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10 December 2024: Human Rights Day

December 10, 2024

Here a few highlights for this year from UN and NGOs sources:

While commemorating the 76th anniversary of the Universal Declaration of Human Rights, the United Nations Secretary-General Antonio Guterres said that “human rights are under assault”. “Whether economic, social, civic, cultural or political, when one right is undermined, all rights are undermined,” Guterres said in a post on X. “Let’s protect, defend and uphold all human rights for all people,” he added. In a video message, The UN secretary-general said “we must stand up for all rights — always.”

Achim Steiner UNDP Administrator added his voice:

..As we mark Human Rights Day 2024, we are reminded that human rights are not abstract ideals. They are vital tools for addressing these pressing challenges and advancing dignity and justice for all. 

… the United Nations Development Programme (UNDP) works to support human rights solutions that strengthen accountability, protect communities and foster peace, recovery, and stability. This includes partnering with National Human Rights Institutions, which often represent the frontline defenders of human rights. … Local initiatives also remain key. That includes women in Somalia who are being supported to lead peace efforts including assisting those facing violence, discrimination, and injustice. “I have resolved numerous local disputes…I feel motivated when I see I have been able to change people’s lives positively,” says Fatuma who led a local Peace Working Group.

As the accelerating climate emergency threatens the ability of current and future generations to enjoy their right to a clean, healthy, and sustainable environment, UNDP is focusing on access to justice, working with the United Nations Environment Programme (UNEP) and OHCHR to help communities claim their rights. …The private sector also has a pivotal role to play. UNDP supports the implementation of the UN Guiding Principles on Business and Human Rights including to advance sustainable practices that protect the environment. Indeed, technology offers both risks and opportunities to advance human rights. The Global Digital Compact aims to create an inclusive, open, safe, and secure digital space that respects, protects and promotes human rights. Tech-enabled UNDP tools like iVerify and eMonitor+ deployed in over 25 countries to monitor and address false narratives and hate speech show the potential. It is now crucial to adopt a rights-based approach to technologies like A.I., addressing ethical challenges, protecting data, and tackling biases to mitigate risks today and unlock immense benefits for the generations to come. [https://humanrightsdefenders.blog/2024/09/27/united-nations-adopts-ground-breaking-pact-for-the-future-to-transform-global-governance/]

——

The NGO Index on Censorship spotlights four people standing up for human rights around the world:

Despite the declaration, all around the world human rights are being challenged, degraded and attacked. That is why this year, on Human Rights Day, we pay tribute to five human rights defenders who have worked tirelessly to defend people’s rights and have been persecuted as a result. 

Jemimah Steinfeld, CEO at Index on Censorship said:  “In this increasingly polarised and authoritarian world these people stand out as beacons of hope and light. It’s depressing to think that over 75 years since the Declaration, we still need a day like this but that should not detract from the bravery and fortitude of these people. May their example show us all how we can all better fight injustice.” 

Marfa Rabkova (Belarus) Marfa Rabkova is a human rights defender who has been behind bars since 17 September 2020. She has long been targeted by the Belarusian authorities as a result of her civic activism. Marfa became head of the volunteer service at the Human Rights Centre Viasna in 2019. During the 2020 presidential election, she joined the “Human Rights Defenders for Free Elections” campaign, which registered over 1,500 election observers. When peaceful protests began to take place after the election, she helped document evidence of torture and violence against demonstrators.  Marfa was indicted on a long list of charges, including inciting social hostility to the government and leading a criminal organisation. She was sentenced to 14 years and 9 months in prison in September 2022, after nearly two years of pre-trial detention. Index on Censorship calls for her immediate and unconditional release.  See also:
https://humanrightsdefenders.blog/2021/03/22/belarus-end-reprisals-against-human-rights-defenders/

https://www.indexoncensorship.org/2024/12/human-rights-day-2024-a-tribute-to-human-rights-defenders/

https://www.undp.org/speeches/administrators-statement-human-rights-day-10-december-2024

https://www.coe.int/sl/web/commissioner/-/on-human-rights-day-the-commissioner-calls-for-action-to-realise-the-universal-declaration-s-vision

https://www.ohchr.org/en/stories/2024/12/celebrating-human-rights-day-around-world

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UN special rapporteurs note human rights violations against Gülen movement in Turkey – Erdogan disagrees vehemently

December 7, 2024

The Turkish government has refused to respond to allegations of systematic repression against individuals allegedly affiliated with the Gülen movement made by United Nations special rapporteurs, according to official documents published on Friday by the Office of the United Nations High Commissioner for Human Rights.

In a joint letter dated October 7, 2024, seven UN special rapporteurs asked the Turkish government about alleged measures of “systematic repression against persons ostensibly affiliated with the Gülen Movement through the misuse of counter-terrorism legislation, and the concomitant impact on civil society, human rights defenders, political dissidents, and journalists.”

The allegations center on Turkey’s treatment of people allegedly associated with the faith-based Gülen movement, inspired by the late Muslim cleric Fethullah Gülen.

In its response via a diplomatic note dated October 30, the Turkish government refrained from answering the allegations brought up by the special rapporteurs and instead listed their accusations against the Gülen movement and requested the “Special Procedures of the Human Rights Council not to allow FETÖ and its members to abuse these mechanisms, and to dismiss their allegations.”

FETÖ is a derogatory acronym used to refer to the Gülen movement as a terrorist organization.

Turkish President Recep Tayyip Erdoğan has been pursuing followers of the Gülen movement since corruption investigations revealed in 2013 implicated then-Prime Minister Erdoğan and some members of his family and his inner circle.

Dismissing the investigations as a Gülenist coup and conspiracy against his government, Erdoğan designated the movement a terrorist organization and began to target its members. He intensified the crackdown on the movement following an abortive putsch in 2016 that he accused Gülen of masterminding. The movement has strongly denied involvement in the coup attempt or any terrorist activity.

The rapporteurs outlined practices they say violate international human rights laws, including arbitrary arrests, torture, transnational renditions and surveillance abuses.

The UN Rapporteurs said these individuals face intensified crackdowns involving mass detentions, forced disappearances and unjust prosecutions under vague anti-terrorism laws. Between June 2023 and June 2024, more than 8,800 people were detained and 1,500 were charged with terrorism offenses, they said.

Among the rapporteurs’ chief concerns was the treatment of children detained as part of these operations. In May 2024, 16 children were arrested in İstanbul and allegedly subjected to psychological pressure, physical torture and denial of legal counsel. The UN rapporteurs described these actions as clear violations of international protections for children under the Convention on the Rights of the Child.

The rapporteurs also criticized Turkey’s use of public “grey lists,” wanted lists where individuals — ranging from journalists to human rights defenders — are labeled as terrorists, often without evidence or due process. These lists, which include photos and personal details, are made public alongside monetary rewards for information leading to their capture. This practice, according to the rapporteurs, endangers lives, undermines freedoms and creates a “hitman economy.”

Another key concern involved transnational renditions. The rapporteurs alleged that Turkey has systematically abducted and forcibly returned suspected Gülen affiliates from other countries under vague bilateral security agreements. Victims were reportedly detained in secret, subjected to torture and coerced into confessions used in prosecutions.

The misuse of surveillance powers also drew heavy criticism. Turkey’s intelligence agency was accused of fabricating evidence from the ByLock messaging app to convict thousands of people on tenuous charges of affiliation with the Gülen movement. The UN noted that such actions lack due process and violate privacy rights under international law.

The rapporteurs called on Turkey to address these alleged violations, halt ongoing abuses and ensure compliance with international human rights standards. They expressed particular concern about the government’s expansive interpretation of anti-terrorism laws, which they argue target legitimate political activity, dissent and human rights advocacy.

The letter was authored by seven UN special rapporteurs and a UN expert, including Mary Lawlor, special rapporteur on the situation of human rights defenders; Alice Jill Edwards, special rapporteur on torture and other cruel, inhuman or degrading treatment or punishment; and Fionnuala Ní Aoláin, special rapporteur on the promotion and protection of human rights while countering terrorism. Other contributors included Gabriella Citroni, chair-rapporteur of the Working Group on Enforced or Involuntary Disappearances and Irene Khan, special rapporteur on freedom of opinion and expression.

Turkey snubs UN special rapporteurs probing widespread human rights violations against Gülen movement

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International Art Contest celebrates minority human rights defenders

December 1, 2024

27 November 2024, from UN Human Rights:

Mga Nalimutan [The Forgotten], inspired by a photography taken by Joe Galvez New York City, United States, 2017.

© Francis Estrada

The top awards for the 2024 International Contest for Minority Artists were presented to five award winners — Bianca Broxton, Joel Pérez Hernández, Francis Estrada, Laowu Kuang and youth laureate Jayatu Chakma — during a special ceremony in Geneva, Switzerland.

UN Human Rights partnered with civil society organizations, Freemuse, Minority Rights Group International, the City of Geneva, the Centre des Arts of the International School of Geneva, and with the support of the Loterie Romande. The theme, Memory in the Present, celebrates the creativity and cultural expression of minority artists whose artwork explores themes relating to memory and memorialization around the globe.

“Naturally, such collective identities will largely be grounded in a collective memory of events, generating or perpetuating values or traditions that shape the way persons belonging to a minority feel bound together by common experiences,” said Nicolas Levrat, United Nations Special Rapporteur on Minority Issues. “Such memories often define how and why these past experiences shared by persons belonging to a given minority (or by previous generations) make them singular, different from other groups.”

The winners and honourable mentions at the awards ceremony in Geneva, Switzerland (shown from left to right) — Francis Estrada, Maganda Shakul, Jayatu Chakma, André Fernandes, Bianca Broxton, Joel Pérez Hernández, Chuu Wai, Laowu Kuang. © OHCHR/Irina Popa

The contest serves as a platform for minority artists human rights defenders who play a key role worldwide to build bridges of understanding, dialogue and empathy through creative and artistic means. It celebrates minority artists who have made significant contributions to raise awareness, inspire action, and foster deeper understanding of human rights across diverse communities.

The Winners

Bianca Broxton in one of her performance pieces, A Conversation, in Boston, Massachusetts, USA. She invited audience members to engage in a dialogue about their personal relationships with hair, racism, and beauty, while she crocheted dreadlocks to add to the piece. © Bianca Broxton

Bianca Broxton is an American interdisciplinary artist who focuses on raising awareness of health inequalities among minority women in the United States. She frames historical narratives and memories around the marginalized voices using sculptures and collages to portray minorities with dignity and a focus on restorative justice.

“My experience as a Black woman drives me to tell the histories of those who have faced systemic oppression and to portray them positively. I refuse to have my subjects seen only as victims of systemic injustice,” she said.

Visual artist Laowu Kuang accepting his award at the ceremony in Geneva, Switzerland. © OHCHR/Irina Popa  

Laowu Kuang is a visual artist belonging to the Tibetan minority in China. Through a vivid interplay of colors and textures displayed on large canvases, his artwork navigates themes of memory and memorialization in contemporary China, through traditional Tibetan symbols and motifs.

“In contrast to Western painting, with its excessive color scale, and Han Chinese painting, with its muted and elegant concept of applying colors, Tibetan painting has a strong and intense contrast of colors,” he said. “The stone carvings of Tibetan folk art are a perfect combination of religion and nature, which is a communication and dialogue between human beings and gods, between heaven and earth.”

Joel Pérez Hernández is a visual and plastic artist from the Maya Tseltal people, born in the Lacandón jungle of Chiapas, Mexico. Hernández has dedicated years to studying traditional techniques and motifs with elder artisans and creators of his community.

“Much knowledge is asleep in our mountains, voices are trapped in the rivers, colors sleep under the stones, and in our collective memory, as well,” he said. “My people nourish me and motivate me to awaken all that; that is what I include in my works. I find no need to sign my pieces, because my people, my family, my friends make up the essence of each one of them.”

Born in the Philippines, Francis Estrada is a visual artist and educator, currently residing in the United States. Estrada’s artwork focuses on culture, history, and perception, and questions the influence of historical photographs, mass media, political propaganda, and personal archives on social narratives and collective memory.

“My art is a tool through which I confront how our understandings of culture are mediated, and the methods through which history and memory are created and perpetuated,” he said. “I think of my work as partial narratives for the viewers to complete based on their own experiences and associations.”

Youth laureate Jayatu Chakma is an artist belonging to the Chakma Indigenous community of the Chittagong Hill Tracts region in Bangladesh. His artwork features ink, acrylic, watercolor, and natural elements like mud and colors from leaves, as a way to reflect on the life of his community in relation with forced displacement and the loss of their lands.

“Chittagong Hill Tracts is a part of Bangladesh which represents a culture of variation in terms of people and landscape,” he said. “But there are stories hidden behind the decorated valleys of Chittagong Hill Tracts: my artworks are influenced by the stories of being displaced, losing belongings and relatives. I want to create artworks that show a different side of Chittagong Hill Tracts, besides its natural beauty and cultural diversity that we see on TV.”

https://www.ohchr.org/en/stories/2024/11/international-art-contest-celebrates-minority-human-rights-defenders

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Woman Human Rights Defender Nonhlanhla Dlamini from Eswatini

November 30, 2024

On 29 November 2024, OHCHR published this interview in the context of the International Day for Women Human Rights Defenders.

Nonhlanhla Dlamini, Executive Director of SWAGAA, sits at the desk in her office

© Kirsty Teichert

Nonhlanhla Dlamini heads SWAGAA – the Swatini Action Group Against Abuse, a local Eswatini organisation whose primary focus is on ending gender-based violence in the country. Since 1990, SWAGAA has provided care, support, prevention, and access to justice for victims and survivors of gender-based violence, by working with community leaders, community members, and the Government, as well as providing counselling for GBV victims. For the International Day for Women Human Rights Defenders, Dlamini answers questions about GBV, her inspirations and why it was necessary for her to become one of the first women elected as a member of parliament in Eswatini.

1. What was that specific inspiring moment or experience that made you decide to focus on gender-based violence?

What actually motivated me was an incident where a relative of mine was raped at the age of six by a stranger. We didn’t find the person. SWAGAA already existed, but I didn’t know anything about them. Then in 1997, I saw an advertisement [for SWAGAA] in the newspaper. And when I learned about what they were doing, I asked myself why I didn’t know about the organization when I had this problem because I had no one to talk to. I had no one to support me. We reported the matter to the police, but nothing ever happened. We’re so frustrated. So, when I saw the position, I just knew this was my job. And my objective was, I want people to know about SWAGAA. I wanted SWAGAA to be a household name.

2. How do you stay motivated and have you ever questioned your journey?

I have several times, particularly when I get hurt, because, you know, sometimes this world can be very cruel. And I ask myself, how could people do such an evil thing? I do get depressed. And when I’m very depressed, I’m like, you know, out of all the jobs that I could be doing, why am I even doing this job? Then I get some motivation with some of the success stories. If I quit, who else is going to do it? I kind of feel I’m compelled to do it because there’s a whole lot of people that are looking up to me for help. So, I continue.

3. You were elected MP back in the early 2000s, the first woman ever for your constituency. What made you decide you had to run?

… The mistake that we make as advocates and women’s rights activists is that we’re always pushing for others to go and make the change that we want to see. So, I made a decision; I was going to stand for the next elections, which were in 2008. I realized that for years, I’ve been part of a vote for a woman campaign, pushing women to stand for elections. But I’ve never thought of myself one day running for elections. I ran the race to Parliament. I was nominated. I was widely supported. I won the primary elections. It was easy for the primary elections, but the secondary elections were not easy. And I was the only woman against seven men. It was very rough. It was very testing. But I pushed with everything that I had. And I won the elections, and I became a member of Parliament. And the first motion that I moved in Parliament, was that the Minister of Justice bring the sexual offenses and domestic violence bill within 30 days. And his response was no. I kept asking, and that is how the bill was finally seen by Parliament.

4. Let’s look to the future. If you could change one thing about the situation of gender-based violence in Eswatini, what would it be?

The most critical thing is prevention. Prevention, prevention, because once it happens, it’s difficult to pick up the pieces. …

5. Do you consider yourself a woman human rights defender? Why?

Of course I do, 100 percent. I consider myself a human rights defender because due to the nature of the work that I’m doing, I am continuously standing up for the rights of women and girls in Eswatini. And I have advocated for better legislation in the country. I have advocated for better services in the country, be it in the police, be it in the hospitals, be it in the justice system. I have done everything that I think needs to be done under the sun to make sure that I stand for the rights of the citizens of this country. And I’m saying this because I also know people believe in me. I’ve done all I possibly can to advocate for the rights of women and children in the country.

https://www.ohchr.org/en/stories/2024/11/human-rights-five-woman-human-rights-defender-nonhlanhla-dlamini

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Special Rapporteur: harmful narratives restricting freedom of assembly

November 29, 2024

In her latest report to the UN General Assembly, the Special Rapporteur on the rights to freedom of peaceful assembly and of association , Gina Romero, underscored the effects of a growing negative rhetoric directed at civil society and activists.

The Special Rapporteur presented her report ‘Protecting the Rights to Freedom of Peaceful Assembly and of Association from Stigmatization’ in an interactive dialogue with States at the UN General Assembly’s Third Committee.

The report highlights the growing number of harmful narratives that stigmatise civil society groups and activists engaged in association and peaceful assemblies, labeling them as ‘enemies or threats to security and values.’

The Special Rapporteur highlighted an alarming trend of harmful narratives that undermine the legitimacy of peaceful activism and target human rights defenders and the public for exercising their rights to freedom of assembly and association. She discussed how activists and organisations face stigmatising labels and accusations for organising peaceful protests, forming associations, and bringing urgent issues to the attention of authorities and the international community. Her report listed specific narratives and language used in various countries to stigmatise the work of civil society organisations and activists.

Particularly vulnerable to these harmful attacks are advocates for ethnic and religious minorities, women, children, young activists, LGBTIQ+ people, environmental and Indigenous activists, and defenders of democracy, transparency, and fair elections, with trade unions and labor rights groups also being targeted frequently.

These narratives result in the restriction of human rights. While most States participating in the interactive dialogue welcomed the report, some rejected  the references to  their country in the report, including China, India, Iran, and Russia. Several States asked the Rapporteur about best practices and concrete examples to support and protect the right to peaceful assembly and association.

Gina Romero responded that States should avoid stigmatising protesters and civil society, facilitate peaceful assembly and association, and ensure any restrictions are evidence-based and meet the requirements of legality, necessity and proportionality. She also responded to criticism from China, India, Iran and Russia by emphasising the challenges faced when there are no responses from States to inquiries, denial of requests for country visits, or lack of clear information about state actions and called on states to engage more openly with her mandate. 

The Special Rapporteur also noted that harmful narratives from both State and non-State actors restrict access to freedoms of assembly and association, leading to rights violations and shrinking civic space. She called on States to detect, monitor, and counter such cases to ‘prevent undue legal restrictions and repression of these freedoms, which create a cycle of repression and stigmatization’ and implement legal and policy reforms.

https://ishr.ch/latest-updates/unga79-special-rapporteur-reports-alarming-rise-in-harmful-narratives-restricting-freedom-of-peaceful-assembly-and-association

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NGOs appeal to UN Working Group on Arbitrary Detention for Egyptian Alaa Abd el-Fattah

November 28, 2024

outside the Foreign, Commonwealth and Development Office in Westminster, UK, 3 July 2023. Jordan Pettitt/PA Images via Getty ImagesON

On 12 November 2024, IFEX joined 26 rights groups urging the UN to act on the case of the British-Egyptian activist, who remains detained despite completing his sentence. This statement was originally published on englishpen.org on 12 November 2024. [see also :https://humanrightsdefenders.blog/2013/12/06/mona-seif-reports-on-crackdown-in-egypt-including-her-brothers-case/]

also:https://www.theguardian.com/commentisfree/2024/nov/27/egypt-alaa-abd-el-fattah-jail-free-hunger-strike-laila-soueif

Dear Dr. Gillett, Dr. Yudkivska, Ms. Gopalan, Dr. Estrada-Castillo, and Dr. Malila,

We are writing, as a coalition of human rights organisations, regarding the urgent submission made to you, as members of the United Nations Working Group on Arbitrary Detention (UNWGAD), on behalf of Alaa Abd el-Fattah, the award-winning British-Egyptian writer and activist. Alaa Abd el-Fattah remains arbitrarily detained in Egypt and we strongly urge you to announce your opinion on his case at the earliest opportunity.

An international counsel team, led by barrister Can Yeğinsu, filed an urgent appeal with the UNWGAD on behalf of Mr. Abd el-Fattah and his family one year ago, on 14 November 2023, submitting that his continued detention is arbitrary and violates international law. Shortly afterwards, on 23 November 2023, 34 freedom of expression and human rights organisations sent a letter to the UNWGAD supporting that submission and urging the UNWGAD promptly to issue its opinion on this matter. On 17 April 2024, 27 freedom of expression and human rights organisations sent a follow up letter to the UNWGAD, enquiring whether there was any update in respect of this urgent appeal.

Alaa Abd el-Fattah’s case remains of significant concern to our organisations. He has spent much of the past decade imprisoned in Egypt due to charges related to his writing and activism. He was most recently arrested in September 2019 and was sentenced in December 2021 to five years’ imprisonment, having already spent two years in pre-trial detention. Despite completing his unjust and arbitrary five-year sentence on 29 September 2024, the Egyptian authorities have refused to release him, ignoring the time he spent in pre-trial detention. This defies international legal norms and contradicts Egyptian law. Alaa Abd el-Fattah is currently being held at Wadi al-Natrun prison near Cairo and continues to be denied consular visits, despite his British citizenship. His mother, Laila Soueif, has been on hunger strike since 29 September 2024 in protest against her son’s unjust and prolonged detention.

In November 2022, UN Experts joined the increasing number of human rights voices demanding Alaa Abd el-Fattah’s immediate release. Yet two years later, having fully served his five-year sentence, he remains in prison.

Despite his ongoing incarceration, Alaa Abd el-Fattah’s writing and activism continue to be recognised worldwide: most recently, in October 2024, he was announced as the joint winner of the 2024 PEN Pinter Prize with Arundhati Roy, and recognised as the 2024 Writer of Courage, eliciting the following encomium from Naomi Klein at the ceremony:

Alaa Abd El-Fattah embodies the relentless courage and intellectual depth that Arundhati Roy herself so powerfully represents, making her selection of him as the Writer of Courage profoundly fitting. Despite enduring a series of unjust sentences that robbed him of over a decade of freedom, his liberation continues to be denied. This prize, shared between two vital voices, reminds us of the urgent need to continue to raise our own in a call to ’Free Alaa’ at long last.

Our organisations continue to call for Alaa Abd el-Fattah’s immediate and unconditional release and we request that the UNWGAD urgently announce its opinion on his case.

Yours sincerely,

Alejandro Mayoral Baños, Executive Director, Access Now

Ahmed Samih Farag, General Director, Andalus Institute for Tolerance and Anti-Violence Studies

Quinn McKew, Executive Director, ARTICLE 19

Neil Hicks, Senior Director for Advocacy, Cairo Institute for Human Rights Studies (CIHRS)

Gypsy Guillén Kaiser, Advocacy and Communications Director, Committee to Protect Journalists (CPJ)

Chris Doyle, Director, Council for Arab-British Understanding (CAABU)

Jillian C. York, Director for International Freedom of Expression, Electronic Frontier Foundation

Ahmed Attalla, Executive Director, Egyptian Front for Human Rights

Samar Elhussieny, Programs Officer, Egyptian Human Rights Forum (EHRF)

Daniel Gorman, Director, English PEN

Rasmus Alenius Boserup, Executive Director, EuroMed Rights

James Lynch, Co-Director, FairSquare

Khalid Ibrahim, Executive Director, Gulf Centre for Human Rights

Mostafa Fouad, Head of Programs, HuMENA for Human Rights and Civic Engagement

Matt Redding, Head of Advocacy, IFEX

Baroness Helena Kennedy LT KC, Director, International Bar Association’s Human Rights Institute (IBAHRI)

Alice Mogwe, President, International Federation for Human Rights (FIDH), within the framework of the Observatory for the Protection of Human Rights Defenders

Liesl Gerntholtz, Managing Director, PEN/Barbey Freedom To Write Center, PEN America

Mark Allen Klenk, Writers at Risk Committee Chair, PEN Austria

Grace Westcott, President, PEN Canada

Romana Cacchioli, Executive Director, PEN International

Rupert Skilbeck, Director, REDRESS

Antoine Bernard, Director of Advocacy and Assistance, Reporters Sans Frontières

Ricky Monahan Brown, President, Scottish PEN

Ahmed Salem, Executive Director, Sinai Foundation for Human Rights (SFHR)

Menna Elfyn, President, Wales PEN Cymru

Gerald Staberock, Secretary General, World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders

seealso:https://www.middleeastmonitor.com/20241127-uk-signed-largest-single-arms-licence-to-egypt-even-as-british-egyptian-was-detained-arbitrarily/

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Story of human rights defender Marcela de Jesus Natalia

November 19, 2024

In June 2017, Indigenous Ñomndaa’ journalist Marcela de Jesus Natalia found herself fighting for her life. A gunman waited for her outside the radio station where she worked and shot her three times.

“I didn’t think he wanted to kill me,” she said. “I turned around. The first bullet went to my forehead. I put my hand up, [and] the bullet went in and came out. The second one shattered my jaw. Then this guy held me, dragged me, gave me a final shot in my head and laid me on the pavement.”

Though at first presumed dead, Marcela de Jesús survived the attack and, with the support of lawyers and advocates, as well as of UN Human Rights, continues to fight for justice for the crime perpetrated against her. Marcela de Jesús was attacked because she angered powerful people by informing Indigenous Peoples about their rights, such as the importance of education, justice, and in particular, violence against women, thus empowering them to fight against historical discrimination against them.

“Journalists who expose wrongdoing and show us the horrific reality of conflict are human rights defenders,” said Volker Türk, UN Human Rights Chief, in a statement commemorating the International Day to End Impunity for Crimes against Journalists, observed every year on November 2. “Attacks against them affect everyone’s right to freedom of expression and access to information, leaving us all less well informed.”

In 2023, 71 journalists and media workers were killed and over 300 imprisoned around the globe, Türk said.

Marcela de Jesús is an Indigenous Ñomndaa’ woman born in Xochistlahuaca, in the state of Guerrero, on Mexico’s Pacific coast. From a young age, Marcela de Jesús witnessed violence and attacks by men in positions of power and even the military. It was there that her desire to defend her people was born and she realised that to confront abusers she needed to learn Spanish.

Marcela de Jesús migrated to the state of Oaxaca, and by her own efforts, she managed to continue studying and encountered a radio station that was looking for an Indigenous person from Guerrero who spoke Ñomndaa’ and Spanish and had completed middle school.

“I went behind my husband’s back, took the exam and passed,” she said. “I remember that the director [of the radio station] said to me, ‘Why do you want to be an announcer?’ ‘I always wanted to be the voice of my people,’ I answered.” Later, she returned to the state of Guerrero and got a precarious job as a radio announcer, but with patience and hard work she managed to become the radio manager.

It was after her return to her home state that she began to encounter opposition to her “voice.” Marcela de Jesús was told by powerful people in her town that she was not supposed to inform Indigenous Peoples; that the only thing they were interested in was whether a goat or a cow was lost, and not to get into trouble. She fought against and won lawsuits filed against her for giving Indigenous Peoples news.

It is my conviction that my people should be guaranteed the right that is enshrined in the Constitution and in international treaties, that we have the right to information.

“They couldn’t [silence me] because what is legal is legal. What is morally good is morally good. And that is the reason for the attack against me,” said Marcela de Jesús.

According to UN Human Rights in Mexico, at least five journalists and one media worker have been killed and one more media worker was disappeared this year because of their work. This continuous danger in which journalists have had to operate for years, led universal and regional human rights mechanisms to recommend to the Mexican State the creation of a Mechanism for the Protection of Human Rights Defenders and Journalists.

…The gunman who shot Marcela de Jesus has been arrested and sentenced for his crime, but the ones who called for her shooting are still out there. She is hopeful for them to be brought to justice.

“I have a lot of faith that the alleged intellectual author will forget about me. I have faith that nothing is forever,” said Marcela de Jesús. She added: “Nothing and no one, not jail, not this attack with three bullets, takes away my desire to continue being the voice of my people, to continue with my activism, my defence of human rights. I am fulfilling my dream of being the voice of my people at the national and international level.”

https://www.ohchr.org/en/stories/2024/11/i-always-wanted-be-voice-my-people

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UN General Assembly: UN expert urges recognition of vital work of defenders for 2030 Agenda

November 10, 2024

On 17 October 2024, the Special Rapporteur on the situation of human rights defenders, Mary Lawlor, presented her latest report in an interactive dialogue with United Nations member States during the 79th session of the United Nations General Assembly in the Third Committee.

In an interactive dialogue presenting her report to the Third Committee of the General Assembly, the Special Rapporteur on the situation of human rights defenders Mary Lawlor urged States to acknowledge the crucial role of human rights defenders in achieving seventeen Sustainable Development Goals (SDGs) and advancing 2030 Agenda. During the interactive dialogue, Mary Lawlor highlighted human rights defenders’ contributions to various SDGs, including zero hunger (Goal 2), good health and well-being (Goal 3), quality education (Goal 4), gender equality (Goal 5), clean water and sanitation (Goal 6) as well as affordable and clean energy (Goal 7). The report illustrates specific examples of human rights defenders’ work and contributions to each of seventeen Sustainable Development Goals.

During the dialogue, the Special Rapporteur noted that ninety percent of SDG targets are linked to human rights obligations. Given that only seventeen percent of the goals are on track, she emphasised the need for human rights defenders to be supported in their work in making the SDGs a reality. She noted that despite this crucial work of defenders in advancing the SDGs, they face severe barriers and threats including stigmatisation, criminalisation and other violations of fundamental rights.

In her concluding remarks, the Special Rapporteur emphasised that amidst global disagreements, the SDGs represent a rare consensus and urged States to support, partner with and respect HRDs working to support 2030 Agenda. Mary Lawlor in her recommendations, urged States to publicly acknowledge the essential role human rights defenders play in advancing the 2030 Agenda and called for legal frameworks that protect rather than restrict defenders and civil society in their legitimate work in achieving SDGs.

https://ishr.ch/latest-updates/unga79-un-expert-urges-recognition-of-the-vital-work-of-hrds-in-fulfilling-the-2030-agenda

See also SDG – Human Rights Data Explorer : https://sdgdata.humanrights.dk/en/node/252884

and

https://www.fidh.org/en/issues/business-human-rights-environment/human-rights-and-environmental-rights/cop-29-environmental-defenders-must-be-protected

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Open Global Rights on creating pathways for environmental defenders in the trickiest places

October 26, 2024

Grassroots environmental defenders are building a variety of strategic, community-based approaches to environmental justice. Global actors can do more to support their work write Rebecca Iwerks & Ye Yinth & Otto Saki on 14 October 2024 in Open Global Rights.

Fighting for land, environmental, and climate justice is risky. Global Witness annually reminds us of the staggering number of people who are killed for defending their land—over 2,100 since 2012. And lethality is only the tip of the iceberg, one of a multitude of violent tactics that people face when they speak up for their community. [see also: https://humanrightsdefenders.blog/2024/09/18/global-witness-2023-2024-annual-report-violent-erasure-of-land-and-environmental-defenders/]

The last few years have seen encouraging steps to respond through global and regional policy. National governments have started to make specific commitments to protect environmental rights defenders, deeming it necessary to address the climate crisis. The Escazu agreement in Latin America has explicit requirements for the state protection of environmental rights defenders. [NOTE: On 16 October 2024 civil society in the Americas has issued an urgent call to accelerate the implementation of the Plan of Action on Human Rights Defenders, of the Escazú Agreement, adopted five months ago].Just this month, the UNFCCC Supervisory Body for Article 6.4 and the UN Secretary General’s Panel on Critical Energy Transition Minerals showed how global bodies can incorporate the protection of environmental rights defenders directly into climate policy. More broadly, hundreds of organizations have pooled their efforts to end retaliation against environmental defenders through the ALLIED network.

What do we do while we wait for momentum to build and for policy to translate into practice? We can draw hope from thoughtful, strategic examples of grassroots legal empowerment. Throughout the world, legal empowerment advocates—people helping individuals and groups know, use, and shape the law with the support of community paralegals—are assisting communities in registering their land, stopping corporate pollution of their water, and negotiating fair land use deals even in the most difficult places. 

Last year, we examined the experiences of environmental defenders who were able to continue their work in repressed environments, using tenets of legal empowerment to find pathways to justice in ways that reduce their risk. Here’s what we saw:

  1. Building community power.…
  2. Changing paths to remedy. …
  3. Building relationships with allies. …..
  4. Knowing, using, and shaping the law to respond to security concerns. …

How do we super-charge support for this subtle, effective protection alternative? 

While grassroots justice advocates are continuing to seek remedies in tricky places, global actors can do more to support them. The primary shift that can support this type of innovative risk response is to provide flexible, unrestricted funding directly to grassroots justice advocates, whether through philanthropy or from pooled private sector funds that facilitate independent legal and technical support. Flexible funding allows the practitioners to shift their plans as pathways become riskier; it also allows them to invest in security equipment that may not clearly fit into a project-driven budget. Openness to different types of reporting can allow grassroots justice advocates to make decisions about what information is safest for them to reveal without concerns about financial security.

Secondly, those who influence global frameworks, such as the UN Sustainable Development Goals and the United Nations Framework Convention on Climate Change (UNFCCC), can do more to incorporate the security of environmental rights defenders into these frameworks. For example, the security of environmental rights defenders is integral to the access to justice encompassed by Sustainable Development Goal 16, and progress on that issue should be included in all SDG 16 reporting. Within the UNFCCC, the language protecting defenders from Article 6.4 Supervisory Body and the Secretary General’s Panel on Critical Energy Transition Minerals should be mirrored throughout climate policy frameworks and resourced during their implementation. 

While the actions against environmental defenders are shocking, there are significant steps the rights community can take now to support grassroots actors moving forward.

https://www.openglobalrights.org/creating-pathways-to-land-and-environmental-justice-in-the-trickiest-places/

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Results of the 57th session of the Human Rights Council

October 19, 2024

At the 57th Human Rights Council session, civil society organisations share reflections on key outcomes and highlight gaps in addressing crucial issues and situations. Full written version below:

States continue to fail to meet their obligations under international law to put an end to decades of Israeli crimes committed against the Palestinian people, including the genocide in Gaza, and most recently Israel’s war on Lebanon. States that continue to provide military, economic and political support to Israel, while suppressing fundamental freedoms such as expression and assembly, as well as attacking independent courts and experts, and defunding humanitarian aid (UNRWA), are complicit in the commission of crimes. We urge the Council to address the root causes of the situation as identified by experts and the ICJ, including settler-colonialism and apartheid, and to address the obligations of third States in the context of the ICJ’s provisional measures stressing the plausible risk of genocide in Gaza and the ICJ advisory opinion recognising that ‘Israel’s legislation and measures constitute a breach of Article 3 of CERD’ pertaining to racial segregation and apartheid. The General Assembly adopted the resolution titled “The Crime of Genocide” in December 1946, which articulates that the denial of existence of entire human groups shocks the conscience of mankind. We remind you of our collective duty and moral responsibility to stop genocide.

States have an obligation to pay UN membership dues in full and in time. The failure of many States to do so, often for politically motivated reasons, is causing a financial liquidity crisis, meaning that resolutions and mandates of the Human Rights Council cannot be implemented. Pay your dues! The visa denials to civil society by host countries is a recurring obstacle to accessing the UN; and acts of intimidation and reprisals are fundamental attacks against the UN system itself. The right to access and communicate with international bodies is firmly grounded in international law and pivotal to the advancement of human rights. In this regard, we welcome the action taken by 11 States to call for investigation and accountability for reprisals against individually named human rights defenders. This sends an important message of solidarity to defenders, many of whom are arbitrarily detained for contributing to the work of the UN, as well as increasing the political costs for perpetrators of such acts. We welcome progress in Indigenous Peoples’ participation in the work of this Council as it is the first time that they could register on their own for specific dialogues.

We welcome the adoption of the resolution that renews the mandate of the Special Rapporteur on the promotion and protection of human rights in the context of climate change by consensus. 

We also welcome the adoption of the resolution on biodiversity sending a clear call to take more ambitious commitments at the sixteenth meeting of the Conference of the Parties to the Convention on Biological Diversity  and acknowledging the negative impact that the loss of biodiversity can have on the enjoyment of all human rights, including the right to a clean, healthy and sustainable environment. We welcome that these two resolutions recognize the critical and positive role that Environmental Human Right Defenders play. We also welcome the adoption by consensus of the resolutions on the rights on safe drinking water and sanitation; and the resolution on human rights and Indigenous Peoples. 

We welcome the adoption of the resolution on equal participation in political and public affairs which for the first time includes language on children and recognises their right to participation as well as the transformative role of civic education in supporting their participation. We also welcome the recognition that hate speech has a restrictive effect on children’s full, meaningful, inclusive and safe participation in political and public affairs.

We welcome the adoption of the resolution from rhetoric to reality: a global call for concrete action against racism, racial discrimination, xenophobia and related intolerance. The resolution contains important language on the implementation of the Durban Declaration and Programme of Action as well as the proclamation by the General Assembly of a second International Decade for People of African Descent commencing in 2025. We welcome the inclusion of a call to States to dispense reparatory justice, including finding ways to remedy historical racial injustices. This involves ensuring that the structures in society that perpetuate past injustices are transformed, including law enforcement and the administration of justice. 

We welcome the adoption of a new resolution on human rights on the internet, which recognises that universal and meaningful connectivity is essential for the enjoyment of human rights. The resolution takes a progressive step forward in specifically recommending diverse and human right-based technological solutions to advance connectivity, including through governments creating an enabling and inclusive regulatory environment for small, non-profit and community internet operators. These solutions are particularly essential in ensuring connectivity for remote or rural communities. The resolution also  unequivocally condemns internet shutdowns, online censorship, surveillance, and other measures that impede universal and meaningful connectivity. We now call on all Sates to fully implement the commitments in the resolution and ensure the same rights that people have offline are also protected online. 

Whilst we welcome the attention in the resolution on the human rights of migrants to dehumanising, harmful and racist narratives about migration, we are disappointed that the resolution falls short of the calls from civil society, supported by the Special Rapporteur on Human Rights of Migrants, for the Human Rights Council to set up an independent and international monitoring mechanism to address deaths, torture and other grave human rights violations at borders. Such a mechanism would not only support prevention and accountability – it would provide a platform for the people at the heart of these human rights violations and abuses to be heard. The study and intersessional mandated in this resolution must be used to enhance independent monitoring and increase access to justice.

We welcome the adoption of the resolution on Afghanistan renewing and strengthening the mandate of the Special Rapporteur. Crucially, the resolution recognises the need to ensure accountability in Afghanistan through “comprehensive, multidimensional, gender-responsive and victim-centred” processes applying a “comprehensive approach to transitional justice.” However, we are disappointed that the resolution once again failed to establish an independent accountability mechanism that can undertake comprehensive investigations and collect and preserve evidence and information of violations and abuses in line with these principles to assist future and ongoing accountability processes. This not only represents a failure by the Council to respond to the demands of many Afghan and international civil society organisations, but also a failure to fulfil its own mandate to ensure prompt, independent and impartial investigations which this and all previous resolutions have recognised as urgent.

We welcome the renewal of the Special Rapporteur on Burundi. 

We welcome the renewal of the Special Rapporteur’s mandate on the human rights situation in the Russian Federation. The human rights situation in Russia continues to deteriorate, with the alarming expansion of anti-extremism legislation now also targeting LGBT+ and Indigenous organisations being just the latest example of this trend. The Special Rapporteur has highlighted how such repression against civil society within Russia over many years has facilitated its external aggression. The mandate itself remains a vital lifeline for Russian civil society, connecting it with the Human Rights Council and the broader international community, despite the Russian authorities’ efforts to isolate their people.

We welcome the resolution on promoting reconciliation, accountability and human rights in Sri Lanka renewing for one year the mandate of the OHCHR Sri Lanka Accountability Project and of the High Commissioner to monitor and report on the situation. Its consensual adoption represents the broad recognition by the Council of the crucial need for continued international action to promote accountability and reconciliation in Sri Lanka and keeps the hopes of tens of thousands of victims, their families and survivors who, more than 15 years after the end of the war, continue to wait for justice and accountability. However, the resolution falls short in adequately responding to the calls by civil society. It fails to extend these mandates for two years which would have ensured that the Sri Lanka Accountability Project has the resources, capacity and stability to fulfill its mandate. 

We welcome the renewal of the Fact Fin­ding Mission on Sudan with broader support (23 votes in favor in comparison to 19 votes last year, and 12 votes against in comparison to 16 votes last year). This responds to the calls by 80 Sudanese, African, and other international NGOs for an extension of the man­date of the FFM for Sudan. We further reiterate our urgent calls for an immediate ceasefire and the prompt creation of safe corridors for humanitarian aid organisations and groups, and to guarantee the safety of their operations, as well as our call on the UN Security Council to extend the arms embargo on Darfur to all of Sudan and create effective monitoring and reporting mechanisms to ensure the implementation of the embargo. 

We welcome the renewal of the mandates of the Fact-Finding Mission on Venezuela (FFM) and of OHCHR for two more years. The deepening repression at the hands of government forces following the fraudulent Presidential elections in July has made evident the vital importance of continued independent documenting, monitoring and reporting by the FFM and its role in early warning of further human rights deterioration. We are pleased that OHCHR is mandated to provide an oral update (with an ID) at the end of this year. This will be key ahead of the end of the term of the current presidency on 10 January 2025. This resolution is an important recognition of and contribution to the demands of victims and civil society for accountability.  

We regret that the Council failed to take action on Bangladesh. We welcome Bangladesh’s cooperation with the Office of the High Commissioner for Human Rights including by inviting the Office to undertake investigations into allegations of serious violations and abuses in the context of youth-led protests in July and August, as well as positive steps by the interim government. However, we believe that a Council mandate would provide much needed support, stability and legitimacy to these positive initiatives at a time of serious political uncertainty in the country.

The Council’s persistent inaction and indifference in the face of Yemen’s escalating human rights crisis is deeply troubling. Since the dissolution of the Group of Eminent Experts, and despite years of mounting atrocities, we have yet to see the type of robust, independent international investigation that is desperately needed. Instead, the Council’s approach has been marked by half-measures and complacency, allowing widespread violations to continue unchecked. Despite the precarious humanitarian situation, the recent campaign of enforced disappearances and arbitrary detention by the de facto Houthi authorities and recent Israeli bombardments, Yemen has increasingly become a forgotten crisis. The current resolution on Yemen represents this failure. Technical assistance without reporting or discussion is an insufficient response. The decision to forgo an interactive dialogue on implementing this assistance is an oversight, undermining the principles of accountability and transparency. We welcome the inclusion of language in the resolution recognizing the vital role of NGO workers and humanitarian staff who the Houthis have arbitrarily detained. We call for the immediate and unconditional release of those who continue to be detained for nothing more than attempting to ensure the rule of law is respected and victims are protected. We urge this Council to act decisively, prioritize the creation of an independent international accountability mechanism, and place civilian protection at the forefront of its deliberations on Yemen. 

We continue to deplore this Council’s exceptionalism towards serious human rights violations in China committed by the government. On 17 August, the OHCHR stressed that ‘many problematic laws and policies’ documented in its Xinjiang report remain in place, that abuses remain to be investigated, and that reprisals and lack of information hinder human rights monitoring. We welcome the statement by the Xinjiang Core Group on the second anniversary of the OHCHR’s Xinjiang report, regretting the government’s lack of meaningful cooperation with UN bodies, the rejection of UPR recommendations, and urging China to engage meaningfully to implement the OHCHR’s recommendations, including releasing all those arbitrarily detained, clarifying the whereabouts of those disappeared, and facilitating family reunion. It is imperative that the Human Rights Council take action commensurate to the gravity of UN findings, such as by establishing a monitoring and reporting mechanism on China as repeatedly urged by over 40 UN experts since 2020. We urge China to genuinely engage with the UN human rights system to enact meaningful reform, and ensure all individuals and peoples enjoy their human rights. Recommendations from the OHCHR Xinjiang report, UN Treaty Bodies, and UN Special Procedures chart the way for this desperately needed change.

Finally, we welcome the outcome of elections to the Human Rights Council at the General Assembly. States that are responsible for atrocity crimes, the widespread repression of civil society, and patterns of reprisals are not qualified to be elected to this Council. The outcomes of the election demonstrate the importance of all regions fielding competitive slates that are comprised of appropriately qualified candidates.  

Signatories:

  1. International Service for Human Rights (ISHR)
  2. Asian Forum for Human Rights and Development (FORUM-ASIA)
  3. CIVICUS: World Alliance for Citizen Participation 
  4. FIDH 
  5. Cairo Institute for Human Rights Studies

https://ishr.ch/latest-updates/hrc57-civil-society-presents-key-takeaways-from-the-session

https://www.fidh.org/fr/plaidoyer-international/nations-unies/united-nations-human-rights-council-57th-session

see:

https://www.theguardian.com/commentisfree/2024/oct/11/us-un-human-rights-israel

https://www.theguardian.com/global-development/2024/oct/08/rights-activists-urge-un-reject-abusive-bid-saudi-arabia-bid-join-human-rights-council

Following a concerted campaign led by ISHR together with other civil society partners, Saudi Arabia was just defeated in its bid to be elected to the UN Human Rights Council!

https://crm.ishr.ch/civicrm/mailing/view?reset=1&id=1418&cid=8618&cs=c89686f0b64b411761113a94bbe76c57_1728499812_168

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