Archive for the 'UN' Category

 India: attacks on human rights defenders abound under Unlawful Activities Prevention Act

October 7, 2018

I recently wrote about India’s shameful place in the list of countries that practice reprisals [https://humanrightsdefenders.blog/2018/09/22/attack-on-human-rights-defenders-in-india-are-an-attack-on-the-very-idea-of-india/]. On 5 October 2018 this was followed by a joint statement by a large number of UN experts (Mr. Michel Forst, Special Rapporteur on the situation of human rights defenders; Ms. Fionnuala D. Ní Aoláin, Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism; Mr. Fernand de Varennes, Special Rapporteur on minority issues; Mr. David Kaye, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; Ms. Ivana Radacic (Chair), Ms. Meskerem Geset Techane (Vice Chair), Ms. Elisabeth Broderick, Ms. Alda Facio, Ms. Melissa Upreti, Working Group on the issue of discrimination against women in law and in practice; Ms. E. Tendayi Achiume, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance; Mr. Seong-Phil Hong (Chair), Ms. Leigh Toomy (Vice-Chair), Ms. Elina Steinerte (Vice-Chair), Mr. José Guevara, Mr. Setondji Adjovi, Working group on arbitrary detention) saying that India uses terrorism charges as a pretext to silence human rights defenders

The UN human rights experts did so in the context of terrorism charges – under the Unlawful Activities Prevention Act (UAPA) – laid against 10 human rights defenders working with India’s poorest and most marginalised communities, including the Dalits, and urged authorities to ensure their cases are promptly heard in line with international law. All were arrested in June in connection with investigations into a public meeting organised a day before the 200th anniversary of the commemoration of a battle at Bhima-Koregaon, an important cultural event and a symbol of Dalit empowerment. Police subsequently claimed that the human rights defenders had links with ‘unlawful organisations’. “We are concerned that terrorism charges brought in connection with the commemoration of Bhima-Koregaon are being used to silence human rights defenders who promote and protect the rights of India’s Dalit, indigenous, and tribal communities,” the UN experts said. “We are very concerned about the charges against the human rights defenders and the continuing detention of nine of them,” the UN experts said. “All have been active in peacefully defending human rights, including those of marginalised and minority communities, political prisoners, and women, and their arrests appear to be directly related to their human rights work.

 

In June2018 Front Line Defenders listed as some of these:

 

 

Surendra Gadling <https://www.frontlinedefenders.org/en/profile/surendra-gadling> a human rights lawyer and General Secretary of the Indian Association of Peoples’ Lawyers (IAPL).

Rona Wilson <https://www.frontlinedefenders.org/en/profile/rona-wilson&gt;  is a member of the Committee for the Release of Political Prisoners (CRPP), which has campaigned against the Unlawful Activities (Prevention) Act and other repressive laws.

Sudhir Dhawale <https://www.frontlinedefenders.org/en/profile/sudhir-dhawale&gt;  is a Dalit rights activist and the editor of the Marathi magazine ‘Vidrohi’.

Shoma Sen <https://www.frontlinedefenders.org/en/profile/shoma-sen&gt;  is a professor at Nagpur University and a long time Dalit and women’s rights activist.

Mahesh Raut  <https://www.frontlinedefenders.org/en/profile/mahesh-raut&gt; is a land rights activist working with Gram Sabhas in the mining areas of Gadhchiroli.

On 5 July 2018, Front Line reported that human rights lawyer Advocate Sudha Bhardwaj released a statement refuting the false allegations and defamatory statements levelled against her by Arnab Goswami, news anchor and managing director of Republic TV. In a program that aired on 4 July 2018, Arnab Goswami alleged that the human rights defender was linked to Maoists. (https://www.frontlinedefenders.org/en/profile/sudha-bhardwaj). Sudha Bhardwaj firmly denied that the letter was written by her, and refuted the false allegations as defamatory and hurtful. She also expressed incredulity at the fact that the source of the letter had not been revealed, and that the letter had surfaced at the studio. She believes that the malicious and fabricated attack on her is a result of a press conference she had addressed in Delhi on 6 June 2018, condemning the arrest of Advocate Surendra Gadling. Front Line adds that This smear campaign comes as a part of an ongoing crackdown against human rights lawyers in India, especially those who work with Adivasi people and Dalits. Front Line Defenders condemns the smear campaign against human rights defender Sudha Bhardwaj, which it considers to be in retaliation to her legitimate and peaceful human rights work. Front Line Defenders expresses its concern for the security of Sudha Bhardwaj, particularly as the inflammatory allegations may motivate judicial harassment or other forms of retaliation.  

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https://www.jurist.org/news/2018/10/un-experts-decry-india-terrorism-charges-against-human-rights-defenders/

https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23686&LangID=E

https://www.frontlinedefenders.org

 

 

Third Committee of UN General Assembly 2018 will consider human rights issues

October 5, 2018

With the last session of the the Human Rights Council having been considered fruitful by civil society [https://humanrightsdefenders.blog/2018/09/29/in-spite-of-or-because-of-the-us-absence-the-39th-human-rights-council-considered-a-relative-success/], the focus is now on New York. This week, the UN General Assembly’s principal human rights committee – the Third Committee – kicked off its deliberations (Tuesday 2 October, running through to 21 November 2018).  This is a key moment in the year for UN member States to take action in support of the respect of human rights globally, through the negotiation and adoption of resolutions focused on thematic or country situations.   The ISHR provides the following insight:

Over 50 Special Rapporteurs, independent experts, chairs of working groups and treaty bodies will present findings and recommendations to the Committee, and engage in interactive dialogues with member States.  These reports and exchanges should inform the focus and shape of negotiated resolutions. 

The Committee will consider over 60 resolutions, this year focusing on a range of issues from extrajudicial, summary or arbitrary executions, to the rights of indigenous peoples, and the human rights situation in Syria.  Once adopted, resolutions will pass to the UN General Assembly plenary for confirmation in early December. 

While opportunities for civil society to interact with the Third Committee are more limited than those available at the Human Rights Council, NGOs can attend formal sessions, follow them on  UN Web TV and engage informally with individual member States.  For more on the Third Committee see here.  

ISHR will be working to see the inclusion of positive references to human rights defenders and civil society space, in Third Committee resolutions.  We will be monitoring the Third Committee closely, as well as the General Assembly plenary meetings, and reporting on key developments. Follow us on Facebook, Twitter and Instagram at @ISHRglobal and at #UNGA73for the latest updates.

Also, note that the ISHR will be hosting two side events during the Third Committee session. [see also: https://humanrightsdefenders.blog/2017/07/09/civil-society-participation-at-the-un-subject-of-ishr-event-on-17-july/]

The first event will be about implementing commitments on human rights defenders, and it will be held on Tuesday 23 October at 1:15 p.m-2.45pm. The location of the event is to be confirmed. See here for updates.

ISHR’s second event will focus on treaty bodies and the importance of ensuring transparent elections. ISHR aims to facilitate dialogue about ways to improve treaty bodies and election processes moving forward. Time and date for this event to be confirmed. See here for updates.

http://www.ishr.ch/news/alert-ga-73rd-session-agenda-third-committee

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

October 5, 2018

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

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

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

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

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

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

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

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

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

Watch the statement here: 

Read ISHR’s full statement to the Council here.

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

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

September 29, 2018

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Read the full statement here.

Children as Human Rights Defenders: UN Committee has discussion

September 29, 2018

On 28 September the United Nations’ Committee on the Rights of the Child held a Day of General Discussion on the topic “Children as Human Rights Defenders”. United Nations Deputy High Commissioner for Human Rights, Kate Gilmore, gave the opening speech; here some excerpts:

….It is my great pleasure to join in welcoming you all to this Day of General Discussion on Children Human Rights Defenders..I am most excited of course to be welcoming the members of the Child Advisory Team. You make this such a very special moment for us all – for us personally who work here and for the human rights work we try to do here. This year is the 20th birthday of the UN Human Rights Defenders Declaration and the 70th birthday of the UDHR. ….

Today, we will talk with you, about you. We will listen to you, …….

….We older people have failed you – have failed children. In so many places, in so many ways – older people are still failing children…….

Yet, the strange thing about this, is that it was older people – even older people – including some working 70 years ago – who made those laws and standards that recognise you have those rights, and yet it is older people who are breaking those promises.

……………If young age is no barrier to experiencing the worst consequences of older people’s decisions, then why use young age as an excuse to leave you out, to lock you out, from the places where those decisions could be changed. As human rights defenders, you know far better than I do why it is so important that we rethink the power relationship between older and young people.  If we would just change how we older people relate to children, make more room for you, listen to you more respectfully, value your experiences more, keep our promises to you then maybe we too would grow up and with you, just get on with changing the world for better.

https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23654&LangID=E

 

Attack on human rights defenders in India are an attack on the very idea of India

September 22, 2018

When India was named as a major sinner in this year’s report on reprisals against human rights defenders, there was understandable shock. Many NGOs and newspapers reported on this (a small selection below).

ARUNA ROY published on 21 September a piece called: “Attack on the conscience keepers; Attempt to silence the messenger”, which is an excellent overview of the issues at stake:

There have been a set of simultaneous raids and arrests of eminent social activists and public intellectuals over which the BJP government in Maharashtra and the Centre, and many human rights organizations have been locked in a sharp polarized debate. The arrest of Sudha Bharadwaj, Gautam Navlakha, Vernon Gonsalves, Varavara Rao and Arun Ferreira, in the Bhima Koregaon is a case that has all the elements of an attempt to use an FIR to target a particular kind of dissenting voice, and use undefined terms like “urban naxal” to divert from the main issue itself. This is not just baffling for the ordinary reader – but is a new kind of threat to the democratic practices in India. 

The attack on human rights workers is an attempt to silence the messenger. Given the very high credibility of the people concerned, an orchestrated campaign with the media has been used. News has itself become a strange brew of half-truths, rhetorical statements and deliberate mis-communication. In addition, the state and corporate interests exercise huge commercial control over the media, and many of the causes of tribal communities that are espoused by these activists are in direct conflict with the commercial interests of the media ownership. Users of “social media” advocate causes, make twisted statistical representations, and generate propaganda –all under the credibility that “media” enjoys in large part. The citizen is caught in a web of cross cutting information, where truth is elusive, and it is difficult to differentiate between fact and fiction.

Let’s try and examine some of the facts of this FIR. The Elgar Parishad was an event organized by Dalits in celebration of an old tradition- a historic defeat of the Peshwas at the hands of the Mahars in the 1800s. Two ex judges, Justice Patil and Justice Sawant, former Supreme Court judge and former Chair of the Press Council, were part of the organizing team. On January 1, 2018, there was a clash between the Dalits and the upper castes. FIRs were lodged by the Dalits and a cross case later by the others. The accusations now added to the list, were not in the FIR and none of those arrested were present either at the Elgar Parishad, or on the of January 1. The first claim made by the Pune police was, that these were Maoists responsible for planning and fomenting the violence that took place on January 1. The claim that the arrested activists were a threat to the state and national security has been added subsequently.

There is no doubt that rising inequalities in India are the leading marginalized communities – particularly Dalits and Tribals– to organize to fight for survival and reclaiming citizenship. The citizen’s exercise of sovereignty, ie asking questions about land and natural resources, non-delivery of services, justice and dignity, especially for the most marginalized and discriminated, is branded as anti- national to escape scrutiny. Their advocates suffer the same fate and are hounded to prevent the amplification of the voices against corruption and injustice. The categorization of “anti-national” has now a twin in “urban naxal”. Vague and subjective and incomprehensible; and yet they are used to prosecute and silence people.

The governments, normally riddled with corruption and arbitrary use of power, are afraid of disclosures, accountability and the rule of and by law. When they are confronted by public scrutiny into the exercise of unconstitutional power, they take refuge in accusations of terrorism, sedition etc. to suppress all questioning. The suffering communities and individuals are often the victims of the privileged elite. The RTI has legitimized questioning and the corrupt system is feeling threatened by it, as the attempts to amend and the killing of RTI users amply prove.

Branding of opposition as “Maoists or terrorists”, and “urban naxalites” has enabled governments to build public acceptability, supporting arbitrary decisions made in camera. Rationality falls victim to the fear of government vendetta and silence prevails.

The system protects its charges with dossiers and secret files created to indict activists. The use of the RTI has proven quite clearly that the sovereign citizen is often in ignorance of acts done in her/his name. Therefore any claim of “evidence” is suspect unless it is allowed public scrutiny. There are few tools besides the RTI to test sources of the evidence and the veracity of the testimonies.

This attack on civil rights defenders is in some ways worse than the declaration of the Emergency in 1975, where the motivation was to cling to political power. This is not just about political power, but to change the ideas of justice and equity. Like then, civic space is being narrowed down and an atmosphere of fear is created. But today, people who have dedicated their lives to and speak for constitutional rights are branded as criminals and terrorists and there is a vicious attempt to destroy their credibility. An attack on the rights of civil society by gagging its spokespersons will destroy the idea of India. This idea was crafted carefully by the constituent assembly to give legitimate space for the peaceful and just co-existence of disparate cultures, ideologies and thought, to enable a steady, though difficult journey towards a more just and equitable India.

For some of my earlier posts on India: https://humanrightsdefenders.blog/tag/india/

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http://www.catchnews.com/politics-news/attack-on-the-conscience-keepers-attempt-to-silence-the-messenger-133682.html

https://www.newsx.com/world/india-human-rights-un

https://thewire.in/external-affairs/india-a-history-sheeter-in-un-records-for-reprisals-against-human-rights-activists

https://www.counterview.net/2018/09/suspend-all-agreements-with-india-till.html

http://www.asianews.it/news-en/India,-five-Modi-critics-arrested.-Attempt-to-%27create-a-culture-of-silence%27-44800.html

High Commissioner, please put human rights defenders up front

September 20, 2018

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

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

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

Recommendations for the High Commissioner to support human rights defenders

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

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

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

September 19, 2018

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

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

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

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

 

Important side event in Geneva on ending reprisals coming up

September 12, 2018

On Wednesday 19 September (16:00-17:30 – Room XXIV, Palais des Nations, Geneva) the International Service for Human Rights (ISHR) is organizing a side event Ending reprisals: Discussion with human rights defenders and experts.

This event seeks to provide a space for human rights defenders and experts to shed light on the nature and extent of reprisals and intimidation against those cooperating with the UN; discuss and expand on the Secretary-General’s report; and to consider efforts to date to address reprisals and intimidation against those cooperating with the UN as well as ways to further develop and strengthen policies and practices to prevent and address reprisals.

Participants: 

  • Andrew Gilmour, Assistant Secretary General for Human Rights
  • Victoria Tauli-Corpuz, Special Rapporteur on the Rights of Indigenous Peoples
  • National human rights defenders

Moderator: Phil Lynch, Director of ISHR (see also: https://humanrightsdefenders.blog/2018/06/08/ishr-new-report-on-reprisals-and-restrictions-against-ngo-participation-in-the-un/)

The event is co-sponsored by the Permanent Mission of Ireland to the United Nations and the Permanent Mission of Uruguay to the Office of the United Nations.

Download the flyer here

some of my earlier posts on reprisals: https://humanrightsdefenders.blog/tag/reprisals/

Many HRD issues at the 39th session of the UN Human Rights Council

September 8, 2018

The 39th session of the UN Human Rights Council is held from coming Monday to 28 September 2018. Human Rights Defenders issues abound. Thanks to the excellent overview of the ISHR I can provide a short summary. To stay up-to-date, follow @ISHRglobal and #HRC39 on Twitter.

Reprisals

On 19 September, the Council will hold its first dedicated interactive dialogue on reprisals. It will engage with the Assistant Secretary General for Human Rights (Andrew Gilmour) who as UN senior official on reprisals will present the Secretary General’s annual report on the United Nations’ “the reprisals report”. The dedicated dialogue to address acts of intimidation and reprisals was mandated by the resolution on reprisals in September 2017 and provides a key opportunity for States to raise concerns about reprisals, and demand that Governments involved in existing cases provide an update on any investigation or action taken toward accountability. [for some of my earlier posts on reprisals: https://humanrightsdefenders.blog/tag/reprisals/]

Other key thematic reports relevant to HRDs

The Council will hold interactive dialogues and consider the reports of the Working Group on Arbitrary Detention, including on their country visits to Argentina and Sri Lanka, as well as the Working Group on Enforced or Involuntary Disappearance including on their country visit to Gambia.

The Council will consider the human rights of indigenous peoples on several occasions: it will hold a panel on the issue (see further below), the annual reports by the High Commissioner,  the Special Rapporteur on the rights of indigenous peoples, including on her visits to Mexico and Guatemala, and the Expert Mechanism on the Rights of Indigenous Peoples.

The Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence will also present his annual report, followed by an interactive dialogue, in addition to discussing the Secretary General report on the prevention of genocide.

The Council will discuss the report of the Secretary-General on capital punishment and the implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty.

The Council will also discuss the report of the High Commissioner on mechanisms concerned with ensuring the safety of journalists and the Council will consider a resolution on the issue. The first informal consultation is scheduled for 11 September at 15:30.

The Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes will present a set of principles for States, businesses and other actors to protect workers, including the need to protect worker representatives and human rights defenders from reprisal.

Country-specific developments

Burundi. During its 36th session, the Council passed two resolutions on Burundi (read here ISHR’s analysis of these two resolutions). At the 39th session, the Council will hold an interactive dialogue with the High Commissioner on his final report on Burundi on 11 September from 15:00 to 18:00. The Council will also hold an interactive dialogue with the Commission of Inquiry on 17 September between 09:00 and 12:00. ISHR continues to remain highly concerned about the human rights situation in Burundi and its refusal to cooperate with the Council’s mechanisms, which clearly warrant an invitation to the General Assembly to consider the suspension of Burundi as a member of the Council. ISHR joined a group of NGOs in calling for the renewal of the mandate of the Commission of Inquiry. [for earlier posts on Burundi: https://humanrightsdefenders.blog/tag/burundi/]

Yemen. Last September, the Council appointed a Group of Eminent Experts to carry out a comprehensive examination of all alleged violations of international human rights law committed by all parties to the conflict since September 2014. They will present their report followed by an interactive dialogue on 26 September from 09:00 to 12:00. The Council will also consider a report of the High Commissioner on the human rights situation in Yemen and on the implementation of the technical assistance. The Group of Eminent Experts’ report strongly suggests that parties to the armed conflict have perpetrated, and continue to perpetrate, violations and crimes under international law. Over 50 civil society organisations have called on the Council to renew and strengthen the mandate of the Group of Eminent Experts through the enhancement of its reporting structure and strengthening language on accountability.

China. The 39th session is the final session before China’s Universal Periodic Review. [https://humanrightsdefenders.blog/2016/03/15/remember-2nd-anniversary-of-the-death-of-cao-shunli/; https://humanrightsdefenders.blog/2018/03/26/chinas-win-win-resolution-gets-the-votes-in-the-un-council/ and many more]

Other country situations where HRD issues are relevant

The Council will hear 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.

They include:

  • Interactive dialogue with the Commission on Syria
  • Interactive dialogue with the Commission on human rights in South Sudan
  • Interactive dialogue with the Fact-finding mission on Myanmar
  • Interactive dialogue on the High Commissioner’s oral update on Ukraine
  • Interactive dialogue on the High Commissioner’s report on the Democratic Republic of the Congo
  • Interactive dialogue on the High Commissioner’s oral update on Libya
  • Interactive dialogue with the Special Rapporteur on Cambodia
  • Interactive dialogue with the Independent Expert on Somalia
  • Interactive dialogue with the Independent Expert on Sudan
  • Interactive dialogue with the Independent Expert on the Central African Republic

Adoption of Universal Periodic Review (UPR) reports

During this session, the Council will adopt the UPR working group reports on Turkmenistan, Burkina Faso, Cabo Verde, Colombia, Uzbekistan, Tuvalu, Germany, Djibouti, Canada, Bangladesh, Russian Federation, Azerbaijan, Cameroon, and Cuba.

Appointment of mandate holders

The President of the Human Rights Council has proposed candidates for the following two vacancies of mandate holders to be filled at this session:

  1. Special Rapporteur on the situation of human rights in Belarus
  2. Special Rapporteur on the situation of human rights in Eritrea

Resolutions to be presented to the Council’s 39th session

At the organisational meeting the following resolutions relevant to HRDs were announced (States sponsoring the resolution in brackets):

  1. The human rights situation in Yemen (Yemen and a group of countries)
  2. The protection of human rights in the Democratic Republic of Congo (Togo on behalf of the African group)
  3. The protection of human rights in the Sudan (Togo on behalf of the African group)
  4. World Programme for Human Rights Education (Brazil, Costa Rica, Italy, Morocco, Slovenia, Senegal,  Philippines, Thailand)
  5. The human rights situation in Syria (France, Germany, Italy, Jordan, Kuwait, Morocco, Qatar, Saudi Arabia, Turkey, the United Kingdom)
  6. The human rights situation in Somalia (the UK and a group of countries)
  7. The safety of journalists (Austria, Brazil, France, Greece, Morocco, Qatar and Tunisia)
  8. The human rights of indigenous peoples (Guatemala and Mexico)
  9. The promotion and protection of the human rights of peasants and other people working in rural areas (Bolivia, Cuba, Ecuador, South Africa)
  10. The human rights situation in Burundi (the European Union)
  11. The human rights situation in Myanmar (the European Union)
  12. Equal participation in political and public affairs (Botswana, Czech Republic, Indonesia, Netherlands, Peru)
  13. The situation of Rohingya muslims and other minorities in Myanmar (Pakistan on behalf of the Organisation for Islamic Cooperation)

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 will be broadcast live and archived on http://webtv.un.org. Three panel discussions are scheduled for this upcoming session:

  • The high-level panel discussion to commemorate the seventieth anniversary of the Convention on the Prevention and Punishment of the Crime of Genocide will take place on 13 September from 10:00 to 12:00.
  • The annual half-day panel discussion on the rights of indigenous peoples will take place on 19 September from 9:00 to 11:00. The theme will be the participation and inclusion of indigenous peoples in the development and implementation of strategies and projects in the context of the 2030 Agenda for Sustainable Development.
  • The annual discussion on the integration of a gender perspective throughout the work of the Human Rights Council and that of its mechanisms will take place on 24 September from 16:00 to 18:00. The theme will be gender integration and human rights investigations: strengthening a victim-centred approach.

Side events. As always there will be many side events concerning HRDs to which I will refer in the future.

——

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