On 12 April Dan Harrison, in the Australian newspaper ‘Daily Life”, recalls how the famous Toonen case – decided 20 years ago – had a tremendous impact: “The fax arrived from Geneva on a Saturday almost exactly 20 years ago. The message on United Nations letterhead that landed on the fax machine at the Tasmanian Gay and Lesbian Rights Groups office in Hobart’s Battery Point would change the lives of millions. It carried the UN Human Rights Committees finding that Tasmanian laws, which made consenting sex between adult men in private a criminal offence punishable by up to 21 years jail, were in violation of Australia’s international obligations.” Read the rest of this entry »
Archive for the 'UN' Category
20 years ago: the Toonen watershed case from Tasmania
April 13, 2014India and South Africa forsaking their human rights credentials
April 12, 2014Mandeep Tiwana posted on 10 April in the Mail & Guardian a piece that – sadly – needed to be written. On how South Africa and India increasingly find themselves siding with Russia, China in votes concerning human rights in the UN Human Rights Council. Mandeep recalls that “Mandela was acutely aware of the role that international solidarity played in supporting anti-apartheid activists as they mobilised on the streets. As president, he made a compelling speech at the Southern African Development Community’s periodic conference in 1997 in Blantyre, Malawi. He urged that national sovereignty and non-interference in the affairs of other countries could not blunt the common concern for democracy, human rights and good governance in the regional grouping. Mandela called upon his fellow leaders to recognise the right of citizens to “participate unhindered in political activities”. Under title : “India, SA risk forsaking their proud histories on human rights” the piece makes good reading for your weekend: Read the rest of this entry »
Here we go again: appointment UN special rapporteurs postponed
March 31, 2014Contrary to what I hoped in my post of last week, there are still problems with the appointment of the slate of special rapporteurs of the UN Human Rights Council. The session that just finished SHOULD have seen the appointment of 19 special procedure mandate holders, including the Special Rapporteur on human rights defenders. The appointments were, however, postponed until April at the request of Peru. It seems that Peru argued that the President had not justified the few instances in which he had chosen to select another candidate than the one recommended by the consultative group based on the interviews they had carried out; and that the final group of selected candidates did not adhere to requirements of gender or regional balance. Peru was specifically unhappy at a lower representation of experts from Latin America amongst the special procedures. So, we wait a bit longer!
Victims become human rights defenders against Female Genital Mutilation
March 29, 2014On 7 March 2014 UNHCR published a series of 6 videos on female genital mutilation (FGM), Too Much Pain, with stories of refugee women who have undergone FGM and have become human rights defenders engaged to end this practice. These women explain their experiences of flight, asylum and integration in the EU. These video clips deserve much wider recognition.
In Part 1, refugee women talk about why they had to flee because of their commitment to end the practice. The other videos explain that FGM is recognized internationally as a violation of the human rights of girls and women. The practice also violates a person’s rights to health and physical integrity; the right to be free from torture and other rights. FGM is harmful not cultural; it has life-long consequences and can be a ground for asylum. (See all videos: https://www.youtube.com/playlist?list=PLtPw-Y91GlmWvO9wxMUW-Ey3eMY2vwWYZ )
This video complements the UNHCR publication Too Much Pain: Female Genital Mutilation & Asylum in the European Union – A Statistical Overview, and updated in March 2014 (see here: http://goo.gl/lDnCRJ).
UN Human Rights Council Adopts New Resolution on Human Rights Defenders
March 29, 2014This week, the UN Human Rights Council adopted its annual resolution on human rights defenders. The resolution, led by Norway and Ireland, was co-sponsored by 74 nation-states and adopted by consensus. The new emphasis – in line with the latest report by the departing Rapporteur, Margaret Sekaggya – is on the importance of domestic law and administrative provisions which protect human rights defenders from criminalization, stigmatization, impediments, and obstructions contrary to international human rights law. The misuse of national security and counterterrorism legislation to crackdown on human rights defenders is also explicitly warned against. The resolution explicitly refers to the impact of how a country’s laws can be used by a government to further or impede the work of human rights defenders within the country.
for the full text see: http://www.ishr.ch/sites/default/files/article/files/140328-res-council-25-hrds-l24-as-adopted.pdf
New UN Special Rapporteur on Human Rights Defenders indeed Michel Forst
March 28, 2014While two weeks ago I was a bit too quick in announcing Michel Forst‘s appointment as the new UN Special Rapporteur on Human Rights Defenders [https://thoolen.wordpress.com/2014/03/13/margaret-sekaggya-succeeded-as-hrd-rapporteur-by-michel-forst-reassuring/], a letter from the Chair of the Human Rights Council of 27 March 2014 fortunately confirms that he is the sole candidate and most likely to be endorsed by this session of the Council.
Ban Ki-Moon calls civil society “an indispensable part of the United Nations”
March 27, 2014“Civil society actors must be able to do their work freely, independently, safe from fear, retaliation or intimidation. This requires collective action to denounce reprisals and defend free voices and protect those targeted,” said the UN Secretary-General Ban Ki-Moon, referring to civil society as “an indispensable part of the United Nations”. “We must expand the space for civil society to meaningfully participate and contribute,” he added in a video statement screened at a discussion on the promotion and protection of civil society space, in the context of the Human Rights Council’s 25th session.
“Civil society actors around the world face risks ranging from threats and intimidation to horrible reprisals, even killings”, said UN Human Rights Deputy, Flavia Pansieri at a discussion on the promotion and protection of civil society space. “From the NGO who is prohibited from receiving funding to the whistle-blower who is imprisoned for revealing corruption… we must work to protect civil society from such practices,” she said.
Hina Jilani, Read the rest of this entry »
Louis Joinet (“Luis le Juste”) finally and rightly honored in France
March 26, 2014It is with great pleasure that I am able to announce that a great human rights defender from France, Louis Joinet, is honored with a colloque on the topic “Is sovereignty still the basis of international law?”. It coincides with the publication of his book: “Mes raisons d’Etat” [‘My reasons of state’ or better ‘How I saw the national interest].
Had he been fluent in English (he picked it up too late in life) he would have been probably one of the most famous human rights experts in the world. His nicknames range from “Louis le Juste” to “the Obstinate”. He played a major role within the French state apparatus as from the 1960s. One of the founders of the ‘Syndicat de la magistrature‘ in 1968 (sometimes called the ‘red judges’), he became the first director of the National Commission on Informatics and Freedoms [Commission nationale de l’informatique et des libertés]. He served five different Prime Ministers during the 1980s as advisor. It was during those days that I met him regularly to set up and run a number of Committees dealing with the military regimes in the Southern Cone of Latin America (e.g. SIJAU, SIJADEP). We travelled often to the region and on many occasions I saw returned refugees come up to Louis to embrace and thank him for the support he gave them in exile.
In the meantime during 33 years he was an expert in various UN bodies, travelling all over the world. Most pronounced was his leading role in the Sub-commission for Human Rights and the Protection of Minorities (now renamed and relegated to a research role for the new Council), where he spearheaded a great many and daring innovations, concerning many issue including disappearances, torture, international crimes and amnesty. His popularity with (certain) States suffered, but most NGOs considered him to be a hero.
Together with his late and much-beloved wife Germaine he had a less-known but rewarding social life that includes assisting young street criminals and a passion for circus and street theater. His musical talent is illustrated in the picture below from my private collection, where he is seen playing the accordion with Argentinian Leandro Despouy watching (August 1988).
The colloque in Louis honor is taking place on 27 Mars 2014, 18h30, at Université Panthéon-‐Assas, Centre Panthéon, Salle des Conseils, in the series of lectures under Professor Olivier de Frouville.
The book “Mes raisons d’Etat. Mémoires d’un épris de justice” is published by La Découverte: http://www.editionsladecouverte.fr/catalogue/index-Mes_raisons_d_etat-9782707178459.html
How China cut short Cao Shunli’s remembrance in the UN
March 24, 2014This is the UN footage from the dramatic session in the UN Human Rights Council of 20 March 2014 where the ISHR asked for a moment of silence to remember Cao Shunli the Chinese HRD who recently died in detention. What happened next I described in my post: https://thoolen.wordpress.com/2014/03/20/china-in-the-un-human-rights-council-manages-to-silence-cao-shunli-as-well-as-ngos/ followed by recalling the precedent setting: https://thoolen.wordpress.com/2014/03/21/who-can-speak-for-ngos-in-the-un-a-precedent-set-in-1982/
Who can speak for NGOs in the UN? A precedent set in 1982
March 21, 2014Yesterday, 20 March 2014, there was a fierce debate in the UN Council of Human Rights where the issue of the right of NGOs to speak came up, more precisely whether accredited NGOs had the right to let speakers mention other NGOs who do not have such accreditation. In this case it was China taking exemption to the FIDH letting its member NGOs (including a pro Tibetan group) take the floor in its name. For more context see my post of yesterday: https://thoolen.wordpress.com/2014/03/20/china-in-the-un-human-rights-council-manages-to-silence-cao-shunli-as-well-as-ngos/.
The Chair and Secretariat rightly spoke of a standing practice in this regards. One such precedent is 30 years old and probably lost to most observers, so I give here my own recollection of this story in the hope that someone with access to the UN files or a better memory can confirm or correct the details.
It is 1982 and the Working group on Disappearances (created in 1980 after a long struggle and with the active support from the then Director Theo van Boven)) is reporting to the Commission on Human Rights (the predecessor of the Council). The International Commission of Jurists (ICJ), of which I was the Executive Secretary at the time, has lined up to speak. Read the rest of this entry »
Hans Thoolen on Human Rights Defenders and their awards 