The ISHR is Launching “A Seat At The Table” – A guide to crafting effective narratives at the UN about human rights and the people who defend them
The stories and narratives that are told about human rights defenders at the UN have a major impact on how they are understood and supported on the ground. Over the past 9 months, the ISHR has explored perceptions and views that diplomats working at the UN have about human rights and people who defend them. The objective was to understand the messages that best increase support for human rights defenders and to craft more effective human rights narratives, particularly as they relate to people who defend human rights. ISHR is now ready to share its findings with you and launch the new practitioners’ guide “A Seat At The Table“, meant for anyone working within or engaging with the UN system to promote and protect human rights, whether they be advocates with organisations, diplomats or frontline community activists and leaders.
This event will be held online. In order to attend the event, please RSVP here.
Welcome: Ambassador Marc Bichler, Permanent Mission of Luxembourg
Panelists:
Tom Clarke, human rights campaigner, communications specialist and guide co-author
Sophie Mulphin, human rights communications specialist and guide co-author
Mary Lawlor, Special Rapporteur on the situation of human rights defenders
Ambassador Nazhat Shameen Khan, President of the Human Rights Council
Ilze Brands Kehris, Assistant Secretary-General for human rights
Guadalupe Marengo, Amnesty International
Thomas Coombes, human rights strategist and communications expert, founder of hope-based communications
Moderator: Marianne Bertrand, International Service for Human Rights
30 June 2021 1:00-2:30pm CEST Online event Register now
The Cambodian government should immediately drop baseless conspiracy and “insulting the king” charges against four environmental activists affiliated with the Mother Nature Cambodia environmental group and release the three in pretrial detention, Human Rights Watch said today.
On June 16, 2021, the police arrested Sun Ratha, 26, Ly Chandaravuth, 22, and Seth Chhivlimeng, 25, in Phnom Penh, and Yim Leanghy, 32, in Kandal province, apparently for their documentation that raw sewage has entered the Tonle Sap River near the Royal Palace. On June 20, the court charged Ratha and Leanghy with “conspiracy” and lese majeste (“insulting the king”) under articles 453 and 437 bis of Cambodia’s penal code, and Chandaravuth with “conspiracy.” If convicted, they face between 5 and 10 years in prison, and fines of up to 10 million riels (US$2,500). The authorities also charged in absentia aSpanish national, Alejandro Gonzalez-Davidson, the founder of Mother Nature Cambodia, who had been deported in 2015. Chhivlimeng was released without charge.
“The Cambodian government has stepped up its campaign to silence activists peacefully advocating to protect the environment,” said Phil Robertson, deputy Asia director. “Foreign governments, the United Nations country team, and international donors should call on the Cambodian authorities to drop their absurd charges against the environmental activists and publicly condemn any further clampdown on peaceful activism.”
An Interior Ministry spokesperson alleged that the authorities had proof that “rebellious” Mother Nature Cambodia had used foreign funding to try to topple the government, but did not make any evidence public.
This case followed earlier harassment of five Mother Nature Cambodia activists. On May 5, the Phnom Penh court convicted three environmental activists – Long Kunthea, 22, Phuon Keoraksmey, 19, and Thun Ratha, 29 – of “incitement to commit a felony or disturb social order,” articles 494 and 495 of Cambodia’s penal code. The judge sentenced them to between 18 and 20 months in prison as well as a fine of 4 million riels ($1,000) for their peaceful activism protesting the authorities’ filling-in Phnom Penh’s Boeung Tamok lake.
Amid the Covid-19 pandemic, the Cambodian authorities have stepped up their crackdown on youth and environmental activists engaged in peaceful activism and protest. The government has often used draconian new laws to arrest and prosecute activists in an apparent attempt to silence their voices and shut down their activism.
In March 2020 and early 2021, the authorities arrested environmental activists affiliated with the Prey Lang Community Network along with a prominent environmentalist and lawyer, Ouch Leng, to stop their efforts to document illegal logging and deforestation within the Prey Lang forest.
Human Rights Watch has documented cases of nearly 70 current political prisoners, including members of the political opposition, youth and environmental activists, trade union leaders, and journalists who are awaiting trial or are serving prison sentences. Many other activists have fled Cambodia to seek refuge abroad.
“Cambodia’s highly politicized courts mean that the environmental activists charged have no chance of getting a fair trial,” Robertson said. “Only international pressure on the Cambodian government holds out the possibility of saving these activists from unjust prison sentences.”
According to the Bureau minutes of 2 and 4 June 2021, the extraordinary modalities for the 47th session should be similar to the modalities applied during the 46th session.
Thematic areas of interest:
Sexual orientation and gender identity
The Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity will present his report, followed by an interactive dialogue on 24 June. The report seeks to document how particular narratives on gender are being used to fuel violence and discrimination based on sexual orientation and gender identity. In the report, the Expert examines how the incorporation of comprehensive gender theory enables more accurate and appropriate consideration of dynamics of negation and stigma, and the key role of law, public policy and access to justice in promoting either continuity of injustice or social change.
The report highlights the mandate’s position in relation to current narratives and constructions through which the application of gender frameworks, especially its promise for gender equality across diverse persons, is challenged; and build on gender concepts and feminist analysis to further substantiate the mandate’s understanding of root causes and dynamics of violence and discrimination based on sexual orientation and gender identity.
This report will be presented in the context of high levels of violence against trans and gender nonconforming people and those defending their rights. Beyond this, the COVID-19 pandemic has disproportionately impacted trans and gender nonconforming people and those defending their rights worldwide, especially those most marginalised.
Systemic racism, police brutality and violence against peaceful protests in the United States and globally
The High Commissioner will present the comprehensive report of Resolution 43/1 to the Council on 12 July followed by an interactive dialogue. ISHR previously joined 171 families of victims of police violence in the United States and over 270 civil society organisations from more than 40 countries in calling on the Council to establish an independent commission of inquiry into police killings of Black men and women, as well as violent law enforcement responses to protests in the United States….
The Council should ensure the establishment of robust international accountability mechanisms which would further support and complement, not undermine, efforts to dismantle systemic racism in the United States and globally, especially in the context of police violence against Black people.
Business and human rights
June 2021 marks the tenth anniversary of the unanimous endorsement by the Council of the United Nations Guiding Principles on Business and Human Rights (UNGPs). The Guiding Principles have become one of the key frameworks for private business to carry out their responsibility to respect human rights, for States to discharge their obligations under international law in relation to business activities, and for civil society and human rights defenders to utilise the UNGPs to demand structural changes in the way companies operate internationally. Human rights need to be an essential element of how businesses design their operations. After 10 years, we have the chance to look back and into the future with a critical eye. In that regard, a ‘Roadmap for the Next Decade’ will be presented by the UN Working Group on Business and Human Rights this month. ISHR continues to work with the UN, civil society and progressive companies to protect and promote the work of human rights defenders.
In tandem with its annual report, the UN Working Group will also present in June a long-awaited guidance document on business and human rights defenders based on the UNGPs. The ‘United Nations Guidance on the role of the Guiding Principles for engaging with, safeguarding and ensuring respect for the rights of human rights defenders’ was supported and informed by ISHR and partners, and builds on the experiences gathered through the Business Network on Civic Freedoms and Human Rights Defenders, an initiative ISHR co-founded with the Business and Human Rights Resource Centre. This document will become a key instrument for civil society, businesses and States in ensuring that human rights defenders are protected and recognised as essential actors in maintaining rule of law and a functioning shared civic space.
During the 42nd session, the Council adopted a resolution which listed key trends such as the patterns of reprisals, increasing self-censorship, the use of national security arguments and counter-terrorism strategies by States as justification for blocking access to the UN. The resolution also acknowledged the specific risks to individuals in vulnerable situations or belonging to marginalised groups, and called on the UN to implement gender-responsive policies to end reprisals. The Council called on States to combat impunity and to report back to it on how they are preventing reprisals, both online and offline.
Item 5 of the Human Rights Council’s agenda provides a key opportunity for States to raise concerns about reprisals, and for governments involved in existing cases to provide an update to the Council on any investigation or action taken toward accountability to be carried out.
During the organisational meeting held on 7 June, the President of the Council stressed the importance of ensuring the safety of those participating in the Council’s work, and the obligation of States to prevent intimidation or reprisals.
ISHR recently launched a study analysing 709 reprisals cases and situations documented by the UN Secretary-General between 2010 and 2020 and looked at trends and patterns in the kinds of cases documented by the UNSG, how these cases have been followed up on over time, and whether reprisal victims consider the UN’s response effective. Among other things, the study found that nearly half the countries serving on the Council have been cited for perpetrating reprisals. The study also found that the HRC Presidency appears to have been conspicuously inactive on intimidation and reprisals, despite the overall growing numbers of cases that are reported by the UNSG – including on individuals’ or groups’ engagement with the HRC – and despite the Presidency’s legal obligation to address such violations. The study found that the HRC Presidency took publicly reported action in only 6 percent of cases or situations where individuals or organisations had engaged with the HRC. Not only is this a particularly poor record in its own right, it also compares badly with other UN actors.
In line with previous calls, ISHR expects the President of the Human Rights Council to publicly identify and denounce specific instances of reprisals by issuing formal statements, conducting press-briefings, corresponding directly with the State concerned, publicly releasing such correspondence, and insisting on undertakings from the State concerned to investigate, hold the perpetrators accountable and report back to the Council on action taken.
Other thematic reports
At this 47th session, the Council will have dedicated debates with the mandate holders and the High Commissioner, including interactive dialogues with:
The High Commissioner on State response to pandemics
The Special Rapporteur on the right to housing
The Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
The Independent Expert on human rights and international solidarity
The Special Rapporteur on the right to education
The Special Rapporteur on extreme poverty and human rights
The Special Rapporteur on extrajudicial, summary or arbitrary executions
The Special Rapporteur on the rights to freedom of peaceful assembly and of association
The Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
The Working Group on arbitrary detention on its study on drug policies
The Special Rapporteur on the right to privacy
In addition, the Council will hold dedicated debates on the rights of specific groups including:
The Special Rapporteur on the human rights of migrants
The Special Rapporteur on the human rights of internally displaced persons
The Special Adviser on Prevention of Genocide
The Working Group on discrimination against women and girls
The Special Rapporteur on violence against women, its causes and consequences
The Special Rapporteur on trafficking in persons, especially women and children
The Special Rapporteur on the independence of judges and lawyers
The Special Rapporetur on the elimination of discrimination against persons affected by leprosy and their family members
Country-specific developments
China
One year after the UN Special Procedures issued a sweeping statement calling for the international community to take ‘decisive action’ on the human rights situation in China, much more remains to be done. Calls are growing for more clear and timely reporting from the UN, including the High Commissioner for Human Rights and her Office, on the repressive policies and practices targeting Uyghurs and other Turkic Muslims. At the same time, worrying news continues about violations of cultural rights of Tibetans, while Hong Kong’s democratic institutions – and its people – have suffered a series of blows from legislative, policy and legal decision targeting pro-democracy leaders. For the first time since 1989, peaceful public demonstrations to commemorate the massacre on Tiananmen Square were prohibited.
At the 46th session of the Council, over 30 States led by Finland urged Egypt to end its repression of human rights defenders, LGBTI persons, journalists, politicians and lawyers under the guise of countering-terrorism. The joint State statement ended years of a lack of collective action at the Council on Egypt, despite the sharply deteriorating human rights situation in the country. Egypt must answers these calls, starting by releasing the thousands arbitrarily detained, protecting those in custody from torture and other ill-treatment, and ending the crackdown on peaceful activists. The UN Working Group on Arbitrary Detention has previously concluded that arbitrary detention is a systematic problem in Egypt and the Committee against Torture has concluded that torture is a systematic practice in Egypt. To date, Egypt has failed to address all the concerns expressed by States, the High Commissioner and Special Procedures, despite repeated calls on the government, including most recently by over 60 NGOs. ISHR joined over 100 NGOs from across the world in urging the Council to establish a monitoring and reporting mechanism on Egypt and will continue to do so until there is meaningful and sustained improvement in the country’s human rights situation.
Saudi Arabia
This session will mark two years since the Special Rapporteur on extrajudicial, summary or arbitrary executions presented to the Council the investigation into the unlawful death of Saudi journalist Jamal Khashoggi, and yet no meaningful steps towards accountability have been taken by the Saudi authorities. The Special Rapporteur called on Saudi Arabia to “demonstrate non-repetition by: releasing all individuals imprisoned for the peaceful expression of their opinion and belief; independently investigating all allegations of torture and lethal use of force in formal and informal places of detention; and independently investigating all allegations of enforced disappearances and making public the whereabouts of individuals disappeared”. To date, Saudi Arabia has refused to address these key concerns, which were also raised by over 40 States at the Council in March 2019, September 2019 and September 2020, further demonstrating its lack of political will to genuinely improve the human rights situation and to engage constructively with the Council. The sentencing and subsequent release of several women’s rights activists highlights the importance of the Council’s scrutiny which must be sustained in order to secure meaningful, concrete, and systematic gains. We recall that the Special Rapporteur also called on Member States to support resolutions that seek to ensure or strengthen accountability for the execution of Khashoggi. ISHR reiterates its call on the Council to establish a monitoring and reporting mechanism on the human rights situation in Saudi Arabia.
Colombia
After more than a month of strikes and street protests in Colombia, which have seen protestors killed at the hands of law enforcement officers and civilians, and human rights defenders covering the events threatened and attacked, the Council session provides States with the opportunity to take action. States must call on Colombia to respect the human rights of its people – including the right to freedom of peaceful assembly – and address the underlying causes of the protests, including violations of economic, social and cultural rights, inequality and racial discrimination. This situation of violence and non-compliance with all standards of the use of force has had a particular impact on the Afro-descendant population. Specific calls from Colombian civil society include for OHCHR to investigate and report on the protests in the country including gather statistical data on the facts that threaten the human rights of Afro-Colombian people; for the High Commissioner to visit Colombia when possible; and for Colombia to open its doors to a range of Special Rapporteurs to allow for ongoing monitoring and reporting. The High Commissioner, who has made a statement on the situation in the country, will present her annual report at the start of the session and it is hoped and expected that Colombia will feature as a country of concern. [see also: https://humanrightsdefenders.blog/2020/01/20/colombia-21-january-2020-civil-society-begins-a-much-needed-patriotic-march/]
Nicaragua
Last March, the Council renewed its resolution on the human rights situation in Nicaragua, which strengthened the High Commissioner’s office monitoring and reporting mandate, by including an interim oral update with recommendations in the context of upcoming national elections. Despite the resolution’s clear calls on the Government to repeal recently adopted laws that harshly restrict civic space, stop targeting human rights defenders and journalists, and urgently implement reforms to ensure free and credible elections, the Nicaraguan authorities have acted in the opposite direction. While UN experts ‘deplore spate of attacks and arrests of human rights defenders’, the OHCHR publicly expressed their deep concern that ‘Nicaragua’s chances of holding free and genuine elections on 7 November are diminishing as a result of measures taken by authorities against political parties, candidates and independent journalists, which further restrict the civic and democratic space’. As the High Commissioner will present her oral update on Nicaragua on 22 June, States should call on Nicaragua to urgently reverse course and implement the recommendations from resolution 46/2, in particular to guarantee the enjoyment of the rights to freedom of information, expression, association and assembly, and the right to take part in the conduct of public affairs; and to swiftly put an end to the harassment (including the judicial harassment) and detention of journalists and ex-members of the Violeta Chamorro Foundation and Confidencial media outlet.
Venezuela
Venezuela will be back on the Council’s agenda with OHCHR providing an update on the situation of human rights in the country, including in regard to UN recommendations (5 July). Recent positive developments in the country, including the nomination to the National Electoral Council of individuals supported by a broad swathe of civil society, are offset by continuing human rights and humanitarian crises. The UN’s recommendations to Venezuela are numerous, wide-ranging and largely ignored. States must use opportunities at the Council to press home the importance of those recommendations being heeded. ISHR looks forward to making a statement during the dialogue, focusing in on levels of implementation of recommendations. Given that reprisals against Venezuelan defenders have been common over recent years – with cases cited in eight of the Secretary General’s reports on cooperation with the UN since 2010 – it is essential that States speak out in support of civil society engagement and that the UN define a preventative strategy to ensure defenders’ protection.
Burundi
On 30 June 2020, the Supreme Court of Burundi set aside the ruling by the Appeals Court to uphold the 32-year sentence in Rukuki’s case and ordered a second appeal hearing, citing violations to his right to a fair trial. This second appeal hearing took place 8 months later on 24 March 2021 in Ngozi prison, where he is currently detained. According to the Burundian Code of Criminal Procedure, following the hearing the Court has 30 days to return a verdict on the case, but this verdict is still pending nearly 60 days later. This delay clearly demonstrates a lack of due process in the case of the internationally recognised human rights defender and political prisoner. In an open letter, a group of civil society organisations denounced the dysfunctioning of judicial proceedings in the country. After confirming the 32 years sentence of defender Germain Rukuki, Burundi continues its crackdown against civil society. Germain Rukuki has now spent nearly 4 years in prison. He has already waited an additional 30 days for this final verdict to be announced without any legal reason; he should not have to wait any longer. In addition to ensuring the continued work of the Commission of Inquiry on Burundi, members of the Council need to call on Burundi to demonstrate their commitment to respect the independence of the judiciary and comply fully with the fair trial obligations of Burundi under international law and announce the verdict in this case without any further delay. [see also: https://humanrightsdefenders.blog/2019/03/29/ngo-statement-condemns-new-irregularities-in-the-case-of-germain-rukuki-burundi/]
The Council will consider reports on and is expected to consider resolutions addressing a range of country situations, in some instances involving the renewal of the relevant expert mandates. These include:
Interactive Dialogue with the SR on the situation of human rights in Eritrea
Oral update by the High Commissioner on the situation of human rights in Nicaragua
Interactive Dialogue with the SR on the situation of human rights in Belarus
Interactive Dialogue with the Commission of Inquiry on the Syrian Arab Republic
Interactive Dialogue with the High Commissioner on the human rights situation of Rohingya Muslims and other minorities in Myanmar and Interactive Dialogue with the SR on the situation of human rights in Myanmar
Interactive Dialogue with the SR on the situation of human rights in the Palestinian Territories occupied since 1967
Interactive Dialogue with the High Commissioner on Ukraine and interim report of the Secretary-General on human rights in Crimea
Interactive Dialogue with the Independent Expert on the situation of human rights in the Central African Republic
Council programme, appointments and resolutions
During the organisational meeting for the 47th session held on 7 June the President of the Human Rights Council presented the programme of work. It includes seven panel discussions. States also announced at least 22 proposed resolutions. Read here the reports presented this session.
The President of the Human Rights Council will propose seven candidates for the following sevent mandates:
The Independent Expert on the enjoyment of human rights by persons with albinism;
The Special Rapporteur on the right to privacy;
The Special Rapporteur on violence against women, its causes and consequences;
Two members of the Working Group of Experts on People of African Descent (one from Asia-Pacific States and one from Eastern European States);
A member of the Working Group on Enforced or Involuntary Disappearances, from Western European and other States;
The Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights
As of 8 June, however, the recommended candidates list was only available for four of the above positions, due to challenges among the Consultative Group, the five individuals appointed from each UN region to interview and shortlist candidates. It is critical that the process overcome such delays, so as to avoid any protection gaps arising from a failure to appoint a new mandate holder.
Resolutions to be presented to the Council’s 47th session
The following resolutions were announced (States leading the resolution in brackets):
Menstrual hygiene, human rights and gender equality (Africa Group)
Elimination of harmful practices (Africa Group)
Cooperation with and assistance to Ukraine in the field of human rights (Ukraine)
Situation of human rights of Rohingya Muslims and other minorities in Myanmar (OIC)
The protection of human rights in the context of human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS) (Brazil, Colombia, Mozambique, Portugal, Thailand)
The human rights situation in the Syrian Arab Republic, on missing persons and enforced disappearances (France, Germany, Italy, Jordan, Kuwait, Netherlands, Qatar, Turkey, United Kingdom of Great Britain and Northern Ireland, United States of America)
The human rights situation in Belarus, mandate renewal (EU)
The human rights situation in Eritrea, mandate renewal (EU)
Negative impact of corruption on the enjoyment of human rights ( Austria, Argentina, Brazil, Ethiopia, Indonesia, Morocco, Poland, United Kingdom of Great Britain and Northern Ireland)
Enhancement of international cooperation in the field of human rights (Azerbaijan on behalf of NAM)
New and emerging digital technologies and human rights (Austria, Brazil, Denmark, Morocco, Republic of Korea, Singapore)
Human rights of migrants (Mexico)
Impact of arms transfers on human rights (Ecuador, Peru)
Civil society space (Chile, Ireland, Japan, Sierra Leone, Tunisia)
Realizing the equal enjoyment of the right to education by every girl (UAE, UK)
Preventable maternal mortality and morbidity (Colombia, New Zealand, Estonia)
The promotion, protection and enjoyment of human rights on the Internet (Brazil, Nigeria, Sweden, Tunisia, United States of America)
Accelerating efforts to eliminate all forms of violence against women (Canada)
Right to education (Portugal)
Adoption of Universal Periodic Review (UPR) reports
During this session, the Council will adopt the UPR working group reports on Federated States of Micronesia, Lebanon, Mauritania, Saint Kitts and Nevis, Australia, Saint Lucia, Nepal, Oman, Austria, Myanmar, Rwanda, Georgia, Sao Tome and Principe and Nauru.
ISHR supports human rights defenders in their interaction with the UPR. We publish and submit briefing papers regarding the situation facing human rights defenders in some States under review and advocate for the UPR to be used as a mechanism to support and protect human rights defenders on the ground.
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. Seven panel discussions are scheduled for this upcoming session:
High-level panel discussion on the multisectoral prevention of and response to female genital mutilation
Panel discussion on the tenth anniversary of the Guiding Principles on Business and Human Rights
Panel discussion on the human rights of older persons in the context of climate change [accessible panel]
Annual full-day discussion on the human rights of women, one on violence against women and girls with disabilities, and another on gender-equal socioeconomic recovery from the COVID-19 pandemic
Quadrennial panel discussion on promoting human rights through sport and the Olympic ideal [accessible panel]. Theme: The potential of leveraging sport and the Olympic ideal for promoting human rights for young people
Annual thematic panel discussion on technical cooperation and capacity-building. Theme: Technical cooperation to advance the right to education and ensure inclusive and equitable quality education and lifelong learning for all
On 11 June 2021 Mary Lawlor, the UN Special Rapporteur on the situation of human rights defenders, called on the United Arab Emirates to immediately release five human rights campaigners detained since 2013.
In July 2013, 69 of the defendants in the “UAE-94” case were sentenced, eight of them in absentia, up to 15 years in prison. The detentions came amid Abu Dhabi’s crackdown on an Islamist association called al-Islah and other activists calling for political reform in the aftermath of the Arab Spring.
“They should have never been detained in the first place for legitimately exercising the freedoms that all people are entitled to,” said Mary Lawlor.
Lawlor called the five activists’ sentences “excessively severe” and noted that the UN Working Group on Arbitrary Detention has declared their sentences arbitrary.
She noted allegations that the rights defenders have been subjected to long periods in solitary confinement, which could amount to torture. Other allegations include prison guards shutting off the air conditioning amid scathing hot temperatures and covering windows to prevent the prisoners from getting sunlight.
The prisoners have severely limited or no access to legal counsel, Lawlor said, potentially violating their right to a fair trial.
“I call on the Emirati authorities to release these human rights defenders from detention in order to continue their meaningful and necessary human rights work,” Lawlor said.
The Voices of Uyghur camp survivors : a conversation with Gulbahar Jalilova, is organised by the International Service for Human Rights and the World Uygur Congress. This event will be held in English, with Uyghur and French interpretation. Time 25 May 2021 11:00 AM in Zurich
Description Over a million Uyghurs and Turkic Muslims people are held in internment camps in the Uyghur region, exposed to harsh detention conditions, sexual violence, and the suppression of culture and religious practice.
Gülbahar Jalilova was arbitrarily detained for sixteen months: now in exile, she’s decided to speak out on what she’s been through as a woman detainee despite the very high risks she faces.
Last February, ten UN independent experts wrote to the Chinese government about her case, raising grave concern about violations of international human rights and requesting explanations. What is the impact of this letter? What can the United Nations do to push for greater documentation, accountability, and justice for victims?
An event with Gülbahar Jalilova, Elizabeth Broderick (Chair of the UN Working Group on discrimination against women and girls), and Zumretay Arkin (Program and Advocacy Manager, World Uyghur Congress). Moderation by Raphael Viana David (ISHR).
Mary Lawlor:Since taking up this role just over a year ago, Covid has meant that I have worked almost entirely online. This has been an opportunity to expand the ways we promote the work of Human Rights Defenders in online spaces.
So today, I am delighted to unveil my new website, which has been in the works for some time. At srdefenders.org, you’ll find the latest news and information about Human Rights Defenders and what my mandate is doing to protect them.
On 7 May 2021 Mary Lawlor, the Special Rapporteur on the situation of human rights defenders, condemned a decision by a Cambodian court to sentence three environmental human rights defenders to jail terms of up to 20 months and urged the Government to release them immediately and unconditionally.
The convicted human rights defenders – Mr. Thun Ratha, Ms. Long Kunthea and Ms. Phuon Keoraksmey – are members of Mother Nature Cambodia (MNC), a non-governmental organization that advocates for the protection and preservation of Cambodia’s natural environment and supports local communities in defending those rights.
The three, who were sentenced by the Phnom Penh Municipal court on charges of incitement to create social chaos, had been in pre-trial detention for eight months before the conviction.
“The decision of the Cambodian court sentencing the three human rights defenders to prison terms is disgraceful and only reinforces the Government’s enduring policy to diminish civic space and dissenting voices,” said Mary Lawlor, the Special Rapporteur on the situation of human rights defenders.
“The verdict also shows how unable and unwilling the court is to uphold human rights and fundamental freedoms that the government has voluntarily accepted. I am concerned about the pattern of increasing prosecution of human rights defenders in Cambodia since July 2020,” Lawlor said. “The trial and conviction against the MNC human rights defenders clearly demonstrates a sustained intolerance and efforts to undermine the space for human rights defenders.”
“This decision is extremely worrying as States have the obligation to provide a safe and enabling environment in which environmental human rights defenders can operate free from threats, harassment, intimidation, criminalisation and violence,” emphasized the Special Rapporteur on human rights and the environment, Dr. David Boyd.
The three were arrested in September 2020 without warrants and were charged under articles 494 and 495 of Cambodia’s Penal Code. The charges carried a custodial sentence of between six months to two years and a fine of one to four million riels (approximately USD 250 to USD 1,000).
Lawlor expressed serious concerns about the lack of factual evidence underpinning the charges. The human rights defenders were convicted based on a number of Facebook posts on environmental matters and video clips which showed them raising human rights and environmental awareness in a factual and peaceful manner. No substantial evidence was cited that would prove how their actions had in fact or could potentially lead to “social chaos”.
“While the three human rights defenders may still file an appeal, I urge the Cambodian Government to immediately and unconditionally release them. No one should be criminalised for undertaking legitimate human rights work,” she said. “As highlighted in my last statement in November, I call on the United Nations system in Cambodia to support all human rights defenders who are exposed to risk.”
Not surprisingly the Cambodian government see it differently:
Cambodia’s permanent mission to the UN said Lawlor’s statement was false and misleading.
“Crime is crime and it cannot be justified because it is in pursuit of other aspirations,” the press release said.
The permanent mission’s statement said that Cambodia values all duly-registered NGOs that are operating within the boundaries of law and that, unfortunately, Professor Lawlor seems to be advocating the work of an unlawful organization that commits crimes in the name of environmentalism.
The mission said MNC had officially dissolved itself in 2017, but the organisation continued on illegally exploiting the environmental movement until today and that the self-proclaimed human rights defenders are not entitled to break the law with impunity.
It described Lawlor’s remarks as inappropriate and an interference in the national judicial system of a sovereign state, saying the demand for the government to arbitrarily release anyone is tantamount to an attack on the separation of powers and the independence of the judiciary that are guaranteed under the Constitution.
On 12 May 2021 the International Rescue Committee (IRC) and 25 other civil society organizations have issued a joint statement ahead of the May 25th UN Security Council Open Debate on the Protection of Civilians in Armed Conflict. The joint statement calls for the UN Secretary General, UN Security Council, Member States, and armed actors to take urgent and ambitious action to shift mindsets and invest in robust policies, strategies, and practices, to protect civilians caught in armed conflict.
Civil Society Statement on the Protection of Civilians in Armed Conflict (2021)
Over the past year, anniversaries of the conflicts in Syria, Libya, Yemen, and new outbreaks of violence elsewhere, have served as grim reminders of the international community’s lack of meaningful progress to uphold their commitments to protect civilians in armed conflict. The COVID-19 pandemic has interacted with new, ongoing, and protracted conflicts, exacerbating existing inequalities and protection concerns, and contributing to dramatically escalating humanitarian needs including displacement, famine and food insecurity, and desperate medical shortfalls. Civilians living in conflict-zones continue to experience the devastating impacts of conflict-related environmental damage and an increased vulnerability to climate and environmental risks with wide-ranging effects on health and human suffering.
Meanwhile, States continue to use the pandemic and other pretexts to shrink civic space. Dialogue essential to the development of policies, strategies, and plans for protection of civilians too often fails to be adequately representative and inclusive of civil society, despite their voices being essential. This is especially true for vulnerable or marginalized communities and for human rights defenders.
Parties to conflict continue to be blind to the gendered, age-specific, and intersectional vulnerabilities of civilians. In particular, conflicts continue to undermine the rights of women, children, persons with disabilities and minorities, especially when it comes to participating in decisions that impact their lives and communities. Conflict often leads to the widespread use of gender-based violence, undermining of women’s freedom of movement and access to education, health and livelihoods. The deliberate targeting and collateral impact of conflicts on women and girls continues to result in specific gendered harms that must be redressed, requiring the humanitarian system to ensure that there is gender equity in the decision-making structures at all levels. Attacks on educational institutions and their military use result in death, destruction, and loss of education, creating long-term negative consequences for whole communities.
Moreover, the absence of genuine political will to realize accountability for war crimes and other serious violations has deepened a culture of impunity. As a result, parties to conflict continue to directly violate international humanitarian law (IHL) or enable violations by others and fail to take meaningful practical steps to minimize and respond to civilian harm in conflict. Parties, including some States who profess to support the protection of civilians agenda are also fueling protection crises around the world, including through the supply of weapons and other forms of military and security assistance. Rather than enhancing the protection of civilians, millions have been forced to flee bombing and fighting and face hunger, starvation and disease as their access to life-saving humanitarian assistance is denied or otherwise impeded.
At the same time, protecting civilians has too often been understood through the prism of compliance with international humanitarian law. This is an incomplete view: compliance with the law is the bare minimum, but current patterns of harm and long-term effects of hostilities highlight the need for policies and practices to effectively prevent, minimize, and respond to civilian harm. The full protection of civilians must become a strategic imperative across scenarios from direct involvement in hostilities to support provided to parties to conflict, and through the full spectrum of UN and other international and regional peace operations. This should entail prioritizing the health and wellbeing of people, supporting political and social structures that ensure justice and dignity, and protecting the environment, and be understood as a wider goal of conflict prevention and response.
Ambitious action to shift mindsets and invest in robust policies, strategies and practices is urgently required to adequately protect civilians caught in armed conflict:
Member States, the UN System, and the international community must recommit to a United Nations of ‘We the Peoples’, and engage conflict-affected communities and local, national, and international civil society in a direct, robust, inclusive, and sustained dialogue on the protection of civilians and measures to minimize civilian harm. Effective protection of civilians can only be conceived and implemented through safe and inclusive dialogue with conflict-affected communities and civil society at all levels. Additionally, the UN, States, and other stakeholders should support nonviolent and community-based protection mechanisms where possible such as political mediation, early warning/early response activities, and unarmed civilian
The UN Security Council, Member States, and the UN System must fulfill their commitment to the full protection of civilians, including by promoting and implementing the relevant and applicable legal and policy frameworks. Member States should partner with civil society to develop national policy frameworks that include mechanisms to systematically record casualties, track, analyze, prevent, mitigate, and respond to civilian harm from the actions of their own and those of security partners, including the indirect and reverberating effects of hostilities on critical civilian objects, critical infrastructure and essential services, including health and education, and that ensure principled and sustained dialogue with humanitarian organizations in conflict contexts.
The UN Security Council, Member States and all parties to conflict must operate in a manner that preserves and protects space for principled humanitarian action, including by ensuring compliance with international humanitarian and human rights law, as a critical aspect of strengthening the protection of civilians. As conflicts are increasingly defined as protection crises, disproportionately affecting women, girls, and boys, and are compounded by the gendered and age-specific impacts of COVID-19, States must take actions to reinforce the rights of women, children, persons with disabilities and other marginalized groups, and the localization of principled humanitarian response. States and all other parties to conflict must facilitate unhindered access to affected populations, respecting humanitarian principles of humanity, impartiality, neutrality, and independence. Sanctions and counterterrorism measures must include effective humanitarian exceptions and not limit principled humanitarian action. All actors must redouble efforts to protect humanitarian, education and health workers, and cease attacks on them, particularly in light of COVID-19’s effects and vaccine rollout.
The UN Secretary-General, the Security Council, and Member States must redouble efforts to ensure accountability for violations, including by publicly condemning actors who violate international humanitarian law, international human rights law and other applicable legal frameworks. The UN Security Council and Member States must strengthen the implementation of accountability mechanisms. The Secretary-General should reinforce transparent mechanisms, including at the field level, to track, analyze, and publicly report on violations caused by parties to armed conflicts, and make practical recommendations to enhance the protection of civilians and prevent further violations. Critical mechanisms established to help strengthen accountability, such as the list of perpetrators of grave violations of children’s rights included in the Secretary-General’s Annual Report on Children and Armed Conflict, must be credible and accurate, free from politicization.
Member States should engage constructively in the process to develop a political declaration that would strengthen the protection of civilians from the use of explosive weapons with wide area effects. Such a declaration should commit States to avoid the use of explosive weapons with wide area effects in populated areas. It should include inclusive humanitarian provisions to assist victims and affected communities including from damage and destruction to infrastructure – including schools and hospitals – and the resulting reverberating effects. This should recognize the particular vulnerability of and specific impacts of explosive weapons on children, the gendered impacts, and particular impacts on persons with disabilities.
The UN Secretary-General must work together with the UN Security Council to ensure protection is at the heart of UN peace operations. Configurations and operations of UN peace operations must prioritize and be driven by analysis of threats against civilians, including threats of sexual and gender-based violence and threats of grave violations against children. The Secretary-General and Member States should ensure a coherent and adequately resourced approach to the protection of civilians, including that distinct capacities for protection, human rights, gender equality and the empowerment of women and girls, and child protection are defined and provided across the spectrum of peace operations and in UN Country Teams, and sustained throughout transitions. Peacekeeping operations should continue to strengthen implementation of the UN Department of Peace Operations PoC Policy, mitigate potential harm from their presence or operations, and incorporate local perspectives into protection strategies.
As civil society, we believe in the comprehensive protection of civilians: the protection of civilians from conflict, the protection of civilians during conflict, and the protection of civilians in the devastating and often long aftermath of conflict. Over the past year, the pandemic has further forced the world to confront the protection implications of a global health crisis. Especially in the context of conflict, States and the international community must meaningfully advance the protection of civilians, starting with a recommitment to the critical dictum of “do no harm.”
The DVB made on 10 May 2021 the following emergency statement :
Three senior DVB’s journalists and two activists, who escaped to Thailand after the military crackdown in Burma, were arrested by the police on Sunday, May 9th in Chiang Mai, Thailand. They were arrested during a random search by the police and charged for illegal entry into Thailand. DVB strongly urges the Thai authorities to not deport them back to Burma, as their life will be in serious danger if they were to return. They have been covering the demonstrations in Burma until March 8 – the day the military authority revoked DVB’s TV license and banned DVB from doing any kind of media work. We also appeal to the United Nations High Commissioner for Refugees in Bangkok to intervene to help guard their safety. We request the international community to help call the Thai authorities to waive their deportation. Thank you in name of all DVB journalists, Aye Chan Naing, Executive director and chief editor DVB
Janika Spannagel on 29 Apr 2021 announced the publication of this new report of the International Service for Human Rights (ISHR). A virtual event to launch ISHR’s new quantitative analysis of the scope and impact of UN action to combat intimidation and reprisals will take place later today at 16h00 Geneva time
The ability of the UN human rights system to function depends on the testimonies of thousands of human rights defenders and victims from across the world who engage with UN mechanisms every year. However, interactions with the UN often come with risks for activists – many face reprisals from their home countries, ranging from severe, violent retaliation to equally effective administrative hurdles to their work in human rights.
Some of these reprisal cases are raised by UN bodies with the responsible government and reported in annual reports by the UN Secretary-General. However, what becomes of the affected individuals’ cases after the UN’s involvement remains largely unclear.
This study aims to both establish a clear understanding of which reprisal cases are raised by UN communications, and to shed light on the question of their effectiveness in improving individuals’ situations.
The project was funded by the International Service for Human Rights (ISHR) and conducted jointly with their New York office between November 2020 and March 2021.
Hans Thoolen on Human Rights Defenders and their awards 