Archive for the 'Human Rights Council' Category

Latest report by Special Rapporteur on (women) human rights defenders is now available

February 17, 2019

“My report on women human rights defenders is out and will be officially presented on 28/02! All over the world women fight so human rights can be a reality for all of us. As a result, they face attacks. Leaders must recognize and protect them....”said UN Special Rapporteur on Human Rights Defenders Michel Forst on Twitter on 11 February 2019

Human Rights Council 40th session
25 February–22 March 2019 Agenda item 3

A/HRC/40/60 – Report of the Special Rapporteur on the situation of human rights defenders

Situation of women human rights defenders

Summary: In the present report, the Special Rapporteur on the situation of human rights defenders, Michel Forst, reviews the situation of women human rights defenders, covering the period since the issuance, in 2011, of the last report by the mandate holder on this topic (A/HRC/16/44 and Corr.1). He focuses in particular on the additional gendered risks and obstacles women human rights defenders face and recognizes their important role in the promotion and protection of human rights. The Special Rapporteur refers to the relevant normative framework for the work of women human rights defenders, describes the challenging environments in which they operate and analyses the impact of patriarchy and heteronormativity, gender ideology, fundamentalisms, militarization, globalization and neoliberal policies on the rights of such defenders. He also refers to the situation of specific groups of women human rights defenders.

The report contains recommendations and examples of good practices to support the building of diverse, inclusive and strong movements of women human rights defenders, and recommendations addressed to all stakeholders to ensure that women defenders are supported and strengthened to promote and protect human rights.

https://documents-dds-ny.un.org/doc/UNDOC/GEN/G19/004/97/PDF/G1900497.pdf?OpenElement

For some of my other posts on women human rights defenders see: https://humanrightsdefenders.blog/tag/women-human-rights-defenders/page/5/

ISHR sets out the priorities for the Human Rights Council in 2019

February 9, 2019

On 28 January 2019 ISHR presented a blueprint for States with recommendations to some of the key issues the Human Rights Council should address in 2019. 

In 2018, the Council adopted some landmark decisions

  • an independent investigative mechanism on Myanmar
  • Yemen, renewing the mandate of the Group of Eminent Experts
  • Burundi, extending the mandate of the Commission of Inquiry.

At the same time, several situations of gross rights violations escaped Council scrutiny for political reasons.[see also: https://humanrightsdefenders.blog/2018/12/04/general-assemblys-3rd-committee-concludes-2018-session/]

The annual “High Level Segment” in March 2019 is a critical opportunity to set the agenda for the year. The Human Rights Council’s three regular sessions in March, June/July and September are further opportunities to advance priorities.

Here is ISHR’s checklist on the human rights situations and issues which should be advanced in 2019.

States should commit to strengthening the Council by demonstrating leadership, principled action and sustained follow through.

All regional groups presented the same number of candidates as seats for the 2018 Council elections and several States with terrible human rights records and with poor records of cooperation with UN mechanisms were elected, turning the elections into more of an appointment process, and going against the vision of the Council’s founding document.

States should collectively express concern about China’s failure to uphold human rights principles and protect the rights of its citizens, especially ethnic Uyghurs and Tibetans and those involved in the defence of human rights. China’s rejection of critical dialogue and universal principles is especially worrying as the Chinese government becomes increasingly active in the Council – a space dedicated to those same values.

States should also collectively press for the immediate and unconditional release of detained women human rights defenders in Saudi Arabia. If the international community is serious about contributing to advancing women’s rights in Saudi Arabia, it should recognise Saudi women human rights defenders as agents of change and urge the Saudi authorities to take all necessary measures to guarantee a safe and enabling environment for them to continue their vital work.

States should also initiate Council action to address recent cases of reprisals in Egypt as reported by the Special Rapporteur on the right to adequate housing after her visit in September 2018. These attacks come amidst a context of wide-scale repression against civil society through intimidation, arbitrary arrests, unfair prosecutions and travel bans.

States should collectively denounce the ongoing judicial harassment and arbitrary detention of human rights defenders in Bahrain, including reprisals for engaging or attempting to engage with UN mechanisms. As a minimum, States should call on the Bahraini authorities to immediately release all those detained for exercising their rights to freedom of expression, assembly and association, such as Nabeel Rajab and Abdulhadi Al Khawaja.

At the 40th session:

The Council will consider a resolution on the situation of human rights defenders working on rights related to land and environment. ISHR calls on States to address the particular threats and attacks against this group of defenders, in particular the specific risks faced by women human rights defenders, to combat impunity for attacks against them, and ensure full civil society participation in development and the management of natural resources. The draft resolution should call on States who prioritise the protection of human rights defenders to condition their provision of diplomatic support to business – such as export credit guarantees and trade support – on companies’ commitment to respect, consult and protect defenders. ..The Special Rapporteur on the situation of human rights defenders will present his report on the situation of women human rights defenders. States should publicly recognise the specific risks and threats women defenders face and commit to taking further measures to enhance their protection, underline the legitimacy of their work, their specific protection needs and adequate remedies to the specific violations they face.

At the 41st session:

Thanks to the sustained efforts by civil society and supportive UN Member States, the mandate of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity (SOGI) was established in 2016. At the 41st session, ISHR urges States to renew the mandate and ensure that it is not weakened, so that it continues its vital work in capturing good practices and assisting States in ending discrimination and violence based on SOGI. The mandate continues to work with a diverse range of States from all geographical regions. Defenders from across the globe have affirmed that the mandate has contributed to their protection and recognition of their work. ..The Council will also consider a resolution on migrants and human rights. States should ensure that the text reiterates their obligations to support and not restrict defenders’ in their vital work and to protect migrant rights defenders in the face of rising intolerance, xenophobia and illiberalism. ISHR recalls Principle 18, from the OHCHR Principles and Guidelines on the human rights protection of migrants in vulnerable situations, which sets out measures States can take to respect and support the activities of migrant rights defenders.

At the 42nd session:

Human rights defenders must be able to access the UN freely and safely so that the UN can do its crucial work of monitoring countries’ compliance with human rights obligations and protecting victims from abuses. At the 42nd session in September 2019, States should not miss the opportunity to cite specific cases of reprisals at the second interactive dialogue on the Secretary-General’s annual report on reprisals….Finally, the accessibility of the Council to rights holders, victims and defenders is both a key contributor to, and indicator of, the Council’s relevance and success.  As discussions on enhancing the efficiency of the Council resume, States should continue to support and guarantee that any proposed measures do not restrict or limit civil society participation at the Council.

Are Human Rights Defenders making a comeback? Kenneth Roth thinks so!

January 19, 2019

Kenneth Roth – the executive director of Human Rights Watch – published on 17 January 2019 a long post in Foreign Policy which summarizes his introduction to Human Rights Watch’s World Report 2018. [for last year’s report, see: https://humanrightsdefenders.blog/2018/01/19/human-rights-watch-and-kenneth-roth-take-a-stand-against-trumps-dictator-friendly-policies/]. “With larger powers in retreat”, he says, “small countries and civil society groups have stepped up—and they have won some significant victories”. Here some large extracts:

A participant holds a banner with photos of Russian President Vladimir Putin and Hungarian Prime Minister Viktor Orban in front of the presidential palace during a demonstration on Dec. 21, 2018.

Read the rest of this entry »

Final step: Burundi closes down UN office

December 7, 2018

FILE - In this Tuesday, April 28, 2015, file photo, Burundi riot police detain a man suspected of throwing stones during clashes in the Musaga district of Bujumbura, Burundi. The United Nations human rights office on Thursday, Dec. 6, 2018, said Burundi's government has asked it to leave, months after the outgoing U.N. rights chief called the country one of the "most prolific slaughterhouses of humans in recent times." (AP Photo/Jerome Delay/File)

Having reported on 4 December about Burundi in the 3rd Committee of the General Assembly (“Burundi made several attempts to stop the Commission of Inquiry on Burundi from presenting its report to the Third Committee. When these were foiled, in a repeat of what happened last year, the Burundian Ambassador took the floor to abuse Commission members.  ….” and in the light of its history with UN investigations – see inter alia: https://humanrightsdefenders.blog/2018/10/26/burundi-outrageously-attacks-united-nations-team/), it hardly comes as a surprise that Burundi’s government has asked the UN to leave completely. (Associated Press reporting on 6 December 2018).

Spokeswoman Ravina Shamdasani in Geneva confirmed they received a letter on Wednesday “requesting us to close the office. We of course regret this decision and we would like to continue our cooperation with Burundi.” Anonymous sources within the U.N. office in Burundi told Associated Press they were given two months to leave.

The East African nation’s government has long been angered by U.N. reports describing alleged abuses amid the political turmoil since President Pierre Nkurunziza decided to run for another term in 2015. More than 1,200 people have been killed since then, the U.N. says, and ICC judges authorized an investigation into allegations of state-sponsored crimes including murder, rape and torture — a decision unaffected by Burundi’s withdrawal from the court. Outgoing U.N. High Commissioner Zeid Ra’ad al-Hussein early 2018 said Burundi was among “some of the most prolific slaughterhouses of humans in recent times.”

Burundi suspended its cooperation with the U.N. rights office in October 2016, accusing it of “complicity with coup plotters and Burundi’s enemies” after a report alleged the “involvement of the regime in systematic abuses and a risk of genocide.” In December 2017, the government shut four regional offices of the U.N. rights office in the country. And a team of experts mandated by the U.N. Human Rights Council to look into possible abuses was expelled in May despite Burundi’s agreement to cooperate.

Burundi’s foreign minister, Ezechiel Nibigira, on Thursday called a press conference on the issue but then postponed it, telling reporters that “We will communicate you when we are well prepared.” Rachel Nicholson, the Burundi researcher for Amnesty International, called the news “deeply disappointing” and called on the government to reverse its decision. Having refused to cooperate with a U.N. commission of inquiry or sign a memorandum of understanding with African Union monitors, the government is again trying to block independent monitoring, Nicholson said. “But the truth will still get out.”

https://www.wral.com/un-rights-office-burundi-s-government-has-asked-us-to-leave/18043826/

Burundi outrageously attacks United Nations team

October 26, 2018

UN High Commissioner for Human Rights Michelle Bachelet. – UN Photo/Jean-Marc Ferre

High Commissioner for Human Rights, Michelle Bachelet, said on Thursday 25 October that comments made by Burundi’s UN ambassador the previous day, were “deeply regrettable in both tone and substance” and demanded that it “immediately retracts” its threat to try and prosecute members of a UN Commission of Inquiry into rights abuses in the central African nation.

She also raised concern over the Burundian Government’s “complete failure” to address the very serious findings of the Commission of Inquiry. On Wednesday, the Ambassador and Permanent Representative of Burundi to the UN, Albert Shingiro, had attacked this independent international inquiry team, threatening to prosecute its members and compared Commission Chair, Doudou Diène, to a participant in the slave trade [SIC].

Amazingly Burundi is also a current member of the Geneva-based Human Rights Council [see: https://humanrightsdefenders.blog/2016/02/08/what-is-burundi-doing-in-the-un-human-rights-council/].

I urge the Government of Burundi to issue an immediate retraction of this inflammatory statement and to offer a full apology to Mr. Diène and the other Commissioners, as well as to the Human Rights Council, which created the Commission, and its President who selected and appointed the three Commissioners,” she said.

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.

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/

—–

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

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

 

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.

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