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Human Rights Defenders and the 44th session of the UN Human Rights Council

June 25, 2020

The ISHR published on 24 June its usual and irreplacable “HRC44 – Key issues on agenda of June 2020 session”

As usual I have lifted out of this the issues that would seem to affect most directly Human Rights Defenders. To stay up-to-date on all issues: follow @ISHRglobal and #HRC44 on Twitter, and look out for its Human Rights Council Monitor.

The UN Human Rights Council (the Council) will hold its 44th regular session at Palais des Nations in Geneva from 30 June to 21 July 2020.

Modalities for participation in HRC44

State delegations not wishing to enter the plenary room physically will be able to deliver their statements by pre-recorded video-message, as provided for under HRC decision 19/119. Similarly, NGOs in consultative status with ECOSOC will be given the opportunity to do the same insofar as interactive dialogues, panels and UPR adoptions are concerned. It won’t be possible to hold “official” side events during the 44th session (online or in-person). Any events happening on the sidelines of the session will be considered independent events and won’t be publicised in the Bulletin of Informal meetings by the Secretariat. Read here the information note by the Secretariat which is updated according to the latest information, and an additional explainer by HRC-net.  

Human Rights implications of COVID-19

The High Commissioner will present an oral update on the human rights impact of COVID-19 at the 44th session, as mandated by the presidential statement adopted by the Council in May 2020. The presidential statement also calls on the High Commissioner to produce a report on the impact of the COVID-19 pandemic on the enjoyment of human rights around the world to be presented at the 46th session in March 2021. In addition to their previously mandated reports, some mandateholders will present additional reports to address the impact of COVID-19 as related to their mandate, including the Special rapporteur on freedom of opinion and expression, David Kaye.  [for some of my earlier posts on covid and human rights see: https://humanrightsdefenders.blog/tag/covid-19/]

Here are some highlights of the session’s thematic discussions:

Business and human rights

At this session, the Working Group on Business and Human Rights is expected to present reports on their activities over 2019, including a country visit to Honduras and on the theme of anti-corruption and the UN Guiding Principles (UNGPs). They are also meant to present groundbreaking guidance on human rights defenders and the role of business. ISHR expects that such guidance should provide companies with concrete suggestions for how to engage human rights defenders in the development and implementation of their human rights policies. It is important that the guidance explains why this is not simply good practice, but is also aligned with the Guiding Principles’ word and spirit – and thus should be widely mainstreamed for any company committed to the UNGPs.  There will tentatively be a resolution presented to renew the mandate of the UN Working Group on Business and Human Rights, as well as to welcome the thematic reporting.

Sexual orientation and gender identity 

ISHR joined a coalition of 187 organisations to draw the attention of the Human Rights Council to the situation of LGBTI persons and those who defend their rights in the context of the COVID-19 pandemic outbreak. In line with the call to action signed by 96 human rights experts, organisations working for the protection of the human rights of persons of diverse sexual orientation, gender identity and expression and sex characteristics (SOGIESC) globally urged States and stakeholders to ensure that this public health emergency will neither exacerbate existing prejudices, inequalities or structural barriers, nor lead to increased violence and discrimination [see: https://humanrightsdefenders.blog/2020/06/11/coalition-of-187-global-organisations-issues-joint-statement-re-the-impact-of-covid-19-pandemic-on-lgbti/]

Reprisals

Reports of cases of intimidation and reprisal against those cooperating or seeking to cooperate with the UN not only continue, but grow. Intimidation and reprisals violate the rights of the individuals concerned, they constitute violations of international human rights law, and undermine the UN human rights system. [agains for earlier posts see: https://humanrightsdefenders.blog/tag/reprisals/]

During the 42nd session, the Council adopted a resolution which listed key trends such as the patterns of reprisals, increasing self-censorship, as well as the use of national security arguments and counter-terrorism strategies by States as justification for blocking access to the UN. The resolution acknowledged the specific risks to individuals in vulnerable situations or belonging to marginalised groups, and called on the UN to implement gender-responsive policies to end reprisals. The Council called on States to combat impunity and to report back to it on how they are preventing reprisals, both online and offline.

Item 5 of the Human Rights Council’s agenda provides a key opportunity for States to raise concerns about reprisals, and for governments involved in existing cases to provide an update to the Council on any investigation or action taken toward accountability to be carried out.

Other thematic reports :

At this 44th session, the Council will discuss a range of civil, political, economic, social and cultural rights through dedicated debates with the mandate holders, including interactive dialogues with:

The Working Group on the issue of human rights and transnational corporations and other business enterprises  (includes recommendations from 2019 visit to Peru)

The Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance 

The Special Rapporteur on extrajudicial, summary or arbitrary executions 

The Special Rapporteur on the rights to freedom of peaceful assembly and of association 

The Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression 

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

  • The Special Rapporteur on trafficking in persons, especially women and children 
  • The Special Rapporteur on the independence of judges and lawyers 
  • The Special Rapporteur on the human rights of migrants 
  • The Working Group on discrimination against women and girls 
  • The Special Rapporteur on the human rights of internally displaced persons 
  • The Special Rapporteur on violence against women, its causes and consequences 
  • The Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity 

#HRC44 | Country-specific developments

China (Hong Kong and Uyghur regions)

Violations in China, especially those linked to freedom of association, were made even more clear during the government’s efforts to respond to the COVID-19 epidemic. …..States should ensure continued calls for access to UN human rights experts, in line with last year’s joint letter condemning China’s suppression of minorities. Finally, following nearly a year of protests – largely of peaceful civilians –  the central government in Beijing launched an initiative to draft and pass National Security Legislation in Hong Kong. This alarming development was foreshadowed by increasing police violence and use of chemical weapons; the arrest and political prosecution of more than a dozen pro-democracy leaders; and further restrictions on the free press. Many activists, and the European Parliament, are calling for UN Secretary-General António Guterres to appoint an envoy, rightly recognising that China’s actions violate international agreements aimed at ensuring peace and security.

United States of America

Last week, the Council held an urgent debate and adopted a resolution in reaction to systemic racism and police violence in the US and elsewhere. The UN Special Rapporteur on contemporary forms of racism and the UN Working Group on Experts on People of African Descent had also voiced their support for an international commission of inquiry. They have urged the Human Rights Council to ensure the following outcomes from the debate: (1) the creation of an international commission of inquiry to investigate systemic racism in law enforcement in the United States; and (2) the creation of a thematic international commission of inquiry to investigate systemic racism in law enforcement globally, with a focus on systemic racism rooted in legacies of colonialism and transatlantic slavery. They stressed that “both measures described above are necessary and cannot be substituted for one another”.

Saudi Arabia

Women human rights defenders (WHRDs) have been in prison for over two years, only because they demanded that women be treated equally as men, and no one has been held accountable for their torture. While the Council has sustained pressure on Saudi Arabia in 2019, it is essential that this scrutiny continues as the situation on the ground has not improved. ISHR calls on all States to jointly call on Saudi Arabia to immediately and unconditionally release the WHRDs and drop the charges against them; and implement the bench-marks set out in the two joint statements delivered by Iceland and Australia in 2019, underlining that should these benchmarks not be met, more formal Council action would follow.

Saudi Arabia is running for Human Rights Council election in October 2020 and hosting the G20 in November 2020. These all provide windows of opportunity to push for the immediate and unconditional release of the women human rights defenders and all those detained for exercising their rights. 

Nicaragua

The COVID-19 crisis has not prevented the Nicaraguan government from making further use of repressive methods to continue targeting released political prisoners, human rights defenders, as well as indigenous people and other social groups, and their relatives. In a rapidly-deteriorating human rights situation, the authorities’ dangerous denial and inaction in the face of the pandemic have additionally fueled an alarming health crisis.

It is in this context that Council Members renewed a resolution on Nicaragua this week at the resumed 43rd session of the Human Rights Council. ISHR joined Race and Equality and a number of national and international organisations in urging the Council to ensure strong support for the resolution on the human rights situation in Nicaragua. To ensure the international community is fully informed of the worsening national situation, the resolution requests the High Commissioner to prepare a report and two oral updates, the first of which should be presented at the Council’s 44th session.

Honduras

The Working Group on Business and Human Rights will present the report on its official visit to Honduras (carried out between the 19 and 28 August 2019). …According to the end of mission statement, a significant number of human rights defenders who work for the respect and protection of human rights in the context of business activity have been arbitrarily arrested, intimidated, stigmatised, criminalised, threatened and some killed.

This was particularly evident in reference to those working in the field of extractive and hydro-electric industries.  The murder of leading land,environment and indigenous peoples´ rights defender Berta Cáceres, who had been campaigning against the construction of the Agua Zarca dam, is one case cited where impunity is ongoing.  Individuals responsible for the killing have been tried and jailed. However, those suspected of planning the crime, including senior management from the company building the dam (DESA) according to the independent mission of experts GAIPE, have not been investigated or prosecuted. [see also: https://humanrightsdefenders.blog/2020/06/10/nina-lakhanis-who-killed-berta-caceres-reviewed/]. Another Special Procedure expert – the Special Rapporteur on the independence of judges and lawyers – will also be presenting a report on its official visit to Honduras in August 2019. After completion of the visit, he called on Honduras to take urgent action to end corruption and guarantee an independent judiciary, stressing that ‘the justice system, as well as the political class’ are being ‘called strongly into question by the citizens’.

Burundi

The Commission of Inquiry on Burundi will present its oral briefing during the 44th session of the HRC. ISHR continues to remain highly concerned about the human rights situation in Burundi and its refusal to cooperate with the Council’s mechanisms.

Egypt

Seven UN experts have expressed concern about the collective and corrosive effects of Egypt’s counter-terrorism laws and practices on the promotion and protection of human rights. They stated that “Despite repeated communications by UN experts over arbitrary detention of individuals, human rights defenders and activists, the Egyptian Government has not changed its laws of practice”. The ‘Terrorism Circuit courts’ in Egypt, are enabling pre-trial detention as a form of punishment including against human rights defenders and journalists, such as Ibrahim Metwally, Mohamed El-Baqer and Esraa Abdel Fattah, Ramy Kamel, Alaa Abdel-Fattah, Patrick Zaky, Ramy Shaat, Eman Al-Helw, Solafa Magdy and Hossam El-Sayed. All of the individuals that the Special Procedures and the High Commissioner have written about since September 2019 are still in pre-trial detention by these courts. Once the terrorism courts resumed after they were suspended due to COVID-19, they renewed their detention retroactively.

The government’s response to the UPR in March 2020 demonstrated its lack of political will to address key concerns raised by States and to engage constructively with the Council. For example, the government refused to acknowledge the systematic and widespread attacks against defenders, the practice of torture and ill-treatment in detention centres, and to receive visits by Special Rapporteurs on torture and human rights defenders. The government claimed that no one is detained for exercising their rights, despite the fact that the UN Working Group on Arbitrary Detention found that arbitrary detention is a systematic problem in Egypt and could constitute a crime against humanity.

ISHR urges States to call on Egypt to immediately and unconditionally release all those detained for exercising their human rights, to stop using pre-trial detention as a punishment, and to take immediate measures to guarantee their rights to contact their families on a regular and continuous basis and to ease sending and receiving letters, food and medical supplies to them.

Philippines 

The OHCHR issued its report (A/HRC/44/22) on the human rights situation in the Philippines, drawing on extensive engagement with and information provided by civil society in the country, the region and globally. The report refers to the killing of 208 human rights defenders, journalists and trade unionists, including 30 women, between January 2015 and December 2019. Confirming practices of vilification, criminalisation, restrictions of fundamental rights, as well as the continuing attacks including ‘red-tagging,’ the report notes existing impunity and the failure of domestic mechanisms to ensure accountability. The presentation of this report provides an important opportunity for debate on the key findings, and to consider options for how to advance recommendations to address the government’s violations of human rights overall, and restrictions on human rights defenders in particular.

See also: https://humanrightsdefenders.blog/2020/06/05/how-a-philipines-website-does-the-reporting-on-the-un-findings-on-human-rights-violations/

Other country situations:

The Council will hold an interactive dialogue on the High Commissioner’s annual report on 2 July 2020. The Council will consider reports on 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 with the High Commissioner on the human rights situation of Rohingya people 
  • Enhanced Interactive Dialogue with the High Commissioner on the situation of human rights in the Philippines 
  • Interactive Dialogue with the SR on the situation of human rights in Eritrea
  • Oral update by the High Commissioner on the situation of human rights in Nicaragua
  • Interactive Dialogue with the SR on the situation of human rights in Belarus 
  • Interactive Dialogue with the High Commissioner on the situation of human rights in the Bolivarian Republic of Venezuela
  • Interactive Dialogue with the Commission of Inquiry on Burundi 
  • Interactive Dialogue with the SR on the situation of human rights in Myanmar 
  • Interactive Dialogue with the Commission of Inquiry on the Syrian Arab Republic 
  • Interactive Dialogue with the SR on the situation of human rights in the Palestinian Territories occupied since 1967 
  • Enhanced ID on the oral reports of the Government of the Sudan and OHCHR on progress towards the opening of a country office 
  • Oral update of the High Commissioner on cooperation with Georgia 

Adoption of Universal Periodic Review (UPR) reports

During this session, the Council will adopt the UPR working group reports on Armenia, Grenada, Guinea, Guinea-Bissau, Guyana, Kenya, Kiribati, Kuwait, Kyrgyzstan, Lao People’s Democratic Republic, Lesotho, Spain, Sweden, and Turkey.

ISHR supports human rights defenders in their interaction with the UPR. We publish and submit briefing papers regarding the situation facing human rights defenders in some States under review and advocate for the UPR to be used as a mechanism to support and protect human rights defenders on the ground. This session of the Council will provide an opportunity for Turkey, Kuwait and Guinea  to accept recommendations made in relation to human rights defenders, as proposed in ISHR’s briefing papers.

#HRC44 | Council programme, appointments and resolutions

During the organisational meeting for the 44th session held on 12 and 15 June 2020, the President of the Human Rights Council presented the programme of work. It includes five panels of discussion and 81 reports. States also announced at least 17 resolutions. 

Appointment of mandate holders

The President of the Human Rights Council has proposed candidates for inter alia the Special Rapporteur on freedom of opinion and expression and the Special Rapporteur on trafficking.

Resolutions to be presented to the Council’s 44th session

At the organisational meeting the following resolutions were announced (States leading the resolution in brackets) especially relevant:

  1. Elimination of discrimination against women (Colombia, Mexico)
  2. Human rights situation in Eritrea (Australia, Austria, Belgium, France, Germany, Netherlands) mandate renewal 
  3. Business and human rights (Norway, Russian Federation, Ghana, Argentina) Working Group + Accountability and Remedy project mandate renewals
  4. Extrajudicial, summary or arbitrary executions (Sweden) mandate renewal
  5. Human rights and climate change (Bangladesh, Philippines, Viet Nam)
  6. Independence and impartiality of the judiciary, jurors and assessors, and the independence of lawyers  (Hungary, Australia, Botswana, Maldives, Mexico, Thailand) + mandate renewal
  7. Trafficking in persons, especially women and children (Germany, Argentina, Philippines) + mandate renewal 
  8. Freedom of opinion and expression: access to information (Canada, Namibia, Brazil, Fiji, Netherlands, Sweden) 
  9. Rights of persons with disabilities (Mexico, New Zealand) mandate renewal 
  10. The human rights situation in Belarus (EU) 
  11. The right to peaceful protest (Switzerland, Costa Rica)

Panel discussions

During each Council session, panel discussions are held to provide member States and NGOs with opportunities to hear from subject-matter experts and raise questions. All panel discussions are broadcast live and archived on http://webtv.un.org. Five panel discussions are scheduled for this upcoming session:

  1. Annual full-day meeting on the rights of the child (two panels, theme: “Realizing the rights of the child through a healthy environment”) 
  2. Annual full-day discussion on the human rights of women 
  3. Panel discussion on the impacts, opportunities and challenges of new and emerging digital technologies with regard to the promotion and protection of human rights; including an oral update of the Advisory Committee on its report on new and emerging digital technologies 
  4. Panel discussion on promoting and protecting the rights of persons with disabilities in the context of climate change 
  5. Annual thematic panel discussion on technical cooperation in the promotion and protection of human rights (theme: “Upholding the human rights of prisoners, including women prisoners and offenders: enhancing technical cooperation and capacity-building in the implementation of the Nelson Mandela Rules and the Bangkok Rules”)

For the latest session see: https://humanrightsdefenders.blog/2020/02/24/human-rights-defenders-issues-on-the-agenda-of-43rd-human-rights-council/

https://www.ishr.ch/news/hrc44-key-issues-agenda-june-2020-session

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Human Rights Foundation starts interview series: “Dissidents and Dictators” with Srdja Popovic

June 23, 2020

Human Rights Foundation


The first episode features Serbian protest organizer and peaceful revolutionary Srdja Popovic.

In just a few years, Srdja transformed from a college student in a band to the leader of a national movement that ended the fearsome dictatorship of Slobodan Milošević with clever tactics and movement building, all without a single shot fired. After the tyrant’s fall, Srdja went on to serve in Serbia’s National Assembly and later launched an organization called CANVAS that teaches the art of protest to democracy activists around the world. He is the author of Blueprint for Revolution: How to Use Rice Pudding, Lego Men, and Other Nonviolent Techniques to Galvanize Communities, Overthrow Dictators, or Simply Change the World.

HRF chief strategy officer Alex Gladstein (@Gladstein) sat down with Srdja to discuss: How do you scale a movement of one up to millions of people? How do you overcome a regime that holds all the power and weapons? Why are peaceful revolutions much more successful than violent ones? Why are street movements like start-ups? Is it possible to sustain a movement during a global pandemic? How are protest movements around the world reacting to their new twin enemies, the coronavirus and the rise of authoritarianism?

[see also: https://humanrightsdefenders.blog/2019/05/22/human-rights-foundation-announces-its-first-10-freedom-fellows/]

You can listen on Apple Podcasts and Spotify, and you can watch the video versions on Youtube

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“HRCnet” explained

June 23, 2020

HRCnet was established in 2006 to enhance NGO engagement with the Human Rights Council and to strengthen the Council’s impact and influence on the ground. Since then, HRCnet members working in coordination and solidarity, or as a network as a whole, have contributed significantly to some of the most important initiatives and outputs of the Human Rights Council and its mechanisms.

HRCnet’s membership comprises 16 NGOs and organisations working at the international level and across almost all regions:

Africa

  • African Centre for Democracy and Human Rights Studies (The Gambia)
  • DefendDefenders (East and Horn of Africa Human Rights Defenders Project) (Uganda)
  • Southern African Human Rights Defenders Network (Zimbabwe)
  • West African Human Rights Defenders Network (Togo)

Asia-Pacific

  • Asian Legal Resource Centre (Hong Kong, China)
  • Asian Forum for Human Rights and Development (FORUM ASIA) (Thailand)
  • Commonwealth Human Rights Initiative (India)
  • Human Rights Law Centre (Australia)

Latin America

  • Centro de Estudios Legales y Sociales (CELS) (Argentina)
  • Conectas Direitos Humanos (Brazil)

Middle East and North Africa

  • Cairo Institute for Human Rights Studies (Egypt)
  • Egyptian Initiative for Personal Rights (Egypt)

International

  • CIVICUS (South Africa)
  • Human Rights Watch (USA)
  • International Service for Human Rights (Switzerland)
  • Open Society Foundations (USA)

HRCnet members have substantially shaped debates and made influential policy proposals on country situations, as well as thematic and institutional issues. HRCnet works to:

  • Safeguard civil society:  through securing actions by key actors that have, in a number of cases, assisted in the release of human rights defenders from detention or in alleviating pressure on NGOs.
  • Enhance access: by assisting rights holders from the Global South in engaging with the international human rights system and strengthening capacity to influence States, and harness civil society, from all regions.
  • Amplify impact: by facilitating coordination and collaboration between international and regional NGOs.
  • Promote accountability: seeking the establishment of commissions of inquiry or other independent expert mechanisms to investigate and promote accountability for gross human rights violations.
  • Enhance scrutiny: through the mandating of new Special Procedures to monitor human rights and document violations.
  • Strengthen protection:  through the establishment of new Special Procedures and other mechanisms.

see also: https://humanrightsdefenders.blog/2020/01/01/welcoming-the-new-year-with-civil-society-in-geneva/

For more information, please contact Fabiana Leibl, HRCnet Coordinator, f.leibl@ishr.ch. 

https://www.ishr.ch/news/hrcnet

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AI and HRW address criminal prosecution of Emir-Usein Kuku, Ethnic Crimean Tatar Human Rights Defender and His Five Co-defendants

June 22, 2020

On 19 June 2020 Human Rights Watch and Amnesty International addressed a joint letter to Russia’s Prosecutor General

….We write to you to express our concern about the unfounded criminal prosecution and imprisonment of Emir-Usein Kuku, an ethnic Crimean Tatar human rights defender from Crimea, and his five co-defendants – Muslim Aliev, Vadim Siruk, Enver Bekirov, Arsen Dzhepparov and Refat Alimov. They were convicted and sentenced on 12 November 2019 to prison terms ranging from seven to 19 years on groundless terror-related charges. On 22 June 2020, their appeal against the decision will be considered by the Military Court of Appeals.

All six men should be immediately and unconditionally released, with their convictions and sentences quashed, and we call on you to take all necessary measures in your authority to ensure this happens. This case exemplifies the persecution of human rights defenders and other activists in Crimea.

Amnesty International considers Emir-Usein Kuku, who has been sentenced to 12 years in prison, and all his co-defendants prisoners of conscience.

The terrorism-related charges against Emir-Usein Kuku and his co-defendants stem from accusations of membership of Hizb ut-Tahrir, an organization banned as “terrorist” in the Russian Federation (Article 205.5 of the Criminal Code of the Russian Federation), but not in Ukraine. All six have also been accused of conspiring to seize power by violent means (Article 278 of the Criminal Code of the Russian Federation).

…..

Emir-Usein Kuku is a member of the Crimean Human Rights Contact Group – a grassroots initiative created to monitor investigations into enforced disappearances in Crimea. As a human rights defender, Emir-Usein Kuku was continually harassed and threatened by the Russian authorities prior to the launch of the criminal proceedings against him, an indication that his prosecution is politically motivated and intended to stop his legitimate human rights activities.

When Emir-Usein Kuku joined the Crimean Human Rights Contact Group in October 2014, his activities soon brought him to the attention of the FSB, and according to him one of their officers unsuccessfully tried to recruit him as an informant on several occasions. The officer allegedly threatened Emir-Usein Kuku with reprisals, including criminal prosecution, for his refusal to cooperate.

On the morning of 20 April 2015, several FSB officers attacked Emir-Usein Kuku from behind while he was on his way to work, and severely beat him. They repeatedly kicked and punched him in the head, torso and kidney area. Then, in front of witnesses, they placed him in a vehicle and drove him to the local FSB headquarters where he was interrogated. He was later released without charge and they brought him back to his house.

On 11 February 2016, FSB officers arrested Emir-Usein Kuku at his house and detained him for questioning. On 12 February, Emir-Usein Kuku was charged under Article 205.5 of the Criminal Code of the Russian Federation (“membership of a terrorist organization”) and placed on remand. Kuku has been in detention since that date – over four years and four months.

On the same day, the FSB detained Muslim Aliev, as well as Vadim Siruk and Enver Bekirov, who are accused of membership of the same group. On 18 April 2016, the FSB detained Arsen Dzhepparov and Refat Alimov as part of the investigation of the same case. All six deny any involvement with Hizb ut-Tahrir and the charges against them.

…… Under international fair trial norms, civilians should not be tried before military courts. We call on you to take all necessary steps to address the human rights violations suffered by Emir- Usein Kuku and his co-defendants, Muslim Aliev, Enver Bekirov, Vadim Siruk, Arsen Dzhepparov and Refat Alimov, including harassment, their transfer from Crimea to the Russian Federation in violation of the international humanitarian law, and their ultimate unsound and wrongful conviction following an unfair trial. Emir-Usein Kuku and his five co-defendants must be immediately and unconditionally released, with their convictions and sentences quashed.

Marie Struthers, Director, Eastern Europe and Central Asia Regional Office, Amnesty International

Hugh Williamson, Director, Europe and Central Asia Division, Human Rights Watch

https://www.hrw.org/news/2020/06/22/joint-letter-human-rights-watch-and-amnesty-international-russias-prosecutor

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EU’s Ugandan Human Rights Defenders Award 2020 to Aimé Moninga

June 19, 2020

The EU and Norway – on 18 June 2020 – presented their annual Human Rights Defenders Award in Uganda to Mr. Aimé Moninga, in recognition of his ground-breaking work with male survivors of conflict-related sexual violence and abuse. Although it is a national award and therefoe does not figure in THF’s Digest of international human rights awards [see: http://www.trueheroesfilms.org/thedigest], I always refer to them as they are an example of ‘good practice’ by diplomatic missions [see e.g. https://humanrightsdefenders.blog/2018/05/23/two-ugandans-get-eu-human-rights-award-in-uganda/ and https://humanrightsdefenders.blog/2012/01/13/quick-reminder-of-the-eu-guidelines-on-human-rights-defenders/].

Aimé Moninga was nominated for the Human Rights Defenders Award due to his work in support of male survivors of conflict-related sexual violence and his leadership of Men of Hope, a survivors’ association. He has put this difficult and sensitive issue on the policy agenda in an unprecedented way, both on a national and international level, and he is developing a generation of survivors who are prepared to testify in public to their experiences. He was chosen as this year’s award winner from among 50 nominations received from members of the public in Uganda.

Only a few years ago, the problems faced by male victims of sexual violence were barely discussed, even in human rights circles. Being a refugee and a violence survivor himself, Aimé Moninga has managed to mobilise many other survivors to speak. His advocacy efforts have also yielded results. For example, the Ugandan Police Force training curricula now includes references to both female and male victims of sexual abuse and violence. He is also advocating for further legislative changes.

Responding to the announcement, Aimé Moninga said, “This prize is for me and all the survivors of sexual violence, a consideration and a recognition of our struggle against impunity.”

“Being an activist is not easy but being a refugee human rights activist in an area of rights that sometimes is not even recognised or acknowledged is indeed the sharp end of activism”, said Mr. Per Lindgärde, the Ambassador of Sweden to Uganda speaking at today’s award ceremony in Kampala.

Mr Attilio Pacifici, Ambassador of the European Union to Uganda also spoke at this morning’s award ceremony. “Human rights are not advanced by themselves, it takes the courage and dedication of women and men, organisations and institutions to advance this agenda and ensure that rights become a lived reality for everyone in society”.

The Human Rights Defenders Award is presented every year by the European Union and Norway to recognise an outstanding contribution by a human rights defender active in Uganda. This year’s award, which is in its 9th year, is also given in memory of the late Hon. Med Kaggwa [see: https://humanrightsdefenders.blog/2019/11/24/ugandan-human-rights-commissioner-med-kaggwa-dies/].

Press Release: Conflict survivor Aimé Moninga wins EU Human Rights Defenders Award 2020

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Breaking: EU Court rules against Hungary’s foreign funding law

June 19, 2020

The EU Reporterof 19 June 2020 comes with the good news that on 18 June, the Court of Justice of the European Union (CJEU) recognized that Hungary’s 2017 law “on the Transparency of Organisations Supported from Abroad” (i.e. receiving foreign funds) unduly restricts the freedom of movement of capitals within the European Union (EU) and amounts to unjustified interference with fundamental rights, including respect for private and family life, protection of personal data and freedom of association, as well citizens’ right to participate in public life. [see https://humanrightsdefenders.blog/2018/02/20/250-ngos-address-letter-to-hungarian-parliament-regarding-restriction-on-the-work-of-human-rights-defenders/]

The Observatory for the Protection of Human Rights Defenders (FIDH-OMCT) welcomes this decision and hopes it will put an end to the Hungarian government’s constant attempts to delegitimise civil society organisations and impede their work.

It concerns decision (Case C-78/18, European Commission v. Hungary, Transparency of Associations).

“This decision is more than welcome! It strongly asserts that stigmatizing and intimidating NGOs receiving funding from abroad and obstructing their work is not accepted in the European Union,” said Marta Pardavi, Co-Chair of the Hungarian Helsinki Committee (HHC), member organisation of FIDH and of OMCT’s SOS-Torture Network. “Today’s ruling is a victory not only for Hungarian civil society organisations, who have campaigned fiercely against this law since its adoption, but for European civil society as a whole. It is a clear reaffirmation of the fundamental role played by civil society in a democratic State founded on the rule of law.”

“Hungary should now withdraw this anti-NGO law and conform with the CJEU’s decision,” added OMCT Secretary General Gerald Staberock.

https://www.eureporter.co/eu-2/2020/06/19/eus-top-court-rules-that-hungarys-anti-ngo-law-unduly-restricts-fundamental-rights

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Iranian human rights defender charged with “dancing in prison” and alleged torturer may escape justice

June 17, 2020
Narges Mohammadi has "serious health problems," her brother says, but is not allowed out of prison to see a doctor.
Narges Mohammadi has “serious health problems,” her brother says, but is not allowed out of prison to see a doctor.

Reporters Without Borders (RSF) has condemned the latest “absurd charge” brought against jailed Iranian journalist and human rights advocate Narges Mohammadi, who has been imprisoned since 2015. On 12 June 2020 RSF urged the UN special rapporteur on the human rights situation in Iran, Javaid Rehman, to “intervene quickly and do everything possible to obtain the release of Iran’s longest-held woman journalist.“

In a recent open letter to the Iranian judicial authorities, her brother revealed that she was now accused of “dancing in prison during the days of mourning” commemorating the seventh-century killing of Imam Hussein, a revered figure in Shi’ite Islam. Mehdi Mohammadi, now a refugee in Norway, also wrote that his sister had serious health problems but “was not allowed out of prison to see a doctor, who went to her cell.” “This persecution of Narges Mohammadi is evidence of judicial discrimination at the behest of the Intelligence Ministry and senior justice system officials,” said Reza Moini, the head of RSF’s Iran-Afghanistan desk.

Mohammadi, 47, has been awarded several prestigious prizes, including the Per Anger Prize in 2011 and the APS Sakharov prize in 2017 [see: https://humanrightsdefenders.blog/2017/10/28/imprisoned-human-rights-defender-narges-mohammadi-awarded-aps-sakharov-prize-2018/]. For more information on these and other awards see: http://www.trueheroesfilms.org/thedigest

In the meantime there is also an interesting case of an Iranian judge and former prosecutor who was arrested in Romania by Interpol for rights violations (13 June 2020 Radio Farda)

Gholamreza Mansouri, Iranian judge and former prosecutor.
Gholamreza Mansouri, Iranian judge and former prosecutor.

Iran’s Judiciary Spokesman confirmed that Interpol has detained Gholamreza Mansouri in Romania. He is accused of human rights violations by rights defenders, but he is also one of the defendants in a recent sensational corruption case in Iran who fled to Europe. Judiciary spokesman Gholam-Hossein Esmaili said Mansouri’s extradition is not possible now due to coronavirus restrictions but he will be returned to Iran and put on trial for corruption. He also told a local news network that Iran requested the arrest through the Interpol.

Iranian journalists and human rights activists want Mansouri to be put on trial in Germany or another European country for his grave human rights violations including the arrest and torture of journalists. SEE ALSO: Fearsome Prosecutor Of Journalists Accused Of Taking Bribes, Flees Iran

In a tweet on June 11, the Secretary-General of Reporters without Borders urged German authorities not to let him escape justice. Reporters without Borders (RSF) has supported the call of Iranian activists and filed a complaint with Germany’s Federal Public Prosecutor against Mansouri for the arrest and torture of at least 20 journalists in 2013….Mansouri is a highly influential prosecutor and judge notoriously famous for prosecuting journalists and putting them behind bars. In one instance in 2013 he ordered the simultaneous arrest of 20 journalists in one day.

Mansouri’s name came up as one of the recipients of bribes in the first trial session of Akbar Tabari, a former Judiciary deputy. The former judge allegedly received 500,000 euro in bribes from Tabari.

In a video published on social media on June 9, Mansouri claimed that he was abroad for treatment of a serious medical condition and could not return due to the restrictions introduced after the breakout of coronavirus. He did not reveal where he was but said he would go to an Iranian embassy to arrange for his return to defend himself against the corruption charges.

See also; https://iranian.com/2018/02/08/1000-days-counting/

https://www.rferl.org/a/jailed-iranian-journalist-faces-new-absurd-charge/30667834.html

https://en.radiofarda.com/a/iran-prosecutor-wanted-for-corruption-and-rights-violations-arrested-by-interpol/30668621.html

https://www.arabnews.com/node/1689336/middle-east

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EU Annual Report on Human Rights and Democracy in the World 2019

June 16, 2020

Courtesy of Reliefweb of 15 Jun 2020, here the introduction to the EU’s annual report on human rights

1. INTRODUCTION

The 2019 EU annual report on human rights and democracy in the world marks the final phase of implementation of the EU Action Plan on Human Rights and Democracy (2015-2019) 1 . It presents the progress achieved to date, by means of a comprehensive set of actions taken by the European External Action Service (EEAS), the European Commission and EU delegations and offices around the world. In 2019, the EU demonstrated once again that it is a reliable, cooperative and principled global player, working for a better world where all human rights are fully protected and respected.

However, in many parts of the world, challenges remain. Human rights defenders (HRDs), journalists and media workers are under threat and attack because of their daily work, civic and democratic space continues to be restricted, women’s and girls’ human rights are being violated, and vulnerable groups are often left behind and exposed to further discrimination and inequality.

Against this background, the international community celebrated in 2019 the 10th anniversary of the Charter of Fundamental Rights, the 30th anniversary of the UN Convention on the Rights of the Child, the 70th anniversary of the Council of Europe and the 100th anniversary of the International Labour Organisation. These anniversaries gave great impetus to the EU’s continuous efforts to translate its legal and policy frameworks on human rights into reality. The EU worked with all partners to turn challenges into opportunities for all human beings, at any time, in any place.

The 21st EU-NGO Forum on Human Rights, held in Brussels on 3-4 December, put the human rights and environment nexus in the spotlight as an emerging challenge and gained unprecedented traction. On 9 December 2019, the Foreign Affairs Council agreed on the political appropriateness of establishing an EU global human rights sanctions regime to tackle serious human rights violations worldwide committed by state and non-state actors.

In 2019, the first ever EU guidelines focusing on economic, social and cultural rights were adopted: the EU Human Rights Guidelines on safe drinking water and sanitation. These guidelines opened new horizons in promoting the indivisibility of civil, political, economic, social and cultural rights. The Council also adopted Guidelines on non-discrimination in external action and revised Guidelines on EU policy towards third countries on torture and other cruel, inhuman or degrading treatment or punishment. Moreover, the Council conclusions on Democracy adopted in October provided a comprehensive framework to advance democratic governance.

This report focuses on thematic issues, using a number of country-specific examples, and aims to be a practical tool for all stakeholders. Reporting on human rights and democracy at country level can be found on the EEAS2 and EU delegations’ webpages.

Download report (PDF | 1.13 MB)

https://reliefweb.int/report/world/eu-annual-report-human-rights-and-democracy-world-2019

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30 “information heroes” honored by Reporters Without Borders

June 16, 2020

Coronavirus “information heroes” – journalism that saves lives

On 15 June t2020 he NGO Reporters Without Borders (RSF) published a list of 30 coronavirus “information heroes” – 30 journalists, whistleblowers and media outlets whose courage, perseverance or capacity to innovate has helped to circulate reliable and vital information during the Covid-19 pandemic. See the list

Every crisis produces its heroes. Around the world there are journalists, whistleblowers and media outlets that have managed to overcome the barriers to information created since the start of the pandemic. Through their reporting or by means of initiatives that have needed courage, audacity and determination, they have provided access to trustworthy and quality information, helped to resist censorship, and combatted the runaway disinformation that threatens public health.

“Some people have taken such big risks to report the reality of the pandemic that they have died as a result, while others have disappeared or have been jailed,” RSF secretary-general Christophe Deloire said. “Prosecuted, attacked, insulted – many have paid a high price for defending the right to information and for combatting the rumours and disinformation that aggravate the consequences of this public health crisis. These new heroes remind us that journalism can save lives. They deserve our attention and admiration.”…

The list compiled by RSF, which is not intended to be exhaustive, includes both well-known media figures and people the public have not heard of. Although they come from all five main continents, nearly a third of these 30 heroes are from Asia, where the pandemic originated. Six are from Europe and Central Asia, and the others are from Africa, the Americas and the Middle East.

What most of these heroes have in common is the fact that they revealed information highlighting the pandemic’s gravity or their government’s mismanagement of the crisis. Some are veteran reporters like Ana Lalić in Serbia or combative investigators like Blaž Zgaga in Slovenia, Andjouza Abouheir in Comoros and Sergei Satsukin Belarus. However, others are ordinary citizens who, in response to the urgency and gravity of the public health crisis, decided to blow the whistle with the aim of saving as many lives a possible. It was an eye doctor, Li Wenliang, who first alerted the world to the existence of a fast-spreading disease in December 2019. And it was a lawyer, Chen Qiushi, who posted videos on his blog revealing the chaos in the hospitals in Wuhan, the site of the initial Covid-19 outbreak. Li died of the virus while Chen was forcibly quarantined and never reappeared.

You often pay dearly for the truth. In Venezuela, freelance journalist Darvinson Rojas spent 12 days in prison for a tweet questioning official pandemic figures. In India, newspaper reporter Vijay Vineet is facing a possible six-month jail sentence for reporting that lockdown restrictions forced hungry kids to eat cattle fodder. In Bangladesh, the well-known cartoonist Ahmed Kabir Kishore is facing a possible life sentence for posting cartoons on Facebook about politics during the Covid-19 crisis that alluded, inter alia, to corruption.

Others have avoided prison but can no longer work. After a lengthy and violent police interrogation over an article questioning the Kingdom of Eswatini’s handling of the Covid-19 crisis, Swati Newsweek website editor Eugene Dube had to flee to neighbouring South Africa. Chris Buckley, a Beijing-based reporter for the New York Times, was forced to leave China after spending 76 days in Wuhan at the height of the outbreak. For the first time in 24 years, his visa was not renewed.

Many of these heroes displayed courage in resisting pressure and censorship. They include Caixin, an independent English and Chinese-language media outlet in Beijing whose reporting has questioned the Chinese government’s narrative. For some, such as Afghan reporter Anisseh Shahid, it took courage to simply keep reporting in the field with the threat of infection compounding the threat of a Taliban attack. In the United States, several White House correspondents have distinguished themselves by their perseverance in adversity. Despite constant attacks by President Trump and his aides, they continue week after week to question his handling of the pandemic.

This exceptional crisis has also produced innovative initiatives that have helped to get the facts out and combat disinformation. In Africa, the Ivorian web radio WA FM and the Togolese news site TogoCheck were created to combat rumours and fake news and disseminate trustworthy information that the public can use to protect themselves and their health. In Brazil, alternative media outlets pooled resources to form a “Gabinete de crise” to inform the abandoned inhabitants of Rio de Janeiro’s favelas, while the Wayuri Network’s journalists have risen to the challenge of informing more than 750 indigenous communities in the Amazon. In Russia, 25 media outlets formed Syndicate-100 to make it easier for medical personnel, who have been hit hard by the epidemic, to report problems and alert the public.

Finally, RSF pays a special tribute to journalists in Guayaquil, Ecuador’s business capital and the site of Latin America’s biggest Covid-19 outbreak. The photos of bodies in Guayaquil’s streets have gone around the world. Despite being unprepared and lacking personal protective equipment, the city’s journalists have continued to work and to report in locations with a high infection rate. And this has taken a heavy toll. Thirteen of them have died of the virus.

https://rsf.org/en/news/coronavirus-information-heroes-journalism-saves-lives

see also: https://humanrightsdefenders.blog/2020/04/21/2020-world-press-freedom-index-is-out/

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New Report ISHR: Reprisals in the African human rights system

June 16, 2020

On 12 May 2020 ISHR published a new report to the Focal Point on Reprisals of the African Commission on Human and Peoples’ Rights. It demonstrates the need for the ACHPR and States to do more to prevent and ensure accountability for intimidation and reprisals against those who cooperate or seek to cooperate with the African human rights system. (ISHR’s report was prepared in response to the call for submissions to the first annual report of the Focal Point on Reprisals, Commissioner Remy Ngoy Lumbu.)

ISHR’s report documents a disturbing pattern of intimidation and reprisals that must be addressed. Cases of intimidation and reprisals featured in the submission range from States maligning and stigmatising defenders to banning them from travel and detaining them.  ‘Such reprisals violate human rights and fundamental freedoms that regional and international systems are obliged to promote and protect. Moreover, they also seriously impede bodies and mechanisms’ abilities to discharge their mandates effectively, threaten their integrity, and undermine the credibility of their work in the field of human rights’, said Adelaïde Etong Kame, ISHR Africa Programme Manager.  

In Malawi and Cameroon, defenders engaging with the ACHPR are threatened, stigmatised, harassed and attacked. In Burundi, increased monitoring by regional and international human rights mechanisms has been met with increased risk, stigmatisation and harassment of defenders working with the mechanisms. In Mauritania, human rights defenders continue to be vilified by the government and accused of being terrorists. In Egypt, defenders engaging with the African human rights system have been maligned, intimidated, and detained. 

The report also documents how recent hosts of ACHPR sessions, in particular Mauritania and Egypt, have hindered and restricted access to the sessions, through visa denials, intimidation, harassment, and undue restrictions at the sessions themselves. ..

ISHR’s submission also documents undue restrictions on accreditation, namely the case of the Coalition of African Lesbians (CAL), who have had their observer status to the ACHPR withdrawn, in violation of the rights of freedom of expression, association, and unhindered access to and communication with international bodies of CAL and its members, on discriminatory bases.

The primary duty to prevent and remedy reprisals lies with States—who must do more to prevent, investigate and ensure accountability for reprisals. ‘In that regard, the task for the Focal Point and the ACHPR is now to take up these cases and ensure they are addressed with the perpetrating governments. Otherwise, reprisals ‘work’ to dissuade engagement, and perpetrators will be emboldened’, said Etong Kame.  

Ending intimidation and reprisals against those who cooperate with the African human rights system, Submission to the Focal Point on Reprisals of the African Commission on Human and Peoples’ Rights, May 2020.  

https://www.ishr.ch/news/reprisals-new-ishr-report-reprisals-related-engagement-african-human-rights-system-must-be

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