Samoa does not figure often in this blog. So, courtesy of the International Service for Human Rights (Monitor 2 May 2016), here is the profile of Tuisina Ymania Brown of the Samoa Fa’afafine Association which represents and promotes the rights of indigenous lesbian, gay, bisexual, transgender and intersex (LGBTI) people in Samoa. Read the rest of this entry »
Archive for the 'Human Rights Council' Category
UN experts launch practical advice on how to implement the freedom to demonstrate
March 28, 2016At the latest session of the Human Rights Council, States and NGOs reacted to the new compilation of advise and recommendations on how to protect the right to assembly (‘freedom to demonstrate’). UN human rights experts have launched a major new report on the proper management of assemblies. The compilation of practical recommendation, which seeks to ensure that the management of assemblies and protests comply with international law through which to apply international law, was drafted by the Special Rapporteurs on Freedom of Association and Assembly (Maina Kiai) and on Extrajudicial Executions (Christoph Heyns), after a series of consultations with multiple stakeholders including civil society.
An interactive dialogue with the Rapporteurs followed the report’s presentation, and several States – including Norway, Egypt and Ireland – reiterated the responsibilities of business. Whilst a broad range of States – including Costa Rica, Turkey and Tunisia – acknowledged the report’s importance, others used their interventions to emphasise the responsibilities of protesters. In response to Russia, Botswana and Cuba amongst others, Mr Heyns was clear: ‘Rights come before responsibilities. The report does not challenge that responsibilities are an inherent component of human rights, but one must come before the other.’ Maina Kiai underlined that ‘requiring authorisation for a protest dilutes a right to a mere privilege’.
ISHR’s statement reiterated that free assembly is a vital component of a safe and enabling environment for human rights defence, and highlighted how vague laws such as the Ley de Tumulos in Guatemala, repressive clampdowns on protest such as in Gezi Park in Turkey, and the imprisonment of protesters such as the Bahrain 13 are being used to hamper the work of human rights defenders.
ISHR welcomed the report’s emphasis on the responsibilities of business. ‘We hear increasingly of abuses by private security firms against protesters, as well as strategic lawsuits against public participation brought by companies and the enactment, by States, of laws which specifically target and restrict protests against business operations,’ said ISHR’s Ben Leather. ‘States should take heed of the recommendations made in the report to reverse these trends’.
For other posts on this topic: https://thoolen.wordpress.com/tag/freedom-to-demonstrate/
Source: UN experts launch practical advice on management of protests | ISHR
Resolution on protection of defenders of economic, social and cultural rights adopted by Human Rights Council !!
March 25, 2016
On 24 March 2016 the ISHR reported that the UN Human Rights Council has adopted the landmark resolution on the protection of human rights defenders working to promote economic, social and cultural rights (see my post of 23 March: https://thoolen.wordpress.com/2016/03/23/norwegian-resolution-un-human-rights-council-defenders-amendments/).
The Norwegian-led resolution was adopted by a vote of 33 Member States of the Human Rights Council to just 6 against. Eight States in the 47-seat Council abstained. Over 150 NGOs from all over the world united to call on Member States of the Council to adopt the resolution and reject a series of 30 hostile amendments proposed by Russia, China, Egypt, Cuba and Pakistan, designed to undermine the protection of defenders and to deny their legitimacy and very existence.
The 6 States that voted ‘No’ on the resolution were not surprisingly Burundi, China, Cuba, Nigeria, Russia and Venezuela. States that abstained were Bolivia, El Salvador, Kenya, Namibia, Qatar, Saudi Arabia, the United Arab Emirates, and Viet Nam. Interesting and positive to note that some of the States that had supported hostile amendments (including Ecuador, Indonesia and India) in the end voted in favour of the resolution.
[The resolution affirms the legitimate and essential role of human rights defenders in promoting, protecting and contributing to the realisation of economic, social and cultural rights – including indigenous rights and the right to development – and condemns restrictions and attacks against them by both States and business enterprises. It also underscores the fact that exercise of the rights to freedom of expression, association, assembly and public participation can be essential to the promotion, protection and realisation of ESC rights, and that restrictions or violations of these democratic rights may lead and amount to violations of the ESC rights for which defenders are advocating.
The resolution also provides invaluable guidance to States and business as to obligations and good practices in the protection of defenders. For States, such obligations and good practices include developing specific human rights defender protection laws and mechanisms, investigating and ensuring accountability for attacks and reprisals against them, and facilitating access to information and participation in policy and decision-making processes. For businesses, the resolution reinforces the obligation to respect and not interfere with the work of defenders, and to consult closely with defenders to identify, avoid, mitigate and remedy human rights risks and violations associated with business activities and development projects.]
‘We particularly recognise the principled leadership of Norway in leading the development of this timely resolution,’ Mr Ineichen of the ISHR said.
‘The systematic but ultimately unsuccessful efforts by a small group of States to undermine the human rights defender resolution paradoxically demonstrate the vital importance and potential impact of this resolution,‘ said ISHR Director Phil Lynch.
Norwegian Resolution on Human Rights Defenders in the UN Human Rights Council: will it survive hostile amendments?
March 23, 2016
Some readers will have doubt about the importance passing Resolutions in the UN, even on the noble topic of the protection of human rights defenders. However, that this is not seen as a sinecure is clear from the diplomatic battles fought every time [see: https://thoolen.wordpress.com/2015/12/18/un-general-assembly-adopts-resolution-on-human-rights-defenders-with-increased-majority/]. Tomorrow (Thursday 24 March) another such clash is expected. Here are the issues:
It is usually Norway that leads the negotiations on the resolution on human rights defenders as is the case this year at the 31st session of the UN Human Rights Council. The resolution this year takes account of the severe risks that human rights defenders face when defending economic, social and cultural rights, including as they relate to environmental, land and development issues, corporate responsibility, anti-corruption, transparency and accountability issues. The draft resolution calls on States to take effective and practical steps to address the continuing violations of the rights of defenders.
During the first week of this session of the Human Rights Council, Norwegian State Secretary Tore Hattrem stated that “Threats and attacks against human rights defenders who are exercising their right to freedom of speech to advocate economic, social and cultural rights, severely hamper the realisation of these rights”. Also Ambassador Steffen Kongstad raised this important topic during the interactive dialogue with the UN Special Rapporteur on Human Rights Defenders, Michel Forst, stating that “Threats and attacks against human rights defenders may hamper the realization of economic, social and cultural rights, undermining social cohesion, and ultimately stability and development”.
The resolution has been discussed in several open informal consultations in Geneva, taking into account a number of suggestions from different countries. Norway formally tabled the resolution on 16 March full text see website. There are currently around 50 countries from all regional groups that will co-sponsor the resolution. Still, this is far from won as earlier this week a number of countries (including the serial offenders Russia, China, Egypt, Cuba and Pakistan) have put forward 31 adverse amendments to the text. These amendments include proposals which have the purpose or would have the effect of:
Laurent Munyandilikirwa paints a bleak picture of Rwanda’s human rights situation
March 18, 2016
During the adoption of the Universal Periodic Review (UPR) report of Rwanda at the UN Human Eights Council, Laurent Munyandilikirwa, former President of the Ligue Rwandaise pour la Promotion et la Défense des Droits de l’homme, delivered on 16 March 2016 a statement (on behalf of CIVICUS: World Alliance for Citizen Participation and East and Horn of Africa Human Rights Defenders Project):.
Mr President, for the vast majority of my professional and personal life, I have proudly dedicated myself to protecting and promoting fundamental human rights in Rwanda. As the former President of LIPRODHOR, one of Rwanda’s only independent human rights monitoring organisations, I had the great privilege of supporting my fellow citizens to secure and claim their rights. However, despite the severe human rights deficits which continue to undermine Rwanda’s democratic consolidation, the important work LIPRODHOR and other human rights groups undertook in Rwanda is now largely untenable and fraught with danger.
Since Rwanda’s last UPR examination in 2011, the government has strengthened its long-term and systematic campaign to completely stifle freedom of association, by replacing the leadership of human rights organisations with those sympathetic to the government. As a result, there are now very few freely functioning and entirely independent human rights organisations left that can meaningfully challenge government policies and advocate for reforms, without well-founded fear of reprisals. In addition, since Rwanda’s last examination, independent civil society organisations, NGOs, and individual human rights defenders have continued to face escalating intimidation and reprisals in the course of their work. A number of defenders, including myself, have either been imprisoned or forced into exile. Increasingly, human rights defenders and the NGOs for which they work have been subjected to administrative harassment smear campaigns and public denouncement in pro-government media.
We therefore strongly urge the Government of Rwanda to take effective and meaningful steps to operationalize the important recommendations put forward during this examination in support of the creation of a safe and enabling environment for civil society and human rights defenders.
This is line with e.g. Front Line Defenders’ report of 10 September 2015 about the Rwandan police disrupting the general assembly organised by LIPRODHOR . [On 5 September 2015, Rwandan police officers disrupted a general assembly that had gathered several dozen members of the League for the Promotion and Defence of Human Rights in Rwanda. The purpose of the general assembly was to elect a new independent board of directors.[LIPRODHOR is one of the few human rights organisations in Rwanda, which has continuously endeavoured to hold the government accountable for a wide range of human rights abuses. After numerous human rights groups based in Rwanda were either co-opted or forced into silence, LIPRODHOR stood out as the sole Rwandan organisation committed to being independent. In 2004, the government targeted its leaders and accused them on fabricated charges of “propagating genocide ideology.” The outgoing members of the board of directors of LIPRODHOR have allegedly been acting on behalf of the government. The general assembly which took place on 5 September 2015 had been convened by the outgoing board, whose term ended in July 2015, in order for a new board to be elected. During the assembly, participants elected three board members, namely the chair, the vice-chair and the secretary general. Following this, a number of participants, led by the chair of the outgoing board, reportedly stood up and caused a commotion as they claimed that the vote had been rigged. Soon after the incident, these participants reportedly called the police, who intervened and disrupted the assembly. A senior police officer informed the participants who had remained inside that he had to put an end to the meeting as it was “causing insecurity”. Members of the organisation have contacted the authorities about the incident, but, to date, no measures have been taken to assure the organisation’s rights to conduct its activities. It remains unclear whether LIPRODHOR’s members will be allowed to convene again and complete the election of the new board which will allow them to carry out their legitimate human rights work without restriction.
In November 2014, several members of LIPRODHOR attempted to convene a similar assembly in order to address the ongoing problem. However, local authorities thwarted the initiative, informing them that the gathering would be deemed illegal. Thereafter, Messrs Evariste Nsabayezu and Daniel Uwimana, respectively LIPRODHOR’s vice chair and provincial representative at the time, were arrested and detained over allegations that they were involved in organising the assembly using what the police claimed were “falsified documents.” They were later released without trial. Several other members of LIPRODHOR were also reportedly threatened with arrest.]
Important and wide-ranging statement by the UN High Commissioner for Human Rights on 10 March 2016
March 11, 2016There is a lot happening in Geneva (where I am for a few days) in relation to human rights defenders. The best I can do for the moment is to provide in full the very rich text of the UN High Commissioner’s statement in the debate in the UN Human Rights Council on 10 March: Read the rest of this entry »
UN Rapporteur Michel Forst documents good practices in the protection of human rights defenders
March 7, 2016A major new report by the UN Special Rapporteur on human Rights Defenders, Michel Forst, documents good practices and policies in the protection of defenders and makes concrete recommendations to States, business enterprises, national human rights institutions, donors, civil society organisations and other stakeholders to ensure a safe and enabling environment for defenders’ work (A/HRC/31/55).
Key among these is a recommendation that, in consultation with civil society, States should develop and implement specific national laws and mechanisms to protect defenders and to investigate and ensure accountability for threats and attacks against them. [ISHR’s work to develop a model national law on the recognition and protection of human rights defenders is specifically referenced in this regard.] [see also: https://thoolen.wordpress.com/2014/03/05/two-more-side-events-on-human-rights-defenders-on-10-and-12-march/]
In addition to enacting laws, the Special Rapporteur recommends that States establish and adequately-resourced protection mechanisms, in consultation with civil society.
Through the report, the Special Rapporteur endorses a ‘holistic’ approach to the protection of defenders, engaging the responsibility of a range of actors. Key insights and recommendations included in the report include that:
- States should publicly recognise the vital and legitimate work of human rights defenders, disseminate and raise awareness about the Declaration and actively respect and protect ‘the right to defend rights’.
- National human rights institutions should develop concrete action plans to support and protect defenders and establish focal points to ensure effective implementation and evaluation of such plans.
- Business enterprises have an important and influential role to play in protecting defenders and should be engaged in this regard: ‘The condemnation of violations by members of the business community not only legitimises defenders’ concerns but also builds opposition to bad business practices,’ the report says. ‘In addition, due to their economic and political influence, the support of business leaders can draw in wider support of society.’
- Donors should provide long-term, sustainable, flexible financial support to defenders and their organisations and networks, providing for their ‘holistic protection’.
- The UN itself should strengthen the protection of defenders and prevent violations against them, including through the ‘Rights Up Front’ initiative and the Sustainable Development Goals, and by strengthening its institutional response to cases of reprisals against those who for cooperate with UN human rights mechanisms. The need to prevent and ensure accountability for reprisals is particularly important given the Special Rapporteur’s finding that international and regional human rights mechanisms are increasingly being turned to and relied upon by defenders either to complement and strengthen domestic advocacy efforts, or because democratic institutions and the rule of law are weak or non-existent at the national level. [see also my ‘old’ post: https://thoolen.wordpress.com/2014/03/13/zero-tolerance-for-states-that-take-reprisals-against-hrds-lets-up-the-ante/]
In addition to making concrete recommendations, the Special Rapporteur also articulates 7 key principles for all stakeholders that he considers should inform and underpin all policies and practices namely:
- Principle 1: They should adopt a rights-based approach to protection, empowering defenders to know and claim their rights.
- Principle 2: They should recognise that defenders are diverse and come from different backgrounds, cultures, and belief systems.
- Principle 3: They should recognise the significance of gender in the protection of defenders and apply an intersectionality lens to the assessment of risks and to the design of protection initiatives.
- Principle 4: They should focus on ‘holistic security’ of defenders, including physical security, digital security, and psychosocial wellbeing.
- Principle 5: They should not focus on the rights and security of individual defenders alone, but also include the groups, organisations, communities, and family members who share their risks.
- Principle 6: They should involve defenders in the development, choice, implementation and evaluation of strategies and tactics for their protection. The participation of defenders is key to their security.
- Principle 7: They should be flexible, adaptable, and tailored to the specific needs and circumstances of defenders.
http://www.ohchr.org/Documents/Issues/Defenders/A-HRC-31-55_en.pdf
See more at: http://www.ishr.ch/news/good-practices-protection-human-rights-defenders-major-new-report#sthash.VjHvu4uZ.dpuf
Statement on Human Rights Defenders that the Observatory would have delivered orally to the UN (if time had allowed)
March 4, 2016Severe time restraints made that several NGOs could not make their oral statement on 4 March 2016 during the Interactive Dialogue with the United Nations Special Rapporteur on the Situation of Human Rights Defenders in the UN Human Rights Council [see: https://thoolen.wordpress.com/2016/02/25/preview-of-the-upcoming-session-of-the-un-human-rights-council/].
Here follows the text of the statement that the World Organisation Against Torture (OMCT) and FIDH, within the framework of the Observatory for the Protection of Human Rights Defenders, would have delivered:
Important side event on Burundi on 4 March 2016 during UN Human Rights Council
March 2, 2016
DefendDefenders (East and Horn of Africa Human Rights Defenders Project) together with the many NGOs, whose logos are shown above, will host the side event “Crisis in Burundi: Implementing Sustainable Solutions” on 4 March 2016 (15h00 – 17h00), Room XXIV, Palais des Nations, Geneva.
Panelists:
- Michel Forst, UN Special Rapporteur on the situation of Human Rights Defenders
- Pierre Claver Mbonimpa, President of APRODH (and Laureate MEA 2007)
- Tom Gibson, Representative for Burundi and DRC at Protection International
Moderator:
- Hassan Shire, Executive Director of East and Horn of Africa Human Rights Defenders Project.
The situation in Burundi is terrible as is know from the many reports issued already and the December 2015 Special Session of the UN Human Rights Council, which culminated in the adoption of a strong resolution mandating the High Commissioner for Human Rights to deploy a mission by independent experts to visit the country to investigate human rights violations, represents an important step to ensuring greater accountability for violations of fundamental rights in Burundi. However, the Burundian Government’s refusal to facilitate this mission has severely hampered efforts to identify and implement a sustainable resolution to the crisis [https://thoolen.wordpress.com/2016/02/08/what-is-burundi-doing-in-the-un-human-rights-council/]. Although there is now a bit of hope as three investigators are due to visit Burundi for a week from March 1, the Office of the High Commissioner for Human Rights (OHCHR) said in a statement. The three experts — from Algeria, Colombia and South Africa — are members of the UN’s Independent Investigation on Burundi (UNIIB). “Our aim is to help the state fulfil its human rights obligations, ensure accountability for human rights violations and abuses, including by identifying alleged perpetrators,” said Christof Heyns, the UN’s Special Rapporteur on Extrajudicial, Summary of Arbitrary Executions who is one of the investigators. The African Union (AU) said it would increase the number of human rights and military observers deployed. “The AU will deploy 100 human rights observers and 100 military monitors to Burundi to monitor the situation,” a statement on the South African presidency’s website said Saturday.
http://www.timeslive.co.za/africa/2016/02/29/UN-to-send-human-rights-team-to-Burundi
Hans Thoolen on Human Rights Defenders and their awards 