Archive for the 'UN' Category

Human Rights Defenders in Sri Lanka: fear return to a ‘state of fear’

June 14, 2020

Families hold photographs of missing loved ones during a protest in Sri Lanka Families hold photographs of missing loved ones during a protest in Colombo, Sri Lanka’s largest city, in February 2020. (TNH)

Rights groups are warning of a crackdown on dissent and rising authoritarianism in Sri Lanka, raising fears for the future of long-stalled civil war reconciliation efforts. Since President Gotabaya Rajapaksa took office after November elections, local rights activists have reported a rise in surveillance by state security forces, threats, and other measures more common during the country’s 26-year civil war, which ended in 2009, as well as its aftermath. A long piece in the New Humanitarian of 10 june 2020 gives the details:

Surveillance has always been there, but since the election what we have seen is that it’s more open and more rampant,” said Shreen Saroor, a women’s rights activist…

Human Rights Watch says Rajapaksa is re-establishing a “state of fear” in Sri Lanka, citing interviews with dozens of activists and journalists. Many local journalists say they are self-censoring as threatening phone calls and other pressures escalate, acutely aware of the country’s history of unsolved murders and abductions. At least two reporters have already fled the country, according to the Committee to Protect Journalists. 

In February, Sri Lanka announced it was backing out of commitments made to the UN Human Rights Council in 2015 by a previous administration. These promised a range of measures to investigate abuses during the civil war. ..

[see also: from my blog post https://humanrightsdefenders.blog/2020/02/24/human-rights-defenders-issues-on-the-agenda-of-43rd-human-rights-council/ Sri Lanka: Civil society groups are concerned over the backsliding on the commitments made by Sri Lanka in Human Rights Council Resolution 30/1. The recently elected president, Gotabaya Rajapaksa, along with his brother Mahinda Rajapaksa, who has been appointed prime minister, have been implicated in war crimes and numerous human rights violations when they were defence secretary and president respectively from 2005 to 2015. The new Government has made clear its intention to walk away from the Council process on Sri Lanka, a process that is currently the only hope for victims of human rights violations that truth, justice, reparations, and guarantees of non-recurrence are possible. [see https://www.nwaonline.com/news/2020/feb/23/sri-lanka-details-un-case-pullout/] Meanwhile, the relatively open climate for human rights defenders and journalists of the past few years seems to be rapidly closing. More than a dozen human rights and media organisations have received intimidating visits by members of law enforcement and intelligence agencies, while death threats against journalists have resumed. ISHR calls on States to urge for continued cooperation of the Government of Sri Lanka with OHCHR and the Special Procedures. The Council should reiterate the reference in Resolution 40/1 to “the adoption of a time-bound implementation strategy” for implementation of all elements of Resolution 30/1. [see also: https://humanrightsdefenders.blog/2020/01/22/sri-lankan-government-accused-of-embarking-on-process-to-silence-critics/]

And, this month, Rajapaksa created two “task forces” with vague mandates, which rights groups fear could operate parallel to existing institutions. One, a body created to combat “anti-social activities”, is led by security and intelligence officials. Another task force mandated to protect cultural heritage appears to exclude non-Buddhists and non-Sinhalese. Rajapaksa’s first six months in office, the International Crisis Group said in a May report, have been “aggressively Sinhala nationalist, family-centred, and authoritarian”.

….“All these years of looking for justice would be then wasted,” said Yogeshwari, 45, whose husband disappeared 15 years ago.Families hold photographs of missing loved ones during a protest in Sri LankaTNH Families of Sri Lanka’s missing thousands fear the government is aiming to curb investigations into unsolved civil war disappearances.

In announcing his country’s withdrawal from its UN Human Rights Council commitments in February, Sri Lanka’s foreign minister, Dinesh Gunawardena, said the previous pledges would infringe on “the sovereignty of [the] people of Sri Lanka”…

A government body tasked with investigating disappearances, the Office on Missing Persons (OMP), didn’t begin its work until 2018. It’s effectively the only government body actively working on reconciliation issues. Ruki Fernando, an advisor with Inform, a Colombo-based human rights documentation centre, expects the Rajapaksa government to take a similar line domestically by clipping the OMP’s powers.  “It is not about shutting them down,” Fernando said. “It is more about making them administratively limp.”…

Saroor believes the Rajapaksa government will likely ramp up its stance against investigations and reconciliation efforts. “Sri Lanka transitional justice and truth-seeking will come to a standstill,” she said.

This piece was reported by a freelance journalist whose name is being withheld over concerns for their safety. 

https://www.arabnews.com/node/1687911/world

https://www.thenewhumanitarian.org/news/2020/06/10/Sri-Lanka-activists-state-of-fear?utm_source=The+New+Humanitarian&utm_campaign=412d1dac95-EMAIL_CAMPAIGN_2020_06_12_Weekly&utm_medium=email&utm_term=0_d842d98289-412d1dac95-75444053

https://www.tamilguardian.com/content/un-chief-expresses-alarm-clampdown-freedom-expression-sri-lanka

Coalition of 187 global organisations issues joint statement re the impact of Covid-19 pandemic on LGBTI

June 11, 2020

Drafted by ILGA World, the International Service for Human Rights (ISHR), COC, OutRight Action International, the Swedish Federation for Lesbian, Gay, Bisexual, Transgender, Queer and Intersex Rights (RFSL), GATE and ARC International, the statement was submitted to the United Nations Human Rights Council in advance of its 44th session on 22 June 2020.

The statement addresses several issues, including:

  • the right to health;
  • the rise of stigma and discrimination and scapegoating of LGBTI persons;
  • access to housing, water and sanitation;
  • the right to work and impacts on livelihood; and
  • civic space restrictions.

While acknowledging that actions to combat the COVID-19 pandemic are urgent and necessary, signatories of the statement urge UN Member States and stakeholders to ensure that international human rights obligations are complied with, and specific vulnerabilities of LGBTI persons are taken into account, during the implication of such emergency response measures.

Five key recommendations to States and stakeholders are included in the statement, including:

  • ensure accessibility of health care and services to every person, including sexual and reproductive health, without discrimination of any kind;
  • comply with international human rights laws and standards when implementing emergency measures, following requirements of legality, necessity, proportionality and non-discrimination, including on the basis of sexual orientation, gender identity and expression and sex characteristics (SOGIESC);
  • guarantee that shelters are inclusive for all persons regardless of their SOGIESC and implement measures allowing LGBTI persons to report violence and discrimination suffered in a private context, including at homes and shelters;
  • ensure that emergency measures to address the socio-economic impacts of the pandemic, as well as recovery plans, are inclusive to LGBTI persons – especially to trans, older and homeless LGBTI persons; and
  • ensure access to national, regional and international systems of accountability. States and stakeholders should implement lines of action designed to sustain and ensure the continuity of the engagement of civil society and human rights defenders in UN bodies and mechanisms.

In its conclusion, the statement urges authorities ‘to ensure that this public health emergency will neither exacerbate existing misconceptions, prejudices, inequalities or structural barriers, nor lead to increased violence and discrimination against persons with diverse sexual orientation, gender identity and expression and sex characteristics.’

See also: https://humanrightsdefenders.blog/2020/05/18/17-may-was-international-day-against-homophobia-covid-19-makes-things-worse/

https://www.curvemag.com/us/ibahri-signs-joint-statement-on-the-impact-of-covid-19-on-lgbti-persons-human-rights/

The weakness of UN Secretaries General versus Big powers in speaking out

June 10, 2020

UN Chiefs Silenced by Big Powers with vetoes

as demonstrated again by George Floyd’s Killing

Protests in cities across the United States including in New York city. Credit: UN News/Shirin Yaseen
Thalif Deen wrote for the Santiago Times of 9 June a piece based on an IPS study about the lack of repsonse by the UN Secretary General.

…..But will any UN Secretary-General – past or present – have plucked up courage to condemn the political leadership either in the United States or China, two veto-wielding permanent members in the Security Council, in such harsh terms?

For a related issue, see: https://www.theguardian.com/global-development/2020/jun/09/what-does-the-un-stand-for-anger-as-staff-told-not-to-join-anti-racism-protests

The piece then considers whether a single 7 year term (instead of a reelection for 5 years) would help?

…The problem is that both Ban Ki-moon and Antonio Guterres have paid no attention to the three most important words that open the Charter of the UN: “We the peoples”…“They both pay homage only to governments; it’s as if ‘the peoples’ of the world don’t exist. As a result, there is neither transparency nor accountability”, said Lewis, who was a UN Special Envoy for HIV/AIDS in Africa, and later co-founder and co-director of AIDS-Free World.

Guterres, he said, hides behind the Convention on Privileges and Immunities, or with willful arrogance refuses to answer questions put to him. “Thus, when asked why he’s silent on the turbulence in the United States, and in particular the excessive use of force, he defers to his spokesperson who provides fatuous nonsense in response.”

It was exactly the way Ban never felt the obligation to tell the truth about cholera in Haiti, nor to feel it necessary to explain why the $400 million fund was effectively abandoned, he noted.

Perhaps one of the few exceptions in the 75-year history of the UN was former Secretary-General Boutros Boutros-Ghali of Egypt who paid the supreme penalty of being vetoed out of a second term —even though he garnered an overwhelming 14 of the 15 votes in the UN Security Council. But the US ingloriously vetoed his claims for a second term….

The 1996 study sponsored by two major think tanks implicitly accused some of the world’s big powers of manipulating the election of the Secretary-General so as to ensure that U.N. heads are political creatures with no minds of their own. “It is impossible to escape the impression, that many governments, including some of the most powerful, do not want a strong, independent leader as Secretary-General,” said the study published under the auspices of the New York-based Ford Foundation and the Dag Hammarskjold Foundation of Stockholm. The authors of the study – Brian Urquhart and Erskine Childers, both senior UN officials – said the selection of the Secretary-General is quite literally part of “an old-boy network.” “The United Nations is an intergovernmental organisation, and governments have no intentions of giving up control of it.”

Lewis argued there is no freedom of information in the UN, and that’s what gets governments like Sweden frustrated and thinking of shortening the SG’s term. “The Secretary-General should be required to hold an open press conference at least once, preferably twice a week, with a critical media corps to ask questions. If that were the case, the entire culture of his office would change.” “It’s his behaviour rather than his longevity that needs reform,” declared Lewis.

In a hard-hitting article titled “As Protests Sweep the US, the UN Tweets Platitudes”, Dulcie Leimbach, a former editor at the New York Times and founder of PassBlue, a widely-read web publication covering the United Nations, wrote: “Amid curfews in New York City, constant marches and protests, sirens from the streets and helicopters whirring above, the United Nations top leader, António Guterres, has not appeared before the media to say anything directly about the convulsions exploding across the five boroughs and far beyond. Instead, he has relied on his spokespeople to provide responses.

Leimbach also wrote that the lack of direct reference to the killing of George Floyd, and the turn of events here in the city and elsewhere, extends to the UN Security Council, the General Assembly, the US mission to the UN and other national delegations. Only the UN high commissioner for human rights, Michelle Bachelet, a Chilean who is based in Geneva, has directly addressed Floyd’s murder….

https://santiagotimes.cl/en/2020/06/09/un-chiefs-silenced-by-big-powers-with-vetoes/

How a Philipines website does the reporting on the UN findings on human rights violations

June 5, 2020

There has been quite a bit of media interest in the UN investigation into impunity in the Philippines [see: https://humanrightsdefenders.blog/2019/07/22/why-iceland-led-the-un-resolution-on-the-philippines/]. Could be interesting to see how a Philippines site reported on the outcome on 5 June 2020, showing both the UN and Government reaction:

The Philippines government has dismissed a UN human rights report which had claimed that the country had acted with impunity during its war on drugs, as “unfounded”. The UN High Commissioner for Human Rights Michelle Bachelet said the report found “deep-seated impunity for serious human rights violations, and victims have been deprived of justice for the killings of their loved ones. Their testimonies are heartbreaking“, reports Efe news.

The report said President Rodrigo Duterte’s tough anti-drugs campaign had led to human rights abuses including “credible accusations of extrajudicial killings”. In response, presidential spokesman Harry Roque said on Thursday that impunity had no place in the Philippines. “Law enforcers operate on strict protocols and transgressors of the law are made accountable,” he said in a statement.

The UN report also highlighted the issue of official language used by Duterte in the implementation of his war on drugs, noting the use of vocabulary such as “neutralization”.

Such ill-defined and ominous language, coupled with repeated verbal encouragement by the highest level of State officials to use lethal force, may have emboldened police to treat the circular as permission to kill,” the report said. Roque dismissed the accusations. “We remain a nation that takes pride in protecting our people’s rights and freedoms, among which is the freedom of expression,” he said.

According to the UN, at least 8,633 people have been killed since the Philippines government launched its anti-drug campaign, while rights groups claim the tolls is more than 12,000. It added that among those killed between 2014-19 were 248 human rights defenders, social leaders, journalists, lawyers and union members.

http://www.daijiworld.com/news/newsDisplay.aspx?newsID=716146

see also:

https://www.philstar.com/headlines/2020/06/05/2018893/intl-rights-watchdogs-call-un-launch-investigative-body-ejks-philippines

https://www.gmanetwork.com/news/news/nation/741407/gov-t-should-address-un-findings-on-police-planting-evidence-drug-war-killings/story/

EU human rights committee condemns India’s arrest of human rights defenders

June 1, 2020
Maria Arena is the chairperson of the Subcommittee of Human Rights of the European Parliament member of Socialist and Democrats parliamentary group. Photo: Reporter

20 May 2020 the chairperson of the Subcommittee of Human Rights of the European Parliament sent a letter to Indian Home Minister Amit Shah, condemning the arrest of human rights defenders under the Unlawful Activities (Prevention) Act.

In her letter, Maria Arena said the European body has been closely following the arrests of human rights defenders Anand Teltumbde and Gautam Navlakha by the National Investigative Agency in India.

Academic and Dalit author Teltumbde and human rights defender Navlakha had surrendered to the police last month after exhausting their possible legal remedies.

Nine other defenders have been in jail since 2018 in the Bhima Koregaon case, where the charges relate to caste violence around an Ambedkarite event and an alleged Maoist plot to foment armed revolution and possibly assassinate Prime Minister Narendra Modi.

In 2018, the United Nations’ Office of the High Commissioner for Human Rights had issued a statement against terror charges being invoked against the activists.

It is particularly alarming to note that human rights defenders cannot conduct advocacy activities, notably in favor of India’s poorest and most marginalised communities, without becoming subject to intimidation and harassment,” Arena said in her letter.

Equally worrying is the fact that terrorism charges, including under the Unlawful Activities Prevention Act (UAPA) have been used to silence them,” she noted pointing out that by United Nations Special Procedures, this clearly represents a violation of international human rights standards.

The letter further stated that to date, the European Parliament had noted that various forms of legitimate peaceful protests against laws, policies and governmental actions, including the Citizenship Amendment Act, had been portrayed as terrorist activities under this legislation, resulting in a number of arrests. [see also: https://humanrightsdefenders.blog/2018/10/07/india-attacks-on-human-rights-defenders-abound-under-unlawful-activities-prevention-act/]

This is notably the case for human rights activists such as Safoora Zargar, Gulfisha Fatima, Khalid Saifi, Meeran Haider, Shifa-Ur-Rehman, Dr Kafeel Khan, Asif Iqbal and Sharjeel Imam, who were recently arrested by the police,” the letter noted.

Against this background, there are also increased fears that the legislation might confer discretionary powers upon state agencies. India, she said, should do much more to ensure a safe and conducive environment for civil society working in the country and consider enacting a law on the protection and promotion of human rights defenders.

In a similar vein, ProtectDefenders on May 26 2020 reports “Increasing attacks against human rights defenders in India and Guatemala”. …..

Over the past month, ProtectDefenders.eu has received a considerable and growing number of reports regarding attacks, threats, and alerts affecting human rights defenders in India. This information alerts to the numerous acts of police and judicial harassment in the repression of legitimate activities in favor of human rights. Among other incidents, police harassment and arbitrary detention of human rights defenders were reported in Manipur State, in relation to statements made to criticise the management of the current COVID-19 pandemic by local authorities.

Safoora Zargar, a 27-years old student and woman human rights defender unjustly detained since 10 April, is one of the OMCT’s campaign #FacesOfHope

For the OMCT campaign see: https://humanrightsdefenders.blog/2020/05/25/faces-of-hope-campaign-human-rights-defenders-imprisoned-worldwide/

Moreover, the Paris-based International Federation for Human Rights has written to Prime Minister Narendra Modi and home minister Amit Shah terming the detentions of several Indian human rights activists ‘arbitrary’. It says the activists have been arrested for “their participation in peaceful protests against the Citizenship Amendment Act 2019 (CAA)” in the last few months.

The letter highlights the cases of Devangana Kalita and Natasha Narwal, student activists who have been associated with the anti-CAA protests in Delhi and were arrested recently by the Delhi police.

https://www.geo.tv/latest/290529-eu-human-rights-subcommittee-condemns-indias-arrest-of-human-rights-activists

https://www.telegraphindia.com/india/europe-flags-rights-concern/cid/1777254

https://thewire.in/rights/ifhr-anti-caa-activists-arrests-release

Virtual Human Rights Council adopts President’s statement on implications of COVID-19

May 30, 2020

On 29 May 2020 the UN Human Rights Council adopted a decision appealing to States to ensure human rights were at the front and centre of national responses to the pandemic and not side-lined while contending with the multiple ill effects of the virus on their societies.

Today’s decision is a profound reminder of the far-reaching effects of this deadly virus on all aspects of our livelihoods and our rights which we cannot take for granted”, stated Council President Elisabeth Tichy-Fisslberger. “We are all in this together, and we must act together with a sense of purpose if we are going to achieve our common agenda to promote and protect human rights around the globe”, she added.

The President’s Statement, presented by Ambassador Tichy-Fisslberger, and adopted by the 47 member States of the human rights body by silence procedure, “calls upon States to ensure that all human rights are respected, protected and fulfilled while combatting the pandemic and that their responses to the COVID-19 pandemic are in full compliance with their human rights obligations and commitments”.

The adopted statement also calls on High Commissioner for Human Rights Michelle Bachelet to produce a report on the impact of the COVID-19 pandemic on the enjoyment of human rights around the world, including highlighting good practices and areas of concern, to be presented at the 46th session of the Human Rights Council scheduled to take place in February/March 2021. [One is to hope that it will include a hard look at the fragmentation of Covid-19 relate policy statements, see: https://humanrightsdefenders.blog/2020/05/27/proliferation-of-human-rights-bodies-guidance-on-covid-19/]

States also invited the High Commissioner to present an oral update on the human rights impact of COVID-19 at the 44th session of the Council which is still scheduled to start on 22 June, which is expected to set the tone for similar statements addressing the multiple human rights angles of the virus during the planned three-week meeting. Since suspending its 43rd session on 13 March due to coronavirus restrictions, the Human Rights Council has been conducting its business in a virtual manner holding regular Bureau meetings, with States and NGOs, and three “virtual informal conversations”, including with the High Commissioner and Special Procedures who have issued more than 90 press releases and statements addressing COVID-19.

https://reliefweb.int/report/world/human-rights-council-adopts-president-s-statement-human-rights-implications-covid-19

4 June 2020 Webinar on business and human rights in the context of COVID-19

May 27, 2020

Having just posted a report on the prolifiration of intergovernmental responses to the Corona virus pandemic [https://wp.me/pQKto-4ob], it perhaps good to point to the webinar that Business & human rights is organising on 4 June 2020 on Risks and Protection of Human Rights Defenders.

This webinar will have a focus on the risks and protection of HRDs, particularly labour rights and land/environmental defenders and ensuring their participation in the post-pandemic recovery.

Date & Time: 4 June, 4.15 – 5.15 (ICT) / 10.15 – 11.15 (BST)

It will have two parts: a closed and an open session. The closed session – happening on Jitsi – will be a safe space for civil society organisations, human rights defenders, including labour rights and land and environmental defenders, labour unions, and journalists to jointly define practical recommendations on what governments and companies can do to address human rights situation, particularly of labour, land, environmental defenders and civic freedoms, in the context of COVID-19. This part of the webinar is invite-only.

The second part – happening on Zoom – will be an open session, will be an opportunity for civil society, defenders, and journalists to interact with government and business representatives and discuss how companies, governments and civil society can work together to ensure all stakeholders are able to shape recovery efforts, and make sure they are human rights compliant. Anyone is free to join us in the public session by RSVP-ing below.

Proliferation of Human Rights Bodies’ Guidance on COVID-19

May 27, 2020

On 22 May 2020 in “Just Security” [see: https://www.justsecurity.org/about-us/) published a post ” Mapping the Proliferation of Human Rights Bodies’ Guidance on COVID-19 Mitigation “. It is in some ways rather critical of the response by intergovernmental bodies in the human rights area when it comes to the COVID-19 pandemic. It starts by pointing out that they have collectively put out more than 150 statements on respecting human rights during the pandemic since late February. ..To help those interested in keeping track of the many statements, the International Justice Resource Center (IJRC) has published a webpage – COVID-19 Guidance from Supranational Human Rights Bodies – listing and linking to all relevant press releases and other guidance. This article serves to provide an overview of – and initial response to – the nature, scope, and sources of human rights advice available to States in the context of the pandemic. Having myself contributed with my blog to the proliferation of policy repsonse by NGOs and IGOs, I feel that this piece deserves full citation:

Read the rest of this entry »

Recent events make that May 20 elections in Burundi should be postponed

May 18, 2020
IDN-InDepthNews

It is a matter of extreme urgency that Burundi’s presidential, legislative, and local elections, scheduled for May 20, be postponed. Admittedly, it’s the eleventh hour, but the contagion of violence, and the viral contagion of COVID-19, make rescheduling imperative. Three events of the past several days make an incontrovertible  argument:

  • On May 14, the United Nations Commission of Inquiry (COI) on Burundi—investigating alleged crimes against humanity committed by Burundian government forces since September 2016  —released an urgent statement in light of the “numerous acts of violence and human rights violations” occurring during the election campaign. The Commission made clear that accelerating violence and the “shrinking of democratic space” put the electoral process at serious risk.
  • On May 13, the Burundian government expelled the World Health Organization (WHO) team just as the pandemic inexorably spreads in Burundi. The government has done little to address the COVID-19 crisis. Massive campaign events are being held—making a mockery of physical distancing — in blatant defiance of WHO recommendations. And now the government, in a spasm of defensive irrationality, declares the WHO persona non grata.
  • And, on May 8, the Burundian government informed the East African Community that election monitors would be required to quarantine for 14 days, effectively preventing them from entering Burundi before the May 20 vote. The election will thus be held without any international monitoring to ensure that the vote is free and fair.

Pierre Nkurunziza, granted the title of “Supreme Guide of Patriotism,” heads an authoritarian regime. Nkurunziza, who is not standing for re-election, has chosen as his successor a man who is complicit in the alleged crimes against humanity now being investigated by the UN’s COI and the International Criminal Court. His name is Evariste Ndayishimiye, a retired army general who has served as minister of the interior and security. “Do not be afraid,” General Ndayishimiye said of COVID-19 during the campaign. “God loves Burundi, and if there are people who have tested positive, it is so that God may manifest his power in Burundi.”

New reports from Human Rights Watch and Amnesty International amply testify that the crisis in Burundi has been worsening as the election nears. Government forces are launching attacks against real and perceived regime opponents. The few remaining independent media outlets are being threatened and harassed. Human rights defenders have either fled the country or been intimidated into silence…………..

[see: https://humanrightsdefenders.blog/tag/burundi/]

 

https://www.indepthnews.net/index.php/the-world/africa/3544-burundi-threatens-to-deal-a-severe-blow-to-un-reputation

 

Brian Dooley to advice Mary Lawlor

May 13, 2020
Further to the announcement of Mary Lawlor as Special Rapporteur on HRDs [see: https://humanrightsdefenders.blog/2020/05/07/mary-lawlor-takes-up-post-as-un-special-rapporteur-for-human-rights-defenders/]. Human Rights First on 12 May 2020 proudly announced that Brian Dooley, its senior advisor on human rights movements and the risk of persecution and reprisal they face, will also serve as an advisor to Mary Lawlor. Dooley will advise the special rapporteur on a range of issues facing human rights defenders while continuing his work at Human Rights First.

We are incredibly proud Brian was chosen for such a distinguished and important role,” said Mike Breen, president and CEO of Human Rights First. “Brian has been critical to the success of numerous campaigns to support human rights defenders in Bahrain, Egypt and Hong Kong over the last ten years. He will be an asset to the UN Special Rapporteur’s team and his work will undoubtedly increase the visibility of the threats that human rights defenders face, and hopefully, lead to better protections for those doing the vital work of advancing human rights.”  For some of my older posts referring to Brian Dooley: https://humanrightsdefenders.blog/tag/brian-dooley/.

See also: https://en.wikipedia.org/wiki/Brian_J._Dooley