Archive for the 'UN' Category

Sunny Maldives: Murder of human rights defender and blogger Yameen Rasheed tip of the iceberg

April 25, 2017

The Maldives normally create images in our mind of luxury holidays. This is a false image [see also: https://humanrightsdefenders.blog/tag/maldives/]. On Sunday, 23 April 2017, a prominent blogger and social media activist, Yameen Rasheed, was found in the stairwell of his residence in the country’s capital Malé with multiple stab wounds to his head, neck and body. Mr. Rasheed died of his injuries. The UN, Front Line and others expressed deep alarmed by Mr. Rasheed’s killing and urge the authorities to ensure that the investigation into the murder is prompt, thorough and that the perpetrators are brought to justice. Mr. Rasheed had in December reported to the Maldives Police Service that he was receiving targeted death threats following the publication of his photo along with those of others on an anonymous Facebook page, but he complained that he had to follow up for three days just to get a confirmation that his complaint had been registered. Mr. Rasheed’s killing comes in the context of what appears to be an upsurge in arrests and prosecutions of the political opposition.

Yameen Rasheed [see his profile: https://www.frontlinedefenders.org/en/profile/yameen-rasheed]  was a prominent human rights defender and social media activist in Maldives. Through his blog The Daily Panic, he was an outspoken critic of government corruption and was vocal against impunity for crimes against journalists and attacks of freedom of expression  committed by radical Islamist groups. Yameen Rasheed was a close friend of Ahmed Rilwan Abdulla, another well known Maldivian journalist, blogger and human rights advocate, who was abducted and disappeared in 2014. Since 2014, Yameen Rasheed had been working to obtain justice for Rilwan, and was recently coordinating with Rilwan’s family to file a case against the Maldives police on the investigation of Rilwan’s death. In 2015, he was arrested along with 200 other activists and imprisoned for three weeks after taking part in a pro-democracy rally in the capital.

Maldives has a troubling history of attacks targeting human rights defenders, journalists and bloggers. On 5 June 2012, blogger, LGBT activist and journalist Ismail Khilath Rasheed, also known as Hilath, was stabbed by radical Islamists. On 8 August 2014, prominent HRD Ahmed Rilwan went missing and has not been heard of since then. On 4 September 2015, human rights lawyer Mahfooz Saeed [https://www.frontlinedefenders.org/en/case/case-history-mahfooz-saeed] was brutally attacked by two unidentified men, see: https://humanrightsdefenders.blog/2015/09/07/mahfooz-saeed-lawyer-of-maldives-ex-president-stabbed/. 

It would seem therefore that the groundbreaking legal proceedings (October 2016), which the ISHR has brought to the UN Human Rights Committee have a lot of merit. It was requested to rule that the Maldives violated international law by restricting human rights defenders from submitting information to the UN.

In what is the first case filed with the UN on behalf of former members of a national human rights institution, ISHR has asked the UN Human Rights Committee to authoritatively rule that there is a legal right to submit information, evidence and reports to the UN and that restrictions on this right, or reprisals for exercising this right, amount to serious breaches of international law. The case could have wide-ranging implications, as a number of countries seek to criminalise or prosecute people to prevent them from exposing human rights violations at the UN.

Assisted by ISHR, Ahmed Tholal and Jeehan Mahmood, former Commissioners of the Human Rights Commission of the Maldives (HRCM), have filed a communication with the UN’s Human Rights Committee to highlight the Maldives’ failure to ensure their right to share information freely with the UN without reprisal. The HRCM was prosecuted in 2015 by the Supreme Court in the Maldives following a submission made by the HRCM on human rights in the Maldives to the UN’s Universal Periodic Review….The Court ruled that the HRCM’s report was unlawful, biased and undermined judicial independence, and ordered the HRCM to follow a set of guidelines designed to restrict the HRCM’s work and its ability to communicate with the UN.

Ahmed Tholal and Jeehan Mahmood said they were seeking a ruling from the Committee because they want the HRCM’s right to freely communicate with international human rights mechanisms to be firmly preserved in law and practice. ‘If the HRCM is not able to communicate freely with the UN, its ability to carry out its mandate is severely undermined. This case isn’t just about the HRCM of 2010. Rather it’s about the far reaching implications such reprisals will have on the independence and integrity of NHRI’s everywhere,’ they said.

‘The decision of the Supreme Court to restrict the activities and independence of the Commission is incompatible with the right of safe and unhindered communication with UN bodies, and the prohibition against reprisals for exercising that right. Such a decision by an arm of government is a clear breach of international law,’ Ms Sinclair of ISHR said. Background to the case can be found here.

A copy of the Communication can be found here.

Source: OHCHR Press Briefing Notes – South Sudan, Maldives | Scoop News

https://www.ishr.ch/news/reprisals-groundbreaking-legal-proceedings-filed-against-maldives

US pushes for ‘historic’ human rights debate at Security Council but achieves little

April 20, 2017

Nikki Haley, the US ambassador to the UN, with Liu Jieyi, China’s ambassador, before the April 18 Security Council meeting. Rick Bajornas/UN Photo

The United States led on Tuesday 18 April what it (and not many others) dubbed a ‘historicU.N. Security Council meeting on the link between rights abuses and conflict, but it had to drop a push for the broad issue of human rights to become a fixed item of the Security Council’s agenda when it appeared that at least six members would oppose it [Russia, China, Egypt, Ethiopia, Kazakhstan and Bolivia were against the move and Senegal’s support was uncertain]. The United States, council president for April, did not risk the measure being put to a rare procedural vote, which requires nine in favour, and vetoes cannot be used. The opposing council members say rights discussion should be confined to the Geneva-based Human Rights Council – which Washington accuses of being anti-Israel and has threatened to quit – and the 193-member U.N. General Assembly third committee. Here is some of the analysis:

Read the rest of this entry »

HRCnet seeks Geneva based coordinator

April 11, 2017

The Human Rights Council Network (HRCnet) is seeking a Coordinator based at the International Service of Human Rights in Geneva. For details on the post see below:
HRCnet is a 10-year old coalition of national, regional and international NGOs engaging with the UN Human Rights Council. Its current members are:
in Africa: African Centre for Democracy and Human Rights Studies (The Gambia), DefendDefenders (East and Horn of African Human Rights Defenders Network) (Uganda), Southern African Human Rights Defenders Network (Zimbabwe), West African Human Rights Defenders Network (Togo),
in Asia: Asian Legal Resource Centre (Hong Kong, China), Asian Forum for Human Rights and Development (FORUM ASIA) (Thailand), Commonwealth Human Rights Initiative (India),
in Latin America: Centro de Estudios Legales y Sociales (CELS) (Argentina), Conectas Direitos Humanos (Brazil),
in the Middle East and North Africa: Cairo Institute for Human Rights Studies (Egypt), Egyptian Initiative for Personal Rights (Egypt),
and the following  International NGOs: Human Rights Watch (USA), International Service for Human Rights (Switzerland), Open Society Foundations (USA).

Read the rest of this entry »

UN archive on North Korean human rights violations to be established in Geneva

April 8, 2017

The 34th regular session of the United Nations Human Rights Council in Geneva, 2017

An archive of information and evidence on human rights abuses by the North Korean regime is to be established in Geneva. Quoting a report by the UN Office of Programme Planning, Budget and Accounts (OPPBA), VOA explained that the independent archive, to be created in accordance with a North Korean human resolution adopted by the 34th UN Human Rights Council (UNHRC), will be established in physically distant Geneva for the security and total confidentiality of sensitive information.The OPPBA was also quoted as saying a legal officer with at least seven years of experience would be needed to integrate and preserve information and evidence in connection with the archive’s establishment at the Office of the UN High Commissioner for Human Rights (OHCHR) in Geneva, along with another information management officer with at least five years of experience to conduct practical affairs. It also said its UN human rights office in Seoul would require three staffers: one international criminal system expert, one expert in South Korean criminal law, and one expert in interpreting for South Korean law. On 24 March 2017, the UNHRC adopted a North Korean resolution by non-voting agreement that recommends the international community’s cooperation in investigating responsibility in connection with the findings of a Commission of Inquiry (COI) report on crimes against humanity by the North Korean regime.The resolution suggested specific procedures and methods over the next two years for assigning responsibility for North Korea’s human rights abuses, including boosting the capabilities of the North Korean human rights office and OHCHR, establishing the archive, and appointing legal experts to collect and preserve information and evidence needed for procedures in investigating responsibility.

see also https://humanrightsdefenders.blog/2014/02/20/north-korea-the-un-report-in-images/

Source: UN archive on N. Korean human rights abuses to be established in Geneva : North Korea : News : The Hankyoreh

34th Session of UN Human Rights Council ended: the summing up by civil society

March 28, 2017

On 24 March 2017 a group of important NGOs that are active at the UN Human Rights Council made a joint statement at the end of the 34th session. These are: International Service for Human Rights, Asian Forum for Human Rights and Development (FORUM ASIA), Global Centre for the Responsibility to Protect, Human Rights House Foundation, CIVICUS, International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), Amnesty International, and Human Rights Watch. They:

….. welcome the renewal of key Special Procedures mandates, and in particular that of the Special Rapporteur on human rights defenders. At a time when defenders are under an unprecedented attack and killings of defenders are on the rise, the united stance of the Human Rights Council is key. While we welcome the restoring of consensus to this key resolution, we deeply regret the fracturing of the same on the right to food resolution, particularly given the increasing interrelationship of food insecurity, conflict and human rights violations.

At the outset of this session, High Commissioner Zeid has described 2017 as a pivotal year for the Council, and has diagnosed an attack on the entire rights-based system. To be a credible part of this system, and rise to the world’s challenges, the Council must – while appropriately engaging the concerned States – respond firmly to human rights violations and victims’ demands for accountability Some actions at this session have struck this balance in part; others – such as the decision hastily ending the mandate on Haiti – have not. The Council still fails to bring needed attention to a range of violations in countries such as Azerbaijan, Bahrain, China, Egypt, Philippines, Turkey and others.

The urgent dispatch of a Fact-Finding Mission [FFM] on Myanmar is a welcome step. We now look to you, President, to consult, including with civil society, on the appointment of the FFM’s members. But we regret the dissociation of Myanmar from the resolution, and call on Myanmar to fully cooperate with the FFM. We look to all States, including in particular those with investment, trade and business relationships with Myanmar, to fully facilitate the work of the FFM. We commend the Council for recognising the fundamental relationship between violations of human rights and the commission of mass atrocities, including by advancing accountability for such crimes in the DPRK, South Sudan, Sri Lanka and Syria.

Finally, Mr President, we are again concerned about allegations of intimidation and reprisals against defenders from Myanmar, Bahrain and Sri Lanka, including during the current session. In line with your legal obligation, we urge you to take these cases seriously, follow-up thoroughly on the allegations, and ensure that all those who engage with the body you preside over can do so safely.

Ahmed Mansoor under arrest – Emirates under pressure

March 28, 2017

The importance of Ahmed Mansoor – MEA Laureate 2015 – as human rights defender and as the most important source of information on human rights in the Emirates (UAE) has been demonstrated by the international response to his sudden arrest [https://humanrightsdefenders.blog/2017/03/21/ahmed-mansoor-mea-laureate-2015-arrested-in-middle-of-the-night-raid-in-emirates/ ]. In addition to many newspaper and social media, there have been two important statements this morning:

The UN Special Procedures have called for Ahmed Mansoor’s release:  http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21449&LangID=E,

And so has the Chair of the Subcommittee on Human Rights of the EU Parliament  http://www.europarl.europa.eu/news/en/news-room/20170328IPR68805/droi-chair-calls-on-uae-to-unconditionally-release-ahmed-mansoor 

In view of the link between Manchester and UAE airlines (Emirates and Ethiad) it is specially interesting to note that AI Manchester has joined the campaign to free Ahmed Mansoor:

Human Rights Council extends mandate on human rights defenders – after considerable wrangling

March 24, 2017

On Thursday 23 March 2017 the UN Human Rights Council adopted a resolution in which it extended, for a period of three years, the mandate of the Special Rapporteurs on human rights defenders. [https://humanrightsdefenders.blog/2017/02/22/un-special-rapporteur-on-human-rights-defenders-wraps-up-his-first-mandate/]

The press statement by the UN (see below) explains that there was quite a bit of wrangling on wording, but in the end the draft resolution (A/HRC/34/L.5) on the mandate of the Special Rapporteur on the situation of human rights defenders, Michael Forst, was adopted without a vote as orally revised, in the same terms as provided for by the Human Rights Council in its resolution 16/5. It urges again all States to cooperate with and assist the Special Rapporteur in the performance of his tasks, to provide all information and to respond to the communications transmitted to them by the Special Rapporteur without undue delay; and calls upon States to give serious consideration to responding favourably to the requests of the Special Rapporteur to visit their countries.

(here the detailed report on the failed efforts – mainly by Russia and China – to weaken the text:) Read the rest of this entry »

Louise Arbour of Canada appointed Special Representative for International Migration

March 13, 2017

On 9 March 2017 the UN Secretary-General, António Guterres, announced the appointment of Louise Arbour of Canada as his Special Representative for International Migration. The Special Representative will lead the follow-up to the 19 September 2016 High-level Summit on Addressing Large Movements of Refugees and Migrants.  Ms. Arbour will work with Member States, in partnership with other stakeholders, as they develop a first-ever global compact on safe, orderly and regular migration.  She will lead United Nations advocacy efforts on international migration, provide policy advice and coordinate the engagement of United Nations entities on migration issues, particularly in implementing the migration-related components of the New York Declaration.  She previously served as United Nations High Commissioner for Human Rights and as Chief Prosecutor of the International Criminal Tribunals for the Former Yugoslavia and Rwanda.  She is a former justice of the Supreme Court of Canada and of the Court of Appeal for Ontario.  From 2009 to 2014, Ms. Arbour was President and CEO of the International Crisis Group.

Louise Arbour Walk of Fame 20150608

Louise Arbour smiles after having her star unveiled on Canada’s Walk of Fame in Toronto on 8 June, 2015. THE CANADIAN PRESS/Darren Calabrese (Canadian Press).

Talking about refugees, please note that the Sergio Vieira de Mello Lecture by Angelina Jolie on 15 March [https://humanrightsdefenders.blog/2017/02/27/angelina-jolie-gives-2017-sergio-vieira-de-mello-lecture-on-15-march-2017/] is ‘sold out’, but it will be streamed live on UN TV and UNHCR’s Facebook.

Sources:

Secretary-General Appoints Louise Arbour of Canada Special Representative for International Migration | Meetings Coverage and Press Releases

http://www.cbc.ca/radio/thehouse/first-ottawa-visit-by-trump-cabinet-member-focuses-on-security-border-1.4015295

Even landmark UN decision does not change Cambodia’s treatment of human rights defenders

March 11, 2017

I was reading (belatedly) about the UN Special Rapporteur on the situation of human rights in Cambodia, Rhona Smith, who in January 2017 intervened strongly in the case of the 5 Cambodian human rights defenders of ADHOC (#FreeThe5KH) who have been in detention since April last year. [https://humanrightsdefenders.blog/2016/05/04/civil-society-condemns-charges-human-rights-defenders-cambodia/] Only then did I realize that the case had led a few months earlier to a landmark decision by the United Nations Working Group on Arbitrary Detention (WGAD): the first time that any UN body has referred to HRDs as a protected group.

 

 

On 21 November 21, 2016, the WGAD ruled that the ongoing detention of Mr. Ny ChakryaDeputy Secretary-General of the National Election Committee (NEC), and four staff members of the Cambodian Human Rights and Development Association (ADHOC), Messrs. Ny SokhaYi SoksanNay Vanda, and Ms. Lim Mony, was “arbitrary.” Following a submission made by the Observatory for the Protection of Human Rights Defenders (OMCT-FIDH partnership), the Cambodian Center for Human Rights (CCHR) and the Cambodian League for the Promotion and Defense of Human Rights (LICADHO) in June 2016, the WGAD’s Opinion No. 45/2016 ruled that the five human rights defenders (HRDs) have been discriminated against based on their status as human rights defenders, and in violation of their right to equality before the law and equal protection of the law under article 26 of the ICCPR.” This is the first time ever that the WGAD – or any other UN mechanism receiving individual complaints – has referred to HRDs as a protected group that is entitled to equal legal protection under Article 26 of the International Covenant on Civil and Political Rights (ICCPR). The ruling also recognised the violation of the five HRDs’ “rights to offer and provide professionally qualified legal assistance and other relevant advice and assistance in defending human rights.”

 In addition, the WGAD found that the targeting of ADHOC staff members for having provided “legitimate legal advice and other assistance” violated the five HRDs’ right to freedom of association. It ruled that violations of fair trial rights (including the fact that the five were denied legal counsel from the beginning of their questioning), unjustified pre-trial detention, and statements made by the Cambodian authorities which denied the five the presumption of innocence – all of which contravene Cambodia’s international human rights obligations in respect to the right to a fair trial – are also serious enough to consider their ongoing detention as arbitrary. The WGAD concluded that “the deprivation of liberty of Ny Sokha, Nay Vanda, Yi Soksan, Lim Monyand Ny Chakrya, being in contravention of articles 7, 9, 10, 11 and 20 of the Universal Declaration of Human Rights and of articles 9, 10, 14, 22 and 26 of the International Covenant on Civil and Political Rights, is arbitrary.”

That Cambodian authorities are not impressed is shown by the continued detention of the 5 ADHOC HRDs and by the press release of 7 February 2017 calling for the cessation of the politically motivated criminal investigation of human rights defenders Am Sam-at and Chan Puthisak. Amnesty International, Civil Rights Defenders, Human Rights Watch, and the International Commission of Jurists signed the statement.

Phnom Penh 20170207 PHTO
Cambodian police detain protesters during a protest to free jailed activists in Phnom Penh, Cambodia May 9, 2016.© Reuters/Samrang Pring

Cambodian officials have accused Sam-at, a respected human rights monitor at the Cambodian League for the Promotion and Defense of Human Rights (LICADHO) for nearly 20 years, and Puthisak, a land rights activist from Boeung Kak Lake and former prisoner of conscience, of instigating violence at an October 10, 2016 demonstration. Para-police forces, who are regularly used to suppress demonstrations, violently dispersed what had been a peaceful protest in Phnom Penh. When Puthisak attempted to prevent para-police from confiscating a drum that was being used by a demonstrator, four or five para-police attacked him, repeatedly beating him on the head with their fists, according to a video of the incident. When Sam-at tried to stop the assault, the para-police attacked him, also beating him on the head. Both men sustained injuries that needed medical attention.

The investigation of Sam-at and Puthisak by the Cambodian authorities is a typically absurd and undisguised case of judicial harassment,” said Champa Patel, Southeast Asia and Pacific director at Amnesty International. “As usual, unnecessary and excessive use of force by the para-police goes unpunished, and those who work to promote and protect human rights find themselves subject to criminal proceedings.”

 

Sources:

http://www.un.org/apps/news/story.asp?NewsID=56036#.WMP0Dhhh2V4

Cambodia: In landmark decision, UN body declares the detention of five human rights defenders arbitrary #FreeThe5KH / December 18, 2016 / Urgent Interventions / Human rights defenders / OMCT

https://www.hrw.org/news/2017/02/07/cambodia-drop-farcical-investigation-human-rights-defenders

Independence of the Legal Profession subject of side event on 16 March 2017

March 9, 2017

Lawyers for Lawyers and The Law Society of England & Wales organize a UN side event on the “The Independence of the Legal Profession” on Thursday 16 March 2017, 3 – 5 pm in Room XXIII of the Palais des Nations, Geneva.

Keynote speaker: Diego García-Sayán, Special Rapporteur on the Independence of Judges and Lawyers

 

Panelists:

·        Khalid Baghirov, lawyer (Azerbaijan)

·        Ayse Bingol Demir, lawyer (Turkey) [https://humanrightsdefenders.blog/2015/01/23/persecution-of-lawyers-and-journalists-in-turkey-side-event-in-geneva-on-27-january/]

·         Michel Togué, lawyer (Cameroon) [https://humanrightsdefenders.blog/2013/02/13/death-threats-against-human-rights-defenders-alice-nkom-and-michel-togue-in-cameroon/]

The panelists will share their experiences, obstacles faced by members of  the legal profession in their respective countries, and possible ways to improve the safety of lawyers who work in challenging contexts.

The event is co-sponsored by the Permanent Missions of the Kingdom of the Netherlands, Australia and Paraguay as well as the following NGOs: – Lawyers’ Rights Watch Canada (LRWC),- Union Internationale des Avocats (UIA), – Southern African Litigation Centre (SALC), – International Commission of Jurists (ICJ), – Avocats Sans Frontières Suisse (ASF Switzerland), – International Bar Association’s Human Rights Institute (IBAHRI), – Judges for Judges (J4J), – Human Rights House Foundation and- Peace Brigades International (PBI, UK)

To register (for those without passes, until 12 March 2017): S.deGraaf@lawyersforlawyers.nl

For enquiriesRoberta.Taveri@lawsociety.org.uk