Archive for the 'Human Rights Council' Category

TODAY: International Day for the Elimination of Violence against Women,

November 25, 2021

Women and girls everywhere continue to be subjected to multiple forms of gender-based violence, including femicide, online violence and domestic violence, UN and regional experts (for impressive list see below) said today. They call on States to exercise due diligence and to fight pushbacks on gender equality.

On the International Day for the Elimination of Violence against Women, they issue the following statement: [see also: https://humanrightsdefenders.blog/2019/11/19/16-days-of-activism-against-gender-based-violence-start-on-25-november-2019/]

“Although they represent more than half the world’s population, women and girls the world over are still at risk of being killed and subject to violence, intimidation and harassment when they speak out – for the simple fact of being women and girls. Violence against women and girls is the result of intersectional forms of social, political, economic, racial, caste and cultural discrimination perpetrated daily against women and girls in all of their diversity, including in the context of armed conflict, and States and the international community have the obligation mandated by international human rights law and standards to address this violence. Together, these forms of discrimination not only aggravate the intensity and frequency of violence but also sharpen the impunity that exists against it and increase societal and individual readiness to allow it.

Of particular concern is the fact that not only women and girls continue to be subjected to multiple manifestations of violence but that the spaces where this violence takes place have also multiplied. Nowhere is this more apparent than within online spaces, including social media. Governments, private companies and others may seek to hide their responsibilities behind the seemingly “borderless” nature of the internet. But human rights are universal and, as such, there is one human rights regime that protects the rights of women and girls offline as well as online, and that demands zero tolerance for violence against women and girls in the digital space. Violence against women and girls flourishes because those who seek to silence women and girls and facilitate their exploitation, abuse, maiming and killing are not firmly prevented from and held accountable for their actions.

It is unacceptable that in today’s world where humanity and life on this planet faces the existential threats of climate change and toxic pollution amidst a proliferation of conflict; the COVID-19 pandemic has killed at least 5 million people and infected at least 250 million worldwide in less than two years, also causing an increase in domestic violence against women, that women and girls are unable to participate fully in responding to these threats or in the search for solutions because they are discriminated, abused and continue to suffer violence, including sexual violence, exploitation and death on the basis of their sex, gender, sexual orientation and gender identity. These global crises interact with and further deepen pre-existing inequalities as well as legal, institutional and policy gaps to eliminate gender-based violence against women and girls, which in many cases, worsen them. Indigenous women, internally displaced women, women with disabilities, lesbian and transgender women and women belonging to other vulnerable or marginalized groups are particularly affected by the failure of these policies to prevent such violence, as well as protect and assist survivors.

While a number of States, non-state actors and other stakeholders have stepped up their interventions and resource allocations to prevent and respond to gender-based violence against women and girls, more effort in terms of both financial and non-financial interventions is needed to make these approaches truly transformative, particularly with regards to prevention, to avoid that policies remain ‘gender blind’, ‘gender exploitative’ or ‘race neutral’. Many of these policies do not disaggregate data based on social and racial constructs which discriminate, marginalize, exclude, and violate women and girls. These policies need to transform the prevailing social, economic and political systems that produce, nurture, and maintain gender inequality and drive violence against women and girls everywhere, through increased investment in their education and skills development, access to information, social services and financial resources, and support for positive representation and images in public discourse and social media. Collectively, they need to do more to challenge the patriarchal social norms and constructs of masculinity, femininity, racism and casteism that are based on extremely harmful stereotypes and which can cause psychological, physical, emotional and economical harm, including for women of colour, including those of African descent. These stereotypes pervade state institutions as evidenced by the lack of accountability for many cases before law enforcement and justice systems. States must also ensure access to comprehensive physical and mental care for survivors of gender-based violence, as part of the full range of quality sexual and reproductive health care that must be available for all.

Collective effort is required to stop the reversal of progress made in ending violence against women across the world and to counter the backlash against gender equality and the tenets of human rights-based legislation and governance. Those responsible for these regressive steps often begin by attempts to co-opt the justice system, change or issue new legislation and curtail fundamental rights and freedoms for women and girls, such as their freedom of thought, expression and association, their right to peaceful assembly, freedom of association, freedom of thought and, in particular, their sexual and reproductive rights. All human rights are inalienable, interdependent and exist without a hierarchy, despite the efforts of some actors to sacrifice some of these rights at the expense of others, often in the name of their own cultural or religious norms and their particular perception of societal harmony.

Women and girls around the world need to be heard; their voices should not be silenced nor their experiences go unnoticed. Women will never gain their dignity until their human rights are protected. Women’s rights are human rights. Women and girls’ agency and participation in all processes that affect their rights and lives need to be promoted and protected at all costs. States should ensure and create an enabling environment for women to exercise their fundamental freedoms of expression, association, peaceful assembly and public participation free from intimidation and attacks. States must exercise their due diligence obligation and protect women human rights defenders, activists and women’s organizations who are regularly harassed, intimidated and subjected to violence for defending their rights and promoting equality. The level and frequency of violence against them should raise alarm bells everywhere. It is, and should be, a public policy and a human rights priority.

If we want to gauge the underlying health, security and prosperity of a society, we all need to address our duty to play a part in the respect and furtherance of women and girls’ rights. There will be no prosperity without ending violence against women and girls in the public as well as in the private sphere.

There will be no ending of violence against women and girls if we don’t recognize and protect the dignity, rights and security of women and girls everywhere and at all times.” ENDS

*The experts:

Platform of independent expert mechanisms on the elimination of discrimination and violence against women (EDVAW Platform): Reem Alsalem*, Special Rapporteur on violence against women, its causes and consequences; ****Melissa Upreti ****(Chair), **Dorothy Estrada Tanck **(Vice-Chair), Elizabeth Broderick, Ivana Radačić, and **Meskerem Geset Techane, ***Working Group on discrimination against women and girls*; ****Gladys Acosta Vargas, ***Chairperson of the UN Committee on the Elimination of Discrimination against Women;* Margarette May Macaulay******, ****Rapporteur on the Rights of Women of the Inter-American Commission on Human Rights**; Iris Luarasi, President of the Group of Experts on Action against Violence against Women and Domestic Violence of the Council of Europe; Tatiana Rein Venegas**, President of the* Committee of Experts of the Follow-up Mechanism to the Belém do Pará Convention*; Maria Teresa Manuela, Special Rapporteur on the Rights of Women in Africa.*

Obiora Okafor*, Independent Expert on human rights and international solidarity; Javaid Rehman, Special Rapporteur on the situation of human rights in the Islamic Republic of Iran; Fabian Salvioli, Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence; Marcos A. Orellana, Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes; Francisco Cali Tzay, Special Rapporteur on the rights of indigenous peoples; Vitit Muntarbhorn,*Special Rapporteur on the situation of human rights in Cambodia*; Mama Fatima Singhateh, Special Rapporteur on the sale and sexual exploitation of children; Mary Lawlor, Special Rapporteur on the situation of human rights defenders; **Victor Madrigal-Borloz, ***Independent Expert on Protection against violence and discrimination based on sexual orientation and gender identity*; ****Alioune Tine****, Independent Expert on the situation of human rights in Mali; **Sorcha MacLeod (Chair-Rapporteur), Jelena Aparac, Ravindran Daniel, Chris Kwaja, ***Working Group on the use of mercenaries*; Gerard Quinn****, ****Special Rapporteur on the rights of persons with disabilities*; Livingstone Sewanyana*, Independent Expert on the promotion of a democratic and equitable international order; ****Fionnuala Ní Aoláin****, Special Rapporteur on the promotion and protection of human rights while countering terrorism; Cecilia Jimenez-Damary, Special Rapporteur on the human rights of internally displaced persons;** Saad Alfarargi, Special Rapporteur on the right to development; **Tomoya Obokata, Special Rapporteur on contemporary forms of slavery, including its causes and consequences; Fernand de Varennes****, Special Rapporteur on minority issues; Yao Agbetse, Independent Expert on the situation of Human Rights in the Central African Republic; **Nils Melzer, ***Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment*; Felipe González Morales, Special Rapporteur on the human rights of migrants; Balakrishnan Rajagopal, Special Rapporteur on the right to adequate housing; Tlaleng Mofokeng, Special Rapporteur on the right to health; Attiya Waris, Independent Expert on debt, other international financial obligations and human rights; Pedro Arrojo Agudo, Special Rapporteur on the human rights to safe drinking water and sanitation;****Elina Steinerte**** (Chair-Rapporteur), ****Ms. Miriam Estrada-Castillo**** (Vice-Chair), ****Ms. Leigh Toomey****, ****Mr. Mumba Malila****, ****Ms. Priya Gopalan****, Working Group on arbitrary detention;** Michael Fakhri, Special Rapporteur on the right to food; Ahmed Shaheed, Special Rapporteur on freedom of religion or belief; Muluka Anne Miti-Drummond,Independent Expert on the enjoyment of human rights by persons with albinism; Siobhán Mullally, Special Rapporteur on trafficking in persons, especially women and children; Clément Nyaletsossi Voule, Special Rapporteur on the rights to freedom of peaceful assembly and of association**; **Isha Dyfan, ***Independent Expert on the situation of human rights in Somalia* ; ****Luciano Hazan (****Chair-Rapporteur),**** Aua Balde ****(Vice-Chair),**** Gabriella Citroni, Henrikas Mickevicius**** and ****Tae-Ung Baik, ***Working Group on Enforced or Involuntary Disappearances*; ****Alexandra Xanthaki, ***Special Rapporteur in the field of cultural rights;* **Morris Tidball-Binz ***Special Rapporteur on extrajudicial, summary or arbitrary executions*; Anais Marin, Special rapporteur on the situation of human rights in Belarus; Surya Deva (Chairperson), Elżbieta Karska (Vice-Chairperson), Githu Muigai, Fernanda Hopenhaym, and Anita Ramasastry, Working Group on Business and Human Rights; David Boyd, Special Rapporteur on human rights and the environment; Ms. Dominique Day (Chair), Ms. **Catherine S. Namakula (Vice-Chair), Ms. Miriam Ekiudoko,** Mr. Sushil Raj, Ms. Barbara G. Reynolds Working Group of Experts on People of African Descent; **Irene Khan, ***Special Rapporteur on the right to freedom of opinion and expression.

See also:

https://www.coe.int/en/web/commissioner/-/combating-violence-against-women-in-a-digital-age-utilising-the-istanbul-convention-grevio-general-recommendation-no-1-on-the-digital-dimension-of-vio

https://www.unhcr.org/news/stories/2021/11/619e0ae14/refugee-women-lead-combating-gender-based-violence.html

India arrests Khurram Parvez again

November 23, 2021

The National Investigation Agency (NIA) of India arrested on Monday, 22 November 2021 prominent human rights defender Khurram Parvez after a day of extensive searches at his residence and office in Jammu and Kashmir capital Srinagar. He is an internationally recognized human rights defender, see: https://www.trueheroesfilms.org/thedigest/laureates/81468931-79AA-24FF-58F7-10351638AFE3

A family member told The Wire that Khurram’s residence in the city’s Sonawar locality was raided by NIA officials who were accompanied by local police and paramilitary troopers, on Monday morning. Another raid was carried out later in the day at his office in the Amira Kadal locality.

The raids were carried out in connection with a case (RC 30/2021) filed by the agency earlier this year.

Sources said the investigators confiscated Khurram’s mobile phone, laptop, some books and documents from his office and residence before taking him to the agency’s camp office in Srinagar’s Church Lane on Monday afternoon. “In the evening, we got a call to bring his clothes,” said a family member, adding that his wife and their son went to the office and handed his clothes to the officials there.

The NIA has not so far issued any statement on the arrest of Khurram, who is also the chairman of Asian Federation Against Involuntary Disappearances. Sources said his family was handed the arrest memo on Monday evening and he is likely to be flown to New Delhi on Tuesday.

The United Nations said it was disturbed by the reports of Khurram’s arrest, “I’m hearing disturbing reports that  Khurram Parvez was arrested today in Kashmir & is at risk of being charged by authorities in #India with terrorism-related crimes. He’s not a terrorist, he’s a Human Rights Defender,” Mary Lawlor, UN Special Rapporteur on Human Rights Defenders, tweeted. David Kaye, a former UN Special Rapporteur, said Khurram’s arrest under terrorism charges was “yet another extraordinary abuse in Kashmir.”

World Organisation Again Torture (OMCT), a Geneva based non-profit which works with groups across the world to fight for human rights, said it was “deeply concerned” by Khurram’s arrest, “We are deeply concerned about the high risk of torture while in custody. We call for his immediate release,” OMCT said in a tweet.
One of the most prominent rights defenders from Kashmir, Khurram has extensively worked on documenting the abuses allegedly committed both by security forces and militants in Kashmir as coordinator of Jammu Kashmir Coalition of Civil Society (JKCCS), a rights group based in Srinagar. See also: https://humanrightsdefenders.blog/2016/12/01/human-rights-defender-khurram-parvez-reluctantly-released-in-india/

The JKCCS has published more than a dozen reports on human rights abuses in Kashmir and its last report, ‘Kashmir’s Internet Siege’ focused on the mass detentions and the reported breakdown of the judicial system in Jammu and Kashmir in the aftermath of the reading down of Article 370. See also: https://humanrightsdefenders.blog/2020/02/09/forgotten-kashmir-something-has-to-be-done/

Khurram’s last tweet on August 30 this year was about a programme organised by Asian Federation Against Involuntary Disappearances and its members countries across Asia who pledged “that truth will not be buried, disappeared won’t be ever forgotten & perpetrators will never be forgiven.”

https://www.sbs.com.au/news/prominent-human-rights-activist-arrested-by-india-s-top-anti-terrorism-agency/9b91bc37-0dd2-48d4-aedc-b020fb36ea54

https://www.telegraphindia.com/india/valley-rights-activist-khurram-parvez-detained-by-nia/cid/1840157

https://thewire.in/rights/khurram-parvez-nia-arrest

https://www.reuters.com/world/india/un-criticises-disturbing-arrest-rights-activist-indian-kashmir-2021-11-23/

https://www.thehindu.com/news/national/other-states/global-rights-bodies-call-for-release-of-kashmir-based-activist-khurram-parvez/article37640132.ece

Abdulhadi al-Khawaja goes on hunger strike after ban on family calls

November 17, 2021

Jailed Bahraini human rights defender Abdulhadi al-Khawaja has started a hunger strike after being informed that he has been banned from receiving calls from family, his daughter Zaynab said on Tuesday 16 November 2021.

My father, Abdulhadi al-Khawaja, has started a hunger strike today. The prison administration informed him that he is not allowed to make any calls. Having had no visitation rights for the past two years, these calls were his only communication with us,” Zaynab al-Khawaja wrote on Twitter.

Khawaja, who turned 60 in April, is a prominent human rights defender and the former president of the Bahrain Centre for Human Rights. He has been in prison for 10 years, serving a life sentence for “organising and managing a terrorist organisation”, among other charges. See: https://www.trueheroesfilms.org/thedigest/laureates/4d45e316-c636-4d02-852d-7bfc2b08b78d

His case was one of the first high-profile arrests following the beginning of pro-democracy protests in 2011 that sparked a widespread government crackdown in Bahrain. Tens of thousands of people poured out onto the streets at the time, calling for democratic reforms, an end to discrimination against the majority Shia Muslim population and, eventually, the end of the 245-year rule of the Khalifa monarchy.

Mary Lawlor, the UN special rapporteur on the situation of human rights defenders, has called for the release of Khawaja on his 60th birthday, but her calls have been unheeded. See also: https://humanrightsdefenders.blog/2020/04/24/martin-ennals-award-laureates-rally-to-demand-freedom-for-their-imprisoned-fellow-award-winners/

“He’s serving a life sentence in prison for peacefully defending the rights of others,” Lawlor said.  

Earlier this year, Khawaja’s other daughter, Maryam, told Middle East Eye that his family’s access to him had been sporadic.

You can never expect what’s going to happen; you might have a call this week but then next week there isn’t a call. So nothing is ever set in stone,” she said during an interview in February.

Maryam has herself become one of the most prominent voices internationally for the Bahraini democracy movement. It’s a profile that has forced her to live in exile due to a sentence she received in absentia for allegedly assaulting a police officer.

What we see today is what you could call a stalemate, but it goes beyond that because it’s a situation that cannot continue the way that is it. There is absolute control over everything with regards to public space, access to freedoms and so on,” she said at the time.

A report compiled in February by the London-based campaign group Bahrain Institute for Rights and Democracy for the 10th anniversary of the uprising said that, since 2011, at least 51 people had been sentenced to death in Bahrain.

According to the report, mass trials have become “commonplace” in the country, with 167 people sentenced in a single day in February 2019. Hundreds of activists have seen their citizenship stripped by the kingdom, with an estimated 300 currently denaturalised.

https://www.middleeasteye.net/news/bahrain-jailed-activist-abdulhadi-khawaja-hunger-strike-ban-family-calls

Lawlor calls on Kyrgyzstan to stop harassment of human rights defender Kamilzhan Ruziev

November 12, 2021

Kyrgyzstan must investigate death threats against human rights defender Kamilzhan Ruziev instead of harassing him for making complaints against the police, said Mary Lawlor, the UN Special Rapporteur on the situation of human rights defenders “It is extremely disturbing that authorities began laying criminal charges against Mr. Ruziev after he exposed police torture and ineffectiveness, when they should actually be investigating the death threats made against him,”

As director of the non-governmental human rights organisation Ventus, Ruziev defends victims of torture, domestic violence, and discrimination. In 2019, a police investigator, whom Ruziev exposed for committing torture, reportedly threatened to kill him. When the State Committee for National Security and the Prosecutor’s Office failed to investigate the threats, Ruziev took them to court, only to find himself facing seven criminal charges.

“Kyrgyz authorities must give Mr. Ruziev a fair trial and effectively investigate all allegations of threats and ill-treatment against him and other human rights defenders,” she said. The next hearing on Mr. Ruziev’s case will be on 11 November 2021.

Lawlor said she was also disturbed by reports that Mr. Ruziev was ill-treated while held in detention for 48 hours in May 2020, and denied access to his lawyer.

“Now I hear that his health is deteriorating, and complaints to the authorities about violations committed against him continue to fall on deaf ears,” she added.

In a report to the Human Rights Council earlier this year on threats and killings of human rights defenders, Lawlor warned: “when a human rights defender receives death threats, swift action must be taken to prevent the threats from escalating. Impunity fuels more murders.”

Lawlor is in contact with the authorities of Kyrgyzstan on this issue, and stressed that “Kyrgyzstan must do better to safeguard the environment for human rights defenders to carry out their work.”

Her call was endorsed by: Ms. Tlaleng Mofokeng, Special Rapporteur on the right to physical and mental health.

https://www.miragenews.com/investigate-death-threats-against-human-rights-664761/

Pham Doan Trang: UN experts call for release of Vietnamese human rights defender

November 1, 2021

On 30 October 2021 AFP reported that a group of UN human rights experts called for the immediate release of Vietnamese activist Pham Doan Trang (pic), who is awaiting trial after a year in detention. The prominent Vietnamese author, who campaigns for press freedom and civil rights, was arrested in October last year. [see: https://www.trueheroesfilms.org/thedigest/laureates/fe8bf320-1d78-11e8-aacf-35c4dd34b7ba]

Trang has pushed for change on a host of controversial issues, including land grabs and LGBTQ rights. “Pham Doan Trang is only the latest victim of the authorities’ use of vaguely-defined propaganda charges to persecute writers, journalists and human rights defenders,” the experts said in a statement.

The UN experts said the charges against her stem from at least three human rights reports she co-authored, plus interviews with foreign media. They accuse the authorities of “criminalising the exercise of their right to freedom of opinion”.

We urge the authorities to immediately and unconditionally release Ms Pham Doan Trang.

The UN experts included the special rapporteurs on the right to freedom of opinion, on human rights defenders, and on the right to physical and mental health.

See also: https://humanrightsdefenders.blog/2020/10/08/vietnam-detaines-human-rights-defender-pham-doan-trang-just-after-concluding-its-annual-human-rights-dialogue-with-the-usa/

https://www.thestar.com.my/aseanplus/aseanplus-news/2021/10/30/un-experts-call-for-release-of-vietnamese-activist

48th session of the Human Rights Council: outcomes

October 19, 2021

On 11 October 2021 14 NGOs shared reflections on the key outcomes of the 48th session of the UN Human Rights Council, as well as the missed opportunities to address key issues and situations [See also: https://humanrightsdefenders.blog/2021/09/13/human-rights-defenders-issues-in-the-48th-session-of-he-un-human-rights-council/]:

We welcome the adoption of the resolution on the establishment of the UN Special Rapporteur on human rights and climate change, who will focus on the interdependence between human rights, a healthy environment, and combating climate change and we welcome the Council’s historic recognition of the human right to a clean, healthy and sustainable environment. These are vital steps towards addressing the climate crisis and achieving environmental justice.

Ensuring a safe and enabling environment for civil society participation at the national and international levels is essential.

We welcome the adoption by consensus of the resolution on cooperation with the UN in the field of human rights, in particular the invitation to the Secretary-General to submit his annual reprisals report to the General Assembly, which will ensure greater attention to the issue and contribute to a more coherent system-wide response across the UN.

We express concern over the reclassification of NGO written statements submitted to the 48th session of the HRC from Agenda Item 4 to Agenda Item 3 without informing or consulting with the submitting organizations, and without transparency for the reasons or scope of this reclassification.

We welcome that the resolution on equal participation in political and public affairs puts an important focus on the context of elections and on the impact of COVID-19, underscoring the importance of protecting civil society participation at every level  as part of an effective response to the pandemic, in post-pandemic recovery and as a vital component of democratic electoral processes. We regret that, in this and other resolutions, there has been systematic pushbacks against the inclusion of references to children’s right to participate in public affairs, in particular girls, in contravention of international human rights standards.

We also welcome the resolution on privacy in the digital age. Among other issues, the resolution responds to recent Pegasus revelations and includes new commitments on the use of privately-developed surveillance tools against journalists and human rights defenders. It is now essential that the Council goes further and champions the call made by various UN human rights experts to implement a global moratorium on the sale, export, transfer, and use of private surveillance technology without proper human rights safeguards. We also welcome new language in the text on privacy violations and abuses arising from new and emerging technologies, including biometric identification and recognition technologies. In future iterations of the text, we encourage the core group to go further in calling for a ban on technologies that cannot be operated in compliance with international human rights obligations.

With the withdrawal of the resolution on the realisation of a ‘better life’, we are glad to see that the Council’s mandate and resources will not be diverted to efforts that would distract from its core work or dilute human rights standards.

We regret that it was not possible to schedule the briefing by the Peacebuilding Commission (PBC) as per resolution 45/31 – and look forward to future opportunities for exchanges between the HRC and the PBC to learn from one another in efforts to address common contemporary challenges.

We deplore the abandonment of the Yemeni people by the HRC member States who did not support the renewal of the Group of Eminent Experts on Yemen. This failure of the HRC gives the green light to all parties to the conflict to continue their campaign of death and destruction in Yemen. We demand an international criminal investigative mechanism. Anything less is unacceptable.

We regret that the HRC has not responded to the calls of civil society and the evidence of widespread violations in countries including China, Egypt and Saudi Arabia where the situations manifestly warrant the establishment of international investigation and accountability mechanisms.

The establishment of a Special Rapporteur on the situation of human rights in Afghanistan supported by additional and dedicated expertise in OHCHR should bring much needed scrutiny. While we are disappointed that the Council did not establish the full-fledged investigative and monitoring mechanism that the situation warrants, we hope this decision represents a first step towards a stronger response to ensure accountability for human rights violations and crimes under international law in Afghanistan.

While the extension of international scrutiny in Burundi, including through ongoing documentation of violations, is welcome, we regret the absence of a clear strategy post-Commission of Inquiry. As the Burundian government continues to reject cooperation with the Council and its mechanisms and to deny violations, and given that the newly-created Special Rapporteur will not have access to the country for the foreseeable future, it is vital for the Council to rely on benchmarks to design the next steps of its action on, and engagement with, Burundi. We thank the COI for its important work since 2016. It has set the bar high for investigative mechanisms.

We welcome the extension of the mandate of the Special Rapporteur on the situation of human rights in Cambodia with a mandate to provide an additional oral update to the Council. However, the resolution falls short of the minimum action required to credibly address the increasing regression in democratic space and civil and political rights and to put in place necessary measures to create an environment conducive for free, fair and inclusive elections in 2022 and 2023, including mandating enhanced monitoring and reporting by the High Commissioner.

More than four years after the beginning of the conflict in the North-West and South-West regions in Cameroon, we deeply regret States’ failure, once again, to collectively address the country’s human rights crisis. As other international and regional bodies remain silent, the Council has a responsibility to act, including through the creation of an investigative and accountability mechanism. 

We welcome the renewal of the mandate of the Fact-Finding Mission (FFM) on Libya but regret that the mandate has only been extended for a 9-month period. The severity of ongoing and past violations and abuses in Libya, including war crimes, requires an FFM with a sustained and properly resourced mandate.

We welcome a second joint statement on Nicaragua, and urge concerned States to step up collective action in light of increasing repression ahead of the November 7 elections. Should the Government not revert course, it is fundamental that the Council takes stock and provides an adequate, strong response, including the establishment of an international mechanism at its 49th session.

We welcome the High Commissioner’s oral updates on the Philippines.  While the UN Joint Program on Human Rights (UNJP) might provide a framework for improvements, we remain concerned that the UN Joint Programme on Human Rights is instrumentalized by the Government only to please the international community. The national accountability mechanism fails to show meaningful progress. We continue to urge the Council to consider establishing a Commission of Inquiry on the Philippines, to eventually start the long-overdue independent and transparent investigation into the human rights violation in the country.

We welcome the robust resolution that extends the mandate of the Independent Expert on Somalia for a further year. 

While human rights advancements since 2019 in Sudan should be recognized, Sudan still faces significant human rights challenges including threats of the militarization of the State which is also the most challenging peril for women’s rights and WHRDs in Sudan. The transition is not complete, and political uncertainty remains. Against this backdrop, the Council’s decision to discontinue its formal monitoring of and reporting on Sudan is premature as the military establishment continues to pose a threat to democracy and stability in Sudan. We urge the Sudanese authorities to fully cooperate with the UN human rights system to address ongoing violations including sexual and gender based violence and the legacy of 30 years of dictatorship, including impunity for crimes under international law.

Signatories: International Service for Human Rights (ISHR), Cairo Institute for Human Rights Studies; DefendDefenders (East and Horn of Africa Human Rights Defenders Project); Commonwealth Human Rights Initiative (CHRI); FIDH; ARTICLE 19; International Commission of Jurists; FORUM ASIA; International Bar Association; Franciscans International; CIVICUS: World Alliance for Citizen Participation; Association of Progressive Communications – APC; child rights connect; Gulf Center for Human Rights

https://ishr.ch/latest-updates/hrc48-civil-society-presents-key-takeaways-from-human-rights-council/

Indonesia: Human Rights Defenders under pressure

October 15, 2021

Here a bit of wrap up on recent developments in Indonesia. First two disclaimers:

(1) I have a long-standing interest in this country [see: Indonesia and the Rule of Law, 20 Years of “New Order” Government, a Study prepared for the ICJ, published by Frances Pinter Publishers, London, 1987, pp 208 (ISBN: 0 86187 919 8) and previous posts: https://humanrightsdefenders.blog/tag/indonesia/]

(2) the human rights situation has generally improved since that book in 1987 and is a lot better compared to other countries in Asia such as China and Myanmar.

Still, there is no case for complacency as many of the hopes raised with the election of President Jokowi were dashed (see e.g.: https://www.economist.com/asia/2021/08/19/indonesias-president-promised-reform-yet-it-is-he-who-has-changed)

Over the past two years, human rights defenders (HRDs) have faced unprecedented challenges in Asia, where existing risks were exacerbated, while new threats have emerged. Governments enacted and used repressive laws, online harassment became widespread, and Asian HRDs have seen their families and loved ones increasingly subjected to harassment and threats. The COVID-19 pandemic has also significantly increased violations against defenders, and created new challenges for them to safely conduct their work.

Asian Forum for Human Rights and Development (FORUM-ASIA) and the Commission for Disappeared Persons and Victims of Violence (KontraS) presented a joint analysis, “Refusing Silence: A joint analysis on the situation of Human Rights Defenders”, as part of a collaboration in documenting cases of violations against human rights defenders in Asia, and particularly in Indonesia since 2020. [For the full PDF version of this analysis in English, click here]

The Indonesian government should put an end to the judicial harassment against human rights defenders Fatia Maulidiyanti and Haris Azhar, and uphold the right to freedom of expression, the human rights organisations said.

‘The Government of Indonesia must uphold its international human rights obligations under the International Covenant on Civil and Political Rights (ICCPR) as well as its own national constitution which protects the right to freedom of expression,’ said the groups.

The groups urged the Indonesian government to ensure that all persons can express their opinions without fear of reprisals, and to ensure its actions are compliant with Indonesia’s Constitutional protections for human rights and the ICCPR, of which Indonesia is a State Party. The National Human Rights Institution, Komnas HAM, must also work towards ensuring the protection of defenders facing judicial harassment, the groups said.

On 22 September, Luhut Binsar Pandjaitan, the Indonesian Coordinating Minister for Maritime Affairs and Investment filed a police report against human rights defenders Fatia Maulidiyanti, Coordinator of the Commission for the Disappeared and Victims of Violence (Kontras), and Haris Azhar, Founder of Lokataru Foundation. The police report alleges that the two individuals violated criminal defamation provisions (Article 310 (1) of the Penal Code), and the controversial Electronic Information and Transaction Law (EIT Law). Luhut Binsar Pandjaitan has reportedly demanded IDR 300 billion, approximately USD 21 million, in compensation.

The report was filed after subpoenas were earlier sent to the two human rights defenders following a talk show on Haris Azhar’s YouTube channel, titled ‘Ada Lord Luhut di balik Relasi Ekonomi-Ops Militer Intan Jaya!! Jenderal BIN Juga Ada!!’, (There is Lord Luhut behind the relation of Economy-Military Operation Intan Jaya!! General of State Intelligence Agency is also there!!) in which Haris Azhar and Fatia Maulidiyanti discussed the findings of a multi-stakeholder report revealing the alleged involvement of active and retired Indonesian army officials in the business operations of the gold mining sector…

The report also recorded the escalation of violent and armed conflict triggered by military operations, one of which occurred in the Intan Jaya Regency. The conflict resulted in the loss of civilian lives and the displacement of thousands of people, including children and women.

The legal actions by the Coordinating Minister constitute judicial harassment and abuse of power. It criminalises the rights of these two human rights defenders to express their opinions on public affairs and creates a chilling environment for individuals who criticise the government,’ the groups said.

We call on the Indonesian government to amend all repressive laws and legal provisions that hinder the protection of freedom of expression, and ensure the laws align with international human rights standards. The criminalisation of defamation is an inherently disproportionate and unnecessary restriction to the right to freedom of opinion and expression, under international human rights law.[4] Indonesia must immediately drop the charges against Fatia and Haris and take steps towards preventing the misuse of litigation against human rights defenders and civil society that erode the exercise of their rights,’ they concluded.

And then there is the situation of Papua:

Indonesia regularly receives criticism for its strategy in relation to separatist groups in Papua, a strategy that relies heavily on a security-based approach and which has raised questions about the government’s commitment to human rights. Most recently, the nation found itself included on a list of 45 countries cited as being culpable of intimidation and reprisals against human rights defenders seeking to cooperate with the UN, according to an annual report from the UN Secretary General’s Office distributed on September 17.

Between May 2020 and April this year, five individuals seeking to cooperate with UN human rights agencies – Wensislaus Fatubun, Yones Douw, Victor Mambor, Veronica Koman [see also: https://humanrightsdefenders.blog/2019/10/24/indonesian-human-rights-defender-veronica-koman-receives-sir-ronald-wilson-human-rights-award/]and Victor Yeimo – were “subject to threats, harassment and surveillance by government, non-state and private actors, including business enterprises and local political actors”, the report said.

On 21 September 2021 A U.N. expert has urged Indonesia to provide an independence activist in its Papua province with proper medical care to “keep him from dying in prison”, after reports that his health had deteriorated.

Victor Yeimo, 39, who is the international spokesman of the West Papua National Committee, was arrested in the provincial capital of Jayapura in May. He has been charged with treason and inciting violence and social unrest in relation to pro-independence protests that swept the remote, resource-rich region for several weeks in 2019. Yeimo has denied the charges.

His trial went ahead in August despite repeated requests from his lawyer for a delay on medical grounds, Mary Lawlor, U.N. special rapporteur on the situation of human rights defenders, said in a statement on Monday. “I’ve seen it before: States deny medical care to ailing, imprisoned human rights defenders, which results in serious illness or death,” said Lawlor. “Indonesia must take urgent steps to ensure the fate does not await Mr Yeimo,” she said, adding that his access to medical care had been restricted and his prison conditions “may have amounted to torture”. Yeimo is being treated at a Jayapura hospital after a court ordered he receive medical attention. Papuan activist Rosa Javiera told a news conference organised by the rights group Amnesty International on Tuesday that Yeimo was suffering from chronic tuberculosis that required continuous medical treatmentt.

The Indonesian government has used the covid-19 pandemic as a pretext to crack down on West Papuan street protests and to impose online censorship, according to new research published by the human rights watchdog TAPOL. Covid-19 protocols have given more power to the police and military to crush protests but they are not fairly implemented across Indonesia in general. The findings are in a new study, the West Papua 2020: Freedom Of Expression And Freedom Of Assembly Report, in which TAPOL has collated and analysed incidents recorded by West Papuan and Indonesian civil society organisations.

The West Papua 2020 Report
The West Papua 2020 Report. Image: Tapol screenshot APR

https://www.phnompenhpost.com/international/indonesia-faces-scrutiny-over-papua

https://www.ucanews.com/news/widodo-criticized-for-rights-violations-in-indonesia/94647#

New Right to Healthy Environment: NGOs urge action

October 11, 2021

On 11 October 2021 ReliefWeb published the open letter signed by 166 civil society organizations and individuals calling upon world leaders to put human rights at the centre of environmental policy (for signatories see link below).

“Respecting and protecting human rights and protecting the environment are inextricably linked. Yet while Heads of State from 88 countries have called to end siloed thinking in the Leaders Pledge for Nature, environmental policy-making still too often excludes or sidelines human rights.

Today we, the undersigned — a broad range of indigenous peoples’ organisations, civil society groups — including human rights, land and environmental defender organisations — academics and [UN] experts from the Global South and North — call on the world’s leaders to bring together human rights, environmental and climate in policy-making in order to secure a just, equitable and ecologically healthy world for all.

The reciprocal relationship between nature and people has existed since time immemorial, but it is now unbalanced. There are countless examples in all parts of the world of how forests, savannas, fresh water sources, oceans, and even the air itself, are being privatised, polluted and destroyed by industries such as agriculture, timber, pulp and paper, mining and oil and gas extraction. These and many other industries not only wreak destruction on Mother Earth, but they also have direct and devastating impacts on human rights. Indigenous peoples and local communities living in close proximity to the production, extraction and processing of raw materials suffer dispossession of their lands, impoverishment, deterioration of their health, and destructive impacts on their culture, among many other abuses. In turn, human rights, land and environmental defenders who seek to prevent these violations suffer threats, criminalisation and violent attacks, and increasingly, killings.

The costs of both environmental destruction and measures to address this often fall disproportionately on those already in precarious positions — such as indigenous peoples, afro-descendants, local communities, women, children and youths, and poorly-paid workers, particularly in the Global South but also in the Global North — while the profits of the largest and most environmentally-damaging industries, and the wealth of their owners and financers, continues to grow. It is unforgivable that polluting industries profit at the expense of the health and human rights of marginalised communities. And, ultimately, this environmental destruction has indirect human rights impacts on us all.

Just this month the Human Rights Council adopted a resolution recognising the Right to a Healthy Environment. Yet while there is evidence that the protection of human rights can lead to better environmental outcomes, calls for recognition of the holistic and indivisible nature of human rights and the environment often go unheeded in global, regional and national environmental and climate policy forums.

This must change. As a global community we face multiple, intersecting crises: increasing human rights abuses and environmental harms by companies, land grabs, the loss of food and water sovereignty, increasing poverty and inequality, increased attacks and killings of defenders, climate change-induced disasters and migration, the diminishing health of the oceans and critical biodiversity loss. Resolving these crises demands a holistic approach to environmental policy that embeds human rights and tackles systemic problems, including historically rooted social injustice, ecological destruction, state capture by corporations, corruption and impunity, as well as and social and economic inequality.

We urge world leaders to ensure that all policymaking related to the environment — including the climate and biodiversity crises, ownership and use of land, water and resources, ecosystem degradation, corporate accountability and trade, among others — address human rights and the environment in an integrated manner. This would help to catalyse the transformative action that is urgently required.

Respect for, protection, promotion and fulfilment of human rights, and the protection of those who defend them, must be an essential and non-negotiable part of measures adopted in upcoming negotiations at the UN Convention of Biological Diversity, COP15, and the UN Framework Convention on Climate Change, COP26. Human rights must also be central to regional and national level climate and environmental policies, such as proposed deforestation legislation in the UK, the EU and the USA, which must be further strengthened.

The time to act is now: we call on you to unite human rights, climate and the environment once and for all. In doing so, you can help us and our future generations to thrive by living in harmony with nature. And in doing so, you can affirm that both nature and people have intrinsic worth and that governments are serious in living up to their duty both to protect Mother Earth and to respect, protect and fulfil human rights.”

See also: https://humanrightsdefenders.blog/2021/09/13/global-witness-2020-the-worst-year-on-record-for-environmental-human-rights-defenders/

https://reliefweb.int/report/world/open-letter-civil-society-world-leaders-put-human-rights-centre-environmental-policy

https://www.scoop.co.nz/stories/WO2110/S00102/civil-society-calls-on-world-leaders-to-put-human-rights-at-the-centre-of-environmental-policy.htm

Reprisals on the agenda of the UN and the new ISHR campaign to #EndReprisals!

September 30, 2021

On 29 September 2021 took place – in the 48th session of the UN Human Rights Council – the Interactive Dialogue on the Report of the Secretary-General on Cooperation with the United Nations, its Representatives and Mechanisms in the Field of Human Rights.

Allegations of reprisals and intimidation were documented against some 240 civil society members, activists and journalists, across 45 countries in the year up to 31 April, simply because they had been cooperating with the United Nations.  

That’s according to data from a new report presented on Wednesday to the Human Rights Council by the UN Assistant Secretary-General for Human Rights, Ilze Brands Kehris.  

Many cases were reported anonymously, because of fear of reprisal.  There were also around 50 individuals who experienced detention, while others were subjected to house arrest. 

Despite some push-back, Ms. Brands Kehris said the report “makes clear” that “the scope and severity of cases of intimidation and reprisal persist and in unacceptably high numbers.” 

The Assistant Secretary-General for Human Rights, presenting the report of the Secretary-General on cooperation with the United Nations, its representatives and mechanisms in the field of human rights, drew attention to four key trends that emerged from the report. First, in close to half of the countries mentioned in the report, she said that the United Nations had received allegations of monitoring and surveillance, both online and offline, of individuals and groups who cooperated, or attempted to cooperate, with the United Nations. Numerous cases included hacking of accounts, travel bans and other movement restrictions. Second, the United Nations saw signs of a possible pattern in several countries: China, Egypt, Iran, Saudi Arabia and Viet Nam, as well as India, Israel, Myanmar, Philippines and Venezuela. In the first five, the United Nations had identified serious issues with the detention of victims of reprisals and intimidation.

Third, some cases concerned the use of restrictive legislation that prevented or punished cooperation with the United Nations, notably on grounds of national security, including counter-terrorism measures, or based on laws governing activities of civil society organizations. Fourth, the increasingly challenging, or even at times repressive, environments for victims, human rights defenders, journalists and other civil society actors were indicated by the fact that many were deterred from providing specific details about a case, or declined to draw the United Nations’ attention altogether.

Victims of acts of reprisal and intimidation for cooperation with the United Nations continued to be subjected to serious human rights violations – in particular, arbitrary arrests and detention, but also torture and ill-treatment and, even death in custody, killing and enforced disappearances. In the digital sphere, activists and journalists had been attacked on social media after speaking at United Nations meetings and victims had been targeted for submitting information to or communicating electronically with the United Nations. While the report noted that more women were increasingly cooperating with the United Nations, including by using on-line opportunities, the price of such interactions for some included arrests and detention, harassment and intimidation, as well as stigmatisation and vilification. The United Nations could not tolerate that those who brought critical perspectives to the United Nations were silenced. More and better needed to be done to provide safe and open spaces for interaction, where those who spoke up could be heard, and could do so without fear of any sort of retribution.

Speakers regretted that the number of reprisals remained high and that the cases mentioned reflected solely the tip of the iceberg. They were worried about the continued trend of using justifications of any kind for blocking access to the United Nations as well as measures adopted in response to the COVID-19 pandemic as a pretext to stifle civil society space. Concerns were expressed about cases of intimidation and reprisals committed by Human Right Council Members, since they should uphold the highest standards in the promotion and protection of human right, especially against women. Some speakers praised the important and vital role played by civil society in promoting and advancing the global human rights agenda, including through meaningful engagement with the United Nations human rights machinery. They deplored any act of reprisal aiming to restrict or hinder the ability of individuals to access and communicate with international bodies, in particular the United Nations, its representatives and mechanisms in the field of human rights. Some speakers said that reprisals and intimidation against those who cooperated with the United Nations were an attack against the very essence and proper functioning of the United Nations system itself. They condemned any form of intimidation, harassment and reprisals, both offline and online, and called on all States to respect and protect persons cooperating with the United Nations system.

Some speakers stressed the importance of having a constructive and meaningful dialogue on any alleged cases of reprisal and called upon all to pay special attention to fulfil their responsibilities in providing credible and reliable information that should be thoroughly checked and corroborated in order to avoid reaching any false conclusions. They believed it was the mutual responsibility and duty of all stakeholders to collaborate together in order to preserve the efficiency and credibility of the United Nations human rights machinery. One speaker regretted the unfounded mentions contained in the report presented by the Assistant Secretary-General on alleged cases of reprisals. They invited the Assistant Secretary-General to address with objectivity, transparency and impartiality alleged reprisals, which could not be taken a priori as true, as they were not.

The International Service for Human Rights (ISHR) which is following this topic most keenly says: People who defend human rights must be able to access and communicate with the UN freely & safely. It started a campaign to Call on States at the UN to #EndReprisals!

Help us to #EndReprisals at the UN

Human rights defenders work to make a fairer, more sustainable and just world by promoting and protecting human rights. In considering human rights situations around the world, the UN system is profoundly dependent on the information and testimonies provided by human rights defenders who document situations, abuses and violations. They are essential voices from our communities that need to be part of the conversations at the United Nations.

This important role is a key reason why some States seek to systematically prevent defenders from engaging with UN bodies and mechanisms, and to reprimand and punish those who do engage. They do so through repressive tactics that range from administrative hurdles and travel restrictions to intimidation, imprisonment and killings. 

This is not right. Everyone has the right to access and safely communicate with the UN.

Human rights defenders must be able to share crucial information and perspectives with the UN, safely and unhindered.

Do you agree ? Then send a tweet to States at the UN and ask them to support a resolution to #EndReprisals.

Click to tweet!

We want human rights defenders to have a ‘seat at the UN table’ and be able to effectively and safely engage with UN human rights mechanisms and bodies. We want States and non-State actors to refrain from intimidating or carrying out reprisals against defenders when they engage or seek to engage with the UN. When intimidation and reprisals do occur, we want  the UN to effectively address these cases, support the victims and push for accountability and redress. 

How do we achieve this? 

The countries on the Human Rights Council have the opportunity to take a clear stand on reprisals and intimidation against those who engage with the UN.  During the 48th session of the Human Rights Council, between the 17 September and 4 October 2021, States will negotiate a resolution that aims to strengthen the response by the UN and States to intimidation and reprisals. The resolution invites the UN Secretary General to submit his annual report on reprisals and intimidation to the UN General Assembly.  Until now, the report has only been presented to the Human Rights Council. The General Assembly is the main policy-making forum of the UN and all 193 States are represented there. Reprisals and intimidation related to cooperating with the UN is a serious system-wide issue and having it discussed at the General Assembly amongst all Member States is crucial to effectively preventing and addressing it. We are calling on States, through meetings, letters and on social media to support the resolution and resist any efforts to undermine and weaken it.

States must take a clear and public position at the UN against intimidation and reprisals and hold their peers to account. Every year the UN Secretary-General publishes a report on incidents of reprisals and intimidation. That report will be discussed at the Human Rights Council on 29 September 2021. We therefore also call on governments States to take a stand during the discussion, publicly condemn reprisals and intimidation against those who engage with the UN, and raise specific cases of victims. 

What you can do? 

Together we can make sure a strong resolution on reprisals is adopted and push for everyone at the UN to take this issue seriously. This is a crucial step to #EndReprisals. Click on the image below before 4 October to send a tweet to States on the Human Rights Council who have not been supportive of this issue in the past and call on them to support the resolution. 

Click to tweet!

If you prefer to write or engage directly with States representatives, here you can find an advocacy kit with a draft email, as well as their addresses and twitter contacts

https://reliefweb.int/report/world/high-commissioner-human-rights-council-has-given-disturbing-diagnosis-human-rights

https://news.un.org/en/story/2021/09/1101722

https://ishr.ch/action/campaigns/endreprisals/

Documentary film Arica gets attention from United Nations Human Rights Council

September 15, 2021

On 2 June 2021 Davide Abbatescianni wrote in Cineuropa about Lars Edman and William Johansson’s film which documents the devastation caused by a Swedish mining giant in a Chilean desert town

Over 30 years after Swedish mining and smelting giant Boliden shipped almost 20,000 tons of toxic mining waste to the Chilean desert city of Arica, a group of Special Rapporteurs from the United Nations Human Rights Council (UNHRC) led by Dr Marcos Orellana have made allegations of ongoing human rights abuses, as exposed in Lars Edman and William Johansson’s documentary Arica [+]. The feature was presented at last year’s IDFA and is set to continue its festival run in Spain, the Czech Republic, Italy and Belgium.

Exposure to the waste led to numerous cases of cancer, birth defects and serious diseases. Currently, the Chilean government estimates that around 12,000 people were exposed to the toxins. The UNHRC has advised the Swedish government that “urgent measures should be taken to repatriate the hazardous wastes to Sweden and/or ensure the disposal of the hazardous wastes in an environmentally sound manner”.

Particular criticism is aimed at Boliden Mining, which the body accuses of “intimidating and threatening behaviour” towards human rights defenders – namely, the legal team representing the victims in Arica. They allege that such an approach, adopted by Boliden following the decision by the Swedish court of appeal not to hear the Arica case on the grounds that Boliden’s actions took place too long ago to be tried under Swedish law, was “a deliberate attempt to produce a wider, chilling effect of silencing and intimidating other lawyers and human rights defenders”. The United Nations’ action has been welcomed by victims and campaigners, including community campaigner Rodrigo Pino Vargas, who said: “For over 30 years, we have seen our families and our neighbours suffer the consequences of this Swedish waste. We have buried our children and been forced from our homes. We will not stop until our voices are heard and the damage is repaired. Even when we win in court, we find nothing but broken promises. For the first time, the intervention of the United Nations gives us hope that our human rights will be upheld. The people of Arica demand that immediate action be taken to meet our health needs and that the toxic waste be returned to where it belongs – in Sweden.”

The acclaimed documentary, shot over the course of 15 years, sheds light on a shameful case of modern colonialism. After losing their case in 2018 with a sentence that ultimately sided with Boliden, rejecting the Chilean judges’ verdict on the firm’s responsibilities and decriminalising their misdeeds, another appeal was lost in 2019. As of today, the Swedish Supreme Court has not granted Arica’s victims the right to appeal, and Boliden is threatening to sue their lawyers to make them pay the legal costs, a sum close to $5 million.

Producer Andreas Rocksén commented: “When Lars and William began filming 15 years ago, their intention was to ensure that the voices of the people in Arica, affected by the waste that came from under the soil where they grew up, would be heard. What has happened since has surpassed any expectations: their story is being heard around the world, and yet those same people in Arica are still fighting for justice. We will continue to amplify their voices as best we can and applaud all the different initiatives aimed at seeing their human rights upheld.”

Meanwhile, political pressure in Sweden is mounting as the country prepares to host the Stockholm+50 event, marking 50 years since the first-ever UN Conference on the Human Environment.

Arica was produced by Swedish independent studio Laika Film & Television, and was co-produced by Belgium’s Clin d’Oeil Films, Chile’s Aricadoc, Norway’s Relation04 Media and the UK’s Radio Film Ltd. Its world sales are entrusted to Swiss outfit Lightdox.

https://www.cineuropa.org/en/newsdetail/405513