In an open letter to the UN members states, dated 26 October 2016, twelve NGOs, coming from all regions, call for the suspension of Burundi from the Human Rights Council given the combination of its flagrant refusal to coöperate with the Council and the gross and systematic violations of human rights occurring in the country. [see also: https://thoolen.wordpress.com/2016/02/08/what-is-burundi-doing-in-the-un-human-rights-council/]. Here the main points: Read the rest of this entry »
Archive for the 'Human Rights Council' Category
Assistant Secretary General Andrew Gilmour appointed as the UN’s focal point to combat reprisals against human rights defenders
October 5, 2016The problem of reprisals against human rights defenders has been the subject of quite a few posts in this blog [see my earlier posts: https://thoolen.wordpress.com/tag/reprisals/]. On 3 October 2016 the SG of the United Nations, Ban Ki-moon, finally unveiled details about the long-awaited focal point against reprisals. This is a much-needed element to help combat the growing problem of governments preventing human rights defenders from engaging with the UN or punishing and even imprisoning them when they do so.
Assistant Secretary General, Andrew Gilmour, will be given a special mandate to receive, consider and respond to allegations of intimidation and reprisals against human rights defenders and other civil society actors engaging with the UN. In announcing the appointment Mr Ban said ‘These courageous individuals are often our only eyes and ears in extremely tough environments – and we owe them our best possible support’. ‘I have decided, in consultation with the High Commissioner for Human Rights, to designate my new Assistant Secretary-General for Human Rights, Mr. Andrew Gilmour, to lead our efforts within the UN system to put a stop to all intimidation and reprisals against those cooperating with the United Nations on human rights,’.
A recent report by the SG shows that reprisals take many forms, including travel bans, the issuance of arrest warrants on terrorism charges, detention and torture, surveillance, death threats, attempts to frame activists for criminal acts, defamation, and intimidation. In several cases defenders are tarnished as ‘terrorists’ or ‘traitors’, contributing to perceptions that engagement with the UN is an act of betrayal. In some cases reprisals have led to individuals fleeing their country, in others, to death.
This is an extremely welcome development. The ability of people or organisations to provide evidence or submit information or complaints to the UN is not a privilege – it is a fundamental right enshrined in the UN Declaration on Human Rights Defenders and it must be protected,’ said Ms Sinclair, ISHR’s legal counsel.
Source: Ban Ki-moon appoints high-ranking official to combat reprisals against human rights defenders | ISHR
Monday 26 September: important panel discussion on responses to intimidation and reprisals against HRDs
September 21, 2016Ghana, Hungary, Ireland and Uruguay – in cooperation with ISHR – are organizing a panel discussion about current situations, existing practices and new ideas for better implementation of Human Rights Council resolutions on preventing and responding to reprisals.
Monday 26 September 2016, 1.00 – 3.00 pm – Room XXIII, Palais des Nations
Panelists
• Ms Peggy Hicks, Office of the High Commissioner for Human Rights
• Mr Alessio Bruni, Rapporteur on reprisals of the Committee Against Torture
• H.E. Ms Yvette Stevens, Permanent Representative of Sierra Leone to the UN
• Ms Maryam Al-Khawaja, Co-director of Gulf Center for Human Rights
• Mr Philip Lynch, Director of International Service for Human Rights
Moderator
• H.E. Ms Zsuzsanna Horváth, Permanent Representative of Hungary to the UN
For my earlier posts on reprisals: https://thoolen.wordpress.com/tag/reprisals/
Emirates response to UN High Commissioner’s could do more than calling for more dialogue
September 16, 2016The UN High Commissioner’s opening speech at the 33rd session of the UN Human Rights Council [https://thoolen.wordpress.com/2016/09/14/un-high-commissioner-for-human-rights-states-may-shut-my-office-out-but-they-will-not-shut-us-up/] continues to makes waves and has led to interesting reactions. Here the one from the Emirates as reported by ArabianBusiness.com on 15 September 2016 under the heading: “UAE calls for open, transparent dialogue on human rights”
Zeid Ra’ad Al Hussein, UN High Commissioner for Human Rights, in his statement at the 33rd session of the Human Rights Council, said he was “concerned by harassment and arrests of human rights defenders and political activists, and legislation which enables revocation of citizenship without due process” in Bahrain. The UAE’s Permanent Representative to the United Nations, Obaid Salem Al Zaabi said that the emirates shares the high commissioner’s concerns about several human rights issues in different parts of the world. He even gave careful endorsement of the HC’s statement on interference by saying: “The current experience shows that there is still a misunderstanding in the areas related to enhancing human rights at the national levels, which led the nations to deem them as interference in their respective internal affairs and a violation of their sovereignty,” Al Zaabi said, according to news agency WAM.
But then he had to add that he regretted that the High Commissioner ignored in his update the efforts made by Bahrain to provide a rapprochement ground for all parties to overcome this difficult stage. “Concentrating only on the negative aspects can create a wrong impression that others may exploit to further complicate the situation in Bahrain,” Al Zaabi said. He said the only way to resolve the situation in Bahrain is through objective and constructive dialogue, not confrontational and tense language.
Al Zaabi also renewed the UAE’s readiness to co-operate with the High Commissioner, through its continuous contributions to the relevant UN funds. This is fine of course but, more convincing would be if the Emirates would lift the travel ban on their most prominent human rights defender: Ahmed Mansoor: https://thoolen.wordpress.com/2015/10/06/ahmed-mansoor-leading-human-rights-defender-in-the-emirates-is-2015-laureate-mea/ and https://thoolen.wordpress.com/2015/09/15/fly-emirates-if-the-emirs-let-you/
Source: UAE calls for open, transparent dialogue on human rights – ArabianBusiness.com
Ethiopia: High Commissioner, Marathon runner and MEA Jury agree
September 16, 2016Last week I reported that a number of NGOs had written to the UN Human Rights Council [https://thoolen.wordpress.com/2016/09/09/un-human-rights-council-urged-to-address-situation-in-ethiopia/]. Speaking at the opening session of the Council, Zeid Ra’ad Al Hussein, the UN High Commissioner for Human Rights, said: “While Ethiopia has made impressive gains in terms of economic development, we are deeply concerned about repeated allegations of excessive and lethal use of force against protestors, enforced disappearances, and mass detentions, including of children, as well as by worrying restrictions on civil society, the media and opposition.” The High Commissioner said it was “mystifying” that the Ethiopian government refused to allow his office access to parts of the country where human rights abuses – including the recent shooting of protestors – have been alleged.[https://thoolen.wordpress.com/2016/09/14/un-high-commissioner-for-human-rights-states-may-shut-my-office-out-but-they-will-not-shut-us-up/]. The UN High Commissioner used the occasion to criticise Ethiopia for a recent crackdown on opposition which has included the kidnapping and sentencing to death of a British man, Andargachew ‘Andy’ Tsege.
The Voice of America reported that Feyisa Lilesa, the Ethiopian silver medalist in the marathon at last month’s Rio Olympics, was in Washington this week, calling on the U.S. Congress to take action in solidarity with Ethiopians protesting their government. Lilesa gained worldwide attention when he crossed his wrists as a sign of protest as he approached the finish line during the Rio men’s marathon. He is Oromo and made the gesture in solidarity with Oromo protests that have occurred in Ethiopia since last November over issues including land rights and fair representation in the government. He met with Prince Zeid Ra’ad Al-Hussein, the U.N. high commissioner for human rights, in New York to discuss human rights issues in Ethiopia.
Silver medalist Feyisa Lilesa of Ethiopia crosses his writsts as he celebrates on the podium after the men’s marathon at the 2016 Summer Olympics in Rio de Janeiro,
The Martin Ennals Award has in the meantime published a short video with comments by its Jury members about the Final Nominee from Ethiopia: Zone 9 Bloggers:
sources:
http://www.voanews.com/a/ethiopian-runner-calls-united-states-push-human-rights/3509965.html
EU and Human Rights NGOs urge Bahrain to end crackdown – as reported by Iranian news agency
September 15, 2016The widely-supported call to free Bahraini human rights defender Nabeel Rajab [https://thoolen.wordpress.com/tag/nabeel-rajab/]was also taken up by the Iranian Tasnim News Agency (operating in English since 2013). This of course most welcome but begs the question why other such calls for human rights defenders, e.g. in Iran, do not get such attention [https://thoolen.wordpress.com/tag/iran/] or the persist lack of cooperation with the UN is not critically reported [see yesterday’s: https://thoolen.wordpress.com/2016/09/14/un-high-commissioner-for-human-rights-states-may-shut-my-office-out-but-they-will-not-shut-us-up/]
The explanation is to be found in ‘about us’, where the agency says: Defending the Islamic Revolution against negative media propaganda campaign and providing our readers with realities on the ground about Iran and Islam, specially current wave of the Islamic Awakening in the region are top on our agenda in Tasnim News Agency. The Islamic nature of the developments in the region and similarities between the Islamic Awakening Movement, which swept the Middle East and North Africa since 2011, and Iran’s 1979 Islamic Revolution have unveiled Islamic Revolution’s inspiring role in the region. The development came despite efforts made by opponents and enemies of Iran to block the country’s growing influence in the region and in the world……Tasnim News Agency will do its best to bring to light the true aspects of events and developments in Iran and in the world, and will also cover the latest developments regarding the Islamic Awakening Movement.
That Nabeel Rajab is Shia may well be relevant.
UN High Commissioner for Human Rights: “States may shut my Office out – but they will not shut us up”
September 14, 2016Readers are forgiven for not remembering that in the 1980’s it was forbidden for UN officials to name and shame countries by name (with a few exceptions) and those that did usually paid a price for that (e.g. Theo van Boven in 1982 and the curtailing of terms for some High Commissioners). Now, in the span of one week the current High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, has first named and shamed some politicians as dangerous demagogues (6 September 2016 in the Hague): Mr. Wilders. Mr. Trump, Mr. Orban, Mr. Zeman, Mr. Hofer, Mr. Fico, Madame Le Pen, and Mr. Farage. He followed this up in his opening statement at the 33rd session of the UN Human Rights Council on 13 September 2016 with a forceful attack on countries that refuses to cooperate with his Office or other UN procedures: foremost Syria but also Venezuela, Turkey, Ethiopia, Israel, North Korea, India, Pakistan, Mozambique, USA, Gambia, China, Nepal, Uzbekistan, Armenia, Dominican Republic, Belarus, Eritrea, Iran, and Burundi. The non-cooperation by those in control of areas such as Abkhazia, South Ossetia, Crimea, and Nagorno-Karabakh was also singled out.
The part that underpins the ‘legitimacy’ of his interference is of special relevance: “Under international law, wrongful “intervention” – as prohibited in Article 2(7) of the UN Charter – is by nature coercive. And it should be obvious that my Office has no coercive power. No activity that we undertake can possibly be considered constitutive of a prohibited “intervention”. …We request access so we can better work to help bring your laws and practices in line with international agreements which you, the States drafted and ratified – and to assist you to comply with recommendations which you have publicly, and often fulsomely, accepted….Are human rights exclusively a national issue? Governments have the responsibility to uphold their human rights obligations and to respect the standards. But the human rights of all people, in all countries, also require – unquestionably – our collective attention. The Vienna Declaration, adopted unanimously 23 years ago, confirmed this..”
“Human rights violations will not disappear if a government blocks access to international observers and then invests in a public relations campaign to offset any unwanted publicity. On the contrary, efforts to duck or refuse legitimate scrutiny raise an obvious question: what, precisely, are you hiding from us? I classify as refusals of access all unreasonable delays, elaborately ritualised and unreasonably prolonged negotiations, and responses to specific requests which seem to seek to fob us off with inadequate alternatives to real, fact-based assessment. Access delayed is access denied: two weeks is surely amply sufficient to secure a decision from all relevant officials. Claims that insecure conditions make it impossible to give my staff access are also less than acceptable. My staff work with great courage in some of the world’s most severely threatened communities, and will continue to do so when called upon – or at least, we could be the judge of that.
States may shut my Office out – but they will not shut us up; neither will they blind us. If access is refused, we will assume the worst, and yet do our utmost to nonetheless report as accurately as we can on serious allegations. Our remote monitoring is likely to involve witness testimony, credible third-party reports and use of satellite imagery, among other techniques. Certainly, remote monitoring is a poor substitute for in-person observation by expert analysts. It makes it more difficult to verify and confirm the competing allegations of any party – including the Government. I regret that imprecision, and encourage all States to assist us to correct it, by permitting my teams unhindered access to events on the ground when requested.“
The two texts follow below in toto; summarizing them would not do justice to the elaborate and courageous words of this High Commissioner, who seems not to be concerned about securing a second term. Moreover, the one in the Hague stands out by its eloquence!
UN Human Rights Council – How do the candidates for the 2017 elections rate?
September 13, 2016The UN Human Rights Council – now in its 33rd session – has quite a few States on it that shouldn’t be there because of their own deplorable human rights record. In order to help influence the election process a number of procedures have been developed such as public pledges by the candidate States. NGOs, such as AI and the ISHR, have even organized public debates to which these States are invited [see: https://thoolen.wordpress.com/2014/07/17/some-states-have-the-courage-to-set-out-their-commitments-as-members-of-the-human-rights-council/]
The ISHR has now published ‘scorecards’ for each of the States seeking election to the UN Human Rights Council for 2017-2019. Read the rest of this entry »
13 September starts the 33rd session of the Human Rights Council: reprisals high on the agenda
September 9, 2016As usual, the Geneva-based International Service for Human Rights (ISHR) has published a preview of the main items coming up in the next (33rd) session of the Human Rights Council‘s starting on Tuesday 13 September 2016. It will finish on 30 September. For human rights defenders the focus on the question of reprisals is of great importance.
Other thematic issues are: enforced disappearances, arbitrary detention and National Human Rights Institutions.
Reprisals
A highlight this session will be the opportunity for States to respond to the Secretary-General’s latest report documenting serious cases of intimidation and reprisals against human rights defenders, and contribute to finding concrete solutions at panel discussion to be hosted by the core group of States on this topic (Hungary, Uruguay, Ghana, Ireland and Fiji). The Secretary General’s annual report on cooperation with the UN, its mechanisms and representatives in the field of human rights – more frequently referred to as the “reprisals report” – will be presented at this session of the Council. The report covers the period from 1 June 2015 onwards.
Particular attention during HRC33 will be paid to Bahrain. According to allegations of travel bans against human rights defenders documented by the President of the Human Rights Council, and communicated via the minutes of a recent meeting of the HRC Bureau [LINK], in which the President expressed concern about “the lack of appropriate action or adequate explanatory information from the concerned State” to the allegations.
The Secretary-General’s report consists of a compilation of cases of intimidation and reprisals due to cooperation with the UN organisations and its specialised agencies in the field of human rights, including cases in relation to the Council, its UPR and Special Procedures; Human Rights Treaty Bodies; the OHCHR, its field presences and Human Rights Advisers; United Nations Country Teams; human rights components of peacekeeping missions and other parts of the Secretariat or specialized agencies working in the field of human rights.
The Secretary General’s last report documented a significant number of cases in which people have been threatened, stigmatised, censored, restricted from travelling, detained, beaten, held in solitary confinement, disappeared, and tortured for their work to expose and pursue accountability for human rights violations at the UN. In many of the cases the threats and attacks have not been properly investigated nor have perpetrators been held to account. However, the report did note a range of positive developments aimed at preventing and promoting accountability for reprisals highlighting that:
- a number of treaty bodies have appointed reprisals rapporteurs or focal points,
- the treaty bodies as a whole have recently adopted a comprehensive set of guidelines on combatting intimidation and reprisals, and
- the President of the Human Rights Council has developed ‘ways of addressing the issue of reprisals in a more coherent and systematic manner’.
In line with previous recommendations of the Secretary-General, States are encouraged to use the General Debate under Item 5 to address the cases documented. This should include in particular the States concerned, i.e. those mentioned in the report, who are expected by civil society to respond to the allegations and set out the steps taken to investigate them, hold the perpetrators to account and provide remedies to the victims.
Many of my earlier posts relate to reprisals: https://thoolen.wordpress.com/tag/reprisals/, including: https://thoolen.wordpress.com/2014/03/13/zero-tolerance-for-states-that-take-reprisals-against-hrds-lets-up-the-ante/
Working Group on Enforced Disappearances
The Working Group on Enforced Disappearances will present its report, summarising its activities over the last year and previewing its thematic study on enforced disappearances in the context of migration. Included in this is a short discussion of ‘individuals [who] migrate due to the disappearances of their relatives or loved ones or to avoid reprisals due to their work in searching and pursuing justice… and human rights defenders who are forced to migrate due to their work fighting enforced disappearances.’ The Working Group’s report also expresses serious concern as to ‘a pattern of threats, intimidation and reprisals against victims of enforced disappearance, including family members, witnesses and human rights defenders working on such cases. It calls upon States to take specific measures to prevent such acts and re-iterates the call for the UN to appoint a high-level official to combat reprisals as a matter of urgency and priority.
Working Group on Arbitrary Detention
The mandate of the Working Group on Arbitrary Detention will be renewed at this session. Among the likely ‘asks’ of the resolution are more resources to support their ability to respond to victims of arbitrary detention, the ability to raise awareness through reporting to the UN General Assembly and the mandate from the Council to embark on a thematic study.
National human rights institutions
National human rights institutions have a vital role to play in contributing to the national implementation of international human rights obligations. The annual report of the Secretary-General and High Commissioner sets out a range of steps and measures that both States and NHRIs should take in this regard. For States, such steps should include ensuring that the NHRI is broadly mandated (including in respect of economic, social and cultural rights), that it is adequately resourced, authorised to inspect places of detention, and protected from interference, intimidation and reprisals. For NHRIs, the report emphasises the importance of engaging and consulting closely with civil society, contributing to the protection of human rights defenders, and enhancing cooperation with international human rights mechanisms as a means of bridging the ‘implementation gap’.
Of special relevance for human rights defenders are also the country situations on the agenda of the 33rd Session:
Following the special session of the Human Rights Council on Burundi in December 2015, an interactive dialogue on the situation in Burundi is scheduled to take place on 27 September. From 13 to 17 June three human rights experts of the United Nations Independent Investigation on Burundi conducted their second visit to Burundi to address the human rights concerns raised in the special session Human Rights Council resolution. The experts will present their final report to the Human Rights Council this session. The gravity of human rights violations and the level of State responsibility in Burundi is unacceptable. [https://thoolen.wordpress.com/2016/02/08/what-is-burundi-doing-in-the-un-human-rights-council/]
Given the deteriorating situation of human rights in Cambodia, and the impunity with which intimidation and violence against human rights defenders occur, a range of national and international organisations calls on the Council to adopt a resolution on the country. This step would acknowledge the backsliding over the last year; reiterate the Council’s expectations for meaningful cooperation, with the Special Rapporteur and the OHCHR; and lay out benchmarks for the coming year, in light of the 2017 elections and the anniversary of the Paris Peace agreement, that would indicate clear progress achieved through the technical assistance and capacity-building mandate The interactive dialogue with the Special Rapporteur on Cambodia, scheduled for 28 September, is a chance for the international community to hear from, and respond to, Special Rapporteur Rhona Smith following her visits to the country and the communications she and other UN experts sent related to harassment and detention of NGO workers and the killing of well-known public figure Kem Ley. [https://thoolen.wordpress.com/2016/05/04/civil-society-condemns-charges-human-rights-defenders-cambodia/]
Individual interactive dialogues with mandate holders will be held in relation to Sudan, Central African Republic and Somalia. Interactive dialogues on the High Commissioner’s reports and oral updates will be held on the Democratic Republic of the Congo, Libya, and Ukraine. The High Commissioner will present his reports on Cambodia and Yemen in a General Debate under Item 10. There will also be an interactive dialogue with the Commission of Inquiry on Syria.
The Council will adopt the UPR reports of 14 countries.
#HRC33 / Thematic areas of interest | ISHR
https://www.ishr.ch/news/hrc33-country-specific-developments
UN Human Rights Council urged to address situation in Ethiopia
September 9, 201615 major human rights rights groups have written a joint letter to the U.N. Human Rights Council urging an immediate halt to “excessive” use of force by Ethiopian security forces. The letter dated Thursday 8 September also calls for an independent investigation into the reported killings of hundreds of people in Ethiopia’s Amhara and Oromia states since November 2015 amid protests. “Authorities have also arbitrarily arrested thousands of people throughout Oromia and Amhara during and after protests, including journalists and human rights defenders,” the letter says. The Human Rights Council convenes next week in Geneva.
Earlier this year UN Rapporteurs had already expressed their concern: https://thoolen.wordpress.com/2016/02/10/un-rapporteurs-urge-ethiopia-to-end-violent-crackdown-and-impunity/
Hans Thoolen on Human Rights Defenders and their awards 