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The NGOs summarize the results of the 40th session of the Human Rights Council

March 25, 2019

On 22 March 2019 a group of important international NGOs (Amnesty International, ARTICLE 19, FORUM-ASIA, DefendDefenders, Center for Reproductive Rights, Human Rights House Foundation, Human Rights Watch, International Commission of Jurists, and the FIDH) published a joint assessment of the main result of the 40th session of the UN Human Rights Council including the adoption by consensus of the resolution on environmental human rights defenders, continued Council scrutiny over Sri Lanka, Myanmar, South Sudan, Syria and Iran, as well as initiation of Council action on Nicaragua and several joint statements on Saudi Arabia, Chechnya and Cameroon.

Ten leading human rights organisations* welcomed significant Council outcomes at the 40th session such as a strong consensus resolution recognising the critical role of environmental human rights defenders [see: https://humanrightsdefenders.blog/2019/03/23/human-rights-council-recognises-vital-role-of-environmental-human-rights-defenders/] and the continued and increased scrutiny by the Council over a range of situations of rights violations across the globe. The organisations also expressed their concerns over the Council’s failure to hold the Philippines, Egypt, Libya and China accountable and urged States to take action at upcoming Council sessions.

We welcome the positive step the Council has taken in the direction to effectively protect environmental human rights defenders (EHRDs). By adopting the resolution by consensus, the Council has collectively and explicitly recognized the vital role of EHRDs, including in attaining the SDGs sustainable development goals and ensuring that no-one is left behind, and called for their protection. ……..

We welcome South Africa’s leadership to put on the Council’s agenda emerging human rights issues, in bringing attention to the multiple and intersecting forms of discrimination that women and girls face in the field of sports, especially on the basis of race and gender…

While we welcome the extension of Council attention on Sri Lanka for another two years, a concrete, transparent, and time-bound action plan is urgently needed to implement its commitments under resolution 30/1 in collaboration with OHCHR. Given the lack of progress and political will to implement these commitments, in the absence of immediate progress, the Council should consider additional measures or mechanisms for ensuring victims’ rights to truth, justice and reparations. Individual States need not wait to exercise universal jurisdiction.

We welcome the resolution on Myanmar and its strong focus on ending impunity and ensuring accountability, and we call for the swift operationalisation of the Independent Investigative Mechanism (IIM). We welcome steps taken to review the UN’s involvement in Myanmar. We urge the UN Secretary-General to ensure that it is independent and transparent, and present the findings and recommendations at the Council’s 43rd session.

We welcome the renewal of the mandate of the Commission on Human Rights in South Sudan, a vital mechanism for human rights reporting and evidence gathering. It sends the right message to the government and all parties to the conflict: There can be no lasting peace without justice…

By adopting a resolution on Nicaragua, the Council sent a signal to victims of the current crisis that the international community will not allow impunity for the serious ongoing violations to prevail. We look forward to robust reporting from the OHCHR and we urge the Nicaraguan government to fully engage with the Office to ensure the victims’ rights to truth, justice and reparation.

The Council sent a strong message of support to human rights defenders in Saudi Arabia [see: https://humanrightsdefenders.blog/2019/03/08/saudi-arabia-for-first-time-openly-criticized-in-un-human-rights-council/]……

..We welcome the joint statement on Chechnya delivered by more than 30 States and join the call on the Russian authorities for the persecution to stop: for the immediate and unconditional release of all detained for their actual or perceived sexual orientation or gender identity, and for swift, thorough, and impartial investigations.

We welcome the Cameroon joint statement which advances both Council membership standards and its prevention mandate, and urge the Council to keep the matter under scrutiny.

While we have welcomed the Council’s attention to several situations of gross rights violations, we remain concerned about the lack of consistent and principled leadership by States, in particular by Council members.

We are disappointed that even though the demands of several EU and WEOG States to move the resolution on accountability for crimes committed in the Occupied Palestinian Territories from item 7 to item 2 was met, they still failed to support the resolution. This suggests that no matter the item number, some WEOG members continue in failing to protect the human rights of Palestinians, effectively shielding Israel from accountability.

We regret that States have yet again failed to initiate Council action on the Philippines amidst continued unlawful killings in the government’s so-called war on drugs, and increased targeting of independent media, civil society organisations, and human rights defenders. ……….

We are deeply disappointed that the resolution adopted on Libya again lacks any meaningful accountability mechanism or mandate, despite the impunity for the widespread and systematic violations of international humanitarian and human rights law that prevail there.

We deplore that despite credible reports of the detention of up to 1 million Uyghurs and other Turkic Muslims in western China, the Council has yet again given a pass to China, permitting impunity for widespread and severe human rights violations. The efforts China has made to keep States silent, exemplified by intimidation and threats on the one hand and whitewashing the situation on the other, demonstrate the degree to which Council action could have had meaningful results if States had instead called clearly and collectively for an independent, unrestricted fact-finding mission.

…….We applaud Mexico and other States’ resolve to safeguard the independence of the mandate of the Special Rapporteur on the promotion and protection of human rights while countering terrorism and to resist any attempts to dilute, distract or distort its essential focus, ensuring that the Rapporteur can continue to have positive impacts both in preventing and responding to human rights violations committed in the name of countering terrorism and in relation to the human rights of victims of terrorism. We urge States to remain vigilant to resist future attempts to undermine the Special Procedures system – the eyes and ears of the Council.

We welcome the Council’s renewal of the mandates of the Special Rapporteur on Iran and the Commission of Inquiry on Syria, so that both can continue to perform their vital work fulfilling their respective mandates and addressing the dire human rights situations in both countries.  We urge the Iranian and Syrian authorities to change their posture of noncooperation with the respective mandate .

Several of our organisations have urged the UN High Commissioner to publish the database on businesses in Israeli settlements and were alarmed at its further delay.  We urge the High Commissioner to release the database with all due haste.

We welcome the renewal of the Special Rapporteur on freedom of religion or belief mandate, and the maintenance of consensus on the Council resolution 16/18 framework for addressing religious intolerance . Rising intolerance and hate is a global concern, and States must move beyond rhetoric to action in implementing these standards.

The High Commissioner’s update on Venezuela during this session reflected the dire human rights situation in Venezuela. We urge all States to consider what more the Council can do to address the worsening human rights crisis in the country and to support all victims.

We note the highly disturbing report by the Special Rapporteur on adequate housing concerning grave reprisals by the Egyptian government against those who cooperated with her during her recent visit to the country and urge this Council to take action to address these attacks.

We welcome the passage of the resolution on Georgia and the continued attention devoted to the importance of full and unimpeded access for the Office of the High Commissioner and international and regional human rights mechanisms.

The full statement can be found via the link below:

http://www.ishr.ch/news/hrc40-civil-society-presents-key-takeaways-human-rights-council

https://www.unog.ch/unog/website/news_media.nsf/(httpNewsByYear_en)/F8666286FD4F67E7C12583C5006579ED?OpenDocument

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Human Rights Council recognises vital role of environmental human rights defenders

March 23, 2019

The ISHR reports that on 21 March 2019 the UN Human Rights Council has adopted a strong consensus resolution recognising the critical role of environmental human rights defenders in protecting vital ecosystems, addressing climate change, attaining the sustainable development goals (SDGs) and ensuring that no-one is left behind. [See also: https://humanrightsdefenders.blog/2019/01/09/front-line-defenders-says-record-number-of-activists-killed-in-2018/].

The resolution meets many of the civil society demands ISHR expressed in a joint letter along with more than 180 groups (see reference below). By formally acknowledging the important role of environmental human rights defenders, the Council highlights the legitimacy of their work, helps counter stigmatisation and can contribute to expanding their operating space. Though the resolution falls short in some key areas, its adoption by consensus is a positive step towards better protection of environmental human rights defenders. It must now be followed by implementation at the national level by all relevant stakeholders, including States, UN agencies, businesses and development finance institutions….

The resolution was led and presented by Norway, on behalf of 60 States from all regions. In particular, many Latin American States strongly supported the resolution, which is significant given the dangerous situation for defenders in many of those countries. The consensus on the protection of environmental human rights defenders is a welcome sign of unity by the international community in recognising their vital contribution to a biodiverse and healthy environment, to peace and security, and to human rights.

‘We now look to States, business enterprises and development finance institutions to take rapid and decisive steps to address the global crisis facing environmental human rights defenders’, said Michael Ineichen, Programme Director at the International Service for Human Rights. ‘This means States need to create protection mechanisms which guarantee the security of defenders. States must also ensure that businesses put in place specific policies and processes allowing for the inclusion of human rights defenders and their concerns in due diligence processes’, Ineichen said.   

Key points of the resolution:

  • Expresses alarm at increasing violations against environmental defenders, including killings, gender-based violence, threats, harassment, intimidation, smear campaigns, criminalisation, judicial harassment, forced eviction and displacement. It acknowledges that violations are also committed against defenders’ families, communities, associates and lawyers;
  • Recognises that the protection of human rights defenders can only be achieved through an approach which promotes and celebrates their work. It also calls for root causes of violations to be addressed by strengthening democratic institutions, combating impunity and reducing economic inequalities;
  • Pays particular attention to women human rights defenders, by stressing the intersectional nature of violations and abuses against them and against indigenous peoples, children, persons belonging to minorities, and rural and marginalised communities;
  • Urges States to adopt laws guaranteeing the protection of defenders, put in place holistic protection measures for and in consultation with defenders, and ensure investigation and accountability for threats and attacks against environmental human rights defenders; and
  • Calls on businesses to carry out human rights due diligence and to hold meaningful and inclusive consultations with defenders, potentially affected groups and other relevant stakeholders.

While the resolution was adopted by consensus, the unity came at the price of a lack of specificity in certain areas. For instance, the resolution does not clearly recognise all of the root causes of the insecurity facing environmental human rights defenders, as documented by UN experts, nor comprehensively name the perpetrators or the most dangerous industries. It also fails to clearly spell out the human rights obligations of development finance institutions, and to detail the corresponding necessary steps to consult, respect and protect the work of environmental human rights defenders. 

https://www.ishr.ch/news/hrc40-council-unanimously-recognises-vital-role-environmental-human-rights-defenders

https://www.ishr.ch/news/hrc40-states-should-defend-environmental-human-rights-defenders

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Human Rights Council: Reprisals instead of responses is the answer by many States

March 21, 2019

Room XX of the Human Rights Council

In two statements delivered to the 40th Session of the Human Rights Council, ISHR and Amnesty International reacted to the latest Joint Communications Report of the UN Special Procedures – independent human rights experts, appointed to monitor and report on human rights violations and to advise and assist in promoting and protecting rights. The report cites nine cases of reprisals against human rights defenders cooperating with the UN, and reveals that 95 states have not responded to letters from the UN experts concerning human rights violations.

There are two, related issues at stake here: (1) non-response to letters from the UN, and even worse (2) reprisals against human rights defenders who cooperate with the UN.

When I started my blog in 2010 (and one of the motivations) a main concern was the lack of response and enforcement [see https://humanrightsdefenders.blog/2011/03/20/taking-on-non-response-this-bloggers-lone-response/ and : https://www.linkedin.com/pulse/20140603192912-22083774–crime-should-not-pay-in-the-area-of-international-human-rights ].

As Helen Nolan of ISHR explains, 35 States have recently failed to respond to two or more of these letters. 13 of these nations are members of the Council. ‘Repeat offenders are a particular concern,’ says Nolan. ‘India has failed to reply to a staggering 8 communications, Mexico 6, Italy 5, and Bangladesh and Nepal 4 each.’ Nolan emphasises that a failure to reply is a failure to cooperate, and welcomes the fact that the recently published report of the Annual Meeting of Special Procedures focuses on non-cooperation, including ‘more subtle forms’, such as selective cooperation with particular mandates. ‘To encourage cooperation, the Council must make non-cooperation more costly,’ says Nolan. ‘We urge the President of the Council to work closely with the Coordinating Committee of the Special Procedures to find ways to do this,‘ adds Nolan.

ISHR and Amnesty International’s second statement noted that under GA Resolution 60/251, Council members must ‘fully cooperate with the Council.’ Yet, the report cites nine cases of reprisals involving these members:

  • China sought to revoke the Society for Threatened Peoples’ ECOSOC status after vexatiously alleging that a person accredited by them, Dolkun Isa, participated in incitement and funding of separatism and terrorism, in retaliation for cooperation with the UN;
  • Egypt carried out forced evictions, and violations of the rights to physical integrity, liberty and security against individuals who cooperated with the Special Rapporteur on the right to adequate housing during her recent visit;
  • Iraq carried out unlawful arrest, enforced disappearance and torture against Imad Al Tamimi and intimidated and threatened Israa Al Dujaili for cooperating with the UN;
  • Libya arrested an individual in retaliation for taking steps to clarify the fate and whereabouts of his father, including with UN mechanisms;
  • The Philippines labeled defenders “terrorists” in reprisal for their engagement with the UN;
  • Russia surveilled, intimidated and harassed Yana Tannagasheva and her husband, for speaking out about impacts of coal mining on indigenous people in Siberia and in possible reprisal for their communication with UN mechanisms;
  • Turkmenistan carried out reprisals against a defender and her husband for her cooperation with the UN; and
  • In Yemen, forces loyal to President Hadi and the Saudi-led coalition detained human rights defenders Radhya Al-Mutawakel and Abdulrasheed Al-Faqih for cooperating with the UN.

‘We call on the President of the Council to request updates on the cases from Iraq, Libya, Russia, Turkmenistan and Yemen, as there has been no response from the States concerned,’ said Nolan. For an older post on reprisals, see: https://humanrightsdefenders.blog/2014/03/13/zero-tolerance-for-states-that-take-reprisals-against-hrds-lets-up-the-ante/

Full text of the first statement (on failure to reply) available here.

Full text of the second statement (on cases of reprisals) available here.

You can also watch the videos of the statements via the link below:

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Special Rapporteur Diego Garcia-Sayan not swayed by Moroccan assurances for his visit

March 21, 2019

Morocco Deplores UN Special Rapporteur’s Reasons for Canceling Visit
Morocco World News reports on 20 March 2019 that Morocco deeply regrets and denounces UN special rapporteur on the independence of judges and lawyers Diego Garcia-Sayan’s decision to cancel his official visit to the country. The Moroccan government addressed Garcia-Sayan’s statement, published Tuesday, 19 March, on the United Nations High Commissioner for Human Rights (OHCHR) website, in which he declared that he would not visit Morocco on an official trip set for March 20-26.

Garcia-Sayan said he canceled the visit because the “government of Morocco has not been able to ensure a programme of work in accordance with the needs of the mandate and the terms of reference for country visits by special procedures.” In response, the Moroccan government stated that Garcia-Sayan’s decision contradicts his earlier stand when he first began preparations for the visit on June 16, 2017, at the invitation of Morocco.

According to the government, Morocco has been keen on ensuring all the necessary “guarantees” for the success of Garcia-Sayan’s visit by including all the suggested places for him to visit to exercise his mission, contrary to what the rapporteur stated. Garcia-Sayan stated: “It is most regrettable that the suggestions of places to visit and schedule of work were not fully taken into consideration by the Government. It is an essential precondition for the exercise of the mandate of Special Rapporteur that I am able to freely determine my priorities, including places to visit.” Morocco stressed the country’s readiness to make any amendments Garcia-Sayan requested to enable him to exercise his mandate as required.

Garcia-Sayan’s visit was to examine the independence and impartiality of judges and prosecutors and the independence of lawyers.

https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24356&LangID=E

https://www.moroccoworldnews.com/2019/03/268552/morocco-un-special-rapporteurs-visit/

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Sri Lanka and the UN Human Rights Council: a Tale of Two Stories

March 18, 2019

In Resolution 30/1 adopted in 2015, Sri Lanka (which cosponsored it!) committed itself to a range of measures on human rights, accountability and reconciliation. Sri Lanka’s progress in fulfilling its commitments will be discussed on March 20, 2019, at the 40th session of the UNHRC. It is interesting to contrast two reactions:

One at the political level: On 17 March it was reported that a Sri Lankan parliamentarian – who will be a member of a delegation to be sent to the UN Human Rights Council next week – has slammed the UN High Commissioner for Human Rights report on his island, calling it “an atrocious piece of writing containing lies, half lies and highly contestable statements”. Sarath Amunugama, a senior former minister said the Sri Lankan delegation would be meeting with the UN High Commissioner for Human Rights to take up their complaints in person.

The report, released last week, said Sri Lanka had made “virtually no progress” on the investigation of war crimes, and also raised several other issues, including concerns over on-going reports of abduction, torture and sexual violence, institutional failures within the criminal justice system, ongoing harassment of human rights defenders since 2015 and the military’s continued occupation of civilian land. Amunugama though claimed the report was “methodologically incorrect” and contained “totally unwarranted statements”.

His comments come after less than a day after Sri Lanka’s ministry of foreign affairs agreed to the co-sponsoring of a roll-over UN resolution, the president Maithripala Sirisena said he wanted it stopped.  Sirisena also said that the delegation he would be sending to Geneva would argue that Sri Lanka should be allowed to ‘solve its own problems’.

—–

And the other more ‘scientific’, fact-based approach of Verité Research which is engaged in a four-part series on government progress in fulfilling commitments in Resolution 30/1.

Since 2016, Verité Research has annually assessed government progress in fulfilling all 36 actionable commitments in Resolution 30/1. According to Verité’s latest assessment, the government has fulfilled 6 out of 36 commitments as at March 2019. This concerns only Part II: Rights, the Rule of Law & International Engagement
Figure 1: Government progress on Rights and Rule of Law
Figure 1: Government progress on Rights and Rule of Law

Rights and Rule of Law: 2/15 completed

The government made fifteen commitments on rights and the rule of law. These include reviewing, repealing and replacing the Prevention of Terrorism Act (PTA), criminalising enforced disappearance, and investigating attacks on journalists, human rights defenders, religious minorities and civil society. As at March 2019, two of the fifteen commitments in this category have been fulfilled (See figure 1).

Sri Lanka criminalised enforced disappearance by enacting the International Convention for the Protection of All Persons from Enforced Disappearance Act, No. 5 of 2018. This law also introduced new procedural safeguards for persons taken into custody, such as the right to legal counsel and to contact a family member. There has also been some progress in issuing certificates of absence. A certificate of absence is issued to relatives of missing persons and affirms the status of victims as ‘missing’. The measure offers an alternative to receiving a death certificate for missing and disappeared persons. By April 2018, the Registrar General had issued 616 certificates out of 827 applications.

There has been limited progress in investigations and prosecutions pertaining to violence against journalists and religious minorities. Some of these cases have been subject to interference from the security and political establishment, thus impeding their progress. For instance, the military is reported to have withheld key evidence relating to the 2010 disappearance of cartoonist Prageeth Ekneligoda.

Progress in preventing new attacks has also been limited. In February 2019, journalist Nadarajah Kugarajah was reportedly attacked by policemen in Kokuvil, Jaffna. There were fresh outbreaks of violence against Muslims, first in Ginthota, Galle in November 2017, and thereafter in the Ampara and Kandy districts in early 2018. In response to the 2018 violence, the government declared a state of emergency under the Public Security Ordinance (PSO). The PSO grants the president extraordinary powers during a state of emergency, such as calling out the Armed Forces and imposing a state curfew. Resolution 30/1 contains a commitment to review the PSO, but the government is yet to announce clear plans to do so.

Progress in repealing the PTA remains slow. The Counter-Terrorism Bill slated to replace the PTA is currently under further deliberations in Parliament, following a Supreme Court ruling that certain clauses in the Bill was inconsistent with the Constitution.

International Engagement: 2/3 completed

The government made three commitments on international engagement: to continue engaging the Office of the United Nations High Commissioner for Human Rights (OHCHR), to cooperate with UN special procedure mandate holders, and to implement specific recommendations made in the report of the OHCHR’s investigation on Sri Lanka (See figure 2).

Sri Lanka continues to engage the OHCHR, and has extended invitations to UN special procedure mandate holders. Visits by special rapporteurs have been made in the past four years, with more scheduled for 2019. However, there has been ‘poor progress’ in implementing the recommendations of the OHCHR Report. For example, there has been no progress in enacting new modes of criminal liability, or in criminalising war crimes, crimes against humanity, and genocide. There has also been no review of convictions under the PTA, including those secured through confessions made to police officers during custody. There has also been limited progress in releasing detainees held under the PTA.

Conclusion

Over the past year, progress was achieved in fulfilling two of the commitments under the theme rights and rule of law: criminalising enforced disappearance and issuing certificates of absence. Progress in repealing and replacing the PTA, and investigations of attacks on journalists, religious minorities, and civil society has remained ‘partial’. The government continues to engage the OHCHR, but in 2018, did not make any significant improvements in implementing the recommendations of the OHCHR Report.

To access the full implementation monitor, visit: www.veriteresearch.org/publications 

See also: http://www.island.lk/index.php?page_cat=article-details&page=article-details&code_title=201236

https://www.tamilguardian.com/content/un-report-‘atrocious-lie’-claims-sri-lankan-delegation-member

http://www.dailynews.lk/2019/03/18/features/180557/resolution-301-four-years-636-completed

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Cao Shunli died five years ago – how many more before there is a change?

March 14, 2019

On 14 March  (deputy director of research at Chinese Human Rights Defenders) wrote “Cao Shunli died five years ago. She stood up to China on human rights, and so must we.”

 Veteran Chinese human rights activist Cao Shunli, who died in 2014 in a Beijing hospital.

Veteran Chinese human rights activist Cao Shunli, who died in 2014 in a Beijing hospital. Photograph: Front Line Defenders

Five years ago today, Chinese activist Cao Shunli died in a Beijing hospital surrounded by police. [see: https://humanrightsdefenders.blog/2016/02/12/cao-shunli-a-profile-and-new-award-in-her-name/]

...This week is an opportunity to pay tribute to Cao Shunli, but also importantly, for the international community to speak up and remind the Chinese government of its obligations to safeguard human rights. On March 15, the UNHRC will be meeting to adopt a final report on recommendations made in November during China’s third Universal Periodic Review (UPR). ……States can use Friday’s meeting to speak out and pay tribute to Cao Shunli and all those who have died under Chinese police custody, reject China’s denials made during the UPR over its rights abuses in Xinjiang, and build momentum towards passing a resolution on the human rights situation in China……..Since the council’s creation in 2006, there has not been a single country-specific resolution directed at China despite a worsening rights situation. It’s time for the UNHRC to end its double standards and mandate an international fact-finding mission to look into the credible reports of internment camps in Xinjiang.

Many human rights defenders, like Cao, and ethnic and religious minorities have died in Chinese custody due to torture or deprivation of medical treatment. China’s only Nobel peace prize laureate Liu Xiaobo, Uighur scholar Muhammad Salih Hajim, and Tibetan monk Tenzin Delek Rinpoche all died in police custody in recent years.

Others, like detained citizen journalist Huang Qi, await such a fate without urgent intervention. Police have denied Huang, who has kidney and heart diseases, medical treatment and have repeatedly beaten him in custody. His condition has deteriorated to the point where supporters fear he may become “another Cao Shunli” and UN independent experts recently expressed concern he might die in detention.

Ten other Chinese activists, journalists, scholars, and lawyers are on a medical watchlist of political prisoners, launched after Cao’s death to draw attention to China’s practice of torture by withholding medical treatment…………..

It’s no coincidence that following a weak response internationally to the deaths of prominent human rights defenders and a widespread crackdown on civil society that the Xi government felt confident enough to establish a system of mass internment camps for ethnic Uighurs and Muslims and turn the Xinjiang region into a “no-rights zone”.

Human rights defenders and ethnic and religious minorities in China face real risks for standing up to the Chinese government. They don’t pay with lost trade deals but with their lives. The risks of speaking out in defence of human rights and fundamental freedoms in China include losing your job, your home, your family, or being disappeared, arbitrarily detained, tortured, or even killed.

Cao Shunli said before her death: “Our impact may be large, may be small, and may be nothing. But we must try. It is our duty to the dispossessed and it is the right of civil society.” States should remember her spirit and not be afraid to speak truth to power.

Note that on 14 March a group of UN experts have renewed their call for a comprehensive and independent investigation into her death by Chinese authorities (https://www.protecting-defenders.org/en/news/china-un-experts-renew-calls-probe-death-cao-shunli).

https://www.theguardian.com/world/2019/mar/14/cao-shunli-died-five-years-ago-she-stood-up-to-china-on-human-rights-and-so-must-we

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Press Emblem Campaign (PEC) reports to Human Rights Council on media casualties

March 13, 2019

Press Emblem Campaign (PEC), a nongovernmental organization presented a statement on press freedom and journalist killings duringUnited Nations Human Rights Council 40th session in Geneva on 13 March 2019.

The Press Emblem Campaign (PEC) documented last year the killing of 117 journalists, an increase of 17 percent in media casualties compared to the previous year. In five countries journalists paid an unacceptable toll: Afghanistan with 17 killed, Mexico also with 17 killed, Syria with 11 killed, Yemen and India, with 8 journalists killed in each of those countries. The PEC urged the Members of the Human Rights Council to fight more firmly impunity and to bring the responsible of those crimes to justice.

The PEC is also worried by the large number of arrests among journalists in the recent turmoilin Sudan, the repression of press freedom in Nicaragua and Venezuela, the statement reads. PEC expressed itsspecial concern with the continuous judicial harassment of journalists in Turkey in the statement.

PEC was one of the organizers of the panel discussion on human rights violations in Turkey, which the Turkish government mobilized its entire diplomatic corps to prevent during 40th Regular Session of the UN Human Rights Council on 5 March. The move prompted an outcry from human rights defenders.[see: https://stockholmcf.org/erdogan-govt-fails-to-cancel-un-human-rights-council-event-on-turkey/%5D

Turkey is the biggest jailer of journalists in the world. The most recent figures documented by SCF (Stockholm Centre for Freedom) show that 211 journalists and media workers were in jail as of March 11, 2019, most in pretrial detention. Of those in prison 134 were under arrest pending trial while only 77 journalists have been convicted and are serving their time. Detention warrants are outstanding for 167 journalists who are living in exile or remain at large in Turkey. The government also closed down some 200 media outlets.

See also: https://humanrightsdefenders.blog/2019/02/20/european-parliament-rapporteur-on-turkey-kati-piri-it-makes-no-sense-to-continue-talks-on-eu-membership/

https://stockholmcf.org/pec-protests-judicial-harassment-of-turkish-journalists-at-un/

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Iran cracks down on Nasrin Sotoudeh and other human rights defenders

March 12, 2019

Nasrin Sotoudeh

Sotoudeh was charged with spying, spreading propaganda and insulting Iran’s supreme leader. Photograph: Behrouz Mehri/AFP/Getty Images

Only yesterday I hoped that Nasrin Sotoudeh‘s invitation to the G7 would set a good precedent [https://humanrightsdefenders.blog/2019/03/11/does-g7-set-a-precedent-with-sotoudeh-for-inviting-human-rights-defenders/], now Reuters reports that she has been handed a new sentence that her husband said was 38 years in prison and 148 lashes! The news comes days after Iran appointed a hardline new head of the judiciary, Ebrahim Raisi, who is a protege of Ali Khamenei. The appointment is seen as weakening the political influence of the Iranian president, Hassan Rouhani. (NOTE: Her husband clarified later that she will be serving 10 years of the 33 he had announced on his Facebook page and in an interview with Radio Farda)

In the meantime AI reports that a series of videos shared on social media in recent weeks have shed light on the daily harassment and violent attacks women in Iran face at the hands of morality police and pro-government vigilantes seeking to enforce the country’s forced hijab (veiling) laws. The videos show members of the public or plain-clothes morality police aggressively confronting or attacking women for defying Iran’s degrading forced hijab laws, in the name of defending “public decency”. Perpetrators of such attacks appear to be getting bolder in their assaults in response to efforts by women to film the violence they face and share the videos on social media. “The video footage that has emerged in recent weeks demonstrates the shocking levels of abuse women in Iran face on a daily basis from morality police or pro-government thugs simply for daring to defy the country’s abusive forced hijab laws,” said Philip Luther of Amnesty International.  Iranian women’s rights defenders have courageously filmed these incidents as part of the My Camera My Weapon campaign, which aims to raise awareness of the constant harassment and assault that women and girls face in Iran’s streets as a result of forced hijab laws.

Amnesty added:…..The charges on which Nasrin Sotoudeh was convicted include “inciting corruption and prostitution” and “openly committing a sinful act… by appearing in public without a hijab”. Some of the activities that the authorities have cited as “evidence” against her include: opposing forced hijab; removing her headscarf during prison visits; defending women who peacefully protested against forced hijab; giving media interviews about the violent arrest and detention of women protesting against forced hijab; and placing flowers at the scene where a woman protester was violently arrested.

The UN Human Rights Council also was dealing with Iran this week: Worrying patterns of intimidation, arrest, prosecution, and ill-treatment of human rights defenders, lawyers, and labour rights activists in Iran signal an increasingly severe State response to protests and strikes in the country, Javaid Rehman, the Special Rapporteur on human rights in Iran, said on 12 March 2019. “Today, the people of Iran face a myriad of challenges,” he told the Human Rights Council in Geneva. “Many have voiced their concern through protests, demonstrations, and strikes. People from diverse sections of society – from truck drivers to teachers to factory workers – across the country have protested.” “It is in this context of increased challenges that concerns are mounting about human rights, including the rights to freedom of peaceful assembly and to association in Iran,” he said, calling on the Government to release all those detained for exercising such rights. Presenting his first report to the Council, Rehman said the re-imposition of secondary sanctions by the United States of America had further increased concerns for the welfare of ordinary Iranians.

The Special Rapporteur also highlighted the alarming health situations of numerous imprisoned individuals such as human rights defender Arash Sadeghi [see also: https://humanrightsdefenders.blog/2016/09/30/iran-shameful-sentences-for-narges-mohammadi-issa-saharkhiz-arash-sadeghi-no-detente-in-human-rights/]. Rehman also highlighted the situation of prominent woman human rights lawyer Nasrin Sotoudeh who was reportedly convicted last week of charges related to her work and could face a lengthy prison sentence. Other issues raised in his report include concerns regarding the right to life and to fair trial, the situation of detained foreign and dual nationals, and the treatment of religious and ethnic minorities.

Human Rights Watch commented that the Iranian judiciary’s draconian sentence for a prominent human rights lawyer Nasrin Sotoudeh was an “appalling travesty of justice“.

https://www.theguardian.com/world/2019/mar/11/human-rights-lawyer-nasrin-sotoudeh-jailed-for-38-years-in-iran

https://www.amnesty.org/en/latest/news/2019/03/iran-pro-government-vigilantes-attack-women-for-standing-up-against-forced-hijab-laws/

http://www.scoop.co.nz/stories/WO1903/S00091/iran-un-expert-concerned-by-crackdown-on-protests.htm

https://www.hrw.org/news/2019/03/12/iran-decades-long-sentence-womens-rights-defender

https://en.radiofarda.com/a/jail-term-ambiguity-clarified-for-iran-rights-defender—eu-protests/29817359.html

Posted in Amnesty international, films, HRW, Human Rights Council, Human Rights Defenders | 3 Comments »
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Saudi Arabia for first time openly criticized in UN Human Rights Council

March 8, 2019

Whether by intent or by coincidence, the very critical statement of the UN Human Rights Council on Saudi Arabia came on International Women’s Day 2019. There was considerable media attention. Interesting to note is the difference in emphasis between the NYT and the Washington Post:

By Nick Cumming-Bruce wrote for the NYT on 7 March 2019:

“Dozens of Western countries rebuked Saudi Arabia for its aggressive crackdown on free expression in a landmark initiative on Thursday in the United Nations’ top human rights body. It was the first time states had ever confronted the kingdom over its human rights record in the United Nations Human Rights Council, where Saudi Arabia is one of 47 members. The rebuke came in a statement signed by 36 nations — including every member of the European Union — that condemned Saudi Arabia’s “continuing arrests and arbitrary detentions of human rights defenders” and its use of counterterrorism laws to silence peaceful dissent. The statement pointed in particular to the treatment of Saudi women who have challenged the kingdom’s strict rules. The nations also called on Saudi Arabia to cooperate fully with investigations into the death of Jamal Khashoggi, the Washington Post columnist who was killed at the Saudi Consulate in Istanbul. The statement specifically named 10 people, all arrested last year in a crackdown that started shortly before Saudi Arabia introduced reforms allowing women to drive: Loujain Al-Hathloul, Eman Al-Nafjan, Aziza Al-Yousef, Nassima Al-Sadah, Samar Badawi, Nouf Abdelaziz, Hatoon Al-Fassi, Mohammed Al-Bajadi, Amal Al-Harbi and Shadan al-Anezi. The statement drew applause from human rights groups, which said it broke Saudi Arabia’s apparent impunity from condemnation in the council.

“It sends a strong signal that Saudi Arabia is not untouchable, and that council members should be held to a higher level of scrutiny,” said Salma El Hosseiny, an advocate for the Geneva-based International Service for Human Rights.

——-

Ishaan Tharoor wrote for the Washington Post of 8 March 2019 :”The West’s rebuke of Saudi Arabia won’t change its course”


(Anjum Naveed/AP)

The rhetorical attacks keep coming at Saudi Arabia from the West. On Thursday, the European Union signed on to a rare rebuke of the kingdom. …The statement was the first collective reprimand of Riyadh issued at the council since it was founded in 2006…Both the Trump administration and Saudi officials have sought to shield Mohammed from scrutiny, but that hasn’t dimmed the outrage of a host of Western governments and lawmakers. In Washington, Congress is still battling the White House over the latter’s flouting of a legal requirement to report to the Senate on the crown prince’s role in Khashoggi’s death. Though U.S. politicians remain bitterly divided on most issues, they have found an unusual consensus in their antipathy toward Riyadh……..

But the Saudis’ response has so far been categorical and unrepentant. “Interference in domestic affairs under the guise of defending human rights is in fact an attack on our sovereignty,” said Abdul Aziz Alwasil, the kingdom’s permanent representative in Geneva, in reaction to the European Union’s statement. Similar bullish statements came from the Saudi Foreign Ministry this year as members of Congress weighed the passage of a punitive bill.

That Riyadh has endured only the slightest course corrections amid months of controversy speaks, firstly, to the durability of the monarchy’s economic ties with a host of major powers. International political and business elites have shown themselves all too willing to overlook a regime’s record when it suits their interests. But it also speaks to the fact that despite their concerns over Khashoggi’s death, insiders in Washington cheer the Saudi push toward a more “normal” and secular modernity encouraged by Mohammed’s ambitious economic and social reform agenda. Movie theaters have sprung up, and women can now learn to drive — no matter that key female activists who clamored for these rights are still in prison.

Mohammed has championed these reforms by inculcating a new spirit of nationalism. “Saudi Arabia’s undergoing an aggressive nationalist rebranding, downplaying an austere religious doctrine associated abroad with terrorism, and promoting veneration of de facto ruler Crown Prince Mohammed bin Salman as he pursues an economic overhaul,” noted Bloomberg News this week, exploring the extent to which overt nationalism is supplanting the kingdom’s traditional religious orthodoxy. “Amid efforts to maintain domestic support while redesigning the contract between state and citizen, traitors, not infidels, are the enemy.”

The lecturing from Western capitals, too, plays into this dynamic, deepening national feeling among many patriotic Saudis who have rallied around their prince in the face of “unbalanced” criticism from abroad, said Ali Shihabi, founder of the Arabia Foundation, a Washington think tank with close ties to Riyadh. He added that “inspiring nationalism is an objective” of Mohammed’s reform agenda.

Critics of the crown prince view him as a fundamentally destabilizing leader. Other experts argue that he’s here to stay. “It’s impossible to not see how much the country has changed” under Mohammed’s watch, said former U.S. diplomat Dennis Ross at a panel hosted by the Arabia Foundation last week, saying that though the crown prince may be “reckless,” the United States has much to gain from a “successful transformation” from Wahhabism to nationalism in Saudi Arabia.

—–See also this video clip by OMCT:

https://twitter.com/i/status/1103696655906492417

https://www.nytimes.com/2019/03/07/world/middleeast/saudi-arabia-human-rights-abuses.html

https://www.washingtonpost.com/world/2019/03/08/wests-rebuke-saudi-arabia-wont-change-its-course/?utm_term=.5e411da39e34

Posted in films, Human Rights Council, Human Rights Defenders, OMCT | 3 Comments »
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High Commissioner Bachelet presents her annual report: quite a list of problem areas

March 7, 2019

In the 40th session of the UN Human Rights Council, in presenting her annual report and oral update, High Commissioner Michelle Bachelet focused on explaining how inequalities in income, wealth, access to resources, and access to justice constituted fundamental challenges to the principles of equality, dignity and human rights for every human being. Inequalities affected all countries. Even in prosperous States, people felt excluded from the benefits of development and deprived of economic and social rights, leading to alienation, unrest and sometimes violence. To achieve the 2030 Agenda, the world’s States needed to advance on tackling inequalities – inequalities of resources, income, power, access to justice and with respect to the basic conditions for human dignity.

Inequalities were a driver of several of the global trends which were of greatest concern to the Human Rights Council and other inter-governmental bodies, the High Commissioner stressed. Involuntary and precarious migration was a case in point. She underlined that inequalities and the failure to give equal weight and respect to all human rights had the power to erode all three pillars of the United Nations: peace and security, development, and human rights. However, human rights provided hope. They bound humanity together with shared principles and a better future, in sharp contrast to the divisive, destructive forces of repression, exploitation, scapegoating, discrimination and inequalities. She then listed many specific situations:

In Sudan, for the past several months, people protesting harsh economic conditions, and bad governance, have been violently dispersed by security forces, sometimes using live ammunition…

In Zimbabwe, protests against austerity measures have also been met with unacceptable violence by security forces. The Government’s effort to launch a dialogue process in recent days is encouraging, but I am worried by reports of door-to-door raids, as well as intimidation and harassment of activists, human rights defenders, and lawyers representing those arrested.

In Haiti, protests also broke out last month over rising food prices and corruption. At least 41 people were killed and 100 injured. The government has announced measures to curb high prices, raise wages and fight corruption. Ensuring accountability – including for alleged cases of excessive use of force by police – and a constructive dialogue will also be essential.

In France, the “Gilets Jaunes” have been protesting what they see as exclusion from economic rights and participation in public affairs. We encourage the Government to continue dialogue – including follow-up to the national discussions which are currently underway – and urge full investigation of all reported cases of excessive use of force.

She then turned to:

The situation in Venezuela clearly illustrates the way violations of civil and political rights – including failure to uphold fundamental freedoms, and the independence of key institutions – can accentuate a decline of economic and social rights. ..

In the context of Nicaragua‘s very serious social and political crisis, the resumption of national dialogue could constitute a significant step to address the grave problems facing the country. These include increasing restrictions to civic space; persecution of dissenting voices; and crackdowns on press freedom, as well as austerity measures, and unemployment. ..

In the Occupied Palestinian Territory, the devastating impact of the occupation on economic and social rights is closely interlinked with violations of civil and political rights. …

..

I am shocked by the number of killings of human rights defenders around the world – some, reportedly, by State agents, and others, insufficiently protected by the State from attack by economic or other interests. Attacks on journalists, and media freedoms, are becoming increasingly widespread. Sound, independent information is the foundation of public participation in democratic governance. Restrictions on the civic space are being enacted by numerous States, across several regions. I remain very concerned about reprisals against victims, human rights defenders and non-governmental organisations who cooperate with the UN.

Today, allow me to voice my concern at the apparently arbitrary arrest and detention, and alleged ill-treatment or torture, of several women human rights defenders in Saudi Arabia. The persecution of peaceful activists would clearly contradict the spirit of the country’s proclaimed new reforms. We urge that these women be released.

In Turkey, I call on the authorities to view critical or dissenting voices – including human rights defenders, academics and journalists – as valuable contributors to social dialogue, rather than destabilizing forces. The recent prosecution of 16 civil society activists for “attempting to overthrow the government,” for their alleged roles during protests in 2013, is emblematic of many other trials lacking international due process standards.

In China, rapid development has lifted millions of people out of poverty – and yet in some areas, communities and individuals have been left behind. My Office seeks to engage on this issue with the Government for full access to carry out an independent assessment of the continuing reports pointing to wide patterns of enforced disappearances and arbitrary detentions, particularly in the Xinjiang Uyghur Autonomous Region…

In India, where there has also been significant poverty reduction in overall terms, inequality remains a serious issue. In addition, we are receiving reports that indicate increasing harassment and targeting of minorities – in particular Muslims and people from historically disadvantaged and marginalised groups, such as Dalits and Adivasis. It appears that narrow political agendas are driving the further marginalisation of vulnerable people. I fear that these divisive policies will not only harm many individuals, but also undermine the success of India’s economic growth story.

….The continuing movement of people from El Salvador, Guatemala and Honduras to the United States is a result of failure to ensure that development reaches everyone – with persistent violations of rights leading to profound inequalities. The comprehensive development plan being developed by Mexico, Guatemala, Honduras, El Salvador and ECLAC is a welcome response to this challenge, very much in line with the Global Compact for Migration. In Mexico, too, the government is making efforts to move from an approach focused on detention and deportation of migrants to a new focus on protection of the rights of migrants, including opportunities for regularization, and alternatives to detention. In the United States of America, the new Migrant Protection Protocols which restrict access to asylum and other forms of human rights protection – and push migrants back across the border to wait for their proceedings without due process or safeguards– are a source of concern. A recent report by the Inspector General for the United States Department of Health and Human Services indicates that thousands more migrant children have been separated from their families than had been previously reported.

The Office has raised concerns with Australia about the imminent transfer of migrants from Manus Island and Nauru to new detention centres. Those people have been suffering for more than six years; more humane policies could, and should, be implemented….

I commend Germany‘s successful programmes to help migrants integrate into the economy and society, as well as legislation in several countries – including Finland, Portugal and Spain – which enable the entry and stay of migrants in vulnerable situations, based on human rights grounds. I am troubled about other aspects of European migration policies, particularly the number of fatalities in the Mediterranean. Another 226 deaths were recorded in the first two months of this year. With several NGO vessels forced to suspend operations by measures that essentially criminalise solidarity, the ancient responsibility of rescue at sea is increasingly falling on merchant vessels – which are often ill-suited to such a task. In addition, some governments have refused entry to ships.

..

In the Sahel, the Office has been implementing an innovative approach aimed at reducing the risk of harm to civilians during counter-terrorism operations. OHCHR is working with the G5 Sahel Joint Force operating in Burkina Faso, Chad, Mali, Mauritania and Niger to establish a Compliance Framework to guide military operations. A training programme is underway; standard operating procedures are being developed which aim to reduce civilian harm and ensure sensitivity to gender issues; and a network of legal advisors is being established within the Joint Force to ensure the operational application of international human rights and humanitarian law…I encourage Cameroon to also consider the benefits of such an approach….

In Myanmar, economic interests and activities appear to be a key factor driving both violence and displacement by the Myanmar military, together with the dehumanisation of the Rohingya, and long-term discrimination. I am concerned by the failure to take any meaningful measures towards the safe, dignified, voluntary and sustainable return of the Rohingya and others – in compliance with their rights to citizenship and other rights. …..

……

In Yemen, I am deeply concerned by the suffering of civilians, despite the current ceasefire. This remains the world’s worst humanitarian crisis. The conflict has not just killed and injured thousands of civilians.

Amid these negative trends, there are some hopeful areas, in which far-sighted leadership seeks to advance civil, political, economic, social and cultural rights, to ensure a convergence of positive and constructive forces.

In Ethiopia, reforms have sought to address a wide spectrum of human rights issues, including benefit to sustainable development. The depth and pace of Prime Minister Abiy’s political and economic reforms, and the appointment of women to senior positions, could open the path to a more inclusive and effective development model, providing hope for Ethiopia’s young population. My Office will continue to assist the Government to devise sound laws, mend grievances, and set up measures to prevent violence in areas of the country.

………

At this session, the Council’s Special Rapporteur on the situation of human rights defenders presents a report on the rising attacks on, and repression of, women’s human rights defenders in the context of today’s backlash against women’s human rights. It makes clear that women defenders face the same risks as men, but with additional threats shaped by a view that women should be bound to the service of a male-dominated society. Physical and sexual violence, public shaming – including on the Internet – and attacks on their families and children are among the tactics increasingly used to silence women activists.

Recently a group of 30 women leaders issued an Open Letter emphasising the “urgency and peril” of the current roll-backs to hard-won rights and freedoms. I fully share their concerns, and will continue to work against gender inequalities with all the energy and principle that I can muster.

….. Before closing today, I would like to add a few additional situations of increasing concern.

In Libya, escalating violence since the beginning of the year – in particular, hostilities in the city of Derna and in the south of the country – could spark an even more chaotic situation, given the increasingly fragmented political context and continuing lawlessness. Armed groups which fall outside of effective State command and control structures, but which are integrated into State institutions, continue to commit grave violations of international humanitarian and human rights law throughout the country, in almost complete impunity. The number of civilians killed and injured in 2018, as documented by UNSMIL and OHCHR, was 40% higher than in 2017. Prevention measures should be considered a matter of urgency.

I remain concerned about the ongoing tensions in Kashmir, as shelling and firing on both sides of the Line of Control continue to contribute to loss of life and displacement. I encourage both India and Pakistan to invite my Office to monitor the situation on the ground, and to assist both States to address the human rights issues that must be part of any solution to the conflict.

In the Philippines, …..  I encourage the Philippines to adopt a public health approach, and harm reduction initiatives, that comply with human rights standards, as recommended to the 2016 General Assembly Special Session.  ……. The drug policies in place in the Philippines, and its lack of respect for rule of law and international standards, should not be considered a model by any country.

United Nations High Commissioner for Human Rights Michelle Bachelet takes her place to present her annual report before the UN Human right council members in Geneva. March 6, 2019.
United Nations High Commissioner for Human Rights Michelle Bachelet takes her place to present her annual report before the UN Human right council members in Geneva. March 6, 2019. (AFP)

Many media have picked on one more aspects of her speech. E.g. TRT World focused on:

Bachelet renewed her request to access China‘s Xinjiang region, where large numbers of the Uighur ethnic minority are reportedly being held in re-education camps. She also re-issued her requests for “full access to carry out an independent assessment of the continuing reports pointing to wide patterns of enforced disappearances and arbitrary detentions, particularly in the Xinjiang Uyghur Autonomous Region.” (A UN panel of independent experts has said there are credible reports that nearly one million Uighurs and other Turkic language-speaking minorities are being held in Xinjiang, known as ‘East Turkistan’ by Uighurs who want a homeland separate from China. Beijing at first denied the allegation, but later admitted putting people into “vocational education centres”) [see also: https://humanrightsdefenders.blog/2019/01/29/three-ngos-urge-you-to-nominate-ilham-tohti-for-the-rafto-prize/]

Bachelet also called on Saudi Arabia to release women activists allegedly tortured in detention after authorities accused them of harming the country’s interests. Human rights defenders have named 10 Saudi women held for their campaigning, voicing fears that they could face harsh sentences. Saudi Arabia’s public prosecutor is preparing the trials of detainees, identified by watchdog groups as women’s rights activists, after completing its investigations, state news agency SPA said last Friday. “Today, allow me to voice my concern at the apparently arbitrary arrest and detention, and alleged ill-treatment or torture, of several women human rights defenders in Saudi Arabia,” Bachelet said.

(European countries will urge Saudi Arabia on Thursday to release activists and cooperate with a UN-led probe into the murder of journalist Jamal Khashoggi, in the first rebuke of the kingdom at the Human Rights Council, diplomats and campaigners told Reuters.) [see also: https://humanrightsdefenders.blog/tag/jamal-khashoggi/]

The United Nations High Commissioner for Human Rights also urged the Philippine government to comply with international human rights standard in its brutal drug war, which she said lacks respect for the rule of law. Bachelet encouraged the Duterte administration to “adopt a public health approach, and harm reduction initiatives, that comply with human rights standards.” “The drug policies in place in the Philippines, and its lack of respect for the rule of law and international standards should not be considered a model by any country,” she said.

https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24265&LangID=E

https://www.trtworld.com/europe/un-human-rights-chief-paints-bleak-picture-in-annual-report-24708

https://newsinfo.inquirer.net/1092840/un-human-rights-chief-urges-govt-to-respect-rule-of-law-in-drug-war?utm_expid=.XqNwTug2W6nwDVUSgFJXed.1

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