I have long argued that we should take another look at the possibility of using the suspension clause when members of the UN Human Rights Council go too far (see e.g. in the case of persistent reprisals https://thoolen.wordpress.com/2014/03/13/zero-tolerance-for-states-that-take-reprisals-against-hrds-lets-up-the-ante/in the reprisals ). On Wednesday 29 June 2016, the two leading human rights NGOs, Amnesty International and Human Rights Watch, have urged UN member-states to suspend Saudi Arabia from the UN Human Rights Council over the killing of civilians in Yemen and repression at home. It will be a long shot but worth seeing how it works out: Read the rest of this entry »
Archive for the 'Human Rights Council' Category
UN rapporteurs urge India to repeal law restricting human rights defenders access to foreign funding
June 17, 2016While most attention on the issue of foreign funding of NGOs has gone to Russia, which for this purpose invented the ‘foreign agent’ law, [https://thoolen.wordpress.com/tag/foreign-agent-law/], another big country – India – has been stepping up its own version through a law restricting civil society access to foreign funding:
On 16 June 2016 three United Nations rapporteurs on human rights called on the Government of India to repeal a regulation that has been increasingly used to obstruct civil society’s access to foreign funding. The experts’ call comes as the Indian Ministry of Home Affairs suspended for six months the registration of the non-governmental organization Lawyers Collective, under the Foreign Contribution Regulation Act (FCRA), according to a news release from the Office of the UN High Commissioner for Human Rights (OHCHR) in Geneva. [see also my post form 2013: https://thoolen.wordpress.com/2013/11/05/india-should-end-funding-restraints-on-human-rights-defenders-says-hrw/]
The suspension was imposed on the basis of allegations that its founders, human rights lawyers Indira Jaising and Anand Grover, violated the act provisions by using foreign funding for purposes other than intended.
“We are alarmed that FCRA provisions are being used more and more to silence organisations involved in advocating civil, political, economic, social, environmental or cultural priorities, which may differ from those backed by the Government,” said UN Special Rapporteurs on human rights defenders, Michel Forst, on freedom of expression, David Kaye, and on freedom of association, Maina Kiai.
Despite detailed evidence provided by the non-governmental organization (NGO) to rebut all allegations and prove that all foreign contributions were spent and accounted for in line with FCRA, the suspension was still applied. “We are alarmed by reports that the suspension was politically motivated and was aimed at intimidating, delegitimising and silencing Lawyers Collective for their litigation and criticism of the Government’s policies,” the experts said noting that the NGO is known for its public interest litigation and advocacy in defence of the most vulnerable and marginalised members of Indian society.
Many civil society organizations in India now depend on FCRA accreditation to receive foreign funding, which is critical to their operations assisting millions of Indians in pursuing their political, cultural, economic and social rights. The ability to access foreign funding is vital to human rights work and is an integral part of the right to freedom of association. However, FCRA’s broad and vague terms such as ‘political nature’, ‘economic interest of the State’ or ‘public interest’ are overly broad, do not conform to a prescribed aim, and are not a proportionate responses to the purported goal of the restriction.
“Human rights defenders and civil society must have the ability to do their important job without being subjected to increased limitations on their access to foreign funding and the undue suspension of their registration on the basis of burdensome administrative requirements imposed to those organizations in receipt of foreign funds,” the UN human rights experts concluded.
Humanists calls on UN to stop reprisals against human rights defenders
June 15, 2016On the first day of the 32nd session of the United Nations Human Rights Council, the International Humanist and Ethical Union (IHEU), called on the UN to do more to protect human rights activists, their right to free expression and their engagement with the UN system itself.
“We thank the High Commissioner for expressing his acute concern about the harassment of civil society organisations and journalists. As he has noted, effective engagement with, and empowerment of, civil society is vital to “give people, including the marginalised, a way to make their voices heard. Yet, some of those seeking to engage with this very institution have been targeted, via intimidation, threats, and reprisals, because they highlight human rights abuses in their own countries. Human rights defenders in China, Cambodia, Kuwait, and Sri Lanka have suffered reprisals. Just this weekend, Bahrain, following a predictable pattern, prevented at least six activists from traveling to Geneva to participate in this Council.
In addition, a number of states have made concerted efforts to exclude specific civil society voices from participation at the UN generally; ahead of a UN meeting on ending AIDS this month, the OIC blocked 11 gay and transgender organizations from attending. Freedom of expression and the right to peaceful assembly are not just rights to be emphasised for individuals across the world within different states, but also for those representing NGOs at the institutional level. Without them, we lose our capacity to stand up for the rights of others and our only current hope of bringing all states to account for their human rights abuses across the world.
This Council has a responsibility to protect those who engage with it from intimidation and reprisals. It also has a duty to ensure the protection of the all-too-vulnerable rights of free expression and assembly. If, as the High Commissioner suggests, civil society engagement can be viewed as a “threshold issue,” it is not at all clear whether this Council currently meets such a threshold…
Plenary of UN Human Rights Council, Geneva
O’Casey, IHEU Director of Advocacy,, argued that it is critical that the Council addresses threats suffered by those human rights defenders lobbying the UN once they have returned home.
Her statement in full at: IHEU | IHEU calls on UN to protect human rights defenders
UN High Commissioner for Human Rights warns of ‘preventable calamities’ worldwide
June 14, 2016In a wide-ranging opening speech to the United Nations Human Rights Council in Geneva, on 13 June 2016, the UN rights chief sheds a light on “ calamities” and worrying trends around the world, including detailed concerns about the situation in more than 50 countries.
High Commissioner for Human Rights Zeid Ra’ad Al Hussein. UN Photo/Pierre Albouy
“Hate is becoming mainstreamed,” warned the UN High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, speaking at the opening of the Council’s 32nd session.
“Walls – which tormented previous generations, and have never yielded any sustainable solution to any problem – are returning. Barriers of suspicion are rising, snaking through and between our societies – and they are killers. Clampdowns on public freedoms, and crackdowns on civil society activists and human rights defenders, are hacking away at the forces which uphold the healthy functioning of societies. Judicial institutions which act as checks on executive power are being dismantled. Towering inequalities are hollowing out the sense that there are common goods,” Mr. Zeid stressed. He said these trends “bleed nations of their innate resilience,” and do not make them safe; instead, they make them weaker. “Piece by piece, these mutually reinforcing trends are shearing off the protections that maintain respect, enable development, and provide the only fragile basis for world peace. They are attacks on sanity. And they can be reversed”
Meanwhile, he told Member States that he very much regrets the refusal by some countries to permit the staff of the his Office (OHCHR) to have access in order to monitor and report on events. “I must emphasise that non-cooperation by Governments will not result in my Office remaining silent. On the contrary, it creates a presumption of major violations, and may deprive local and national actors of the opportunity to explain and provide information about events,” he stressed, adding that when he updates the Council at the September session, he may list a number of countries where engagement with or access for his Office is impeded.
‘Very pressing human rights concerns’ around the globe
Today, Mr. Zeid said his goal was to outline “some very pressing human rights concerns, which could have been prevented – and must now be redressed.”
Speaking of the situation in Europe, Mr. Zeid underlined that globally, many countries have distinguished themselves “by their principled welcome to large numbers of desperate, often terrified and poverty-stricken migrants and refugees.” However, he said many other countries have not done so, and their failure to take in a fair share of the world’s most vulnerable is undermining the efforts of more responsible States.
Turning to the Middle East and North Africa, he warned that “the life-forces of society – which are the freedom and hopes of the people – are crushed by repression, conflict or violent anarchy.” “The antidote to the savagery of violent extremism is greater rule of law,” he stressed. “The best way to fight terrorism, and to stabilize the region, is to push back against discrimination; corruption; poor governance; failures of policing and justice; inequality; the denial of public freedoms, and other drivers of radicalization.”
In relation to other challenges on the African continent, Mr. Zeid’s remarks included concerns about new waves of attacks by violent extremists; killings, disappearances and arbitrary arrests by agents of the State or associated militia; some signs of stable countries “backsliding into violence; and some showing a reduction in “democratic space.”
Similarly in Asia, terrorist groups are claiming responsibility for many deadly incidents against men, women, and children; there has reportedly been a dramatic increase in the number of brutal murders against freethinkers, liberals, religious minorities and activists for lesbian, gay, bisexual and transgender (LGBT) rights; longstanding protests have also continued and escalated with police using excessive force.
Meanwhile, the UN rights chief shared his concern about the situation across the Americas regarding the very high incidence of gun violence and gun-related deaths. According to the UN Office on Drugs and Crime (UNODC), the Americas have by far the highest rate of intentional homicide of any region in the world.
Reprisals reach even an international NGO attending the Human Rights Council in Geneva
June 13, 2016This blog has always had a keen eye out for reprisals against human rights defenders as I believe strongly that this issue is one of the most crucial facing the human rights movement. See e.g. https://thoolen.wordpress.com/2014/03/13/zero-tolerance-for-states-that-take-reprisals-against-hrds-lets-up-the-ante/. Now it turns out that Florian Irminger, Head of Advocacy at the Human Rights House Foundation (HRHF), received a death threat during the 31st session of the UN Human Rights Council (in March). Evidence strongly suggests that a diplomat working for the Russian Federation in Geneva and attending the Human Rights Council made this threat [see confirmation in link at the end of this piece]. Read the rest of this entry »
15 June 2016: a good day to reflect on what it takes to be a human rights defender
June 13, 2016Wednesday 15 June marks the global day of action calling for justice for Berta Cáceres, an indigenous Lenca woman and environmental human rights defender in Honduras who was assassinated earlier this year [https://thoolen.wordpress.com/2016/03/07/exceptional-response-from-ngo-world-on-killing-of-berta-caceres/ ]. Her organization COPINH (Civic Council of Popular and Indigenous Organizations of Honduras) called for this global day of action where people all over the world will be holding demonstrations and protests at Honduran consulates and embassies.
Her case should inspire the Panel discussion held the same day, 18h00 – 18h45, under the title “What does it take to be a human rights defender ?, organised by the European Union Delegation to the UN and the Geneva Academy of International Humanitarian Law and Human Rights in the Maison de la Paix, Geneva. Read the rest of this entry »
What the next session of the Human Rights Council will do with Human Rights Defenders
June 9, 2016The UN Human Rights Council will hold its 32nd regular session at Palais des Nations in Geneva from 13 June to 1 July 2016. The Geneva-based International Service for Human Rights published its preview called “Alert to the Human Rights Council’s 32nd session”. This special issue of the ISHR Monitor is worth reading in full, but for those with special interest in human rights defenders here are some of the highlights: Read the rest of this entry »
Profile of human rights defender Tuisina Ymania Brown, a Fa’afafine from Samoa
June 2, 2016Samoa 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 »
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


