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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 Limon “After 75 years, what is the UN human rights system’s theory of change?”

The first starts with a good overview of the birth of the UDHR and then states: …”With the world facing human rights challenges on so many fronts, some might be tempted to dismiss the declaration as idealistic or unrealistic – a non-legally binding document that nations may claim to adhere to on the international stage but disregard entirely depending on their own political agendas. However, defenders of the UDHR argue that to judge it on how often it is violated is to miss its point altogether.

“I’m not sure how much the document can be judged on whether it’s always adhered to or not,” said Felix Kirchmeier, executive director of the Geneva Human Rights Platform. “That question comes up in human rights all the time, but it comes up much less in other domains. Nobody would ask whether health policy was still valuable now that we have the pandemic.”

“I think the declaration might be even more needed now than ever because it allows us to really see these core values and the universal approach to them,” he added. “The proof of its relevance is the fact that despite all violations of human rights and despite all the attacks to the universal validity of human rights, the document itself is not being disputed in any serious way,” he continued. “So I think that’s also proof of its strength.”

….Ultimately, perhaps the greatest value of the declaration is that it gave universal human rights a language. Known as the most translated document in the world, available in 500 different languages, it provides a rhetoric that people from all corners of the world still use to this day..

Pip closes with the words of Eleanor Roosevelt in her speech to the UN to mark the tenth anniversary of the declaration in 1958. Her words captured the reason why human rights are for every one of us, in all parts of our daily lives, as well as the world as a whole. “Where, after all, do universal human rights begin?” she began. “In small places, close to home – so close and so small that they cannot be seen on any maps of the world. Yet they are the world of the individual person; the neighbourhood he lives in; the school or college he attends; the factory, farm or office where he works.

The second piece by Limon – executive director of the Universal Rights Group - asks: …”Yet two equally – if not more – crucial questions linger: what was the Universal Declaration’s theory of change, meaning how did its authors intend for it to improve the situation of human rights for all “the Peoples” of the UN, and has the UN succeeded in translating the universal norms into local reality?”

Different actors have developed markedly different theories of what the UN human rights system is, what it is supposed to do, and how it is supposed to improve the situation of human rights at the national level.

For some, the system is mainly for the benefit of developing countries, and its principal utility is to respond to serious human rights violations and hold abusing states accountable. Its main purpose, in other words, is to protect human rights.

For others, it is a universal system in which all states should be treated equally. It is there to engage with them through cooperation and dialogue to gradually improve human rights laws, policies and practices over time, including through the delivery of international capacity-building support. The system’s main objective here is, in other words, to promote human rights.

For some, human rights norms should be in a constant state of progressive development, even in sensitive issues such as sexual orientation and gender identity, or sexual and reproductive health and rights, and should be imposed by the UN. Where states resist, it is because they are not committed to human rights and should be called out and forced to catch up.

For others, the UN is there to provide a platform where states can reach a common understanding of universal human rights norms. This is what happened in the case of the UN’s recognition of the right to a healthy environment. After that, it can provide capacity-building and technical support to help those countries making insufficient progress…

So, who is right? There is some truth to both views. For example, the mandate of the Human Rights Council explicitly includes both the protection and promotion dimensions of human rights. And therein lies the answer – the international human rights system, built from the foundations of the Universal Declaration, embodies different – yet complementary – theories of change.

The simple truth is that human rights change cannot be imposed from the outside, by certain states or even by the international community as a whole, without the consent of the state concerned. Bottom-up demands for change, for example, led by local civil society, can and frequently do succeed in securing improvements in the enjoyment of human rights, especially in democracies.

However, in many countries, the power imbalance between civil society and governments means that NGOs and local communities, acting alone, can be easily ignored or even suppressed.

Over a decade of the Universal Rights Group’s research shows that a winning approach, instead, is to combine top-down pressure for improvement with bottom-up calls for change within a framework that is accepted by the state or government and of which it feels a sense of ownership…

While the international human rights system, therefore, encapsulates different and complementary theories of change (think “carrot and stick”), for a vast majority of states, the vast majority of the time, the former theory of change is the most relevant.

As we celebrate the 75th anniversary of the Universal Declaration of Human Rights, there are increasing signs, from states (both developed and developing), civil society, the secretary general, the high commissioner, UN resident coordinators and others, of a shift towards a common understanding of this predominant theory of change. Building on that shared understanding and thereby effectively translating universal rights into local reality would truly be the best way to mark the adoption of this historic document.

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

https://genevasolutions.news/human-rights/after-75-years-what-is-the-un-human-rights-system-s-theory-of-change?utm_source=newsletter&utm_medium=email

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Billy Porter performs for UDHR@75

December 13, 2023

Billy Porter is an American actor and singer, who first gained notice performing on Broadway before embarking on a solo career. He is a Grammy, Emmy and two-time Tony Award winner. He is a trailblazer in especially in the LGBTQI+ community including being first openly gay Black man to win an Emmy award. His performance of Audacity at the Royal Albert Hall in London was a world exclusive performance for the Human Rights 75 Concert on 10 December, 2023 in commemoration of the 75th anniversary of the Universal Declaration of Human Rights. #HumanRights75 and #act4rightsnow

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UDHR@75: how UNDP sees itself ensuring rights for all

December 11, 2023
Children smiling
Photo: UNDP Zimbabwe

On 8 December, 2023 the United Nations lead agency on international development, UNDP, posted its commitment to human rights:

..Protecting our rights to do so was enshrined in the Universal Declaration of Human Rights 75 years ago, and it has been our North Star for human rights ever since.  The past three years have been defined by crises on a global scale. Conflict is at its highest since the Second World War. From Gaza to Ukraine, Sudan and Myanmar, people’s right to live without fear is being undermined. Climate change, brought about by humanity’s own actions, is stripping away the right of our children to a healthy and prosperous future. The COVID-19 pandemic brought to stark light the value of the right to health for all.  

Three-quarters of a century on, we are at an important inflection point, where we must recalibrate and reconnect with the principles of the Universal Declaration of Human Rights if we want to shape a future that lives up to its vision.  Doing so will not be easy. It will require action across many different spheres of life. Recognizing this, UNDP is prioritizing seven key areas where it is working to strengthen human rights. 

Dignity and equality of rights is needed for all people and the rights of people living in crisis and conflict must be assured 

If we don’t invest in human rights, we won’t achieve the Sustainable Development Goals 

Ninety percent of Sustainable Development Goals (SDGs) targets align with the obligations outlined in international human rights frameworks.  However, halfway to the 2030 deadline, development progress and the realization of Agenda 2030 is under threat due to the combined impacts of climate change, conflict, overlapping energy, food and economic shocks, and lingering COVID-19 effects. Human rights can be part of proactive solutions helping to address contemporary development challenges and pushing progress towards Agenda 2030.  By adopting a human rights-based approach, UNDP is working to ensure that no one is left behind as we strive for sustainable development. For example, UNDP has worked to promote synergies between human rights and SDG systems in eight countries, including Sierra Leone, Uruguay and Pakistan, boosting both the efficiency and effectiveness of national efforts to advance human rights and sustainable development. 

Human rights defenders must be able to speak out without fear 

Human rights defenders face alarming threats, including intimidation and reprisals, in the pursuit of a goal that should be a shared aspiration for all – the creation of fair and peaceful societies.  In 2022, there was a 40 percent increase in the killings of human rights defenders, journalists, and trade unionists compared to 2021.  UNDP works with civil society, human rights defenders and national human rights institutions around the world to ensure those that want to speak out have the freedom to do so. In Thailand, UNDP conducted a study looking into the protection of human rights defenders at the request of the Ministry of Justice.  

Young people must be included in efforts to protect the rights of future generations 

There are 1.2 billion young people in the world today, and UNDP recognizes the important role they play as positive agents of change. 

Private sector has an important role to play 

Business can be a powerful driver of sustainable development, offering access to social and economic opportunities and a pathway to prosperity for many.  

Human rights and the environment are interconnected 

In the next 25 years, building resilience to biodiversity loss and climate change will be key to the realization of all human rights – including the right to a clean, healthy and sustainable environment.  

Digital technology must unite, not divide 

Technology can be a great enabler of equality and development by improving connectivity, financial inclusion, and public services, positively impacting the realization of human rights.  But it can also have a dangerous downside, exacerbating existing inequalities and vulnerabilities. While over 80 percent of developed countries have access to the internet, only 36 percent of individuals in least-developed countries are online.  UNDP puts human rights at the centre of its Digital Strategy, and supports countries to harness digital technology as a means to advocate for, protect, access, report on, and exercise human rights…

https://www.undp.org/stories/ensuring-rights-all-rapidly-changing-world

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Anushani Alagarajah: “As a human rights defender, you’re almost expected to be superhuman”

December 8, 2023
UN Women

Anushani Alagarajah, human rights defender and executive director at the Adayaalam Centre for Policy Research. Illustration: UN Women Sri Lanka/Dinuk Senapatiratne

Anushani Alagarajah is a human rights defender who has worked closely with conflict-affected communities in the North and East of Sri Lanka. She is the Executive Director at the Adayaalam Centre for Policy Research, a non-profit research think-tank that works on public policy issues in Sri Lanka. On the occasion of the International Day for Women Human Rights Defenders, Ms. Alagarajah spoke about her work in post-conflict Sri Lanka.

I don’t know if I ever consciously decided to become a human rights defender. But when I was seven, there was a gang rape of a girl from our school. Her classmates held a sit-in protest. I didn’t know what rape meant, but children living with conflict grow up fast. I wanted to protest too. If I see injustice, I want to speak up.

As a child, it was horrible to live in bunkers [during the conflict], to come out and see ashes. I’ve been in survival mode my entire life. Seeing what’s happening in other countries, I worry that children will spend their entire lives trying to make sense of it, trying to be okay.

Grief is not only for people, it’s also for a place you called home, that belonged to you. For me, it was always about the childhood I didn’t have. I will probably be grieving that for the rest of my life.

I left Sri Lanka in 2009 to study in Bangladesh. I never wanted to come back. But from the time I left, I knew I had to return. I came home every summer, to conduct workshops with orphanages and conflict-affected communities.

I couldn’t run away. Afterall, I am from this community.

I was displaced thrice. I couldn’t sleep peacefully knowing I could have done something, and I didn’t do it. I thought, “I can try to make things better.” So, I returned after finishing my studies in 2014. Since then, I have been living my purpose in the community.

Whether it is the economic crisis or a lack of opportunities, a lasting political solution requires the political will for change.

It’s difficult when you come from a history of violence, conflict and trauma. During the conflict, a range of violent acts were committed against women.

Women bear the brunt of any damage, and are also expected to be the ones to rebuild, protecting the family unit, community and culture. Yet, particularly in the global South, women are not afforded resources.

Patriarchy is the norm.

Men can take a job in different places, access resources, work with men, divorce, remarry. Women cannot. They must provide out of nothing. Even though they suffered tragic, unspeakable experiences, they are still shackled by stereotypical expectations.

My own work is considered unfitting. I’m expected to be a good woman and get married. We are very far from being inclusive.

In the early days, I would try to talk to older activists about mental health, saying “I’m not doing okay”. But as a human rights defender, you’re almost expected to be superhuman. I think being sensitive helps me do my job better because I look out for others.

For the last four years, when my office researches something difficult, we check in with everyone about how they feel. Whenever one of us needs support, the community will hold them, providing a safe space to be vulnerable or angry. It took a long time for me to find this community.

You cannot heal on your own.

With my colleagues, I run practical workshops to create the next generation of activists, training people in small communities and villages to advocate for their rights. We have participants pick an issue, ideate a solution and work with relevant stakeholders. For example, we have young participants who want to reclaim an occupied land in their village. They met the parliamentarian and the Divisional Secretary’s Office and are now drafting a lease. If they have the courage and knowledge to do that at 20 years old, there is so much we can do. I’m always looking for a few people to take our struggle forward.

Sometimes, it only takes one person.

A wise woman once told me: “You will not see the changes you work for in your lifetime.” This helps put things in perspective. We can only chip at the corners so that one day, hopefully, things will be different. Giving up is not an option. We can’t stop now.”

https://asiapacific.unwomen.org/en/stories/in-the-words-of/2023/11/anushani-alagarajah

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A sombre reminder: homicide a bigger killer than armed conflict and terrorism combined

December 8, 2023
Globally, homicide is a bigger killer than armed conflict and terrorism combined.

© Unsplash/David von Diemar

On Friday 8 December 2023 the UN Office on Drugs and Crime (UNODC) said that more people were killed due to homicide than armed conflict and terrorism combined in 2021, with an average of 52 lives lost per hour worldwide. The Global Study on Homicide analyzes the complex dynamics behind these violent deaths and includes a special section on how organized crime is driving death rates up in Latin America and the Caribbean. 

The report examines homicides related to criminal activities and interpersonal conflict, as well as “socio-politically motivated homicides” such as the deliberate killing of human rights defenders, humanitarian workers and journalists.

UNODC chief Ghada Waly said the loss of thousands of lives each year to homicide is “a sombre reminder” of the collective failure of the international community to reduce all forms of violence by 2030, in line with the Sustainable Development Goals (SDGs). The report revealed that during the period from 2019 to 2021, an average of roughly 440,000 deaths worldwide were due to homicide – more than conflict-related or terrorist killings combined. 

UNODC said 2021 “was an exceptionally lethal year”, marked by 458,000 homicides.  The spike was in part linked to economic repercussions from the COVID-19 pandemic and to a rise in organized crime and gang-related and socio-political violence in several countries.

Organized crime accounted for 22 per cent of homicides globally, and 50 per cent in the Americas, where competition among organized crime groups and gangs can spark a sudden and sharp rise in “intentional homicides”, as has happened in Ecuador and Haiti.

The Americas also lead the world in highest regional homicide rate per capita, with 15 per 100,000 population in 2021, or 154,000 people.

Africa had the highest absolute number of homicides at 176,000, or 12.7 per 100,000 population, “and available data suggests that the homicide rate is not falling, even as decreases have been registered in other regions,” the report said.  Meanwhile rates in Asia, Europe and Oceania were far below the global per capita average of 5.8 per 100,000 population in 2021.

Firearms were used in most killings in the Americas in 2021, or roughly 75 per cent, whereas in Europe and Asia they were involved in 17 and 18 per cent of homicides, respectively. 

Men accounted for 81 per cent of homicide victims and 90 per cent of suspects, but women are more likely to be killed by family members or intimate partners. “Although they represent 19 per cent of homicide victims in total, they account for 54 per cent of all killings in the home and 66 per cent of all victims of intimate partner killings,” UNODC said. 

Aid workers under attack 

The data also showed that the deliberate killings of human rights defenders, environmental defenders, community leaders, journalists, and aid workers represented nine per cent of global homicides. “The threat has increased for humanitarian aid workers, who witnessed a higher average number of fatalities over the period 2017-2022 than 2010-2016,” the authors said. 

https://news.un.org/en/story/2023/12/1144392

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UDHR@75: how to do better in the future – a view from the Open Society Foundations

December 7, 2023

On 5 December 2023, Natalie Samarasinghe – global director for advocacy at the Open Society Foundations. – wrote about strengthening human rights based on David Griffiths’ paper, Barometer in Context: Strengthening the Human Rights System.

….But this is not the whole story. The Open Society Barometer, a poll of over 36,000 people in a representative group of countries, found that most people believe in the value of human rights. Over 70 percent said that human rights “reflect the values I believe in” and are “a force for good” in the world.

Actors such as human rights lawyers, NGOs, and international organizations continue to provide hope, support, and redress to those seeking justice and protection. And they are joined by a growing cohort of others, from rural communities to indigenous peoples, political and social movements. They may not use the language of rights but their work is grounded in them. They cannot afford to have theoretical debates about the relevance of the UDHR. They need support and solutions.

To mark the UDHR’s anniversary, Open Society commissioned a paper on what those solutions might look like, written by David Griffiths, an advocate and policy expert with more than two decades of diverse experience across the human rights movement. His paper, Barometer in Context: Strengthening the Human Rights System, sets out a series of proposals for how to make this moment count, including prioritizing economic inequality and climate change, exposing the failure of authoritarians to deliver, defending civic space, rethinking migration, widening accountability, and strengthening the human rights system.

Drawing on 18 months of research and material from at least 65 interviews with people from all parts of the world, as well as the Open Society Barometer, these proposals provide inspiration for those of us approaching this anniversary with a heavy heart. It is vital that we avoid paralysis and gloom, which only plays into the hands of abusers and authoritarians.

We must become more creative in how we support those defending rights, whether they are in the courtroom or community center, or on the streets marching for debt relief and climate justice. We must invest in the leaders and tools of tomorrow, instead of playing catch-up with authoritarians, while doubling down on our backing for traditional actors and approaches that continue to deliver results.

And now more than ever, we must nurture a global movement—of the sort that was not possible in 1948—to reaffirm the simple truth that lies at the heart of the Declaration: that all human beings are equal, that every life has value.

https://www.opensocietyfoundations.org/voices/75-years-of-the-universal-declaration-of-human-rights

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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

UN rapporteur on human rights pressures Algeria to release jailed activists

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

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NGO Statement on outcomes of the UNGA 78 Third Committee

November 23, 2023

14 NGOs that closely follow and engage with the General Assembly Third Committee have published a joint statement on outcomes of this 78th sessionp

The undersigned civil society organisations mark the conclusion of the UN General Assembly’s (GA) 78th Third Committee session with the following observations on both thematic and country-specific outcomes. We urge all States to implement the commitments they have made during this session to their full extent.

We welcome the joint statement on reprisals, led by Ireland and Uruguay and joined by a cross-regional group of countries. The statement called on all States and the UN to prevent, respond to, and ensure accountability for cases of intimidation and reprisals against those who engage or seek to engage with the UN. Once again, 80 States signed on to the statement, and affirmed their commitment to freedom of expression and association; solidarity with defenders, civil society and victims of violations; and contributed to ensuring that UN bodies and processes are informed by, and respond effectively to, the needs of communities on the ground. We urge more States to sign on to future such statements. 

We welcome the adoption of the biennial resolution on human rights defenders focusing on the 75th anniversary of the Universal Declaration on Human Rights and the 25th anniversary of the UN Declaration on Human Rights Defenders. The resolution included strengthened language on women human rights defenders, defenders in conflict and post conflict situations and children defending human rights; as well as multiple and intersecting forms of discrimination and defenders’ work to develop new human rights ideas. We welcome calls on States to refrain from internet shutdowns and restrictions including digital technologies, as well as on OHCHR to collect information on threats, attacks and cases of arbitrary detention. We now look to all States to implement these commitments and meaningfully progress the protection of human rights defenders.        

We welcome the adoption of a strong resolution on the safety of journalists. This resolution adds new commitments for States on a wide range of issues, including on strategic lawsuits against public participation (SLAPPs), journalists covering protests, and gender-based harassment and abuse. The resolution also recognised the growing threat of generative artificial intelligence to the safety of journalists. We urge all States to translate these renewed international commitments into allocation of resources and political will at the national level to prevent, protect and remedy all human rights violations against journalists.

A new resolution on the promotion and protection of human rights in the context of digital technologies was adopted, advancing discussion on artificial intelligence at a critical time as the Global Digital Compact attempts a similarly comprehensive exercise. The text brings the omnibus coverage of the various Human Rights Council resolutions to the Third Committee, highlighting intersections of digital technologies, human rights, security and sustainable development, and crucially recognising that certain applications of digital technologies are incompatible with international human rights law. The text included language on racial and gender-based discrimination, business and human rights, privacy, targeted surveillance, data protection, freedom of expression, censorship and internet shutdowns. We hope to build on this broad foundation and strengthen elements on targeted surveillance, commercial spyware, biometric data in digital public infrastructure, and applications of artificial intelligence in future resolutions.

The resolution on terrorism and human rights adopted by consensus underscores the importance of the promotion of human rights and meaningful participation of all of society in counter-terrorism efforts nationally and globally. This resolution offered an opportunity to reflect on changes in State violations in the name of counter-terrorism or national security, and to build on language on gender inclusivity, civil society engagement and the importance of international humanitarian law and humanitarian access included in the recent UN Global Counter-Terrorism Strategy and report by the Special Rapporteur on human rights and counter terrorism. However, as the resolution was a technical rollover from GA76, we regret that this opportunity was not seized this session and hope that future resolutions will build upon these advancements.

We welcome the adoption of the resolution on strengthening the role of the UN in the promotion of democratization and enhancing periodic and genuine elections, focusing on media freedom and freedom of expression, presented by the US. The role of human rights defenders, as well as States’ obligation to ensure the right of all to participate in elections and to take steps to eliminate policies and practices discriminating on various grounds was maintained in the text. Critically, for the second time, the text recognised women and girls in all their diversity, and listed sexual orientation and gender identity as prohibited grounds of discrimination; despite votes being called to amend those references. Consensus was broken on the resolution for the first time, but was ultimately adopted by an overwhelming majority. 

We welcome the adoption by consensus of the resolution on the rights of Indigenous Peoples. We specifically welcome calls on States to ensure the protection and safety of indigenous human rights defenders, and to prevent and investigate human rights violations, killings, reprisals and abuses against them.

The rights of the Child resolution, focusing on the digital environment, was adopted by consensus. Despite the timeline precluding a full consideration of the lengthy text and risking an imbalanced update, we welcome the co-facilitators’ decision to open the full text for negotiation, to include updates related to the theme and references to General Comments 25 and 26 of the Committee on the Rights of the Child. We welcome retention of agreed language, and updates, including: bridging digital divides; protection from violence, harassment and abuse in the digital environment; access to information and impacts of digital acceleration on education access; sexual and reproductive health; multiple and intersecting forms of discrimination; and private sector responsibilities. We are disappointed however by decisions to delete agreed language on the full, equal and meaningful participation of girls, delete paragraphs on COVID-19 that resulted in lost language on children’s rights, to remove language on specific challenges facing girls, and to include new non-agreed language on the common responsibilities of parents.

Gender related resolutions

The resolution on policies and Programmes Involving Youth presented by Cabo Verde, Kazakhstan and Portugal, was adopted by consensus. The zero-draft was slimmed down in a streamlining exercise, leading to the exclusion of human rights frameworks and a focus on reinserting previously agreed language. We are pleased that references to multiple and intersecting forms of discrimination, sexual and gender based violence, sexual and reproductive health services, menstrual health, comprehensive education and human rights frameworks were retained.  However we regret that despite significant support from Member States, agreed language from the previous resolution on sexual and reproductive health and rights, menstrual hygiene management, marginalised persons and situations, comprehensive sexuality education, as well as references to adolescents were not included in the final text.

We welcome the adoption by consensus of the resolution on the human rights to safe drinking water and sanitation (WASH), presented by Germany and Spain, that included new references to menstrual health and hygiene management, sexual and reproductive health-care services, and sexual and gender-based violence. Language was maintained on the stigmatising effect of lack of menstrual health and hygiene management on young women and girls; as well as inequalities caused by COVID-19 in accessing adequate WASH services especially for women, girls and persons in vulnerable situations, adversely impacting gender equality and women’s empowerment. We regret that, despite significant support, references to multiple and intersecting forms of discrimination and sexual and gender-based violence were either omitted or diluted in the final text, neglecting the need to comprehensively address various forms of violence and discrimination women and girls face when accessing water and sanitation. 

We welcome the adoption by consensus of the violence against women migrant workers resolution presented by Indonesia and the Philippines. The resolution includes new references to gender-based violence through digital technologies, particularly impacting women migrant workers in transit and in destination countries; as well as root causes of migration, including climate change, the availability of equitable work and inequitable ownership of local resources, which undermine women’s empowerment. Strengthened recognition of domestic and care migrant workers as a particularly vulnerable group who can face exploitation, violence, and abuse due to the informal nature of their employment was included. We regret that despite significant support, additional references to sexual and reproductive health, intimate partner violence, and multiple and intersection forms of discrimination were omitted in the final text. We echo the resolution’s call to all Member States to protect all migrant women from harassment and violence, regardless of migration status.

The resolution on the Girl Child, presented by the Southern African Development Community (SADC), was adopted by consensus. We welcome the retention of agreed language, as well as the theme proposed for the Secretary General’s Report to the eightieth GA session on the impact of digital technologies on girls, and related language updates. However, we deeply regret   that the circulation of the text did not allow sufficient time for a comprehensive and substantive update. We are disappointed that the only other update to the text was the unprecedented inclusion of language on family-oriented and family-policies. In the absence of references to other policies that aim to realise the rights of girls in all their diversity, this new inclusion results in an imbalanced text that fails to fully recognize and address the challenges they face. Given the rapidly changing global landscape for girls and that last substantive revision of this text was in 2017, a comprehensive update to this resolution remains crucial.

The resolution on rural women was adopted by consensus and co-sponsored by more than 60 Member States. We welcome the retention of agreed language that recognizes the impact of historical and structural power relations, gender stereotypes and negative social norms on the achievement of gender equality and the empowerment of women and girls, particularly those living in rural areas. We also welcome that the resolution urges Member States to implement policies and programs that promote and protect the human rights of women and girls, address sexual and gender-based violence and multiple intersecting forms of discrimination, and strengthen measures to ensure universal access to sexual and reproductive health and reproductive rights. We, however, deeply regret that several proposals to further strengthen the resolution that were supported by many Member States were not retained in the final draft including on the particular challenges women and girls living in rural areas face in accessing sexual and reproductive health services, and references to women and girls in all their diversity. 

The resolution on follow up to the Beijing Declaration and Platform for Action presented by Bangladesh was adopted by consensus. We welcome the text, which includes new references to the high-level meeting on universal health coverage, the universality of the 2030 agenda and their role in achieving gender equality, and to the UN system-wide Knowledge Hub on addressing sexual harassment. It also calls for a high-level meeting at the 80th General Assembly to celebrate the 30th anniversary of the Fourth World Conference on Women, and to accelerate the realisation of gender equality and the empowerment of all women and girls. We regret that proposed text on multiple and intersecting forms of discrimination and on the importance of the realisation of sexual and reproductive health and reproductive rights was not included in the final document. 

COUNTRY SITUATIONS

The joint statement on the human rights situation in Xinjiang, China delivered by the UK on behalf of a cross-regional group of 51 countries is a strong message to Chinese authorities regarding growing concerns about abuses against Turkic Muslim communities. This year, there are new signatories from several regional groups. The statement emphasises the serious human rights violations Uyghurs and other Turkic Muslim communities continue to suffer in Xinjiang, and echoes the UN Office of the High Commissioner for Human Rights’ August 2022 report, which concluded that the abuses ‘may constitute international crimes, in particular crimes against humanity.’ The statement notes that a year has passed since the release of the OHCHR report, and China has yet to engage constructively with its findings. It urges China to end its human rights violations, engage constructively with the OHCHR, and fully implement the reports’ recommendations. With only one more State signature than the 2022 joint statement, work remains to be done to ensure broader support from Member States to hold China accountable for its human rights violations including from Muslim-majority countries.

Resolutions 

While we support the below resolutions that highlight violations of human rights in specific countries, we acknowledge the existence of human rights violations in many other countries that also merit the attention of the UN General Assembly and look forward to a time when they are also considered in the Third Committee.

The resolution on the human rights situation in the Islamic Republic of Iran was adopted following a vote (80 in favour; 65 against; 29 abstentions). Initiated by Canada and a core group and cosponsored by 50 countries, this comprehensive resolution calls on Iran to uphold the rights of all citizens. It specifically calls on Iran to prohibit child, early and forced marriage, female genital mutilation, children being subject to the death penalty, torture and other inhuman treatment. It condemns fundamental rights violations, the frequent imposition of the death penalty, intensified and targeted repression of women and girls, the use of surveillance and force against non violent protesters, and poor prison conditions. It also calls for an end to all discrimination and violations against ethnic, linguistic and other minorities as well as recognized and unrecognised religious minorities, including Baha’is who continue to suffer various violations including persecution, mass arrests, lengthy prison sentences. 

We welcome the adoption of the resolution on the situation of human rights in the Syrian Arab Republic. We particularly welcome new references to the victim- and survivor-centric Independent Institution on Missing Persons, a mechanism established by the UN General Assembly this June, to help clarify the fate and whereabouts of all missing persons in Syria. However, we are disappointed that the resolutions’ co-sponsors orally amended the text to remove a critical paragraph that would have mandated a regular report on humanitarian access in the country. Not only would this report have specifically highlighted instances where humanitarian access was not full, timely, unrestricted or sustained; it would have filled a gap left by the failure to renew the Security Council-mandated cross-border humanitarian mechanism earlier this year. 

The consensus adoption of the resolution on the human rights situation in the Democratic People’s Republic of Korea (DPRK) demonstrates that Member States remain deeply concerned about the appalling abuses committed by the DPRK authorities. We welcome in particular the inclusion of language on accountability. We also welcome language stressing the linkages between the human rights situation in the country, including with respect to the rights of women and girls, and the continuing diversion of DPRK’s resources to pursuing nuclear weapons and ballistic missile programmes over the welfare of its people. 

The resolution on the situation of human rights of Rohingya Muslims and other minorities in Myanmar, which was adopted by consensus, once again does not reiterate key elements of the 2021 UNGA resolution which followed the military coup in February 2021. The resolution fails to comprehensively address ongoing and escalating human rights violations by the military, despite the Special Rapporteur on Myanmar’s warning that a ‘raging fire of brutality’ is engulfing the country. The resolution however recognizes the impacts of militarization aggravated by the continued access to arms from abroad, reiterates protection needs of the Rohingya and calls for all necessary measures to be taken to provide justice to victims and ensure accountability.

The resolution on the situation of human rights in the temporarily occupied territories of Ukraine, including the Autonomous Republic of Crimea and the city of Sevastopol was adopted by vote. The resolution strongly condemns intensifying crackdowns against journalists and other media workers, human rights defenders and civil rights activists, as well as forcible transfers of Ukrainian children and other civilians to the temporarily controlled or occupied territories of Ukraine and their deportation to the Russian Federation. The resolution further calls on Russia to cease all violations and abuses, including discriminatory measures and practices, arbitrary detentions and arrests within the framework of the so-called filtration procedures, enforced disappearances, torture, sexual and gender-based violence, including compeling apprehended persons to self-incriminate or ‘cooperate” with law enforcement, ensure fair trial, and revoke all discriminatory legislation.

CIVIL SOCIETY ACCESS While we welcome the action by some States to invite civil society organisations to join informals as observers this session, it was disappointing that only a few States extended this invitation. This year, once again, civil society encountered challenges in staying informed about informal negotiations. The schedule of these informal sessions, previously available in the UN journal until 2019, was once again absent from the said journal. Instead, it was exclusively published on the e-deleGATE platform, to which civil society does not have access.These critical barriers to civil society access to Third Committee negotiations deprive the Committee of civil society’s technical expertise and mean that its outcomes fail to leverage the contributions of a crucial stakeholder in promoting the implementation of human rights.

SIGNATORIES

Access Now 

Amnesty International

ARTICLE 19

Association for Progressive Communications – APC

Center for Reproductive Rights 

CIVICUS

Fòs Feminista

Global Centre for the Responsibility to Protect

Human Rights in China

Human Rights Watch

International Center for Not-for-Profit Law

International Service for Human Rights

Outright International

Women Deliver

https://ishr.ch/latest-updates/joint-civil-society-statement-on-outcomes-of-the-unga-78-third-committee/

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Türk tells students in Geneva: Human rights are the solution

November 22, 2023

On 21 November 2023 Volker Türk, UN High Commissioner for Human Rights spoke at the Université de Genève. [see also: https://humanrightsdefenders.blog/2022/09/15/new-high-commissioner-for-human-rights-volker-turk-the-man-for-an-impossible-job/] Here some extracts:

First: war. One quarter of humanity is living today in places affected by conflict. At the end of last year, the Peace Institute in Oslo, which works closely with my Office, found that the intensity, length and number of conflicts worldwide are at their highest levels since the Cold War: 55 conflicts, lasting on average between 8 and 11 years.

In Ukraine, in Sudan, in Ethiopia, in Myanmar and across the Sahel – to take just a few examples – the level of atrocities and suffering is devastating. The armed conflict in the Occupied Palestinian Territory and Israel, after just five weeks, has seen over 11,500 people killed, including more than 4500 children – and I want to emphasise that the Gaza Ministry of Health has not been lable to update those numbers since 15 November. The war has lit a firestorm of hate speech across the Middle East and the entire world. The level of Antisemitic and Islamophobic attacks, in real life and online, is deeply shocking….

Time and again, we look back and see that conflict could have been prevented. In the Occupied Palestinian Territory, for example, my Office has repeatedly issued reports that recommend practical, feasible steps towards de-escalation of tensions and overcoming human rights violations. Injustice; discrimination; oppression; extreme inequalities; a lack of accountability for human rights violations: these are among the factors that will sadly make violence more likely.

Before I took up my mandate as the UN’s High Commissioner for Human Rights, I worked for 30 years in situations of failed prevention. I was working with and for refugees –in places where conflict had erupted, with dramatic impact on civilians; or where long years of discrimination metastasized into ethnic cleansing; or where deprivation had become so overwhelming that people were massively compelled to flee. Now, I feel my utmost priority has to be prevention – and solutions. Because that is what human rights bring. They state clearly what every human being is entitled to – a life that is free from fear and from the deprivation of certain essential resources – and in advancing those rights, they bring solutions to the root causes of preventable suffering…

Harsh restriction of civic space is the Achilles heel – the fatal weakness – of governance. If there is one message that I deliver again and again to Ambassadors and Heads of State or Government, it is this: ensuring that people can speak freely – and critically – and that they can fully and meaningfully participate in decisions will build more effective policy…

These are all measures that help to prevent conflict. They are also among the steps that can de-escalate conflict, by resolving some of its root causes; and they contribute to making a peace that is real and which can endure, with development that is sustainable because it is inclusive.

They are also key guidelines for addressing challenges as crucial and complex as climate change, runaway pollution and the obliteration of biodiversity. Acting to limit the triple planetary crisis, and upholding our right to a clean, healthy and sustainable environment, are the defining struggles of our generation.

This spiralling damage is a human rights emergency. Worldwide, climate change is pushing millions of people into hunger. It is destroying hopes, opportunities, homes and lives. In the Sahel region, a recent report by my Office outlines the profound impact of climate change-related soil degradation and declining food production on income, health, resource competition, conflict, and displacement – a vicious cycle that now spins deeper with every planting season. Temperatures in the Sahel are rising much faster than the global average; even if the global temperature rise is kept to an unlikely 1.5 degrees, the impact on the people of the Sahel will be permanent and devastating.

Across the Sahel, we can see very clearly how climate change, conflict, poverty, discrimination and lack of accountability feed into each other – creating a vast knot of issues that strangle the lives and rights of people.  But this is the case everywhere, as the climate crisis continues to generate profound and increasing threats to human rights. The dignity and the very survival of communities, of nations – and ultimately, all of humanity – is at stake.

So, again, how do we prevent this? Where are the solutions?

Notably, of course, we need global solutions. The governments and people of the Sahel, and many other regions that are experiencing extreme harm, did not contribute significantly to climate change. 

In a few days, global climate negotiations will resume in Dubai. It is absolutely essential that they lead to decisive and equitable action to prevent the worst impacts of climate change, and to remedy the impacts that can no longer be prevented. We have to ensure that Governments, businesses and individuals prioritise the interests of humanity over their short-term, narrowly defined self-interest. The fact is, the COP talks have to date fallen far short of what is needed to stop climate change and remedy its worst impacts. The world is dangerously off-track to meet the promises made in the Paris Agreement. Recent discussions on loss and damage are an example of  this. The climate justice movement, and many of the countries most vulnerable to climate change, struggled for years  for an agreement to establish a new loss and damage fund, finally achieving this objective at COP27. But the recommendations that have been sent to COP28 for operationalization of that fund do not satisfy the demands of those most affected by climate change. 

A strong governance framework that is grounded in human rights. Environmental and social safeguards. An inclusive and participatory Board. And a fair funding mechanism. These should be viewed as essentials – not a point of contention, or of trade-offs in negotiation.

Point one: We must protect civic space.

On the climate and environmental issues that affect us all, key decisions continue to be made behind closed doors – and are often influenced by fossil fuel lobbies. Environmental human rights defenders working to protect communities and land from environmental harm are often vilified, attacked and even killed. Their rights to participation, freedom of expression, and access to information and to justice must be secured. We must ensure the free, meaningful and safe participation in all climate discussions of all those most affected by climate change, including women and Indigenous Peoples.

Point two: climate action must advance equality and equity.

Adaptation strategies and all other measures need to prioritize the situation of people most affected by climate change. Funding must go first to the people who need it most.

Point three: We need to ensure access to effective remedy, and accountability, for climate-related harm.

Point four: we need resources for a rapid and just transition that advances human rights, including the right to a healthy environment...

In every country, we also need to see full participation and consultation on environmental laws and measures – notably for those who are most at risk – and protection of people who raise concerns about environmental harm and the policies that produce them.  Bashing climate protests; designing laws that unfairly restrict activities that call the public’s attention to climate harms; and allowing attacks on activists to go unpunished: these are tactics that ultimately harm all States and all human beings. We need to fix this urgently. [see also: https://humanrightsdefenders.blog/2023/10/15/climate-human-rights-defenders-increasingly-seen-as-eco-terrorists/]

So: Conflict. Discrimination. Poverty. The suffocation of civic space. The triple planetary crisis. These are five immense challenges that threaten our rights and our world, and they fuel each other. We face the compounding effects of all of them – while also confronting a surge of new human rights challenges, notably in the digital realm, including artificial intelligence and surveillance.

……

Over the past 75 years, the Universal Declaration of Human Rights has guided tremendous progress in countries across the world. It has inspired vibrant, creative, powerful activism and solidarity, empowering people to claim their rights and to engage actively in their communities and societies.

How could such a simple text guide such profound transformation? Because “recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace.” Greater respect for human rights – all human rights, building on each other ­– constructs more sustainable development. More enduring peace. A safer future.

This is an extraordinarily powerful truth…

Economies and societies that are inclusive and participative; in which opportunities, resources and services are equitably shared; and where governance is accountable, deliver justice, opportunities and hope…

And it is precisely in our era of rising storms that the 75th anniversary of the Universal Declaration of Human Rights can help us navigate to safety. Its essential values, which connect all of humanity, were set out to ward off horror and destruction, and they have been tried and tested. They embody the power of unity of purpose and the potential for transformative action – both within societies, and globally.

It is absolutely critical, now – precisely in this time of terrible crisis – that we rekindle the spirit, impulse and vitality that led to the adoption of the Universal Declaration of Human Rights, so that we can rebuild trust in each other, and move forward, united.

https://www.ohchr.org/en/speeches/2023/11/our-utmost-priority-solutions-turk-tells-students

see also: https://www.opportunitiesforafricans.com/office-of-the-high-commissioner-for-human-rights-un-ohchr-minorities-fellowship-programme-2024/

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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/

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