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India: attacks on human rights defenders abound under Unlawful Activities Prevention Act

October 7, 2018

I recently wrote about India’s shameful place in the list of countries that practice reprisals [https://humanrightsdefenders.blog/2018/09/22/attack-on-human-rights-defenders-in-india-are-an-attack-on-the-very-idea-of-india/]. On 5 October 2018 this was followed by a joint statement by a large number of UN experts (Mr. Michel Forst, Special Rapporteur on the situation of human rights defenders; Ms. Fionnuala D. Ní Aoláin, Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism; Mr. Fernand de Varennes, Special Rapporteur on minority issues; Mr. David Kaye, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; Ms. Ivana Radacic (Chair), Ms. Meskerem Geset Techane (Vice Chair), Ms. Elisabeth Broderick, Ms. Alda Facio, Ms. Melissa Upreti, Working Group on the issue of discrimination against women in law and in practice; Ms. E. Tendayi Achiume, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance; Mr. Seong-Phil Hong (Chair), Ms. Leigh Toomy (Vice-Chair), Ms. Elina Steinerte (Vice-Chair), Mr. José Guevara, Mr. Setondji Adjovi, Working group on arbitrary detention) saying that India uses terrorism charges as a pretext to silence human rights defenders

The UN human rights experts did so in the context of terrorism charges – under the Unlawful Activities Prevention Act (UAPA) – laid against 10 human rights defenders working with India’s poorest and most marginalised communities, including the Dalits, and urged authorities to ensure their cases are promptly heard in line with international law. All were arrested in June in connection with investigations into a public meeting organised a day before the 200th anniversary of the commemoration of a battle at Bhima-Koregaon, an important cultural event and a symbol of Dalit empowerment. Police subsequently claimed that the human rights defenders had links with ‘unlawful organisations’. “We are concerned that terrorism charges brought in connection with the commemoration of Bhima-Koregaon are being used to silence human rights defenders who promote and protect the rights of India’s Dalit, indigenous, and tribal communities,” the UN experts said. “We are very concerned about the charges against the human rights defenders and the continuing detention of nine of them,” the UN experts said. “All have been active in peacefully defending human rights, including those of marginalised and minority communities, political prisoners, and women, and their arrests appear to be directly related to their human rights work.

In June2018 Front Line Defenders listed as some of these:

Surendra Gadling <https://www.frontlinedefenders.org/en/profile/surendra-gadling> a human rights lawyer and General Secretary of the Indian Association of Peoples’ Lawyers (IAPL).

Rona Wilson <https://www.frontlinedefenders.org/en/profile/rona-wilson> is a member of the Committee for the Release of Political Prisoners (CRPP), which has campaigned against the Unlawful Activities (Prevention) Act and other repressive laws.

Sudhir Dhawale <https://www.frontlinedefenders.org/en/profile/sudhir-dhawale> is a Dalit rights activist and the editor of the Marathi magazine ‘Vidrohi’.

Shoma Sen <https://www.frontlinedefenders.org/en/profile/shoma-sen> is a professor at Nagpur University and a long time Dalit and women’s rights activist.

Mahesh Raut <https://www.frontlinedefenders.org/en/profile/mahesh-raut> is a land rights activist working with Gram Sabhas in the mining areas of Gadhchiroli.

On 5 July 2018, Front Line reported that human rights lawyer Advocate Sudha Bhardwaj released a statement refuting the false allegations and defamatory statements levelled against her by Arnab Goswami, news anchor and managing director of Republic TV. In a program that aired on 4 July 2018, Arnab Goswami alleged that the human rights defender was linked to Maoists. (https://www.frontlinedefenders.org/en/profile/sudha-bhardwaj). Sudha Bhardwaj firmly denied that the letter was written by her, and refuted the false allegations as defamatory and hurtful. She also expressed incredulity at the fact that the source of the letter had not been revealed, and that the letter had surfaced at the studio. She believes that the malicious and fabricated attack on her is a result of a press conference she had addressed in Delhi on 6 June 2018, condemning the arrest of Advocate Surendra Gadling. Front Line adds that This smear campaign comes as a part of an ongoing crackdown against human rights lawyers in India, especially those who work with Adivasi people and Dalits. Front Line Defenders condemns the smear campaign against human rights defender Sudha Bhardwaj, which it considers to be in retaliation to her legitimate and peaceful human rights work. Front Line Defenders expresses its concern for the security of Sudha Bhardwaj, particularly as the inflammatory allegations may motivate judicial harassment or other forms of retaliation.

—–

https://www.jurist.org/news/2018/10/un-experts-decry-india-terrorism-charges-against-human-rights-defenders/

https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23686&LangID=E

https://www.frontlinedefenders.org

Posted in Front Line, human rights, Human Rights Defenders, OHCHR, UN | Leave a Comment »
Tags: anti terrorism legislation, Dalit, defamation, detention, Front Line (NGO), Human Rights Defenders, human rights lawyers, India, Mahesh Raut, Rona Wilson, Shoma Sen, Sudha Bhardwaj, Sudhir Dhawale, Surendra Gadling, UN Special Rapporteurs, Unlawful Activities Prevention Act (UAPA)

Children as Human Rights Defenders: UN Committee has discussion

September 29, 2018

On 28 September the United Nations’ Committee on the Rights of the Child held a Day of General Discussion on the topic “Children as Human Rights Defenders”. United Nations Deputy High Commissioner for Human Rights, Kate Gilmore, gave the opening speech; here some excerpts:

….It is my great pleasure to join in welcoming you all to this Day of General Discussion on Children Human Rights Defenders..I am most excited of course to be welcoming the members of the Child Advisory Team. You make this such a very special moment for us all – for us personally who work here and for the human rights work we try to do here. This year is the 20th birthday of the UN Human Rights Defenders Declaration and the 70th birthday of the UDHR. ….

Today, we will talk with you, about you. We will listen to you, …….

….We older people have failed you – have failed children. In so many places, in so many ways – older people are still failing children…….

Yet, the strange thing about this, is that it was older people – even older people – including some working 70 years ago – who made those laws and standards that recognise you have those rights, and yet it is older people who are breaking those promises.

……………If young age is no barrier to experiencing the worst consequences of older people’s decisions, then why use young age as an excuse to leave you out, to lock you out, from the places where those decisions could be changed. As human rights defenders, you know far better than I do why it is so important that we rethink the power relationship between older and young people. If we would just change how we older people relate to children, make more room for you, listen to you more respectfully, value your experiences more, keep our promises to you then maybe we too would grow up and with you, just get on with changing the world for better.

https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23654&LangID=E

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Tags: children, Human Rights Defenders, Kate Gilmore, rights of children, speech, UN Committee on the rights of the Child

High Commissioner, please put human rights defenders up front

September 20, 2018

In a briefing paper for the new UN High Commissioner for Human Rights, Michelle Bachelet, ISHR has set out ten concrete and practical ways in which the High Commissioner and her Office can contribute to protecting human rights defenders and promoting a safe and enabling environment for their work at the international and national-levels.

‘Supporting and empowering these defenders – and protecting them against those governments, corporations and fundamentalists whose currency is prejudice, profit or privilege – should be the new High Commissioner’s highest priority. She should consult closely with defenders, speak out and pursue accountability when they are attacked, push for laws and mechanisms to protect them at the national level, and ensure that the UN human rights system is safe, accessible and effective for them,‘ ISHR Director Phil Lynch said.

The ISHR briefing paper complements a broader civil society letter supported by more than 750 civil society [https://humanrightsdefenders.blog/2018/09/08/civil-society-sends-letter-to-new-high-commissioner-for-human-rights-bachelet/].

Recommendations for the High Commissioner to support human rights defenders

Be proactive in regularly consulting and working in partnership with human rights defenders and other independent civil society actors.
Make clear and regular statements on the essential role played by human rights defenders and the need to ensure they can work in a safe and enabling environment without fear or hindrance, acknowledging the protection needs of particular groups of defenders.
Speak out and demand accountability on cases of threats, attacks and reprisals against human rights defenders, including by calling for and supporting impartial investigations, prosecution of perpetrators, and effective remedies for victims.
Push and work with States to fulfil the commitments laid out in the UN Declaration on Human Rights Defenders, including through repealing restrictive legislation and developing specific laws, policies and mechanisms to protect defenders.
Establish a comprehensive set of indicators to assess State fulfilment of human rights obligations related to human rights defenders, which could be used as an evidentiary basis for assessing compliance.
Build strategic alliances with States, civil society, academics, business enterprises and other actors with a shared interest in human rights, ensuring an enabling environment for civil society and respect for the rule of law.
Define an operating procedure at OHCHR to ensure that all offices establish and apply minimum standards in regard to their work on and with human rights defenders.
Encourage the Secretary General to carry out a full audit of UN work on human rights defenders and to develop an organisation-wide policy on supporting and protecting defenders. More generally, work closely with the Secretary-General to ensure that all UN agencies contribute to, and coordinate on, the protection of defenders and ensuring an enabling environment for their work.
Encourage the development and implementation of an effective UN-wide policy on preventing and addressing reprisals and strongly support continuation and adequate resourcing of the mandate of the UN Senior Official on reprisals.
Work to ensure that UN human rights bodies and mechanisms are accessible, effective and protective for human rights defenders, in particular by ensuring that any reform efforts are informed by the full and meaningful participation of civil society. Strong leadership from the High Commissioner is essential to ensure that the process to strengthen the Treaty Bodies in 2020, and the General Assembly mandated status review of the Human Rights Council in 2021, are underpinned by these principles.

http://www.ishr.ch/news/high-commissioner-put-human-rights-defenders-front

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Tags: Human Rights Defenders, ISHR, Michelle Bachelet, open letter, Phil Lynch, reprisals, UN High Commissioner for Human Rights, UN Human Rights Council

Many HRD issues at the 39th session of the UN Human Rights Council

September 8, 2018

The 39th session of the UN Human Rights Council is held from coming Monday to 28 September 2018. Human Rights Defenders issues abound. Thanks to the excellent overview of the ISHR I can provide a short summary. To stay up-to-date, follow @ISHRglobal and #HRC39 on Twitter.

Reprisals

On 19 September, the Council will hold its first dedicated interactive dialogue on reprisals. It will engage with the Assistant Secretary General for Human Rights (Andrew Gilmour) who as UN senior official on reprisals will present the Secretary General’s annual report on the United Nations’ “the reprisals report”. The dedicated dialogue to address acts of intimidation and reprisals was mandated by the resolution on reprisals in September 2017 and provides a key opportunity for States to raise concerns about reprisals, and demand that Governments involved in existing cases provide an update on any investigation or action taken toward accountability. [for some of my earlier posts on reprisals: https://humanrightsdefenders.blog/tag/reprisals/]

Other key thematic reports relevant to HRDs

The Council will hold interactive dialogues and consider the reports of the Working Group on Arbitrary Detention, including on their country visits to Argentina and Sri Lanka, as well as the Working Group on Enforced or Involuntary Disappearance including on their country visit to Gambia.

The Council will consider the human rights of indigenous peoples on several occasions: it will hold a panel on the issue (see further below), the annual reports by the High Commissioner, the Special Rapporteur on the rights of indigenous peoples, including on her visits to Mexico and Guatemala, and the Expert Mechanism on the Rights of Indigenous Peoples.

The Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence will also present his annual report, followed by an interactive dialogue, in addition to discussing the Secretary General report on the prevention of genocide.

The Council will discuss the report of the Secretary-General on capital punishment and the implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty.

The Council will also discuss the report of the High Commissioner on mechanisms concerned with ensuring the safety of journalists and the Council will consider a resolution on the issue. The first informal consultation is scheduled for 11 September at 15:30.

The Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes will present a set of principles for States, businesses and other actors to protect workers, including the need to protect worker representatives and human rights defenders from reprisal.

Country-specific developments

Burundi. During its 36th session, the Council passed two resolutions on Burundi (read here ISHR’s analysis of these two resolutions). At the 39th session, the Council will hold an interactive dialogue with the High Commissioner on his final report on Burundi on 11 September from 15:00 to 18:00. The Council will also hold an interactive dialogue with the Commission of Inquiry on 17 September between 09:00 and 12:00. ISHR continues to remain highly concerned about the human rights situation in Burundi and its refusal to cooperate with the Council’s mechanisms, which clearly warrant an invitation to the General Assembly to consider the suspension of Burundi as a member of the Council. ISHR joined a group of NGOs in calling for the renewal of the mandate of the Commission of Inquiry. [for earlier posts on Burundi: https://humanrightsdefenders.blog/tag/burundi/]

Yemen. Last September, the Council appointed a Group of Eminent Experts to carry out a comprehensive examination of all alleged violations of international human rights law committed by all parties to the conflict since September 2014. They will present their report followed by an interactive dialogue on 26 September from 09:00 to 12:00. The Council will also consider a report of the High Commissioner on the human rights situation in Yemen and on the implementation of the technical assistance. The Group of Eminent Experts’ report strongly suggests that parties to the armed conflict have perpetrated, and continue to perpetrate, violations and crimes under international law. Over 50 civil society organisations have called on the Council to renew and strengthen the mandate of the Group of Eminent Experts through the enhancement of its reporting structure and strengthening language on accountability.

China. The 39th session is the final session before China’s Universal Periodic Review. [https://humanrightsdefenders.blog/2016/03/15/remember-2nd-anniversary-of-the-death-of-cao-shunli/; https://humanrightsdefenders.blog/2018/03/26/chinas-win-win-resolution-gets-the-votes-in-the-un-council/ and many more]

Other country situations where HRD issues are relevant

The Council will hear 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.

They include:

Interactive dialogue with the Commission on Syria
Interactive dialogue with the Commission on human rights in South Sudan
Interactive dialogue with the Fact-finding mission on Myanmar
Interactive dialogue on the High Commissioner’s oral update on Ukraine
Interactive dialogue on the High Commissioner’s report on the Democratic Republic of the Congo
Interactive dialogue on the High Commissioner’s oral update on Libya
Interactive dialogue with the Special Rapporteur on Cambodia
Interactive dialogue with the Independent Expert on Somalia
Interactive dialogue with the Independent Expert on Sudan
Interactive dialogue with the Independent Expert on the Central African Republic

Adoption of Universal Periodic Review (UPR) reports

During this session, the Council will adopt the UPR working group reports on Turkmenistan, Burkina Faso, Cabo Verde, Colombia, Uzbekistan, Tuvalu, Germany, Djibouti, Canada, Bangladesh, Russian Federation, Azerbaijan, Cameroon, and Cuba.

Appointment of mandate holders

The President of the Human Rights Council has proposed candidates for the following two vacancies of mandate holders to be filled at this session:

Special Rapporteur on the situation of human rights in Belarus
Special Rapporteur on the situation of human rights in Eritrea

Resolutions to be presented to the Council’s 39th session

At the organisational meeting the following resolutions relevant to HRDs were announced (States sponsoring the resolution in brackets):

The human rights situation in Yemen (Yemen and a group of countries)
The protection of human rights in the Democratic Republic of Congo (Togo on behalf of the African group)
The protection of human rights in the Sudan (Togo on behalf of the African group)
World Programme for Human Rights Education (Brazil, Costa Rica, Italy, Morocco, Slovenia, Senegal, Philippines, Thailand)
The human rights situation in Syria (France, Germany, Italy, Jordan, Kuwait, Morocco, Qatar, Saudi Arabia, Turkey, the United Kingdom)
The human rights situation in Somalia (the UK and a group of countries)
The safety of journalists (Austria, Brazil, France, Greece, Morocco, Qatar and Tunisia)
The human rights of indigenous peoples (Guatemala and Mexico)
The promotion and protection of the human rights of peasants and other people working in rural areas (Bolivia, Cuba, Ecuador, South Africa)
The human rights situation in Burundi (the European Union)
The human rights situation in Myanmar (the European Union)
Equal participation in political and public affairs (Botswana, Czech Republic, Indonesia, Netherlands, Peru)
The situation of Rohingya muslims and other minorities in Myanmar (Pakistan on behalf of the Organisation for Islamic Cooperation)

Panel discussions

During each Council session, panel discussions are held to provide member States and NGOs with opportunities to hear from subject-matter experts and raise questions. All panel discussions will be broadcast live and archived on http://webtv.un.org. Three panel discussions are scheduled for this upcoming session:

The high-level panel discussion to commemorate the seventieth anniversary of the Convention on the Prevention and Punishment of the Crime of Genocide will take place on 13 September from 10:00 to 12:00.
The annual half-day panel discussion on the rights of indigenous peoples will take place on 19 September from 9:00 to 11:00. The theme will be the participation and inclusion of indigenous peoples in the development and implementation of strategies and projects in the context of the 2030 Agenda for Sustainable Development.
The annual discussion on the integration of a gender perspective throughout the work of the Human Rights Council and that of its mechanisms will take place on 24 September from 16:00 to 18:00. The theme will be gender integration and human rights investigations: strengthening a victim-centred approach.

Side events. As always there will be many side events concerning HRDs to which I will refer in the future.

——

https://www.ishr.ch/news/hrc39-key-issues-agenda-september-2018-session

Posted in human rights, Human Rights Council, Human Rights Defenders, ISHR, OHCHR, UN | 2 Comments »
Tags: agenda, Andrew Gilmour, anti-reprisals focal point, Burundi, Human Rights Defenders, interactive dialogue, ISHR, reprisals, Resolution, UN Human Rights Council, UN Special Rapporteurs, Yemen

Civil Society sends letter to new High Commissioner for human rights Bachelet

September 8, 2018

A large group of international and regional NGOs have agreed on the following letter to the new High Commissioner, Michelle Bachelet; sent on 1 September 2018 [see: https://humanrightsdefenders.blog/2018/08/22/change-of-high-commissioner-for-human-rights-at-the-un-optimism-warranted/]. The tone is totally right for the difficult years ahead:

Dear High Commissioner Bachelet,

As local, national, regional, and international civil society organizations from every corner of the world, we offer warm congratulations on your appointment as United Nations (UN) High Commissioner for Human Rights.
We are committed to a world in which every person enjoys human rights and dignity and in which our communities are fair, just and sustainable. We consider that a strong High Commissioner, working in strategic partnership with independent civil society, can contribute significantly to the realization of this vision.

You take up office at a time when human rights are under attack and when we risk the reversal of many of the achievements of the modern human rights movement. We look to you in these troubled times to be an unwavering voice in the defence of human rights, and of victims, rights-holders and human rights defenders around the world.

On every continent, the rights of individuals, communities and peoples are being violated and abused by governments and non-state actors, often with complete impunity. Civil society, peaceful dissidents, and the media are often brutally silenced. The role of your Office in ensuring robust monitoring of, and reporting on, such situations is essential for curbing violations and deterring further abuse, as well as for ensuring justice and accountability. Technical-assistance and capacity building by the OHCHR is also critical and, to be effective, should be approached holistically alongside a rigorous assessment of the rights challenges in the country, including through key indicators to measure progress and assess the degree of engagement and cooperation by the State.

As High Commissioner, you have a unique role to play in bringing country situations of concern to the attention of the UN Human Rights Council and other UN bodies, particularly situations that may not be on their agenda or which receive limited attention, often because of political pressure. This role should extend to providing briefings to the Security Council on situations either on its agenda or that, if left unattended, could represent a threat to international peace and security. Monitoring missions and inter-sessional briefings to the HRC can be initiated at the High Commissioner’s prerogative, on the basis of your Office’s universal mandate, bringing attention to neglected country situations and contributing towards the achievement of the Council’s mandate to prevent human rights violations.

We are aware that the position of High Commissioner comes with its own challenges. Many States will insist you avoid “naming and shaming” and push you to engage in “quiet diplomacy” and to respect national sovereignty. Often, those most intolerant of criticism and most forceful in suppressing dissent will speak the loudest in seeking to mute your voice. Survivors, victims and defenders on the front line in countries where their rights are being violated will rely on you as a human rights champion, to have the courage and conviction to call out violators clearly and publicly, even when it’s challenging or unpopular with governments.

Globally, the rights essential to civic space are being systematically undermined. Civil society and human rights defenders face severe daily risks in their struggle to defend human rights on the ground, including imprisonment, asset-freezes, defamatory campaigns, torture, enforced disappearance, and even death. Risks are also present in the UN context, where individuals frequently face intimidation, harassment or reprisals for their engagement with the UN. We urge you to be a staunch defender of the rights of defenders both on the ground and at the UN, to publicly call out violators, and to undertake or push for investigations into attacks and reprisals. We also encourage you to take full advantage of the distinct, often innovative complementary role of civil society to the work of the OHCHR, and ensure the Office works closely with civil society as a strategic partner at the national, regional, and international levels.

Currently, the human rights framework itself is under unparalleled attack. Authoritarian populists are attacking the universality of human rights, disproportionately and unlawfully restricting rights in the purported interests of “national security,” often tacitly or openly encouraging attacks by their followers or vigilantes on rights defenders as well as the vulnerable and poor, while selectively interpreting human rights and seeking to co-opt or subvert human rights mechanisms to suit their political agendas. Safeguarding and strengthening universal human rights norms and mechanisms should be a core responsibility of the High Commissioner.

The current climate highlights the need for a strong public advocacy role for your mandate in the defence of international human rights law and the international human rights system, as well as a strong role internally within the UN to mainstream respect for human rights throughout the work of UN organs and agencies, and within the Sustainable Development Agenda.

Once again, we congratulate you on your new role, and stand ready to support you and your Office in the fulfilment of your vital mandate.

With assurances of our highest consideration,

Posted in Human Rights Defenders, OHCHR, UN | 1 Comment »
Tags: High Commissioner Michelle Bachelet, international community, joint letter, Michelle Bachelet, NGOs, UN

Major piece by departing High Commissioner in the Economist

August 31, 2018

Zeid Ra’ad Al Hussein, the UN High Commissioner for Human Rights, who steps down on 1 September wrote a long and hard-hitting piece under the title “Grassroots leaders provide the best hope to a troubled world” in the Economist of 30 August 2018. Just some excerpts here, please read the whole thing:

…………….Now look at today’s politicians. First, those who occupy so much of the news media’s attention: the Trumps, the Orbans, the Salvinis. Keen to be viewed as the virile leaders of their respective countries; eager to inflate their image by harming migrants and refugees, the most vulnerable in society. If there is courage in that, I fail to see it. Authoritarian leaders, or elected leaders inclined toward it, are bullies, deceivers, selfish cowards.

If they are growing in number it is because (with exceptions) many other politicians are mediocre. They, too, are focused on their own image, the vanities associated with protocol and re-election. Too busy with themselves, or too afraid to stand up to the demagogues and for others, they seem to shelter in the safety of silence and shuffled papers. Only when they leave public office do some speak up, discovering their courage rather belatedly. Many come and go; no one really notices.

In consequence, too many summits and conferences held between states are tortured affairs that lack profundity but are full of jargon and tiresome clichés that are, in a word, meaningless. What is absent is a sincere will to work together, though all will claim—again, under the lights and on camera—that they are wholly committed to doing so. The systems for states to act collectively at higher levels in pursuit of solutions are decomposing. There are signs of it everywhere we care to look.

….

I believe it is only a matter of time, for example, before we see a Takfiri confrontation with Buddhist extremism in Asia. Where this is likely to occur, geographically, and who is likely to be involved, can already be surmised. The how and the when are, as always, indeterminate. It will depend on the outcome of regional presidential elections and how the situations in Cox’s Bazaar and Myanmar play out. The current signs are not encouraging. What is clear is that our systems for fixing this are broken.

When Myanmar inflicts enormous suffering on the Rohingya—burns them in their homes, cuts the throats of their children, rapes and terrorises, sends 700,000 people fleeing to Bangladesh in only three weeks—and the government pays no penalty for this—what are we saying to the perpetrators? Or to the victims? And to other potential perpetrators across the globe? Xi Jinping openly backs the government of Myanmar and, unusually for the US, given the extent of the horrors, President Trump did not even mention Rakhine when he addressed the UN General Assembly in September 2017. Strong evidence indicates the Burmese military and others may have committed acts of genocide. How much more cruel can humanity be, and how much chaos and pain are we fomenting?

….

And when multiple stress fractures already exist—the result of decades of mediocre leadership—all that’s required is a tripwire. To heal those fractures, whether in the Middle East or elsewhere, we must think differently, think more about human rights, and do this with some urgency.

A fracture within society is often shorthand for human suffering or the existence of burning grievances. Before conflicts begin, suffering stems from three types of human rights violations. One is the denial of fundamental freedoms, such as of opinion, expression and peaceful assembly, creating a situation where life and fear of the state become inseparable. A second is the deprivation of basic services, such as legal and social protections or rights to education and healthcare, which often only confirms the hold of political elites over others. And third, feeding the first two, discrimination, structural and deep, propped up by racism, chauvinism and bigotry.

When multiple stress fractures already exist—the result of decades of mediocre leadership—all that’s required is a tripwire

…If we do not change course quickly, we will inevitably encounter an incident where that first domino is tipped—triggering a sequence of unstoppable events that will mark the end of our time on this tiny planet. Can we swerve in time?

My hope lies in a set of people not widely known internationally, but familiar to those in the human rights community. Unlike the self-promoters—the elected xenophobes and charlatans—these people do have courage. They have no state power to hide behind: instead, they step forward. They are the leaders of communities and social movements, big and small, who are willing to forfeit everything—including their lives—in defence of human rights. Their valour is unalloyed; it is selfless. There is no discretion or weakness here. They represent the best of us, and I have had the privilege of knowing some of them personally, while others are well known to my office.

Suffering reflects a massive dereliction of the duty to serve, by those who exercise sovereignty on behalf of their people

This is what true leaders look like. Bertha Zuniga Caceres from Honduras, the young daughter of the murdered environmental activist, Bertha Caceres, who has bravely continued her mother’s struggle. Dr Sima Samar in Afghanistan, who leads the country’s independent human rights commission and is utterly fearless, even when threats to her personal safety abound. The same could be said of Senator Leila de Lima in the Philippines, who has now been arbitrarily imprisoned without trial for 18 months. Pierre Claver Mbonimpa from Burundi, a gentle yet principled soul, undeterred even after his son was murdered and he himself survived repeated attacks.

I have also been deeply impressed by the dignity and courage of Denis Mukwege from the Democratic Republic of Congo, an extraordinary human being by any measure. Likewise, I have been humbled by the determination of Angkhana Neelapaijit from Thailand, whose husband, a lawyer, disappeared in 2004 leaving her to become a most courageous activist, fighting against enforced disappearances.

There are others too, from Bahrain for example: the Khawaja family, Nabeel Rajab, Maytham Al Salman and Ebtisam Al Sayegh, who have all have shown extraordinary courage in the face of considerable adversity. Hatoon Ajwad Al Fassi and Samar Badawi in Saudi Arabia: courageous leading voices for the rights of Saudi women, both currently in detention. Amal Fathy in Egypt and Radhya Al Mutawakel in Yemen are also two brave individuals who have put their own safety at risk as they have spoken out against injustice and on behalf of victims of human-rights violations.

Likewise, Ludmila Popovici, an activist against torture in Moldova. In Poland, Barbara Nowacka has been active in organising protests against measures to pull back women’s rights. Sonia Viveros Padilla in Ecuador is fighting for the rights of people of African descent. Close by, in El Salvador, Karla Avelar, the courageous transgender activist, deserves high praise—as does the Peruvian Maxima Acuna, a well-known environmental human rights defender.

I could continue. There are grassroots leaders of movements against discrimination and inequalities in every region. These names are just a sample of the real store of moral courage and leadership that exists among us today.

While some speak from an individual vantage point, fighting specific battles on behalf of their local communities, others lead broader social movements. World-wide, they are not coordinated. But what if they were? What would happen if all the movements supported each other, openly and actively?

There are grassroots leaders of movements against discrimination and inequalities in every region…the real store of moral courage and leadership among us.

……What if this coordinated, focused, human-rights movement had the backing of business leaders? There are business leaders who are also real leaders, and who have thought seriously about human rights; people like Barbara Novick of Blackrock, Paul Polman of Unilever, Microsoft’s Brad Smith and Deepmind’s Mustafa Suleyman. This has never been done before; but if we did do it, it might just deliver a sort of shock therapy to those dangerous or useless politicians who now threaten humanity. Maybe, just maybe, it would be enough to stop the rot, so that when a fool tips that first domino or strikes the tripwire they hurt no one but themselves, and we can hope that the injury is only a slight one.

I leave you with that thought. This is my parting note: one of courage and defiance, and a longing for the leadership of the just.

__________

https://www.economist.com/open-future/2018/08/30/grassroots-leaders-provide-the-best-hope-to-a-troubled-world?

——–

Posted in Human Rights Defenders, OHCHR | Leave a Comment »
Tags: civil society activists, grassroots, human rights and business, Human Rights Defenders, human rights movement, leadership, NGOs, The Economist, UN High Commissioner for Human Rights, UN High Commissioner for Human Rights Zeid

Change of High Commissioner for Human Rights at the UN: optimism warranted

August 22, 2018

United Nations Secretary-General António Guterres, following approval by the General Assembly, has appointed Michelle Bachelet of Chile the next United Nations High Commissioner for Human Rights. [Ms. Bachelet ended her second four-year term as President of Chile in March 2018, having already held the position between 2006 and 2010. The first woman elected to Chile’s highest office, after her first term, she joined the United Nations as the first Executive Director of the newly established United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women). A long-time human rights champion and ground-breaking leader, Ms. Bachelet is a paediatrician who began her Government career as an adviser in the Ministry of Health, rising quickly to become the first woman to lead Chile’s Health Ministry in 2000 and its Defence Ministry in 2002. Ms. Bachelet became involved in Chilean human rights activism in the early 1970s. She and her parents were political prisoners, and her father, a general in the air force, died in prison. After their release, Ms. Bachelet and her mother spent several years in exile. She returned to Chile in 1979.] Her human rights background as well as her political cloud and experience give reason to hope that the Office of the High Commissioner will continue to be at the forefront in spite of the countervailing currents at the moment.

Recognition of the fearless outgoing High Commissioner has continued to pour in:

The 2018 Human Rights Tulip has been awarded to the United Nations High Commissioner for Human Rights Zeid Ra’ad Al Hussein. Dutch Foreign minister Stef Blok will present him with the prize on 3 September in The Hague. For more information on the Human Rights Tulip see: http://trueheroesfilms.org/thedigest/awards/tulip-award. ‘The Netherlands greatly values the way in which he has fulfilled his mandate as High Commissioner,’ Mr Blok said. ‘He addressed human rights violations wherever they occurred. This critical and independent attitude is what is needed in a world where human rights are in jeopardy in many places.’

On Monday 20 August the U.N. High Commissioner for Human Rights Zeid Ra’ad al-Hussein said in a wide-ranging interview days before his four-year term ends that U.S. President Donald Trump bears “a heavy responsibility” for how the media is portrayed and that his remarks could have a knock-on effect that could hurt journalists in other countries.” [U.S. newspapers across the country ran editorials last Thursday defending freedom of the press in response to President Donald Trump calling some media organizations enemies of the American people.] “The President should be aware that a heavy responsibility lies on his shoulders when it comes to the way in which the media is being portrayed,” Zeid said.

In his last major interview with UN News on 15 August, the UN human rights chief says that the “real pressure on this job comes from the victims and those who suffer and expect a great deal from us.” “Governments are more than capable of defending themselves. It’s not my job to defend them. I have to defend civil society, vulnerable groups, the marginalized, the oppressed. Those are the people that we, in our office, need to represent,” he adds, noting that “oppression is making a comeback”.

When asked about whether his view of the UN and what it can achieve has diminished during his time spent speaking out loudly in defence of the abused and defenceless over the past four years, he says: “It’s very difficult to tolerate abuse of the UN when I keep thinking of the heroic things that people do in the field, whether the humanitarian actors or humanitarian personnel, my human rights people, the people who are monitoring or observing. And I take my hat off to them. I mean, they are the UN that I will cherish and remember.”

For some of the posts about him see https://humanrightsdefenders.blog/tag/zeid-raad-al-hussein/ and especially:

https://humanrightsdefenders.blog/2018/06/15/not-so-diplomatic-diplomat-of-the-year-zeid/

https://humanrightsdefenders.blog/2018/02/28/un-high-commissioner-for-human-rights-in-last-council-statement-does-not-mince-words/

https://humanrightsdefenders.blog/2017/12/22/bound-to-happen-but-still-high-commissioner-zeid-announces-he-will-not-seek-second-term/

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https://www.usnews.com/news/world/articles/2018-08-20/trump-has-responsibility-towards-media-un-rights-boss-says

https://news.un.org/en/story/2018/08/1017052

https://www.government.nl/latest/news/2018/08/14/high-commissioner-for-human-rights-zeid-raad-al-hussein-to-receive-2018-human-rights-tulip

https://www.un.org/press/en/2018/sga1824.doc.htm

Posted in awards, human rights, Human Rights Defenders, OHCHR, UN | 2 Comments »
Tags: Bachelet, Chile, digest of human rights awards, High Commissioner Michelle Bachelet, international diplomacy, international human rights movement, Tulip award, UN, UN High Commissioner for Human Rights Zeid, Zeid Ra'ad Al Hussein

Some FACTS about refugee flows (which Hungary seems not to know)

July 26, 2018

UNHCR just published its Global Trends Report 2017 (see link below) and it contains some interesting facts, some myth-busting:
Fact 1: 85% refugees are hosted in the developing world (many of which are desperately poor and receive little support to care for these populations). At the end of 2017, Turkey continued to be the country hosting the world’s largest number of refugees, with 3.5 million. Lebanon continued to host the largest number of refugees relative to its national population, where 1 in 6 people was a refugee under the responsibility of UNHCR.

Fact 2: Two-thirds of all refugees come from just five countries. Altogether, more than two-thirds of all refugees worldwide came from just five countries, namely:
1. Syrian Arab Republic (6.3 million)
2. Afghanistan (2.6 million)
3. South Sudan (2.4 million)
4. Myanmar (1.2 million)
5. Somalia (986,400)

Fact 3: Four out of five refugees remain in countries next door to their own. About 2.7 million people were newly registered as refugees during 2017. Crises in South Sudan and Myanmar caused new refugee numbers to grow. Most of them fled to neighboring countries or elsewhere in their immediate region. Sub-Saharan Africa is now home to 31 per cent of the global refugee population.

Still, Hungary found it necessary to pass legislation that criminalizes individuals and groups deemed to be supporting asylum-seekers, refugees and undocumented migrants. On 21 Jun 2018 UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein said: “Parliament’s decision is an attack on fundamental human rights and freedoms in Hungary. The constant stoking of hatred by the current Government for political gain has led to this latest shameful development, which is blatantly xenophobic and runs counter to European and international human rights standards and values.” …“To target those dealing with the most vulnerable, simply because they are foreigners, is truly disgraceful.”

The new legislation criminalizes a range of activities, including distributing information on migration-related matters, providing advice to migrants and refugees, and conducting human rights monitoring at borders. The authorities will be able to arrest, charge and immediately remove from Hungary’s border area with non-Schengen countries any lawyer, adviser, volunteer or legally resident family member suspected of helping a person to make an asylum claim or obtain a residence permit, or of providing other legal or humanitarian assistance. Under the legislation, individuals could face up to one year in prison and organisations could be banned. In addition, foundations that provide funding for NGOs that work on migrant issues could face charges. Hungarian authorities also announced this week that they would introduce a 25 per cent tax on funding for NGOs which “support immigration”. See also: https://humanrightsdefenders.blog/2018/05/18/excellent-background-piece-to-hungarys-stop-soros-mania/

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http://www.unhcr.org/statistics/unhcrstats/5b27be547/unhcr-global-trends-2017.html?utm_source=NEWS&utm_medium=email&utm_content=Opening_Global+Trends+report&utm_campaign=HQ_PS_EN_NEWS_B-JULY_180725_PROS_5

https://reliefweb.int/report/hungary/

Posted in human rights, OHCHR | Leave a Comment »
Tags: annual report 2017, anti-refugees, criminalisation, Hungary, refugee lawyers, refugees, Stop Soros, UN High Commissioner for Human Rights Zeid, UNHCR

New Global Center for Sport and Human Rights created to address abuses

June 27, 2018

On 25 June 2018 a new Center for Sport and Human Rights was established to curb human rights abuses tied to sports and assist victims. The Geneva-based center will also address abuses linked to mega-sporting events such as the Olympics and the World Cup, under way now in Russia [see also: https://humanrightsdefenders.blog/2018/06/07/the-bravest-world-cup-team-in-russia-fifa-human-rights-defenders/]. The center was established under the auspices of the Institute for Human Rights and Business (IHRB), and is chaired by Mary Robinson, the former president of Ireland and former United Nations high commissioner for human rights.

“Major sporting events have been marred by jailing and harassment of journalists, abuses of workers’ rights, environmental destruction, and abusive sweeps of poor neighborhoods,” said Minky Worden, director of global initiatives at Human Rights Watch. “Sports fans don’t want to sit in a stadium built by exploited, cheated, and abused workers – or worse, a facility that cost lives to construct.”

The Centre for Sport and Human Rights will seek to provide resources for learning and remediation, working to limit and ultimately eradicate the serious human rights violations that often accompany world sporting events. It will seek to increase the accountability of those involved, provide a space for victims to share their stories and seek justice, and help prevent future human rights abuses tied to sports.

The platform is an unprecedented coalition of intergovernmental organizations, governments, sports bodies, athletes, local organizing committees, sponsors, broadcasters, nongovernmental organizations, trade unions, employers, and national human rights institutions that have come together to show that sport has the power to create positive change.

The next World Cup will be hosted by Qatar in 2022. Since December 2010, when Qatar won its bid from FIFA to host the 2022 World Cup, the country has embarked on a massive building spree – restoring or building eight stadiums, hotels, transportation, and other infrastructure. Qatari authorities have said they are spending US$500 million per week on World Cup-related infrastructure projects. It is important for Qatar to respect workers’ rights and to provide remedies for any abuses, Human Rights Watch said. The situation is particularly urgent for workers building the stadiums and other facilities, given the country’s intense heat and humidity. [see also:https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23147&LangID=E]

The Center includes sports organizations like FIFA (The International Federation of Football Association), the International Olympic Committee, UEFA (The Union of European Football Associations), the Commonwealth Games Federation, and other sport institutions seeking to better manage the human rights risks associated with their competitions. It will also include non-governmental watchdogs like Human Rights Watch, Amnesty International, Transparency International, global trade unions, and the UN Office of the High Commissioner for Human Rights.

“Sport has the potential to inspire and celebrate human achievement. So there is no reason one worker should die or one journalist should be jailed to deliver a major sporting event,” Worden of HRW said. “We expect the center to move the ball forward to protect the rights of workers, journalists, athletes, environmentalists, and fans.”

https://www.hrw.org/news/2018/06/26/new-global-center-sport-and-human-rights

Posted in HRW, Human Rights Defenders, OHCHR | Leave a Comment »
Tags: 2018 FIFA world cup, 2022 FIFA World Cup, Center for Sport and Human Rights, FIFA, Institute for Human Rights and Business (IHRB), IOC, Mary Robinson, Office of the High Commissioner for Human Rights, sports and politics, Sports and Rights Alliance

More about the Geneva Human Rights Platform (Geneva HRP)

June 22, 2018

The Geneva Human Rights Platform (Geneva HRP), hosted by the Geneva Academy and supported by the Federal Department of Foreign Affairs of Switzerland, provides a dynamic forum in Geneva for all stakeholders in the field of human rights – experts, practitioners, diplomats and civil society – to discuss and debate topical issues and challenges. Relying on academic research and findings, the Geneva HRP aims at enabling various actors to become better connected, break down silos and, hence, advance human rights.

‘The objective is to foster interactions and discussions on topical issues and challenges through regular events, conferences, expert roundtables and private meetings’ stresses Felix Kirchmeier, Director of Policy Studies at the Geneva Academy. ‘The Geneva HRP aims to increase sharing, exchange and collaboration among different actors by means of its independent, neutral and academic status’ adds Robert Roth, Director of the Geneva Academy.

Specifically, the Geneva HRP concentrates on the current challenges to human rights and the way the United Nations (UN) Human Rights Council (HRC) and other Geneva-based mechanisms address or should address them, as well as on the work of UN treaty bodies. ‘We currently focus on two human rights challenges: use of force and the specific use of less lethal weapons for law enforcement purposes, and human rights and freedoms in the digital age’ underlines Kamelia Kemileva, Executive Manager at the Geneva Academy. ‘We accompany the work of UN treaty bodies via two projects, or sub-platforms, our Academic Platform on Treaty Body Review 2020 which just released its final report, and the Treaty Body Members Platform which connects experts in UN treaty bodies with each other as well as with Geneva-based practitioners, academics and diplomats’ underlines Felix Kirchmeier. [see e.g. https://humanrightsdefenders.blog/2018/05/09/academic-want-un-treaty-bodies-to-become-fit-for-purpose/]

The Geneva HRP is up and running since the beginning of the year, but now has a dedicated online presence, on the Geneva Academy website, which provides information about activities, events and related research.

https://www.geneva-academy.ch/news/detail/134-the-geneva-human-rights-platform-a-dynamic-forum-to-discuss-and-debate-topical-human-rights-issues-and-challenges

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Tags: academic, Geneva Academy, Geneva HRP, Geneva Human Rights Platform, research, Switzerland, UN Human Rights Council

Hans Thoolen on Human Rights Defenders