Archive for the 'Human Rights Council' Category

Today: International Human Solidarity Day

December 20, 2023

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 experts: Cecilia M. Bailliet, Independent Expert on human rights and international solidarity; Aua Baldé (Chair-Rapporteur), Gabriella Citroni (Vice-Chair), Angkhana Neelapaijit, Grażyna Baranowska, Ana Lorena Delgadillo Pérez, Working Group on enforced or involuntary disappearances; Reem Alsalem, Special Rapporteur on violence against women and girls, its causes and consequences;Tomoya Obokata, Special Rapporteur on contemporary forms of slavery, including its causes and consequences; Irene Khan, Special Rapporteur on the protection and promotion of freedom of opinion and expression; Farida Shaheed, Special Rapporteur on the right to education; Livingstone Sewanyana, Independent Expert on the promotion of a democratic and equitable international order; Alice Jill Edwards, Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; Paula Gaviria BetancurSpecial Rapporteur on the human rights of internally displaced persons;  Ben SaulSpecial Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism; Graeme Reid, Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity; Marcos OrellanaSpecial Rapporteur on toxics and human rights ; Alioune Tine, Independent Expert on the situation of human rights in Mali; Mama Fatima Singhateh, The Special Rapporteur on the sale, sexual exploitation and sexual abuse of children; Michael Fakhri, Special Rapporteur on the right to food; Beatriz Miranda GalarzaSpecial Rapporteur on the elimination of discrimination against persons affected by leprosy and their family members; Clément Nyaletsossi Voule, Special Rapporteur on the rights to freedom of peaceful assembly and of association.;  Dorothy Estrada Tanck (Chair), Claudia Flores, Ivana Krstić,  Haina Lu, and Laura Nyirinkindi, Working Group on discrimination against women and girls;  Damilola Olawuyi (Chairperson), Robert McCorquodale (Vice-Chairperson), Elżbieta Karska, Fernanda Hopenhaym, and Pichamon Yeophantong, Working Group on the issue of human rights and transnational corporations and other business enterprises; Carlos Salazar Couto  (Chair-Rapporteur), Sorcha MacLeod, Jovana Jezdimirovic Ranito, Chris M. A. Kwaja, Ravindran Daniel, Working Group on the use of mercenaries; Javaid Rehman, Special Rapporteur on the situation of human rights in the Islamic Republic of Iran; Gehad Madi, Special Rapporteur on the human rights of migrants; Richard Bennett, Special Rapporteur on the situation of human rights in Afghanistan; Tlaleng Mofokeng, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health; David BoydSpecial Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environmentAlexandra Xanthaki, Special Rapporteur in the field of cultural rights;  Priya Gopalan (Chair-Rapporteur),  Matthew Gillett (Vice-Chair on Communications),  Ganna Yudkivska (Vice-Chair on Follow-Up), Miriam Estrada-Castillo, and Mumba Malila, Working Group on arbitrary detention; Ms Attiya Waris, Independent Expert on the effects of foreign debt and other related international financial obligations and human rights.

https://www.ohchr.org/en/statements/2023/12/support-civil-societys-international-solidarity-efforts-peace-un-experts

Universal Declaration of Human Rights at 75: still relevant?

December 14, 2023

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 LimonAfter 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.

See also: https://humanrightsdefenders.blog/2023/12/07/udhr75-how-to-do-better-in-the-future-a-view-from-the-open-society-foundations/

https://www.ohchr.org/en/stories/2023/12/hr75-high-level-event-united-change

https://www.miragenews.com/marking-75th-anniversary-of-universal-1145001/

https://www.theguardian.com/law/2023/dec/08/un-and-us-efforts-to-stop-mass-atrocities-have-waned-activists-warn

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https://genevasolutions.news/human-rights/universal-declaration-of-human-rights-fit-for-the-21st-century

Mary Lawlor returns from Algeria visit

December 7, 2023

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

https://www.ohchr.org/en/press-releases/2023/12/algeria-continued-restrictions-human-rights-defenders-undermine-social

https://www.fidh.org/en/region/north-africa-middle-east/algeria/algeria-reactions-following-the-visit-of-the-special-rapporteur-on

Human Rights Defender Advocacy Programme 2024: applications now open

November 7, 2023

Are you a human rights defender keen to use the UN to push for change at home? If so, apply for the 2024 edition of ISHR’s flagship training, the Human Rights Defender Advocacy Programme (HRDAP)!

After a successful hybrid programme launched  in 2023, ISHR is pleased to launch the call for application for the 2024 edition of the Human Rights Defender Advocacy Programme (HRDAP), which will again take place both remotely and in Geneva! Below are some important dates to take into account before applying:

  • Mandatory distance learning course: 8 April – 3 June 2024 (part time)
  • In-person course in Geneva: 5- 15 June 2024 (full time)
  • Deadline to apply: 10 January 2024, midnight CET (Geneva Time)
  • Programme description with all the information can be downloaded here.
  • Application form can be found here.

The course equips human rights defenders with the knowledge and skills to integrate the UN human rights system into their existing work at the national level in a strategic manner, and provides an opportunity for participants to prepare for and engage in advocacy activities at the UN with the aim to effect change back home.

Defenders will complete a 10-week hybrid learning programme, online and offline, which will include:

  • Access to the HRDAP Platform, where they can complete e-learning courses on each key UN human rights mechanism and on advocacy strategies, access interactive learning materials and case studies on the ISHR Academy
  • Take part in live Q&A sessions with human rights experts
  • Receive a continuous advocacy support and coaching in order to develop concrete advocacy objectives to make strategic use of the international human rights system
  • Build networks around the world, and learn from peers from a range of regions working on a range of human rights issues
  • Apply their knowledge to case-studies scenarios and enhance their advocacy toolbox according to their specific needs
  • Receive support and advocacy accompaniment to conduct activities during the 56th and 57th Human Rights Council sessions and other relevant opportunities.

Participants will have the unique opportunity to apply their knowledge and skills while being in Geneva and practice, meet and share with their peers and experts. The blended format of the course allows defenders to continue their vital work on the ground, while diving into the inner workings of each key UN human rights mechanism, and gaining first-hand experience from advocates and UN staff on how civil society can strategically engage in the international human rights space.  

By participating in HRDAP, defenders:

  1. Gain knowledge and tools, which they can use to ensure their voice is central in international human rights decision-making
  2. Explore and compare the benefits of engagement with the Human Rights Council, the Special Procedures, the OHCHR, the Universal Periodic Review and the Treaty Bodies, and examine how they can use them to bolster their work at the national level
  3. Develop strategies and lobbying techniques to increase the potential of their national and regional advocacy work

Could you be one of our 2024 participants?

This programme is directed at experienced human rights defenders working in non-governmental organisations, with existing advocacy experience at the national level and some prior knowledge of the international human rights system.

ISHR supports, and promotes solidarity with and between, defenders working in the following areas or contexts, which we recognise as intersectional and interdependent:

  1. Equality, dignity and non-discrimination
  2. Environmental justice and sustainability
  3. International accountability for the repression of human rights defenders
  4. Transparency and rule of law

The hybrid programme will bring together around 16 committed human rights defenders from different backgrounds, who work on a wide range of areas that are linked with our programmes to ensure a sustainable collaboration. This can include, but is not limited to, defenders working on the following thematics: women rights; business, environment and human rights; the human rights of LGBTIQ+ persons; anti-racism; reclaiming civil society space and increasing protection of human rights defenders. 

What do former HRDAPers say?

16 human rights defenders from 15 countries took part in the last edition, HRDAP23. At the end of the training, 98% of the participants were either extremely satisfied or very satisfied with the programme and also felt that they would be able to apply what they learnt to their own day-to-day work. Find out more about the outcomes of HRDAP23 and where they are four months later, here.

See also: https://humanrightsdefenders.blog/2023/07/26/the-story-of-camila-zuluaga-hrd-from-colombia/. More testimonials from HRDAP23 here

How to apply?

First, download and read carefully the HRDAP 2024 Programme Description to find out more about modalities, requirements and funding. If you meet the criteria, take some time to apply using this online form before midnight Geneva time on Wednesday 10 January 2024!

As only a limited number of human rights defenders are able to participate in HRDAP each year, in addition to our range of guides and handbooks, ISHR has developed an e-learning space in English, French and Spanish to help human rights defenders strengthen their advocacy skills with the UN for greater impact on the ground: the ISHR Academy. The learning modules demystify the UN human rights system and build capacity to push for change. Discover new tools, insider tips, defender stories, and more!

For more information, please contact us : training@ishr.ch 

https://ishr.ch/latest-updates/hrdap-2024-apply-now-for-ishrs-hybrid-training-for-human-rights-defenders/

Matiullah Wesa, Afghan human rights defender, released but what about the others?

October 30, 2023
FILE - Matiullah Wesa, a girls' education advocate, reads to students in the open area in Spin Boldak district in the southern Kandahar province of Afghanistan on May 21, 2022. The Taliban have freed the Afghan activist who campaigned for the education of girls, a local nonprofit organization said Thursday, Oct. 26, 2023. Wesa was arrested seven months ago and spent 215 days in prison, according to the group, Pen Path.
Matiullah Wesa, a girls’ education advocate, reads to students in the open area in Spin Boldak district in the southern Kandahar province of Afghanistan on May 21, 2022. Siddiqullah Khan/AP

On 26 October 2023 AP reported that the Taliban have freed an Afghan activist who campaigned for the education of girls. Matiullah Wesa was arrested seven months ago and spent 215 days in prison, according to the group, Pen Path.

The Special Rapporteur on Human Rights of the United Nations Human Rights Council, Rina Amiri,, has welcomed the release of Matiullah Wesa, the founder of the “Rah-e-Qalam” organization and an education activist, and has called for the freedom of all human rights defenders in Afghanistan. Richard Bennett, the Special Rapporteur on Human Rights of the United Nations, has requested the immediate and unconditional release of all individuals detained “arbitrarily for defending their rights and the rights of others.”

Ataullah Wesa, Matiullah’s brother, announced on his social media account that he had been released after 215 days. However, some human rights activists and well-known members of Afghan civil society remain in prison.

Amnesty International said that Wesa should never have been jailed for promoting girls’ rights to education.

The Taliban de-facto authorities must release human rights defenders and women protesters Rasool Parsi, Neda Parwani, Zholia Parsi and Manizha Sediqi and all others who are unfairly kept behind bars for standing up for equality and denouncing repression,” the rights group tweeted.

https://www.ourmidland.com/news/education/article/taliban-free-afghan-activist-arrested-7-months-18449253.php

https://www.ohchr.org/en/press-releases/2023/10/taliban-must-immediately-release-women-human-rights-defenders-say-un-experts

Results of the 54th session of the UN Human Rights Council

October 15, 2023

On 13 October 2023 the ISHR and other NGOs shared their reflections on the key outcomes of the 54th session of the UN Human Rights Council [see: https://humanrightsdefenders.blog/2023/09/11/human-rights-defenders-at-the-54th-session-of-the-un-human-rights-council/:

…We firmly condemn all crimes and other grave violations under international law committed by both Israel and Palestinian armed groups. Targeted and indiscriminate attacks against civilians can never be justified. We call on the ICC Office of the Prosecutor to accelerate its investigation into serious crimes committed by all parties in Palestine and Israel. We call on Israel to ratify the Rome Statute, and for the ICC to hold both State and non-State perpetrators of international crimes accountable. We call on the Commission of Inquiry to address the situation within the context of its root causes: settler colonialism, apartheid, and denial of the fundamental rights to self-determination and return of the Palestinian people, all amounting to grave violations of international law. We call on governments to immediately stop providing political and military support to Israel, while Ministers manifest a genocidal intent against Palestinians. On 9 October 2023, Yoav Gallant, Israel’s Minister of Defense, stated: “We are imposing a complete siege on [Gaza]. No electricity, no food, no water, no fuel – everything is closed. We are fighting human animals, and we act accordingly”. We deplore the dehumanization of all people, including not mentioning  Palestinian civilians’ killings in statements in this Council. As we gear up to celebrate the 75th anniversary of the UDHR, we remind this Council that for 75 years, generations of people in Gaza and historic Palestine have not been born free and equal in dignity and rights. Until this is addressed, the cycles of violence will not end. As Israel continues to bomb the Rafah crossing, the international community has a duty to guarantee immediate humanitarian access to besieged Gaza. We call on States to establish an international protective presence in the OPT, as called for by UN Special Procedures.  For 75 years, the international community has enabled impunity and failed to fulfill the right to self-determination of Palestinian people, including through their legitimate right to resist colonialism.

The Council has shown that it does have an important role to play in addressing violations amidst multiple human rights crises. We welcome the establishment of the mechanism on Sudan and the extension of the Special Rapporteur on Russia, inter alia, in this regard. But these stand in stark contrast to its failure to renew the critical mandate on Ethiopia, particularly in light of the expert finding of the acute risk of ongoing and further atrocity crimes, as well as other Council blind spots where mounting human rights violations remain ignored. We stress the need for the Council to take a principled approach and to address situations on their merits. 

We remain deeply concerned about reprisals against civil society actors who engage or seek to engage with UN bodies and mechanisms. We call on all States and the Council to do more to address the situation, including raise concerns about specific cases of reprisals and demand that governments provide an update on any investigation or action taken toward accountability. We welcome the adoption of the resolution on cooperation with the UN, including the reference to adequately resourced dedicated civil society focal points, however we are disappointed that several proposals by States and civil society to strengthen the text were not taken on board. The Secretary General’s most recent report on reprisals notes increased physical and digital surveillance of those cooperating with the UN and application of laws aimed at punishing or deterring cooperation. While the resolution takes notes of these trends we regret that the resolution does not fully address how these should be addressed. We welcome the strong focus on prevention and emphasis given to accountability. Nonetheless, the preventative role the Council could play in regard to reprisals, as signs of deterioration in civic space conditions, is overlooked. In addition, States’ monitoring and reporting responsibilities in relation to allegations of acts of intimidation or reprisal could be addressed more fully. Also, we welcome the call to the SG for adequate resources to be allocated to OHCHR to prevent and address allegations.

We welcome the resolution on preventable maternal mortality and morbidity, which reiterates that PMMM is a human rights issue that requires a human rights-based approach response, centering inter alia the principles of accountability, meaningful participation of primarily affected people, non-discrimination and equality and transparency. The resolution aims at garnering political will to curb maternal mortality and morbidity rates that have been stagnating and failing to meet SDGs targets. The resolution rightly highlights the full realization of the right to sexual and reproductive health and the provision of comprehensive sexual and reproductive health information and services, including comprehensive sexuality education and safe abortion (with the caveat of not when against national law), as pre-conditions to lower PMMM. We welcome the call to update the technical guidance on a HRBA to PMMM. We however deplore the amendments put forward seeking to weaken the text and apply a protectionist lens to women’s rights to bodily autonomy, taking away their agency and their status of full rights holders under IHRL.

We express our support for a new resolution on the right to privacy in the digital age, which contains strong new standards under the theme of data protection. The resolution also contains stronger language on remote biometric surveillance systems, such as facial recognition, stressing that they raise serious concerns with regard to their proportionality. While we applaud that the resolution acknowledges that some applications of new and emerging technologies may not be compatible with international human rights law, we call for future iterations to take a step further in establishing “red lines” and to call for bans of such technologies. We also urge the core group to address other emerging issues for the right to privacy in the future, such as social media monitoring.

We welcome the adoption of the resolution on the question of the death penalty aimed at ensuring that criminal justice systems are consistent with international human rights obligations in relation to capital punishment, with a focus on the relation between Art 6 and Art 14 of the ICCPR, particularly on the right to seek pardon or commutation of the sentence, and the right to have one’s conviction reviewed by a higher tribunal according to law. In accordance with the safeguards guaranteeing the protection of the rights of those facing the death penalty, as set out in the annex to Economic and Social Council Resolution 1984/50. We welcome that any attempt by a number of States to undermine the aim of the resolution through a number of amendments, have been rejected.           

We welcome the adoption of the resolution from rhetoric to reality: a global call for concrete action against racism, racial discrimination, xenophobia and related intolerance’ and the mandate renewal of the Working Group of Experts of People of African Descent (WGEPAD). We welcome that the rhetoric to reality resolution, interalia, strongly condemns the discriminatory treatment, unlawful deportations, excessive use of force and deaths of African migrants and migrants of African descent, including refugees and asylum-seekers, at the hands of law enforcement officials engaged in migration and border governance. It calls on States to ensure accountability and reparations for human rights violations at borders and to adopt a racial justice approach, including by adopting policies to address structural racism in the management of international migration. However, we regret that it did not reiterate that the transatlantic trade in enslaved Africans and colonialism were grave violations of international law that require States to make reparations proportionate to the harms committed and to ensure that structures in the society that are perpetuating the injustices of the past are transformed, including law enforcement and the administration of justice. We urge all States to fully implement the Durban Declaration and Programme of Action (DDPA). We also call on States to fully cooperate with the WGEPAD and EMLER including by accepting country visits, and implementing their recommendations as well as those from the Permanent Forum and the High Commissioner’s Agenda towards Transformative Change for Racial Justice and Equality.

We welcome the adoption of the resolution on the human rights situation in the Russian Federation, and the re-mandating of the Special Rapporteur. The human rights situation in Russia has drastically deteriorated in the past year, and the Special Rapporteur needs more time to report on the general situation in the country and the Council to equally be able to scrutinize the situation.

We welcome the adoption of the resolution on a Working Group on the rights of Peasants and Other People Working in Rural Areas. The resolution recognizes the contributions of peasants and other people working in rural areas in ensuring the right to adequate food and nutrition, a clean, healthy and sustainable environment, as well as to conserving and improving biodiversity. It calls upon all States and all stakeholders to cooperate fully with the Working Group on the Rights of Peasants and Other People Working in Rural Areas. The establishment of an interdisciplinary WG with balanced geographical representation will promote the effective and comprehensive implementation of the UNDROP and provide opportunities to share and promote good practices and lessons learned on the implementation of the UNDROP.

We welcome the adoption of the resolution on Afghanistan, which extends and strengthens the mandate of the Special Rapporteur. However, we are dismayed that the HRC once again failed to establish an independent investigative mechanism, despite compelling evidence for its need. This risks the entrenchment of impunity for crimes against humanity. This body must center rights holders and survivors, and heed the call of Afghan civil society, who have consistently asked for such a mechanism. We urge States to recognise the situation of women and girls in the country as amounting to gender apartheid, and to support the codification of this crime in the draft Articles on Crimes against Humanity.

We regret that the item 10 resolution on Yemen, again fails to respond to the urgent need for accountability for past and on-going violations and abuses in Yemen.

We welcome the adoption of the resolution on the enhancement of technical cooperation and capacity-building in the field of human rights and its focus on the Universal Periodic Review. The resolution contains a number of key references to the positive role civil society plays in technical assistance, and the possible role multi-stakeholder partnerships between States, UN agencies and civil society can play in supporting the implementation of international human rights obligations by UN Member States. The establishment of an online repository of technical cooperation and capacity-building activities could help civil society identify advocacy opportunities in regards to country-specific situations, in collaboration with UN agencies, as well as opportunities to share best practices and capitalize on lessons learned in regard to technical assistance.

We welcome the renewal of the mandate of the Special Rapporteur on the situation of human rights in Cambodia. In a context defined by systematic targeting and silencing of human rights defenders, critics and political opponents, the Special Rapporteur’s independent and objective assessment of the situation is more important than ever. However, we regret that the resolution once again failed to adequately reflect the reality of the situation and attempted to justify continuing restrictions on civil and political space on the basis of the country’s political and historical particularities as well as national legislation that contradict its international obligations.

We welcome the resolution on the rights of older persons and its important focus on the right of older persons to live free from violence, abuse, and neglect. Now, more needs to be done to ensure that older persons’ rights are protected in reality, including by establishing an international treaty on the rights of older persons.

We welcome the allocation of additional resources to the OHCHR in the area of economic, social and cultural rights, with the adoption of the resolution on ESCR and inequalities.

One year after the release of the OHCHR report finding possible crimes against humanity committed by China against Uyghurs and Muslim minorities, we deplore the sustained failure of this Council to engage in dialogue on the matter, let alone prevent the continuation of abuses. We regret the absence of a joint statement on China at the Council in 2023. The CESCR, the CEDAW, the CERD, the OHCHR, the ILO, as well as Special Procedures through three joint statements, nearly 30 press releases and over 100 letters to the government since 2018, have provided overwhelming evidence pointing to systematic and widespread human rights violations across the country. So long as the Council is not able to take principled action on the basis of objective criteria, other powerful perpetrators will feel empowered to continue committing atrocity crimes, relying on the Council’s silence. We reiterate our pressing call for all Council Members to support the adoption of a resolution establishing a UN mandate to monitor and report on the human rights situation in China.

Finally, we note the outcomes of the Human Rights Council elections. We welcome that Russia’s candidacy was defeated but regret the election of other members responsible for atrocity crimes, widespread civil society repression, and patterns of reprisals.

Signatories: International Service for Human Rights (ISHR), International Federation for Human Rights (FIDH), GIN SSOGIE NPC, Cairo Institute for Human Rights Studies, FIAN International, Asian Forum for Human Rights and Development (FORUM-ASIA).

See also: https://www.jurist.org/news/2023/10/un-human-rights-council-adopts-5-new-resolutions-including-renewal-of-un-mandate-in-burundi/ 

https://ishr.ch/latest-updates/hrc54-civil-society-presents-key-takeaways-from-human-rights-council/

https://rightlivelihood.org/news/54th-un-human-rights-council-we-shed-light-on-activist-repression-indigenous-peoples-plight-in-nicaragua-environmental-degradation/

Elections to the next UN Human Rights Council: some good and quite some bad news

October 13, 2023

A year after being suspended from the body, Russia will not be returning to the UN Human Rights Council in January, despite its best efforts. Running for one of two seats allocated to countries from Central and Eastern Europe, Russia received only 83 votes, significantly less than competitors Albania (123) and Bulgaria (163).

With this vote, States have acted in line with General Assembly resolution 60/251 and stopped Russia’s brazen attempt to undermine the international human rights system,’ said Madeleine Sinclair, co-director of ISHR’s New York office. ‘Russia must answer for a long list of crimes in Ukraine and for its ruthless and longstanding crackdown on civil society and individual liberties at home. We’re relieved voting States agreed that it could not have legitimately held a seat at the UN’s top human rights body,’. [see also: https://humanrightsdefenders.blog/tag/russia/]

In the only other competitive race, between States from Latin American and the Caribbean, the General Assembly re-elected Cuba, one of Russia’s most consistent allies. Cuba ran for one of three seats for Latin America and the Caribbean, facing three competitors and coming in first, with 146 votes, ahead of Brazil (144), the Dominican Republic (137) and Peru (108).

Results for Asia and Africa were as disappointing as they were predictable, with the election of China and Burundi. Both States ran in uncompetitive races, with only as many candidates as seats available, thus all but assured to win. They were elected with 154 (China) and 168 (Burundi), finishing bottom of each of their respective regional slates with noticeably fewer votes than their direct competitors. 

Both countries are objectively and manifestly unsuitable for the Human Rights Council in view of their domestic records, their past actions as Council members, and the very criteria that nominally governs membership of the Council.

ISHR has been campaigning to call on States at the General assembly to vote in accordance with resolution 60/251 and to use their votes to ensure a strong and principled Human Rights Council. ISHR produced a series of individual and regional scorecards examining the records of all 17 candidates running this year.

https://ishr.ch/latest-updates/general-assembly-states-stave-off-cynical-russian-attempt-to-return-to-the-human-rights-council/

For more on scoring, see: https://www.universal-rights.org/2023-elections-to-the-human-rights-council-did-ga-members-vote-according-to-human-rights-criteria/

Universal Declaration of Human Rights becomes 75 (#HumanRights75)

October 1, 2023

We are on a 75 day countdown to Human Rights Day. On 10 December every year is the anniversary of the Universal Declaration of Human Rights. This year, it is a milestone. #HumanRights75

UN Secretary-General’s Report 2022/23 on Reprisals : lack of progress

September 29, 2023

On Monday 18 September, over 50 activists, members of civil society organisations and diplomatic partners gathered on Geneva’s Place des Nations, unfurling a giant banner celebrating the right to defend human rights, as enshrined in the foundational UN Declaration on Human Rights Defenders.

The banner and gathering were meant to mark the 25th anniversary of the Declaration, which was adopted by the UN General Assembly in 1998. The document explicitly laid out the rights of human rights defenders and the protection owed to them by governments and businesses, emphasising that everyone has the right to advocate and defend rights and fundamental freedoms.

On 28 September 2023, the UN Secretary-General’s report on reprisals was presented, which covers the period from 1 May 2022 to 30 April 2023. Over 220 individuals and 25 organizations in 40 countries across the world faced threats and retaliation from State and non-State actors for cooperating with the UN on human rights.

Human rights defenders and other civil society actors are increasingly under surveillance and continued to face legal proceedings, travel bans and threats, and be given prison sentences for cooperating with the UN and the UN’s human mechanisms.

A global context of shrinking civic space is making it increasingly difficult to properly document, report and respond to cases of reprisals, which means that the number is likely much higher,” said Assistant Secretary-General for Human Rights Ilze Brands Kehris in her presentation to the Human Rights Council in Geneva. [see also: https://humanrightsdefenders.blog/2020/11/16/new-assistant-secretary-general-wants-to-improve-civil-society-participation-in-the-general-assembly/]

Among the growing trends noted in the report is the increase in people either choosing not to cooperate with the UN due to concerns for their safety, or only doing so if kept anonymous. 

Victims and witnesses in two-thirds of the States listed in the report requested anonymous reporting of reprisals, compared with one-third in last year’s report.  And most people who reported facing reprisals for their cooperation with the Security Council and its peace operations, as well as with the UN Permanent Forum on Indigenous Issues did so on the condition of anonymity.

A second trend was the increasing surveillance of those who cooperate or attempt to cooperate with the UN, being reported in half of the countries named in the report.  An increase in physical surveillance by State actors was also noted, likely linked to the return to in-person forms of engagement with the UN.

Third, almost forty-five per cent of the in the report continued to apply or enact new laws and regulations concerning civil society, counter-terrorism and national security, which punish, deter or hinder cooperation with the UN and its human rights mechanisms. 
These legislative frameworks represent severe obstacles to long-standing human rights partners of the UN worldwide, and were used to outlaw some of them, raid their offices, and question, threaten or try their staff.

Finally, the specificity and severity of acts of reprisals against women and girls, which constitute half of the victims in this year’s report, was once again identified with concern.

Most of them are human rights defenders and civil society representatives targeted for their cooperation with UN human rights mechanisms and peace operations, but there is also a significant number of judicial officers and lawyers subjected to reprisals for their cooperation with the UN in search of accountability and remedy.

We have a duty to those who put their trust in us,” said Brands Kehris. “That is why at the UN, we are determined to live up to our collective responsibility to prevent and address intimidation and reprisals against those who cooperate with the organization and its human rights mechanisms.” 

The 40 States referred to in the report are: Algeria, Afghanistan, Andorra, Bahrain, Bangladesh, Belarus, Burundi, Cameroon, China, Colombia, Cuba, Democratic Republic of the Congo, Djibouti, Egypt, France, Guatemala, India, Indonesia, Iran (Islamic Republic of), Iraq, Israel, Saudi Arabia, Libya, Maldives, Mali, Mexico, Myanmar, Nicaragua, Pakistan, the Philippines, Qatar, the Russian Federation, South Sudan, United Republic of Tanzania, United Arab Emirates, Uzbekistan, Viet Nam, Venezuela (Bolivarian Republic of), Yemen, and the State of Palestine.

The full report at A/HRC/54/61

https://ishr.ch/latest-updates/defenders-gather-before-the-un-headquarters-to-call-for-better-protection-of-their-work/

https://genevasolutions.news/human-rights/punished-for-speaking-up-at-the-un

British Airways ends solidarity trip for al-Khawaya

September 18, 2023

Maryam Al-Khawaja (second right) with members of the human rights delegation who were denied boarding a flight to Bahrain. (c) AI

Bahrani activist Maryam al-Khawaja said on Friday she was denied boarding on a flight to Bahrain by British Airways as she tried to return home to raise awareness of the condition of her imprisoned father. [see: https://humanrightsdefenders.blog/2023/09/14/more-join-maryam-al-khawajas-solidarity-trip-to-bahrain-to-be-continued/]

In a video message posted on X, Khawaja said she was not allowed to board a flight at London’s Heathrow Airport “despite being a Bahraini citizen”.

I was told I have to speak to Bahraini immigration if I want to get a boarding pass to Bahrain. So effectively we are being denied boarding by British Airways on behalf of the Bahraini government,” she said.

Agnes Callamard, the secretary-general of Amnesty International, was among those accompanying Khawaja and said on X that she had also been denied boarding. “Our human rights delegation members are all denied a boarding pass. We are told that British Airways has been instructed by the Bahrain immigration authorities not to give us a boarding pass,” she posted.

A spokesperson for the British Airways Press Office said: “All airlines are legally obliged to comply with immigration control laws and entry requirements for customers as set by individual countries,” he told Middle East Eye in a statement and a government spokesperson in Bahrain added: “…as with other countries, Bahrain reserves the right to refuse entry, if deemed necessary.”

Sayed Alwadaei, a Bahraini activist, and the director of advocacy at the UK-based Bahrain Institute for Rights and Democracy (BIRD), raised concern over al-Khawaja being denied boarding the flight.

“If a Bahraini citizen gets their rights denied at Heathrow airport, in London, in front of international observers and in front of heads of international rights organisations, then imagine what happens to prisoners behind bars, what is happening to Maryam’s father and other political prisoners who are suffering torture and systematic medical denial and slow death without anyone monitoring,” he told MEE. See: https://www.adhrb.org/2023/10/adhrb-at-hrc54-al-singace-al-khawaja-and-naji-fateel-face-reprisals-including-medical-neglect-2/#utm_source=rss&utm_medium=rss

Campaigners and the heads of human rights organisations informed MEE that they are planning to peacefully protest outside the Bahraini embassy in London later today in response to not being allowed to travel to Bahrain. 

Responding to the news, Olive Moore, the Executive Director of Frontline Defenders said that the decision not to let her board the flight was “unjustifiable“.

See also: https://www.ohchr.org/en/press-releases/2023/09/bahrain-un-expert-alarmed-health-human-rights-defenders-prison

https://www.theguardian.com/law/2023/sep/15/bahraini-human-rights-defender-stopped-from-travelling-to-kingdom-to-visit-imprisoned-father

https://www.middleeasteye.net/news/bahrain-activist-denied-boarding-british-airways-manama