Archive for the 'Human Rights Council' Category
May 14, 2015
Zhu Junqing, writing in the Shanghai Daily of 13 May 2015, is the prime example of how distorted the Chinese government’s view of the international human rights regime is. Under the title: “U.S. needs to work on own human rights record first before blaming others“, the author quite rightly points to the UN Human Rights Council findings on 11 May and the comments by UN High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, which conclude that there a lot of human right problems remain unresolved in the USA (including excessive use of force by law enforcement agencies, racial, religious and sex discrimination, Guantanamo Bay detention, migrant rights, environmental issues and counterterrorism practices). Also he recalls correctly that the United States is one of the two countries in the world that have not ratified the UN Convention on the Rights of the Child, and is reluctant on other international instruments.
But then the article draws exactly the wrong conclusion. Instead of appreciating the UN’s courage to tackle a superpower, it call the USA the “ultimate human rights judge” (why??) and concludes that this “self-proclaimed human rights watchdog, needs to examine itself critically and improve its own human rights record before [!] blaming other countries for their violations”. Since “no country is perfect in its human rights record,” as Chinese Foreign Ministry Spokesperson Hua Chunying put it, “any country with human rights defects should work hard to resolve its own problems and improve its own human rights record before casting the first stone”.
Yep, that it the solution! Nobody criticizes anybody and we are all happy. The more obvious and consistent solution does not even get mentioned: IF the USA can be criticized, WHY is China so fearful and retaliates regularly against human rights defenders? [e.g. https://thoolen.wordpress.com/2014/03/20/china-in-the-un-human-rights-council-manages-to-silence-cao-shunli-as-well-as-ngos/ ].
China’s own extraordinary sensitivity to ‘interference’ of any level into what it considers its domestic affairs is well-known. I touched upon this ‘hot’ topic’ in my own 2011 article “The international human rights movement: not perfect, but a lot better than many governments think” in the book ‘NGOs in China and Europe’ (exceptionally also published in Chinese!): Yuwen Li (ed), Ashgate, 2011, pp 287-304 (ISBN: 978-1-4094-1959-4).
Commentary: U.S. needs to work on own human rights record first before blaming others | Shanghai Daily.
Posted in human rights, Human Rights Council, Human Rights Defenders, OHCHR, UN | 1 Comment »
Tags: Cao Shunli, China, diplomacy, Hans Thoolen, Human Rights Defenders, human rights violations, interference in internal affairs, international human rights instruments, NGOs in China and Europe, retaliation, Shanghai Daily, UN, UPR, USA, Zeid Ra'ad Al Hussein, Zhu Junqing
April 7, 2015
For those (few, I hope) who do not regularly read the Human Rights Monitor of the ISHR, here is a wrap-up of the 28th session of the Human Rights Council in relation to human rights defenders:
5 Resolutions adopted: Read the rest of this entry »
Posted in human rights, Human Rights Council, Human Rights Defenders, ISHR, OHCHR, UN | Leave a Comment »
Tags: albinism, Burma, counter-terrorism, Democratic People’s Republic of Korea, Human Rights Defenders, Iran, ISHR, Mali, mandate holders, Myanmar, Resolution, right to privacy, rule of law, special rapporteurs, Syria, UN Human Rights Council
March 23, 2015
During the adoption of the Universal Periodic Review (UPR) report on Egypt in the UN Human Rights Council on 20 March 2015 the Women Human Rights Defenders International Coalition (for the composition see below), made a forceful statement about the terrible situation of women human rights defenders in that country.
“The systematic judicial harassment faced by many women human rights defenders is highlighted through the emblematic case of the seven women defenders2 arrested on 21 June 2014 for protesting peacefully against the Protest and Public Assembly Law (No. 107), who faced arduous hassles including prolonged pre-trial detention. Their sentence was finally reduced to two years of imprisonment and two years of surveillance by the appeals court in December 2014. [The seven are: Ms. Sanaa Seif, Ms. Yara Sallam, Ms. Hanan Mustafa Mohamed, Ms. Salwa Mihriz, Ms. Samar Ibrahim, Ms. Nahid Bebo and Rania El-Sheikh]
Furthermore, we strongly condemn the killing of Shaimaa ElSabbagh during a peaceful protest on 24 January 2015. She was taking part in a gathering to commemorate the fourth anniversary of the 25 January revolution. We call on the Egyptian government to ensure a prompt, independent and effective investigation to identify the perpetrator and hold them to account. In this connection, we are deeply concerned that Azza Soliman from the Centre for Egyptian Women’s Legal Assistance (CEWLA), who was witness to the incident and testified before the Prosecutor’s Office, is now targeted as a suspect and charges have been brought against her under the public assembly law.
Finally, we express our continued dismay over sexual violence against women in online and offline public spaces. Though a national strategy to combat violence against women has been announced, we emphasise the need for it to be comprehensive and holistic with involvement of all relevant ministries and stakeholders, as well as adequate budget allocation. During the UPR, the government highlighted a new amendment to the Penal Code article 306, which addresses sexual harassment. This amendment is far insufficient in its scope as it only considers sexual harassment a crime if the intent of the perpetrator is proven to be related to obtaining sexual benefits…”
The Coalition members: Amnesty International, Asia Pacific Forum on Women, Law and Development (APWLD), Asian Forum for Human Rights and Development (FORUM-ASIA), Association for Progressive Communications (APC), Association for Women’s Rights in Development (AWID), BAOBAB for Women’s Human Rights, Centre for Reproductive Rights, Centre for Women’s Global Leadership, Coalition of African Lesbians, Front Line Defenders, Human Rights First, Information Monitor (INFORM), International Federation for Human Rights, International Service for Human Rights (ISHR), International Women’s Rights Action Watch Asia-Pacific (IWRAW-AP), Isis International, ISIS Women’s International Cross- Cultural Exchange, Just Associates (JASS), The Latin American and Caribbean Committee for the Defense of Women’s Rights (CLADEM), MADRE, Nazra for Feminist Studies, Peace Brigades International, Rainbow Rights Project Inc, Urgent Action Fund for Women’s Human Rights, Women Living Under Muslim Laws (WLUML), Women’s Global Network for Reproductive Rights, WOmen’s Initiatives for Gender Justice, Women’s Rehabilitation Centre (WOREC), World Organisation against Torture (OMCT).
Posted in AI, FIDH, Front Line, HRF, HRW, human rights, Human Rights Council, Human Rights Defenders, ICJ, ISHR, OMCT | 2 Comments »
Tags: APC, Azza Soliman, Centre for Egyptian Women’s Legal Assistance (CEWLA), detention, Egypt, freedom to demonstrate, Human Rights Defenders, ISHR, Sanaa Seif, Sannn, Shaimaa ElSabbagh, UN Human Rights Council, UPR, Violence against women, women human rights defenders, Women Human Rights Defenders International Coalition
March 19, 2015
Special Rapporteur on the human rights situation in Myanmar Yanghee Lee. UN Photo/Jean-Marc Ferré
On 18 March 2015 the United Nations Special Rapporteur on the human rights situation in Myanmar (Burma), Ms. Yanghee Lee, called on the country’s authorities to address ongoing challenges to the democratic reform process “before they undermine the success achieved so far.”
“I was very disturbed by reports on 10 March that excessive and disproportionate force had been used against students and other civilians and that 127 people were subsequently arrested,” Ms. Yanghee Lee said during the presentation of her first report to the UN Human Rights Council in Geneva. She welcomed the release of some detainees but also called for the immediate release of all the others. Further, Ms. Lee drew attention to the pressure on human rights defenders, including prosecutions under outdated defamation and national security laws, which have a “chilling effect on civil society activities.” “I am concerned journalists are still being interrogated and arrested, and that 10 journalists were imprisoned in 2014. This needs to stop if Myanmar wants to create a meaningful democratic space,.
..More needs to be done to address the underlying issues at the heart of the conflicts, including discrimination against ethnic minorities. Four bills currently before Parliament risk increasing tension, she emphasized.
“During my last visit in January 2015, I witnessed how dire the situation has remained in Rakhine state. The conditions in Muslim IDP [internally displaced persons] camps are abysmal and I received heart-breaking testimonies from Rohingya people telling me they had only two options: stay and die or leave by boat,” she said. Mrs Lee was verbally abused by a radical monk during her last visit, as reported on 21 January: https://thoolen.wordpress.com/2015/01/21/u-n-rapporteur-on-myanmar-called-whore-by-radical-buddhist-monk/
Read the rest of this entry »
Posted in human rights, Human Rights Council, Human Rights Defenders, UN | 2 Comments »
Tags: Aliran, Brang Shawng, Burma, Fortify Rights (NGO), Human Rights Defenders, impunity, Matthew Smith, military, minorities, Myanmar, non-discrimination, perpetrators, rape, UN, UN Special Rapporteur, Yanghee Lee
March 17, 2015
I was in Geneva last week where a number of interesting meetings took place. One of the side events I attended (a picture went out on Twitter), concerned the crucial issue of “ Human rights defenders and national security”, on 9 March organized by a group of NGOs (International Service for Human Rights, Article 19, the International Federation for Human Rights (FIDH), Human Rights House Foundation, the International Commission of Jurists and the World Organisation Against Torture).
The panel was moderated by ISHR Director Phil Lynch, and had a very knowledgeable speakers such as Michel Forst, Special Rapporteur on Human Rights Defenders; Hina Jilani, Pakistani human rights lawyer and former Special Representative on Human Rights Defenders; Jimena Reyes, Director of the Americas Desk at FIDH; Roselyn Hanzi from Zimbabwe Lawyers for Human Rights; Gerald Staberock, Director of the World Organisation against Torture (OMCT); and Tanele Maseko, human rights defender from Swaziland.
A short report below:
Restrictions on human rights defenders
Phil Lynch opened the discussion by referring to unequivocal examples of restrictions imposed on human rights defenders by the operation of counter-terrorism laws, with examples cited including the recent amendments to the Australian Security Intelligence Organisation Act in Australia which criminalises the disclosure of information about ‘special intelligence operations’, even where such disclosures expose or relate to serious human rights abuses; draft legislation in China which vaguely defines ‘terrorism’ to include ‘thought, speech or behavior’ that is ‘subversive’ or seeks to ‘influence national policy making’, and Law 8/2015, passed recently in Egypt, which allows individuals and associations which ‘infringe public order’ or ‘harm national unity or national security’ to be designated as terrorists. Concern was also expressed that renewed US efforts to combat extremism do not contain adequate human rights safeguards and that the imperative to counter-terrorism is being used as a subterfuge by regimes in allied States – such as Bahrain, China, Egypt and Saudi Arabia – to further restrict and repress civil society.
Panelists built on these examples throughout the discussion, referring to significant limitations on, and prosecution of, human rights defenders under the guise of national security in their regions, including the prosecution of indigenous activists campaigning against major development projects in Chile under the Anti-Terrorist Act; human rights defenders being spied on by intelligence authorities in Cuba which consequently contributed to their murder; human rights defenders in Zimbabwe being charged for allegedly participating in a disruptive demonstration, or under the Official Secrets Act which forbids the release of information, even if that information regards human rights violations; and human rights defenders being imprisoned and labelled terrorists for voicing disagreement with the government in Swaziland. Members of the audience provided further examples, including defenders in South Korea being charged under a law that prohibits support for North Korea.
Legislation protecting the rights of defenders
‘A schizophrenia currently exists in many countries where authorities laud their own human rights mechanisms in the international sphere and then actively criminalise the activities of human rights defenders at home,’ said Hina Jilani. It is essential that along with a national law for the protection of human rights defenders, counter terrorism laws do not impose restrictions on those protections.
‘Counter terrorism laws should be developed in a manner that fights terrorism, while at the same time, respecting the legitimate work of human rights defenders,’ said Gerald Staberock of OMCT.
The panelists also stressed the importance of ensuring the rights of human rights defenders are not constrained under other laws, such as laws prohibiting criticism of the head of state, emir or the army.
Independence of the judiciary and the military
The discussion also highlighted the necessity to ensure the independence of the judiciary. In this regard, Jimene Reyes of FIDH referred to the use of the judicial system in Cuba as an ‘instrument of uncritical oppression’. Members of the audience identified the importance that the judiciary, as well as the executive, must be able to recognise and respect the legitimate activities of human rights defenders.
Similarly the importance of the separation between the State and the military was emphasised. Ms Reyes stressed the risk for human rights defenders if they are ‘considered by the military to be the enemy’.
Importance of civil society participation
While there is a clear trend of governments using counter-terrorism legislation to conflate the legitimate activities of human rights defenders with actions that threaten national security, the panelists were in clear consensus that human rights defenders and a strong and healthy civil society is essential to the stability of the State and good governance.
‘The work of human rights defenders and other civil society actors is crucial to address inequality and to promote good governance, accountability and inclusive development, all of which contribute to national security,’ said Phil Lynch of ISHR. ‘However, to ensure this is possible, it is essential to raise national and international awareness of the pitfalls of counter-terrorism legislation and the importance of civil society participation’.
The event concluded with a reflection of the need to counter the ‘rhetoric of fear’ and firmly establish that ‘the rights to peaceful assembly and of association do not encourage extremism, chaos, or violence but are, in fact, the best antidotes we have against all of these ills’.
Myself and others brought up the need to fight back in the public domain and the media against campaign to delegitimize the work of human rights defenders and show more the positive contribution their legitimate work brings to society.
[The high-level segment of the Council session has called on all States to fully implement Human Rights Council Resolution 22/6, which was led by Norway and adopted by consensus in March 2013. It urges States to ensure that ‘measures to combat terrorism and preserve national security … do not hinder the work and safety’ of human rights defenders.]
National security: Counter-terrorism laws must not criminalise human rights defenders | ISHR.
Posted in FIDH, human rights, Human Rights Council, Human Rights Defenders, ICJ, ISHR, OMCT | Leave a Comment »
Tags: anti terrorism legislation, counter-terrorism, criminalisation, Gerald Staberock, Hina Jilani, Human Rights Defenders, International Service for Human Rights, Jimena Reyes, Maseko, Michel Forst, National security, Phil Lynch, Reprisal, Roselyn Hanzi, side event, UN Human Rights Council
March 11, 2015
In his report, the Special Rapporteur on the situation of human rights defenders, Michel Forst, [presented to the 28th Session of the UN Human Rights Council on 9 March 2015 and published earlier as A/HRC/28/63] underscores that violations of freedom of expression are a central feature of attacks against human rights defenders.
As well as outlining his recent activities, the report sets out a clear and comprehensive “road map” for the issues the mandate will address during his tenure based on extensive consultations. In this regard, Michel Forst emphasises that he will interpret his mandate as broadly as possible, and identifies nine key themes he will address through his work. On this basis, he calls on all States to, inter alia:
- Combat impunity for threats and violations aimed at human rights defenders;
- Repeal laws criminalising the work of human rights defenders;
- Pay particular attention to defenders “most exposed” to risk;
- Cooperate with the mandate, including by responding satisfactorily to communications, and extending open invitations for country visits.
- The Special Rapporteur expresses serious concerns regarding reprisals against defenders engaging with international human rights mechanisms. [E.g. of 34 defenders recently convicted or imprisoned in Azerbaijan as part of a broad campaign to suppress dissenting voices, NGOs such as Article 19 have noted that several have been targeted for their engagement with the Council of Europe and European Court of Human Rights. Ten NGOs have jointly called upon the Human Rights Council to address Azerbaijan under Item 4 of the Council’s agenda.]
via UNHRC: UN Special Rapporteur on Human Rights Defenders urges… · Article 19.
Posted in human rights, Human Rights Council, Human Rights Defenders, OHCHR, UN | 1 Comment »
Tags: Azerbaijan, Human Rights Defenders, impunity, Michel Forst, report, reprisals, Special Rapporteur, Special Rapporteur on Human Rights Defenders, UN Human Rights Council
March 5, 2015
High Commissioner for Human Rights Zeid Ra’ad Al Hussein. UN Photo/Jean-Marc Ferré
On 5 March 2015 the United Nations High Commissioner for Human Rights urged Member States to uphold the human rights principles underlying their communities in their fight against radicalism.
Speaking to the UN Human Rights Council earlier he warned of the “real danger” that opinion-leaders and decision-makers would “lose their grasp” of the values that States built 70 years ago “to ward off the horror of war.”
“The fight against terror is a struggle to uphold the values of democracy and human rights – not undermine them,” Mr. Zeid declared. “Counter-terrorist operations that are non-specific, disproportionate, brutal and inadequately supervised violate the very norms that we seek to defend. They also risk handing the terrorists a propaganda tool – thus making our societies neither free nor safe.”
At the same time, the UN human rights chief said he was “appalled” by the “rising tide of attacks” around the world targeting people on account of their beliefs. Such “horrific acts of racial and religious hatred,” he said, spanned countries in Western Europe and North America, where “unfair policing, daily insults, and exclusion” affected large swathes of the population. Meanwhile, he added, “the tentacles of the extremist takfiri movement” – an ideology where one believer apostasies another and then condemns them as impure – had reached into a wide range of countries, from Iraq and Syria to Nigeria, Yemen, Libya and Somalia.
Against that backdrop, Mr. Zeid voiced deep concern at the tendency of States to clamp down on the most basic of human rights, including the adoption of measures that restrict freedom of expression and democratic space.
“When powerful leaders feel threatened by a tweet, a blog, or a high-school student’s speech, this speaks of profound underlying weakness,” he continued. “And when writers are abducted, jailed, whipped, or put to death; when journalists are assaulted, subjected to sexual violence, tortured and killed; when peaceful protestors are gunned down by thugs; when human rights lawyers, human rights defenders and land activists are arrested and jailed on spurious charges of sedition; when newspapers are attacked or shut down – such cases attack and undermine the foundations of stable governance.”
“It is the people who sustain government, create prosperity, heal and educate others and pay for governmental and other services with their labour,” Mr. Zeid concluded. “It is their struggles that have created and sustain States. Governments exist to serve the people – not the other way round.”
United Nations News Centre – Member States must enforce human rights amid rising tide of extremism – UN rights chief.
Posted in human rights, Human Rights Council, Human Rights Defenders, OHCHR, UN | Leave a Comment »
Tags: anti-terrorist laws, freedom of expression, freedom of religion, human rights, Human Rights Defenders, Prince Zeid Raad Zeid al-Hussein, reprisals, speech, Takfiri, UN, UN High Commissioner for Human Rights, UN Human Rights Council
February 10, 2015
The Office of the UN High Commissioner for Human Rights [OHCHR] published today (10 February) a report, which will be formally presented to the Human Rights Council only in March, describing the situation of human rights in Libya during 2014. It paints a bleak picture of increasing turmoil and lawlessness, fanned by a multitude of heavily armed groups amid a broadening political crisis. Rampant violence and fighting, including in the country’s two biggest cities, Tripoli and Benghazi, as well as many other cities and towns across the country, is badly affecting civilians in general and particularly cases of harassment, intimidation, torture, numerous abductions, and summary executions of human rights defenders, civil society activists, journalists and other media professionals, as well as members of the judiciary, politicians and law enforcement officers.
The report, produced in conjunction with the UN Support Mission in Libya (UNSMIL), also describes numerous incidents of violence against women over the past year, including reports of threats, attacks and killings of female human rights defenders, politicians and other women in public positions. Minority groups, including Egyptian Coptic Christians, have also been increasingly targeted. The report also highlights the extremely vulnerable situation of migrants.
Thousands of people remain in detention – mostly under the effective control of armed groups – with no means of challenging their situation as prosecutors and judges are unable or unwilling to confront the armed groups. UN human rights staff have received reports of torture or other ill-treatment in many places of detention. The deteriorating security environment has impacted heavily on the justice system, which is no longer functioning in parts of the country. Prosecutors and judges have frequently been subjected to intimidation and attacks, in the form of court bombings, physical assaults, abduction of individuals or family members and unlawful killings.
The report highlights the need to strengthen State institutions, ensure accountability for human rights violations and support the ongoing political dialogue.
The full report can be found here: http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session28/Documents/A_HRC_28_51_ENG.doc
via: OHCHR PRESS BRIEFING NOTES – (1) Libya, (2) Malaysia, (3) Thailand, (4) Venezuela – Press releases – News – StarAfrica.com.
Posted in human rights, Human Rights Council, Human Rights Defenders, OHCHR, UN | Leave a Comment »
Tags: armed groups, Failed state, harassment, Human Rights Council, Human Rights Defenders, killings, lawlessness, Libya, Office of the High Commissioner for Human Rights, OHCHR, paramilitary, report, UN, UNSMIL, women human rights defenders
January 15, 2015
UN Rapporteur Surya P. Subedi will carry out an official visit to Cambodia from 17 to 25 January 2014. This is Mr. Subedi’s last mission in his capacity as the Special Rapporteur on the situation of human rights in Cambodia as appointed by the UN Human Rights Council. He is expected to meet with the Prime Minister and other senior members of the Government as well as human rights defenders, representatives from civil society organisations and communities as well as the UN Country Team and the donor community.
Since his appointment as Special Rapporteur in March 2009, Mr. Subedi has made eleven visits to Cambodia and has presented seven reports to the UN Human Rights Council. He is completing his full term of six years in this position in March 2015 when a new mandate holder will be appointed.
Final fact-finding mission to Cambodia | Scoop News.
For earlier posts on Cambodia: https://thoolen.wordpress.com/tag/cambodia/
The Special Rapporteur’s latest report to the Human Rights Council (A/HRC/24/36): http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session24/Pages/ListReports.aspx
Posted in human rights, Human Rights Council, Human Rights Defenders | Leave a Comment »
Tags: Cambodia, Civil society, fact finding, Human Rights Council, Human Rights Defenders, Surya P. Subedi, UN Human Rights Council, UN Special Rapporteur
December 24, 2014
Wouldn’t it be a truly nice Christmas gift if the Laos government would finally undertake a serious investigation into the disappearance of human rights defender Sombath Somphone, who was last seen in December 2012. That is what a group of United Nations independent experts urged today, 23 December 2014:
“It is high time for the authorities of the Lao People’s Democratic Republic to voluntarily request international assistance with the aim of shedding light on Mr. Somphone’s fate and whereabouts, two years after his disappearance,” the experts said in a news release. “International law makes clear that the Government of the Lao People’s Democratic Republic has the duty to carry out an independent, thorough, credible and effective investigation,” they added. [https://thoolen.wordpress.com/tag/sombath-somphone/]
(The situation of human rights in Laos is due to be assessed next month through the Universal Period Review process, which involves a review of the human rights records of all UN Member States. Under the auspices of the Human Rights Council, the process provides the opportunity for each State to declare what actions they have taken to improve their human rights situation.)
Along with Mr. Kiai, the experts speaking out on Laos today include the Special Rapporteur on the situation of human rights defenders, Michel Forst; and the Special Rapporteur on the promotion and the protection of the right to freedom of expression and opinion, David Kaye.
United Nations News Centre – Laos: UN experts appeal for help to probe two-year-old disappearance of rights defender.
Posted in human rights, Human Rights Council, Human Rights Defenders, UN | 2 Comments »
Tags: David Kaye, Forced disappearance, Human rights defender, investigation, Lao People’s Democratic Republic, Laos, Maina Kiai, Michel Forst, Sombath Somphone, UN, UN Special Rapporteur, UPR
Hans Thoolen on Human Rights Defenders and their awards 