meant that a vote was called on the resolution.

This year’s strengthened resolution on Eritrea is in line with civil society’s ask to substantively address violations Eritrean authorities commit at home and abroad and to move beyond merely procedural resolutions that extend the Special Rapporteur’s mandate. We encourage States to go even further next year and to reinstate fully substantive resolutions on Eritrea’s human rights situation, as was the rule before 2019.

We welcome the adoption of the Item 10 resolution on Ukraine, maintaining the Council’s regular dialogues with the High Commissioner on the human rights situation in Ukraine. The work of the OHCHR in Ukraine is critical, complementary to the work of the International Commission of Inquiry on Ukraine, and it is important that HRC is kept abreast of this work.

While we believe the resolution on Rohingya and other minorities in Myanmar is an important step to maintain the situation of Rohingya and other minorities in Myanmar high on the agenda of the Council, we regret that the resolution failed to reflect the reality of the situation on the ground in Myanmar especially following the 1 February 2021 military coup. It calls for immediate commencement of repatriation of Rohingya refugees in direct contrast to conclusions and recommendations of the Special Rapporteur, the High Commissioner as well as Rohingya themselves that conditions for safe, voluntary, dignified and sustainable return for Rohingya do not exist in Myanmar, and that their return under the current circumstances could lead to the recurrence of violence that led to their displacement.

The holding of a Special Session on Sudan on 11 May 2023, does not preclude, but rather should be seen as the start of a process toward, stronger resolutions. Civil society will continue to push for the establishment of an investigative mechanism, which is the least the Council can do for the victims and survivors of the conflict and violations and abuses committed in the country in the last three decades. We highlight the need for a holistic, comprehensive response by the international community. In this regard, the Final Communiqué of the First Meeting of the IGAD Quartet Group of Countries for the Resolution of the Situation in the Republic of Sudan resolved to request that “the East Africa Standby Force (EASF) summit … convene in order to consider the possible deployment of the EASF for the protection of civilians and guarantee humanitarian access” and committed “to work closely with the international community to put in place a robust monitoring and accountability mechanism that will be instrumental in bringing perpetrators to justice.”

We deplore the sustained failure of this Council to respond meaningfully to the human rights situation in China, gradually undermining its credibility and ability to scrutinise countries on the basis of objective, impartial UN documentation, including the OHCHR Xinjiang report. We further regret the failure of the joint UN Office on Genocide Prevention and the Responsibility to Protect to act in line with its mandate on the CERD’s historic referral of the situation in Xinjiang, weakening the UN’s genocide-prevention architecture. The CESCR, the CEDAW, the CERD, the OHCHR, the ILO, as well as Special Procedures through three joint statements, nearly 30 press releases and 100 letters to the government since 2018, have provided more than sufficient evidence pointing to systematic and widespread human rights violations. So long as the Council is not able to take principled action on the basis of objective criteria, other powerful perpetrators will feel empowered to continue committing atrocity crimes, relying on the Council’s silence. We reiterate our pressing call for all Council Members to support the adoption of a resolution establishing a UN mandate to monitor and report on the human rights situation in China.

We regret that the Council failed to adequately respond to the situation in Egypt. Since the joint statement delivered by States in March 2021 at the Council , there has been no significant improvement in the human rights situation in Egypt despite the launching of the national human rights strategy and the national dialogue. The Egyptian government has failed to address, adequately or at all, the repeated serious concerns expressed by several UN Special Procedures over the broad and expansive definition of “terrorism”, which enables the conflation of civil disobedience and peaceful criticism with “terrorism”. The Human Rights Committee raised its concerns “that these laws are used, in combination with restrictive legislation on fundamental freedoms, to silence actual or perceived critics of the Government, including peaceful protesters, lawyers, journalists, political opponents and human rights defenders”. Egyptian and international civil society organisations have been calling on the Council to establish a monitoring and reporting mechanism on the human rights situation in Egypt, applying objective criteria and in light of the Egyptian government’s absolute lack of genuine will to acknowledge, let alone address, the country’s deep-rooted human rights crisis.

We regret the Council’s repeated failure to address the situation in India including to exercise its prevention mandate in relation to the potential escalation of violence against religious minorities and Dalits and Adivasis into mass atrocity crimes with unchecked hate speech and incitement to violence by Hindu nationalist leaders, the most recent illustration of which is the ongoing communal violence in the Northeastern state of Manipur.  We remind the Council that this is happening in the context of systematic rollback of fundamental freedoms, the rule of law and independent institutions as well as the ongoing  criminalisation, harassment and intimidation of human rights defenders, activists, journalists, and dissidents, and targeting of civil society organisations using national security and counter-terrorism infrastructure.  Silence of the Council further enables impunity and makes the international community complicit.

We regret that the Council failed to adequately respond to the situation in Saudi Arabia. In light of the ongoing diplomatic rehabilitation of crown prince and de facto ruler Mohammed bin Salman, the Saudi authorities’ brazen repression continues to intensify, as ALQST has documented. Some notable recent trends include, but are not limited to: the further harsh sentencing of activists for peaceful social media use, such as women activists Salma al-Shehab (27 years), Fatima al-Shawarbi (30 years and six months) and Sukaynah al-Aithan (40 years); the ongoing detention of prisoners of conscience beyond the expiry of their sentences, some of whom continue to be held incommunicado such as human rights defenders Mohammed al-Qahtani and Essa al-Nukheifi, and; regressive developments in relation to the death penalty, including a wave of new death sentences passed and a surge in executions (47 individuals were executed from March-May 2023), raising concerns for those currently on death row, including several young men at risk for crimes they allegedly committed as minors. We call on the Council to respond to the calls of NGOs from around the world to create a monitoring and reporting mechanism on the ever-deteriorating human rights situation in Saudi Arabia.

We regret that the Council failed to exercise its prevention mandate and address the deteriorating human rights situation in Tunisia. Civil society organizations, the High Commissioner and UN Special Procedures all have raised alarm at the escalating pattern of human rights violations and the rapidly worsening situation in Tunisia following President Kais Saied’s power grab on 25 July 2021 leading to the erosion of the rule of law, attacks on the independence of the judiciary, reprisals against independent judges and lawyers and judges associations, a crackdown on peaceful political opposition and abusive use of “counter-terrorism” law in politicized prosecutions, as well as attacks on freedom of expression and threats to freedom of association. A wave of arrests that started in February 2022 continued to include at least 40 members of peaceful political opposition. On 21 February 2023, President Saied made inflammatory comments that triggered a wave of anti-Black violence and persecution – including assaults and summary evictions – against Black African foreign nationals, including migrants, asylum seekers and refugees. Between February and early March 2023, police indiscriminately arrested at least 850 Black African foreign nationals, apparently based on racial profiling. Since July 2, 2023 Tunisian security forces collectively expelled several hundreds of Black African migrants and asylum-seekers to the Tunisian-Libyan borders without any due process, along with reports of beatings and sexual assaults. The High Commissioner has addressed the deteriorating situation in the three latest global updates to the HRC. Special Procedures issued at least 8 communications in less than one year addressing attacks against the independence of the judiciary, as well as attacks against freedom of expression and assembly. Despite the fact that in 2011 Tunisia extended a standing invitation to all UN Special Procedures, and received 16 visits by UN Special Procedures since, Tunisia’s recent postponement of the visit of the Special Rapporteur on the independence of judges and lawyers, is another sign of Tunisia disengaging from international human rights mechanisms and declining levels of cooperation.

Signatories: International Service for Human Rights (ISHR), Cairo Institute for Human Rights Studies, Asian Forum for Human Rights and Development (FORUM-ASIA), International Bar Association’s Human Rights Institute (IBAHRI), International Federation for Human Rights (FIDH), Commonwealth Human Rights Initiative, Center for Reproductive Rights, DefendDefenders (East and Horn of Africa Human Rights Defenders Project), Gulf Centre for Human Rights.

https://ishr.ch/latest-updates/hrc53-civil-society-presents-key-takeaways-from-human-rights-council/

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New wave of repression against human rights lawyers unleashed in China

July 12, 2023

In a joint statement published today, over 60 human rights organisations {such as the ISHR}, bar associations, scholars and Chinese human rights activists in exile urge global attention to the Chinese government’s new wave of repression against human rights lawyers unfolding over the past three months.

Human rights lawyers are a cornerstone of China’s human rights movement. From Uyghurs, Tibetans and Hong Kongers, to religious minorities, LGBTQI and feminist advocates, journalists, and political dissidents: human rights lawyers defend the full spectrum of civil society. They accompany and empower the most vulnerable against land evictions, discrimination, health scandals, or extra-legal detention. They embody the promise of rule of law and hold the government accountable to its commitments under China’s constitution, laws, and the international human rights treaties it has ratified. They ensure that no one is left behind.

As a result of this work, for many years and particularly since the round-up of over 300 human rights lawyers and legal assistants in the days following July 9, 2015 – an episode known as the 709 crackdown -, this profession has been ‘effectively criminalised in China,’ according to UN experts.

This year alone, Chinese authorities have passed harsh sentences on national security grounds of ‘subversion of State power’ against three lawyers who had attended a private gathering: Xu Zhiyong (14 years), Ding Jiaxi (12 years) and Chang Weiping (3.5 years). [see: https://humanrightsdefenders.blog/2023/04/11/xu-zhiyong-and-ding-jiaxi-two-human-rights-defenders-in-china-sentenced/]Xu’s partner, feminist activist Li Qiaochu was also recently put on trial behind closed doors, being denied both a lawyer and access to healthcare.[see also: https://www.netherlandsandyou.nl/latest-news/news/2022/12/09/index]

Previously, lawyer Yu Wensheng – recipient of the 2021 Martin Ennals Award for Human Rights Defenders – and his wife Xu Yan had also been arrested on their way to the Delegation of the European Union in Beijing, over a year after Yu’s release. See: https://www.trueheroesfilms.org/thedigest/laureates/69fc7057-b583-40c3-b6fa-b8603531248e

China’s abuse of national security to target lawyers has been growingly mimicked in Hong Kong, where Chow Hang-tung and Albert Ho are awaiting trial under the territory’s overbroad National Security Law.

Beyond arrests, authorities are also increasingly using travel bans and enforced disappearances – including through a criminal procedure known as ‘Residential Surveillance at a Designated Location’ (RSDL) – to intimidate and silence human rights lawyers. Lawyer Li Heping and his family were intercepted at Chengdu airport in June this year, while lawyer Tang Jitian was detained for 398 days for attempting to attend a Human Rights Day celebration in December 2021. For RSDL, see: https://humanrightsdefenders.blog/tag/residential-surveillance-at-a-designated-location-rsdl/

Released lawyers increasingly face disbarment, while their relatives, including underage children, are subjected to unrelenting harassment from the authorities. In recent months, Beijing-based lawyer Wang Quanzhang and his family have been forced to move 13 times, reporting constant threats and repeated cuts to their gas and electricity supply.

‘Human rights lawyers are one of the last avenues left to Chinese citizens seeking justice for the trampling of their most basic rights. Without sustained global pressure, the government will ramp up its campaign to imprison, disbar or silence these critical advocates for a more equal, just and rights-respecting China.‘

Raphael Viana David, ISHR’s China Programme Manager

Detained human rights lawyers are constantly subject to physical and psychological torture and ill-treatment in pre-trial detention and prison. They are routinely denied contact with their relatives and access to medical care, despite critical health issues. The government impedes family-appointed lawyers from accessing court documents and representing victims, instead imposing government-appointed lawyers whose identities are not disclosed or refuse to communicate with relatives. Detained lawyers are often convicted during sham closed-door trials, without notification to families nor disclosure of court verdicts for prolonged periods.

My husband Ding Jiaxi and his colleagues always fought for what’s right, despite knowing they risked being disappeared, tortured, disbarred. Their bravery is only equalled by their moral commitment to defending the rights of the most vulnerable, enshrined in China’s constitution and international treaties. Their sacrifice cannot be in vain: governments should stand with China’s human rights lawyers.

Sophie Luo Shengchun, human rights activist and wife of Ding Jiaxi

The UN Working Group on Arbitrary Detention has determined that China has a ‘systemic problem with arbitrary detention which amounts to a serious violation of international law.’

Against this new wave of repression, which has been known as the ‘709 crackdown 2.0’, the 63 signatories call on the international community to urge the Chinese government to:

  • Put an end to its crackdown on human rights lawyers and defenders;
  • Immediately and unconditionally release all those arbitrarily detained;
  • Amend laws and regulations, including national security legislation, its Criminal Law and Criminal Procedure Law, to bring them into full compliance with international human rights standards; and meaningfully cooperate with the United Nations human rights bodies to that end.

Full statement here in English and Chinese

https://ishr.ch/latest-updates/china-unleashing-new-wave-of-repression-against-human-rights-lawyers-global-response-needed/

https://thediplomat.com/2023/07/8-years-after-709-persecution-of-chinese-human-rights-lawyers-continues/

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Tunisia no longer poster child of Arab spring

June 29, 2023

The Human Rights Council should urgently address the deterioration of the human rights situation in Tunisia, four human rights organizations said on 27 June 2023 as the 53rd Council’s session is underway.

In a letter sent to UN Member States’ Representatives on 5 June 2023, the four undersigned organizations warned against the rapidly worsening situation in Tunisia, and urged States to seize the opportunity of the ongoing Human Rights Council’s session to address it. The organizations called on the Council and Member States to press the Tunisian authorities to comply with their obligations under international human rights law particularly those guaranteeing the rights to fair trial, freedom of expression, freedom of peaceful assembly and association, and non-discrimination.

The Human Rights Council should urge Tunisia to end the ongoing crackdown on peaceful dissent and freedom of expression, and drop charges against, and release, all individuals being detained and prosecuted solely on the basis of their peaceful political activities and the exercise of their human rights. The Council should also call on Tunisia to conduct prompt, thorough, independent, impartial and transparent and investigation into a wave of anti-Black violence – including assaults and summary evictions – against Black African foreign nationals, including migrants, asylum seekers and refugees, and bring to justice anyone reasonably suspected to be responsible, and provide victims with access to justice and effective remedies.

Over the past two years, Tunisia has witnessed a significant rollback on human rights. Judicial independence guarantees have been dismantled and individual judges and prosecutors have been subjected to arbitrary dismissal, politicized criminal prosecutions and increased interference by the executive. Lawyers are being prosecuted for the discharge of their professional duties and exercise of their right to freedom of expression.

‘The Tunisian authorities’ interference in the judiciary and attacks on lawyers have greatly undermined the right to fair trial and public trust in the integrity of the justice system. The authorities must ensure that the courts are not weaponized to crush dissent and free expression,’ said International Commission of Jurists’ MENA director Said Benarbia. 

Under the guise of ‘fighting offences related to information and communication systems’,  punishable by up to a 10 years’ imprisonment and a hefty fine according to Decree Law 54, at least 13 individuals, including journalists, political opponents, lawyers, human rights defenders and activists, have been subject to police or judicial investigations and are facing possible prosecutions.

‘With Tunisia facing political uncertainty and economic crisis, it’s more important than ever that Tunisians be free to debate their country’s future without fear of reprisal. The authorities should strive to allow the effective enjoyment of the right to freedom of expression of everyone; instead, they are attacking it,’ said Rawya Rageh, Amnesty International’s acting deputy director for the Middle East and North Africa.

Last week, the UN High Commissioner for Human Rights called on the Tunisian authorities to stop restricting media freedoms and criminalizing independent journalism. In a statement published on 23 June, Volker Türk expressed deep concern at the increasing restrictions on the right to freedom of expression and press freedom in Tunisia, noting that vague legislation is being used to criminalize independent journalism and stifle criticism of the authorities. ‘It is troubling to see Tunisia, a country that once held so much hope, regressing and losing the human rights gains of the last decade,’ said the High Commissioner.

Since February 2023, a wave of arrests targeted political opponents and perceived critics of Tunisia’s President, Kais Saied. In the absence of credible evidence of any offences, judges are investigating at least 48 people, such as dissidents, opposition figures, and lawyers, for allegedly conspiring against the State or threatening State security, among other charges. At least 17 of them are being investigated under Tunisia’s 2015 counter-terrorism law.

‘By jailing political leaders and banning opposition meetings, the authorities are dangerously trampling on the fundamental rights that underpin a vibrant democracy. The democratic backsliding and the human rights violations, which are unprecedented since the 2011 revolution, require urgent attention from the Human Rights Council and Member States,’ said Salsabil Chellali, Tunisia director at Human Rights Watch.

Signatories:

  1. International Commission of Jurists (ICJ)
  2. International Service for Human Rights (ISHR)
  3. Amnesty International
  4. Human Rights Watch (HRW)

Download as PDF

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Pierre-Claver Akolly Amégnikpo Dekpoh from Togo tells his story

May 12, 2023

Pierre-Claver Akolly Amégnikpo Dekpoh works at the West African Human Rights Defenders Network (WAHRDN) in Lome, Togo. He spoke to ISHR about what drove him to become a human rights defender and about the challenges that he and his colleagues in Togo and West Africa face in working towards the realisation of human rights.

https://ishr.ch/defender-stories/human-rights-defenders-story-pierre-claver-akolly-amegnikpo-dekpoh-from-togo/

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ISHR documents cases of reprisals in 23 countries for UN Submission

May 12, 2023

On 17 April 2023, ISHR sent its annual submission to the report of the UN Secretary-General on reprisals and intimidation against defenders engaging or seeking to engage with the UN and its human rights mechanisms. The submission presents a disturbing pattern of intimidation and reprisals in 23 countries.

ISHR’s annual submission to the report of the UN Secretary-General on reprisals demonstrates the need for the UN and States to do more to prevent and ensure accountability for intimidation and reprisals against human rights defenders and others cooperating or seeking to cooperate with the UN and its human rights mechanisms. ISHR’s submission outlines developments in the international human rights system, and documents a number of new cases, as well as follow-up on previously submitted cases.

“In order for the international human rights system to function to its fullest potential, human rights defenders must be able to share crucial information and perspectives, safely and unhindered. However, many defenders still face unacceptable risks and are unable to cooperate safely with the UN.” Madeleine Sinclair, New York Office Co-Director and Legal Counsel. “The vast majority of cases remain unresolved year after year. More must be done to ensure the efforts to document and address reprisals cases also include sustained and consistent follow up. Otherwise, the cost of carrying out reprisals remains too low, impunity reigns and perpetrators are further emboldened“.

The submission presents a disturbing pattern of intimidation and reprisals in 23 countries, with the addition this year of Algeria and France. Cases of reprisals featured in the submission range from States defaming and stigmatising defenders, to criminalising their work, but also to arbitrarily detaining, arresting and killing them. 

  • In Israel, Palestinian defenders face ongoing intimidation and repression as reprisals for their cooperation with UN human rights mechanisms.
  • In Bahrain, the situation still shows no signs of improving, with human rights defenders continuing to be arbitrarily detained and denied timely and adequate medical treatment by the government.
  • In Algeria, Andorra, Cameroon and India defenders continue to be criminalised.
  • In China defenders are still facing online surveillance, harassment and enforced disappearance.
  • In Egypt, the United Arab Emirates, Venezuela and Yemen many more defenders face arbitrary detention, ill-treatment and criminalisation.  

Other cases of reprisals include threats, harassment, hate speech, surveillance, property damage, disbarment, death threats, travel bans, enforced disappearances, unjustified raids, dissolution of associations, judicial harassment, smear campaigns, forced deportations, confiscation of travel documents, red tagging, denial of healthcare and family visits as well as accusations of terrorism, among others. Other countries cited in the report include cases in the Andorra, Bahamas, Bangladesh, Burundi, Djibouti, Equatorial Guinea, France, The Maldives, Morocco, Nicaragua, The Philippines, Russia, and Thailand.

ISHR also submitted follow-up information on a large number of cases, demonstrating that incidents of reprisals and intimidation are very rarely, if ever, adequately resolved.

This year, ISHR is running again its #EndReprisals campaign. The campaign will raise the profile of 6 cases (all included in the submission) and seek to achieve a more sustained attention on the issue of reprisals and follow-up of the cases throughout the UN system. In particular, we want the UN Secretary General to include all the reprisal and intimidation cases in his upcoming report and UN member States to use the opportunity of the interactive dialogue at the Human Rights Council on the Secretary-General’s report in September, as well as Item 5 debates at all sessions, to raise specific cases and hold their peers accountable. 

Read the report

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