“States that commit or tolerate reprisals against #HRDs for cooperation with #UN should loose their voting rights says@thoolen“ is what Michael Ineichen twitted about my intervention in a meeting in Geneva organized by the ISHR. on 11 March. And that is basically correct. However, a bit more explanation of my rather ‘extremist position’ may be in order:
The topic of reprisals against persons who cooperate (as witnesses) with the UN and its various office holders has been raised by many, including this blog. [see: https://thoolen.wordpress.com/2013/09/20/protecting-human-rights-defenders-from-reprisals-crucial-issue-with-timely-article-and-side-event-on-24-september/ and https://thoolen.wordpress.com/2013/10/14/conclusions-of-side-event-on-reprisals-against-human-rights-defenders/.] When at the very well-attended side event organized by the International Service for Human Rights in the margin of the UN Council of Human Rights, the issue of reprisals came up again, I said that the international community is perhaps a bit too timid in its reaction to the increase in reprisals against Human Rights Defenders who testify to or cooperate with the United Nations. I stated that ‘messing with witnesses’ is considered by judges in almost all legal systems as an extremely grave thing. Or taking another analogy from legal thinking: a crime is considered a ‘qualified crime’ or ‘aggravated crime’ (and punished more severely) when certain circumstances are present, including when there is a dependency link between the victim and the perpetrator (think of murder or rape by the a custodian, a teacher or a doctor).
The resolution establishing the new Human Rights Council – replacing the previous Commission – states that “members elected to the Council shall uphold the highest standards in the promotion and protection of human rights.” And one of the novelties touted was that the General Assembly, via a two-thirds majority, can suspend the rights and privileges of any Council member that it decides has persistently committed gross and systematic violations of human rights during its term of membership.
The chilling effect that reprisals can have – especially when met with impunity – is potentially extremely damaging for the whole UN system of human rights procedures and will undo the slow but steady process of the last decades. Taken together with the above-mentioned seriousness of the aggravating character of reprisals, a powerful coalition of international and regional NGOs could well start public hearings with the purpose of demanding that States that commit reprisal be suspended.
If States can lose their right to vote in the General Assembly if they do not pay their fees for several years, there is in fact nothing shocking in demanding that States, who persecute and intimidate human rights defenders BECAUSE they cooperate with the United Nations, are not allowed to take part in the proceedings of the UN human rights body.
On 6 March 2014 a group of six United Nations experts has asked the Venezuelan Government for prompt clarification of allegations of arbitrary detention and excessive use of force and violence against protesters, journalists and media workers during recent protests. “The recent violence amid protests in Venezuela need to be urgently and thoroughly investigated, and perpetrators must be held accountable,” the experts stressed in a news release. They also expressed their shock at the reported deaths of at least 17 persons during the demonstrations. “We are deeply disturbed by the allegations of multiple cases of arbitrary detention of protesters. Some were reportedly beaten – and in some cases severely tortured – by security forces, taken to military facilities, kept in incommunicado detention, and denied access to legal assistance,” they said….“The reconciliatory dialogue that is so deeply needed in Venezuela is not going to take place if political leaders, students, media groups and journalists are harassed and intimidated by the authorities,” they stated.
The experts speaking out on Venezuela are Frank La Rue, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; Maina Kiai, Special Rapporteur on the rights to freedom of peaceful assembly and of association; Mads Andenas, Chair-Rapporteur of the Working Group on arbitrary detention; Juan Méndez, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment; Christof Heyns, Special Rapporteur on extrajudicial, summary or arbitrary executions; and Margaret Sekaggya, Special Rapporteur on the situation of human rights defenders.
PS: It is ironic that at the same time the Government of Venezuela has invited the UN Committee on the Exercise of the Inalienable Rights of the Palestinian People to hold a special meeting at the historic Yellow House in Caracas on 17-18 April 2013.
In a post earlier in the day I mentioned that I would restrict myself to announcing Side Events to the UN Human Rights Council in Geneva that are specially focused on Human Rights Defenders, but that seems not be much of a restriction with two more interesting events scheduled for next week:
1. “Human Rights Defenders and the Shrinking Space for Civil Society” on Monday 10 March 2014 from 14 to 15h00 in Room XX Palais des Nations. Speakers:
Navi Pillay UN High Commissioner for Human Rights
Halah Eldoseri – Saudi Arabia [researcher on women’s health services; blogs (Saudi women’s rights) to educate women about the country’s international obligations towards women; writes and organises lectures and workshops in Saudi Arabia for activists and the public]
Maksym Butkevych – Ukraine [radio and TV journalist working with “Hromadske Radio” (“Public Radio”) in Kiev; Co-Founder of “No Borders” project of the NGO “Social Action Centre”, which works on anti-discrimination issues; organised an independent radio station to directly cover the events in Ukraine; Co-Ordinator of the Independent Civic human rights violations Investigation Commission]
Mary Lawlor Director of Front Line Defenders [Chair]
Co sponsors: Troicare, International Commission of Jurists, Permanent Mission of Ireland.
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2. “Global Trends for Human Rights Defenders” on Wednesday 12 March from 09h30 -12h00 in the office of International Service for Human Rights (ISHR), Rue de Varembé 1. This Roundtable brings together human rights defenders, practitioners, academic scholars, intergovernmental officials, government representatives, and donors to discuss innovation and the way forward to improve understanding and protection of HRDs, specially to foster an enabling environments for human rights defenders. This discussion will draw upon:
Recommendations made in the report of the UN Special Rapporteur on the Situation of Human Rights Defenders to the Human Rights Council on 10 March 2014,
With the start of the Human Rights Council in Geneva, there is also a plethora of side events scheduled. I will focus only on those that have Human Rights Defenders as a central theme (e.g. https://thoolen.wordpress.com/2014/02/14/important-human-rights-council-side-event-on-11-march-to-be-followed-on-internet/). Another one that promises to be interesting is organised by the Permanent Missions of the Netherlands and Argentina on 14 March 2014 from 13h00 – 15h:00 in Room XXI of the Palais des Nations. The main ingredient is the screening of a documentary: “Theo van Boven: a tribute”.
[Theo van Boven was Director of Human Rights in the UN in the early 80’s and was instrumental in creating what are now called the special procedures. How he was “hired and fired” by the UN in 1982 for the same reason – his deep concern for the right of people – is described in my collection of speeches by Theo van Boven: People Matter: Views on International Human Rights Policy (Meulenhoff: Amsterdam 1982)]
The film is introduced by Kees Flinterman (member of the Human Rights Committee) and Ms Flavia Pansieri, Deputy High Commissioner for Human Rights. The screening is followed by a panel discussion with:
Roderick van Schreven, Ambassador of the Kingdom of the Netherlands (moderator)
Alberto Pedro D’Alotto, Ambassador of the Argentine Republic
Tom McCarthy, former senior officer of the UN Centre for Human Rights/OHCHR
Bertrand Ramcharan, former acting High Commissioner for Human Rights
Adrien-Claude Zoller, founder of human rights NGOs
Finally Theo himself will give some closing remarks.
For those who want to know more about his academic work there is an anthology that brings together a selection of his writings from 1966 to 1998: http://www.brill.com/human-rights-exclusion-inclusion-principles-and-practice. And to show how he continues to contribute in practical terms see his explanation of why the Theo van Boven fund has been established and what the goals are, on You Tube:
(High Commissioner for Human Rights Navi Pillay at the 25th session of the Human Rights Council. UN Photo/Jean-Marc Ferré)
Yesterday, 3 March 2014, the top UN functionaries opened the 25th session of the UN Human Rights Council with calls for the protection of members of civil society who pursue justice in their countries (a long euphemism for Human Rights Defenders).
“Streets, airwaves, entire countries are buzzing with demands for economic, social and political justice,” UN High Commissioner for Human Rights Navi Pillay said. Setting out this agenda and acknowledging the hard work that lay ahead in ensuring that all people enjoyed equal rights, Ms. Pillay emphasized the important role of civil society in those efforts. “We need to work together to ensure that the space, voice and knowledge of civil society is nurtured in all our countries,” she stressed. Recalling reports of what she labelled “intolerable” reprisals against people who coöperate with the UN’s human rights activities, she called for more action to protect them. “The UN itself is required to protect and support those who contribute to its work, often at great personal risk,” she said.
Secretary-GeneralBan Ki-moon added on this point that, “No one should have to risk their life for standing up and speaking out on violations of human rights and international humanitarian law.” Civil society was the representative of “We the Peoples,” as cited in the opening of the UN Charter, and that it must be able to carry out its vital work, “free of reprisals and intimidation.” In that context, the Secretary-General highlighted the “Rights Up Front” action plan that he launched last year to ensure that human rights considerations were the top priority in all UN activities. “This initiative seeks to ensure that the United Nations system leverages the full breadth of its mandates to protect people at risk,” he said. [https://thoolen.wordpress.com/2013/12/26/rights-up-front-presented-by-jan-eliason-it-is-irrefutable-that-serious-human-rights-violations-are-the-best-early-warning-of-atrocities/]
Interesting to note that while in Geneva, the Secretary-General met 4 NGOs: the International Service for Human Rights, Amnesty International, Human Rights Watch and the International Commission of Jurists. Their discussion certainly stressed human rights defenders and the importance of protecting them from attacks.
(human rights defenders in the photo were not allowed to see Cao – Sound of Hope)
Critically ill human rights defender Cao Shunli, who was prevented from attending a United Nations human rights review of China last fall, was taken to intensive care on 16 February 2014 after being denied medical treatment for months while in detention. “Cao Shunli is unconscious and on a ventilator,” her lawyer Wang Yu explained to Radio Free Asia. “She can’t talk and her condition is extremely serious… We think her life is in danger, but the hospital won’t give us any details; they just mumble something when we ask them,” he continued. A nurse blocked the entrance to the intensive care unit and told rights defender Wang Ling that Cao was “deeply unconscious” and would not recognize him, according to Human Rights in China (HRIC). Though Cao was initially taken to Beijing’s Qinghe Emergency Center, she was then transferred to an Army hospital, though her family requested that she be taken to an acute care hospital. Police at the hospital prevented activists from entering the hospital, and about 20 of them were taken to police substations for questioning, Wang Ling told HRIC.
[Cao and fellow rights defender Chen Jianfang were detained on 13 September, 2013 at Beijing’s International airport as they were leaving to fly to Geneva to take part in activities associated with the United Nations Human Rights Council UPR review of China’s human rights record. On the eve of the review, 21 October, she was formally arrested and charged with “creating a disturbance,” and has been detained since then. See earlier posts:
This video with testimony by Yolanda Oquelí, human rights defender from Guatemala, was posted last year by AI Canada and recently re-issued in French by AI France.
Since March 2013, activists and members of the local community have held an ongoing protest against the mine development by Radius Gold, a company based in Vancouver, Canada, and its wholly owned Guatemalan subsidiary, Exploración Mineras de Guatemala (EXMIGUA). Some community members claim that they were not consulted about the opening of the mine and fear it will pollute their water supply and damage land in San José del Golfo and San Pedro Ayampuc municipalities. On the evening of 13 June events took a sinister turn. Outspoken anti-mining activist Yolanda Oquelí was driving home from taking part in this ongoing protest when two gunmen on a motorbike cut across in front of her car and fired four shots. Yolanda was hit and a bullet lodged close to her liver. She recovered, continues to be subject to threats.
In February 2011, protesters in north-western Guatemala’s San Marcos region were attacked after speaking out against the local Marlin Mine, owned by Canadian company Goldcorp Inc. Community activist Aniceto López, was taken to the local mayor’s office, where officials allegedly beat him and threatened to kill him if he failed to stop speaking out against the mine.
[In July 2010, another grassroots activist in San Marcos, Deodora Hernández, was shot at close range in her own home by two unknown men. She had spoken out to defend her community’s right to water amidst fears that mining had polluted the local water supply]
When James Anaya, the UN Special Rapporteur on Indigenous Peoples visited Guatemala in June 2010, he received allegations that the Guatemalan government had repeatedly granted licences for the exploration of natural resources in indigenous territories without consulting with local indigenous peoples – or receiving their free, prior and informed consent.
As I had only just started my blog “Thoolen on Human Rights Defenders” in 2010, I must have missed a number of interesting things, such as this video uploaded to You Tube by the UN on 1 December 2010. Against the background music of Stand Up for Your Rights by Bob Marley, this video give the floor to some ‘ordinary human rights defenders’ from various parts of the world. Human Rights Day of 10 December 2010 was dedicated to human rights defenders who battle against discrimination. For the record.
There was considerable attention in the media for the new United Nation report that has found that crimes against humanity are occurring in North Korea and calls for an international tribunal to investigate and hold perpetrators to account, but you may have missed the 14-minute video produced by Human Rights Watch on 17 February 2014. The report, by a UN Commission of Inquiry appointed by the UN Human Rights Council in March 2013, recommends that the UN Security Council refer the situation in North Korea to the International Criminal Court (ICC) and that the UN High Commissioner for Human Rights carry out investigations. The three person commission, which was chaired by Australian jurist Michael Kirby, will formally present its findings to the Human Rights Council on or around March 17, 2014. The council will then consider a resolution to act on the commission’s recommendations.
A good example of the interaction of the work of international [human rights] organisations and local media is this piece from El Universal in Venezuela under the title: “Front Line Defenders reject intimidation of human right advocates”. It mentions:
Front Line Defenders called for prompt and unbiased investigation into the arbitrary detention and assault of human rights activist Inti Rodríguez and defamation of Humberto Prado, a representative of non-governmental organization Venezuelan Prison Watch .
The UN requests inquiry into involvement of armed gangs in violent events.
The European Union calls for peaceful dialogue in Venezuela
USA asks Maduro’s government to respect freedom of expression.
Hans Thoolen on Human Rights Defenders and their awards 