On Tuesday, 5th March, 2pm – at the Palais des Nations, Room XXV- will take place the side event Resisting in Exile: Voice of Human Rights Defenders
“I do not like the idea of being a refugee. I do not want to leave the country because I wanted to make it better.” Human rights defender quoted by the Special Rapporteur on Human Rights Defenders in A/HRC/37/51.
In ‘People Power Under Attack’ (2022), CIVICUS reports that the number of countries where civic freedoms are being curtailed and civil society is under severe attack is increasing… In such contexts and under such pressure, defenders can see leaving the country as their only option. These defenders, along with defenders expelled by their home governments, face the huge challenges of short or protracted exile, including economic insecurity and ongoing threats. Defenders in exile question if and how they can continue human rights work from abroad and how those who remain deal with a fractured human rights community.
In this event the four organisers [Centre for Civil and Political Rights (CCPR-Centre), International Institute on Race, Equality and Human Rights, (Race and Equality), International Service for Human Rights (ISHR), and DefendDefenders] will bring the voices of human rights defenders from around the world to the Council so that States, UN experts and officials and civil society colleagues can hear their voices. What is the experience of being in exile like? What is the impact on individual work and that of the community of defenders? What demands do exile defenders make to the Council?
This event aims to raise greater awareness about the phenomenon of defenders in exile and encourage discussion and action on how to support these defenders. It is also aimed at looking at what is needed to prevent exile becoming some defenders’ only feasible option.
During this event, defenders in exile from will speak of the impact of their experience of exile on their own lives, those of their families, and their communities. They will highlight the specific needs defenders in exile have in terms of legal guarantees, and political and financial support and of their ongoing work to defend rights from exile.
Defenders in exile will also send in testimonies, to be shown in video form or read out by fellow defenders. We aim to fill the room with the voices of those in exile who cannot be in Geneva to participate directly.
Recall the recommendations made by the previous Special Rapporteur on Human Rights Defenders, Michel Forst, in his 2018 report to the Council (A/HRC/37/51), including in regard to the prohibition of non-refoulement to persecution, relocation schemes, and access to protection measures for defenders in exile.
The conversation will take place during the Council session when the Special Rapporteur on Human Rights Defenders will be presenting her report to the Council. We hope that the Special Rapporteur will be available to, highlight the need for greater attention to, and investment in the prevention of, the closure of civic space so as to forestall the need for defenders to leave the country.
At the 55th session of the Human Rights Council, Volker Türk – UN High Commissioner for Human Rights – made his overview statement on 4 march 2024. Here some highlights:
….Around the world, 55 conflicts are flaring. Widespread violations of international humanitarian and human rights law are generating devastating impact on millions of civilians. Displacement and humanitarian crises have already reached an unprecedented scale. And all of these conflicts have regional and global impact.
Overlapping emergencies make the spectre of spillover conflict very real. The war in Gaza has explosive impact across the Middle East. Conflicts in other regions – including in the Horn of Africa, Sudan and the Sahel – could also escalate sharply. Increasing militarisation on the Korean Peninsula raises threat levels. The deteriorating security c risis in the eastern provinces of the Democratic Republic of the Congo, which the Council will address on 3 April, is alarming. In the Red Sea, as well as the Black Sea, attacks are creating shock-waves for the global transport of goods, adding to the economic pain inflicted on less developed countries…..
In Latin America and the Caribbean, the prevalence and violence of gangs and organized crime have severe impact on the lives and rights of millions of people, including in Ecuador, Haiti, Honduras and Mexico. Punitive and militarized responses have in some cases led to grave human rights violations, potentially further fuelling violence. Only policies grounded in human rights can provide effective and sustainable solutions. Corruption, impunity, poor governance and the structural root causes of violence – such as discrimination and failure to uphold economic, social and cultural rights – must be tackled, with the full participation of civil society and affected communities. International cooperation needs to be enhanced, to address the illegal arms trade and ensure accountability for transnational crimes…
Fear is fragmenting societies across the world, unleashing fury and hatred. They are also fuelled by a winner-take-all attitude that frames elections as the spoils of conquest.
..Good governance requires constant oversight and accountability, via independent checks and balances to the exercise of power, meaning that it is strongly underpinned by the rule of law, including independent justice systems. Fundamental freedoms – the rights to freedom of opinion, expression, peaceful assembly and association – are also essential.
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I am profoundly concerned by the prospect of intense disinformation campaigns in the context of elections, fuelled by generative artificial intelligence. There is an acute need for robust regulatory frameworks to ensure responsible use of generative AI, and my Office is doing its utmost to advance them…
Autocracy and military coups are the negation of democracy. Every election – even an imperfect one – constitutes an effort to at least formally acknowledge the universal aspiratio n to democracy However, in a so-called ‘illiberal democracy’ – or, as the Prime Minister of Hungary referred to his country, an ‘illiberal State’ – the formal structure of election is maintained, civic freedoms are restricted, the media’s scrutiny of governance is eroded by installing government control over key media outlets, and independent oversight and justice institutions are deeply undermined, concentrating power in the executive branch.
It is important to recognise that in many cases, this year’s electoral processes will ensure a smooth transfer of power, free of hatred; and that the governance structures that result will broadly achieve their main function of representing the many voices of the people, and advancing their rights.
But in other cases, I have serious concerns about the human rights context in which several elections are taking place.
In the Russian Federation, the authorities have further intensified their repression of dissenting voices prior to this month’s Presidential election. Several candidates have been prevented from running, due to alleged administrative irregularities. The death in prison of opposition leader Alexei Navalny adds to my serious concerns about his persecution. Since the onset of Russia’s war on Ukraine, t housands of politicians, journalists, human rights defenders, lawyers and people who have simply spoken their minds on social media have faced administrative and criminal charges, and this trend appears to have worsened in recent months, with many cultural figures targeted. Last month, a new bill passed into law that further punishes people convicted of distributing information deemed to be false about Russia’s armed forces, as well as people who seek to implement decisions by international organizations that the Russian Federation “does not take part in”. I urge a swift and comprehensive review of all cases of deprivation of liberty that result from the exercise of fundamental freedoms; as well as an immediate end to the repression of independent voices and the legal professionals who represent them. The future of the country depends on an open space.
Iran’s legislative election three days ago was Iranians’ first opportunity to vote since the “Women, Life, Freedom” protests of 2022 and 2023. It took place in a country that has been deeply divided by the Government’s repression of the rights of women and girls. People who participated in the protests have been persecuted, imprisoned on long sentences and in some cases, put to death. The draft Bill on “Supporting the Family by Promoting the Culture of Chastity and Hijab”, if adopted, would impose severe punishments for acts that should not be deemed criminal in any country. In my ongoing engagement with the Iranian authorities, I have urged immediate reforms to uphold the rights of all Iranians, including the right of women to make their own choices, and an immediate moratorium on the death penalty….
In the United States of America, in this electoral year, it is particularly important for authorities at all levels to implement recent recommendations by the UN Human Rights Committee to ensure that suffrage is non-discriminatory, equal and universal. A 2021 Presidential executive order acknowledges that disproportionate and discriminatory policies and other obstacles have restricted the right to vote for people of African descent, and emphasises the need to overturn them. Yet according to the Brennan Center for Justice , at least 14 states have passed laws in 2023 that have the effect of making voting more difficult. In a context of intense political polarisation, it is important to emphasise equal rights, and the equal value of every citizen’s vote…
In Afghanistan, I deplore continuing and systematic violations of human rights, particularly the comprehensive violations of the rights of women and girls, which exclude them from every aspect of public life, including secondary and tertiary education; employment; and movement. Advancing the rights of women and girls must be the highest priority for all who work on and in Afghanistan. The civic freedoms and media freedoms of all Afghans are profoundly curtailed, with many women human rights defenders and journalists suffering arbitrary detentions. The resumption of public executions is horrific. I remain concerned about forced expulsion of Afghans from neighbouring countries, particularly for those who face a risk of persecution, torture or other irreparable harm in Afghanistan.
In the United Arab Emirates, another mass trial is underway based on counter-terrorism legislation that contravenes human rights law. In December, new charges were brought against 84 people, including human rights defenders, journalists and others who were already in prison. Several were nearing the end of their sentence or have been arbitrarily held in detention after completion of their sentence. Their joint prosecution constitutes the second-largest mass trial in the UAE’s history, after the so-called “UAE94” case in 2021, and includes many of the same defendants. I remain concerned about broader patterns of suppression of dissent and the civic space in the country, and I urge the Government to review domestic laws in line with international human rights recommendations.
Dialogue between China and my Office continues in areas such as counterterrorism policies, gender equality, minority protection, civic space, and economic, social and cultural rights. As we move forward, it is important that this dialogue yield concrete results, notably in respect of the policy areas raised during the Universal Periodic Review. I recognise China’s advances in alleviating poverty and advancing development, and I have urged that these advances be accompanied by reforms to align relevant laws and policies with international human rights standards. During the UPR, China announced plans to adopt 30 new measures for human rights protection, including amendments to the Criminal Law, and revisions of the Criminal Procedure Law. My Office looks forward to engaging with China on this; I particularly encourage revision of the vague offence of “picking quarrels and making trouble” in Article 293 of the Criminal Law, and I urge the release of human rights defenders, lawyers and others detained under such legislation. I also call on the Government to implement the recommendations made by my Office and other human rights bodies in relation to laws, policies and practises that violate fundamental rights, including in the Xinjiang and Tibet regions. I am engaging with the Hong Kong authorities on continuing concerns about national security laws…
In many countries, including in Europe and North America, I am concerned by the apparently growing influence of so-called “great replacement” conspiracy theories, based on the false notion that Jews, Muslims, non-white people and migrants seek to “replace” or suppress countries’ cultures and peoples. These delusional and deeply racist ideas have directly influenced many perpetrators of violence. Together with the so called “war on woke,” which is really a war on inclusion, these ideas aim to exclude racial minorities – particularly women from racial minorities – and LGBTQ+ people from full equality. Multiculturalism is not a threat: it is the history of humanity, and deeply beneficial to us all.
Peace, like development, is built and nourished through rights. It is by upholding and advancing the full spectrum of human rights, including the right to development and the right to a clean, healthy and sustainable environment, that States can craft solutions that are durable – because they respond to the universal truth of our equality and the inextinguishable desire for freedom and justice.
History is a record of humanity’s capacity to surmount the worst challenges. Among the greatest achievements of humanity over the past 75 years has been the recognition that addressing human rights in every country– all human rights; it is not an à la carte menu – is a matter of international concern.
Thematic areas of interest… Acts of intimidation and reprisals ISHR remains deeply concerned about reprisals against civil society actors who engage or seek to engage with UN bodies and mechanisms. We call for all States and the Council to do more to address the situation. HRC55 is a key opportunity for States to raise concerns about specific cases of reprisals and demand that governments provide an update on any investigation or action taken toward accountability. An increasing number of States have raised concerns in recent sessions about individual cases of reprisals, including at HRC39, HRC41, HRC42, HRC43, HRC45, HRC51, HRC52, and HRC53, and HRC54. States raising cases is an important aspect of seeking accountability and ending impunity for acts of reprisal and intimidation against defenders engaging with the UN. It can also send a powerful message of solidarity to defenders, supporting and sustaining their work in repressive environments. We urge States to continue to raise the cases ISHR has campaigned on in the last two years in their statements. We also urge States to raise and follow up on individual cases of reprisals in the country specific debates taking place at this session. Further information on these cases can be found here or by contacting the ISHR team at s.hosseiny@ishr.ch
Other thematic debates
At this 55th session, the Council will discuss a range of economic, social and cultural rights through dedicated debates with Special Rapporteurs.
Country-specific developments
Attacks against fundamental freedoms in relation to Palestine in Western Europe and North America (including Austria, France, Germany, Italy, United States, United Kingdom): Civil society and international experts have raised grave concern at the attacks on fundamental freedoms when advocating for the rights of Palestinians by authorities in Western Countries. The attacks on freedoms of expression, assembly and association being monitored since October 2023 are by no means a new trend. For example, in September 2023, Amnesty International issued a statement addressing ‘restrictions of freedom of expression and freedom of assembly through blanket, pre-emptive bans imposed on assemblies on the occasion of Nakba Remembrance Day in Berlin’ by the Berlin Assembly Authority. However there has been a notable escalation in the intensity of these attacks as well as the political and legal measures put forward to further curtail fundamental freedoms in relation to Palestine since October 2023. Western governments, who regularly call for strong protection of human rights and civic space, are emboldening Israel’s indiscriminate attacks by cracking down on free expression and peaceful assembly, online and offline. Authorities have resorted to banning the holding of demonstrations, cracked down on demonstrators, and arrested protesters. Moreover, individuals have been fired from their jobs for voicing opinions on social media. Individuals have also reported facing hate speech, censorship and self-censoring fearing reprisals, including discrimination and criminalisation for voicing their opinions online and offline. Special Procedures have concluded that the undue restrictions imposed by States, especially Western States, ‘on peaceful protests and civil society working to protect human rights and humanitarian law in the context of the Gaza war are contrary to States’ obligation under international law to prevent atrocity crimes, such as genocide, war crimes, crimes against humanity and apartheid’. They stressed ‘that inclusive and meaningful collaboration with civil society, human rights defenders, […] and protest movements is vital to end the cycle of violence and impunity […], dismantling apartheid and ensuring justice and accountability […]’. Special Procedures have also addressed how ‘risks of potential anti-Semitism have also been used as a justification by some States to ban and criminalise peaceful assemblies and expressions in support of Palestinians’ rights’. Civil society has for years deplored the misuse by Israel and Western States of this argument to suppress Palestinian rights advocacy through the IHRA working definition of antisemitism. The Arab Center Washington DC stressed that ‘conflation between antisemitism and legitimate criticism of Israeli crimes against Palestinian civilians (heightened by the adoption of the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism by many States and organisations), leads to the silencing of Palestinian voices’. The normalisation of anti-Palestinian racism, rarely treated as equal human beings by the media or politicians, has also led to the dehumanisation of Palestinians as emphasised by the Special Procedures who stressed that ‘States have sought to justify these restrictions by referring to risks related to incitement to hatred and ‘glorification’ or ‘support of terrorism’, and potential risks to national security or public order. This approach is not only arbitrary, but it also dehumanises Palestinians by unjustly linking them as a whole to criminal endeavours and terrorism.’ Moreover, Special Procedures have stressed that ’employees in the public and private sectors should also not face reprisals, such as disciplinary measures or loss of employment, for speaking out’. They emphasised the importance for States and relevant academic institutions to respect academic freedoms, and ensure that students and teaching staff can freely associate, assemble and express their views with regards to the war in Gaza and the Israeli occupation of Palestine. The European Legal Support Center (ELSC) has monitored 661 incidents of repression against the Palestinian solidarity movement or individuals advocating for Palestinian rights since 7 October : 219 took place in Germany, 172 in the UK, 72 in France, 45 in Italy, 16 in Austria and 137 in other European countries. These include legal action or threats of legal action; restriction of movement, harassment, intimidation or violence; smear campaigns; threats to citizenship of residency status; disciplinary investigation, loss of employment or suspension from position; threats to academic freedom; refusal or withdrawal of use of venue or cancelation of events; defunding or financial de-risking. Since 2014, Palestine Legal has responded to over 2200 incidents in the US of suppression of Palestinian rights advocacy aimed at intimidating Palestinians and their supporters into silence and inaction. Since October 7, Palestine Legal responded to over 1258 reports of suppression of Palestinian rights advocacy in the US. Palestine Legal and over 600 legal organisations and professionals based in the USA urged in a joint letter elected officials and institutional leaders ‘to take urgent measures to address the surging racist attacks and unlawful retaliation against advocates for Palestinian right They address ‘an unprecedented barrage of extreme attacks that Palestinians and their allies in the U.S. are facing, including violent assaults, hate speech, employment discrimination, severe harassment and doxxing of students, law enforcement visits, and censorship in different arenas of civic and social life’. The organisation stressed that ‘hundreds of incidents happening across the country signal a much broader effort to criminalise dissent, justify censorship, and incite anti-Palestinian, anti-Arab, and anti-Muslim harassment, doxing and vigilantism against Palestinians and their allies. This is not a new phenomenon, but it is escalating at terrifying speed.’ In line with Special Procedures recommendations, we urge States, in particular Western States to: immediately and unconditionally release all arbitrarily detained individuals ‘for the exercise of their rights to freedom of peaceful assembly, of association and of freedom of expression in the context in Israel/occupied Palestinian territory’. Put an end to the intimidation and criminalisation of ‘civil society and activists advocating for respect of Palestinians’ rights, including the right to self-determination, for boycotts, divestment and sanctions, international criminal accountability, and an end to the alleged crimes of apartheid and genocide against Palestinians’ Ensure that ‘legislation and policy measures designed to counter anti-Semitism or terrorism are not used to suppress fundamental freedoms or to restrict civil society’s access to resources and/or criminalize them for their legitimate work.’ Ensure that ‘civil society organizations, human rights defenders and academics, working on Palestinian rights can exercise the ability to seek, receive and use financial resources, including foreign funding; and that counter-terrorism laws, including financing laws, are not applied in a manner contrary to international standards.’
Algeria
The sustained repression against the pro-democracy movement and human rights defenders in Algeria was addressed in the end of session statements of the Special Rapporteur on freedom of association and assembly as well as the Special Rapporteur on human rights defenders who conducted official visits to Algeria in 2023. These were the first visits since 2016 by UN mandate holders to the country. The Special Rapporteur on Freedom of Assembly and Association addressed the ‘criminalisation of civil society work’, and the ‘suspension or dissolution of political parties and associations, including prominent human rights advocacy organisations’ (including RAJ and LADDH), as well as ‘overly restrictive laws and regulations’ hindering their work. The rapporteurs called for the amendment of laws used to curtail fundamental freedoms, including article 87 bis of the Penal Code, used to outlaw movements such as the Movement for the Autonomy of Kabylie (MAK) and the Islamic political movement Rachad, both declared terrorist entities, and to bring criminal charges against individuals for exercising their rights to expression and assembly. Following her visit and attending the trial of three Algerian human rights defenders who faced terrorism charges, UN Special Rapporteur on Human Rights Defenders ‘welcomed the acquittal of Jamila Loukil, Kaddour Chouicha and Said Boudour’. While this is a positive development, a big number of activists and HRDs remain arbitrarily detained in Algeria. The SR on HRDs addressed the arbitrary detention of Kamira Nait Sid, a WHRD and co-president of the World Amazigh Congress sentenced to three years in prison where she visited her. She was arrested and tried on charges of ‘undermining national unity” and “belonging to a terrorist organisation’. The Special Rapporteur also met with HRD Ahmed Manseri, was put in pre-trial detention following meeting the Special Rapporteur on FoAA, ‘a picture of him meeting the Special Rapporteur on Freedom of Association and Assembly was included in his case file’. In line with the decision of the WGAD, Algeria should release arbitrarily detained HRD Mohamed BabaNadjar, detained since 2005 and serving a life sentence for his work on the rights of the Amazigh people. ISHR is alarmed at the level of self-censorship and risk of reprisals individuals face for engaging with the UN and its mechanisms. The SR on HRDs reported that individuals were self-censoring ‘for fear of being charged under Article 87 bis’. The SR on FoAA reported that activists told him that they were not willing to meet him ‘in person as they feared they could be subject to reprisals by authorities for undermining national security.’ The SR on HRDs also reported that some HRDs she intended to meet “refused or cancelled at the last minute, for fear of reprisals”. We urge all States to demand that Algeria, an HRC member, end its crackdown on human rights defenders and civil society organisations as well as put an end to all acts of intimidation and reprisals. We also call on States to call for the immediate release of all individuals arbitrarily detained, including woman human rights defender Kamira Nait Sid, and Mohamed BabaNadjar, and to urge Algeria to amend all legislation that hinders the work of civil society, including article 87 bis, regulations on funding, and other undue limitations to freedom of assembly and association.
Bahrain
Bahrain continues to imprison human rights defenders, including Abduljalil Al-Singace, Abdulhadi Al-Khawaja and Naji Fateel, despite their prolonged incarceration deemed arbitrary by the UN Working Group on Arbitrary Detention. High profile opposition figures such as Sheikh Ali Salman, Hassan Mushaima, and Abdulwahab Hussain also remain behind bars.
On 19 September 2023, the UN Secretary-General published their annual report naming five individuals who faced reprisals for cooperating with United Nations mechanisms. The death penalty continues to be used, with 26 individuals on death row, many alleging torture and coerced confessions. Death row inmates Mohamed Ramadhan and Husain Moosa have been detained for a decade and are at risk of imminent execution despite UNWGAD calling for their immediate and unconditional release and impending execution. Last year, over 800 political prisoners in Jau Prison launched a hunger strike to protest harsh conditions, discrimination and ill-treatment.
We call on States to urge Bahraini authorities to unconditionally release all those sentenced for their political opinions, including human rights defenders, stop reprisals for cooperating with the UN, and implement recommendations by UN Special Procedures.
China
China’s fourth UPR review on January 23 exposed strong international condemnation over grave abuses, and calls for unfettered access to the whole country for UN Special Procedures experts, including from the Global South. Numerous recommendations and advanced questions referred to the overwhelming evidence of grave abuses documented by UN bodies since 2018, compiled in a repository published by ISHR. This vast array of UN recommendations constitute an impartial benchmark to assess the Chinese government’s willingness and actions to address systematic and widespread human rights violations. Follow-up to these welcome steps must be ensured. To uphold the integrity of its mandate and put an end to China’s exceptionalism, the HRC must establish a monitoring and reporting mechanism on the country, as repeatedly called for by over 40 UN experts and hundreds of human rights groups globally. States should further urge the UN High Commissioner to strengthen follow-up action on his Office’s Xinjiang report, including through public calls for implementation, translation of the report, and an assessment of its implementation. States should ensure sustained visibility at the HRC of China’s abuse of national security and other cross-cutting abuses affecting Uyghurs, Tibetans, Hong Kongers and mainland Chinese defenders, including the latest crackdown on human rights lawyers. Finally, States should ask for the prompt release of human rights defenders, including feminist activists Huang Xueqin and Li Qiaochu, human rights lawyers Chang Weiping, Ding Jiaxi, Yu Wensheng and his wife Xu Yan, legal scholar Xu Zhiyong, Uyghur doctor Gulshan Abbas, Hong Kong lawyer Chow Hang-tung, and Tibetan climate activist A-nya Sengdra.
Democratic Republic of the Congo
The government must engage civil society in the drafting of the implementation, ensure it is in line with international standards and doesn’t further restrict the rights of defenders in the country. The United Nations Joint Human Rights Office (UNJHRO) must support the calls of civil society and ensure the protection and promotion of defenders is part of its support to the government of the DRC.
The Council will consider oral updates with the High Commissioner and the team of international experts on the DRC on 3 April, followed by General Debate.
According to human rights organisations, at least 251 defendants were rotated to new cases in 2023, and another 620 defendants in 2022, demonstrating the continued involvement of the judicial authorities in violations of the right to fair trial and undermining the rule of law.
The Human Rights Committee also called on Egypt to ‘ensure that court proceedings in terrorism cases are fully in line with articles 14 and 15 of the Covenant to ensure fair trials and put an end to the use of mass trials that are inherently not aligned with international standards’. UN Special Procedures have raised their concerns with Egypt on the ‘Terrorism Circuit Courts and allegations of their incompatibility with international due process guarantees, as well as alleged violations of fundamental rights of many individuals, including human rights defenders, who have been tried, or are still waiting to be tried, before these courts’. According to the Egyptian Front for Human Rights’ annual report, the Terrorism Circuit Courts ordered the release of only 3 defendants, approximately 0.1% of the 35966 cases of detention renewals under its consideration in 2023. The Egyptian Initiative for Personal Rights (EIPR) has also documented this pattern of what is commonly referred to as ‘hearings of detention renewals’ by the Terrorism Circuit Courts, including most recently renewals of detention of almost 900 defendants on 21 and 22 January 2024. Since the Committee against Torture (CAT) reached ‘the inescapable conclusion‘ in 2017 that ‘torture is a systematic practice in Egypt,’ the Egyptian government has not taken any serious steps to address the issue. In a new report submitted to the CAT, REDRESS and a coalition of Egyptian and international civil society organisations – including the Egyptian Initiative for Personal Rights, the Egyptian Commission for Rights and Freedoms, Dignity, and the International Commission of Jurists – conclude that the widespread and systematic use of torture by the Egyptian authorities amounts to a crime against humanity under customary international law. ISHR reiterates the calls of more than 100 NGOs from around the world in urging the HRC to create a monitoring and reporting mechanism on the ever-deteriorating human rights situation in Egypt.
Guatemala
Guatemala is living historic and hugely challenging times. The undermining of Guatemala’s State institutions over many years has led to a collapse in the rule of law and a worsening human rights crisis. The judicial system has been largely stripped of its independence and attacks and threats against human rights defenders and justice operators have been rife. Currently at least 45 former justice operators have been forced into exile, with at least 10 facing criminal proceedings against them in the country. Guatemala’s new President, Bernardo Arévalo, has promised to re-establish the rule of law, fight against corruption and impunity and address poverty. At this session under General Debate 2, the Council will consider the High Commissioner’s report on OHCHR activities including in Guatemala. This is the opportunity for States to speak of their support for effective measures to address corruption, impunity and for the respect of human rights under the new Presidency, and to continue their commitment to monitoring government actions. States should call on Guatemala to use UPR and treaty body recommendations as a road map for the necessary reforms to reintroduce the rule of law, fight impunity and uphold human rights. States should call on Guatemala to commit to and accept visits of Special Procedures as a means to institute a regime of rights monitoring and recommendations. They should welcome the good news of the three year renewal of the mandate of the Office of the High Commissioner in Guatemala and suggest that the High Commissioner for Human Rights visit the country at his earliest convenience. States should urge the government to guarantee the security of indigenous communities and leaders and institute an ongoing dialogue with indigenous communities to hear and respond to their demands. In that regard, Guatemala should sign and ratify the Escazú Protocol as a matter of urgency. States should call on Guatemala to put the protection of defenders at the heart of the new government’s actions, including through the implementation of the public human rights defenders public protection policy, ordered by the Inter-American Court of Human Rights in 2014.
Israel/OPT
The Council will hold an interactive dialogue with the High Commissioner on ensuring accountability and justice in the Occupied Palestinian Territory, including East Jerusalem on 29 February and an interactive dialogue with the Special Rapporteur on the oPt on 26 March. ISHR welcomes South Africa’s proceedings at the International Court of Justice (ICJ) on the situation in Gaza as an important step towards effective measures and accountability for atrocity crimes committed by Israel in the context of its decades long colonial apartheid imposed over the Palestinian people, including its latest war on Gaza. It also upheld international law in the face of decades of double standards during which the international community failed to take effective measures to ensure Israel complies with international law and the numerous UN resolutions and recommendations by UN special procedures, treaty bodies, and investigative mechanisms. Civil society organisations stressed that by ‘drawing on the nature of Israel’s military action, and ‘dehumanising’ statements by Israeli government officials, the Court found that Israel’s actions in Gaza are plausibly genocidal’, pending its final decision. These provisional measures which have a legally binding effect, ‘cannot be carried out without a full cessation of hostilities’, thus can only be effective with a ceasefire. In a joint statement from January 2024, Special Procedures deplored that they had raised the alarm of the risk of genocide several times and for months, ‘reminding all governments they have a duty to prevent genocide’ and stressing that ‘not only is Israel killing and causing irreparable harm against Palestinian civilians with its indiscriminate bombardments, it is also knowingly and intentionally imposing a high rate of disease, prolonged malnutrition, dehydration, and starvation by destroying civilian infrastructure’. The UN Committee on the Elimination of Racial Discrimination raised ‘serious concerns regarding the obligation of Israel and other State parties to prevent crimes against humanity and genocide.’ Responding to arguments of Israel and other States, the Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel reiterated that article 51 which ‘provides for the use of force by a State in self-defense of the Charter […] is not applicable’. Special procedures expressed their profoundly concern about ‘the support of certain governments for Israel’s strategy of warfare against the besieged population of Gaza, and the failure of the international system to mobilise to prevent genocide’. ISHR and over 180 organisations, deplored the continued transfer of arms to Israel by States, including the US, the UK, Germany, Canada, Italy, the Netherlands, and stress that the provision of military equipment and military support to Israel with knowledge that they are likely to be used in serious violations of international law, including international crimes, invites charges of complicity. ISHR also denounces the defunding civil society organisations and UNRWA by Western States, a strategy implemented by Israel and discursively imposed by some States to silence the work of human rights defenders and ensure the demise of the Palestinian refugee issue and with it the right of the Palestinian people to self-determination. We call for an immediate and unconditional release of all Palestinians deprived of liberty without due process, and all Israeli hostages; and the lifting of the 17 year-old illegal blockade and closure of the Gaza Strip, which constitutes collective punishment. In line with the ICJ provisional measures, and based on the obligations of States under international law, including the Genocide Convention, we urge States to take immediate and effective measures to: Impose a ceasefire and ensure that Israel provides immediate and unhindered delivery of aid to the Gaza Strip; Implement a two-way arms embargo on Israel; Ensure that internally displaced Palestinians return to their areas of previous residence and are provided with safe shelters in accordance with IHL provisions; Support the work of the CoI to investigate the root causes of the situation on both sides of the Green Line, including through providing sufficient resources for the mechanism, to ensure accountability and redress; and Restore funding of UNRWA and civil society organisations working to ensure the delivery of humanitarian aid in the context of starvation and genocide as well as document human rights violations, respectively.
Mali
In Mali the human rights situation continues to deteriorate, with the government increasingly cracking down on media and opposition voices, significantly narrowing civic space. During the presentation of his last report at the 52nd session of the Human Rights Council, the Independent Expert highlighted the threats, physical assaults and attacks on their property defenders faced because of their opinions.
Additionally, he recognised that the progress recently made towards the return to constitutional order may not lead to credible, free, fair and inclusive electoral processes unless appropriate measures are taken to address the shrinking civic space in the country. Since the adoption of the defenders’ law in 2018, Mali is yet to fully guarantee the protection of the rights of defenders through its implementation. In 2020, Mali finally adopted its implementation decree for the HRD law shortly followed by the decision adopted by the Malian government which establishes the characteristics, procedures for granting and withdrawing the professional card of human rights defenders. ISHR continues to ask the independent expert what support he planned to give to the Malian government to ensure the full implementation of the defenders law and its protection mechanism. The HRC must keep the scrutiny on Mali to ensure that defenders in the country are protected in line with the UN Declaration and not restricted by the limitation imposed by a card defining the status of defenders. The Council will hold an interactive dialogue with the independent expert on 28 March. Nicaragua
The human rights situation in Nicaragua comes back on the agenda against this session with two planned debates. On 29 February the Group of Human Rights Experts will present its report followed by an interactive dialogue. On the 4 March there will be an oral update of the HC on the situation of human rights in Nicaragua followed by a general debate. At the Council’s last interactive dialogue on Nicaragua, on 18 December 2023, the UN Deputy High Commissioner for Human Rights said of Nicaragua: ‘Every day the country deviates further from human rights.’ The last months have shown how true this remains. Upcoming regional elections on the Caribbean Coast (4 March) have provided a context for government crackdowns on opponents. The main indigenous and Afro-descendant political party in the country, YATAMA, has had its legal status revoked and two of its leaders, National Assembly legislator and YATAMA party chair Brooklyn Rivera and YATAMA legal representative Nancy Elizabeth Henríquez were arrested. The whereabouts of Brooklyn Rivera remain unknown. These arrests have been followed by increased militarisation in the territories on the Caribbean coast. The Inter-American Commission on Human Rights (IACHR) and its Special Rapporteurship for Freedom of Expression have expressed concern about these and other attacks against indigenous communities in the country. Many Nicaraguan human rights defenders remain in exile with no possibility of return. These include Rolando Álvarez, sentenced to 26 years in prison after strongly criticising government repression last year and expelled from the country in mid-January 2024 alongside 17 other clerics. Repression against defenders continues. States must call on Nicaragua to immediately release all arbitrarily detained people including Freddy Quezada, subject of precautionary measures by the IACHR; to provide immediate information about the whereabouts of all those disappeared, including poet Carlos Bojorge, detained and disappeared one month ago, and Brooklyn Rivera. States should express firm support of the work of the Group of Experts on Nicaragua and OHCHR and call on Nicaragua to take urgent steps to meet the recommendations made to it by the Group of Experts, as well as OHCHR and – in the words of Nicaraguan HRD Cristina Huerta made in December at the Council – to call on Nicaragua to ‘put an end to the State violence against women and civil society and retake the path to democracy’. ISHR is co-organising a side event ‘The situation for exiled Nicaraguan activists a year after being released and stripped of nationality’ on 5th March, 15.30-16.30pm Geneva time, Room XXVII Palais de Nations. Co-organisers include the Permanent Missions of Argentina, Canada, Chile, Costa Rica, Ecuador and Paraguay, as well as NGOs CCPR, Race and Equality and PBI.
Occupied Western Sahara In October 2023, the UN Working Group on Arbitrary Detention requested the immediate release of 18 Gdeim Izik prisoners from Western Sahara, held for over 13 years in Moroccan jails. In the last six years, the UN Working Group on Arbitrary Detention has rendered at least 11 decisions highlighting a systematic pattern of violations of the right to due process and fair trial, arbitrary arrests, torture, as well as violations to the right to freedom of expression, discrimination based on language, ethnicity and religion, especially targeting Saharawi activists advocating for the right to self-determination of Western Sahara. Prior, UN CAT issued five decisions on the Gdeim Izik prisoners, including in the case of Human rights activists Enaâma Asfari. Western Sahara is a former Spanish colony that remains under Moroccan occupation (despite a 1992 UN governed agreement for a referendum on independence, which Morocco continues to fail to comply with). In 1990, the General Assembly had reaffirmed that Western Sahara was a question of decolonisation
which remained to be completed by the people of Western Sahara. We urge States to call on Morocco to implement the decisions of the CAT and the WGAD and unconditionally release the Gdeim Izik arbitrarily detained activists, and all arbitrarily detained journalists and human rights defenders, while putting an end to all forms of harassment and reprisals against prisoners and their family. We further urge States to call on Morocco to put an end to its crackdown on civil society, particularly Saharawi human rights defenders in the occupied territory, ensure they are able to conduct their human rights work, and provide access to occupied Western Sahara to human rights bodies, including OHCHR, special procedures, and human rights organisations. As a member of the Human Rights Council and its president, and in line with resolution 60/251, Morocco should ‘uphold the highest standards in the promotion and protection of human rights’ and ‘fully cooperate with the Council’. In his update to the Council in March 2023, High Commissioner Turk highlighted that his Office has not been granted access to Western Sahara for the last eight years. Local human rights organisations report that international organisations and observers are barred from entering the territory to carry out meaningful human rights documentation and that human rights defenders trying to document and ensure monitoring are being targeted by the State.
In a joint statement, Special Procedures decried ‘the systematic and relentless targeting of human rights defenders in retaliation for exercising their rights to freedom of association and expression to promote human rights in Western Sahara’. They urged Morocco to ‘stop targeting human rights defenders and journalists standing up for human rights issues related to Western Sahara, and allow them to work without reprisals’.
Saudi Arabia According to ALQST’s annual report, despite the Saudi authorities’ recent efforts to open up to tourism and host international events, a prevailing climate of closure prevails – independent monitors are denied access to the country, the prison system is shrouded in secrecy, and trials are held behind closed doors.
In this ominous atmosphere, and following the almost complete diplomatic rehabilitation of crown prince and de facto ruler Mohammed bin Salman, widespread violations persist, including but not limited to: further decades-long prison sentences, and even a death sentence, meted out for peaceful social media use; the prosecution of women for their choice of clothing and advocacy for women’s rights; prisoners of conscience held incommunicado beyond the expiration of their sentences; arbitrary travel bans imposed on detainees and their family members in a form of collective punishment; and the execution of 172 individuals carried out over 2023, with several young men at imminent risk of execution for alleged crimes committed as minors.
In light of these alarming developments, ALQST and ISHR call on the Council to adopt a resolution mandating an independent international monitoring and investigative mechanism to address the human rights violations perpetrated in and by Saudi Arabia.
Sudan The humanitarian crisis in Sudan is dire, with millions displaced, widespread attacks on civilians including systematic SGBV as a weapon of war, amidst lack of global attention and adequate funding to respond to the crisis. Sudan faced a total communication blackout on 7 February 2024, following earlier disruptions at the end of January. These shutdowns severely endanger women human rights defenders and their work, hindering their ability to document atrocities and access essential resources such as mobile banking apps. Since the attack on Wad Madani in December 2023, WHRDs have lost resources, faced displacement, and enormous challenges searching for safe locations across states and neighboring countries. Dozens of women defenders were harassed, detained, summoned and threatened by both warring parties during the last few weeks. In recent months, the Sudanese Military Forces have intensified attacks on human rights defenders, journalists, and humanitarian workers in their controlled areas. Rapid Support Forces (RSF) have arrested civilians, engaged in looting, and perpetrated sexual violence systematically. WHRDs struggle to operate in these areas as the risks of sexual violence are expanding, with at least 5 WHRDs and first responders detained, summoned, or harassed recently. The attacks, which have resulted in the deaths of 4 WHRDs including 2 journalists and 11 women health workers, have occurred in territories controlled by both warring factions. Threats against medical services by both the RSF and the Sudan Armed Forces (SAF) continue to be reported including killings and kidnappings of health workers, attacks on hospitals and theft of medical supplies; exacerbating the humanitarian crisis for millions internally displaced without access to necessities and healthcare, and at risk of diseases such as outbreak of cholera. Sudanese rights groups have documented more than 2000 cases of enforced disappearances in Khartoum and other affected regions since the start of the war, with victims often detained by RSF or SAF, some killed under unclear circumstances. Detainees endure inhumane conditions, lacking medical care, proper food, and subjected to torture and sexual violence. Authorities in safer regions of Northern and Eastern Sudan dissolved resistance committees, active since the 2018 protests. Governors of five states prohibited information dissemination on social media, detaining journalists and activists in three states. Peaceful civic activities are banned or unauthorized in several states, creating hostile environments for WHRDs. The civic space in Sudan is closed with increasing militarization of the state and communities. During the last three months, Sudanese authorities launched a mobilization campaign to arm civilians, leading to unprecedented threats to women, peace and security and GBV in the areas out of the fighting zones. The Council will hold, on 1 March, an enhanced interactive dialogue on the comprehensive report of the HC, presented with the assistance of the designated Expert on human rights in the Sudan, on the situation of human rights in the Sudan. During the debate, States should reiterate joint civil society calls on the warring parties 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; an immediate restoration of telecommunications across the country; and cease attacks on health facilities, medical supplies, and health workers, and uphold obligations under international humanitarian law. States should also declare their support for joint civil society calls on States to create an immediate long-term protection program for WHRDs; provide support for the FFM and other international mechanisms mandated to document human rights violations in Sudan, including by ensuring that these entities have the necessary resources to carry out their work effectively; support local initiatives providing humanitarian support to local communities as well as support services to victims, and to support civil society’s documentation and reporting efforts so that the evidence obtained can be used for future judicial proceedings; to call for the disclosure of the whereabouts of the disappeared and the release of detainees, and to urgently address the issue of enforced disappearances and grave violations in detention centers, including GBV; and to call for the reinforcement and protection of medical staff in accordance with international humanitarian law.
Tunisia
Since 25 July 2021, President Saied has dismantled Tunisia’s democratic institutions, undermined judicial independence, stifled the exercise of freedom of expression and repressed dissent. In June 2023, the High Commissioner urged Tunisia to ‘change course’, ‘respect due process and fair trial standards in all judicial proceedings, cease trying civilians before military courts and release all those arbitrarily detained’. He expressed ‘deep concern at the increasing restrictions on the right to freedom of expression and press freedom in Tunisia’, noting that vague legislation is being used to criminalise independent journalism and stifle criticism of the authorities. He further addressed the ongoing crackdown ‘against judges, politicians, labour leaders, businesspeople and civil society actors’. The situation has since further deteriorated. Authorities have continued to escalate their crackdown on free speech and peaceful dissent, using unfounded conspiracy, terrorism and expression-related charges against opposition figures, journalists, lawyers, judges and businesspeople. Public remarks from the president about the prosecution of perceived critics has continued to undermine judicial independence. At least 20 people have been in pretrial detention for long periods of time (8 months to more than two years). In November 2023, civil society organisations warned that the draft law on associations submitted to the Tunisian Parliament on 10 October 2023 would violate the right to freedom of association and endanger civic space in Tunisia. The draft law would grant the government pervasive control and oversight over the establishment, activities, operations and funding of independent groups, which are one of the last remaining counterweights to President Kais Saied’s autocratic rule. We urge States to call on Tunisia to refrain from adopting the proposed draft law and, instead, commit to safeguarding the right to freedom of association as enshrined in Decree-law 88 and under international human right law binding on Tunisia. The authorities should ensure that associations are able to operate without political interference, intimidation, harassment or undue restrictions. Moreover, Special Procedures have raised alarm at the collective expulsions targeting sub-Saharan migrants from Tunisia as well as ‘violence and racist hate speech, including perpetrated by the country’s top leadership and law enforcement officials’. While collective expulsions started being documented in early July, they are ongoing and target asylum seekers, refugees and children, to Libya and Algeria.
ISHR reiterates the recommendations by Tunisian civil society, Special Procedures and the Committee on the Elimination of Racial Discrimination to put an end to these practices, and for the authorities to investigate, provide remedies to victims, and hold perpetrators accountable. Ukraine Two years on from the launch of Russia’s full scale invasion and war of aggression against Ukraine, the perpetration of which has involved the widespread commission of war crimes and crimes against humanity, it is vital that the Council continue to mandate mechanisms to investigate violations, promote accountability, support victims, and address root causes of conflict.
At the March session of the Council, this should include renewing the mandate of the Commission of Inquiry, the work of which is essential to promote accountability for atrocity crimes in Ukraine, as well as address root causes such as the repression and criminalisation of human rights defenders and independent journalists in Russia itself. The Council will hold an interactive dialogue with the Commission of Inquiry on 19 March. The Council will also hold an interactive dialogue on the OHCHR report on Ukraine on 2 April.
Venezuela The Human Rights Council session just as that Venezuela has suspended OHCHR activities in the country and ordered personnel to leave the country and amid a context of a foretold pre-electoral increase in threats and attacks against defenders.
The arbitrary detention and disappearance of human rights defender Rocío San Miguel, president of NGO Control Cuidadano, on 9 February is evidence of this and of a wider pattern of attacks against defenders, as noted by the UN fact-finding mission on Venezuela. The re-activation of the process related to a highly restrictive and much criticised NGO bill at the start of this year, is a sign of the government’s interest in restricting civil society’s ability to operate. This is no time to reduce efforts to demand the respect of human rights in the country including the respect of the rights of human rights defenders, and to express support for ongoing monitoring and reporting work by OHCHR in the country and by the UN Fact-Finding Mission. Venezuela will be the focus of two specific debates during the session. On 19 March, the High Commissioner will present an oral update informed by the conclusions and recommendations of his team in the country. The UN fact-finding mission will provide an oral update on the 20 March. Both of these updates will be followed by interactive dialogues. During this session, States must be of one voice in calling for the reactivation of the work of OHCHR in the country. Also, the immediate release of Rocío San Miguel and that of Javier Tarazona, arbitrarily detained almost three years ago. States must also express deep concern at the re-introduction of the NGO bill and call on the government to cease threats and attacks against defenders in the country. States should restate the importance of the work of Venezuelan defenders and commit to support their work politically and, where possible, financially. States must insist on the reestablishment of an effective OHCHR presence in the country and speak to the essential, ongoing work of the UN fact-finding mission, stressing upon Venezuela the importance of its cooperation with all the UN bodies and mechanisms with mandates related to Venezuela and with all Special Procedures. States’ participation in the two interactive dialogues on Venezuela – through individual and joint statements – is key to making evident that the human rights situation in the country and the UN’s monitoring and reporting mechanisms remain a priority and reassuring those demanding accountability for human rights violations in Venezuela that they are being heard.
Yemen In 2023, Mwatana documented the continuation of human rights violations committed by various conflicting parties in Yemen, including ground and aerial attacks, attacks on vital facilities, child recruitment, arbitrary detention, enforced disappearance, and torture, sexual violence, attacks on African migrants, denial of humanitarian access, as well as the the impact of the widespread presence of landmines and explosive devices. In 2023, over 40 civil society organisations, victims and survivor associations from Yemen launched the Yemen Declaration for Justice and Reconciliation, in which they set forth their common vision for achieving justice that is inclusive, victim-centred, and includes accountability, reparations, and redress.
ISHR calls on the international community to address the demands made by Yemeni civil society, including for an independent, impartial, and fair accountability for all crimes under international humanitarian law and international human rights law committed in Yemen, by all parties to the conflict. Failure to address atrocities in the past has led to a culture of impunity throughout generations. We urge the international community to take effective measures to assess the full extent of civilian harm in coordination with local civil society and call on parties to the conflict to ensure reparation and redress.
Other country situations The High Commissioner will provide an oral update to the Council on 4 March. The Council will consider updates, reports on and is expected to consider resolutions addressing a range of country situations, in some instances involving the renewal of the relevant expert mandates. These include: Interactive dialogue with the Special Rapporteur on Afghanistan Enhanced interactive dialogue with the Special Rapporteur on Eritrea ID with the Special Rapporteur on the Democratic People’s Republic of Korea and a presentation of the report of the High Commissioner Interactive Dialogue with the High Commissioner on Belarus Interactive dialogue on the High Commissioner oral update on Myanmar, and interactive dialogue with the Special Rapporteur Interactive Dialogue with the Special Rapporteur on Iran and Interactive Dialogue on the comprehensive report of the independent international fact-finding mission Interactive Dialogue with the Commission of Inquiry on Syria Enhanced interactive dialogue on the comprehensive written report of the Commission on Human Rights’ South Sudan and the participation of the High Commissioner, and an interactive Dialogue on the OHCHR report on South Sudan High-level Dialogue with the Independent Expert on Central African Republic Interactive Dialogue with the High Commissioner and the Independent Expert on Haiti Interactive Dialogue with the International Expert on Colombia, and presentation of the report on the OHCHR activities in Colombia under General debate 2
Resolutions to be presented to the Council’s 55th session At the organisational meeting on 12 February the following resolutions were announced (States leading the resolution in brackets): Combating intolerance, negative stereotyping and stigmatization of, and discrimination, incitement to violence and violence against, persons based on religion or belief (Pakistan on behalf of the OIC) Human rights situation in the Occupied Palestinian Territory, including East Jerusalem, and the obligation to ensure accountability and justice (Pakistan on behalf of the OIC) Right of the Palestinian people to self-determination (Pakistan on behalf of the OIC) Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan (Pakistan on behalf of the OIC) Human rights in the occupied Syrian Golan (Pakistan on behalf of the OIC) Human rights and the environment (Costa Rica, Maldives, Morocco, Slovenia, Switzerland) – mandate renewal Prevention of genocide (Armenia) The right to work (Egypt, Greece, Indonesia, Mexico, Romania) The right to food (Cuba) Promotion of the enjoyment of the cultural rights of everyone and respect for cultural diversity (Cuba) – mandate renewal The effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights (Cuba) The right to adequate housing (Brazil, Finland, Germany, Namibia) Combating violence, discrimination, and harmful practices against intersex persons (Australia, Chile, Finland ,South Africa) Human rights in Ukraine stemming from the Russian aggression (Ukraine) The role of States in countering the negative impact of disinformation on the enjoyment and realization of human rights (Ukraine, Japan, Latvia, Lithuania, Poland, UK, US) The right to privacy in the digital age (Austria, Brazil, Germany, Liechtenstein, Mexico) – mandate renewal Cooperation with Georgia (Georgia) Situation of Human Rights in the Republic of South Sudan ( Albania, Norway, UK, US) – mandate renewal The human rights situation in the Syrian Arab Republic (United Kingdom, France, Germany, Italy, Jordan, the Netherlands, Qatar, Turkiye and the United States of America) – mandate renewal Torture and other cruel, inhuman or degrading treatment or punishment (Denmark) Promoting and strengthening a culture of peace (Gambia, Lesotho, Chile, Mozambique, South Sudan, Côte d’Ivoire, Kazakhstan, Botswana) The rights of persons belonging to minorities (Austria, Slovenia, Mexico) The right of persons with disabilities (New Zealand and Mexico) The situation of human rights in Belarus (European Union) The situation of human rights in the DPRK (European Union) – mandate renewal The situation of human rights in Myanmar (European Union) – mandate renewal Freedom of religion or belief (European Union) Rights of the child (EU and GRULAC) Situation of human rights in the Islamic Republic of Iran (Iceland, Moldova, North Macedonia, United Kingdom) and the deteriorating situation of human rights in the Islamic Republic of Iran, especially with respect to women and children (Iceland and Germany) – two mandate renewals in one resolution. Furthermore, according to the voluntary calendar for resolutions, it is possible that more resolutions could also be presented at this session. Read the calendar here.
Adoption of Universal Periodic Review (UPR) reports During this session, the Council will adopt the UPR working group reports on Azerbaijan, Bangladesh, Burkina Faso, Cabo Verde, Cameroon, Canada, Colombia, Cuba, Djibouti, Germany, Russian Federation, Turkmenistan, Tuvalu, Uzbekistan. ISHR supports human rights defenders in their interaction with the UPR. We publish and submit briefing papers regarding the situation facing human rights defenders in some States under review and advocate for the UPR to be used as a mechanism to support and protect human rights defenders on the ground.
ISHR is organising a side event on 6 March at 13:00 (CET) on the role of defenders in fostering accountability for atrocity crimes. Further information will be published on ISHR’s website.
ISHR is co-organising a side event ‘The situation for exiled Nicaraguan activists a year after being released and stripped of nationality’ on 5 March, 15.30-16.30pm (CET), Room XXVII, Palais de Nations. Other co-organisers include the Permanent Missions of Argentina, Canada, Chile, Costa Rica, Ecuador and Paraguay, as well as NGOs CCPR, Race and Equality and PBI. ISHR is co-organising a side event, ‘Resisting Exile: Voices of Human Rights Defenders’ on 5 March, 2pm Palais de Nations, along with CCPR and Race and Equality.
Photo: Freedom of Speech Includes The Press by Narih Lee under CC 2.0
INVITATION to the side event: IN DEFENCE OF CIVIC SPACE AND DEMOCRACY SUPPORTING THE WORK OF HUMAN RIGHTS DEFENDERS on Monday 26 February 2024, 1pm – 2pm CET, Room XXII, Palais des Nations, Geneva
Human rights defenders promote democracy and a vibrant civic space, too often, in dangerous circumstances. This event aims to discuss the crucial work of defenders, how the international community can best support them and how crucial gender equality is for the full realisation of democracy.
Speakers:
Sviatlana Tsikhanouskaya, Leader of democratic forces (Belarus)
Dr. Sara Abdelgalil, Paediatric Consultant NHS UK, Democracy & Governance Advocate, Active member of Sudanese Diaspora
Phil Lynch, Executive Director, International Service for Human Rights
Elina Valtonen, Minister for Foreign Affairs, Finland
Moderator: Imogen Foulkes, BBC Geneva
A light lunch will be served. The event will be recorded and published as a podcast (Inside Geneva, produced by Swiss Broadcasting).
Last week, on 23 January 2024, the UN Human Rights Council reviewed the human rights record of China during its fourth Universal Periodic Review (UPR). The International Service for Human Rights reporst back on its successful campaign: Following ISHR campaign and your messages to UN member States, sixcountries, including France, Luxembourg, the UK, the US, Sweden, and Australia urged Beijing to put an end to the practice of ‘Residential Surveillance at a Designated Location’ (RSDL) – which UN experts have branded a form of enforced disappearance. This would not have been possible without you!
Following this session, the Chinese government must review the recommendations and decide whether to accept or simply note them, and report back to the Human Rights Council at its 56th session (June 2024). ISHR will closely monitor this and keep you informed. Our call to raise the case of Cao Shunli got unanswered. Cao was detained by Chinese police in September 2013 in retaliation for her work to seek meaningful civil society participation in China’s second UPR cycle. Ten years ago, on 14 March 2014, Cao died of multiple organ failure following continued denial of medical treatment in custody. Despite the emblematic nature of her case Cao’s name was not once cited by UN member States. Nevertheless, at least four States recommended to China to end reprisals against human rights defenders seeking to engage with the United Nations. We’re ramping up efforts for honouring the memory of Cao Shunli and calling for accountability in her case. We are preparing a small event on 14 March 2024 in Geneva. Stay tuned for more very soon!
AFP on 25 January, 2024 reported that UN experts urge Bangladesh to carry out major human rights reforms to reverse “repressive trends” following controversial elections that were boycotted by the opposition.
Bangladeshi Prime Minister Sheikh Hasina was sworn in for a fifth term on January 11. Her ruling Awami League party won nearly three-quarters of elected seats in parliament, with allied parties and friendly independent candidates making up nearly all the remainder.
Hasina has presided over breakneck economic growth in a country once beset by grinding poverty, but her government has been accused of rampant human rights abuses and a ruthless crackdown on dissent.
The UN experts said they were “alarmed” at reports of “widespread attacks, harassment and intimidation of civil society, human rights defenders, journalists and political activists, which marred the recent elections”. See also my earlier posts on Bangladesh: https://humanrightsdefenders.blog/tag/bangladesh/.
The experts called on the Government to:
Immediately and unconditionally release all civil society and political activists detained without charge or on charges inconsistent with international human rights law; and ensure fair public trials in accordance with international human rights standards for those charged with criminal offences.
Institute urgent and substantial reforms to guarantee the integrity and independence of the judicial system.
Guarantee the free and unobstructed exercise of freedom of expression, association and peaceful assembly, refrain from imposing undue restrictions on protests and political rallies, and ensure effective accountability for serious violations of these fundamental freedoms.
Respect the independence, freedom, diversity, and pluralism of the media, and ensure the safety of journalists from threats, physical and online violence, or judicial harassment and criminal prosecution for investigative and critical reporting.
On 4 January 2024 ISHR published a massive, complete compilation of all recommendations issued by UN human rights bodies – including the UN Special Rapporteurs and Working Groups, the UN Treaty Bodies, and the Office of the High Commissioner for Human Rights – on the human rights situation in China since 2018. Recommendations are sorted by topic and community affected.
This repository compiles all recommendations issued by UN human rights bodies to the Government of the People’s Republic of China since 2018, the year of its third Universal Periodic Review (UPR).
This includes recommendations in: Concluding Observations issued by UN Treaty Bodies following reviews of China in 2022 (Committee on the Rights of Persons with Disabilities (CRPD)) and 2023 (Committee on Economic, Social and Cultural Rights (CESCR), Committee on the Elimination of Discrimination Against Women (CEDAW)), as well as in Decision 1 (108) on the Xinjiang Uyghur Autonomous Region (XUAR) by the Committee on the Elimination of Racial Discrimination (CERD) under its Early Warning and Urgent Action Procedure; communications and press releases by UN Special Procedures (Special Rapporteurs and Working Groups), including Opinions by the Working Group on Arbitrary Detention; press releases by the Office of the High Commissioner for Human Rights (OHCHR) as well as the OHCHR’s assessment of human rights in the XUAR.
These UN bodies are composed of independent, impartial experts, from all geographic regions.
The recommendations are categorised by key topic or community affected. Yet, this repository does not cover all topics, nor does it include all recommendations issued by the above-mentioned UN bodies.
This repository maintains the original language of the recommendation issued by a given UN body, with minor formatting changes. For the appropriate links please go to the original document.
This repository does not include recommendations to the Governments of Hong Kong and of Macao. Please click here for the repository of recommendations on Hong Kong, and here for the repository of recommendations on Macao.
The topics include very useful ones such as:
Chinese human rights defenders, lawyers and civil society organisations in mainland China
Uyghur region
Tibet
National security legal framework, judicial independence and due process
Surveillance, censorship and free expression
Reprisals, meaningful cooperation with the UN, and unrestricted access to the country for UN experts
Transnational repression
LGBTI rights
Business and human rights, including business activities overseas
UN experts today emphasised the need for the international community to support civil society groups expressing international solidarity in pursuit of peace and social justice and not to conflate international solidarity with antisemitism or islamophobia. It is a remarkably large group of UN experts (see below). They have issued the following statement:
We would like to raise public awareness about the need to support concrete actions by civil society groups that express international solidarity in our pursuit of peace and social justice.
The Universal Declaration of Human Rights, Article 1 establishes universal solidarity as the foundation for human rights: “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood [and sisterhood].”
Around the world, civil society groups have expressed international solidarity in marches and social media campaigns to call for peace and the protection of civilians in armed conflict. Moreover, they have also expressed international solidarity in pursuit of non-discrimination and equality (the core elements of positive peace) by advocating access to justice, truth, protection, and humane treatment for: children, women, members of the LGBTAIQ+ community, persons affected by leprosy (Hansen’s disease), persons with disabilities, racialized, indigenous groups, and other minorities subjected to violence, hate speech, and discrimination, families of disappeared persons, refugees and migrants, victims of terrorism/violent extremism and counter-terrorism/violent extremism measures, and the environment.
The recent significant engagement of people of all ages and diverse backgrounds in the expression of international solidarity is a powerful affirmation of the value of human rights as a narrative of emancipation in response to violence, oppression, and marginalisation.
It is imperative that civil society actors not be subject to censorship and reprisals for their expression of international solidarity, including loss of funding, loss of employment, arrest, attack, harassment, persecution, criminalisation, or other forms of penalisation.
Actions and expressions that promote transnational unity, empathy, tolerance, and cooperation are the elements of a strong culture of international solidarity in support of peace and social progress.
The most striking impact of the contemporary expressions of international solidarity is their embrace of the principle of humanity – the demand to protect life and alleviate human suffering. The combination of these two universal principles underscores the priority of exhausting peaceful dispute resolution mechanisms before using force.
We call on the international community to encourage International Solidarity expressions of civil society groups and human rights defenders that acknowledge that everyone should enjoy human rights without discrimination of any type. States should open civic spaces and refrain from criminalising non-violent actions and expressions that promote international solidarity. International Solidarity should not be conflated with antisemitism, islamophobia, or other movements that are examples of exclusionary, segregated unitary orientations which violate non-discrimination and equality principles.
International Solidarity promotes inclusion through bridge-building and invites everyone to stand up for peace as a fundamental premise for the enjoyment of human rights.”
The occasion of UDHR@75 has let to many articles on its relevance to today’s world, which sees such a ‘heightened risk’ of mass atrocities due to global inaction and a diminished UN ‘responsibility to protect’ principle and ambition to prevent genocides, as stated by Julian Borger in the Guardian of 8 December 2023. These warnings come on the 75th anniversaries this weekend of the Genocide Convention and the Universal Declaration of Human Rights, both signed in the aftermath of the Holocaust in the hope that the world would act in concert to prevent a repeat of such mass slaughter.
Borger describes also in some detail how the USA’s ambition to stop atrocity crimes had “diminished in terms of its saliency within the administration as a guiding principle”
Two pieces in Geneva Solutions look at the UDHR closer:
One is by Pip Cook: “Universal Declaration of Human Rights: fit for the 21st century?” and the other by Marc Limon “After 75 years, what is the UN human rights system’s theory of change?”
The first starts with a good overview of the birth of the UDHR and then states: …”With the world facing human rights challenges on so many fronts, some might be tempted to dismiss the declaration as idealistic or unrealistic – a non-legally binding document that nations may claim to adhere to on the international stage but disregard entirely depending on their own political agendas. However, defenders of the UDHR argue that to judge it on how often it is violated is to miss its point altogether.
“I’m not sure how much the document can be judged on whether it’s always adhered to or not,” said Felix Kirchmeier, executive director of the Geneva Human Rights Platform. “That question comes up in human rights all the time, but it comes up much less in other domains. Nobody would ask whether health policy was still valuable now that we have the pandemic.”
“I think the declaration might be even more needed now than ever because it allows us to really see these core values and the universal approach to them,” he added. “The proof of its relevance is the fact that despite all violations of human rights and despite all the attacks to the universal validity of human rights, the document itself is not being disputed in any serious way,” he continued. “So I think that’s also proof of its strength.”
….Ultimately, perhaps the greatest value of the declaration is that it gave universal human rights a language. Known as the most translated document in the world, available in 500 different languages, it provides a rhetoric that people from all corners of the world still use to this day..
Pip closes with the words of Eleanor Roosevelt in her speech to the UN to mark the tenth anniversary of the declaration in 1958. Her words captured the reason why human rights are for every one of us, in all parts of our daily lives, as well as the world as a whole. “Where, after all, do universal human rights begin?” she began. “In small places, close to home – so close and so small that they cannot be seen on any maps of the world. Yet they are the world of the individual person; the neighbourhood he lives in; the school or college he attends; the factory, farm or office where he works.
The second piece by Limon – executive director of the Universal Rights Group - asks: …”Yet two equally – if not more – crucial questions linger: what was the Universal Declaration’s theory of change, meaning how did its authors intend for it to improve the situation of human rights for all “the Peoples” of the UN, and has the UN succeeded in translating the universal norms into local reality?”
Different actors have developed markedly different theories of what the UN human rights system is, what it is supposed to do, and how it is supposed to improve the situation of human rights at the national level.
For some, the system is mainly for the benefit of developing countries, and its principal utility is to respond to serious human rights violations and hold abusing states accountable. Its main purpose, in other words, is to protect human rights.
For others, it is a universal system in which all states should be treated equally. It is there to engage with them through cooperation and dialogue to gradually improve human rights laws, policies and practices over time, including through the delivery of international capacity-building support. The system’s main objective here is, in other words, to promote human rights.
For some, human rights norms should be in a constant state of progressive development, even in sensitive issues such as sexual orientation and gender identity, or sexual and reproductive health and rights, and should be imposed by the UN. Where states resist, it is because they are not committed to human rights and should be called out and forced to catch up.
For others, the UN is there to provide a platform where states can reach a common understanding of universal human rights norms. This is what happened in the case of the UN’s recognition of the right to a healthy environment. After that, it can provide capacity-building and technical support to help those countries making insufficient progress…
So, who is right? There is some truth to both views. For example, the mandate of the Human Rights Council explicitly includes both the protection and promotion dimensions of human rights. And therein lies the answer – the international human rights system, built from the foundations of the Universal Declaration, embodies different – yet complementary – theories of change.
The simple truth is that human rights change cannot be imposed from the outside, by certain states or even by the international community as a whole, without the consent of the state concerned. Bottom-up demands for change, for example, led by local civil society, can and frequently do succeed in securing improvements in the enjoyment of human rights, especially in democracies.
However, in many countries, the power imbalance between civil society and governments means that NGOs and local communities, acting alone, can be easily ignored or even suppressed.
Over a decade of the Universal Rights Group’s research shows that a winning approach, instead, is to combine top-down pressure for improvement with bottom-up calls for change within a framework that is accepted by the state or government and of which it feels a sense of ownership…
While the international human rights system, therefore, encapsulates different and complementary theories of change (think “carrot and stick”), for a vast majority of states, the vast majority of the time, the former theory of change is the most relevant.
As we celebrate the 75th anniversary of the Universal Declaration of Human Rights, there are increasing signs, from states (both developed and developing), civil society, the secretary general, the high commissioner, UN resident coordinators and others, of a shift towards a common understanding of this predominant theory of change. Building on that shared understanding and thereby effectively translating universal rights into local reality would truly be the best way to mark the adoption of this historic document.
On 5 December 2023, Mary Lawlor, the UN Special Rapporteur on the situation of human rights defenders concluded her visit to Algeria with the observation: “While I welcome the evident reforms which have taken place over the past four years and the new emphasis on public consultation, I regret that some human rights defenders who work on sensitive issues face continued restrictions”.
The UN expert observed four main patterns of violations used to suppress human rights defenders: ongoing judicial harassment, dissolution of key human rights organisations, limitations on freedom of movement and intimidation and surveillance leading to severely negative impacts on their mental health and that of their families.
“I was saddened that a handful of human rights defenders who attempted to travel to Tizi Ouzou, where I was holding meetings, were prevented from doing so and detained for 10 hours,” Lawlor said.
“Given Algeria’s recent history, robust laws relating to terrorism are clearly necessary,” the expert said. “However, it is disappointing that laws designed to prevent terrorism are instilling terror in human rights defenders through overly broad and vague definitions of what constitutes terrorism in the Penal Code.”
The Special Rapporteur noted that Article 87 bis of the Penal Code was one of the most frequently cited laws used to prosecute human rights defenders.
Despite this, the expert said there were many people working to protect and promote human rights with the full support of the government and the newly created consultative bodies in areas including women’s rights, children’s rights, healthcare, poverty relief and political participation. Based on this collaboration and experience, the Special Rapporteur believes the government is now better equipped to reach out to human rights defenders working on sensitive issues.
Lawlor welcomed the acquittal of three human rights defenders, Jamila Loukil, Kaddour Chouicha and Said Boudour, of terrorism charges in Dar El Baida court on Sunday.
“I hope this acquittal will kickstart a review process of Article 87 bis, and I stand ready to assist the Algerian government in any way I can in this regard,” she said.
11 human rights NGOs had publicly expressed their wish that this visit be an opportunity to free imprisoned activists and for reforms to see the light of day.
On 6 December, following the public report of this visit, NGOs support the main measures recommended by the Special Rapporteur, namely that: • The Algerian government must view Human Rights Defenders as allies and opportunities within society, not as threats. The signatories call for the repeal of all repressive laws and legislative provisions relating to the rights to freedom of association and peaceful assembly, and the adoption, on the basis of broad consultation with Algerian society, a regulatory framework complies with international standards notably respect for human rights in Algeria. • Many civil society organizations are in danger of disappearing. This is already the case of the Algerian League for the Defense of Human Rights (LADDH) and the Rassemblement Actions Jeunesse (RAJ). Civil society organizations must have the freedom to adequately play their role. • Several articles of law must also be reformed in accordance with international standards. This is the case of articles 79 and 87 bis of the Penal Code, relating to the attack on the integrity of the national territory and the fight against terrorism which are abusively used to imprison activists. The same goes for the Ban on Exiting the National Territory (ISTN) which is today used in a punitive manner to restrict the movement of human rights defenders in Algeria.
The signatories finally call on the Algerian government to release all prisoners of conscience and human rights defenders currently in prison
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