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Environmental defenders call for better protection by the African Commission

November 11, 2023

The Environmental Rights Agreement Coalition called on the African Commission on Human and Peoples’ Rights to develop an environmental rights agreement to increase public participation and protect environmental rights defenders. The Environmental Rights Agreement (ERA) Coalition organised, on 21 October 2023, a side event on the margins of the 77th Ordinary Session of the African Commission on Human and Peoples’ Rights (African Commission).

Participants shared information on the movement for an environmental rights legal framework for Africa, lessons learned and generated wider support for the ERA movement. Joseph Burke, Head of Universal Rights Group Africa noted some progress in the protection of the environment globally such as the African Leaders Nairobi Declaration on Climate Change and Call to Action, Paris Agreement and the Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean (ESCAZU Agreement). However, environmental rights defenders continue to face significant barriers to the conduct of their activities. According to Global Witness, one environmental defender was killed every two days in 2022 while the rest were subjected to violence, harassment and criminalisation. In its statement before the African Commission, ISHR reiterated this worrisome trend on the African continent.

Rights of Indigenous communities not recognised

Two panellists reviewed national trends in Kenya and Tanzania on the protection of environmental rights and public participation. In Kenya, Emily Kinama, Research and Litigation Associate at Katiba Institute stated that there do not exist laws which cater for environmental rights in Kenya. Civil society organisations have used public interest litigation to challenge laws that criminalise environmental and land rights defenders but the impact of these actions has, at times, been marginal because of strategic lawsuits against public participation. ‘Indigenous peoples’ rights are not recognised despite the African Court on Human and Peoples’ Rights’ judgment in the Ogiek case reiterating the obligations of Kenya to promote and protect their rights. This judgement has not been implemented by Kenya, six years after it was handed down’, said Kinama. She concluded by stating that ‘Kenya should continue to recognise their rights and pass laws and processes following the historical injustice stage and ensure the participation of Indigenous population in the protection of the environment given that Indigenous peoples have been protecting it since time immemorial’.

The relevance of inclusive participation

In her presentation, Miriam Tikoine, from the Maasai Women Development Organization, highlighted the necessity to involve the Maasai, and other pastoral communities in environmental and climate change debates, and to raise their awareness on environmental matters for them to understand the importance of protecting the environment.

Farmers should be trained on how to face climate change issues and adapt their farming practices; youth, traditional leaders and women should understand carbon credit-related concerns so that they can take action. If everyone is not involved, climate change and environmental concerns will remain a matter of just a few.

Litigating environmental rights

The African Commision’s Special Rapporteur on Human Rights Defenders and Focal Point on Reprisals, Commissioner Remy Lumbu, called on States to strengthen human and environmental rights education, transparency and accountability in extractive industries to prevent leonine contracts which only benefit powerful businesses and sacrifice the interests and rights of present and future generations. Environmental rights defenders raise their voices against such contracts and stand against State and business’ practices which endanger the planet. Commissioner Lumbu said that this role played by environmental defenders has been recognised by the African Commission which has established this mechanism to remind States of their obligations, send urgent appeal letters or publish press releases when environmental defenders are in danger. These efforts must be honed by increased litigation activism, before national and African human rights bodies, on the part of NGOs.

We have not had enough communications on environmental rights concerns. NGOs must start challenging behaviours of States before the African Commission or the Court. If 40 NGOs decide to work on one case each, we will have 40 environmental rights-related cases before the African Commission in one year.

The need for an environmental rights instrument

The Coalition called the Special Rapporteur, and the African Commission as a whole, to champion a process geared towards the development and the adoption of an environmental rights instrument.

The impact of businesses has crossed on people leading them into poverty. As civil society organisations, we have realised we need to protect our resources and planet and those who put their lives at risk. Environmental rights defenders are at the forefront but have been victims of several human rights violations including arbitrary killings. With the massive onslaught of business in Africa, our resources and individuals protecting them must be protected by a tailor-made legal instrument as other regions have done.
https://ishr.ch/latest-updates/achpr77-environmental-defenders-call-for-better-protection-by-the-african-commission/

Posted in Human Rights Defenders, ISHR | Leave a Comment »
Tags: African Commission on Human and Peoples’ Rights, african region, criminalization, environmental defenders, Escazú Agreement, indigenous groups, international human rights instruments, ISHR, Remy Lumbu

Human Rights Defender Advocacy Programme 2024: applications now open

November 7, 2023

Are you a human rights defender keen to use the UN to push for change at home? If so, apply for the 2024 edition of ISHR’s flagship training, the Human Rights Defender Advocacy Programme (HRDAP)!

After a successful hybrid programme launched in 2023, ISHR is pleased to launch the call for application for the 2024 edition of the Human Rights Defender Advocacy Programme (HRDAP), which will again take place both remotely and in Geneva! Below are some important dates to take into account before applying:

Mandatory distance learning course: 8 April – 3 June 2024 (part time)
In-person course in Geneva: 5- 15 June 2024 (full time)
Deadline to apply: 10 January 2024, midnight CET (Geneva Time)
Programme description with all the information can be downloaded here.
Application form can be found here.

The course equips human rights defenders with the knowledge and skills to integrate the UN human rights system into their existing work at the national level in a strategic manner, and provides an opportunity for participants to prepare for and engage in advocacy activities at the UN with the aim to effect change back home.

Defenders will complete a 10-week hybrid learning programme, online and offline, which will include:

Access to the HRDAP Platform, where they can complete e-learning courses on each key UN human rights mechanism and on advocacy strategies, access interactive learning materials and case studies on the ISHR Academy
Take part in live Q&A sessions with human rights experts
Receive a continuous advocacy support and coaching in order to develop concrete advocacy objectives to make strategic use of the international human rights system
Build networks around the world, and learn from peers from a range of regions working on a range of human rights issues
Apply their knowledge to case-studies scenarios and enhance their advocacy toolbox according to their specific needs
Receive support and advocacy accompaniment to conduct activities during the 56th and 57th Human Rights Council sessions and other relevant opportunities.

Participants will have the unique opportunity to apply their knowledge and skills while being in Geneva and practice, meet and share with their peers and experts. The blended format of the course allows defenders to continue their vital work on the ground, while diving into the inner workings of each key UN human rights mechanism, and gaining first-hand experience from advocates and UN staff on how civil society can strategically engage in the international human rights space.

By participating in HRDAP, defenders:

Gain knowledge and tools, which they can use to ensure their voice is central in international human rights decision-making
Explore and compare the benefits of engagement with the Human Rights Council, the Special Procedures, the OHCHR, the Universal Periodic Review and the Treaty Bodies, and examine how they can use them to bolster their work at the national level
Develop strategies and lobbying techniques to increase the potential of their national and regional advocacy work

Could you be one of our 2024 participants?

This programme is directed at experienced human rights defenders working in non-governmental organisations, with existing advocacy experience at the national level and some prior knowledge of the international human rights system.

ISHR supports, and promotes solidarity with and between, defenders working in the following areas or contexts, which we recognise as intersectional and interdependent:

Equality, dignity and non-discrimination
Environmental justice and sustainability
International accountability for the repression of human rights defenders
Transparency and rule of law

The hybrid programme will bring together around 16 committed human rights defenders from different backgrounds, who work on a wide range of areas that are linked with our programmes to ensure a sustainable collaboration. This can include, but is not limited to, defenders working on the following thematics: women rights; business, environment and human rights; the human rights of LGBTIQ+ persons; anti-racism; reclaiming civil society space and increasing protection of human rights defenders.

What do former HRDAPers say?

16 human rights defenders from 15 countries took part in the last edition, HRDAP23. At the end of the training, 98% of the participants were either extremely satisfied or very satisfied with the programme and also felt that they would be able to apply what they learnt to their own day-to-day work. Find out more about the outcomes of HRDAP23 and where they are four months later, here.

See also: https://humanrightsdefenders.blog/2023/07/26/the-story-of-camila-zuluaga-hrd-from-colombia/. More testimonials from HRDAP23 here.

How to apply?

First, download and read carefully the HRDAP 2024 Programme Description to find out more about modalities, requirements and funding. If you meet the criteria, take some time to apply using this online form before midnight Geneva time on Wednesday 10 January 2024!

As only a limited number of human rights defenders are able to participate in HRDAP each year, in addition to our range of guides and handbooks, ISHR has developed an e-learning space in English, French and Spanish to help human rights defenders strengthen their advocacy skills with the UN for greater impact on the ground: the ISHR Academy. The learning modules demystify the UN human rights system and build capacity to push for change. Discover new tools, insider tips, defender stories, and more!

For more information, please contact us : training@ishr.ch

https://ishr.ch/latest-updates/hrdap-2024-apply-now-for-ishrs-hybrid-training-for-human-rights-defenders/

Posted in Human Rights Council, Human Rights Defenders, ISHR | 1 Comment »
Tags: call for applications, Geneva, Human Rights Defender Advocacy Programme (HRDAP), Human Rights Defenders, human rights mechanisms, ISHR, on-line, training course

Tanzanian civil society validates a human rights defenders policy

November 7, 2023

On 19 October, with the support of ISHR, the Tanzanian Human Rights Defenders Coalition organised a one day event with defenders from all around the country to reflect on the 25th anniversary of the UN Declaration on human rights defenders and validate the civil society led draft on the promotion and protection of the rights of defenders in Tanzania.

The Tanzanian Human Rights Defenders Coalition (THRDC) gathered defenders from all regions of the country to celebrate the 25th anniversary of the UN Declaration, discuss its implementation in the country and the needs to strengthen their legal framework for the promotion and protection of the rights of defenders through the adoption of a policy on human rights defenders. This is an interesting case as “human rights defenders policies” are usually to be found in the West; see: https://humanrightsdefenders.blog/2016/12/13/canada-joins-select-group-of-governments-with-guidelines-on-human-rights-defenders/.

The event was attended by Minister of Constitutional and Legal Affairs Hon. Dr. Pindi Chana who highlighted notable human rights achievements under the ongoing leadership of Honourable President Samia Suluhu Hassan such as the opening of legal aid services in all regions of the country and the establishment of a special commission which will work with various stakeholders to achieve the necessary reforms to better protect and promote human rights in the country.

Discussing and reflecting on the advancement in Africa since the adoption of the UN Declaration on human rights defenders (‘the Declaration’), speakers highlighted the numerous legislative progress in some countries and the increase in legislative restrictions in others.

The legal recognition and protection of human rights defenders is crucial to ensure that they can work in a safe, supportive environment and be free from attacks, reprisals and unreasonable restrictions. The legal recognition and protection of defenders also contributes to the broader goals of upholding human rights, and promoting democracy, good governance, sustainable development and respect for the rule of law. In Africa, in the past ten years, 5 countries adopted specific laws protecting the rights of defenders, recognising the need and obligations that follow the adoption of the UN Declaration.

Speakers also highlighted the importance to recognise that while the adoption of the Declaration was an incredible progress, defenders still face a high number of violations for enjoying their right to defend rights.

‘It is not easy to be a defender, especially in Africa,’ said Washington Katema, Executive Director of the Southern Africa Human Rights Defenders Network. ‘Defenders must be safe and not silenced. Defending human rights is not a crime and, to our colleagues from the Government, defenders are not the enemy of the State, rather, they stand for those who can not stand for themselves. Defenders are everywhere, so as we reflect on the 25th anniversary of the UN Declaration on defenders, let’s also reflect on the Africa we want. An Africa where defenders are free from reprisals, arrests, intimidations and assassinations’ .

The draft policy was then presented to the participants. Among other things, it includes important principles and rights such as the right to freedom of expression, freedom of peaceful assembly, ensuring that decisions on registration, suspension and de-registration of organisations are taken by a mechanism the majority of whose members are from civil society or that organisations shall be self-governing and free to determine their internal management structures. The policy also provides for State obligations such as the need to ensure an enabling environment for defenders or that laws and administrative measures adopted by the government should protect, not impede the peaceful activities of defenders. Furthermore, defenders discussed the importance of sensitising the authorities to the specificities of the violations faced by vulnerable groups such as Indigenous and LGBTIQ+ defenders.

As Tanzania embarks on this journey, it is important that the ownership of this process goes beyond this assembly. It is important that marginalised and discriminated-against groups, such as women defenders, are included in this process.

Finally, the draft policy was adopted by civil society and a commitment was made by the office of the Minister of Constitutional and Legal Affairs to kickstart the process with a particular attention given to the needs expressed by defenders.

https://ishr.ch/latest-updates/achpr77-tanzanian-civil-society-validates-a-human-rights-defenders-policy/

Posted in human rights, Human Rights Defenders, ISHR | Leave a Comment »
Tags: enabling environment, guidelines, Human Rights Defenders, ISHR, Tanzania, Tanzania Human Rights Defenders Coalition

Results of the 54th session of the UN Human Rights Council

October 15, 2023

On 13 October 2023 the ISHR and other NGOs shared their reflections on the key outcomes of the 54th session of the UN Human Rights Council [see: https://humanrightsdefenders.blog/2023/09/11/human-rights-defenders-at-the-54th-session-of-the-un-human-rights-council/:

…We firmly condemn all crimes and other grave violations under international law committed by both Israel and Palestinian armed groups. Targeted and indiscriminate attacks against civilians can never be justified. We call on the ICC Office of the Prosecutor to accelerate its investigation into serious crimes committed by all parties in Palestine and Israel. We call on Israel to ratify the Rome Statute, and for the ICC to hold both State and non-State perpetrators of international crimes accountable. We call on the Commission of Inquiry to address the situation within the context of its root causes: settler colonialism, apartheid, and denial of the fundamental rights to self-determination and return of the Palestinian people, all amounting to grave violations of international law. We call on governments to immediately stop providing political and military support to Israel, while Ministers manifest a genocidal intent against Palestinians. On 9 October 2023, Yoav Gallant, Israel’s Minister of Defense, stated: “We are imposing a complete siege on [Gaza]. No electricity, no food, no water, no fuel – everything is closed. We are fighting human animals, and we act accordingly”. We deplore the dehumanization of all people, including not mentioning Palestinian civilians’ killings in statements in this Council. As we gear up to celebrate the 75th anniversary of the UDHR, we remind this Council that for 75 years, generations of people in Gaza and historic Palestine have not been born free and equal in dignity and rights. Until this is addressed, the cycles of violence will not end. As Israel continues to bomb the Rafah crossing, the international community has a duty to guarantee immediate humanitarian access to besieged Gaza. We call on States to establish an international protective presence in the OPT, as called for by UN Special Procedures. For 75 years, the international community has enabled impunity and failed to fulfill the right to self-determination of Palestinian people, including through their legitimate right to resist colonialism.

The Council has shown that it does have an important role to play in addressing violations amidst multiple human rights crises. We welcome the establishment of the mechanism on Sudan and the extension of the Special Rapporteur on Russia, inter alia, in this regard. But these stand in stark contrast to its failure to renew the critical mandate on Ethiopia, particularly in light of the expert finding of the acute risk of ongoing and further atrocity crimes, as well as other Council blind spots where mounting human rights violations remain ignored. We stress the need for the Council to take a principled approach and to address situations on their merits.

We remain deeply concerned about reprisals against civil society actors who engage or seek to engage with UN bodies and mechanisms. We call on all States and the Council to do more to address the situation, including raise concerns about specific cases of reprisals and demand that governments provide an update on any investigation or action taken toward accountability. We welcome the adoption of the resolution on cooperation with the UN, including the reference to adequately resourced dedicated civil society focal points, however we are disappointed that several proposals by States and civil society to strengthen the text were not taken on board. The Secretary General’s most recent report on reprisals notes increased physical and digital surveillance of those cooperating with the UN and application of laws aimed at punishing or deterring cooperation. While the resolution takes notes of these trends we regret that the resolution does not fully address how these should be addressed. We welcome the strong focus on prevention and emphasis given to accountability. Nonetheless, the preventative role the Council could play in regard to reprisals, as signs of deterioration in civic space conditions, is overlooked. In addition, States’ monitoring and reporting responsibilities in relation to allegations of acts of intimidation or reprisal could be addressed more fully. Also, we welcome the call to the SG for adequate resources to be allocated to OHCHR to prevent and address allegations.

We welcome the resolution on preventable maternal mortality and morbidity, which reiterates that PMMM is a human rights issue that requires a human rights-based approach response, centering inter alia the principles of accountability, meaningful participation of primarily affected people, non-discrimination and equality and transparency. The resolution aims at garnering political will to curb maternal mortality and morbidity rates that have been stagnating and failing to meet SDGs targets. The resolution rightly highlights the full realization of the right to sexual and reproductive health and the provision of comprehensive sexual and reproductive health information and services, including comprehensive sexuality education and safe abortion (with the caveat of not when against national law), as pre-conditions to lower PMMM. We welcome the call to update the technical guidance on a HRBA to PMMM. We however deplore the amendments put forward seeking to weaken the text and apply a protectionist lens to women’s rights to bodily autonomy, taking away their agency and their status of full rights holders under IHRL.

We express our support for a new resolution on the right to privacy in the digital age, which contains strong new standards under the theme of data protection. The resolution also contains stronger language on remote biometric surveillance systems, such as facial recognition, stressing that they raise serious concerns with regard to their proportionality. While we applaud that the resolution acknowledges that some applications of new and emerging technologies may not be compatible with international human rights law, we call for future iterations to take a step further in establishing “red lines” and to call for bans of such technologies. We also urge the core group to address other emerging issues for the right to privacy in the future, such as social media monitoring.

We welcome the adoption of the resolution on the question of the death penalty aimed at ensuring that criminal justice systems are consistent with international human rights obligations in relation to capital punishment, with a focus on the relation between Art 6 and Art 14 of the ICCPR, particularly on the right to seek pardon or commutation of the sentence, and the right to have one’s conviction reviewed by a higher tribunal according to law. In accordance with the safeguards guaranteeing the protection of the rights of those facing the death penalty, as set out in the annex to Economic and Social Council Resolution 1984/50. We welcome that any attempt by a number of States to undermine the aim of the resolution through a number of amendments, have been rejected.

We welcome the adoption of the resolution from rhetoric to reality: a global call for concrete action against racism, racial discrimination, xenophobia and related intolerance’ and the mandate renewal of the Working Group of Experts of People of African Descent (WGEPAD). We welcome that the rhetoric to reality resolution, interalia, strongly condemns the discriminatory treatment, unlawful deportations, excessive use of force and deaths of African migrants and migrants of African descent, including refugees and asylum-seekers, at the hands of law enforcement officials engaged in migration and border governance. It calls on States to ensure accountability and reparations for human rights violations at borders and to adopt a racial justice approach, including by adopting policies to address structural racism in the management of international migration. However, we regret that it did not reiterate that the transatlantic trade in enslaved Africans and colonialism were grave violations of international law that require States to make reparations proportionate to the harms committed and to ensure that structures in the society that are perpetuating the injustices of the past are transformed, including law enforcement and the administration of justice. We urge all States to fully implement the Durban Declaration and Programme of Action (DDPA). We also call on States to fully cooperate with the WGEPAD and EMLER including by accepting country visits, and implementing their recommendations as well as those from the Permanent Forum and the High Commissioner’s Agenda towards Transformative Change for Racial Justice and Equality.

We welcome the adoption of the resolution on the human rights situation in the Russian Federation, and the re-mandating of the Special Rapporteur. The human rights situation in Russia has drastically deteriorated in the past year, and the Special Rapporteur needs more time to report on the general situation in the country and the Council to equally be able to scrutinize the situation.

We welcome the adoption of the resolution on a Working Group on the rights of Peasants and Other People Working in Rural Areas. The resolution recognizes the contributions of peasants and other people working in rural areas in ensuring the right to adequate food and nutrition, a clean, healthy and sustainable environment, as well as to conserving and improving biodiversity. It calls upon all States and all stakeholders to cooperate fully with the Working Group on the Rights of Peasants and Other People Working in Rural Areas. The establishment of an interdisciplinary WG with balanced geographical representation will promote the effective and comprehensive implementation of the UNDROP and provide opportunities to share and promote good practices and lessons learned on the implementation of the UNDROP.

We welcome the adoption of the resolution on Afghanistan, which extends and strengthens the mandate of the Special Rapporteur. However, we are dismayed that the HRC once again failed to establish an independent investigative mechanism, despite compelling evidence for its need. This risks the entrenchment of impunity for crimes against humanity. This body must center rights holders and survivors, and heed the call of Afghan civil society, who have consistently asked for such a mechanism. We urge States to recognise the situation of women and girls in the country as amounting to gender apartheid, and to support the codification of this crime in the draft Articles on Crimes against Humanity.

We regret that the item 10 resolution on Yemen, again fails to respond to the urgent need for accountability for past and on-going violations and abuses in Yemen.

We welcome the adoption of the resolution on the enhancement of technical cooperation and capacity-building in the field of human rights and its focus on the Universal Periodic Review. The resolution contains a number of key references to the positive role civil society plays in technical assistance, and the possible role multi-stakeholder partnerships between States, UN agencies and civil society can play in supporting the implementation of international human rights obligations by UN Member States. The establishment of an online repository of technical cooperation and capacity-building activities could help civil society identify advocacy opportunities in regards to country-specific situations, in collaboration with UN agencies, as well as opportunities to share best practices and capitalize on lessons learned in regard to technical assistance.

We welcome the renewal of the mandate of the Special Rapporteur on the situation of human rights in Cambodia. In a context defined by systematic targeting and silencing of human rights defenders, critics and political opponents, the Special Rapporteur’s independent and objective assessment of the situation is more important than ever. However, we regret that the resolution once again failed to adequately reflect the reality of the situation and attempted to justify continuing restrictions on civil and political space on the basis of the country’s political and historical particularities as well as national legislation that contradict its international obligations.

We welcome the resolution on the rights of older persons and its important focus on the right of older persons to live free from violence, abuse, and neglect. Now, more needs to be done to ensure that older persons’ rights are protected in reality, including by establishing an international treaty on the rights of older persons.

We welcome the allocation of additional resources to the OHCHR in the area of economic, social and cultural rights, with the adoption of the resolution on ESCR and inequalities.

One year after the release of the OHCHR report finding possible crimes against humanity committed by China against Uyghurs and Muslim minorities, we deplore the sustained failure of this Council to engage in dialogue on the matter, let alone prevent the continuation of abuses. We regret the absence of a joint statement on China at the Council in 2023. The CESCR, the CEDAW, the CERD, the OHCHR, the ILO, as well as Special Procedures through three joint statements, nearly 30 press releases and over 100 letters to the government since 2018, have provided overwhelming evidence pointing to systematic and widespread human rights violations across the country. 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.

Finally, we note the outcomes of the Human Rights Council elections. We welcome that Russia’s candidacy was defeated but regret the election of other members responsible for atrocity crimes, widespread civil society repression, and patterns of reprisals.

Signatories: International Service for Human Rights (ISHR), International Federation for Human Rights (FIDH), GIN SSOGIE NPC, Cairo Institute for Human Rights Studies, FIAN International, Asian Forum for Human Rights and Development (FORUM-ASIA).

https://ishr.ch/latest-updates/hrc54-civil-society-presents-key-takeaways-from-human-rights-council/

https://rightlivelihood.org/news/54th-un-human-rights-council-we-shed-light-on-activist-repression-indigenous-peoples-plight-in-nicaragua-environmental-degradation/

Posted in Human Rights Council, Human Rights Defenders, ISHR | Leave a Comment »
Tags: 54th session of the UN Human Rights Council, death penalty, Human Rights Defenders, International law, ISHR, Israeli–Palestinian conflict, Russia

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/

Posted in Human Rights Council, ISHR, UN | Leave a Comment »
Tags: Burundi, China, Cuba, elections, ISHR, membership UN human rights council, Russia, UN Human Rights Council, Universal human rights Group

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.

#Training #UN #Statement @ISHRglobal @freedomhouse
Young #Uyghur, #Tibetan, and #HongKonger activists demand accountability to China for their relatives who are facing terrible persecution and injustice for their beliefs, culture, desire for freedom. WE MUST STAND WITH THEM👇 pic.twitter.com/Hrxz1Kvizs
— Salome_ISHR (@salome_ishr) September 20, 2023

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/

Posted in Freedom House, Human Rights Defenders, ISHR, UN | Leave a Comment »
Tags: 54th session of the UN Human Rights Council, China, Freedom House, Hong Kong, human rights mechanisms, ISHR, Tibet, training course, Uyghur, young

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

Posted in Human Rights Council, Human Rights Defenders, ISHR, UN | Leave a Comment »
Tags: demonstration, Geneva, Human Rights Defenders, Ilze Brands Kehris, ISHR, NGOs, reprisals, UN, UN Declaration on Human Rights Defenders

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:

Special Rapporteur on truth, justice, reparation and guarantees of non-recurrence
Special Rapporteur on contemporary forms of slavery, including its causes and consequences
Working Group on Arbitrary Detention
Working Group on Enforced or Involuntary Disappearances
Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and waste
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:

Independent Expert on the enjoyment of all human rights by older persons
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:

Special Rapporteur on minority issues
Special Rapporteur on the human rights of migrants
Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism
Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
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):

From rhetoric to reality: a global call for concrete action against racism, racial discrimination, xenophobia and related intolerance (Africa Group)
Technical assistance and capacity-building in the field of human rights in the Democratic Republic of the Congo (Africa Group)
Question of the death penalty (Benin, Belgium, Costa Rica, France, Mexico, Mongolia, Republic of Moldova, Switzerland)
Special Rapporteur on truth, justice, reparation and guarantees of non-recurrence – mandate renewal (Argentina, Morocco, Switzerland)
Human rights and Indigenous Peoples (Guatemala, Mexico)
Special Rapporteur on the situation of human rights in Afghanistan – mandate renewal (EU)
Special Rapporteur on the situation of human rights in Burundi – mandate renewal (EU)
Working Group on enforced or involuntary disappearances – mandate renewal (Argentina, France, Japan, Morocco)
Implementation of the UN declaration on the rights of peasants and other people working in rural areas (Bolivia)
Technical assistance and capacity-building for Yemen in the field of human rights (Lebanon on behalf of the Arab Group)
Special Rapporteur on Russia – mandate renewal (Luxembourg on behalf of 26 EU countries)
Right to privacy in the digital age (Austria, Brazil, Germany, Liechtenstein, Mexico)
A world of sports free from racism, racial discrimination, xenophobia and related intolerance (Brazil and Africa Group)
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/

Posted in Human Rights Council, Human Rights Defenders, ISHR, Joint Mobile Group, OHCHR | 2 Comments »
Tags: #EndReprisals at the UN, 54th session of the UN Human Rights Council, Abdulhadi Al-Khawaja, Afghanistan, Algeria, Amina al-Abduli, Andorra, Anexa Alfred Cunningham, Bahrain, Burundi, Djibouti, Egypt, Essa al-Nukheifi, Hong Kong, Human Rights Defenders, Israel, Kadar Abdi Ibrahim, Kaddour Chouicha, Maryam al-Balushi, Mohammed Al-Qahtani, Nicaragua, Russia, Saudi Arabia, UEA, Vanessa Mendoza

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/

Posted in films, Human Rights Defenders, ISHR | 2 Comments »
Tags: Camila Zuluaga, Colombia, Human rights defender, Human Rights Defender Advocacy Programme (HRDAP), human rights lawyer, ISHR, profile, video clip, woman human rights defender, You Tube

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.

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Tags: 53rd session of the UN Human Rights Council, Human Rights Defenders, Israeli-occupied territories, joint statement, migrant workers, NGOs, religious intolerance