The first World Congress on Enforced Disappearances will convene from 15 – 16 January in Geneva, marking a pivotal step in the global fight to prevent and eradicate this egregious human rights violation.
This event will bring together governments, victims, civil society organisations, and international bodies to foster dialogue and chart a collective path forward to end enforced disappearances worldwide. Over the course of the two-day event, panel discussions will be held on topics such as international responsibility for the forcibly disappeared, strengthening search procedures, and protecting victims, rights defenders, lawyers and journalists.
Details of the programme are available online. The event will take place at the Geneva International Conference Centre (CICG). Onsite registration is open at the venue.
The Working Group on Enforced or Involuntary Disappearances comprises five independent experts from all regions of the world. The Chair-Rapporteur is Ms. Gabriella Citroni (Italy); and the Vice-Chair is Ms. Grażyna Baranowska (Poland); other members are Aua Balde (Guinea-Bissau); Ms. Ana Lorena Delgadillo Perez (Mexico); and Mr. Mohammed Al-Obaidi (Iraq).
The Turkish government has refused to respond to allegations of systematic repression against individuals allegedly affiliated with the Gülen movement made by United Nations special rapporteurs, according to official documents published on Friday by the Office of the United Nations High Commissioner for Human Rights.
In a joint letter dated October 7, 2024, seven UN special rapporteurs asked the Turkish government about alleged measures of “systematic repression against persons ostensibly affiliated with the Gülen Movement through the misuse of counter-terrorism legislation, and the concomitant impact on civil society, human rights defenders, political dissidents, and journalists.”
The allegations center on Turkey’s treatment of people allegedly associated with the faith-based Gülen movement, inspired by the late Muslim cleric Fethullah Gülen.
In its response via a diplomatic note dated October 30, the Turkish government refrained from answering the allegations brought up by the special rapporteurs and instead listed their accusations against the Gülen movement and requested the “Special Procedures of the Human Rights Council not to allow FETÖ and its members to abuse these mechanisms, and to dismiss their allegations.”
FETÖ is a derogatory acronym used to refer to the Gülen movement as a terrorist organization.
Turkish President Recep Tayyip Erdoğan has been pursuing followers of the Gülen movement since corruption investigations revealed in 2013 implicated then-Prime Minister Erdoğan and some members of his family and his inner circle.
Dismissing the investigations as a Gülenist coup and conspiracy against his government, Erdoğan designated the movement a terrorist organization and began to target its members. He intensified the crackdown on the movement following an abortive putsch in 2016 that he accused Gülen of masterminding. The movement has strongly denied involvement in the coup attempt or any terrorist activity.
The rapporteurs outlined practices they say violate international human rights laws, including arbitrary arrests, torture, transnational renditions and surveillance abuses.
The UN Rapporteurs said these individuals face intensified crackdowns involving mass detentions, forced disappearances and unjust prosecutions under vague anti-terrorism laws. Between June 2023 and June 2024, more than 8,800 people were detained and 1,500 were charged with terrorism offenses, they said.
Among the rapporteurs’ chief concerns was the treatment of children detained as part of these operations. In May 2024, 16 children were arrested in İstanbul and allegedly subjected to psychological pressure, physical torture and denial of legal counsel. The UN rapporteurs described these actions as clear violations of international protections for children under the Convention on the Rights of the Child.
The rapporteurs also criticized Turkey’s use of public “grey lists,” wanted lists where individuals — ranging from journalists to human rights defenders — are labeled as terrorists, often without evidence or due process. These lists, which include photos and personal details, are made public alongside monetary rewards for information leading to their capture. This practice, according to the rapporteurs, endangers lives, undermines freedoms and creates a “hitman economy.”
Another key concern involved transnational renditions. The rapporteurs alleged that Turkey has systematically abducted and forcibly returned suspected Gülen affiliates from other countries under vague bilateral security agreements. Victims were reportedly detained in secret, subjected to torture and coerced into confessions used in prosecutions.
The misuse of surveillance powers also drew heavy criticism. Turkey’s intelligence agency was accused of fabricating evidence from the ByLock messaging app to convict thousands of people on tenuous charges of affiliation with the Gülen movement. The UN noted that such actions lack due process and violate privacy rights under international law.
The rapporteurs called on Turkey to address these alleged violations, halt ongoing abuses and ensure compliance with international human rights standards. They expressed particular concern about the government’s expansive interpretation of anti-terrorism laws, which they argue target legitimate political activity, dissent and human rights advocacy.
The letter was authored by seven UN special rapporteurs and a UN expert, including Mary Lawlor, special rapporteur on the situation of human rights defenders; Alice Jill Edwards, special rapporteur on torture and other cruel, inhuman or degrading treatment or punishment; and Fionnuala Ní Aoláin, special rapporteur on the promotion and protection of human rights while countering terrorism. Other contributors included Gabriella Citroni, chair-rapporteur of the Working Group on Enforced or Involuntary Disappearances and Irene Khan, special rapporteur on freedom of opinion and expression.
At the 57th Human Rights Council session, civil society organisations share reflections on key outcomes and highlight gaps in addressing crucial issues and situations. Full written version below:
States continue to fail to meet their obligations under international law to put an end to decades of Israeli crimes committed against the Palestinian people, including the genocide in Gaza, and most recently Israel’s war on Lebanon. States that continue to provide military, economic and political support to Israel, while suppressing fundamental freedoms such as expression and assembly, as well as attacking independent courts and experts, and defunding humanitarian aid (UNRWA), are complicit in the commission of crimes. We urge the Council to address the root causes of the situation as identified by experts and the ICJ, including settler-colonialism and apartheid, and to address the obligations of third States in the context of the ICJ’s provisional measures stressing the plausible risk of genocide in Gaza and the ICJ advisory opinion recognising that ‘Israel’s legislation and measures constitute a breach of Article 3 of CERD’ pertaining to racial segregation and apartheid. The General Assembly adopted the resolution titled “The Crime of Genocide” in December 1946, which articulates that the denial of existence of entire human groups shocks the conscience of mankind. We remind you of our collective duty and moral responsibility to stop genocide.
States have an obligation to pay UN membership dues in full and in time. The failure of many States to do so, often for politically motivated reasons, is causing a financial liquidity crisis, meaning that resolutions and mandates of the Human Rights Council cannot be implemented. Pay your dues! The visa denials to civil society by host countries is a recurring obstacle to accessing the UN; and acts of intimidation and reprisals are fundamental attacks against the UN system itself. The right to access and communicate with international bodies is firmly grounded in international law and pivotal to the advancement of human rights. In this regard, we welcome the action taken by 11 States to call for investigation and accountability for reprisals against individually named human rights defenders. This sends an important message of solidarity to defenders, many of whom are arbitrarily detained for contributing to the work of the UN, as well as increasing the political costs for perpetrators of such acts. We welcome progress in Indigenous Peoples’ participation in the work of this Council as it is the first time that they could register on their own for specific dialogues.
We welcome the adoption of the resolution that renews the mandate of the Special Rapporteur on the promotion and protection of human rights in the context of climate change by consensus.
We also welcome the adoption of the resolution on biodiversity sending a clear call to take more ambitious commitments at the sixteenth meeting of the Conference of the Parties to the Convention on Biological Diversity and acknowledging the negative impact that the loss of biodiversity can have on the enjoyment of all human rights, including the right to a clean, healthy and sustainable environment. We welcome that these two resolutions recognize the critical and positive role that Environmental Human Right Defenders play. We also welcome the adoption by consensus of the resolutions on the rights on safe drinking water and sanitation; and the resolution on human rights and Indigenous Peoples.
We welcome the adoption of the resolution on equal participation in political and public affairs which for the first time includes language on children and recognises their right to participation as well as the transformative role of civic education in supporting their participation. We also welcome the recognition that hate speech has a restrictive effect on children’s full, meaningful, inclusive and safe participation in political and public affairs.
We welcome the adoption of the resolution from rhetoric to reality: a global call for concrete action against racism, racial discrimination, xenophobia and related intolerance. The resolution contains important language on the implementation of the Durban Declaration and Programme of Action as well as the proclamation by the General Assembly of a second International Decade for People of African Descent commencing in 2025. We welcome the inclusion of a call to States to dispense reparatory justice, including finding ways to remedy historical racial injustices. This involves ensuring that the structures in society that perpetuate past injustices are transformed, including law enforcement and the administration of justice.
We welcome the adoption of a new resolution on human rights on the internet, which recognises that universal and meaningful connectivity is essential for the enjoyment of human rights. The resolution takes a progressive step forward in specifically recommending diverse and human right-based technological solutions to advance connectivity, including through governments creating an enabling and inclusive regulatory environment for small, non-profit and community internet operators. These solutions are particularly essential in ensuring connectivity for remote or rural communities. The resolution also unequivocally condemns internet shutdowns, online censorship, surveillance, and other measures that impede universal and meaningful connectivity. We now call on all Sates to fully implement the commitments in the resolution and ensure the same rights that people have offline are also protected online.
Whilst we welcome the attention in the resolution on the human rights of migrants to dehumanising, harmful and racist narratives about migration, we are disappointed that the resolution falls short of the calls from civil society, supported by the Special Rapporteur on Human Rights of Migrants, for the Human Rights Council to set up an independent and international monitoring mechanism to address deaths, torture and other grave human rights violations at borders. Such a mechanism would not only support prevention and accountability – it would provide a platform for the people at the heart of these human rights violations and abuses to be heard. The study and intersessional mandated in this resolution must be used to enhance independent monitoring and increase access to justice.
We welcome the adoption of the resolution on Afghanistan renewing and strengthening the mandate of the Special Rapporteur. Crucially, the resolution recognises the need to ensure accountability in Afghanistan through “comprehensive, multidimensional, gender-responsive and victim-centred” processes applying a “comprehensive approach to transitional justice.” However, we are disappointed that the resolution once again failed to establish an independent accountability mechanism that can undertake comprehensive investigations and collect and preserve evidence and information of violations and abuses in line with these principles to assist future and ongoing accountability processes. This not only represents a failure by the Council to respond to the demands of many Afghan and international civil society organisations, but also a failure to fulfil its own mandate to ensure prompt, independent and impartial investigations which this and all previous resolutions have recognised as urgent.
We welcome the renewal of the Special Rapporteur on Burundi.
We welcome the renewal of the Special Rapporteur’s mandate on the human rights situation in the Russian Federation. The human rights situation in Russia continues to deteriorate, with the alarming expansion of anti-extremism legislation now also targeting LGBT+ and Indigenous organisations being just the latest example of this trend. The Special Rapporteur has highlighted how such repression against civil society within Russia over many years has facilitated its external aggression. The mandate itself remains a vital lifeline for Russian civil society, connecting it with the Human Rights Council and the broader international community, despite the Russian authorities’ efforts to isolate their people.
We welcome the resolution on promoting reconciliation, accountability and human rights in Sri Lanka renewing for one year the mandate of the OHCHR Sri Lanka Accountability Project and of the High Commissioner to monitor and report on the situation. Its consensual adoption represents the broad recognition by the Council of the crucial need for continued international action to promote accountability and reconciliation in Sri Lanka and keeps the hopes of tens of thousands of victims, their families and survivors who, more than 15 years after the end of the war, continue to wait for justice and accountability. However, the resolution falls short in adequately responding to the calls by civil society. It fails to extend these mandates for two years which would have ensured that the Sri Lanka Accountability Project has the resources, capacity and stability to fulfill its mandate.
We welcome the renewal of the Fact Finding Mission on Sudan with broader support (23 votes in favor in comparison to 19 votes last year, and 12 votes against in comparison to 16 votes last year). This responds to the calls by 80 Sudanese, African, and other international NGOs for an extension of the mandate of the FFM for Sudan. We further reiterate our urgent calls for an immediate ceasefire and the prompt creation of safe corridors for humanitarian aid organisations and groups, and to guarantee the safety of their operations, as well as our call on the UN Security Council to extend the arms embargo on Darfur to all of Sudan and create effective monitoring and reporting mechanisms to ensure the implementation of the embargo.
We welcome the renewal of the mandates of the Fact-Finding Mission on Venezuela (FFM) and of OHCHR for two more years. The deepening repression at the hands of government forces following the fraudulent Presidential elections in July has made evident the vital importance of continued independent documenting, monitoring and reporting by the FFM and its role in early warning of further human rights deterioration. We are pleased that OHCHR is mandated to provide an oral update (with an ID) at the end of this year. This will be key ahead of the end of the term of the current presidency on 10 January 2025. This resolution is an important recognition of and contribution to the demands of victims and civil society for accountability.
We regret that the Council failed to take action on Bangladesh. We welcome Bangladesh’s cooperation with the Office of the High Commissioner for Human Rights including by inviting the Office to undertake investigations into allegations of serious violations and abuses in the context of youth-led protests in July and August, as well as positive steps by the interim government. However, we believe that a Council mandate would provide much needed support, stability and legitimacy to these positive initiatives at a time of serious political uncertainty in the country.
The Council’s persistent inaction and indifference in the face of Yemen’s escalating human rights crisis is deeply troubling. Since the dissolution of the Group of Eminent Experts, and despite years of mounting atrocities, we have yet to see the type of robust, independent international investigation that is desperately needed. Instead, the Council’s approach has been marked by half-measures and complacency, allowing widespread violations to continue unchecked. Despite the precarious humanitarian situation, the recent campaign of enforced disappearances and arbitrary detention by the de facto Houthi authorities and recent Israeli bombardments, Yemen has increasingly become a forgotten crisis. The current resolution on Yemen represents this failure. Technical assistance without reporting or discussion is an insufficient response. The decision to forgo an interactive dialogue on implementing this assistance is an oversight, undermining the principles of accountability and transparency. We welcome the inclusion of language in the resolution recognizing the vital role of NGO workers and humanitarian staff who the Houthis have arbitrarily detained. We call for the immediate and unconditional release of those who continue to be detained for nothing more than attempting to ensure the rule of law is respected and victims are protected. We urge this Council to act decisively, prioritize the creation of an independent international accountability mechanism, and place civilian protection at the forefront of its deliberations on Yemen.
We continue to deplore this Council’s exceptionalism towards serious human rights violations in China committed by the government. On 17 August, the OHCHR stressed that ‘many problematic laws and policies’ documented in its Xinjiang report remain in place, that abuses remain to be investigated, and that reprisals and lack of information hinder human rights monitoring. We welcome the statement by the Xinjiang Core Group on the second anniversary of the OHCHR’s Xinjiang report, regretting the government’s lack of meaningful cooperation with UN bodies, the rejection of UPR recommendations, and urging China to engage meaningfully to implement the OHCHR’s recommendations, including releasing all those arbitrarily detained, clarifying the whereabouts of those disappeared, and facilitating family reunion. It is imperative that the Human Rights Council take action commensurate to the gravity of UN findings, such as by establishing a monitoring and reporting mechanism on China as repeatedly urged by over 40 UN experts since 2020. We urge China to genuinely engage with the UN human rights system to enact meaningful reform, and ensure all individuals and peoples enjoy their human rights. Recommendations from the OHCHR Xinjiang report, UN Treaty Bodies, and UN Special Procedures chart the way for this desperately needed change.
Finally, we welcome the outcome of elections to the Human Rights Council at the General Assembly. States that are responsible for atrocity crimes, the widespread repression of civil society, and patterns of reprisals are not qualified to be elected to this Council. The outcomes of the election demonstrate the importance of all regions fielding competitive slates that are comprised of appropriately qualified candidates.
Signatories:
International Service for Human Rights (ISHR)
Asian Forum for Human Rights and Development (FORUM-ASIA)
Following a concerted campaign led by ISHR together with other civil society partners, Saudi Arabia was just defeated in its bid to be elected to the UN Human Rights Council!
On 12 July 2024 OMCT welcomed the UN Working Group’s call to the government of Tajikistan to unconditionally release them and grant them the right to compensation and other reparations. All five are representatives of the Pamiri indigenous population in the Gorno-Badakhshan Autonomous Province. Their arrest, detention and conviction occurred amidst a human rights crisis in the Autonomous Province when, following the killing of a local Pamiri resident by police, mass protests erupted in November 2021 and were violently cracked down, leaving 40 people dead and hundreds detained.
Ms. Ulfatkhonim Mamadshoeva is a journalist, well-known human rights defender, and advocate for the rights of the Pamiri Indigenous population. She was arrested and detained on 18 May 2022 in Dushanbe and sentenced to 20 years imprisonment in December 2022.
Faromuz Irgashov, Khursandsho Mamadshoev and Manuchehr Kholiqnazarov are human rights lawyers and belong to the Pamiri Lawyers’ Association, the Director of which is Mr. Kholiqnazarov. All three were members of Commission 44, presided by Mr. Irgashov. This commission had been formed to investigate police brutality following the November 2021 protests. Still, after a further escalation in May 2022, its members were threatened, and several of them were detained and convicted on charges of terrorism or establishing or participating in a criminal association. They were arrested and imprisoned in Khorog on 28 May 2022 and sentenced in December 2022 to 29-, 18- and 16-years imprisonment.
Sorbon Yunoev is a Pamiri civic activist involved in community initiatives in support of the Pamiri indigenous population, who actively criticised the crackdown and police violence during the November 2021 protests. He was arrested on 13 June 2022 in Khorog, released, re-arrested, and detained on 17 June 2022. On 23 August 2022, he was sentenced to 10 years’ imprisonment.
The World Organisation Against Torture (OMCT) submitted communications on these cases to the WGAD on 10 October 2023 and requested the Working Group to declare their detention as arbitrary and to call for their immediate release.
In its Opinions, the WGAD endorsed the arguments submitted by the OMCT and concluded that the detention of all five human rights defenders meets the definition of arbitrary deprivation of liberty on four separate counts. It noted also that the government failed to provide evidence that the accusations and charges brought had a factual basis.
The WGAD concluded that the arrest and detention of Mr Irgashov, Mr Mamadshoev and Mr Kholiknazarov were related to their legitimate advocacy for the investigation into police violence against the Pamiri Indigenous population and for having criticised law enforcement authorities for failing to effectively investigate police violence, as part of their work for Commission 44. Likewise, the Working Group concluded that the basis for the arrest and conviction of Ms. Mamadshoeva and Mr. Yunoev was their exercise of freedom of expression and freedom of assembly.
The Working Group considers that these convictions should be assessed against the backdrop of the current human rights and media freedom situation in Tajikistan – “a picture suggesting that these charges are trumped up and retaliatory in nature, aimed at silencing dissent and quashing human rights advocacy”, in particular in the context of the Gorno-Badakhshan Autonomous Province, and the broader context as reported among other things by the Special Rapporteur on the situation of human rights defenders, which indicates a pattern of repression in Tajikistan, where the crackdown on peaceful protests, independent media and human rights defenders has intensified
The Special Rapporteur on the situation of human rights defenders is seeking input for her upcoming report to the Human Rights Council, which will focus on human rights defenders working in remote and rural areas. The report, to be presented in March 2025, will explore the unique challenges faced by these human rights defenders, such as geographic isolation, limited access to resources, and lack of meaningful consultation. Despite these challenges, human rights defenders in these regions play a critical role in defending human rights, maintaining public institutions, and ensuring the rule of law.
This call for input invites contributions from a range of stakeholders, including States, businesses, civil society organizations, and human rights defenders themselves. The aim is to assess the nature of threats, obstacles, and opportunities for human rights defenders in these remote regions. Submissions should focus on topics like gender-specific challenges, protection strategies, successes achieved, and examples of good practices. These inputs will help shape practical recommendations on improving safety, access to resources, and support for defenders in rural areas.
The collected inputs will inform the report and be published on the OHCHR website to foster dialogue and improve protection measures for human rights defenders in these challenging environments.
The Zimbabwean authorities must immediately release human rights defenders who have been arbitrarily detained for over two weeks and drop charges against them, independent human rights experts said on15 August 2024.
Woman human rights defender Namatai Kwekweza, teacher and labour rights defender Robson Chere, the Secretary-General of Amalgamated Rural Teachers Union of Zimbabwe (ARTUZ), along with local councilor for Harare Ward 5, Samuel Gwenzi, were forcibly removed from a departing flight at Harare Airport on 31 July 2024. Unidentified men escorted the three to a high security zone within the airport and held them incommunicado for eight hours. During this time, the three were reportedly subjected to enforced disappearance, torture and other cruel, inhuman or degrading treatment or punishment, including waterboarding. Additionally, they were severely threatened against protesting in advance of or during the Southern African Development Community (SADC) summit scheduled for 17 to 19 August 2024 in Harare.
“The enforced disappearance, incommunicado detention and torture, followed by the arbitrary detention of these human rights defenders is inexcusable, and not only violates international human rights law but also makes a mockery of the safeguards contained in Zimbabwe’s own Constitution,” the experts said.
The experts said, “These baseless charges are being used as a fig-leaf to target human rights defenders and opposition voices for calling for greater democracy, human rights and accountability in Zimbabwe. At a time when Zimbabwe is preparing to host the SADC summit, whose values include institutions that are “democratic, legitimate, and effective”, it is unconscionable that these human rights defenders working to strengthen such institutions remain arbitrarily detained.”
The release of the human rights defenders on bail has been opposed by the prosecutor and a further bail hearing has been scheduled for 16 August 2024. The experts have been in touch with the Government of Zimbabwe on the issue.
In response, Zimbabwean Government Spokesperson Ndavaningi Mangwana asserted on X (formerly Twitter) that Zimbabwe is a sovereign nation and will not tolerate interference in its internal affairs. Mangwana stated, “No country’s sovereignty can be compromised! The rule of law must be upheld within each nation’s borders. Even the United Nations Human Rights Council cannot interfere with the implementation of a country’s laws. Respect for sovereignty is paramount!”
UN experts called on the Tunisian authorities to respect the right to judicial guarantees and judicial protection of Sihem Bensedrine, who was arrested on 1 August 2024.
“In a context marked by the suppression of numerous dissenting voices, the arrest of Ms Bensedrine raises serious concerns about the respect of the right to freedom of opinion and expression in Tunisia and has a chilling effect on journalists, human rights defenders and civil society in general,” the experts said.
Bensedrine is the former President of the Truth and Dignity Commission (TVD) which documented the crimes committed under previous regimes, and a journalist who has long denounced human rights violations in the country.
Since 2021, she has been involved in a judicial investigation into the alleged falsification of a chapter in the TVD´s final report regarding corruption in the banking system. The independent human rights experts have already held discussions with the Tunisian government concerning this investigation.
“This arrest could amount to judicial harassment of Ms Bensedrine for work she has undertaken as President of the Truth and Dignity Commission,” the experts said. “It appears to be aimed at discrediting information contained in the Commission’s report, which could give rise to legal proceedings against alleged perpetrators of corruption under the previous regimes.”
The Special Rapporteurs urged Tunisia to uphold its obligation to protect members of commissions of enquiry into gross human rights violations from defamation and civil or criminal proceedings brought against them because of their work, or the content of their reports.
“We call for strict respect for Ms Bensedrine’s right to judicial guarantees, including the right to a fair trial by due process, impartiality and independence, and for an end to abusive proceedings and reprisals against her.”
States have an obligation to pay UN membership dues in full and in time. The failure of many States to do so, often for politically motivated reasons, is causing a financial liquidity crisis, meaning that resolutions and mandates of the Human Rights Council cannot be implemented. This is a breach of legal obligations, a betrayal of victims and survivors of violations and abuses, and a waste of the time and resources we have collectively invested over the last 4 weeks. The cuts to Special Procedures’ activities, including fewer country visits and the cancellation of the annual meeting, greatly limit rights holders’ ability to engage with mandate holders and it hinders their access to situations on the ground, and their engagement with domestic authorities for human rights change. Pay your dues!
We deplore the double standards in applying international law and the failure of certain States to push for accountability and ending impunity for all atrocity crimes, when these involve geopolitical interests, despite the clear relevance to thematic principles they endorse. We also deplore initiatives and threats by some States to undermine or sanction the vital work of international justice and accountability bodies, including the International Court of Justice and the International Criminal Court. This undermines the integrity of the framework, the legitimacy of this institution, and the credibility of those States. From Afghanistan to China, to Eritrea to Myanmar, to Palestine to Sri Lanka, to Sudan to Ukraine, resolving grave violations requires States to address root causes, applying human rights norms in a principled and consistent way. States promoting or supporting thematic resolutions must apply these same principles universally, including in their approach to country-specific issues. The Council has a prevention mandate and States have a legal and moral duty to prevent and ensure accountability and non-recurrence for atrocity crimes, wherever they occur. We urge all States to implement resolutions consistently, both nationally and internationally, and to align their actions with the universal human rights standards they claim to uphold, especially in responding to atrocity crimes. We urge States to enhance objective criteria for action, with predictable parameters, consistent actions and a demonstrable way forward to addressing human rights crises.
We welcome the renewal of the mandate of the Expert Mechanism to Advance Racial Justice and Equality in the Context of Law Enforcement (EMLER) by consensus. We welcome the resolution’s request to strengthen the administrative and substantive support to the Mechanism, and to provide the resources necessary for it to effectively fulfill its mandate. This renewal is a recognition of the value of its unique work over the past three years, as well as the need for experts to continue investigating States’ law enforcement practices and their impact on Africans and Afrodescendant people and communities, including the legacies of colonialism and transatlantic slave trade in enslaved Africans. As recognised by the resolution, systemic racism particularly, against Africans and people of African descent needs a systemic response. In this regard, EMLER’s reports offer a powerful tool for much-needed transformation that governments everywhere should implement. We urge States to ensure full cooperation with EMLER towards the effective fulfillment of its mandate, including by implementing its recommendations and responding promptly to its requests for information and country visits.
This session was again marked by increasing attempts at retrogression on well-established human rights standards pertaining to sexual and reproductive rights and other thematic issues related to gender and sexuality. Nevertheless, civil society organisations continue to work together across movements to ensure the resilience of the multilateral system and the upholding of human rights standards. Out of the 26 draft resolutions presented this session, 5 had a stronger focus on gender and sexuality issues and took important steps in developing human rights standards in these areas. Specifically, we welcome the adoption of the resolution on HIV, the resumption of the tradition of adopting this resolution by consensus and the inclusion of a reference to sexual and reproductive health and rights. We welcome the adoption of the resolution on the Elimination of all forms of discrimination against women and girls requesting human rights-based, gender-responsive and intersectional approaches to poverty reduction; while also expressing concern at the multiple attempts to weaken the resolution which the strongest human rights standards on women and girls are reflected, including through amendments. We also welcome the new resolution on Technology-facilitated gender-based violence, the procedural resolution on Accelerating progress towards preventing adolescent girls’ pregnancy and the resolution on menstrual hygiene management, human rights and gender equality.
We welcome the adoption of the resolution on Eritrea, renewing the Special Rapporteur’s mandate.
The resolution on the situation of Rohingya Muslims and other minorities is essential to keep the situation of Rohingya high on the agenda of the Council. However, the resolution’s calls for repatriation of Rohingya refugees to Myanmar in the current context where remaining Rohingya in Myanmar are once again confronting the dire prospects of recurrence of grave atrocities they faced in 2016 and 2017 contradict and undermine the fundamental objectives of the resolution to ensure protection of Rohingya and to create conditions for their safe, voluntary, dignified and sustainable return.
We welcome that the Council decided to devote its annual resolution on climate change and human rights to address just transition. However, we regret that some fundamental points are missing in the resolution. The recognition of the right to a clean, healthy and sustainable environment by the Human Rights Council (res 48/13) and the General Assembly (res 76/300) has been a landmark achievement. Yet, we regret to see that once again, the resolution on human rights and climate change has failed to include this right more explicitly. Parties to the UNFCCC have already acknowledged that when taking action on climate change, States should respect, promote and consider the right to a clean, healthy and sustainable environment, among other rights (decision 1/CP.27). This resolution also failed to call upon States to transition away from fossil fuels. As has been repeatedly stated by the UN Secretary General, the High Commissioner for Human Rights, and several Special Rapporteurs, fossil fuels are the root cause of the triple planetary crisis, and the main driver of climate change. Despite the support expressed by numerous delegations, this resolution is deliberately silent in recognizing the positive, important, legitimate and vital role that environmental human rights defenders play in the promotion and protection of human rights and the environment. As recognized by the HRC resolution 40/11, EHRDs are one of the most exposed and at risk around the world. Many of these attacks include Indigenous Peoples and defenders raising concerns about climate related projects, transition minerals mining and renewal projects. We will not have a just transition in the context of climate change without listening and consulting EHRDs. It is time that the annual resolutions on human rights and climate change align itself to the recent developments and strongly reaffirm a commitment to effective, rights- and science-based climate action.
We welcome the Council’s continued efforts to address the human rights impacts of arms, including by highlighting human rights obligations of States and responsibilities of the arms industry and other businesses contributing to its operations. The adoption of the resolution on human rights and the civilian acquisition, possession and use of firearms is another significant contribution to these efforts. The OHCHR report requested by the resolution, —which will explore the root causes and risk factors of firearms-related violence and its impact on the enjoyment of the right to participation, particularly of individuals in vulnerable or marginalised situations, — presents a key opportunity to highlight critical concerns surrounding civilian firearms and their broader human rights impacts and to promote an effective response to these concerns.
We welcome a new resolution on freedom of opinion and expression, which rightly highlights how this right is an enabler for all other human rights and sustainable development. Among other key issues, the resolution has been updated to express concern at the growing trend of strategic lawsuits against public participation and calls on governments to adopt and implement measures to discourage such legal harassment. In this vein, it mandates a report and expert workshop to explore the impact of strategic lawsuits against public participation. We urge all States committed to freedom of opinion and expression to co-sponsor and fully implement the commitments of the resolution.
We welcome the adoption of the resolution on Independence and Impartiality of Judges and Independence of Lawyers, focusing on the use of Digital Technologies, including Artificial Intelligence. We welcome the inclusion of language addressing serious concerns relating to the potential negative impact on international fair trial standards, including equality of arms, confidentiality and the protection of legal professions, as well as risks connected to judicial independence and impartiality, the perpetration of existing stereotypes, discrimination or harmful biases. We also welcome the emphasis on the need to always ensure human oversight, scrutiny and accountability with respect to the use of artificial intelligence in the administration of justice.
We continue to deplore this Council’s exceptionalism towards serious human rights violations committed by the Chinese government. Despite China’s efforts to instrumentalise allied countries and GONGOs to portray itself as a constructive actor during its UPR adoption, NGO statements pointed to evidence of Beijing’s lack of willingness to engage in good faith with the UN system, including: a 30% rejection rate higher than its last UPR, acts of reprisals against civil society committed during the UPR cycle, disregard for calls from Western and Global South States to implement Treaty Body recommendations and to provide unfettered access to UN experts. We urge China to genuinely engage with the UN human rights system to enact meaningful reform, and ensure all individuals and peoples enjoy internationally protected human rights. Recommendations from the OHCHR Xinjiang report, UN Treaty Bodies, and UN Special Procedures chart the way for this desperately needed change. In the absence of genuine efforts, it is equally imperative that this Council establishes a monitoring and reporting mechanism on China as repeatedly urged by over 40 UN experts since 2020.
We regret that the Council failed to uphold its obligations to the Libyan people. We are concerned that the resolution on Libya falls short in addressing the urgent need to end impunity for widespread and serious human rights abuses across the country. It ignores the findings of the Independent Fact-Finding Mission on Libya, which documented likely war crimes and crimes against humanity perpetrated by State security forces and armed militia groups, and recommended the creation of an independent international investigation mechanism. Moreover, the resolution overlooks the inability of OHCHR and UNSMIL to conduct capacity-building activities in much of Libya due to threats of violence and governmental non-cooperation. Additionally, it neglects the severe suppression of civil society through arbitrary arrests, enforced disappearances, abductions, social media monitoring, harassment, and other forms of intimidation.
We regret that the Council failed to adequately respond to the situation in Saudi Arabia. Saudi Arabia is not fit to sit at the Human Rights Council, as it is responsible for the commission of atrocity crimes, a pattern of reprisals against those who cooperate with the UN, and the repression of civil society. The human rights situation in the country is dire, with the criminalisation of women human rights defenders, arbitrary detention and the application of the death penalty, among other abuses. We call on all UN States at the General Assembly not to vote for Saudi Arabia in the upcoming HRC elections.
We regret that once more, civil society representatives faced numerous obstacles to accessing the Palais and engaging in discussions during this session, as well as continuing and worsening incidents of reprisals and transnational repression here in Geneva against those seeking to cooperate with the Council. We are concerned by the barriers imposed to access room XX and that the majority of informal consultations on resolutions were held exclusively in person. We remind UN member States, as well as UNOG, that the Council’s mandate, as set out in HRC Res 5/1, requires that arrangements be made, and practices observed to ensure ‘the most effective contribution’ of NGOs. We reiterate that an inclusive approach to participation requires that the UN addresses the limited space for civil society engagement. Undermining civil society access and participation not only undermines the capacities and effectiveness of civil society but also of the Council itself.
Signatories:
Asian Forum for Human Rights and Development (FORUM-ASIA)
Cairo Institute for Human Rights Studies (CIHRS)
CIVICUS
Egyptian Initiative for Personal Right (EIPR)
FIDH
GIN SSOGIE – The Global Interfaith Network For People of All Sexes, Sexual Orientations, Gender Identities and Expressions
Right Livelihood’s advocacy team delivered a statement at the 56th session of the UN Human Rights Council in Geneva calling for Member States to stop retaliating against environmental defenders. The statement highlighted the struggles of Right Livelihood Laureates from Cambodia, Kenya and Nicaragua, where activists leading the fight against climate change face unlawful arrests, armed attacks and police violence, among other forms of oppression, for their peaceful activities.
Right Livelihood Laureates from Cambodia, Nicaragua and Kenya who are leading the fight against climate change are being attacked by their governments, a concerning trend Right Livelihood says the Council has a responsibility to reverse.
Addressing the Special Rapporteur on the protection and promotion of human rights in the context of climate change, Right Livelihood asked, “How can the Council better address reprisals against environmental defenders playing a key role in the fight against climate change?”
Similarly, in Kenya, Laureate Phyllis Omido and her organisation the Center for Justice Governance and Environmental Action have been targeted by the government for organising against business interests that jeopardise the environment.
In May, Omido and local community leaders came under threat when police brutalised protestors for opposing a nuclear project in a biodiverse area between the Watamu National Marine Park and the Arabuko Sokoke Forest. Police fired 137 live rounds and 70 tear gas canisters.
“Investigations into such crimes are rare, and those speaking out face severe reprisals,” we told the Council.
Wefinished our statement by highlighting the situation in Nicaragua, where Indigenous communities protecting their land are attacked, forcefully displaced and killed by illegal settlers involved in mining and cattle trading.
4 July 202: China’s government accepted – wholly or partially – 298 of the 428 (70%) recommendations the country received from UN member states during its fourth UPR on 23 January 2024. This represents a 12% drop in the proportion of recommendations the government accepted compared to the previous UPR in 2018.
In a worrying sign of the government’s outright refusal to heed the mounting international concern over key human rights issues, of the 130 recommendations Beijing did not accept, an unprecedented number – 98 – were categorised as “rejected” and 32 were “noted.
China’s government used the United Nations (UN)-backed review of its human rights record to rebuff international concern over serious abuses, issue blanket denials, and make blatantly false statements, the International Federation for Human Rights (FIDH), Human Rights in China (HRIC), the International Campaign for Tibet (ICT), the Taiwan Association for Human Rights (TAHR), and the Database Center for North Korean Human Rights (NKDB) said after the adoption of the outcome of China’s Universal Periodic Review (UPR) in Geneva, Switzerland.
Despite well-documented evidence to the contrary, the government claimed that many of the recommendations it accepted were being implemented or had already been implemented. Such was the case regarding the accepted recommendations related to human rights in Hong Kong, Tibet, and Xinjiang, and the situation of human rights defenders, lawyers, civil society, media, and journalists. The government also made the false claim that it protected “freedom of speech, association and assembly” and “the lawful rights of all citizens as equals“.
FIDH, HRIC, ICT, TAHR, and NKDB urge China’s government to reverse course and use the fourth UPR to address the concerns voiced by numerous UN member states without delay by implementing all the recommendations that are consistent with its obligations under international human rights law.
Below is an analysis of the government’s response to the UPR recommendations on selected human rights issues.
Human rights situation in Hong Kong, Tibet, and Xinjiang
The government received 57 recommendations on human right issues in Hong Kong, Tibet, and Xinjiang and accepted only 19 (33%) of them. With regard to Hong Kong, the rejected recommendations were overwhelmingly related to the National Security Law and its negative impacts. Rejected recommendations concerning the situation of the Uyghurs in Xinjiang included those that called for the implementation of the 2022 UN Office of the High Commissioner for Human Rights (OHCHR) assessment on Xinjiang which China’s government called “illegal“. China rejected 70% of the unprecedented number of Tibet-specific recommendations it received – notably the ones calling for an end of the boarding school system for Tibetan children – often claiming they were based on “false information” despite many verified reports, including by UN experts. Other recommendations concerning the respect of cultural and religious rights in Tibet were listed as “accepted and already implemented” in a blunt misrepresentation of the reality on the ground. Many of the recommendations received by China’s government concerning the situation in Tibet echoed those contained in the joint submission made by FIDH and the International Campaign for Tibet (ICT) for China’s fourth UPR.
Human rights defenders, lawyers, and civil society
The government accepted only 10 of the 25 recommendations it received on human rights defenders, lawyers, and civil society. It rejected recommendations that called on China’s authorities to end the harassment and arbitrary detention of human rights defenders and lawyers and to cease the restrictions on civil society. A submission by HRIC highlights how online rights and internet freedoms in Hong Kong have significantly deteriorated in the post-COVID era, especially after the promulgation of the National Security Law, and that women have been disproportionately affected, as evidenced by the online gender-based violence they experienced.
Media and journalists
The government rejected 10 of the 14 recommendations it received concerning the protection of media and journalists, claiming the authorities protect the right to freedom of speech.
Death penalty
The government rejected all 20 recommendations it received concerning the death penalty. It stated that the death penalty “should be retained with its application strictly and prudently limited” – a statement that clashes with the reality of a country that has consistently ranked as the world’s most prolific executioner.
Hans Thoolen on Human Rights Defenders and their awards 