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Procedural wrangling by dicatorships does not stop Human Rights Council adopting resolution in Belarus

September 19, 2020

Belarus opposition leader Svetlana Tikhanovskaya speaks via video message to an urgent debate of the UN Human Rights Council / © AFP

AFP reports from Geneva on 19 September how Belarus and several allies tried Friday to block a video message from opposition leader Svetlana Tikhanovskaya at the UN Human Rights Council, where she urged “the strongest” international response to Minsk’s abuses. Her short video message, in a rare urgent debate at the council, had barely begun before Belarus Ambassador Yuri Ambrazevich demanded it be switched off. He repeatedly interrupted the screening, raising procedural objections and insisting her words had “no relevance on the substance… on the events that are taking place today.”

He was overruled by council president Elisabeth Tichy-Fisslberger. The debate on the rights situation in Belarus, requested by the European Union, focused on violations and the crackdown on the unprecedented demonstrations which broke out after disputed August 9 elections. [see also: https://humanrightsdefenders.blog/2020/08/27/16-ngos-call-on-un-to-convene-special-session-on-crackdown-in-belarus/]

Lukashenko, who has ruled the ex-Soviet state for 26 years and on Thursday warned of a possible “war” with some neighbouring countries, has turned to Russia for support.

Tikhanovskaya’s message was repeatedly interrupted by objections from Belarus Ambassador Yuri Ambrazevich / © AFP

“We have witnessed a brutal crackdown on peaceful protests,” said German ambassador Michael Freiherr von Ungern-Sternberg on behalf of the EU. He raised concerns at “reports of attacks on — and torture and cruel, inhumane or degrading treatment of — peaceful protesters as well as harassment, intimidation and detentions of opposition leaders.”

Minsk’s envoy Ambrazevich meanwhile slammed the “lopsided picture of reality presented by the losers in the election,” rejecting allegations of abuse by authorities. He insisted that protesters had been violent and had injured numerous police officers. Ambrazevich and his counterparts from Russia, Venezuela and China also voiced multiple objections to statements by the UN deputy rights chief Nada Al-Nashif and Anais Marin, the UN special rapporteur on the rights situation in Belarus, saying they had no place in the debate.

Marin told the council that more than 10,000 people had been “abusively arrested for taking part in peaceful protests”, and lamented that “over 500 cases of torture, committed by state agents, have been reported to us.” “I have been informed of allegations of rape, electrocution, and other forms of physical and psychological torture,” she told the council via video link, adding that the perpetrators appeared to be acting with “impunity“.

Friday’s debate ended with a vote approving a resolution submitted by the EU insisting that the vast array of serious abuses urgently require “independent investigation.”

The voting process was slowed down by Russia, which proposed 17 amendments to the text, all of which were rejected, and in the end the resolution was adopted unchanged by the 47-member council, with 23 in favour, 22 abstentions and only Venezuela and Eritrea voting against. The text calls on Belarusian authorities to “enable independent, transparent and impartial investigations into all allegations of human rights violations in the context of the election.” It also calls on Minsk to “guarantee access to justice and redress for victims as well as full accountability of the perpetrators.” And it calls on the office of UN rights chief Michelle Bachelet to closely monitor the situation in the country and to present her conclusions in a report during the next council session in March 2021.

The discussions mark only the sixth time in the council’s 14-year history that it has agreed to hold an “urgent debate” — a special debate within a regular session of the council.

https://today.rtl.lu/news/world/a/1582022.html

Posted in EU, Human Rights Council, OHCHR, UN | 1 Comment »
Tags: AFP, Anaïs Marin, Belarus, EU, Nada Al-Nashif, Resolution, special session, Svetlana Tikhanovskaya, UN Human Rights Council, UN procedures

8 UN experts join in letter to Algeria about Khaled Drareni

September 18, 2020

A journalist jailed for his coverage of mass protests in Algeria must be released, United Nations independent experts said on Wednesday. Khaled Drareni was jailed for two years on Tuesday as a crackdown on dissent intensifies after a year of anti-government demonstrations. He was jailed for his coverage of the protest movement that toppled the North African country’s longtime president Abdelaziz Bouteflika last year. Drareni was initially handed three years but his sentence was reduced by a year on appeal. However, his lawyers were shocked that he was not handed a more lenient judgment or an acquittal.

“We condemn in the strongest possible terms this two-year prison sentence imposed on a journalist who was simply doing his job, and call on the Algerian authorities to reverse it and set Mr Drareni free,” the experts said. The experts do not speak for the UN but report their findings to it. Although his sentence was reduced, “it is still grossly inappropriate because the charges brought against him are a blatant violation of freedom of expression, peaceful assembly and of association”, they said.

The eight signatories included the special rapporteurs on peaceful assembly, freedom of opinion and human rights defenders, along with members of the UN working group on arbitrary detention. They said they were alarmed that the Algerian authorities were increasingly using national security laws to prosecute people who were exercising their rights. “Drareni, and all the others currently in prison, or awaiting trial simply for doing their job and defending human rights must be immediately released and protected,” they said.

http://north-africa.com/2020/09/algeria-united-nations-independent-experts-pressuring-algeria-to-release-wrongly-jailed-journalist/

Posted in human rights, Human Rights Council, Human Rights Defenders | Leave a Comment »
Tags: Algeria, detention, freedom of the press, joint statement, Journalist, Khaled Drareni, prison sentence, UN Special Rapporteurs

Five UN rapporteurs raise concern on harassment of journalist Dharisha Bastians

September 15, 2020

In a joint letter to the Government dated 13^th July 2020 the Special Rapporteurs said Bastians’ was being targeted for her writing and her work to defend human rights in Sri Lanka. The letter said the rapporteurs were concerned that the continued harassment of Bastians and the seizure of her computer and exposure of her phone records could endanger and compromise her sources and deter other journalists from reporting on issues of public interest and human rights. “We are particularly concerned that these measures may be aimed at discrediting her work, in an effort to stop her reporting on Sri Lankan political and human rights affairs,” the special rapporteurs letter to the Government noted.

In June 2020 the Criminal Investigation Department (CID) entered the home of Ms. Bastians in Colombo and seized her personal computer in connection with an ongoing investigation carried out over the alleged abduction of a Swiss embassy staffer in Colombo in November 2019. Bastians said the CID had arrived at her residence on two previous occasions to seize her laptop without a court order. The joint letter also noted that “pro-government media have reportedly conducted a smear campaign against Ms. Bastians and her family, supported by attacks on social media, labelling her as a traitor and a criminal.”

CLICK HERE FOR FULL LETTER

Five UN rapporteurs raise concerns on harassment of Dharisha Bastians

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Tags: Dharisha Bastians, harassment, joint statement, Journalist, Mary Lawlor, seizing, Sri Lanka, threats, UN Special Rapporteurs

Fourth World Conference on Women in Beijing – 25 Years Later

September 15, 2020

On 14 September 2020 Bridget Burns in MsMagazine revisits “Bella Abzug’s Vision Post-Beijing, 25 Years Later“

Since Beijing in 1995, feminists have not stopped advocating for gender justice, and in facing current realities, have turned toward each other to build power, speak truth, and renew commitments to the promise of Beijing—to the promise of a just and healthy world. (Wikimedia Commons)

On September 12, 1995, former Congresswoman and WEDO co-chair Bella Abzug took to the podium at the Fourth World Conference on Women in Beijing, China to ask: “What will we accomplish at the week’s end when the [Beijing] Platform for Action is adopted by the world’s women and its 189 governments?”

Twenty-five years later, feminists and women’s rights organizations find themselves grappling with the legacy of Beijing—recognizing both areas of critical progress made in advancing gender equality, and the harsh reality of our present world—mired by pandemic and interlocking crises of biodiversity loss, environmental degradation and social inequality. The promise of Beijing, so far, goes unfulfilled.

The Women’s Environment and Development Organization (WEDO), is one of a broad group of CSOs and feminist organizations engaging in an initiative to renew and advance the commitments made in Beijing called The Generation Equality Forum (GEF).

The Forum was launched as “a civil society-centred, global gathering for gender equality, aimed to launch a set of concrete, ambitious and transformative actions to achieve immediate and irreversible progress towards gender equality.” Six Action Coalitions have been set up, and WEDO is co-leading the Action Coalition for Feminist action on climate justice, with the knowledge that achieving climate justice is integral to any progress towards gender equality.

Following Bella’s lead, we ask ourselves, “What will we accomplish at the end of the Generation Equality Forum next year?”

Our vision: a renewed feminist agenda for a just and healthy planet.

The climate crisis is profoundly reshaping the world and the survival of communities, ecosystems and the biosphere. The struggle for livelihoods in this context is compounded for marginalized women and people, as the impacts of climate change intersect with structural inequalities like gender-based violence and discrimination.

This is particularly acute for those living in small island states, least developed countries, the global South, as well as for Indigenous peoples, urban poor, rural and remote communities, Black people, people with disabilities, migrant communities, LGBTQI+ folks, ethnic minorities, girls and youth, the elderly and many others.

For decades if not centuries, women’s rights and feminist activists and researchers have worked to showcase, to envision and to reframe understanding and metrics in our global world order. These alternatives serve to lift up the vital knowledge of frontline communities from around the world and they follow feminist analyses of money and power, currently working to deeply embed us in an extractive economy, to move us towards regenerative economies that center health, well-being and care.

Bella Abzug on a panel at the United Nations. (WEDO / UN Women)

In working to define and create actions around these alternatives for advancing feminist action for climate justice, WEDO sees three key areas to make progress in fulfilling the goals of gender justice and planetary health set out 25 years ago:

1. Divest from harm, invest in care. For more details see the full article via rthe link below

2. Catalyze a gender-just transition

3. Protect and foster feminist leadership

In addition, women environmental and human rights defenders face ongoing, multifaceted and often state-sanctioned threats to their and their families’ lives and livelihoods, which are exacerbated by the dynamics of gender-based violence, with a twofold increase in the number of environmental defenders murdered over the last 15 years.

We must resource, invest and support women-led solutions, while safeguarding the environmental defenders who have put these solutions forth for generations.

Feminists and women’s rights organizations have not stopped advocating for gender justice since Beijing, and in facing current realities, have turned toward each other to build power, speak truth and renew commitments to the promise of Beijing—to the promise of a just and healthy world.

Revisiting Bella Abzug’s Vision Post-Beijing, 25 Years Later

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Tags: Beijing, Bella Abzug, Bridget Burns, Generation Equality Forum (GEF), human rights of women, MsMagazine, world conference

Exceptionally large coalition of NGOs urge more scrutiny of China

September 9, 2020

In an open letter published Wednesday 9 September 2020 the groups say they are seeking greater scrutiny of and response to violations in places like Hong Kong, Tibet and Xinjiang, as well as beyond — such as through censorship, development that hurts the environment and the targeting of rights defenders.

The call for the creation of an “independent international mechanism” to focus on China’s rights violations adds to recent international pressure on Beijing over its handling of issues like protests in Hong Kong and detention centers — what the government calls vocational or training centers — for Uighur Muslims and others in western Xinjiang region.

“China has systematically persecuted rights defenders in reprisal for their cooperation with U.N. human rights operations — torture, enforced disappearance, imprisonment, and stripping licenses from lawyers,” said Renee Xia, director of Chinese Human Rights Defenders, in a statement. “The U.N. system should no longer tolerate such treatment.”

The move follows a call by independent experts who work with the United Nations for a special session of the Human Rights Council focusing on the array of issues around China’s rights record. Advocates insist that no country — no matter how large or powerful — should escape extra scrutiny of their rights records when warranted. [see also https://humanrightsdefenders.blog/2020/06/27/un-experts-address-3-big-ones-usa-china-and-india/]

The groups also want U.N. Secretary-General Antonio Guterres and the U.N. High Commissioner for Human Rights, Michelle Bachelet, to “take responsibility for publicly addressing China’s sweeping rights violations,” Human Rights Watch said in a statement.

At a news conference Wednesday in Beijing, Chinese Foreign Ministry spokesman Zhao Lijian sought to brush off the groups’ appeal, saying: “I think the statements made by these organizations are groundless and not worth refuting.”

The appeal comes before the start of the 47-member-state Human Rights Council’s fall session on Monday. In its summer session, the council held an urgent debate on a rise of police violence against Black people and repression of protests in the United States.

https://www.startribune.com/over-300-groups-urge-more-scrutiny-of-china-on-human-rights/572357402/?refresh=true

https://www.amnesty.org/en/latest/news/2020/09/global-coalition-urges-un-to-address-china-human-rights-abuses/

Posted in Human Rights Council, Human Rights Defenders, OHCHR, UN | 1 Comment »
Tags: 45th session of the UN Human Rights Council, António Guterres, China, gross violations, international monitoring, joint statement, NGOs, open letter, UN

Agnes Callamard calls overturned verdict in Khashoggi case “parody of justice”

September 9, 2020

An independent UN human rights investigator called the overturned verdict of Saudi Arabia’s prosecutor in the 2018 murder of journalist Jamal Khashoggi a “parody of justice” that spared “high-level” plotters. At a regular press briefing on Tuesday, Rupert Colville, spokesperson for the UN High Commissioner for Human Rights, (OHCHR), quoted Agnes Callamard, the UN Special Rapporteur on Extrajudicial Executions, in saying, “they came at the end of a process which was neither fair nor just, or transparent“. [for earlier posts on Khashoggi, see: https://humanrightsdefenders.blog/tag/jamal-khashoggi/]

In October 2018, the 59-year-old columnist for The Washington Post was killed and dismembered at the kingdom’s consulate in Istanbul. Saudi prosecutors in Riyadh had convicted eight people for the brutal murder. However, on Monday, a Saudi court overturned five death sentences in a final ruling that jailed eight defendants for between seven and 20 years, according to Saudi State media.

The press briefing came on the heels of a series of tweets from the independent UN expert who reacted disparagingly to Monday’s verdict. “The five hitmen are sentenced to 20 years imprisonment, but the high-level officials who organized and embraced the execution of Jamal Khashoggi have walked free from the start – barely touched by the investigation and trial,” Ms. Callamard tweeted.

“As for the individual responsibility of the person on top of the State”, the independent UN expert upheld, “the Crown Prince Mohammed bin Salman, he has remained well protected against any kind of meaningful scrutiny in his country“. She stated that “the Saudi Prosecutor performed one more act today in this parody of justice”, adding “but these verdicts carry no legal or moral legitimacy”.

Posted in Human Rights Council, Human Rights Defenders, OHCHR | 1 Comment »
Tags: Agnes Callamard, Crown Prince Mohammed bin Salman, impunity, Jamal Khashoggi, murder, Rupert Colville, Saudi Arabia, UN Special Rapporteur

HRC45: key issues for human rights defenders

September 6, 2020

Based on the as usual excellent preview by the ISHR: “HRC45 | Key issues on the agenda of September 2020 session”, I am able to provide an overview of issues that are specially relevant for human rights defenders:

Summary: The Human Rights Council’s 45th session will take place from 14 September to 6 October 2020. The Council will consider issues including reprisals, rights of indigenous peoples and people of African descent, arbitrary detention, and enforced disappearances, among others. It will present an opportunity to address grave human rights situations in States including Yemen, China, the United States of America, Saudi Arabia, Libya, the Philippines, Venezuela, Burundi and Myanmar, among many others. Here’s an overview of some of the key issues on the agenda.

If you want to stay up-to-date: Follow @ISHRglobal and #HRC45 on Twitter, and look out for our Human Rights Council Monitor.

Modalities for civil society participation in HRC45

NGOs in consultative status with ECOSOC, with active designations in Geneva, will be given the opportunity to deliver video-statement insofar as interactive dialogues are concerned, pending further decision from the Council at the opening of HRC45 on 14 September, and additionally for panels and the adoptions of UPR outcomes as set out in HRC decision 19/119. It won’t be possible to hold “official” side events during the 45th session (online or in-person). Any events happening on the sidelines of the session will be considered independent events and won’t be publicised in the Bulletin of Informal meetings by the Secretariat. Read here the information note by the Secretariat which is updated according to the latest information, and an additional explainer by HRC-net.

Thematic areas of interest

Reprisals

On 25 September, the new Assistant Secretary General for Human Rights, Ilze Brands Kehris, will present the Secretary General’s annual report on Cooperation with the United Nations, its representatives and mechanisms in the field of human rights (also known as ‘the Reprisals Report’) to the Council in her capacity as UN senior official on reprisals. The presentation of the report will be followed by a dedicated interactive dialogue, as mandated by the September 2017 resolution on reprisals.

ISHR remains deeply concerned about reprisals against civil society actors who engage or seek to engage with UN bodies mechanisms. We call for all States and the Council to do more to address the situation. [see also: https://humanrightsdefenders.blog/2020/08/31/ishrs-2020-report-on-reprisals-to-the-un-secretary-general/]

The dedicated dialogue provides a key opportunity for States to raise concerns about specific cases of reprisals, and demand that Governments provide an update on any investigation or action taken toward accountability. An increasing number of States have raised concerns in recent sessions about individual cases of reprisals, including in Egypt, Nicaragua, Cuba, Saudi Arabia, Malaysia, Bahrain, Yemen, Burundi, China and Venezuela.

During the 42nd session, the Council adopted a resolution which listed key trends, such as the patterns of reprisals, increasing self-censorship, and 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.

Other thematic issues

At this 45th session, the Council will discuss a range of civil, political, economic, social and cultural rights and issues through dedicated debates with Special Procedure mandate holders, including interactive dialogues with the:

Working Group on Enforced or Involuntary Disappearances
Special Rapporteur on truth, justice, reparation and guarantees of non-recurrence
Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes
Special Rapporteur on contemporary forms of slavery, including its causes and consequences
Working Group on Arbitrary Detention

In addition, the Council will hold dedicated debates on the rights of specific groups including with the:

Special Rapporteur on the rights of indigenous peoples and the Expert Mechanism on the Rights of Indigenous Peoples
Working Group of Experts on People of African Descent
Independent Expert on the enjoyment of all human rights by older persons

Country-specific developments

China (Hong Kong and Uyghur regions)

In light of worsening restrictions in Hong Kong and ongoing repression against Uyghur, Tibetan and other ethnic groups and those defending them, ISHR welcomes the joint statement from July and urges countries to step up action at HRC45 to improve the UN’s monitoring and reporting on China. This echoes the unprecedented press release by over 50 Special Procedures experts calling for urgent and ‘decisive measures’. ISHR expects opportunities for States to increase scrutiny, and for civil society who seek to keep the UN informed, to include:

interventions in dialogue with the UN WGAD and UN WGEID
responses to the Secretary General’s reprisals report, where China is regularly a ‘top violator’
reactions to the findings of the UN Independent Expert on Older Persons, following her December 2019 country visit

USA

The High Commissioner will present her first oral update to the Council on the preparation of the report on systemic racism and police brutality, especially those incidents that resulted in the death of George Floyd and of other Africans and people of African descent, as well as government responses to anti-racism peaceful protests. The High Commissioner will also provide an update on police brutality against Africans and people of African Descent.

ISHR joined 144 families of victims of police violence and over 360 civil society organisations to endorse this letter sent on 3 August to the UN High Commissioner, detailing expectations from the report and the process for its preparation, including an “inclusive outreach to communities of colour and the creation of meaningful, safe, and accessible opportunities for consultation”. On 19 August 2020, the High Commissioner responded to the letter. Read the response here.

ISHR urges all States to support the five recommendations presented by families of victims of police violence and civil society to the High Commissioner, in their national and joint statements at the Council under General Debate Item 9.

Background information: The report was mandated by the resolution adopted following the urgent debate at the Council in June 2020 on current racially inspired human rights violations, systemic racism, police brutality and violence against peaceful protests in the US and elsewhere. Though the urgent debate prompted by the African group initially called for the establishment of an international commission of inquiry on the US and other countries, due to acute diplomatic pressure from the US and its allies, the Council finally decided to instead mandate the High Commissioner with preparing the report, and to include updates on police brutality against Africans and people of African descent in all her oral updates to the Council.

In June 2020, ISHR joined the calls made by the families of George Floyd, Breonna Taylor, Philando Castile and Michael Brown and over six hundred human rights organisations from over 60 countries in requesting the Council to mandate a commission of inquiry for the situation of racism and police brutality in the United States. The UN Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance and the UN Working Group on Experts on People of African Descent had also voiced their support for the international commission of inquiry. They have urged the Council to ensure the following outcomes from the debate:

the creation of an international commission of inquiry to investigate systemic racism in law enforcement in the United States; and
the creation of a thematic international commission of inquiry to investigate systemic racism in law enforcement globally, with a focus on systemic racism rooted in legacies of colonialism and transatlantic slavery.

They stressed that “both measures described above are necessary and cannot be substituted for one another”. The experts “expressed serious concern that extreme pressure by certain powerful and influential countries—including countries that publicly voiced support for the need to take action in the face of systemic racism—has operated to dilute the strength of the planned consensus resolution of the Urgent Debate.”

Saudi Arabia

Women human rights defenders have been in prison for over two years, only because they demanded that women be treated equally as men. No one has been held accountable for their torture. While the Council has sustained pressure on Saudi Arabia in 2019, it is essential that this scrutiny continues as the situation on the ground has not improved. ISHR calls on all States to jointly call on Saudi Arabia to immediately and unconditionally release the WHRDs and drop the charges against them; and implement the bench-marks set out in the two joint statements delivered by Iceland and Australia in 2019, underlining that should these benchmarks not be met, more formal Council action would follow.

Saudi Arabia is running for Human Rights Council elections in October 2020 and hosting the G20 in November 2020. These all provide windows of opportunity to push for the immediate and unconditional release of the women human rights defenders and all those detained for exercising their rights. [see also: https://humanrightsdefenders.blog/2020/09/02/vloggers-selling-their-souls-to-boost-image-of-arab-regimes/]

Venezuela

The time has come for the fact-finding mission on Venezuela, created by the Human Rights Council last September, to report to the Council. ISHR has joined 85 national, regional and international organisations calling for the renewal and strengthening of the mandate, to keep the pressure on Venezuela. National NGOs have highlighted the ongoing human rights violations in the country as evidence that the new mandate should include an exploration of the root causes of these violations; a preservation of evidence to allow for processes to hold individual perpetrators to account, and a focus on gender-based violence. Oral statements from OHCHR will also be presented this session as will – potentially – a second resolution focusing on technical cooperation. The fact-finding mission’s report is due to be published on 15 September, with the interactive dialogue with States due the following week.

Philippines

The Anti-Terrorism Law passed earlier this month complements the Duterte Administration’s arsenal of tools, giving it the ability to label, detain and eliminate government critics using a vague definition of ‘terrorism’. In the prevailing climate of impunity and attacks against human rights defenders, this law granting the government excessive and unchecked powers will further jeopardise the safety of defenders.

This law passed in the context of ongoing violations against defenders in the country, with recent instances of judicial harassment of defenders and targeting defenders with smear campaigns. It is the most recent example of the government’s worsening human rights record. The recent report of the UN High Commissioner highlights widespread and systematic killings and arbitrary detention in the context of the war on drugs, silencing of independent media and critics, and stark and persistent impunity.

ISHR joined the calls by civil society and UN Special Procedures for an independent investigation mechanism into the human rights situation in the Philippines.

Burundi

ISHR joined more than 40 partners in a civil society call made public ahead of the 45th session, urging States to support the renewal of the mandate of the Commission of Inquiry (CoI) on Burundi.

Burundi is in a period of potential transition, following the 20 May 2020 presidential, legislative and local elections resulting in the election of a new President, Évariste Ndayishimiye and after the death of former President Nkurunziza. At this moment and in this context, there are signs of promise as well as of significant concern. Despite promising remarks by President Ndayishimiyeduring at his inauguration, as well as the authorities’ new, more transparent approach to tackling the COVID-19 pandemic, observers also raised concerns, notably over the fact that several newly appointed members of the Ndayishimiye administration are subject to international individual sanctions for their alleged responsibility in human rights violations. Nonetheless, the political transition represents an opportunity to open a new chapter for the Burundian people and for Burundi’s relationship with the UN human rights system.

As of today, the Commission of Inquiry remains the only independent mechanism mandated to monitor and document human rights violations and abuses, and publicly report on the situation in Burundi, with sufficient resources and experience to do so. At its 45th session, the Council should avoid sending the Government of Burundi signals that would disincentivise domestic human rights reforms, such as terminating the CoI’s mandate in the absence of measurable progress. It should avoid a scenario where re-establishing the CoI’s mandate would be necessary after a premature discontinuation, because of a renewed escalation of human rights violations and abuses. The Council should rather ensure continued investigations, monitoring, public reporting, and public debates on Burundi’s human rights situation.

Egypt

The ‘Terrorism Circuit courts’ in Egypt are enabling pre-trial detention as a form of punishment including against human rights defenders and journalists, such as Ibrahim Metwally, Mohamed El-Baqer and Esraa Abdel Fattah, Ramy Kamel, Alaa Abdel-Fattah, Patrick Zaky, Ramy Shaat, Eman Al-Helw, Solafa Magdy and Hossam El-Sayed. All of the individuals that the Special Procedures and the High Commissioner have written about since September 2019 are still in pre-trial detention by these courts.

ISHR urges States to call on Egypt to immediately and unconditionally release all those detained for exercising their human rights, to stop using pre-trial detention as a punishment, and to take immediate measures to guarantee their rights to contact their families on a regular and continuous basis and to ease sending and receiving letters, food and medical supplies to them.

Background information: Seven UN experts have expressed concern about the collective and corrosive effects of Egypt’s counter-terrorism laws and practices on the promotion and protection of human rights. They stated that “Despite [] repeated communications by UN experts over arbitrary detention of individuals, human rights defenders and activists, the Egyptian Government has not changed its laws of practice”. The government’s response to the UPR in March 2020 demonstrated its lack of political will to address key concerns raised by States and to engage constructively with the Council. For example, the government refused to acknowledge the systematic and widespread attacks against defenders, the practice of torture and ill-treatment in detention centres, and to receive visits by Special Rapporteurs on torture and human rights defenders. The government claimed that no one is detained for exercising their rights, despite the fact that the UN Working Group on Arbitrary Detention found that arbitrary detention is a systematic problem in Egypt and could constitute a crime against humanity.[see also: https://humanrightsdefenders.blog/2020/08/27/egypt-15-year-term-for-human-rights-defender-bahey-el-din-hassan/]

Other country situations

The High Commissioner will provide an oral update to the Council on 14 September 2020. The Council will consider updates, 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:

Oral update by the High Commissioner on the human rights situation in Nicaragua
Oral updates by the High Commissioner, and an Interactive Dialogue on the report of the independent international fact-finding mission on the Bolivarian Republic of Venezuela
Enhanced Interactive Dialogue on the report of the HC on the situation of human rights in Myanmar, including of Rohingya Muslims and other minorities, an interactive dialogue on the report of on the Independent Investigative Mechanism on Myanmar, and an Interactive Dialogue with the SR on the situation of human rights in Myanmar
Interactive Dialogue with the Commission of Inquiry on Burundi
Interactive Dialogue with the Commission of Inquiry on the Syrian Arab Republic
Enhanced Interactive Dialogue with the Commission on Human Rights in South Sudan
Interactive dialogue with the Group of Eminent International and Regional Experts on Yemen
Interactive Dialogue with the High Commissioner on the situation of human rights in Ukraine
Interactive Dialogue with the Special Rapporteur on the situation of human rights in Cambodia
Enhanced Interactive Dialogue with the High Commissioner on the situation of human rights in the Democratic Republic of the Congo and on the final report of the team of international experts on the situation in Kasai
Interactive Dialogue with the Independent Expert on the situation of human rights in Somalia
Enhanced Interactive Dialogue with the Independent Expert on the situation of human rights in the Sudan
Interactive Dialogue with the Fact-finding mission on Libya
Interactive Dialogue with the Independent Expert on the situation of human rights in the Central African Republic
Presentation of the High Commissioner’s report on cooperation with Georgia

Council programme, appointments and resolutions

Appointment of mandate holders

The President of the Human Rights Council will propose candidates for the following mandates:

Special Rapporteur on the rights of persons with disabilities
Working Group on Arbitrary Detention, member from African States and member from Latin American and Caribbean States
Working Group on discrimination against women and girls, member form Latin American and Caribbean States
Working Group on Enforced or Involuntary Disappearances, member from African States
Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination, member from Asia-Pacific States
Independent Expert on the situation of human rights in the Sudan (if renewed).

Resolutions to be presented to the Council’s 45th session

At the organisational meeting on 31 August the following resolutions were announced (States leading the resolution in brackets):

Special Rapporteur on hazardous waste mandate renewal (African Group)
Working Group of Experts on People of African Descent mandate renewal (African Group)
From rhetoric to reality – a global call for concrete action against racism, racial discrimination, xenophobia and related intolerance (African Group)
Technical assistance and capacity building in Sudan (African Group)
Human rights and indigenous peoples (Mexico, Guatemala)
Human rights and terrorism (Egypt, Mexico)
The human rights to safe drinking water and sanitation (Germany, Spain)
Technical assistance and capacity building in Yemen ((Yemen)
Local government and human rights (Chile, Egypt, South Korea, Romania)
The human rights situation in Yemen (the Netherlands, Belgium, Canada, Ireland, Luxembourg)
Independent expert on the human rights situation in Somalia (Somalia and the United Kingdom)
Technical cooperation and capacity building in the field of human rights (Brazil, Honduras, Indonesia, Morocco, Norway, Qatar, Singapore, Thailand, Turkey)
Accountability for ensuring women’s and girls’ full enjoyment of human rights in humanitarian settings (Canada, Fiji, Georgia, Uruguay, Sweden)
Human rights and the regulation of civilian acquisition, possession and use of firearms (Ecuador, Peru)
Rights of the Child (EU, GRULAC)
Human rights situations in Burundi (EU)
IGWG Private military and security companies mandate renewal TBC (South Africa)
Elimination of discrmination against women and girls in sport (South Africa)
Inequalities in and amongst States in the realization of human rights (South Africa)
National human rights institutions (Australia)
Contribution of Human Rights Council to prevention of human rights violations (Norway, Sierra Leone, Switzerland, Uruguay)
Safety of journalists (Austria, Brazil, France, Greece, Morocco, Qatar, Tunisia)
Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence mandate renewal (Switzerland, Argentina, Morocco)
Enforced disappearances mandate renewal (France, Argentina, Morocco, Japan)
Women, peace and security (Spain, Argentina, Azerbaijan, Namibia, Tunisia, Finland)

Adoption of Universal Periodic Review (UPR) reports

During this session, the Council will adopt the UPR working group reports on Kyrgyzstan, Guinea, the Lao People’s Democratic Republic, Lesotho, Kenya, Armenia , Guinea-Bissau, Sweden, Grenada, Turkey, Kiribati and Guyana. ISHR supports human rights defenders in their interaction with the UPR and publishes briefing papers regarding the situation facing human rights defenders in some States under review and advocate for the UPR to be used as mechanism to support and protect human rights defenders on the ground. This session of the Council will provide an opportunity for Turkey and Guinea to accept recommendations made in relation to human rights defenders, as proposed in ISHR’s briefing papers.

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. Three panel discussions are scheduled for this upcoming session:

Annual half-day discussion on the rights of indigenous peoples. Theme: Protection of indigenous human rights defenders
Biennial panel discussion on the right to development. Theme: COVID-19 and the right to development: we are all in this together
Annual discussion on the integration of a gender perspective throughout the work of the Human Rights Council and that of its mechanisms. Theme: Gender and diversity: strengthening the intersectional perspective in the work of the Human Rights Council

https://www.ishr.ch/news/hrc45-key-issues-agenda-september-2020-session

Posted in Human Rights Council, Human Rights Defenders, ISHR, OHCHR, UN | 1 Comment »
Tags: 45th session of the UN Human Rights Council, anti-reprisals focal point, Human Rights Council, Ilze Brands Kehris, ISHR, reprisals, UN, UN Special Rapporteurs

New shocking report by AI re prisoners’ abuse in Iran

September 3, 2020

On 2 September 2020 Amnesty International brought out a new report on Iran which shows that detainees were flogged, sexually abused and given electric shocks in the gruesome post-protest crackdown in 2019.

Iran’s police, intelligence and security forces, and prison officials have committed, with the complicity of judges and prosecutors, a catalogue of shocking human rights violations, including arbitrary detention, enforced disappearance, torture and other ill-treatment, against those detained in connection with the nationwide protests of November 2019, said Amnesty International in a new report published today.

The report, Trampling humanity: Mass arrests, disappearances and torture since Iran’s 2019 November protests, documents the harrowing accounts of dozens of protesters, bystanders and others who were violently arrested, forcibly disappeared or held incommunicado, systemically denied access to their lawyers during interrogations, and repeatedly tortured to “confess”. They are among the 7,000 men, women and children arrested by the Iranian authorities within a matter of days during their brutal repression of the protests.

Victims include children as young as 10 and injured protesters and bystanders arrested from hospitals while seeking medical care for gunshot wounds, as well as human rights defenders including minority rights activists, journalists, and individuals who attended ceremonies to commemorate those killed during the protests. Hundreds have since been sentenced to prison terms and flogging and several to the death penalty following grossly unfair trials which were presided over by biased judges behind closed doors, frequently lasted less than an hour, and systematically relied on torture-tainted “confessions”.

“In the days following the mass protests, videos showing Iran’s security forces deliberately killing and injuring unarmed protesters and bystanders sent shockwaves around the world. Much less visible has been the catalogue of cruelty meted out to detainees and their families by Iranian officials away from the public eye,” said Diana Eltahawy, Amnesty International’s Deputy Regional Director for the Middle East and North Africa.

“Instead of investigating allegations of enforced disappearance, torture and other ill-treatment and other crimes against detainees, Iranian prosecutors became complicit in the campaign of repression by bringing national security charges against hundreds of people solely for exercising their rights to freedom of expression, association and peaceful assembly, while judges doled out guilty verdicts on the basis of torture-tainted ‘confessions’. This litany of crimes and violations, committed with total impunity, has been accompanied by a wave of forced televised ‘confessions’ in state propaganda videos and grotesque statements from top officials who have praised intelligence and security forces as heroes for their role in the brutal crackdown.”

Amnesty International has recorded the names and details of more than 500 protesters and others, including journalists and human rights defenders, who have been subjected to unfair criminal proceedings in connection with the protests.

Prison terms meted out to those convicted have ranged from between one month and 10 years for vague or spurious national security charges such as “gathering and colluding to commit crimes against national security”, “spreading propaganda against the system”, “disrupting public order” and “insulting the Supreme Leader”.

Of these, at least three, Amirhossein Moradi, Mohammad Rajabi and Saeed Tamjidi, were sentenced to death for “enmity against God” (moharebeh) through acts of vandalism, and another, Hossein Reyhani, is awaiting trial on a charge carrying the death penalty.

More than a dozen known to Amnesty International have received flogging sentences, in addition to prison terms, and at least two have had their flogging sentences implemented.

The organization believes that the real number of individuals prosecuted and sentenced in connection with the November 2019 protests is far higher, given the large number of arrests carried out and the patterns of prosecution and sentencing in the country in cases of arbitrary arrests and detention involving intelligence and security bodies.

Amnesty International is urging member states of the UN Human Rights Council and the Office of the UN High Commissioner for Human Rights to address the prolonged, systematic impunity for gross violations of human rights in Iran, including by supporting the establishment of a UN-led inquiry with a view to ensuring accountability and guarantees of non-repetition.

The organization is also urging all UN member states to forcefully call on the Iranian authorities to immediately and unconditionally release anyone who continues to be imprisoned solely for exercising their rights to freedom of expression, association and peaceful assembly in connection with the November 2019 protests; quash all convictions resulting from unfair trials, including those that relied on statements obtained through torture or other ill-treatment; and hold those responsible to account.

Torture epidemic

Amnesty International’s research found that there was widespread use of torture and other ill-treatment by police, intelligence and security agents and prison officials against men, women and children, both during arrest and later in detention.

Prosecution and judicial authorities failed in their legal obligations to conduct independent and impartial inspections of detention facilities, including those run by security and intelligence bodies, and to ensure that legal provisions banning the use of secret detention and torture and other ill-treatment against detainees are respected.

Torture was used to punish, intimidate and humiliate detainees. It was also routinely used to elicit “confessions” and incriminating statements, not just about their involvement in the protests, but also about their alleged associations with opposition groups, human rights defenders, media outside Iran, as well as with foreign governments.

The organization’s research found that victims were frequently hooded or blindfolded; punched, kicked and flogged; beaten with sticks, rubber hosepipes, knives, batons and cables; suspended or forced into holding painful stress positions for prolonged periods; deprived of sufficient food and potable water; placed in prolonged solitary confinement, sometimes for weeks or even months; and denied medical care for injuries sustained during the protests or as a result of torture.

Other documented methods of torture included stripping detainees and spraying them with cold water, and subjecting detainees to extreme temperatures and/or bombardment of light or sound; forcible extraction of the nails from fingers or toes; pepper spraying; forced administration of chemical substances; using electric shocks; waterboarding; and mock executions.

Information received by Amnesty International from primary sources also reveals that interrogators and prison officials perpetrated sexual violence against male detainees, including through stripping and forced nakedness, sexual verbal abuse, pepper spraying the genital area, and administering electric shocks to the testicles.

One victim from Khorasan Razavi province who was subjected to waterboarding told Amnesty International:

“They [my interrogators] would drench a towel in water and place it over my face. Then they would pour water slowly over the towel, which made me feel like I was suffocating… They would stop… until I started to feel better and then they would start torturing me this way again. They also punched, kicked and flogged me on the soles of my feet with a cable.”

One man who was subjected to electric shocks recounted:

“The electric shocks were the worst form of torture… It felt like my entire body was being pierced with millions of needles. If I refused to answer their questions, they would raise the voltage levels and give me stronger electric shocks. I would shake violently and there would be a strong burning sensation coursing through my whole body…. The torture has had lasting effects on my mental and physical health. To this day, I still can’t sleep at night.”

A victim from Tehran province who was suspended from his hands and feet from a pole in a painful method his interrogators referred to as “chicken kebab” told the organization:

“The pain was excruciating. There was so much pressure and pain in my body that I would urinate on myself… My family know that I was tortured, but they don’t know how I was tortured. I feel choked with tears because there is no one here I can speak to.”

In all cases documented by Amnesty International, victims reported various forms of psychological torture to give forced “confessions”, including the use of degrading verbal insults and profanities; the intimidation and harassment of their family members; threats to arrest, torture, kill or otherwise harm their family members, including elderly parents or spouses; and threats to rape detainees or their female family members.

Enforced disappearances

Amnesty International’s research shows that many detainees were subjected to enforced disappearance for weeks or even months while held in undisclosed locations run by the security and intelligence bodies including the ministry of intelligence or the Revolutionary Guards. Other detainees were held in overcrowded prisons or police stations, military barracks, sports venues and schools.

Distressed relatives told the organization that they visited hospitals, morgues, police stations, prosecution offices, courts, prisons and other known detention centres to enquire about the fate or whereabouts of their loved ones, but the authorities refused to provide them with information and threatened them with arrest if they kept seeking information or publicly spoke out about them.

In one case documented by Amnesty International, the authorities arrested a family member of two people who were forcibly disappeared for enquiring about their fate and whereabouts.

Amnesty International is aware of three ongoing cases of enforced disappearance, where the authorities continue to conceal their fate and whereabouts from their families. They include brothers Mehdi Roodbarian and Mostafa Roodbarian from Mahshahr, Khuzestan province.

On 11 September followed this: https://en.radiofarda.com/a/human-rights-organizations-call-for-un-investigation-into-suppressing-iranian-protesters/30833918.html

https://www.amnesty.org/en/latest/news/2020/09/iran-detainees-flogged-sexually-abused-and-given-electric-shocks-in-gruesome-post-protest-crackdown-new-report/

Posted in AI, Amnesty international, books, human rights, Human Rights Council, Human Rights Defenders | Leave a Comment »
Tags: Amirhossein Moradi, Amnesty International, death penalty, disappearances, illtreatment, imprisonment, Iran, Mohammad Rajabi, peaceful protest, Saeed Tamjidi, torture, UN Human Rights Council

ISHR’s 2020 report on reprisals to the UN Secretary-General

August 31, 2020

In order for the international human rights system to function to its fullest potential, human rights defenders must be able to share crucial information and perspectives regarding situations on the ground. However, many defenders still face unacceptable risks and are unable to cooperate safely with the UN. Although this study by the International Service for Human Rights (ISHR) dates back to 3 may 2020 , I still want to refer to it because reprisals is one of the most importatnt topics covered regularly in this blog [see https://humanrightsdefenders.blog/tag/reprisals/ and https://humanrightsdefenders.blog/2014/03/13/zero-tolerance-for-states-that-take-reprisals-against-hrds-lets-up-the-ante/%5D

Photo: FlickR / Looking4poetry

ISHR’s new report to the UN Secretary-General demonstrates the need for the UN and States to do more to prevent and ensure accountability for intimidation and reprisals against those who cooperate or seek to cooperate with the UN. The report was prepared in response to the call for submissions to the annual report of the Secretary-General on cooperation with the UN in the field of human rights, aka the ‘Reprisals Report’. ISHR’s report outlines developments in the international and regional systems, and documents a number of cases.

ISHR’s submission presents a disturbing pattern of intimidation and reprisals. Cases of reprisals featured in the submission range from States dangerously maligning defenders to killing them. In Venezuela, increased monitoring of the situation by the UN has been met with increased risk, stigmatization and harassment of defenders working with the mechanisms. In the Philippines, human rights defenders continue to be vilified by the government and accused of being terrorists. Defenders in Honduras, India, Thailand, Cuba, and Yemen continue to be threatened and harassed. In Russia and Cameroon, defenders who engaged with the UN have been refused entry to the country. Defenders working on China continue to be smeared and discredited and there continues to be no investigation into the death of Cao Shunli, who was jailed and died in custody for trying to provide information to the UN. Defenders in Egypt, the UAE, Saudi Arabia, remain in jail because they dared engage in international advocacy. Other countries cited in the report include The Bahamas, Brazil, Burundi, Mexico, Morocco, and the United States.

The report includes follow-up information on a large number of cases, demonstrating that incidents of reprisals and intimidation are very rarely, if ever, adequately resolved. ‘One only needs to look at the cases that remain unresolved year after year, to know that something more must be done by the UN on follow-up. Otherwise, reprisals ‘work’ to dissuade engagement, and perpetrators are emboldened’, said Madeleine Sinclair, New York Office Co-Director and Legal Counsel.

The primary duty to prevent and remedy reprisals lies with States—who must do more to prevent, investigate and ensure accountability for reprisals. ‘States must use the opportunity of the interactive dialogue on the Secretary-General’s report in September, as well as Item 5 debates, to raise specific cases and hold their peers accountable’, said Sinclair.

The submission also highlights ISHR’s new study, ‘Intimidation and its Impact on Engagement with the UN Human Rights System: Methodological challenges and opportunities’. The study responds to the challenge of severe intimidation leading to ‘self-censorship’ and proposes methodological approaches to strengthen the future capacity to measure and understand how intimidation tactics – both blunt and subtle – effectively inhibit human rights reporting and action, thus reinforcing impunity for States’ abuses. Among these is the dire need for better data. ‘As a starting point, the UN needs to harness its vast data collecting power to systematically track cooperation with its diverse human rights mechanisms so as to be able to track deterioration or improvements from year to year,’ said Sinclair. The study proposes that this, combined with data on human rights abuses, would enable the identification of countries where there is high abuse and low cooperation as well as those with high abuse and high cooperation. Best practice research can then extract lessons learned from countries with high levels of abuse and high levels of cooperation that may assist countries where intimidation has been more successful in sustaining inhibition.

Links:

Ending intimidation and reprisals against those who cooperate with the UN in the field of human rights, Submission to the UN Secretary-General on recent developments, cases and recommendations, May 2020.

Intimidation and its Impact on Engagement with the UN Human Rights System: Methodological challenges and opportunities, March 2020.

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https://www.ishr.ch/news/reprisals-un-and-states-can-and-must-do-more-prevent-and-address-reprisals-0

Posted in human rights, Human Rights Defenders, ISHR, UN | 1 Comment »
Tags: annual Report of the Secretary General on Reprisals, Human Rights Defenders, intimidation, ISHR, reprisals, study, UN Human Rights Council

UNEP FI: Tool for associating UN and financial sector

August 29, 2020

The United Nations Environment Programme Finance Initiative (UNEP FI) was established in 1992 as a platform associating the United Nations and the financial sector globally. The need for this unique partnership arose from the growing recognition of the links between finance and environmental, social and governance (ESG) challenges, and the role financial institutions could play for a more sustainable world.

UNEP FI works closely with 230 members from the banking, investment and insurance sectors, who have signed the UNEP FI Statement of Commitment. The membership is made up of public and private financial institutions from around the world, and is balanced between developed and developing countries. They recognize sustainability as part of a collective responsibility and support approaches to anticipate and prevent potential negative impacts on the environment and society.

UNEP FI Social Issues

UNEP FI is committed to exploring the intricacies between social issues, human rights and financial sector practices. UNEP FI aims to de-mystify the language and jargon surrounding the social agenda, and clarify how social issues relate to the activities of finance institutions.

The main objectives of the work stream include:

To develop and maintain an understanding of human rights and social issues and how they apply to financial institutions worldwide, so that financial sector professionals are equipped to make responsible decisions.
To produce internationally applicable guidance for finance sector organizations on identifying and addressing social issues relevant to their businesses, highlighting relevant international laws, standards and initiatives, and examples of best practice.

The UNEP FI Human Rights Guidance Tool for the Financial Sector is designed as an online signposting tool providing information on human rights risks for financial institutions.

Included in the tool finance practitioners will find:

background information on human rights and how they relate to finance
relevant international laws, standards and initiatives
key questions to assist in assessing human rights risks and impacts
issues relating to different industry sectors
key human rights topics
links to other relevant resources

The tool focuses specifically on human rights issues relevant to the assessment of business relationships and transactions. Links are also provided within each of the sector briefings to the broader environmental and social risk guidance provided by UNEP FI. Together these form part of the growing array of tools and guidance available to financial institutions to enhance their understanding of human rights risks.

This tool provides a framework for finance sector professionals to:

identify potential human rights risk in lending operations
assess the materiality of the human right risk
identify possible risk mitigants.

Financial institutions will want to use the tool to assess the human rights issues in their own business and its supply chain. They will also find it useful in reviewing other aspects of financial services provision, in addition to lending policies and practices. Whilst the tool is mainly addressed to lending managers, human rights are important in relation to all financial sector activity, so others will also find much of interest and relevance in it.

The Human Rights Guidance Tool has been fully revised in 2014. The tool was originally launched in 2007 and updated in 2011.

Introduction

Key Issues and Questions

Human Rights Issues by Sector

Human Rights Issues by Topic

Resources

About this tool

https://www.unepfi.org/humanrightstoolkit/credits.php

Posted in books, UN | Leave a Comment »
Tags: bank, environmental issues, guidance, social economic and cultural rights, standard setting, United Nations Environment Programme Finance Initiative (UNEP FI)