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.
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.
Event details
Event type
Webinar
Location
Online (Jitsi & Zoom)
Organisation
The Asian Forum for Human Rights and Development & Business & Human Rights Resource Centre
On 22 May 2020 Lisa Reinsberg 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:
On 16 May 2020 Paula Donovan and Stephen Lewis(Co-Directors of AIDS-Free World and its Code Blue Campaign) wrote that “Burundi Threatens to Deal a Severe Blow to UN Reputation”.
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…………..
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/.
UN chief Antonio Guterres appealed for “an all-out effort to end hate speech globally. (File photo)
On 8 May 2020 UN Secretary-General Antonio Guterres called for an “all-out effort” to end the “tsunami of hate and xenophobia” sparked by the novel coronavirus pandemic, without naming specific countries. “The pandemic continues to unleash a tsunami of hate and xenophobia, scapegoating and scaremongering,” Guterres said in a statement. “Anti-foreigner sentiment has surged online and in the streets. Anti-Semitic conspiracy theories have spread and COVID-19-related anti-Muslim attacks have occurred.” According to Guterres, migrants and refugees have been “vilified as a source of the virus — and then denied access to medical treatment.” Meanwhile, “contemptible memes have emerged suggesting” that older people, some of the most vulnerable to the virus, “are also the most expendable,” he said.
Additionally, “journalists, whistleblowers, health professionals, aid workers and human rights defenders are being targeted simply for doing their jobs,” Guterres said. The UN chief … singled out educational institutions to help teach “digital literacy” to young people — whom he called “captive and potentially despairing audiences.” Guterres also called on “the media, especially social media companies, to do much more to flag and… remove racist, misogynist and other harmful content.”
Ms. Claudia MAHLER (Austria) is the new Independent Expert on the enjoyment of all human rights by older persons. This mandate gained in importance with the Corona virus pandemic.
Mr. Balakrishnan RAJAGOPAL (United States of America) is the new Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context.
Mr. Tomoya OBOKATA (Japan) is the new Special Rapporteur on contemporary forms of slavery, including its causes and its consequences.
Mr. Olivier DE SCHUTTER (Belgium) is the new Special Rapporteur on extreme poverty and human rights.
Ms. Alena DOUHAN (Belarus) is the new Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights.
Mr. Michael FAKHRI (Lebanon) is the new Special Rapporteur on the right to food
Mr. José Francisco CALÍ TZAY (Guatemala) is the new Special Rapporteur on the rights of indigenous peoples.
Ms. Mama Fatima SINGHATEH (Gambia) is the new Special Rapporteur on the sale and sexual exploitation of children.
Ms. Mary LAWLOR (Ireland) is the new Special Rapporteur on the situation of human rights defenders.
Mr. Thomas H. ANDREWS (United States of America) is the new Special Rapporteur on the situation of human rights in Myanmar.
Ms. Isha DYFAN (Sierra Leone) is the new Independent Expert on the situation of human rights in Somalia.
Mary Lawlor takes up her post as UN special rapporteur for human rights defenders, reportes the Irish Legal on 6 May 2020 [see also: https://humanrightsdefenders.blog/2020/03/16/good-breaking-news-mary-lawlor-the-new-un-special-rapporteur-for-human-rights-defenders/]. In spite of all the (sometimes understandable) criticism of the UN and its procedures, I would like to put on record that in my view the UN has made excellent appointments when it comes the big majority of special rapporteurs and espescially with regard to this mandate for human rights defenders which originated in 2000.
Mary Lawlor
Ms Lawlor has decades of experience in human rights, having helped to grow Irish-based NGOs as a previous director of Amnesty International in Ireland and a founder of Front Line Defenders (FLD). She led FLD from 2001 until her retirement in 2016, overseeing its growth to become a global organisation providing resources for the protection and security of human rights defenders (HRDs) at risk. Ms Lawlor helped spearhead civil society efforts to bring the EU Guidelines on Human Rights Defenders into effect and became a recognised leader in focusing on attention on the unique protection needs of HRDs. Congratulating Ms Lawlor on her appointment, Tánaiste and Foreign Affairs Minister Simon Coveney said: “Mary has been a tireless advocate for human rights for over 40 years both in Ireland and overseas. “This appointment is deserving recognition of her work and that of the organisation she founded – Front Line Defenders – supporting human rights defenders at risk around the world.
UNDP Bangladesh/Fahad Kaizer – In Bangladesh, the UN Development Programme and partners have rolled out emergency support to vulnerable communities.
New guidance issued on 30 April 2020 sets out key actions, to counter what the UN High Commissioner for Human Rights has called the “double risk” faced by persons with disabilities in the COVID-19 pandemic. As Michelle Bachelet explained, not only are people with disabilities at higher risk because of the crisis, they also are disproportionately affected by response measures such as lockdowns. “People with disabilities are in danger in their own homes, where access to day-to-day support and services may be limited due to lockdowns, and some may suffer greatly from being isolated or confined”, she said. “Persons with disabilities face even greater threats in institutions, as care facilities have recorded high fatality rates from COVID-19 and horrific reports have emerged of neglect during the pandemic.”
The UN rights chief added that making information about the virus available in accessible formats is vital. She also expressed concern over discrimination and stigma at this unprecedented time. “I have been deeply disturbed by reports that the lives of persons with disabilities may somehow be given different weight than others during this pandemic”, she said. “Medical decisions need to be based on individualized clinical assessments and medical need, and not on age or other characteristics such as disability.”
The guidance note published by the UN human rights office outlines steps governments and stakeholders can take during the pandemic. They range from discharging persons with disabilities from institutions, to increasing existing disability benefits, and removing barriers to COVID-19 treatment. Prioritizing testing and promoting preventive measures within institutions to reduce infection risk are other recommendations. Additionally, the guidance spotlights promising practices already in place in some countries. For example, in Switzerland and Spain, some persons with disabilities living in institutions were moved out to be at home with their families, while authorities in Canada have issued priority COVID-19 testing guidelines with specific measures for these settings.
UN High Commissioner for Human Rights, Michelle Bachelet, condemned the abuse of emergency powers to commit human rights violations in the name of preventing the spread of COVID-19. “[Emergency powers] need to be necessary, proportionate, and non-discriminatory,” says the statement. “They also need to be limited in duration and key safeguards against excesses must be put in place.”
During the ongoing pandemic, the exercise of emergency powers has been used as an excuse for unlawful detention, restriction of movement and suppression of press freedoms, according to Bachelet. The International Press Institute (IPI), a press freedoms watchdog, reports that many nations have silenced journalists under the pretext of stifling “fake news.” The IPI maintains a list of international media freedom violations occurring as a result of emergency powers abuses.
In Cambodia the application of emergency powers in response to the COVID-19 pandemic have resulted in the unlawful detention of those who disobey the emergency measures for up to 10 years in a move Amnesty International called “a naked power grab which seeks to manipulate the COVID-19 crisis in order to severely undercut human rights.” Further human rights abuses are reported from El Salvador, where grocery shoppers were unlawfully detained when President Nayib Bukele defied a Supreme Court order in their defense. In Central Asia, Amnesty International reports massive expansion of police powers through emergency powers granted during the pandemic.
“Given the exceptional nature of the crisis, it is clear States need additional powers to cope,” Bachelet’s statement concluded. “However, if the rule of law is not upheld, then the public health emergency risks becoming a human rights disaster, with negative effects that will long outlast the pandemic itself.”
police beats a man with his stick during a government-imposed lockdown in Siliguri, India. Photographer: Diptendu Dutta/AFP via Getty Images
Dated 27 February 2020, the UN has released the letter after 2 months. Qayoom was moved to Agra Central Jail, Uttar Pradesh, on 8 August and was kept in solitary confinement, as per the letter, adding that he is suffering from multiple health issues — including a scheduled open heart surgery at the time of his detention. On 29 January, the letter states, Qayoom suffered a heart attack. Next day, he was taken back to the jail’s dispensary. On 1 February 2020, he was transferred from Agra Central Jail to the All India Institute of Medical Science (AIIMS) in New Delhi, for a medical check-up. “He was then transferred to Tihar Jail, New Delhi,” the letter added.
The Special Rapporteurs also claimed in the letter that Qayoom is being denied “the right to a fair trial… and the right of everyone to hold opinions and to freedom of expression.”
“We also express concern that Mr. Qayoom’s deprivation of liberty appears to be a reprisal for his opinions, the legitimate and peaceful exercise of his freedom to express them and his human rights work,” the letter added, citing various previous cases and relevant articles of ICCPR that entitles anyone who is deprived of liberty by arrest or detention to take proceedings before a court. “Arrest or detention as punishment for the legitimate exercise of other rights, as guaranteed by the ICCPR, is arbitrary, including the right to freedom of opinion and expression,” it mentioned.
The Special Rapporteurs stated:
“Please provide detailed information about the factual and legal grounds for the arrest and detention of Mr. Qayoom, including the charges brought against him. Please explain how his arrest and continued detention are in conformity with India’s international human rights obligations under the conventions it has acceded to.
Please provide detailed information on the treatment by the court of the habeas corpus petition initiated by Mr. Qayoom. Please explain how the absence of a decision on his petition more than six months after it was made is compatible with the requirement that the lawfulness of his detention’s petitioner is adjudicated as expeditiously as possible, and with India’s obligations under ICCPR.
Please provide detailed information on the present medical situation of Mr. Qayoom and explain how his medical concerns have been duly taken into account and addressed since he was arrested and placed in detention. Please explain what measures are being taken to ensure Mr. Qayoom’s access to appropriate medical care on a reliable and regular basis.
Please indicate what measures have been taken to ensure that human rights defenders in India are able to carry out their legitimate work in a safe and enabling environment without fear of threats or acts of intimidation and harassment of any sort.
Please provide detailed information, included disaggregated data to the extent possible, as to the number of persons from Jammu and Kashmir who have been detained under the Public Security Act since August 2019.”
