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No naming and shaming on reprisals at 39th Human Right Council session

October 5, 2018

On my ‘favorite’ topic of reprisals [see e.g.: https://humanrightsdefenders.blog/tag/reprisals/ ] the ISHR reported that for the first time, the Human Rights Council had a chance to have a dialogue on the Secretary-General’s annual report on reprisals on 20 September 2018. Civil society had hoped States would seize this opportunity to denounce States carrying out reprisals against defenders engaging with the UN. Regrettably only one State, Germany, made explicit reference to a case of reprisal in the report. ‘We welcome in particular Germany’s intervention in the dialogue, citing the case of Egyptian lawyer Ibrahim Metwally, detained since October 2017 by the Egyptian authorities’, said Salma El Hosseiny, ISHR Human Rights Council Advocate. ‘This is precisely what we need more of—States having the courage and conviction to stand up for defenders and call out countries that attack and intimidate them. What we see now is defenders dissuaded from engaging because the cost is too high. What we need is for States to turn away from repression and attacks, because the cost to them is too high’.

The senior official on reprisals, Andrew Gilmour [https://humanrightsdefenders.blog/tag/andrew-gilmour/], presented the Secretary-General’s annual report on reprisals during the first ever interactive dialogue with the Human Rights Council. The report catalogues 45 new cases of reprisals, ranging from travel bans and smear campaigns to arbitrary arrests and detention, inhuman treatment, torture, and killing. The ASG made it clear in his presentation that reported cases are just the ‘tip of the iceberg’ and spoke of three significant trends:

(1) the systematic denigration of human rights defenders and civil society organizations as “terrorists”;

(2) reprisals often being disguised as legal, political and administrative measures; and

(3) the use of accreditation and security procedures to hinder people from speaking out at UN headquarters and elsewhere.

ISHR delivered a statement during the session citing cases of reprisals against Chinese defenders not included in the report—Wang Qiaoling, Li Wenzu, Cao Shunli, and Uyghur activist Dolkun Isa—and calling for systematic follow-up by the Council on cases in the report.

‘We are especially concerned, once again, about the high number of Council Members or candidates for Council membership cited in the report, including: Bahrain, Burundi, Cameroon, China, Cuba, Democratic Republic of Congo, Egypt, Hungary, India, Iraq, Japan, Kyrgyzstan, Mexico, Pakistan, Philippines, Rwanda, Saudi Arabia, United Arab Emirates, and Venezuela,’ said El Hosseiny.

Half of the States cited in the report intervened during the dialogue to deny the allegations against them. While a significant number of States engaging in the dialogue supported the mandate to varying degrees and asked the ASG what could be taken to strengthen it, another group questioned the ASG’s methodology. Still others firmly opposed the work of the ASG on reprisals, including China and Cuba. China said it ‘regrets and objects’ to the report and the mechanism, and its use of ‘unproven information’, which it deems an interference with its sovereignty.

A side event organised by ISHR following the dialogue highlighted the urgent need to improve both the physical and digital security of defenders at risk of reprisals, and for States and the OHCHR to take a stronger position on this issue at a time when powerful States are threatening the UN system and its core values. ISHR in particular noted its disappointment with the low number of States in the dialogue that took due note of the allegations in the report, as opposed to attacking the methodology of the report and the reliability of the information.

Watch the statement here: 

Read ISHR’s full statement to the Council here.

https://www.ishr.ch/news/hrc39-l-states-largely-decline-cite-specific-cases-during-councils-first-discussion-reprisals

Posted in Human Rights Council, Human Rights Defenders, ISHR, UN | 1 Comment »
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Nominees for the 2018 Sakharov Prize announced by European Parliament

September 30, 2018

The nominees for the 2018 Sakharov Prize for Freedom of Thought have been announced on 27 September (Nominations can be made by political groups and groups of at least 40 MEPs – remarkable is the more active role played by right-wing groups in the EP, see the last two nominees):

Oleg Sentsov, a Ukrainian film director, convicted to 20 years in prison for “plotting terrorist acts” against the Russian “de facto” rule in Crimea. Amnesty International has described the court process as “an unfair trial before a military court”. He has become a symbol for the approximately 70 Ukrainian citizens illegally arrested and convicted to long prison sentences by the Russian occupation forces in the Crimean peninsula. He has been on hunger strike since May 2018. Nominated by EPP.

NGOs protecting human rights and saving migrant lives across the Mediterranean Sea. Since 2015, NGOs from across the EU have launched search and rescue operations in the Mediterranean to try and save the lives of refugees struggling to reach EU shores. The NGOs are: Boat Refugee Foundation, Jugend Rettet, Lifeline Rescue Boat, Médecins Sans Frontières International, MOAS, Proactiva Open Arms, PROEM-AID, Save the Children, Sea Eye, Sea Watch, and SOS Mediterranée. Nominated by S&D and the Greens/EFA.

Seyran Ateş, a German lawyer of Turkish origin, fighting against political and religious extremism and the oppression of women. She was behind the establishment of the Ibn Rushd Goethe Mosque in Berlin, where men and women can pray together and has received numerous death threats and has to have round the clock protection. She was nominated by ECR, Hans-Olaf Henkel and 40 other MEPs for her “commitment to the protection of human rights and her devotion to a modern and open Islam”.

Caesar is the code name of a former Syrian military photographer who smuggled more than 55,000 pictures out of Syria exposing the war atrocities. Their authenticity is confirmed by the Human Rights Watch. Caesar’s photographs will play a vital role in building criminal and civil cases against those responsible for the crimes documented. Nominated by ALDE.

Nasser Zefzafi is the leader of Hirak, a mass protest movement in the Rif region, Morocco, fighting corruption, oppression and abuse of power. He was arrested in May 2017 and sentenced to 20 years in prison for “conspiracy against the security of the state”. On August 2018, King Mohammed VI pardoned 188 Hirak activists, but Zefzafi was not among them. At the end of August he went on hunger strike to denounce his conditions of detention. Nominated by GUE, Kati Piri, Judith Sargentini, Marie-Christine Vergiat and 39 other MEPs for his fight “against oppression and abuse of power”.

Dewayne Johnson is a former groundskeeper from the US who has just won a landmark case against Monsanto. He was the first person to take Monsanto to trial over allegations that the chemicals sold by the company under the herbicide brand Roundup cause cancer. At the end of the process Dewayne had just months to live, yet he took the stand and described his pain and suffering. Nominated by EFDD as an inspiration “for those afraid to go to court and defend their rights”.

AfriForum is an NGO that aims to protect the rights of minorities in South Africa, with a specific focus on the rights of Afrikaners. It focuses on raising national and international awareness about farm attacks, murders and the expropriation of farm land without compensation, which threatens property rights, food supply and food security. Nominated by ENF.

Mary Wagner is a Canadian activist who has been arrested on multiple occasions and accused of “disturbing the business” of an abortion clinic in Toronto. She remained in prison for not complying with a probation order to stay away from abortion clinics. She was nominated by Marek Jurek and 41 other MEPs for her work “safeguarding the rights of those who cannot speak for themselves”.

The 2017 Sakharov Prize was awarded to the Democratic Opposition in Venezuela.[https://humanrightsdefenders.blog/2017/10/27/european-parliaments-sakharov-prize-awarded-to-venezuela-opposition/]

For more information this award and 2 others with Sakharov in the name: http://trueheroesfilms.org/thedigest

http://www.europarl.europa.eu/news/en/headlines/eu-affairs/20180920STO14024/sakharov-prize-2018-discover-the-nominees

https://www.euractiv.com/section/freedom-of-thought/news/sakharov-prize-nominees-include-ngos-in-the-mediterranean/

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In spite of or because of the US’ absence, the 39th Human Rights Council considered a relative success

September 29, 2018

Civil society organisations welcomed significant outcomes of the Human Rights Council’s 39th session, including the creation of independent investigative mechanism on Myanmar, the renewal of the mandate of the Group of Eminent Experts on Yemen and the Commission of Inquiry on Burundi, and a dedicated space on the Council’s agenda in 2019 to discuss the human rights situation in Venezuela. [see alsohttps://humanrightsdefenders.blog/2018/09/08/many-hrd-issues-at-the-39th-session-of-the-un-human-rights-council/]

In a joint statement, several NGOs (ISHR The African Centre for Democracy and Human Rights Studies (ACDHRS), Amnesty International, Article 19, Center for Reproductive Rights. CIVICUS, DefendDefenders, FIDH, Forum Asia, Human Rights House Foundation (HRHF), Human Rights Watch, International Commission of Jurists) welcomed the Council’s adoption of landmark resolutions on several country situations:

On Myanmar, the creation of the independent investigative mechanism is an important step towards accountability for the horrific crimes committed in Myanmar, as elaborated in the Fact Finding Mission’s report to this session. The overwhelming support for the resolution, notwithstanding China’s shameful blocking of consensus, was a clear message to victims and survivors that the international community stands with them in their fight for justice. 

On Yemen, the Council demonstrated that principled action is possible, and has sent a strong message to victims of human rights violations in Yemen that accountability is a priority for the international community, by voting in favor of renewing the mandate of the Group of Eminent Experts to continue international investigations into violations committed by all parties to the conflict. 

Furthermore, the leadership by a group of States, including Latin American countries, on the landmark resolution on Venezuela, was as an important step for the Council applying objective criteria to address country situations that warrant its attention. The resolution, adopted with support from all regions, sends a strong message of support to the Venezuelan people. By opening up a space for dialogue at the Council, the resolution brings scrutiny to the tragic human rights and humanitarian crisis unfolding in the country.  

The renewal of the mandate of the Commission of Inquiry (CoI) on Burundi will enable it to continue its critical investigation and work towards accountability. However, the Council failed to respond more strongly to Burundi’s record of non-cooperation and attacks against the UN human rights system. [see also: https://humanrightsdefenders.blog/2016/10/26/enough-is-enough-ngos-call-for-burundi-suspension-from-un-human-rights-council/]

The Council also adopted a resolution on Syria, which among other things condemns all violations and abuses of international human rights law and all violations of international humanitarian law committed by all parties to the conflict.

However, on other country situations including China, Sudan, Cambodia and the Philippines, the Council failed to take appropriate action. 

On Sudan, the Council adopted a weak resolution that envisions an end to the Independent Expert’s mandate once an OHCHR office is set up; a “deal” Sudan has already indicated it does not feel bound by, and which is an abdication of the Council’s responsibility to human rights victims in Sudan while grave violations are ongoing. At a minimum, States should ensure the planned country office monitors and publicly reports on the human rights situation across Sudan, and that the High Commissioner is mandated to report to the Council on the Office’s findings.  

The Council failed to take action on the Philippines, in spite of the need to establish independent international and national investigations into extrajudicial killings in the government’s ‘war on drugs’, and to monitor and respond to the government’s moves toward authoritarianism. 

In addition, the Council continued with its weak response to the deepening human rights and the rule of law crisis in Cambodia, failing to change its approach even when faced with clear findings by the Special Rapporteur demonstrating that the exclusive focus on technical assistance and capacity building in the country, is failing.

Many States, NGOs and the High Commissioner, raised concerns about China’s human rights record, specifically noting serious violations of the rights of Uyghurs and other predominantly Muslim minorities in Xinjiang province. It is regrettable that States did not make a concrete and collective call for action by China to cease the internment of estimates ranging up to 1 million individuals from these communities. 

On thematic resolutions, the Council adopted by consensus a resolution on equal participation in political and public affairs, as well as a resolution on the safety of journalists. The latter sets out a clear roadmap of practical actions to end impunity for attacks.  

The Council also adopted by consensus a resolution on preventable maternal mortality and morbidity and human rights in humanitarian settings. Women and girls affected by conflict have been denied accountability for too long. The implementation of this resolution will ensure that their rights, including their sexual and reproductive health and rights, are respected, protected and fulfilled. 

Finally, the Council’s first interactive dialogue on acts of reprisals and intimidation was an important step to ensure accountability for this shameful practice. More States need to have the courage and conviction to stand up for human rights defenders and call out countries that attack and intimidate them. [https://humanrightsdefenders.blog/tag/reprisals/]

Read the full statement here.

Posted in Amnesty international, HRW, Human Rights Council, ICJ, ISHR | 1 Comment »
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Justice’s law firm exists 60 years In Geneva

September 28, 2018

The International Commission of Jurists (ICJ) celebrates its 60th year in Geneva.

2018 marks the 60th anniversary of the ICJ’s move to Geneva thanks to the Swiss jurist Jean-Flavien Lalive, who was ICJ’s Secretary General in 1958. This makes the ICJ one of the earliest international organizations to establish its headquarters in Geneva. DISCLAIMER: I worked for the ICJ from 1977-1982. The ICJ was at that time a small organisation with less than 10 persons including the interns. As Executive Secretary – the grandiose title belied my real position as the personal assistant of the impressive Secretary General Niall MacDermot. Still, then as now the ICJ plays a preeminent role as a non-governmental organization seeking to defend human rights and the rule of law worldwide.

The ICJ will mark this event with two major initiatives:

  • A visibility campaign from 26th September to 9th October: the TV screens on the Geneva public transport network and five vehicles will carry the slogan “Global Advocates for Justice and Human Rights – 60 years in Geneva”
  • The launch of the “60th Anniversary Appeal” to all lawyers in the Republic and canton of Geneva to support the ICJ and, in turn, their less privileged colleagues, victims of persecution on five continents.

“Geneva can be proud of its image as the world human rights capital. It is a beacon for justice advocates around the world. We must continue to make it shine,” said Sam Zarifi, Secretary General of the ICJ. “Through its 60-year history, the ICJ has contributed significantly to Geneva’s human rights record: the campaigns that led to the creation of the post of UN High Commissioner for Human Rights in 1993 and the UN Human Rights Council in 2006, as well as the adoption of the United Nations Convention against Torture in 1984 are some emblematic examples,” said Olivier Coutau, Head of La Genève Internationale.

The international reputation of the ICJ rests on these pillars:

  • 60 Commissioners – eminent judges and lawyers – from all regions of the world and all legal systems – with unparalleled knowledge of the law and human rights;
  • Cooperating with governments committed to improving their human rights performance;
  • Effective balance of diplomacy, constructive criticism, capacity building, and if necessary, ‘naming and shaming’;
  • Unmatched direct access to national judiciaries, implementing international standards and improved legislation impacting millions;
  • Guiding, training and protecting judges and lawyers worldwide to uphold and implement international standards (e.g.in 2018, the ICJ provided local trainings on five continents to assist 4,300 judges, lawyers and prosecutors strengthen their ability to protect and promote fundamental rights)
  • Working for access to justice for victims, survivors and human rights defenders, in particular from marginalized communities;
  • Following a strict result based management in project delivery.

The ICJ has been awarded, during its long history, some of the most prestigious international awards: the Council of Europe Human Rights Prize, the United Nations Award for Human Rights, Erasmus Prize, Carnegie Foundation Wateler Peace Prize.

https://www.icj.org/global-advocates-for-justice-and-human-rights-the-icj-60-years-in-geneva/

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Human Rights lawyer Louis Blom-Cooper died 19 September 2018

September 27, 2018

Louis Jacques Blom-Cooper, lawyer and writer, born 27 March 1926; died 19 September 2018. Blom-Cooper was involved in the foundation of Amnesty International in 1961, supporting Peter Benenson‘s idea for an appeal for amnesty for political prisoners. He was also a Patron of Prisoners Abroad a registered charity which supports Britons who are held overseas, and was a trustee of the Howard League for Penal Reform. He was a fighter against the death penalty.

published an obituary on the Guardian of 20 September 2018 of this “Trailblazing lawyer who was a champion of prison reform and a fearless campaigner against the death penalty”:

….

The enduring value of Louis’s work is likely to lie in his campaigning, supported by astute legal scholarship, against the death penalty, his contribution to the foundation of Amnesty International and his lifelong championship of the cause of penal reform and prisoners’ rights. For half a century he was a courageous advocate, a controversial legal author and journalist, a deputy high court judge and a forthright and radical chairman of numerous public inquiries and bodies. A man of extraordinarily wide intellectual interests, he was generous in his encouragement of younger lawyers and his availability and accessibility to his many prisoner clients.

Louis Blom-Cooper in 2015. He was a prolific, informed and provocative legal journalist, writing for the Guardian and the Financial Times
Pinterest
Louis Blom-Cooper in 2015. He was a prolific, informed and provocative legal journalist, writing for the Guardian and the Financial Times

Born in London, Louis was the son of Alfred Blom-Cooper, a fruit and vegetable trader, and his wife Ella (nee Flesseman), who lived in Mill Hill. After attending Port Regis school in Dorset and Seaford college in West Sussex, Louis joined the East Yorkshire Regiment towards the end of the second world war (1944-47). He studied law at King’s College London, Fitzwilliam College, Cambridge, and the Municipal University of Amsterdam, where he obtained his doctorate in 1954.

He retained a spirit of inquiry in writing numerous challenging books on the death penalty, penal reform and murder law, notably the imposition of a mandatory life sentence for murder. But he also argued for the abolition of the jury system, because it did not give the convicted offender any reasons for his conviction.

….He was the first to argue for the extension of the principles of natural justice or fairness to the field of immigration and asylum law in cases such as that of the American journalist Mark Hosenball, deported in 1977 as a security risk after revealing the existence of GCHQ in a magazine article. ..

Most of all, Louis was a leading proponent of a general duty to state reasons in administrative law and made a judgment to that effect in his capacity as a high court judge. Rejected at the time as too advanced a position, the duty to give reasons for executive decisions has now been widely accepted.

….

As chairman of the Press Council (1989-90), he supported the principle that there should be a requirement that newspapers accord a right of reply to those they attacked. He also called for a law against the invasion of privacy, introduced changes to give complainants a better hearing and speed up adjudications, and also introduced a code of practice for newspapers. But it proved to be too little, too late.

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Iranian Human Rights Defenders in trouble

September 27, 2018
On 21 September 2018 the Observatory for the Protection of Human Rights Defenders (FIDH/ OMCT) petitioned the United Nations Working Group on Arbitrary Detention (WGAD) to seek the release of Iranian human rights lawyer Ms. Nasrin Sotoudeh. Ms. Nasrin Sotoudeh, a prominent defender and 2012 laureate of the European Parliament’s Sakharov Prize, was arrested on June 13, 2018 at her home in Tehran. [see: https://humanrightsdefenders.blog/2018/08/30/human-rights-defender-nasrin-sotoudeh-on-hunger-strike-in-iran/ ].. On September 16, 2018, Ms. Sotoudeh was informed that she would be denied her family visitation rights if she and her female visitors – including her daughter – did not wear a full hijab. Ms Sotoudeh has refused the condition and was denied the right to see her daughter on September 17, 2018.
The Observatory urges the Iranian authorities to immediately and unconditionally release Ms. Sotoudeh and to cease all acts of harassment and other abuses against her and all human rights defenders in Iran, in accordance with the provisions of the United Nations Declaration on Human Rights Defenders and with international human rights standards and international instruments to which Iran is a State party.

The semi-official ISNA news agency reported on Thursday 27 September that another human rights defender, Narges Mohammadi, has been granted a three-day leave from prison to visit her ailing father.

However, the recent terror attack in Iran may be expected to prompt the Guards to compensate by cracking down on domestic detractors and perceived opponents of their mission of defending and principles of the Islamic revolution. Certainly, some prominent figures within the Iranian activist and expatriate communities have been quick to raise alarms about the likelihood of this outcome. For instance, the Center for Human Rights in Iran quoted the Iranian human rights activist and Nobel Peace laureate Shirin Ebadi as saying of last Saturday’s attack, “Such actions lead to the justification of state violence and the arrest of many opponents in the name of fighting terrorism.” Meanwhile activists echoed the sentiment, saying, “Terrorism and violence in any form should be condemned in the strongest terms [but] such acts of violence should not become an excuse for state violence to suppress peaceful opposition.”

https://www.fidh.org/en/issues/human-rights-defenders/iran-the-observatory-petitions-un-body-over-the-ongoing-detention-of

https://www.france24.com/en/20180927-iran-rights-activist-out-three-day-prison-leave

https://irannewsupdate.com/news/human-rights/5353-more-warnings-of-possible-crackdown-by-revolutionary-guards-after-terror-attack.html

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Eswatini or Swaziland? As long as human rights defenders can do their work…

September 21, 2018

Eswatini (formerly Swaziland) saying that it must bring an end to the long record of human rights violations that have blighted the country for more than four decades. The Southern African kingdom – which is under the near total control of King Mswati – has a longstanding record of human rights violations, including the routine suppression of the rights to freedom of expression, association and peaceful assembly, as well as widespread forced evictions. Swazis will today elect new members of parliament that will form the new government for the next five years.

“This election represents a golden opportunity for an incoming government to comprehensively address longstanding human rights issues,” said Deprose Muchena, Amnesty International’s Regional Director for Southern Africa.

On 8 August 2017, King Mswati approved the Public Order Act, imposing far-reaching restrictions on organizers of public gatherings. The Act also failed to provide mechanisms to hold law enforcement officials accountable for their use of unnecessary or excessive force against protesters or public gatherings. The government continues to ban opposition parties, while political activists are regularly put in jail for trying to organize and speak out against the status quo. Eswatini will only become a thriving nation when human rights are respected for all, without discrimination, added Deprose Muchena.

See also my: https://humanrightsdefenders.blog/2015/07/02/swaziland-ngo-welcomes-release-of-hrds-with-new-hope-for-independence-of-the-judiciary/

https://www.amnesty.org/en/latest/news/2018/09/eswatini-next-government-must-seize-opportunity-to-end-suppression-of-human-rights/

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High Commissioner, please put human rights defenders up front

September 20, 2018

In a briefing paper for the new UN High Commissioner for Human Rights, Michelle Bachelet, ISHR has set out ten concrete and practical ways in which the High Commissioner and her Office can contribute to protecting human rights defenders and promoting a safe and enabling environment for their work at the international and national-levels.

‘Supporting and empowering these defenders – and protecting them against those governments, corporations and fundamentalists whose currency is prejudice, profit or privilege – should be the new High Commissioner’s highest priority. She should consult closely with defenders, speak out and pursue accountability when they are attacked, push for laws and mechanisms to protect them at the national level, and ensure that the UN human rights system is safe, accessible and effective for them,‘ ISHR Director Phil Lynch said.

The ISHR briefing paper complements a broader civil society letter supported by more than 750 civil society [https://humanrightsdefenders.blog/2018/09/08/civil-society-sends-letter-to-new-high-commissioner-for-human-rights-bachelet/].

Recommendations for the High Commissioner to support human rights defenders

  1. Be proactive in regularly consulting and working in partnership with human rights defenders and other independent civil society actors.
  2. Make clear and regular statements on the essential role played by human rights defenders and the need to ensure they can work in a safe and enabling environment without fear or hindrance, acknowledging the protection needs of particular groups of defenders.
  3. Speak out and demand accountability on cases of threats, attacks and reprisals against human rights defenders, including by calling for and supporting impartial investigations, prosecution of perpetrators, and effective remedies for victims.
  4. Push and work with States to fulfil the commitments laid out in the UN Declaration on Human Rights Defenders, including through repealing restrictive legislation and developing specific laws, policies and mechanisms to protect defenders.
  5. Establish a comprehensive set of indicators to assess State fulfilment of human rights obligations related to human rights defenders, which could be used as an evidentiary basis for assessing compliance.
  6. Build strategic alliances with States, civil society, academics, business enterprises and other actors with a shared interest in human rights, ensuring an enabling environment for civil society and respect for the rule of law.
  7. Define an operating procedure at OHCHR to ensure that all offices establish and apply minimum standards in regard to their work on and with human rights defenders.
  8. Encourage the Secretary General to carry out a full audit of UN work on human rights defenders and to develop an organisation-wide policy on supporting and protecting defenders. More generally, work closely with the Secretary-General to ensure that all UN agencies contribute to, and coordinate on, the protection of defenders and ensuring an enabling environment for their work.
  9. Encourage the development and implementation of an effective UN-wide policy on preventing and addressing reprisals and strongly support continuation and adequate resourcing of the mandate of the UN Senior Official on reprisals.
  10. Work to ensure that UN human rights bodies and mechanisms are accessible, effective and protective for human rights defenders, in particular by ensuring that any reform efforts are informed by the full and meaningful participation of civil society. Strong leadership from the High Commissioner is essential to ensure that the process to strengthen the Treaty Bodies in 2020, and the General Assembly mandated status review of the Human Rights Council in 2021, are underpinned by these principles.

http://www.ishr.ch/news/high-commissioner-put-human-rights-defenders-front

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List of side events re HRDs at the 39th session of the UN Human Rights Council

September 19, 2018

A bit late, here the promised selection of side events at the 39th session of the UN Human Rights Council [https://humanrightsdefenders.blog/2018/09/08/many-hrd-issues-at-the-39th-session-of-the-un-human-rights-council/]. I only list those that are most relevant to human rights defenders. With apologies for those that have already taken place but it allows you to contact the organizers for any reports:

  • Shared Space under Pressure launch of guidance document on business support for civic freedoms and human rights defenders is an event organised by ISHR and took place on 17 September from 13:30 to 14:30 in Room XXVII. The panelists will present and discuss a new publication by the Business Network on Civic Freedoms and Human Rights Defenders, which provides concrete advice to companies on how to protect human rights defenders.
  • Ending reprisals: Discussion with human rights defenders and experts. The event will highlight the nature and extent of reprisals and intimidation for those cooperating with the UN, discuss and expand on the Secretary General’s report on cooperation with the UN and consider efforts to date to address reprisals as well as ways to further develop and strengthen policies to prevent and address reprisals. It will take place on 20 September from 10:00 to 11:00 in Room XXV.
  • Accountability and the need to end impunity for human rights violations in Yemen: Human rights defenders including bloggers, Internet activists and journalists at extreme risk of persecution is an event organised by the Gulf Center for Human Rights and co-sponsored by ISHR, CIVICUS and FIDH. It took place on 10 September from 12:00 to 13:00 in Room XXIV.
  • Saudi Arabia’s 3rd Cycle UPR: a Refusal to Reform is an event organised by Americans for Democracy and Human Rights in Bahrain. It will review the Kingdom’s human rights record over the past five years, taking a look at some of the recommendations offered during the previous cycle in October 2013 that have gone unfulfilled, from women’s rights to capital punishment, torture to the lack of a written penal code, and human rights defenders and civil society. It took place on 11 September from 12:00 to 13:00 in Room XXIII.
  • Gross human rights violations in Myanmar: options for international criminal accountability is an event organised by the International Commission of Jurists (ICJ), Human Rights Watch and Amnesty International and took place on 13 September at 12:00 in  Room XXVII. The discussion will focus on means of documenting violations, possible evidence-gathering mechanisms and the role of the International Criminal Court.
  • Burundi: ending the crisis and paving the way for accountability is an event organised by DefendDefenders in collaboration with a range of Burundian and international partners including ISHR. It will highlight ongoing grave violations in Burundi, lack of domestic accountability, and the need to renew the mandate of the Commission of Inquiry (CoI) on Burundi to avoid a monitoring and reporting gap and to prepare for accountability at the international level took place on Thursday 13 September from 13:00-14:00 in Room XXIV.
  • Bridging the gap: HRC resolutions and the human rights situation in Sudan will examine Sudan’s human rights and humanitarian situation and the last UN Human Rights Council resolutions, which have failed to adequately reflect it. During this side event organised by DefendDefenders, panelists will discuss Sudan’s record, ongoing violations and abuses, and what the HRC needs to do to fulfil its mandate and prioritize the rights of all Sudanese. It took place on Friday 14 September from 14:00-15:00 in Room XXIV.
  • Women’s Access to Justice is an event organised by the International Commission of Jurists (ICJ) and took place on 17 September at 14:00 in  Room XXIV. The discussion will focus on how to implement a women-centred approach in strengthening access to justice, considering ways to ensure that gender issues are robustly integrated into human rights investigations and judicial mechanisms and implemented by the actors operating within these areas. The discussion will draw on themes relevant to the annual discussion on the integration of a gender perspective taking place on 24 September.
  • Human Rights in Myanmar is an event organised by Forum Asia on 17 September from 10:00 to 11:00 in Room XXV. Human rights defenders from Myanmar presented their perspectives on the findings of the report of the Independent International Fact-Finding Mission on Myanmar, and key recommendations for the UN Human Rights Council.
  • From Documenting Violations to Preparing for Prosecutions: How can the UN respond effectively to crimes under international law in situations of crisis? is an event organised by the International Commission of Jurists (ICJ) and the Permanent Mission of the Netherlands and will take place on 18 September at  15:30 in Room XXII. The discussion will focus on why the Council and other international bodies need to move quickly to preserve evidence of crimes under international law, and options for doing so, with the International Impartial and Independent Mechanism (IIIM) for Syria, and the Commission on Human Rights in South Sudan, as examples to inform possible future mechanisms or a permanent standing mechanism.
  • Crisis in the DRC: a country-wide perspective is an event organised by CIVICUS that will take place on 18 September. The exact time and room will be announced soon.
  • Human Rights in Cambodia is an event organised by Forum Asia on 19 September from 10:00 to 11:00 in Room XXV. Civil society will discuss the closure of civic space in Cambodia following the July 2018 national elections, which have been widely condemned as neither free nor fair, as well as what the UN Human Rights Council should do to respond to attacks on civil society and the degradation of democratic freedoms.

States and NGOs are holding a lot more side events. You can download the list of State events here and NGO events here.

https://www.ishr.ch/news/hrc39-key-issues-agenda-september-2018-session

 

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How can companies take concrete actions to protect human rights defenders?

September 19, 2018

Published a few days ago by the Business & Human Rights Resource Centre and the International Service for Human Rights, this new guidance was commissioned by the Business Network on Civic Freedoms and Human Rights Defenders, seeking to encourage companies to focus on an increasingly inescapable agenda.

‘Shared space’ under pressure

..Data from around the world shows there is a concerted attack in many countries on the essential freedoms and the rule of law on which business and civil society depend. And the defenders and organisations who expose the risk of abuse by companies in their operations and supply chains are under particular attack. Business and civil society operate in and benefit from a ‘shared space’ defined by common, fundamental elements. The rule of law and freedom of expression, association and assembly are essential to the realisation of all human rights, to good governance and accountable institutions. These elements are also critical to stable, profitable and sustainable business environments in which companies thrive and economies prosper. Yet this shared space is as much an ideal as it is a reality.

The strength of the shared space is tested by a history and legacy of mistrust between elements of civil society and business, especially between multinational corporations in certain industries and local communities in the Global South. This mistrust is reflected in actions, whether intentional or inadvertent, by individual companies and even entire industries to undermine civic freedoms and to undercut human rights defenders. It shows up in conflicts and confrontations in almost every region. Yet standards and practices have evolved over the last two decades to encourage or require companies to respect human rights – however incompletely and inconsistently. Moreover, engagement and consultation of companies with local communities and stakeholders are leading to solutions in conflicts in ways that encourage further progress. ‘The time is now for responsible business to act to defend civic freedoms and protect human rights defenders’, said Michael Ineichen, Programme Director at ISHR…

Guidance for companies

But why, when and how should business engage on this urgent agenda? This guidance represents a major step forward towards business action. It is a practical guide to realistic action by responsible companies, investors, industry associations and business leaders. It is informed by pragmatism and the principles of freedom and fair play. It is also the result of over 90 interviews with business leaders, investors, civil society advocates and other international experts who gladly offered their insights.

The document elaborates on why business should be compelled to join civil society and human rights defenders in resisting the crackdown on their work by:

  • Providing the complementary normative framework, business case and moral considerations which all encourage companies to support civic freedoms and defenders under threat;
  • Elaborating on the main elements of the business case to protect defenders, namely the business interest to secure the shared space, to manage operational and reputational risks, to build competitive advantage, and to secure a social license to operate;
  • Outlining a decision framework that is both analytical and operational to determine whether and how to act in various circumstances.

Authored by Bennett Freeman, a leader and innovator in the business and human rights  field for two decades, the guidance intends to further push the thinking and debate on how we can forge new alliances to counter the attacks on civic freedoms and human rights defenders and hold open these precious shared spaces. The Business & Human Rights Resource Centre and the International Service for Human Rights look forward to deeper and more powerful collaboration with business and stronger alliances with civil society partners through the publication of this guidance.

Download the full guidance – Shared space under pressure: business support for civic freedoms and human rights defenders

Download an executive summary – Shared space under pressure: Executive Summary

see also: https://humanrightsdefenders.blog/2017/03/09/2017-9-business-can-be-better-allies-of-human-rights-defenders/

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