Over 100 civil society organizations (for the names, click the link at the end of the post) published a joint letter on 21 October 2020 to express their strong support for the report on “The Privatisation of Water and Sanitation Services” of the United Nations (U.N.) Special Rapporteur on the human rights to safe drinking water and sanitation, Mr. Léo Heller. He will present the report to the U.N. General Assembly today. They also express deep concern about the attempts by a group of private water operators to undermine the independence of the Special Rapporteur and his work. Programmes.
This new report is an important contribution to a debate that is crucial in current times. The role of private actors in the delivery of public services, including water and sanitation services, has been increasing in the last decades. In recent years, at least four other U.N. Special Procedures ( extreme poverty and human rights, education, housing, and debt) have written on this topic in their respective reports. Just this week, eight current and former U.N. Special Rapporteurs and independent experts met at a major event on privatisation gathering hundreds of people online, and five of them released an op-ed published worldwide on the importance of the issue of privatisation and human rights.
Mr. Heller’s report is balanced and acknowledges the diversity of context. His report is the result of his work over the last six years and, remarkably, it was prepared through several consultations that go far beyond what is expected or what is the usual practice under U.N. Special Procedures. The consultations included a wide range of stakeholders, including States and the private sector, and were transparently shared on the mandate’s website.
Yet, despite the importance of this issue and the measured and constructive solutions offered, the Special Rapporteur has faced considerable pushback from Aquafed, a lobby group for private water companies such as Veolia and Suez. We are aware that Aquafed wrote to the President of the Human Rights Council, the United Nations High Commissioner for Human Rights, and to States. These letters personalised the issue, questioning Mr. Heller’s impartiality and respect of the applicable rules. The concerns they raise are however unfounded; they aim at silencing and discrediting him, rather than debating substance.
This interference is a transparent and unacceptable attempt to protect the industry’s profits from exposure to the reality of the lived experience of far too many who have had their human rights violated under privatisation.
We would like to express our thorough support to Mr. Heller’s rigour and professionalism. Despite limited resources, he has consulted widely for this report, and for his previous reports. Throughout his six-year mandate, he paid attention to affected communities and families who do not enjoy the rights to water and sanitation. In strict adherence to the rules of conduct and the mandate of the Human Rights Council, he has conducted quality, evidence-based, thoughtful research. He has taken into consideration the views he received through consultations, but acted independently from States, the private sector, and other stakeholders, which is the pillar of the United Nations special procedures mechanism. There is no doubting his integrity, professionalism, or commitment to human rights.
The signatories would like to express our recognition for the work that the Special Rapporteur has undertaken in the last six years and in particular, we underline the importance of his work on privatisation. Mr. Heller makes recommendations for States, private actors and international financial institutions, which we believe merit due attention and action.
We urge States, as duty-bearers, to continue placing their obligation to fulfill the human rights of all people above the financial interests of any private actor.
Sincerely,
Convening partners: Corporate Accountability Global Initiative for Economic, Social and Cultural Rights Public Services International The Transnational Institute
●UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
●Permanent Mission of Finland to the UN
●Permanent Mission of the State of Qatar to the UN
●Open Society Foundations’ Education Program
●Scholars at Risk
Context: On Friday 23 October 2020 the Third Committee of the UN General Assembly will consider the report on academic freedom presented by the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression. The report focuses on the ways in which the freedom of opinion and expression protect and promote academic freedom, and the special role played by academics and academic institutions in democratic society when assured of institutional autonomy and self-governance. Without academic freedom, societies lose their capacity for self-reflection, for knowledge generation and for a constant search for improvements of people’s lives and social conditions. Drawing on examples from all regions of the world, the report highlights the repression and harassment of scholars and students, unlawful restrictions on freedom of opinion and expression that interfere with research, teaching, debate and discussion by the academic community in their institutions or in other fora, and various measures, from funding of research to hiring of professors and administrators, that are used to erode and attack the autonomy of academic institutions.The report provides clear guidance on the scope of academic freedom, recognizing that it is protected by a wide range of human rights norms and principles, including the right to freedom of opinion and expression. It encourages individuals and organizations to articulate their claims as violations of academic freedom, and concludes with a set of recommendations to States, academic institutions and civil society. The side event is aimed at discussing how the report’s findings and recommendations can be used to ensure the realization of the freedom of opinion and expression to seek, receive and impart information and ideas of all kinds, regardless of frontiers as an integral aspect of academic freedom and enhance the ability of academics and institutions to contribute to democracy and development around the world.Objectives
This side event will provide a forum to discuss the challenges to academic freedom, including social harassment and political repression of scholars, students, and institutions around the globe, as well as legal protections offered by international human rights law, including in particular the right to freedom of opinion and expression, and how the report’s analysis and recommendations can be used to protect the freedom of opinion and expression aspects of academic freedom worldwide.Modalities.
The one-hour moderated discussion will have the following format:
Opening remarks: H.E. Sheikha Alya Ahmed bin Saif Al-ThaniPermanent Representative of Qatar to the United Nations and H.E. Juan Ramon de la Fuente Permanent Representative of Mexico to the United Nations
Ms. Irene Khan, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression.
Presentation of the main findings and recommendations of the report Prof. David Kaye, former Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression.
Panel discussion:
●Ms. Camilla Croso, Director of the Education Program of the Open Society Foundations, will highlight the role of academic freedom and its importance in advancing open and democratic societies
●Dr. Maleiha Malik, Executive Director, Protection of Education in Insecurity and Conflict, Education Above All Foundation, will discuss the particular challenges to academic freedom in countries affected by conflict
●Mr. Robert Quinn, founding Executive Director of the Scholars at Risk Network, will describe some current legal challenges and responses to pressures on academic freedom around the world
Concluding remarks: Ms. Irene Khan, Special Rapporteur.
Jordi Cuixart is the head of Omnium Cultural, a Catalonian cultural association
THE UN’s special rapporteur on Human Rights Defenders, Mary Lawlor, has called for jailed Catalonian independence activist Jordi Cuixart to be freed.
Yesterday marked the third anniversary of the civic leader’s imprisonment for his role in the 2017 independence referendum. Writing in The National, Cuixart reveals the grim reality of life in a Spanish prison, saying that he’s forced to spend 23 hours a day in a room measuring just eight square metres. However, the father of two young children makes clear that he would make the same choices as before.”
He was handed a nine-year sentence after being convicted of sedition. Unlike the other eight imprisoned, Cuixart is not a politician, he is the head of Omnium Cultural, a Catalonian cultural association.
Taking to Twitter, Lawlor said it was time for Cuixart to be freed. “In 2019, the Working Group on Arbitrary Detention found his detention to violate both the [Universal Declaration of Human Rights] and [the International Covenant on Civil and Political Rights] and deemed it arbitrary. He should be released.”
Israel, which was angered in February by the UN listing companies with activities in illegal Israeli settlements, has granted no visas to UN rights staff for months, the agency said Friday. “Visa applications have not been formally refused, but the Israeli authorities have abstained from issuing or renewing any visas since June,” UN rights office spokesman Rupert Colville told AFP in an email.
He stressed that Israel had not formally refused any of the office’s visa applications, but had simply not acted on new requests or requests for renewal. Nine international staff members (including country director James Heenan) had been forced to leave so far after their visas were not renewed. And “three newly appointed international staff have not been able to deploy because they have not received their visas,” he said. Only three international staff members of the agency still have valid visas to work in the country.
This, Colville lamented, was creating a “highly irregular situation and will negatively impact on our ability to carry out our mandate.”
Israel has not provided an official explanation, but the blockage comes after the UN rights office in February released a list of over 100 companies with activities in Israeli settlements, which are considered illegal under international law. And in June, the country reiterated its decision to “freeze ties” with UN High Commissioner for Human Rights Michelle Bachelet and her office.
Colville stressed that the UN rights agency’s offices in Israel and the Palestinian territories remained open, with 26 national staff members and the remaining three international staff onsite. The remainder of the international staff were working remotely, he said, adding that this was not having a big impact on operations yet, since remote work had become a norm in many places anyway due to the ongoing pandemic. “We continue to hope that this situation will be resolved soon, and we are actively engaged with various relevant and concerned parties to that end,” Colville said.
Shakir, who is currently based in Amman after being expelled from Israel after claims he supported calls for a boycott, said it is part of a wider trend in which other human rights activists are being denied entry due to their criticism of Israel’s human rights record.
However, Shakir said that if Israel’s goal was to silence criticism it had failed, as human rights activists continue to do their work as “strongly” as before.
On 8 October 2020 the International Service for Human Rights (ISHR) extended its excellent alert service to the 3rd Committee of the UN General Assembly which is the principal human rights committee . This year’s session will run for seven weeks from 5 October to 20 November.
This year’s Third Committee is expected to consider approximately 60 resolutions on a range of topics. ISHR will be closely monitoring the work of the Third Committee as well as relevant developments in the plenary of the General Assembly and will report on key developments relevant to human rights defenders and civil society.
Due to Covid-19 restrictions, the Third Committee is operating in a hybrid fashion, with some sessions held in person and others virtually. All interactive dialogues with Special Procedures and UN officials will be held virtually, as will negotiations on resolutions (informals). However, general debates and voting on resolutions will take place in person.
Covid-19 restrictions will have a significant impact on civil society’s ability to engage with States in both formal and informal settings. Given this, it is vitally important that States reach out to and engage with civil society and specifically invite NGOs to participate in informals held to negotiate Third Committee resolutions.
Formal meetings of the Third Committee can be watched live on the UN Web TV. Follow us on Twitter at @ISHRglobal using #UNGA75 for the latest updates.
Resolutions
This year, due to the complexities of managing multiple consultations online, main sponsors of draft resolutions have been encouraged to streamline proposals, biennialise them or implement a ‘technical’ or ‘procedural’ rollover. They’ve also been encouraged to refrain from tabling new draft resolutions not previously negotiatied. We are yet to have a good sense of how widely States will follow this advice or, critically, what impact such limitations will have on gaining human rights advances this year.
Finally, whilst all negotiations of resolutions will happen virtually, voting will be in person with explanations of position taking place in person or submitted in writing by the relevant State and included as part of the official record of the session. With restrictions in place, some missions may have smaller delegations working at the Committee and these, as well as traditionally smaller delegations, may find covering the various sessions challenging. It has yet to be seen how this might impact upon voted resolution outcomes, including on the participation of these delegations during the in-person voting of resolutions.
Thematic
Right to Privacy in the Digital Age (Lead Sponsors: Mexico and Switzerland) – The Third Committee will consider a resolution on the right to privacy. In previous years this biennial resolution expressed concern that the right to privacy of those defending human rights can be undermined. ISHR hopes to see this language maintained in the text, as well as strengthened language on surveillance technologies, encryption and internet shutdowns, as well as the gendered impact of privacy regulations.
Treaty bodies (Lead Sponsor: Iceland) – The Third Committee will once again consider the biennial resolution on the ‘Human rights treaty body system’ at this session. The last resolution on this topic was adopted by consensus in 2018. The text of the resolution is not expected to change much. The resolution is significant because it recalls resolution 68/268 on “Strengthening and enhancing the effective functioning of the human rights treaty body system”, encourages all stakeholders to continue their efforts for the full implementation of resolution 68/268, and reaffirms the formula contained in 68/268, which sets out how the allocation of meeting time and corresponding financial and human resources to the treaty bodies would be identified and requested by the Secretary-General. The negotiation of this resolution will take place in the context of the ‘2020 review’ of 68/268, which was initiated earlier this year and co-facilitated by Switzerland and Morocco.
Extrajudicial, summary or arbitrary executions (Lead Sponsor: Finland) – This year we’ll see the return of the biennial resolution on extra-judicial killings which seeks to ensure the protection of the right to life of all persons. This resolution historically includes a paragraph referring to groups that are vulnerable to extrajudicial killings. This paragraph urges States to protect against and investigate killings committed for reasons related to their activities as human rights defenders, or because of discrimination, including on the basis of sexual orientation and gender identity. ISHR together with other NGOs will be advocating to ensure this language is maintained.
Death Penalty (Lead Sponsor: Brazil) – The Third Committee will once again consider its biennial resolution on the death penalty. This resolution calls for States to establish a moratorium on executions, with a view to abolishing the death penalty. In the previous two negotiations, Singapore has successfully introduced a hostile amendment to the resolution reaffirming the sovereign right of all countries to develop their own legal systems. Other delegations together with civil society groups have objected to this amendment, emphasizing that sovereignty requires compliance with international human rights commitments and the emerging customary norm that considers the death penalty as running foul of the prohibition of torture and cruel, inhuman or degrading punishment.
Intensification of efforts to prevent and eliminate all forms of violence against women and girls (Lead Sponsors: France and Netherlands) – The broad scope of this resolution is expected to pay much needed attention to the impacts of the COVID-19 pandemic on all forms of violence perpetrated against women, girls, adolescents and other marginalised groups. ISHR supports the inclusion of references to human rights defenders in the text and will be advocating alongside other NGOs to ensure this language is maintained and strengthened.
Human rights defenders(various) – While there is no thematic resolution focused on human rights defenders this session, a number of resolutions include or are relevant to human rights defenders. ISHR will be advocacting to ensure language referencing human rights defenders is both maintained and strengthened across these resolutions. These resolutions include the resolution on the situation of human rights in the Islamic Republic of Iran, Intensification of efforts to prevent and eliminate all forms of violence against women and girls, Right to Privacy in the Digital Age, Women and girls and the response to COVID-19 and Rights of Indigenous Peoples.
Country situations
For the 18th year, Canada will present a resolution on the Situation of human rights in the Islamic Republic of Iran spotlighting the continued dismal human rights situation and lack of progress over the last year. The European Union will again lead on a resolution on the Democratic People’s Republic of Korea, similarly underlining the lack of human rights progress. Ukraine will again present a resolution condemning Russia’s activities in Crimea (Situation of human rights in the Autonomous Republic of Crimea and the city of Sevastopol, Ukraine). A resolution on the Situation of human rights of Rohingya Muslims and other minorities in Myanmar is again expected to be led by the Organisation of Islamic Cooperation (OIC). A resolution on the Situation of human rights in the Syrian Arab Republic will be led by the USA and Saudi Arabia.
Some resolutions are expected to become battlegrounds regarding references to gender and sexual and reproductive health and rights, as has been the case in previous sessions of the Third Committee. While negotiations on some resolutions, including resolutions on Intensifying global efforts for the elimination of female genital mutilation and Intensification of efforts to end obstetric fistula may not be re-opened. Others that will be negotiated at this session include the resolution on Child, early and forced marriage, Intensification of efforts to prevent and eliminate all forms of violence against women and girls and Women and girls and the response to COVID-19.
The Third Committee will consider the Human Rights Council Report which lays out resolutions and decisions taken by the Council through the year, including those just adopted and decided upon in Geneva this week. No challenge to any part of the report is expected.
Human Rights Council elections will take place on 13 October. ISHR is once again disappointed that this year all regions, save for the Asia Pacific region, have presented closed slates. In addition to this, the fourth candidate for the African region—Gabon—was only announced on 6 October, just one week before the election. ISHR has published ‘scorecards’ for each of the States seeking membership. These provide a quick ‘at-a-glance’ objective comparison of the candidates, focusing on their cooperation with the Council, their support for civil society, their engagement with UN treaty bodies and Special Procedures, among others. Together with 18 other NGOs, ISHR has also issued a public call for Member States to refrain from voting for any candidates who do not meet the membership criteria of upholding high standards in the promotion and protection of human rights and cooperating with the UN human rights mechanisms. See latest: https://www.aljazeera.com/news/2020/10/13/human-rights-council-election [“Saudi Arabia failed in its attempt to become a member of the United Nations Human Rights Council (UNHRC) for the next three-year term starting on January 1, while China, Russia and Cuba were elected on Tuesday in a vote that caused an outcry among human rights defenders.“]
The Fifth Committee will consider the UN’s annual budget during its main session (October- December. In the meantime, the Advisory Committee on Administrative and Budgetary Question (ACABQ) has published its report on the proposed programme budget for 2021. One concerning element is that the ACABQ has recommended that the Fifth Committee deny the majority of the Secretary-General’s resource request for additional funding for the treaty bodies on the basis that it (1) doubts that OHCHR actually requires more staff in order to prevent backlogs of reports and communications to the treaty bodies from accumulating (when backlogs of communications have been a major problem for the treaty bodies since 2017, and as the treaty bodies’ inability to meet during the pandemic has now resulted in major backlogs in both areas); and 2) that the Third Committee will be taking action on the matter of treaty body strengthening during its main session that may affect their resource needs (which ISHR understands to be incorrect). Delegations that support the work of the treaty bodies should advocate in the Fifth Committee for the full allocation requested by the Secretary-General.
Overview of Reports and Dialogues with UN Experts
The UN Special Procedures – Special Rapporteurs, independent experts, and working groups – will report to the Third Committee and hold virtual interactive ‘dialogues’ with member States. Several of this year’s reports reflect concerns about increased attacks on human rights defenders and emphasise the critical importance of creating and maintaining space for civil society. Click here for a list and schedule of dialogues.
Report of the Special Rapporteur on the situation of human rights defenders (A/75/165): In her first report to the Third Committee, Mary Lawlor highlights that the global reaction to the pandemic has largely increased the threats to civic space and human rights defenders and often been characterized by ‘declarations of states of emergency that are not compliant with human rights obligations and by abuse of constitutional powers.’ Lawlor also sets out her priorities as mandate-holder which include focusing on those defenders most exposed to killings and other violent attacks, the most marginalized and vulnerable defenders such as women defenders, LGBTI defenders, and defenders working on the rights of migrants. Lawlor will also focus on reprisals against defenders cooperating with UN human rights mechanisms, the issue of impunity, the impact of businesses and financial institutions on defenders’ work and strengthening existing mechanisms of protection. A presentation of the report and an interactive dialogue will be held on 19 October 2020.
Report of the Special Rapporteur on the right to development (A/75/167): In this report, the Special Rapporteur on the right to development, Saad Alfarargi, explores the international dimensions of financing for development policies and practices from the perspective of the right to development and notes that civil society organisations face severe barriers in participation and access to international negotiations and discussions for financing development.
Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association (A/75/184): Clement N. Voule’s report focuses on ‘Celebrating women in activism and civil society: the enjoyment of the rights to freedom of peaceful assembly and of association by women and girls’. The report notes that women are at the forefront of today’s most pressing global struggles and examines the gendered and intersectional barriers, reprisals and backlash faced by women to their full and equal enjoyment of the rights to freedom of peaceful assembly and of association. Voule provides recommendations to promote an enabling environment for the rights of women to assemble and associate. A presentation of the report and an interactive dialogue will be held on 19 October 2020.
Report of the Special Rapporteur on the rights of indigenous peoples (A/75/185): The first report to the General Assembly of the new mandate holder, José Francisco Calí Tzay, summarizes the activities of the mandate since the last report of the previous mandate holder (A/74/149) and analyses the specific impacts on indigenous people of the COVID-19 pandemic, including harassment, attacks and killings of indigenous rights defenders. A presentation of the report and interactive dialogue will take place on 12 October 2020.
Report of the Special Rapporteur on violence against women, its causes and consequences (A/75/144): In her report on the intersection between the COVID-19 pandemic and the pandemic of domestic violence, Dubravka Šimonović notes the increase in domestic violence against women due to lockdowns imposed by governments to control the virus. Šimonović finds that state responses have largely been gender-blind, including funding cuts to civil society organisations and women’s organisations providing essential services such as crisis centres, helplines, shelters and safe accommodation. A presentation of the report and an interactive dialogue will be held on 9 October 2020.
Report of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity (A/75/258): Victor Madrigal-Borloz discusses the impact of the coronavirus disease (COVID-19) pandemic on the human rights of lesbian, gay, bisexual and trans (LGBT) and gender-diverse persons including social exclusion and violence and the interaction with institutional drivers of stigma and discrimination. A presentation of the report and an interactive dialogue will be held on 29 October 2020.
Report of the Special Rapporteur on the promotion and the protection of the right to freedom of opinion and expression (A/75/261): focused on the freedom of opinion and expression aspects of academic freedom, highlighting the special role played by academics and academic institutions in democratic society. The Special Rapporteur finds that threats to and restrictions on academic freedom limit the sharing of information and knowledge, an integral component of the right to freedom of expression. He reveals that academics and their institutions face social harassment and State repression for their research. The Special Rapporteur concludes with a set of recommendations to States, academic institutions, international organizations and civil society.
Report of the Special Rapporteur on the right to privacy (A/75/147): proposes a preliminary evaluation of the privacy dimensions of the COVID-19 pandemic with a focus on two particular aspects: data protection and surveillance. Concerns arise when surveillance apparatus traditionally employed for State security purposes is proposed or hurriedly deployed for a public health purpose. Necessity, proportionality and safeguards in law consistent with international law must exist when such surveillance measures are applied.
The resolution recently adopted by the United Nations Human Rights Council (UNHRC) failed to take concrete action against the summary killings in the country, detained Senator Leila de Lima said Saturday 10 October 2020. On Wednesday, the UNHRC adopted a resolution asking UN human rights chief Michelle Bachelet to support the Philippines in fulfilling its international human rights obligations—not really an independent probe.
De Lima lamented that the resolution that could have strengthened human rights and accountability mechanisms in the country was instead “tantamount to absolving a murderous regime of its crimes against humanity.”…..
“Do we really expect this regime to stop the carnage and submit to technical cooperation and capacity building programs to promote the rights that it has been blatantly violating? No, we cannot tame a rabid mass murderer that is Duterte,” she said.
“We need to be more vigilant and well-informed in order not to be swayed by the deceptions and lies of government operators who curry favor with Duterte for selfish political interests. We vigorously assert our call for an independent international probe into the human rights crisis that continues to wreak havoc in our country,” she said.
Book Launch: A Practical Anatomy of the Human Rights Council authored by one of the persons who knows best this institution: Eric Tistounet, Chief of the #HRC Branch at #OHCHR. This book is the outcome of a six-month #researchfellowship at the Geneva Academy. Tuesday, October 20, 2020 at 12:30 PM UTC+02 Online and at Villa Moynier (120B Rue de Lausanne, Geneva)
Cairo accused of ‘gravely endangering’ activists and infringing on their fundamental rights by imprisoning them during pandemic
Egypt has jailed more than 60,000 dissidents (AFP/File photo) By MEE staff
The Middle East Eye of 8 October 2020 reported that the UN Human Rights Council said in a statement on Friday that Cairo was treating free speech as terrorism.
“Terrorism charges and exceptional courts are being used to target legitimate human rights activities, and have a profound chilling effect on civil society as a whole,” according to 10 international specialists, including the UN rapporteurs on counter-terrorism and extrajudicial killings.
“The use of terrorism courts to target and harass civil society is inconsistent with the rule of law.“
The statement came days after Egypt executed 15 political prisoners who had been in detention since 2014.
The UN experts slammed the terrorism courts, saying that they undermine defendants’ basic legal rights, including the presumption of innocence. The special courts were created in 2013 after a Sisi-led coup overthrew the elected government of then-president Mohamed Morsi.
“Defendants do not enjoy the right to confer safely and confidentially with their lawyer,” said the experts.
“In addition, when the accused are put on trial from behind glass or inside metal cages, sometimes cut off from proceedings at the discretion of the presiding judge, they cannot effectively use their right to be present at their own trial.”
Egypt has embarked on a brutal crackdown on dissent since 2013, jailing more than 60,000 activists and imposing strict censorship measures on public discourse.
Sisi has consistently denied that there are political prisoners in Egypt, framing the crackdown as part of the fight against terrorism. After coming to power, he outlawed Morsi’s Muslim Brotherhood and blacklisted it as a terror group.
“It is an act of reprisal, seemingly punishing [him] for his cooperation with the United Nations,” the statement said.
“The exercise of free speech and human rights work are being treated as terrorism, and it appears that the Terrorism Circuit Court is being used to retaliate against human rights activity protected by international law.”
“Carola Rackete, the former captain of the rescue vessel Sea-Watch 3, and the ‘Iuventa 10’ crew members are human rights defenders and not criminals,” said Mary Lawlor, the UN Special Rapporteur on the situation of human rights defenders on 8 October 2020.
“I regret that the criminal proceedings against them are still open and they continue to face stigmatization in connection with their human rights work protecting the human rights of migrants and asylum seekers at risk in the Mediterranean Sea.“
In September 2016, a criminal investigation was opened against some crew members of the Iuventa rescue ship. Charges against them included aiding and abetting in the commission of a crime of illegal immigration, an offence that carries a jail term of between five and 20 years, and a fine of 15,000 euros. On 18 June 2019, a motion for the dismissal of the preliminary criminal investigation against the ‘Iuventa 10’ crew members was filed, but a formal decision is still pending. See also: https://humanrightsdefenders.blog/2020/07/31/absurd-prosecution-of-the-crew-of-the-ship-iuventa-continues-in-italy/
Ms. Rackete was arrested by Italian authorities on 29 June 2019 for docking her rescue ship, with 53 migrants on board, without permission. At the beginning of this year, acting upon appeal, the Italian Supreme Court ruled that she should not have been arrested. Despite this, Ms. Rackete continues to face charges, including aiding and abetting in the commission of a crime of illegal immigration. She risks up to 20 years of imprisonment , and various fines of up to 50,000 euros.
Since 2014, at least 16,000 migrants have lost their lives in the Mediterranean, according to the IOM’s ‘Missing Migrants’ project. “The Italian Government must publicly recognise the important role of human rights defenders in protecting the right to life of migrants and asylum seekers at risk in the Mediterranean and must end the criminalization of those who defend their human rights,” Lawlor said.
The expert’s call has been endorsed by: Independent Expert on human rights and international solidarity, Mr. Obiora Okafor, Felipe González Morales, Special Rapporteur on the human rights of migrants; Dubravka Šimonovic, Special Rapporteur on violence against women, its causes and consequences; Elizabeth Broderick, Chair-Rapporteur of the Working Group on discrimination against women and girls.
The same day Human Rights Watch came out with an initial assessment by civil society of the legislative and non-legislative proposals contained in European Commission’s Pact on Migration and Asylum.: The commitment to a more human approach to protection and the emphasis on the fact that migration is needed and positive for Europe with which the European Commission launched the Pact on Migration and Asylum is welcome. However, this rhetoric is reflected only sparsely in the related proposals. Instead of breaking with the fallacies of the EU’s previous approach and offering a fresh start, the Pact risks exacerbating the focus on externalisation, deterrence, containment and return.
According to the UN human rights office (OHCHR), conditions in Iranian prisons, suffering from chronic overcrowding and poor sanitary conditions, have worsened during the pandemic. Shortage of water and inadequate protective equipment, testing, isolation and treatment have led to a spread of coronavirus among detainees, reportedly resulting in a number of deaths.
Michelle Bachelet, UN High Commissioner for Human Rights, underlined the responsibility of States to ensure health and well-being of all individuals under their care, including those in prisons.
“Under international human rights law, States are responsible for the well-being, as well as the physical and mental health, of everyone in their care, including everyone deprived of their liberty,” she said in a news release, on Tuesday 6 October 2020.
“People detained solely for their political views or other forms of activism in support of human rights should not be imprisoned at all, and such prisoners, should certainly not be treated more harshly or placed at greater risk,” she added.
In February, the Iranian judiciary issued directives on temporary releases to reduce the prison population and avoid further spread of the virus, benefiting some 120,000 inmates, according to official figures, said OHCHR, adding that the measures appear to have been suspended, and prisoners have been required to return in large numbers.
In addition, people sentenced to more than five years in prison for “national security” offences were excluded from the schemes.
As a result, most of those who may have been arbitrarily detained – including human rights defenders, lawyers, dual and foreign nationals, conservationists, and others deprived of their liberty for expressing their views or exercising other rights – have been placed at a heightened risk of contracting the virus, added the Office.
“I am disturbed to see how measures designed to mitigate the spread of COVID-19 have been used in a discriminatory way against this specific group of prisoners,” said High Commissioner Bachelet.
One of the most emblematic cases is that of prominent lawyer and women’s rights defender, Nasrin Sotoudeh, who was given a combined prison sentence of over 30 years on charges related to her human rights work. Her life is believed to be at considerable risk as she suffers from a heart condition, and has been weakened by a long hunger strike.
“Once again, I urge the authorities to immediately release her, and grant her the possibility of recuperating at home before undergoing the medical treatment of her choice,” said Ms. Bachelet
The High Commissioner also voiced concerns over persistent and systematic targeting of individuals who express any dissenting view, and the criminalization of the exercise of fundamental rights.
“It is disheartening to see the use of the criminal justice system as a tool to silence civil society,” said Ms. Bachelet.
Hans Thoolen on Human Rights Defenders and their awards 