On 30 January 2025 Mary Lawlor, UN Special Rapporteur on the situation of human rights defenders, said that Algeria continues to restrict and harass human rights defenders for their peaceful activities, an independent human rights expert said today.
“More than a year after I visited Algeria – at the end of 2023 – I am deeply disappointed to see that human rights defenders in different fields of work, some of whom I met, are still being arbitrarily arrested, judicially harassed, intimidated and criminalised for their peaceful activities under vaguely worded provisions, such as ‘harming the security of the State’,” said Mary Lawlor. [https://humanrightsdefenders.blog/2023/12/07/mary-lawlor-returns-from-algeria-visit/]
“The case of Mr. Merzoug Touati, an independent journalist and human rights defender who has been subjected for years to trials on spurious charges, is among the most alarming cases I have recently examined,” Lawlor said.
“Since 2024, he has been detained three times. During his latest arrest, in August 2024, his family was reportedly subjected to ill-treatment. He was then allegedly physically and psychologically tortured while in police custody for five days. He continues to be judicially harassed even after his release,” the expert said.
“No less concerning is the arrest of three human rights lawyers and a young whistleblower between February and July 2024,” Lawlor said, highlighting the cases of Toufik Belala, Soufiane Ouali and Omar Boussag.
Belala was summoned for interrogation three times since April 2024 and finally accused of publishing false information that may threaten the security of the State, before being freed under judicial control.
The human rights lawyer Soufiane Ouali was taken from his home during a violent dawn raid by police in July 2024, and placed in custody along with 14 others, including the young whistleblower Yuba Manguellet. They were charged under Article 87bis of the Penal Code, a vaguely worded counter-terrorism provision that is often misused to crackdown on freedom of expression, association and peaceful assembly.
Other restrictive articles of the Penal Code have been used to accuse human rights lawyer Omar Boussag of ‘incitement of an unarmed gathering’ and ‘contempt of an official body’ following the publication of his posts on Facebook.
“These are not the only cases,” Lawlor said. “The environmental rights defender Karim Khima has been pursued for years in court for organising protests against a housing development on land with historical remains and for the protection of the ecosystem around Lake Mezaia, which is threatened by the planned construction of an amusement park. Fortunately, he was finally acquitted.”
Lawlor also drew attention to the case of the ‘Collectif des Familles de Disparus,’ an organisation set up during the Algerian Civil War in the 1990s to seek answers to the forcible disappearance of persons. This year, the organisation has repeatedly been prevented from holding events by huge contingents of police forces surrounding its office in Algiers. Its female lawyer and members, many of whom are mothers of disappeared persons, have been manhandled and forced to leave the location on these occasions.
“I want to repeat that I met nearly all of these human rights defenders,” the Special Rapporteur said. “Not one of them was in any way pursuing violent acts. They all must be treated in accordance with international human rights law, which Algeria is bound to respect.”
She said that during her visit to Algeria, she also met with many public officials in an atmosphere of constructive exchange. “I am therefore doubly disappointed to see that restrictions against human rights defenders are continuing,” Lawlor said.
The UN Human Rights Council will hold its 56th regular session at Palais des Nations in Geneva from 18 June and 12 July 2024. And as always the excellent Alert of the International Service for Human Rights permits me to hightlight what concerns HRDs most. To stay up-to-date you can follow @ISHRglobal and #HRC56 on X, and look out for the Human Rights Council Monitor.
Civil Society Access and Participation The UN is facing a severe liquidity crisis due to member states not paying their membership dues in full and on time. This shortfall is impacting victims and survivors of human rights violations. The crisis risks being used to impose restrictions on civil society participation, although online and hybrid modalities offer cost-effective and environmentally friendly solutions. Over 100 human rights organisations have called on all states to promptly pay their dues to address the liquidity crisis. Additionally, this session States have the opportunity to continue to build on the good practices adopted in the past years and allow for a broader, more inclusive, effective and climate-friendly human rights system, including by providing remote access to informal consultations on HRC resolutions that can greatly benefit from the analysis and lived experiences of human rights defenders.
Thematic issuesIssues on the agenda At this 56th session, the Council will discuss a range of civil, political, economic, social and cultural rights through dedicated debates with the mandate holders and the High Commissioner, including with the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur on the right to freedom of expression, the Special Rapporteur on the rights to freedom of peaceful assembly and of association, the Special Rapporteur on promotion and protection of human rights in the context of climate change, the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance In addition, the Council will hold dedicated debates on the rights of specific groups including with: The Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, the Special Rapporteur on the rights of Internally Displaced Persons, the Special Rapporteur on violence against women and girls, the Special Rapporteur on independence of judges and lawyers
The Council will also hold debates on interrelation of human rights and thematic issues including with: The High Commissioner on new and emerging technologies.
The new incoming Independent Expert on violence and discrimination on the basis of sexual orientation and gender identity, Graeme Reid, will present his first report focusing on freedom of expression, assembly and association.
Environment and Climate Justice The Special Rapporteur on Internally Displaced Persons will present her report on planned relocations of people in the context of the adverse effects of climate change and disasters. This report is building up on previous reports by other mandates and will also look at laws and policies at the national, regional, and international levels. The newly appointed Special Rapporteur on Climate Change will also present her first report looking at the upcoming priorities and some reflections of the progress achieved on some issues in the last 5 years. The report will also provide a snapshot of some other key topics and the impacts on some particular groups. The Special Rapporteur will also present two country visits reports: Honduras and the Philippines. There is currently a call for inputs for her upcoming General Assembly report on access to information on climate change and human rights. The Working Group on Business and Human Rights will present its report on investors, Environmental, Social, and Governance (ESG) approaches and human rights. The report will raise awareness of the responsibilities of investors and will clarify responsibilities on how to align their ESG approaches to human rights. On Thursday 20 June, the President of the Human Rights Council is organising a high-level informal Presidential discussion on ‘The important link between climate change, food security and health security’. The discussion should address the important role of environmental human right defenders in promoting and securing the full realisation of the right to a clean, healthy and sustainable environment; and recognition of the obligation of States to prevent, protect and promote their work in an enabling environment.
International SolidarityCivil society and international experts have continued to raise grave concern at the attacks on fundamental freedoms when advocating for the human rights of Palestinians by authorities in Western countries, including in universities. The High Commissioner deplored the ‘sharp rise in hatred globally – including anti-Semitism and Islamophobia’. In her report to the Council, the Independent Expert on International Solidarity called on States to ‘eliminate the criminalization of international solidarity expressions and symbols and calls for accountability for violations of public international law norms, such as calls for peace, self-determination or decolonization and the ending of apartheid or genocide […] stressing that States ‘should not conflate them with ‘manifest support of terrorism’ or antisemitism in relevant legislation or regulations’. The Special Rapporteur on racism also raised concern at ‘accusations of antisemitism on the basis of legitimate criticism of treatment of Palestinians by Israel’ in her report following her visit to the United States.
The Special Rapporteur on Education, following her visit to the United States, stressed that the International Holocaust Remembrance Alliance (IHRA) definition conflating criticism of Israel with antisemitism is being used to crackdown against pro-Palestinian protesters, including individuals who ‘self-identify as belonging to the Jewish community or represent Jewish student associations’. The Rapporteur addressed violations against students following the organisation of ‘mass encampments at nearly 40 universities in more than 25 states across the country’, including the detention of more than 2000 individuals, raids by fully armed police on university campuses requested by educational institutions to ‘disperse demonstrators and dismantle encampments’. During the session, and especially in the ID with the experts on International Solidarity, Education, Freedom of Expression, Freedom of Assembly and Association, we urge States to call for an end to the repression and criminalisation of groups and individuals advocating for the human rights of the Palestinian people, including through the instrumentalization of anti-Semitism (IHRA definition) and anti-terrorism policies, including in universities, and especially in the West (including in Austria, France, Germany, Italy, United States, United Kingdom).
Reprisals HRC56 is 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. This month ISHR launched a new campaign regarding cases. ISHR urges States to raise these cases in their statements:
Cao Shunli was a prominent Chinese human rights defender, who sought to share information on the human rights situation in China with the United Nations in Geneva. Cao was arbitrarily detained and died in prison 10 years ago. [for more saee: https://humanrightsdefenders.blog/tag/cao-shunli/]
Khurram Parvez and Irfan Mehraj are two Kashmiri human rights defenders. They have conducted ground-breaking and extensive human rights documentation in the Indian-administered Jammu and Kashmir, including through their work within the Jammu Kashmir Coalition of Civil Society (JKCCS). In 2016, Indian authorities arrested Khurram a day after he was barred from traveling to Geneva to attend the 33rd session of the Human Rights Council. See also: https://www.trueheroesfilms.org/thedigest/laureates/81468931-79AA-24FF-58F7-10351638AFE3 and https://humanrightsdefenders.blog/tag/khurram-parvez/. Meanwhile, on 20 March 2023, Irfan was summoned for questioning and arbitrarily detained by the NIA in Srinagar also under provisions of the UAPA and other laws. The NIA targeted Irfan for being ‘a close associate of Khurram Parvez.’ Both Khurram and Irfan are presently in pre-trial detention in the maximum-security Rohini prison in New Delhi, India.
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: Interactive Dialogues with the High Commissioner and the Special Rapporteur on Myanmar Enhanced Interactive Dialogue with the Special Rapporteur on Afghanistan Interactive Dialogue with the Independent international fact-finding mission for the Sudan Interactive Dialogue with the Commission of Inquiry on the Occupied Palestinian Territory and Israel Interactive Dialogue with the Special Rapporteur on Eritrea Interactive Dialogue with the Special Rapporteur on Belarus Interactive Dialogue with the Commission of Inquiry on Syria Interactive Dialogue with the Special Rapporteur on Burundi Interactive Dialogue with the High Commissioner on Venezuela Interactive Dialogue with the High Commissioner on Libya Interactive Dialogue with the Independent Expert on Central African Republic Interactive Dialogue with the High Commissioner on Ukraine and interim report of SG on Crimea Interactive Dialogue with the High Commissioner on Colombia
Afghanistan On 18 June, Richard Bennett, Special Rapporteur on Afghanistan will present his most recent report on the ‘phenomenon of an institutionalized system of discrimination, segregation, disrespect for human dignity and exclusion of women and girls’ (HRC res. 54/1). The report provides a multidimensional understanding of the design, commission and impact of the harms resulting from the Taliban’s institutionalized system of gender-based oppression. We welcome the Special Rapporteur’s view expressed in the report that the framing of gender apartheid most fully encapsulates the institutionalized and ideological nature of the abuses in the country. We note that the report of the Working Group on Discrimination Against Women to be presented at this session also noted the pattern of large-scale systematic violations of women’s and girls’ fundamental rights in Afghanistan ‘constitutes an institutionalized framework of apartheid based on gender and merits an unequivocal response.’ ISHR considers that the pursuit of justice for Afghan women and girls demands a multifaceted approach harnessing the strengths of various accountability mechanisms, including the establishment of an accountability mechanism for crimes against humanity; with strategic coordination exerting heightened pressure on the Taliban. See also: https://www.afintl.com/en/202406121393
Sudan On 18 June, the Fact-Finding Mission on Sudan will provide its first oral update to the HRC. Since the conflict erupted between the Sudanese Armed Forces and the Rapid Support Forces (RSF) on 15 April 2023, more than 30 thousand people have been killed while 10 million and a half have been displaced, a majority of which are women and children. Half of the population is now on the verge of famine, and 2.5 million could die of starvation by September. The continued fighting in El Fashir portends a repeated massacre and ethnic cleansing of the Masalit in El Geneina last year. In Aljazeera at least one hundred people were killed by RSF on 5 June, the area is facing grave human rights violations since last December. Meanwhile, the attacks on women’s rights groups and local response initiatives continue unabated.bHumanitarian responders get arbitrarily arrested, and smeared as traitors by the warring parties, some sentenced for up to 2 years and even killed. States should call for an immediate ceasefire, protection of civilians and adherence to international law by all parties in the conflict.
Occupied Palestinian Territory and Israel On 19 June, the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel will present its report addressing the 7 October attacks by Palestinian armed groups and the commencement of Israel’s war on Gaza.
Venezuela The High Commissioner will present his report on 3 July with his Office staff still operating from Panama. The Maduro government has still not permitted the return of the Office on the terms of its original mandate. With Presidential elections to be held on 28 July, concerns increase about the safety of human rights defenders and opposition figures. Uncertainty has recently been increased by the re-introduction (and then rapid postponement of adoption) of the NGO Law. HRDs Javier Tarazona and Rocío San Miguel remain wholly unjustifiably detained. States must engage actively in the dialogue with the High Commissioner to make clear their support of the essential work of human rights defenders and of the UN’s essential, multifaceted regime scrutinising the human rights situation in the country. Situations of concern that are not on the Council’s agenda
Algeria The sustained repression against the pro-democracy movement and human rights defenders in Algeria was addressed in the end-of-session statements of the Special Rapporteur on freedom of association and assembly as well as the Special Rapporteur on human rights defenders who conducted official visits to Algeria in 2023. These were the first visits since 2016 by UN mandate holders to the country. The Special Rapporteur on Freedom of Assembly and Association addressed the ‘criminalisation of civil society work‘, and the ‘suspension or dissolution of political parties and associations, including prominent human rights advocacy organisations’ (including RAJ and LADDH), as well as ‘overly restrictive laws and regulations’ hindering their work.
Bahrain Thirty-three civil society organisations reiterated that thirteen years since Bahrain’s popular uprising, systemic injustice has intensified and political repression targeting dissidents, human rights defenders, clerics and independent civil society has effectively shut any space for the peaceful exercise of the right to freedom of expression or peaceful activism in the country. Despite the recent royal pardon issued on 8 April 2024, which included the release of more than 650 political prisoners, marking a change in State policy from previous royal pardons, the pardon excluded many individuals who played significant roles in the 2011 pro-democracy uprising, with an estimated 550 political prisoners remaining behind bars. HRC56 provides an important opportunity to address these developments in States’ national and joint statements, including during the Interactive Dialogues with the Special Rapporteurs and Independent Expert on Health, Freedom of Expression, Peaceful Assembly and Association, Independence of Judges and Lawyers and International Solidarity. We urge States to call for the release of all those arbitrarily, including human rights defenders and opposition activists Abdulhadi Al-Khawaja, Abduljalil Al-Singace, Hassan Mushaima and Sheikh Ali Salman as well as death row inmates Mohammed Ramadhan and Husain Moosa, who have now spent over a decade unlawfully detained following torture and unfair trials and remain at immanent risk of execution.
China The adoption on 4 July of the outcome of China’s fourth UPR review, which exposed strong international condemnation over grave abuses in January, is a key opportunity for States to urge China to fully implement recommendations emanating from existing findings by UN bodies. Any rejection by the Chinese government of UPR recommendations referring to UN expert mechanisms or to constructive cooperation with the UN system should be promptly condemned. Ahead of the second anniversary of the publication of the damning OHCHR Xinjiang report, and its authoritative findings of possible crimes against humanity in the Uyghur region, States should request updates on the implementation of the report’s recommendations. To uphold the integrity of its mandate and put an end to China’s exceptionalism, the HRC must also establish a monitoring and reporting mechanism on the country, as repeatedly called for by over 40 UN experts and hundreds of human rights groups globally. States should further urge the UN High Commissioner to strengthen follow-up action on his Office’s Xinjiang report, including through public calls for implementation, through translation of the report, and through an assessment of its implementation. States should raise serious concerns at the repression of peaceful protests by over 100 Tibetans who opposed a hydropower project in Derge County, affecting villages and monasteries. States should unequivocally call out the adoption of yet-another national security law further criminalising dissent and human rights promotion in Hong Kong, considered a ‘regressive step’ by High Commissioner Türk. States should echo the latter’s call to ‘release immediately and unconditionally all those arbitrarily arrested and detained under these laws.’ States should further ask for the prompt release of human rights defenders arbitrarily detained or disappeared, including feminist activist Huang Xueqin, human rights lawyers Ding Jiaxi, Yu Wensheng and his wife Xu Yan, legal scholar Xu Zhiyong, Uyghur doctor Gulshan Abbas, Hong Kong lawyer Chow Hang-tung, and Tibetan climate activist A-nya Sengdra.
Occupied Western Sahara ISHR is concerned over the situation of Saharawi human rights defenders, including lawyer M`hamed Hali, who has been arbitrarily deprived of his right to practice in the Moroccan judicial system due to opinions expressed in support of the right to self-determination for the people of Western Sahara. His hearing is scheduled on 27 June in front of Morocco´s highest court. We urge States to address the crackdown on Sahrawi civil society including: during the Interactive Dialogues with the Special Rapporteurs on Freedom of Expression, Peaceful Assembly and Association, to call on Morocco to immediately put an end to ‘the systematic and relentless targeting of human rights defenders in retaliation for exercising their rights to freedom of association and expression to promote human rights in Western Sahara’; during the Interactive Dialogue with the Special Rapporteur on the Independence of Judges and Lawyers to call on Morocco to reinstate M’hamed Hali’s right to practice as a lawyer, stressing that this case sets a dangerous precedent for the independence of lawyers; and during the Interactive Dialogue with the Independent Expert on International Solidarity to reiterate the recommendation of the expert that ‘States should eliminate the criminalization of international solidarity expressions and symbols and calls for accountability for violations of public international law norms, such as calls for peace, self-determination or decolonization […]’ in the case of Western Sahara.
Saudi Arabia On 4 July, the Council will consider Saudi Arabia’s fourth UPR outcome, as the authorities announce whether they have accepted or rejected recommendations issued by States in January. The recommendations address widespread and systematic rights violations in the Kingdom, and have the potential to bring about significant change. They include, but are not limited to: calls for the release of prisoners of conscience, many of whom are serving decades-long prison sentences for peacefully exercising their basic rights, and the repealing of travel bans imposed on human rights defenders following their release; the abolition of the death penalty for child defendants, with several young men at imminent risk of execution for alleged crimes committed as minors; and a raft of legislative measures, including ratifying key international human rights treaties and revising repressive laws. States should use this key opportunity to urge Saudi Arabia to accept them in good faith, and crucially implement them.
Tunisia In May 2024, Tunisian authorities waged an unprecedented crackdown against Black migrants and refugees, and civil society organisations defending their rights. On 6 May, in the opening address to a National Security Council meeting, Tunisian President Kais Saied reiterated discriminatory and hateful remarks against Sub-Saharan migrants and refugees while inciting against civil society organisations, describing them as ‘traitors and [foreign] agents’ and ‘rabid trumpets driven by foreign wages’, because of their receipt of foreign funding and their ‘insulting’ of the state. The president questioned the sheltering of asylum seekers and refugees by the Tunisian Council for Refugees (CTR) – a nongovernmental organization, partner of the UNHCR, which supports the registration of asylum claims – and described asylum seekers and refugees residing in Tunisia as illegal. President Saied suggested that CSOs should only work with the state and under its instructions. Since 3 May, Tunisian authorities have arrested and opened investigations against the heads or members of at least six organisations working on migrant and refugee rights and against racial discrimination, including the CTR. Five people, including WHRD Saadia Mosbah, President of Mnemty, have remained in pre-trial detention, under unfounded accusations of financial crimes. On 14 May, the Prime Minister announced that a new association law is being finalized, which would replace Decree-Law 88, an internationally lauded legislation that that safeguards Tunisia’s right to the freedom of association. During the interactive dialogues with the Special Rapporteurs on Freedom of Assembly and Association, and Freedom of Expression, we urge States to call on Tunisia to put an end to the crackdown on civil society, immediately release all those arbitrarily detained, including individuals providing support or advocating for the rights of migrants and refugees, and to firmly condemn the escalating smear campaign and stigmatisation of human rights and humanitarian organisations receiving foreign funding and working with migrants and refugees, supported by the president’s speeches, often making use of discriminatory and racist language against Black migrants and Black people.
Adoption of Universal Periodic Review (UPR) reports During this session, the Council will adopt the UPR working group reports on Belize, Central African Republic, Chad, China, Congo, Jordan, Malaysia, Malta, Mauritius, Mexico, Monaco, Nigeria, Saudi Arabia, Senegal. ISHR supports human rights defenders in their interaction with the UPR. This session of the Council will provide an opportunity for Chad, China, Congo, Mauritius, Nigeria to accept recommendations made in relation to human rights defenders, as proposed in ISHR’s briefing papers.
Thematic areas of interest… Acts of intimidation and reprisals ISHR remains deeply concerned about reprisals against civil society actors who engage or seek to engage with UN bodies and mechanisms. We call for all States and the Council to do more to address the situation. HRC55 is 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 at HRC39, HRC41, HRC42, HRC43, HRC45, HRC51, HRC52, and HRC53, and HRC54. States raising cases is an important aspect of seeking accountability and ending impunity for acts of reprisal and intimidation against defenders engaging with the UN. It can also send a powerful message of solidarity to defenders, supporting and sustaining their work in repressive environments. We urge States to continue to raise the cases ISHR has campaigned on in the last two years in their statements. We also urge States to raise and follow up on individual cases of reprisals in the country specific debates taking place at this session. Further information on these cases can be found here or by contacting the ISHR team at s.hosseiny@ishr.ch
Other thematic debates
At this 55th session, the Council will discuss a range of economic, social and cultural rights through dedicated debates with Special Rapporteurs.
Country-specific developments
Attacks against fundamental freedoms in relation to Palestine in Western Europe and North America (including Austria, France, Germany, Italy, United States, United Kingdom): Civil society and international experts have raised grave concern at the attacks on fundamental freedoms when advocating for the rights of Palestinians by authorities in Western Countries. The attacks on freedoms of expression, assembly and association being monitored since October 2023 are by no means a new trend. For example, in September 2023, Amnesty International issued a statement addressing ‘restrictions of freedom of expression and freedom of assembly through blanket, pre-emptive bans imposed on assemblies on the occasion of Nakba Remembrance Day in Berlin’ by the Berlin Assembly Authority. However there has been a notable escalation in the intensity of these attacks as well as the political and legal measures put forward to further curtail fundamental freedoms in relation to Palestine since October 2023. Western governments, who regularly call for strong protection of human rights and civic space, are emboldening Israel’s indiscriminate attacks by cracking down on free expression and peaceful assembly, online and offline. Authorities have resorted to banning the holding of demonstrations, cracked down on demonstrators, and arrested protesters. Moreover, individuals have been fired from their jobs for voicing opinions on social media. Individuals have also reported facing hate speech, censorship and self-censoring fearing reprisals, including discrimination and criminalisation for voicing their opinions online and offline. Special Procedures have concluded that the undue restrictions imposed by States, especially Western States, ‘on peaceful protests and civil society working to protect human rights and humanitarian law in the context of the Gaza war are contrary to States’ obligation under international law to prevent atrocity crimes, such as genocide, war crimes, crimes against humanity and apartheid’. They stressed ‘that inclusive and meaningful collaboration with civil society, human rights defenders, […] and protest movements is vital to end the cycle of violence and impunity […], dismantling apartheid and ensuring justice and accountability […]’. Special Procedures have also addressed how ‘risks of potential anti-Semitism have also been used as a justification by some States to ban and criminalise peaceful assemblies and expressions in support of Palestinians’ rights’. Civil society has for years deplored the misuse by Israel and Western States of this argument to suppress Palestinian rights advocacy through the IHRA working definition of antisemitism. The Arab Center Washington DC stressed that ‘conflation between antisemitism and legitimate criticism of Israeli crimes against Palestinian civilians (heightened by the adoption of the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism by many States and organisations), leads to the silencing of Palestinian voices’. The normalisation of anti-Palestinian racism, rarely treated as equal human beings by the media or politicians, has also led to the dehumanisation of Palestinians as emphasised by the Special Procedures who stressed that ‘States have sought to justify these restrictions by referring to risks related to incitement to hatred and ‘glorification’ or ‘support of terrorism’, and potential risks to national security or public order. This approach is not only arbitrary, but it also dehumanises Palestinians by unjustly linking them as a whole to criminal endeavours and terrorism.’ Moreover, Special Procedures have stressed that ’employees in the public and private sectors should also not face reprisals, such as disciplinary measures or loss of employment, for speaking out’. They emphasised the importance for States and relevant academic institutions to respect academic freedoms, and ensure that students and teaching staff can freely associate, assemble and express their views with regards to the war in Gaza and the Israeli occupation of Palestine. The European Legal Support Center (ELSC) has monitored 661 incidents of repression against the Palestinian solidarity movement or individuals advocating for Palestinian rights since 7 October : 219 took place in Germany, 172 in the UK, 72 in France, 45 in Italy, 16 in Austria and 137 in other European countries. These include legal action or threats of legal action; restriction of movement, harassment, intimidation or violence; smear campaigns; threats to citizenship of residency status; disciplinary investigation, loss of employment or suspension from position; threats to academic freedom; refusal or withdrawal of use of venue or cancelation of events; defunding or financial de-risking. Since 2014, Palestine Legal has responded to over 2200 incidents in the US of suppression of Palestinian rights advocacy aimed at intimidating Palestinians and their supporters into silence and inaction. Since October 7, Palestine Legal responded to over 1258 reports of suppression of Palestinian rights advocacy in the US. Palestine Legal and over 600 legal organisations and professionals based in the USA urged in a joint letter elected officials and institutional leaders ‘to take urgent measures to address the surging racist attacks and unlawful retaliation against advocates for Palestinian right They address ‘an unprecedented barrage of extreme attacks that Palestinians and their allies in the U.S. are facing, including violent assaults, hate speech, employment discrimination, severe harassment and doxxing of students, law enforcement visits, and censorship in different arenas of civic and social life’. The organisation stressed that ‘hundreds of incidents happening across the country signal a much broader effort to criminalise dissent, justify censorship, and incite anti-Palestinian, anti-Arab, and anti-Muslim harassment, doxing and vigilantism against Palestinians and their allies. This is not a new phenomenon, but it is escalating at terrifying speed.’ In line with Special Procedures recommendations, we urge States, in particular Western States to: immediately and unconditionally release all arbitrarily detained individuals ‘for the exercise of their rights to freedom of peaceful assembly, of association and of freedom of expression in the context in Israel/occupied Palestinian territory’. Put an end to the intimidation and criminalisation of ‘civil society and activists advocating for respect of Palestinians’ rights, including the right to self-determination, for boycotts, divestment and sanctions, international criminal accountability, and an end to the alleged crimes of apartheid and genocide against Palestinians’ Ensure that ‘legislation and policy measures designed to counter anti-Semitism or terrorism are not used to suppress fundamental freedoms or to restrict civil society’s access to resources and/or criminalize them for their legitimate work.’ Ensure that ‘civil society organizations, human rights defenders and academics, working on Palestinian rights can exercise the ability to seek, receive and use financial resources, including foreign funding; and that counter-terrorism laws, including financing laws, are not applied in a manner contrary to international standards.’
Algeria
The sustained repression against the pro-democracy movement and human rights defenders in Algeria was addressed in the end of session statements of the Special Rapporteur on freedom of association and assembly as well as the Special Rapporteur on human rights defenders who conducted official visits to Algeria in 2023. These were the first visits since 2016 by UN mandate holders to the country. The Special Rapporteur on Freedom of Assembly and Association addressed the ‘criminalisation of civil society work’, and the ‘suspension or dissolution of political parties and associations, including prominent human rights advocacy organisations’ (including RAJ and LADDH), as well as ‘overly restrictive laws and regulations’ hindering their work. The rapporteurs called for the amendment of laws used to curtail fundamental freedoms, including article 87 bis of the Penal Code, used to outlaw movements such as the Movement for the Autonomy of Kabylie (MAK) and the Islamic political movement Rachad, both declared terrorist entities, and to bring criminal charges against individuals for exercising their rights to expression and assembly. Following her visit and attending the trial of three Algerian human rights defenders who faced terrorism charges, UN Special Rapporteur on Human Rights Defenders ‘welcomed the acquittal of Jamila Loukil, Kaddour Chouicha and Said Boudour’. While this is a positive development, a big number of activists and HRDs remain arbitrarily detained in Algeria. The SR on HRDs addressed the arbitrary detention of Kamira Nait Sid, a WHRD and co-president of the World Amazigh Congress sentenced to three years in prison where she visited her. She was arrested and tried on charges of ‘undermining national unity” and “belonging to a terrorist organisation’. The Special Rapporteur also met with HRD Ahmed Manseri, was put in pre-trial detention following meeting the Special Rapporteur on FoAA, ‘a picture of him meeting the Special Rapporteur on Freedom of Association and Assembly was included in his case file’. In line with the decision of the WGAD, Algeria should release arbitrarily detained HRD Mohamed BabaNadjar, detained since 2005 and serving a life sentence for his work on the rights of the Amazigh people. ISHR is alarmed at the level of self-censorship and risk of reprisals individuals face for engaging with the UN and its mechanisms. The SR on HRDs reported that individuals were self-censoring ‘for fear of being charged under Article 87 bis’. The SR on FoAA reported that activists told him that they were not willing to meet him ‘in person as they feared they could be subject to reprisals by authorities for undermining national security.’ The SR on HRDs also reported that some HRDs she intended to meet “refused or cancelled at the last minute, for fear of reprisals”. We urge all States to demand that Algeria, an HRC member, end its crackdown on human rights defenders and civil society organisations as well as put an end to all acts of intimidation and reprisals. We also call on States to call for the immediate release of all individuals arbitrarily detained, including woman human rights defender Kamira Nait Sid, and Mohamed BabaNadjar, and to urge Algeria to amend all legislation that hinders the work of civil society, including article 87 bis, regulations on funding, and other undue limitations to freedom of assembly and association.
Bahrain
Bahrain continues to imprison human rights defenders, including Abduljalil Al-Singace, Abdulhadi Al-Khawaja and Naji Fateel, despite their prolonged incarceration deemed arbitrary by the UN Working Group on Arbitrary Detention. High profile opposition figures such as Sheikh Ali Salman, Hassan Mushaima, and Abdulwahab Hussain also remain behind bars.
On 19 September 2023, the UN Secretary-General published their annual report naming five individuals who faced reprisals for cooperating with United Nations mechanisms. The death penalty continues to be used, with 26 individuals on death row, many alleging torture and coerced confessions. Death row inmates Mohamed Ramadhan and Husain Moosa have been detained for a decade and are at risk of imminent execution despite UNWGAD calling for their immediate and unconditional release and impending execution. Last year, over 800 political prisoners in Jau Prison launched a hunger strike to protest harsh conditions, discrimination and ill-treatment.
We call on States to urge Bahraini authorities to unconditionally release all those sentenced for their political opinions, including human rights defenders, stop reprisals for cooperating with the UN, and implement recommendations by UN Special Procedures.
China
China’s fourth UPR review on January 23 exposed strong international condemnation over grave abuses, and calls for unfettered access to the whole country for UN Special Procedures experts, including from the Global South. Numerous recommendations and advanced questions referred to the overwhelming evidence of grave abuses documented by UN bodies since 2018, compiled in a repository published by ISHR. This vast array of UN recommendations constitute an impartial benchmark to assess the Chinese government’s willingness and actions to address systematic and widespread human rights violations. Follow-up to these welcome steps must be ensured. To uphold the integrity of its mandate and put an end to China’s exceptionalism, the HRC must establish a monitoring and reporting mechanism on the country, as repeatedly called for by over 40 UN experts and hundreds of human rights groups globally. States should further urge the UN High Commissioner to strengthen follow-up action on his Office’s Xinjiang report, including through public calls for implementation, translation of the report, and an assessment of its implementation. States should ensure sustained visibility at the HRC of China’s abuse of national security and other cross-cutting abuses affecting Uyghurs, Tibetans, Hong Kongers and mainland Chinese defenders, including the latest crackdown on human rights lawyers. Finally, States should ask for the prompt release of human rights defenders, including feminist activists Huang Xueqin and Li Qiaochu, human rights lawyers Chang Weiping, Ding Jiaxi, Yu Wensheng and his wife Xu Yan, legal scholar Xu Zhiyong, Uyghur doctor Gulshan Abbas, Hong Kong lawyer Chow Hang-tung, and Tibetan climate activist A-nya Sengdra.
Democratic Republic of the Congo
The government must engage civil society in the drafting of the implementation, ensure it is in line with international standards and doesn’t further restrict the rights of defenders in the country. The United Nations Joint Human Rights Office (UNJHRO) must support the calls of civil society and ensure the protection and promotion of defenders is part of its support to the government of the DRC.
The Council will consider oral updates with the High Commissioner and the team of international experts on the DRC on 3 April, followed by General Debate.
According to human rights organisations, at least 251 defendants were rotated to new cases in 2023, and another 620 defendants in 2022, demonstrating the continued involvement of the judicial authorities in violations of the right to fair trial and undermining the rule of law.
The Human Rights Committee also called on Egypt to ‘ensure that court proceedings in terrorism cases are fully in line with articles 14 and 15 of the Covenant to ensure fair trials and put an end to the use of mass trials that are inherently not aligned with international standards’. UN Special Procedures have raised their concerns with Egypt on the ‘Terrorism Circuit Courts and allegations of their incompatibility with international due process guarantees, as well as alleged violations of fundamental rights of many individuals, including human rights defenders, who have been tried, or are still waiting to be tried, before these courts’. According to the Egyptian Front for Human Rights’ annual report, the Terrorism Circuit Courts ordered the release of only 3 defendants, approximately 0.1% of the 35966 cases of detention renewals under its consideration in 2023. The Egyptian Initiative for Personal Rights (EIPR) has also documented this pattern of what is commonly referred to as ‘hearings of detention renewals’ by the Terrorism Circuit Courts, including most recently renewals of detention of almost 900 defendants on 21 and 22 January 2024. Since the Committee against Torture (CAT) reached ‘the inescapable conclusion‘ in 2017 that ‘torture is a systematic practice in Egypt,’ the Egyptian government has not taken any serious steps to address the issue. In a new report submitted to the CAT, REDRESS and a coalition of Egyptian and international civil society organisations – including the Egyptian Initiative for Personal Rights, the Egyptian Commission for Rights and Freedoms, Dignity, and the International Commission of Jurists – conclude that the widespread and systematic use of torture by the Egyptian authorities amounts to a crime against humanity under customary international law. ISHR reiterates the calls of more than 100 NGOs from around the world in urging the HRC to create a monitoring and reporting mechanism on the ever-deteriorating human rights situation in Egypt.
Guatemala
Guatemala is living historic and hugely challenging times. The undermining of Guatemala’s State institutions over many years has led to a collapse in the rule of law and a worsening human rights crisis. The judicial system has been largely stripped of its independence and attacks and threats against human rights defenders and justice operators have been rife. Currently at least 45 former justice operators have been forced into exile, with at least 10 facing criminal proceedings against them in the country. Guatemala’s new President, Bernardo Arévalo, has promised to re-establish the rule of law, fight against corruption and impunity and address poverty. At this session under General Debate 2, the Council will consider the High Commissioner’s report on OHCHR activities including in Guatemala. This is the opportunity for States to speak of their support for effective measures to address corruption, impunity and for the respect of human rights under the new Presidency, and to continue their commitment to monitoring government actions. States should call on Guatemala to use UPR and treaty body recommendations as a road map for the necessary reforms to reintroduce the rule of law, fight impunity and uphold human rights. States should call on Guatemala to commit to and accept visits of Special Procedures as a means to institute a regime of rights monitoring and recommendations. They should welcome the good news of the three year renewal of the mandate of the Office of the High Commissioner in Guatemala and suggest that the High Commissioner for Human Rights visit the country at his earliest convenience. States should urge the government to guarantee the security of indigenous communities and leaders and institute an ongoing dialogue with indigenous communities to hear and respond to their demands. In that regard, Guatemala should sign and ratify the Escazú Protocol as a matter of urgency. States should call on Guatemala to put the protection of defenders at the heart of the new government’s actions, including through the implementation of the public human rights defenders public protection policy, ordered by the Inter-American Court of Human Rights in 2014.
Israel/OPT
The Council will hold an interactive dialogue with the High Commissioner on ensuring accountability and justice in the Occupied Palestinian Territory, including East Jerusalem on 29 February and an interactive dialogue with the Special Rapporteur on the oPt on 26 March. ISHR welcomes South Africa’s proceedings at the International Court of Justice (ICJ) on the situation in Gaza as an important step towards effective measures and accountability for atrocity crimes committed by Israel in the context of its decades long colonial apartheid imposed over the Palestinian people, including its latest war on Gaza. It also upheld international law in the face of decades of double standards during which the international community failed to take effective measures to ensure Israel complies with international law and the numerous UN resolutions and recommendations by UN special procedures, treaty bodies, and investigative mechanisms. Civil society organisations stressed that by ‘drawing on the nature of Israel’s military action, and ‘dehumanising’ statements by Israeli government officials, the Court found that Israel’s actions in Gaza are plausibly genocidal’, pending its final decision. These provisional measures which have a legally binding effect, ‘cannot be carried out without a full cessation of hostilities’, thus can only be effective with a ceasefire. In a joint statement from January 2024, Special Procedures deplored that they had raised the alarm of the risk of genocide several times and for months, ‘reminding all governments they have a duty to prevent genocide’ and stressing that ‘not only is Israel killing and causing irreparable harm against Palestinian civilians with its indiscriminate bombardments, it is also knowingly and intentionally imposing a high rate of disease, prolonged malnutrition, dehydration, and starvation by destroying civilian infrastructure’. The UN Committee on the Elimination of Racial Discrimination raised ‘serious concerns regarding the obligation of Israel and other State parties to prevent crimes against humanity and genocide.’ Responding to arguments of Israel and other States, the Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel reiterated that article 51 which ‘provides for the use of force by a State in self-defense of the Charter […] is not applicable’. Special procedures expressed their profoundly concern about ‘the support of certain governments for Israel’s strategy of warfare against the besieged population of Gaza, and the failure of the international system to mobilise to prevent genocide’. ISHR and over 180 organisations, deplored the continued transfer of arms to Israel by States, including the US, the UK, Germany, Canada, Italy, the Netherlands, and stress that the provision of military equipment and military support to Israel with knowledge that they are likely to be used in serious violations of international law, including international crimes, invites charges of complicity. ISHR also denounces the defunding civil society organisations and UNRWA by Western States, a strategy implemented by Israel and discursively imposed by some States to silence the work of human rights defenders and ensure the demise of the Palestinian refugee issue and with it the right of the Palestinian people to self-determination. We call for an immediate and unconditional release of all Palestinians deprived of liberty without due process, and all Israeli hostages; and the lifting of the 17 year-old illegal blockade and closure of the Gaza Strip, which constitutes collective punishment. In line with the ICJ provisional measures, and based on the obligations of States under international law, including the Genocide Convention, we urge States to take immediate and effective measures to: Impose a ceasefire and ensure that Israel provides immediate and unhindered delivery of aid to the Gaza Strip; Implement a two-way arms embargo on Israel; Ensure that internally displaced Palestinians return to their areas of previous residence and are provided with safe shelters in accordance with IHL provisions; Support the work of the CoI to investigate the root causes of the situation on both sides of the Green Line, including through providing sufficient resources for the mechanism, to ensure accountability and redress; and Restore funding of UNRWA and civil society organisations working to ensure the delivery of humanitarian aid in the context of starvation and genocide as well as document human rights violations, respectively.
Mali
In Mali the human rights situation continues to deteriorate, with the government increasingly cracking down on media and opposition voices, significantly narrowing civic space. During the presentation of his last report at the 52nd session of the Human Rights Council, the Independent Expert highlighted the threats, physical assaults and attacks on their property defenders faced because of their opinions.
Additionally, he recognised that the progress recently made towards the return to constitutional order may not lead to credible, free, fair and inclusive electoral processes unless appropriate measures are taken to address the shrinking civic space in the country. Since the adoption of the defenders’ law in 2018, Mali is yet to fully guarantee the protection of the rights of defenders through its implementation. In 2020, Mali finally adopted its implementation decree for the HRD law shortly followed by the decision adopted by the Malian government which establishes the characteristics, procedures for granting and withdrawing the professional card of human rights defenders. ISHR continues to ask the independent expert what support he planned to give to the Malian government to ensure the full implementation of the defenders law and its protection mechanism. The HRC must keep the scrutiny on Mali to ensure that defenders in the country are protected in line with the UN Declaration and not restricted by the limitation imposed by a card defining the status of defenders. The Council will hold an interactive dialogue with the independent expert on 28 March. Nicaragua
The human rights situation in Nicaragua comes back on the agenda against this session with two planned debates. On 29 February the Group of Human Rights Experts will present its report followed by an interactive dialogue. On the 4 March there will be an oral update of the HC on the situation of human rights in Nicaragua followed by a general debate. At the Council’s last interactive dialogue on Nicaragua, on 18 December 2023, the UN Deputy High Commissioner for Human Rights said of Nicaragua: ‘Every day the country deviates further from human rights.’ The last months have shown how true this remains. Upcoming regional elections on the Caribbean Coast (4 March) have provided a context for government crackdowns on opponents. The main indigenous and Afro-descendant political party in the country, YATAMA, has had its legal status revoked and two of its leaders, National Assembly legislator and YATAMA party chair Brooklyn Rivera and YATAMA legal representative Nancy Elizabeth Henríquez were arrested. The whereabouts of Brooklyn Rivera remain unknown. These arrests have been followed by increased militarisation in the territories on the Caribbean coast. The Inter-American Commission on Human Rights (IACHR) and its Special Rapporteurship for Freedom of Expression have expressed concern about these and other attacks against indigenous communities in the country. Many Nicaraguan human rights defenders remain in exile with no possibility of return. These include Rolando Álvarez, sentenced to 26 years in prison after strongly criticising government repression last year and expelled from the country in mid-January 2024 alongside 17 other clerics. Repression against defenders continues. States must call on Nicaragua to immediately release all arbitrarily detained people including Freddy Quezada, subject of precautionary measures by the IACHR; to provide immediate information about the whereabouts of all those disappeared, including poet Carlos Bojorge, detained and disappeared one month ago, and Brooklyn Rivera. States should express firm support of the work of the Group of Experts on Nicaragua and OHCHR and call on Nicaragua to take urgent steps to meet the recommendations made to it by the Group of Experts, as well as OHCHR and – in the words of Nicaraguan HRD Cristina Huerta made in December at the Council – to call on Nicaragua to ‘put an end to the State violence against women and civil society and retake the path to democracy’. ISHR is co-organising a side event ‘The situation for exiled Nicaraguan activists a year after being released and stripped of nationality’ on 5th March, 15.30-16.30pm Geneva time, Room XXVII Palais de Nations. Co-organisers include the Permanent Missions of Argentina, Canada, Chile, Costa Rica, Ecuador and Paraguay, as well as NGOs CCPR, Race and Equality and PBI.
Occupied Western Sahara In October 2023, the UN Working Group on Arbitrary Detention requested the immediate release of 18 Gdeim Izik prisoners from Western Sahara, held for over 13 years in Moroccan jails. In the last six years, the UN Working Group on Arbitrary Detention has rendered at least 11 decisions highlighting a systematic pattern of violations of the right to due process and fair trial, arbitrary arrests, torture, as well as violations to the right to freedom of expression, discrimination based on language, ethnicity and religion, especially targeting Saharawi activists advocating for the right to self-determination of Western Sahara. Prior, UN CAT issued five decisions on the Gdeim Izik prisoners, including in the case of Human rights activists Enaâma Asfari. Western Sahara is a former Spanish colony that remains under Moroccan occupation (despite a 1992 UN governed agreement for a referendum on independence, which Morocco continues to fail to comply with). In 1990, the General Assembly had reaffirmed that Western Sahara was a question of decolonisation
which remained to be completed by the people of Western Sahara. We urge States to call on Morocco to implement the decisions of the CAT and the WGAD and unconditionally release the Gdeim Izik arbitrarily detained activists, and all arbitrarily detained journalists and human rights defenders, while putting an end to all forms of harassment and reprisals against prisoners and their family. We further urge States to call on Morocco to put an end to its crackdown on civil society, particularly Saharawi human rights defenders in the occupied territory, ensure they are able to conduct their human rights work, and provide access to occupied Western Sahara to human rights bodies, including OHCHR, special procedures, and human rights organisations. As a member of the Human Rights Council and its president, and in line with resolution 60/251, Morocco should ‘uphold the highest standards in the promotion and protection of human rights’ and ‘fully cooperate with the Council’. In his update to the Council in March 2023, High Commissioner Turk highlighted that his Office has not been granted access to Western Sahara for the last eight years. Local human rights organisations report that international organisations and observers are barred from entering the territory to carry out meaningful human rights documentation and that human rights defenders trying to document and ensure monitoring are being targeted by the State.
In a joint statement, Special Procedures decried ‘the systematic and relentless targeting of human rights defenders in retaliation for exercising their rights to freedom of association and expression to promote human rights in Western Sahara’. They urged Morocco to ‘stop targeting human rights defenders and journalists standing up for human rights issues related to Western Sahara, and allow them to work without reprisals’.
Saudi Arabia According to ALQST’s annual report, despite the Saudi authorities’ recent efforts to open up to tourism and host international events, a prevailing climate of closure prevails – independent monitors are denied access to the country, the prison system is shrouded in secrecy, and trials are held behind closed doors.
In this ominous atmosphere, and following the almost complete diplomatic rehabilitation of crown prince and de facto ruler Mohammed bin Salman, widespread violations persist, including but not limited to: further decades-long prison sentences, and even a death sentence, meted out for peaceful social media use; the prosecution of women for their choice of clothing and advocacy for women’s rights; prisoners of conscience held incommunicado beyond the expiration of their sentences; arbitrary travel bans imposed on detainees and their family members in a form of collective punishment; and the execution of 172 individuals carried out over 2023, with several young men at imminent risk of execution for alleged crimes committed as minors.
In light of these alarming developments, ALQST and ISHR call on the Council to adopt a resolution mandating an independent international monitoring and investigative mechanism to address the human rights violations perpetrated in and by Saudi Arabia.
Sudan The humanitarian crisis in Sudan is dire, with millions displaced, widespread attacks on civilians including systematic SGBV as a weapon of war, amidst lack of global attention and adequate funding to respond to the crisis. Sudan faced a total communication blackout on 7 February 2024, following earlier disruptions at the end of January. These shutdowns severely endanger women human rights defenders and their work, hindering their ability to document atrocities and access essential resources such as mobile banking apps. Since the attack on Wad Madani in December 2023, WHRDs have lost resources, faced displacement, and enormous challenges searching for safe locations across states and neighboring countries. Dozens of women defenders were harassed, detained, summoned and threatened by both warring parties during the last few weeks. In recent months, the Sudanese Military Forces have intensified attacks on human rights defenders, journalists, and humanitarian workers in their controlled areas. Rapid Support Forces (RSF) have arrested civilians, engaged in looting, and perpetrated sexual violence systematically. WHRDs struggle to operate in these areas as the risks of sexual violence are expanding, with at least 5 WHRDs and first responders detained, summoned, or harassed recently. The attacks, which have resulted in the deaths of 4 WHRDs including 2 journalists and 11 women health workers, have occurred in territories controlled by both warring factions. Threats against medical services by both the RSF and the Sudan Armed Forces (SAF) continue to be reported including killings and kidnappings of health workers, attacks on hospitals and theft of medical supplies; exacerbating the humanitarian crisis for millions internally displaced without access to necessities and healthcare, and at risk of diseases such as outbreak of cholera. Sudanese rights groups have documented more than 2000 cases of enforced disappearances in Khartoum and other affected regions since the start of the war, with victims often detained by RSF or SAF, some killed under unclear circumstances. Detainees endure inhumane conditions, lacking medical care, proper food, and subjected to torture and sexual violence. Authorities in safer regions of Northern and Eastern Sudan dissolved resistance committees, active since the 2018 protests. Governors of five states prohibited information dissemination on social media, detaining journalists and activists in three states. Peaceful civic activities are banned or unauthorized in several states, creating hostile environments for WHRDs. The civic space in Sudan is closed with increasing militarization of the state and communities. During the last three months, Sudanese authorities launched a mobilization campaign to arm civilians, leading to unprecedented threats to women, peace and security and GBV in the areas out of the fighting zones. The Council will hold, on 1 March, an enhanced interactive dialogue on the comprehensive report of the HC, presented with the assistance of the designated Expert on human rights in the Sudan, on the situation of human rights in the Sudan. During the debate, States should reiterate joint civil society calls on the warring parties for an immediate ceasefire and the prompt creation of safe corridors for humanitarian aid organisations and groups, and to guarantee the safety of their operations; an immediate restoration of telecommunications across the country; and cease attacks on health facilities, medical supplies, and health workers, and uphold obligations under international humanitarian law. States should also declare their support for joint civil society calls on States to create an immediate long-term protection program for WHRDs; provide support for the FFM and other international mechanisms mandated to document human rights violations in Sudan, including by ensuring that these entities have the necessary resources to carry out their work effectively; support local initiatives providing humanitarian support to local communities as well as support services to victims, and to support civil society’s documentation and reporting efforts so that the evidence obtained can be used for future judicial proceedings; to call for the disclosure of the whereabouts of the disappeared and the release of detainees, and to urgently address the issue of enforced disappearances and grave violations in detention centers, including GBV; and to call for the reinforcement and protection of medical staff in accordance with international humanitarian law.
Tunisia
Since 25 July 2021, President Saied has dismantled Tunisia’s democratic institutions, undermined judicial independence, stifled the exercise of freedom of expression and repressed dissent. In June 2023, the High Commissioner urged Tunisia to ‘change course’, ‘respect due process and fair trial standards in all judicial proceedings, cease trying civilians before military courts and release all those arbitrarily detained’. He expressed ‘deep concern at the increasing restrictions on the right to freedom of expression and press freedom in Tunisia’, noting that vague legislation is being used to criminalise independent journalism and stifle criticism of the authorities. He further addressed the ongoing crackdown ‘against judges, politicians, labour leaders, businesspeople and civil society actors’. The situation has since further deteriorated. Authorities have continued to escalate their crackdown on free speech and peaceful dissent, using unfounded conspiracy, terrorism and expression-related charges against opposition figures, journalists, lawyers, judges and businesspeople. Public remarks from the president about the prosecution of perceived critics has continued to undermine judicial independence. At least 20 people have been in pretrial detention for long periods of time (8 months to more than two years). In November 2023, civil society organisations warned that the draft law on associations submitted to the Tunisian Parliament on 10 October 2023 would violate the right to freedom of association and endanger civic space in Tunisia. The draft law would grant the government pervasive control and oversight over the establishment, activities, operations and funding of independent groups, which are one of the last remaining counterweights to President Kais Saied’s autocratic rule. We urge States to call on Tunisia to refrain from adopting the proposed draft law and, instead, commit to safeguarding the right to freedom of association as enshrined in Decree-law 88 and under international human right law binding on Tunisia. The authorities should ensure that associations are able to operate without political interference, intimidation, harassment or undue restrictions. Moreover, Special Procedures have raised alarm at the collective expulsions targeting sub-Saharan migrants from Tunisia as well as ‘violence and racist hate speech, including perpetrated by the country’s top leadership and law enforcement officials’. While collective expulsions started being documented in early July, they are ongoing and target asylum seekers, refugees and children, to Libya and Algeria.
ISHR reiterates the recommendations by Tunisian civil society, Special Procedures and the Committee on the Elimination of Racial Discrimination to put an end to these practices, and for the authorities to investigate, provide remedies to victims, and hold perpetrators accountable. Ukraine Two years on from the launch of Russia’s full scale invasion and war of aggression against Ukraine, the perpetration of which has involved the widespread commission of war crimes and crimes against humanity, it is vital that the Council continue to mandate mechanisms to investigate violations, promote accountability, support victims, and address root causes of conflict.
At the March session of the Council, this should include renewing the mandate of the Commission of Inquiry, the work of which is essential to promote accountability for atrocity crimes in Ukraine, as well as address root causes such as the repression and criminalisation of human rights defenders and independent journalists in Russia itself. The Council will hold an interactive dialogue with the Commission of Inquiry on 19 March. The Council will also hold an interactive dialogue on the OHCHR report on Ukraine on 2 April.
Venezuela The Human Rights Council session just as that Venezuela has suspended OHCHR activities in the country and ordered personnel to leave the country and amid a context of a foretold pre-electoral increase in threats and attacks against defenders.
The arbitrary detention and disappearance of human rights defender Rocío San Miguel, president of NGO Control Cuidadano, on 9 February is evidence of this and of a wider pattern of attacks against defenders, as noted by the UN fact-finding mission on Venezuela. The re-activation of the process related to a highly restrictive and much criticised NGO bill at the start of this year, is a sign of the government’s interest in restricting civil society’s ability to operate. This is no time to reduce efforts to demand the respect of human rights in the country including the respect of the rights of human rights defenders, and to express support for ongoing monitoring and reporting work by OHCHR in the country and by the UN Fact-Finding Mission. Venezuela will be the focus of two specific debates during the session. On 19 March, the High Commissioner will present an oral update informed by the conclusions and recommendations of his team in the country. The UN fact-finding mission will provide an oral update on the 20 March. Both of these updates will be followed by interactive dialogues. During this session, States must be of one voice in calling for the reactivation of the work of OHCHR in the country. Also, the immediate release of Rocío San Miguel and that of Javier Tarazona, arbitrarily detained almost three years ago. States must also express deep concern at the re-introduction of the NGO bill and call on the government to cease threats and attacks against defenders in the country. States should restate the importance of the work of Venezuelan defenders and commit to support their work politically and, where possible, financially. States must insist on the reestablishment of an effective OHCHR presence in the country and speak to the essential, ongoing work of the UN fact-finding mission, stressing upon Venezuela the importance of its cooperation with all the UN bodies and mechanisms with mandates related to Venezuela and with all Special Procedures. States’ participation in the two interactive dialogues on Venezuela – through individual and joint statements – is key to making evident that the human rights situation in the country and the UN’s monitoring and reporting mechanisms remain a priority and reassuring those demanding accountability for human rights violations in Venezuela that they are being heard.
Yemen In 2023, Mwatana documented the continuation of human rights violations committed by various conflicting parties in Yemen, including ground and aerial attacks, attacks on vital facilities, child recruitment, arbitrary detention, enforced disappearance, and torture, sexual violence, attacks on African migrants, denial of humanitarian access, as well as the the impact of the widespread presence of landmines and explosive devices. In 2023, over 40 civil society organisations, victims and survivor associations from Yemen launched the Yemen Declaration for Justice and Reconciliation, in which they set forth their common vision for achieving justice that is inclusive, victim-centred, and includes accountability, reparations, and redress.
ISHR calls on the international community to address the demands made by Yemeni civil society, including for an independent, impartial, and fair accountability for all crimes under international humanitarian law and international human rights law committed in Yemen, by all parties to the conflict. Failure to address atrocities in the past has led to a culture of impunity throughout generations. We urge the international community to take effective measures to assess the full extent of civilian harm in coordination with local civil society and call on parties to the conflict to ensure reparation and redress.
Other country situations The High Commissioner will provide an oral update to the Council on 4 March. 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: Interactive dialogue with the Special Rapporteur on Afghanistan Enhanced interactive dialogue with the Special Rapporteur on Eritrea ID with the Special Rapporteur on the Democratic People’s Republic of Korea and a presentation of the report of the High Commissioner Interactive Dialogue with the High Commissioner on Belarus Interactive dialogue on the High Commissioner oral update on Myanmar, and interactive dialogue with the Special Rapporteur Interactive Dialogue with the Special Rapporteur on Iran and Interactive Dialogue on the comprehensive report of the independent international fact-finding mission Interactive Dialogue with the Commission of Inquiry on Syria Enhanced interactive dialogue on the comprehensive written report of the Commission on Human Rights’ South Sudan and the participation of the High Commissioner, and an interactive Dialogue on the OHCHR report on South Sudan High-level Dialogue with the Independent Expert on Central African Republic Interactive Dialogue with the High Commissioner and the Independent Expert on Haiti Interactive Dialogue with the International Expert on Colombia, and presentation of the report on the OHCHR activities in Colombia under General debate 2
Resolutions to be presented to the Council’s 55th session At the organisational meeting on 12 February the following resolutions were announced (States leading the resolution in brackets): Combating intolerance, negative stereotyping and stigmatization of, and discrimination, incitement to violence and violence against, persons based on religion or belief (Pakistan on behalf of the OIC) Human rights situation in the Occupied Palestinian Territory, including East Jerusalem, and the obligation to ensure accountability and justice (Pakistan on behalf of the OIC) Right of the Palestinian people to self-determination (Pakistan on behalf of the OIC) Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan (Pakistan on behalf of the OIC) Human rights in the occupied Syrian Golan (Pakistan on behalf of the OIC) Human rights and the environment (Costa Rica, Maldives, Morocco, Slovenia, Switzerland) – mandate renewal Prevention of genocide (Armenia) The right to work (Egypt, Greece, Indonesia, Mexico, Romania) The right to food (Cuba) Promotion of the enjoyment of the cultural rights of everyone and respect for cultural diversity (Cuba) – mandate renewal The effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights (Cuba) The right to adequate housing (Brazil, Finland, Germany, Namibia) Combating violence, discrimination, and harmful practices against intersex persons (Australia, Chile, Finland ,South Africa) Human rights in Ukraine stemming from the Russian aggression (Ukraine) The role of States in countering the negative impact of disinformation on the enjoyment and realization of human rights (Ukraine, Japan, Latvia, Lithuania, Poland, UK, US) The right to privacy in the digital age (Austria, Brazil, Germany, Liechtenstein, Mexico) – mandate renewal Cooperation with Georgia (Georgia) Situation of Human Rights in the Republic of South Sudan ( Albania, Norway, UK, US) – mandate renewal The human rights situation in the Syrian Arab Republic (United Kingdom, France, Germany, Italy, Jordan, the Netherlands, Qatar, Turkiye and the United States of America) – mandate renewal Torture and other cruel, inhuman or degrading treatment or punishment (Denmark) Promoting and strengthening a culture of peace (Gambia, Lesotho, Chile, Mozambique, South Sudan, Côte d’Ivoire, Kazakhstan, Botswana) The rights of persons belonging to minorities (Austria, Slovenia, Mexico) The right of persons with disabilities (New Zealand and Mexico) The situation of human rights in Belarus (European Union) The situation of human rights in the DPRK (European Union) – mandate renewal The situation of human rights in Myanmar (European Union) – mandate renewal Freedom of religion or belief (European Union) Rights of the child (EU and GRULAC) Situation of human rights in the Islamic Republic of Iran (Iceland, Moldova, North Macedonia, United Kingdom) and the deteriorating situation of human rights in the Islamic Republic of Iran, especially with respect to women and children (Iceland and Germany) – two mandate renewals in one resolution. Furthermore, according to the voluntary calendar for resolutions, it is possible that more resolutions could also be presented at this session. Read the calendar here.
Adoption of Universal Periodic Review (UPR) reports During this session, the Council will adopt the UPR working group reports on Azerbaijan, Bangladesh, Burkina Faso, Cabo Verde, Cameroon, Canada, Colombia, Cuba, Djibouti, Germany, Russian Federation, Turkmenistan, Tuvalu, Uzbekistan. ISHR supports human rights defenders in their interaction with the UPR. We publish and submit briefing papers regarding the situation facing human rights defenders in some States under review and advocate for the UPR to be used as a mechanism to support and protect human rights defenders on the ground.
ISHR is organising a side event on 6 March at 13:00 (CET) on the role of defenders in fostering accountability for atrocity crimes. Further information will be published on ISHR’s website.
ISHR is co-organising a side event ‘The situation for exiled Nicaraguan activists a year after being released and stripped of nationality’ on 5 March, 15.30-16.30pm (CET), Room XXVII, Palais de Nations. Other co-organisers include the Permanent Missions of Argentina, Canada, Chile, Costa Rica, Ecuador and Paraguay, as well as NGOs CCPR, Race and Equality and PBI. ISHR is co-organising a side event, ‘Resisting Exile: Voices of Human Rights Defenders’ on 5 March, 2pm Palais de Nations, along with CCPR and Race and Equality.
On 5 December 2023, Mary Lawlor, the UN Special Rapporteur on the situation of human rights defenders concluded her visit to Algeria with the observation: “While I welcome the evident reforms which have taken place over the past four years and the new emphasis on public consultation, I regret that some human rights defenders who work on sensitive issues face continued restrictions”.
The UN expert observed four main patterns of violations used to suppress human rights defenders: ongoing judicial harassment, dissolution of key human rights organisations, limitations on freedom of movement and intimidation and surveillance leading to severely negative impacts on their mental health and that of their families.
“I was saddened that a handful of human rights defenders who attempted to travel to Tizi Ouzou, where I was holding meetings, were prevented from doing so and detained for 10 hours,” Lawlor said.
“Given Algeria’s recent history, robust laws relating to terrorism are clearly necessary,” the expert said. “However, it is disappointing that laws designed to prevent terrorism are instilling terror in human rights defenders through overly broad and vague definitions of what constitutes terrorism in the Penal Code.”
The Special Rapporteur noted that Article 87 bis of the Penal Code was one of the most frequently cited laws used to prosecute human rights defenders.
Despite this, the expert said there were many people working to protect and promote human rights with the full support of the government and the newly created consultative bodies in areas including women’s rights, children’s rights, healthcare, poverty relief and political participation. Based on this collaboration and experience, the Special Rapporteur believes the government is now better equipped to reach out to human rights defenders working on sensitive issues.
Lawlor welcomed the acquittal of three human rights defenders, Jamila Loukil, Kaddour Chouicha and Said Boudour, of terrorism charges in Dar El Baida court on Sunday.
“I hope this acquittal will kickstart a review process of Article 87 bis, and I stand ready to assist the Algerian government in any way I can in this regard,” she said.
11 human rights NGOs had publicly expressed their wish that this visit be an opportunity to free imprisoned activists and for reforms to see the light of day.
On 6 December, following the public report of this visit, NGOs support the main measures recommended by the Special Rapporteur, namely that: • The Algerian government must view Human Rights Defenders as allies and opportunities within society, not as threats. The signatories call for the repeal of all repressive laws and legislative provisions relating to the rights to freedom of association and peaceful assembly, and the adoption, on the basis of broad consultation with Algerian society, a regulatory framework complies with international standards notably respect for human rights in Algeria. • Many civil society organizations are in danger of disappearing. This is already the case of the Algerian League for the Defense of Human Rights (LADDH) and the Rassemblement Actions Jeunesse (RAJ). Civil society organizations must have the freedom to adequately play their role. • Several articles of law must also be reformed in accordance with international standards. This is the case of articles 79 and 87 bis of the Penal Code, relating to the attack on the integrity of the national territory and the fight against terrorism which are abusively used to imprison activists. The same goes for the Ban on Exiting the National Territory (ISTN) which is today used in a punitive manner to restrict the movement of human rights defenders in Algeria.
The signatories finally call on the Algerian government to release all prisoners of conscience and human rights defenders currently in prison
During the 54th session, Ghana, Fiji, Hungary, Ireland and Uruguay will present a draft resolution on cooperation with the UN. ISHR urges all States to support the adoption of a HRC resolution that strengthens the UN’s responses to reprisals.
On 28 September, the Assistant Secretary General for Human Rights, Ilze Brands Kehris, will present the Secretary General’s annual Reprisals Report to the Council in her capacity as UN senior official on reprisals. States raising cases is an important aspect of seeking accountability and ending impunity for acts of reprisal and intimidation against defenders engaging with the UN. It can also send a powerful message of solidarity to defenders, supporting and sustaining their work in repressive environments.
Anexa Alfred Cunningham (Nicaragua), a Miskitu Indigenous leader, woman human rights defender, lawyer and expert on Indigenous peoples rights from Nicaragua, who has been denied entry back into her country since July 2022, when she participated in a session of a group of United Nations experts on the rights of Indigenous Peoples. States should demand that Anexa be permitted to return to her country, community and family and enabled to continue her work safely and without restriction.
Vanessa Mendoza (Andorra), a psychologist and the president of Associació Stop Violències, which focuses on gender-based violence, sexual and reproductive rights, and advocates for safe and legal abortion in Andorra. After engaging with CEDAW in 2019, Vanessa was charged with ‘slander with publicity’, ‘slander against the co-princes’ and ‘crimes against the prestige of the institutions’. She has been indicted for the alleged “crimes against the prestige of the institutions” involving a potentially heavy fine (up to 30,000 euros) and a criminal record if convicted. States should demand that the authorities in Andorra unconditionally drop all charges against Vanessa and amend laws which violate the rights to freedom of expression and association.
Kadar Abdi Ibrahim (Djibouti) is a human rights defender and journalist from Djibouti. He is also the Secretary-General of the political party Movement for Democracy and Freedom (MoDEL). Days after returning from Geneva, where Kadar carried out advocacy activities ahead of Djibouti’s Universal Periodic Review (UPR), intelligence service agents raided his house and confiscated his passport. He has thus been banned from travel for five years. States should call on the authorities in Djibouti to lift the travel ban and return Kadar’s passport immediately and unconditionally.
Hong Kong civil society (Hong Kong): Until 2020, civil society in Hong Kong was vibrant and had engaged consistently and constructively with the UN. This engagement came to a screeching halt after the imposition by Beijing of the National Security Law for Hong Kong (NSL), which entered into force on 1 July 2020. States should urge the Hong Kong authorities to repeal the offensive National Security Law and desist from criminalizing cooperation with the UN and other work to defend human rights.
Maryam al-Balushi and Amina al-Abduli (United Arab Emirates), Amina Al-Abdouli used to work as a school teacher. She was advocating for the Arab Spring and the Syrian uprising. She is a mother of five. Maryam Al Balushi was a student at the College of Technology. They were arrested for their human rights work, and held in incommunicado detention, tortured and forced into self-incriminatory confessions. After the UN Special Procedures mandate holders sent a letter to the UAE authorities raising concerns about their torture and ill treatment in detention in 2019, the UAE charged Amina and Maryam with three additional crimes. The UN Working Group on Arbitrary Detention found their detention arbitrary and a clear case of reprisals for communicating with Special Procedures. In April 2021, a court sentenced them to three additional years of prison for “publishing false information that disturbs the public order”. States should demand that authorities in the UAE immediately and unconditionally release Maryam and Amina and provide them with reparations for their arbitrary detention and ill-treatment.
Other thematic debates
At this 54th session, the Council will discuss a range of civil, political, economic, social and cultural rights and issues through dedicated debates with the:
Special Rapporteur on truth, justice, reparation and guarantees of non-recurrence
Special Rapporteur on contemporary forms of slavery, including its causes and consequences
Working Group on Arbitrary Detention
Working Group on Enforced or Involuntary Disappearances
Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and waste
ID on HC oral update on drivers, root causes and human rights impacts of religious hatred constituting incitement to discrimination, hostility or violence
In addition, the Council will hold dedicated debates on the rights of specific groups including with the:
Independent Expert on the enjoyment of all human rights by older persons
Special Rapporteur on the rights of Indigenous Peoples and the Expert Mechanism on the Rights of Indigenous Peoples
Country-specific developments
Afghanistan
The Council will hold an Interactive Dialogue with the Special Rapporteur on Afghanistan on 11 September, and on the OHCHR report on Afghanistan on 12 September, and will consider a resolution on the human rights situation in Afghanistan at this session.
ISHR supports the call of Afghan human rights defenders to the Council to renew the mandate of the Special Rapporteur on the situation of human rights in Afghanistan. We also support the call to establish a parallel independent investigative mechanism in the upcoming September session and to ensure meaningful follow up to the joint report of the Special Rapporteur and the Working Group on discrimination against women and girls, as well as continuation of a dedicated discussion at the Council on the situation of women and girls in Afghanistan. Accountability for widespread human rights violations, including gender apartheid and other crimes against humanity, is imperative to securing sustainable peace and development in the country.
Algeria
We urge States to demand that Algeria, a Council member, end its crackdown on human rights defenders and civil society organisations, amend laws aimed at silencing peaceful dissent and stifling civil society, and immediately and unconditionally release arbitrarily detained human rights defenders and activists, including in the interactive dialogue with the Working Group on arbitrary detention. Since the beginning of the Hirak pro-democracy movement, the Working Group has issued at least 6 decisions of arbitrary detention, highlighting Algerian legislation that is inconsistent with international law, violations of due process and the right to a fair trial, as well as violations to the right to freedom of expression, discrimination based on language, ethnicity and religion. They have also condemned Algeria’s abuse of counter-terrorism legislation. States should call on Algeria to implement the recommendations of the working group.
We also urge States to address the case of reprisals against HRDs Kaddour Chouicha and Jamila Loukil, members of the Algerian League for the Defence of Human Rights (LADDH) before its dissolution by the Algerian authorities. They were prevented from traveling to attend the pre-session organized by UPR-info, a clear case of reprisals against human rights defenders attempting to cooperate with the UPR. Chouicha, Loukil and other HRDs are charged in a criminal case, which includes ‘enrollment in a terrorist or subversive organization active abroad or in Algeria’. They are still awaiting trial as the authorities postponed their court session on 15 June 2023. If convicted of these charges, they face up to twenty years imprisonment.
Bahrain
Civil society organisations, including ISHR, have requested States to urge Bahraini authorities to unconditionally release all those sentenced for their political opinions, including human rights defenders Abdulhadi Al-Khawaja and Abduljalil Al-Singace, and in the meantime, to ensure that they are provided with life-saving medical care to prevent an imminent tragedy. [see also: https://humanrightsdefenders.blog/2023/08/20/500-bahraini-prisoners-on-hunger-strike-over-conditions/]
Burundi
The Council will hold an Interactive Dialogue with the Special Rapporteur on Burundi on 22 September. As serious human rights violations persist in Burundi and the Government has failed to hold perpetrators accountable or take the concerns raised by Burundian and international actors seriously, the Council should not relax its scrutiny. The Council should extend the Special Rapporteur’s mandate for a further year.
China
31 August marked one year since the release of the groundbreaking OHCHR report finding possible crimes against humanity committed by the Chinese government in Xinjiang. This Council session also marks one year since the failure of the Council, and most of its Council Members, to stand by principle against Beijing’s coercion and promote a dialogue on the human rights of Uyghurs. Since that time, the recommendations of the OHCHR’s report have been echoed by the CERD in its Urgent Action decision on Xinjiang, by the CESCR and CEDAW in their respective Concluding Observations, and by 15 Special Procedures mandates in their seven benchmarks on Xinjiang. Yet, in a surprise visit to the region in August, President Xi Jinping reiterated its hardline policy and called for further efforts to ensure ‘social stability’ and ‘control illegal religious activities’. States should take collective action to urge China to implement key recommendations from the OHCHR Xinjiang report, and from relevant UN Treaty Bodies and Special Procedures, with a focus on root causes of violations that commonly affect Uyghurs, Tibetans, Hong Kongers and mainland Chinese human rights defenders, including the abuse of national security laws and measures.
States should further ask for the prompt release of human rights defenders targeted by the Chinese government’s renewed crackdown on human rights lawyers, including lawyer Lu Siwei at risk of refoulement from Laos, activists Chang Weiping, Ding Jiaxi and Xu Zhiyong, recently convicted to lengthy prison sentences, as well as Yu Wensheng and Xu Yan, detained en route to meet with EU diplomats in Beijing. Ten years after the detention, and subsequent death in custody, of woman human rights defender Cao Shunli on her way to attend China’s UPR in Geneva, the Council must also pierce the veil of impunity for egregious cases of reprisals, and call on China to acknowledge its responsibility, bring perpetrators to justice and provide adequate remedy. [see also: https://humanrightsdefenders.blog/2023/09/05/human-rights-lawyer-gao-zhisheng-and-the-practice-of-enforced-disappearances-joint-letter/]
Egypt
Recent arrests and arbitrary detention of several media figures, dissidents and their family members in Egypt are indicative of the ongoing crackdown on basic freedoms and liberties in the country, and reflect a lack of genuine political will to improve the human rights situation by the Egyptian government. In the last ten years, Egyptian human rights organisations have recorded the enforced disappearance of no less than 3,000 citizens for varying periods of time, death by mistreatment and medical negligence of at least 1,200 people in detention centers, the sexual assault of at least 655 people and their family members, and the extrajudicial killing of more than 750 people. The continued silence on Egypt by States at the Council will only encourage further violations. NGOs continue to urge States to ensure appropriate action on Egypt at the Council though the establishment of a monitoring and reporting mechanisms on the human rights crises in the country. As an immediate step, States should deliver a follow-up joint statement condemning the human rights situation in the country and calling on the Egyptian government to refrain from continuing to carry out wide-spread human rights violations.
Israel/OPT
While Israel rejected all the recommendations on the right of the Palestinian people to self-determination and refugee return made by states during its UPR review, States should reiterate their commitment to putting an end to 75 years of denial of the Palestinian’s people inalienable rights to return and self-determination.
During HRC 53, civil society welcomed the resolution put forward by the OIC to ensure the full implementation of the United Nations database of businesses involved in Israeli’s settlement enterprise in the occupied Palestinian territory. States must ensure that the mandate is implemented in full as it represents a question of credibility to the Council, including by ensuring that the budget adopted in the fifth committee of the General Assembly later this year is in line with the programme budget implications (PBI).
Russia
The Council will hold an Interactive Dialogue with the Special Rapporteur on the Russian Federation on 21 September. The Council will also be called upon to renew the mandate of the Special Rapporteur (HRC Resolution 51/25). ISHR strongly supports the renewal of the mandate and urges States to oppose Russia’s candidacy to the Human Rights Council.
The human rights situation in Russia continues to deteriorate, while Russia also continues to perpetrate atrocity crimes in Ukraine In recent months, Russia has enacted laws providing immunity against war crimes and crimes against humanity committed in the ‘State’s interests’, intensified its assault against LGBT persons, adopted further measures to repress civil society and silence independent journalists, and continued to arbitrarily imprison human rights defenders. Of further and direct relevance to the Council, Russia adopted a new law on 28 April 2023 which criminalises assistance, cooperation or confidential communications with international bodies, which may include the HRC and its mechanisms. These regressive developments, and the lack of any improvement in the human rights situation in the country, clearly warrant the extension of the mandate of the Special Rapporteur.
With respect to Russia’s candidacy for the Council, ISHR only campaigns against countries based on strict and objective criteria. Russia manifestly fulfils all of these criteria, being a country: (1) responsible for a pattern of reprisals against those who cooperate with the UN; (2) responsible for the repression of civil society (Russia is ranked as ‘closed’ (scoring 17/100 in the Civicus Monitor); and (3) directly responsible for war crimes and crimes against humanity in Ukraine according to the HRC-mandated CoI. On ISHR’s HRC candidate scorecards, Russia scores just 1/20 on objective criteria.
Saudi Arabia
In light of the ongoing diplomatic rehabilitation of crown prince and de facto ruler Mohammed bin Salman, the Saudi authorities’ brazen repression continues to intensify. Some notable recent trends as documented by ALQST include, but are not limited to: the further harsh sentencing against individuals for peaceful social media use, including a death sentence issued against a man for tweets, the prosecution of women such as Manahel al-Otaibi over her choice of clothing and support for women’s rights, the ongoing forcible disappearance of prisoners of conscience including Mohammed al-Qahtani [see: https://www.trueheroesfilms.org/thedigest/laureates/78383825-0b3f-4bca-883a-b81e1baecd09]and Essa al-Nukheifi beyond the expiry of their sentences, and; regressive developments in relation to the death penalty, including a surge in executions (95 individuals were executed in 2023 so far), and several young men at imminent risk of execution for crimes they allegedly committed as minors. Human Rights Watch has documented the brutal massacre of migrants at the Yemen border, in what may amount to further crimes against humanity. ISHR continues to call for States at the Council to adopt a resolution mandating an independent international monitoring and investigative mechanism on massive human rights violations perpetrated in and by Saudi Arabia.
Sudan
On 12 September, the Council will hold Interactive Dialogue on the High Commissioner’s oral update on Sudan.
Sudanese Women Rights Action published a report “laying an overview of the conditions of women’s rights and gender equality in Sudan as an extended crisis started on October 25th, 2021, when the military took over the power in Sudan, ending the transitional period on a bloody note…the report presents verified information about the crises scope, context, and responses from a gender perspective based on the needs on the grounds, the challenges, and the recommended interventions according to local actors and women activists.” ISHR urges the implementation of the recommendations identified by women activists including to “Pressure both fighting parties to commit to sustainable Ceasefire; Pressure the fighting parties to open humanitarian corridors; Provide urgent funding to the humanitarian aid interventions; Ensure protection and evacuation of women and WHRDs from fighting areas”. Ahead of HRC54, ISHR joined over 110 NGOs in reiterating a call on the Council to establish an independent investigative mechanism on Sudan with a mandate to investigate human rights violations and abuses in Sudan, collect and preserve evidence, and identify those responsible.
Tunisia
We regret that the Council failed to exercise its prevention mandate and address the deteriorating human rights situation in Tunisia during HRC 53, during which the High Commissioner and UN Special Procedures raised alarm at the escalating pattern of human rights violations and the rapidly worsening situation in Tunisia following President Kais Saied’s power grab on 25 July 2021. In the last two years in Tunisia there has been a significant erosion of the rule of law, attacks on the independence of the judiciary, reprisals against independent judges and lawyers and judges associations, a crackdown on peaceful political opposition and abusive use of “counter-terrorism” law in politicised prosecutions, as well as attacks on freedom of expression and threats to freedom of association.
In an open letter against the “Memorandum of Understanding on a Strategic and Comprehensive Partnership between the European Union (EU) and Tunisia” and against the EU’s border externalisation policies, 379 researchers and members of civil society decried the use of vulnerable populations as scapegoats to mask the failures of public policy in Tunisia. While Tunisian authorities were persecuting Black African foreign nationals, including migrants, asylum seekers and refugees – deporting at least 1,200 sub-Saharan nationals to the borders with Libya and Algeria, in inaccessible and militarised desert zones, leaving them abandoned without water and food – the signing of the Memorandum effectively gave Tunisia “a blank check, following a strategy that is all the more irresponsible given its inefficacy”. Unless States tackle “the structural socio-economic causes of so-called irregular migration”, and radically rethink access to mobility, “this security approach to border management will only make crossings more deadly and strengthen smugglers”. Addressing these grave violations cannot be done without also urgently addressing the rule of law crisis in the country.
Venezuela
The UN’s fact-finding mission on Venezuela (FFM) will report to the Council on 25 and 26 September. The Mission will focus on the situation for human rights defenders in the country – an essential focus given the existing and proposed legislation adversely affecting civic space, and the threats and attacks HRDs face. The recent sentencing of 6 union leaders, denounced by UN Special Rapporteurs, is a clear example of the criminalisation of HRDs, as is the continued detention of the HRD Javier Tarazona, since July 2021, and that of many other real or perceived opposition figures. The continuing impunity in regard to the killing of defender Virgilio Trujillo Arana a year ago is an example of how little will exists to prevent attacks against HRDs.
In its first report in 2020, the FFM stated that it had reasonable grounds to believe that crimes against humanity had been carried out in Venezuela, with the principal targets of violations including social activists and political leaders at the forefront of protests. The recommendations made by the FFM at that time have not been implemented. We recall that Venezuela continues to refuse to engage with the FFM or allow it to enter the country.
States must participate in the interactive dialogue with the FFM to highlight the essential role of HRDs; express utmost concern at the ongoing, systematic threats, attacks and restrictions against civic space, and urge the Venezuelan authorities to take immediate steps to implement the recommendations issued by the UN human rights system. States must speak out forcefully in support of the FFM and its work, and encourage other states to do the same. This vital accountability mandate must be supported and its recommendations echoed, so that victims of violations in the country can believe that one day justice will be done.
Other country situations:
The High Commissioner will provide an oral update to the Council on 11 September 2023. The Council will consider updates, reports 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:
Interactive Dialogue on the report of the Independent Investigative Mechanism for Myanmar and Interactive Dialogue on the OHCHR report on Myanmar
Interactive Dialogue on the report of the High Commissioner on Nicaragua and oral update by the Group of Experts on Nicaragua
Interactive Dialogue on the report of the OHCHR on Sri Lanka
Interactive Dialogue with the Commission of Human Rights Experts on Ethiopia
Interactive Dialogue with the Commission of Inquiry on the Syrian Arab Republic
Interactive Dialogue on the interim oral update of the High Commissioner on the situation of human rights in Belarus
Interactive Dialogue with the Commission of Inquiry on Ukraine and Interactive Dialogue on the High Commissioner oral update on Ukraine
Enhanced Interactive Dialogue on the report of the High Commissioner and experts on the Democratic Republic of Congo
Interactive Dialogue on the oral update of OHCHR on technical assistance and capacity-building for South Sudan
Interactive Dialogue with the Special Rapporteur on Cambodia and presentation of the Secretary-General’s report
Interactive Dialogue with the Independent Expert on Somalia
Interactive Dialogue with the Independent Expert on the Central African Republic
Interactive Dialogue with the High Commissioner on the interim report on Haiti
Presentation of the High Commissioner’s report on cooperation with Georgia
Presentation of the High Commissioner’s report on cooperation with Yemen
Council programme, appointments and resolutions
Appointment of mandate holders
The President of the Human Rights Council has proposed candidates for the following mandates:
Special Rapporteur on minority issues
Special Rapporteur on the human rights of migrants
Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism
Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
Working Group on discrimination against women and girls, several members
Resolutions to be presented to the Council’s 54th session
At the organisational meeting on 28 August resolutions were announced (States leading the resolution in brackets):
From rhetoric to reality: a global call for concrete action against racism, racial discrimination, xenophobia and related intolerance (Africa Group)
Technical assistance and capacity-building in the field of human rights in the Democratic Republic of the Congo (Africa Group)
Question of the death penalty (Benin, Belgium, Costa Rica, France, Mexico, Mongolia, Republic of Moldova, Switzerland)
Special Rapporteur on truth, justice, reparation and guarantees of non-recurrence – mandate renewal (Argentina, Morocco, Switzerland)
Human rights and Indigenous Peoples (Guatemala, Mexico)
Special Rapporteur on the situation of human rights in Afghanistan – mandate renewal (EU)
Special Rapporteur on the situation of human rights in Burundi – mandate renewal (EU)
Working Group on enforced or involuntary disappearances – mandate renewal (Argentina, France, Japan, Morocco)
Implementation of the UN declaration on the rights of peasants and other people working in rural areas (Bolivia)
Technical assistance and capacity-building for Yemen in the field of human rights (Lebanon on behalf of the Arab Group)
Special Rapporteur on Russia – mandate renewal (Luxembourg on behalf of 26 EU countries)
Right to privacy in the digital age (Austria, Brazil, Germany, Liechtenstein, Mexico)
A world of sports free from racism, racial discrimination, xenophobia and related intolerance (Brazil and Africa Group)
Cooperation with the United Nations, its representatives and mechanisms in the field of human rights (Fiji, Ghana, Hungary, Ireland, Uruguay)
The core group on Sudan (Germany, Norway, UK, US) announced that they are considering presenting a resolution on Sudan at this session. The core group on Syria (Germany, France, Italy, Jordan, Netherlands, Qatar, Turkiye, UK, USA) also announced that they are considering presenting a resolution on the human rights situation in Syria.
Read here the three year programme of work of the Council with supplementary information.
Read here ISHR’s recommendations on the key issues that are or should be on the agenda of the UN Human Rights Council in 2023.
On 18 July 2023 Front Line Defenders reported that on 4 July, a court of appeal in Algiers confirmed the three-year prison sentence of human rights defenders Slimane Bouhafs and Kamira Nait Sid, in addition to confirming the fine of DZD 100,000 (approx. EUR 660). The charges against both human rights defenders include “belonging to a terrorist organisation”; “receiving funds from abroad for the purpose of political propaganda”; “hate speech and discrimination”; “use of technology to spread false information”; and “conspiracy”, among others.
Slimane Bouhafs is a human rights defender advocating for freedom of expression and democracy in Algeria through social media. He is the Chairman of the St. Augustine Coordination of Christians in Algeria which defends minority rights and freedom of religion in the country. Kamira Nait Sid is a woman human rights defender and co-president of the World Amazigh Congress (WAC), an international NGO defending the rights of the Amazigh people. The mission of the WAC is to ensure the defence and promotion of political, economic, social, cultural, historical and civil rights of the Amazigh people.
The human rights defender Slimane Bouhafs, who was granted refugee status in Tunisia before being illegally transferred back to Algeria, received the same three-year prison sentence as the one previously handed down at the first instance. Meanwhile, the woman human rights defender Kamira Nait Sid received a three-year prison sentence, which was a two-year reduction of the original sentence handed down by the court of first instance.
Both Slimane Bouhafs and Kamira Nait Sid reject and deny all the charges against them and maintain that they have been targeted because of their peaceful human rights work and advocacy for freedom of expression and belief. The defence counsel, which represented both human rights defenders, reportedly emphasised the lack of due process and fair trial guarantees during the trial and the appeal processes, including a lack of evidence supporting the charges.
In December 2022, Slimane Bouhafs and Kamira Nait Sid were sentenced to three and five years respectively by the court of first instance mainly on the basis of an alleged association with the Movement for the Autonomy of Kabylie (MAK), classified as a terrorist group by the Algerian authorities. The human rights defenders continue to deny any involvement with the MAK group.
The two human rights defenders have been arbitrarily detained since the summer of 2021. On 25 August 2021, the human rights defender Slimane Bouhafs was abducted, subjected to ill-treatment and forcibly returned to Algeria from Tunisia, where he had been granted refugee status, in a gross violation of international law. On 24 August 2021, the woman human rights defender Kamira Nait Sid was also abducted by Algerian security forces from her home in Draa-Ben-Kheddaas in northern Algeria and detained at an unknown location. On 1 September 2021, the two human rights defenders appeared before an investigating judge in an Algerian court to be charged with several terrorism-related accusations based on an alleged connection with the MAK.
Front Line Defenders condemns the confirmation of the sentence of human rights defenders Slimane Bouhafs and Kamira Nait Sid and calls on the authorities of Algeria to immediately release them and quash their conviction as it believes that it is solely motivated by their legitimate and peaceful work in the defence of human rights. It urges the authorities to guarantee the physical and psychological security and integrity of the human rights defenders while in detention.
Front Line Defenders also calls on the authorities to cease targeting all human rights defenders in Algeria and guarantee in all circumstances that they are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions including judicial harassment.
The 53rd session of the UN Human Rights Council started 19 June (to end on 14 July 2023). Thanks to the – as usual – excellent documentation prepared by the International Service for Human Rights (ISHR) I will highlight the themes mostly affecting HRDs.
To stay up-to-date you can follow @ISHRglobal and #HRC53 on Twitter, and look out for its Human Rights Council Monitor. During the session, follow the live-updated programme of work on Sched.
Here are some highlights of the session’s thematic discussions
Human rights of migrants
The Council will consider a resolution on the human rights of migrants this session, where a big problem is the criminalisation of the provision of solidarity and support, including rescues at sea, by migrant rights defenders.
Reprisals
..States raising cases is an important aspect of seeking accountability and ending impunity for acts of reprisal and intimidation against defenders engaging with the UN. It can also send a powerful message of solidarity to defenders, supporting and sustaining their work in repressive environments.
Anexa Alfred Cunningham (Nicaragua), a Miskitu Indigenous leader, woman human rights defender, lawyer and expert on Indigenous peoples rights from Nicaragua, who has been denied entry back into her country since July 2022, when she participated in a session of a group of United Nations experts on the rights of Indigenous Peoples. States should demand that Anexa be permitted to return to her country, community and family and enabled to continue her work safely and without restriction.
Vanessa Mendoza (Andorra), a psychologist and the president of Associació Stop Violències, which focuses on gender-based violence, sexual and reproductive rights, and advocates for safe and legal abortion in Andorra. After engaging with CEDAW in 2019, Vanessa was charged with ‘slander with publicity’, ‘slander against the co-princes’ and ‘crimes against the prestige of the institutions’. She has been indicted for the alleged “crimes against the prestige of the institutions” involving a potentially heavy fine (up to 30,000 euros) and a criminal record if convicted. States should demand that the authorities in Andorra unconditionally drop all charges against Vanessa and amend laws which violate the rights to freedom of expression and association.
Kadar Abdi Ibrahim (Djibouti) is a human rights defender and journalist from Djibouti. He is also the Secretary-General of the political party Movement for Democracy and Freedom (MoDEL). Days after returning from Geneva, where Kadar carried out advocacy activities ahead of Djibouti’s Universal Periodic Review (UPR), intelligence service agents raided his house and confiscated his passport. He has thus been banned from travel for five years. States should call on the authorities in Djibouti to lift the travel ban and return Kadar’s passport immediately and unconditionally.
Hong Kong civil society (Hong Kong): Until 2020, civil society in Hong Kong was vibrant and had engaged consistently and constructively with the UN. This engagement came to a screeching halt after the imposition by Beijing of the National Security Law for Hong Kong (NSL), which entered into force on 1 July 2020. States should urge the Hong Kong authorities to repeal the offensive National Security Law and desist from criminalizing cooperation with the UN and other work to defend human rights.
Maryam al-Balushi and Amina al-Abduli (United Arab Emirates), Amina Al-Abdouli used to work as a school teacher. She was advocating for the Arab Spring and the Syrian uprising. She is a mother of five. Maryam Al Balushi was a student at the College of Technology. They were arrested for their human rights work, and held in incommunicado detention, tortured and forced into self-incriminatory confessions. After the UN Special Procedures mandate holders sent a letter to the UAE authorities raising concerns about their torture and ill treatment in detention in 2019, the UAE charged Amina and Maryam with three additional crimes. The UN Working Group on Arbitrary Detention found their detention arbitrary and a clear case of reprisals for communicating with Special Procedures. In April 2021, a court sentenced them to three additional years of prison for “publishing false information that disturbs the public order”. States should demand that authorities in the UAE immediately and unconditionally release Maryam and Amina and provide them with reparations for their arbitrary detention and ill-treatment.
Other thematic reports
At this 53rd session, the Council will discuss a range of civil, political, economic, social and cultural rights through dedicated debates with the mandate holders and the High Commissioner, including:
The Special Rapporteur on the rights to freedom of peaceful assembly and of association
The Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
The Special Rapporteur on the right to freedom of expression
The Special Rapporteur on the right to health
The Special Rapporteur on extrajudicial, summary of arbitrary executions
The Special Rapporteur on promotion and protection of human rights in the context of climate change
The Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance
The Working Group on the issue of human rights and transnational corporations and other business enterprises
The High Commissioner on the importance of casualty recording for the promotion and protection of human rights
The Special Adviser to the Secretary-General on the Prevention of Genocide
In addition, the Council will hold dedicated debates on the rights of specific groups including:
The Working Group on discrimination against women and girls
The Special Rapporteur on violence against women and girls, its causes and consequences
The Special Rapporteur on the human rights of migrants
The Special Rapporteur on trafficking in persons, especially women and children
The Special Rapporteur on independence of judges and lawyers
#HRC53 | Country-specific developments
Afghanistan
The Human Rights Council will hold its Enhanced Interactive Dialogue on Afghanistan, with the Special Rapporteur on the situation in Afghanistan and the Working Group on Discrimination against Women in Law and Practice. The joint report of the two mandates follows up from an urgent debate held last year on the situation of women and girls in the country. Their visit to the country concluded that there exist manifestations of systemic discrimination violating human rights and fundamental freedoms in both public and private lives. ISHR has joined many around the world to argue that the situation amounts to gender apartheid, and welcomes the call of the two mandate holders to develop normative standards and tools to address this as “an institutionalised system of discrimination, segregation, humiliation and exclusion of women and girls”. The gravity and severity is urgent, and requires that States act on the ongoing calls by Afghan civil society to establish an accountability mechanism for crimes against humanity.
Algeria
On 15 June, fifteen activists and peaceful protesters will face trial in Algiers on the basis of unfounded charges which include ‘enrolment in a terrorist or subversive organisation active abroad or in Algeria’ and ‘propaganda likely to harm the national interest, of foreign origin or inspiration’. The activists were arrested between 23 and 27 April 2021, and arbitrarily prosecuted within one criminal case. If convicted of these charges, they face a prison sentence of up to twenty years. This case includes HRDs Kaddour Chouicha, Jamila Loukil and Said Boudour who were members of the LADDH before its dissolution by the Administrative Court of Algiers following a complaint filed by the Interior Ministry on 29 June 2022. We urge States to monitor the prosecution closely, including by attending the trial. We also urge States to demand that Algeria, a HRC member, end its crackdown on human rights defenders and civil society organisations, amend laws used to silence peaceful dissent and stifle civil society, and immediately and unconditionally release arbitrarily detained human rights defenders.
China
The recent findings of the Committee on Economic, Social and Cultural Rights in March, the Committee on the Elimination of Discrimination against Women in May, and the seven key benchmarks on Xinjiang by 15 Special Rapporteurs add up to wide range of UN expert voices that have collectively raised profound concern at the Chinese government’s treatment of Uyghurs, Tibetans, Hong Kongers and HRDs in mainland China. Seldom has the gap between the breadth of UN documentation on crimes against humanity and other grave violations and the lack of action by the Human Rights Council in response to such overwhelming evidence been so flagrant: the Council’s credibility is at stake. ISHR calls on the Council to promptly adopt a resolution requesting updated information on the human rights situation in Xinjiang, and a dialogue among all stakeholders on the matter. Governments from all regions should avoid selectivity, put an end to China’s exceptionalism, and provide a meaningful response to atrocity crimes on the basis of impartial UN-corroborated information.
The recent convictions of prominent rights defenders Ding Jiaxi and Xu Zhiyong to 12 and 14 years in jail respectively, and the recent detention of 2022 Martin Ennals awardee Yu Wensheng and his wife Xu Yan for ‘subversion of State power’ a year after his release, point to the need for sustained attention to the fate of HRDs in China. States should address in a joint statement the abuse of national security and other root causes of violations that commonly affect Uyghurs, Tibetans, Hong Kongers and mainland Chinese HRDs. States should also ask for the prompt release of human rights defenders, including human rights lawyers Chang Weiping, Yu Wensheng and Ding Jiaxi, legal scholar Xu Zhiyong, feminist activists Huang Xueqin and Li Qiaochu, Uyghur doctor Gulshan Abbas, Hong Kong lawyer Chow Hang-tung, and Tibetan climate activist A-nya Sengdra.
Egypt
Since the joint statement delivered by States in March 2021 at the HRC, there has been no significant improvement in the human rights situation in Egypt despite the launching of the national human rights strategy and the national dialogue. The Egyptian government has failed to address, adequately or at all, the repeated serious concerns expressed by several UN Special Procedures over the broad and expansive definition of “terrorism”, which enables the conflation of civil disobedience and peaceful criticism with “terrorism”. The Human Rights Committee raised its concerns “that these laws are used, in combination with restrictive legislation on fundamental freedoms, to silence actual or perceived critics of the Government, including peaceful protesters, lawyers, journalists, political opponents and human rights defenders”. Egyptian and international civil society organisations have been calling on the HRC to establish a monitoring and reporting mechanism on the human rights situation in Egypt, applying objective criteria and in light of the Egyptian government’s absolute lack of genuine will to acknowledge, let alone address, the country’s deep-rooted human rights crisis.
Israel and OPT
Civil society continues to call on the OHCHR to implement, in full, the mandate provided by HRC resolution 31/36 of March 2016 with regards to the UN database of businesses involved in Israel’s illegal settlement industry. The resolution mandated the release of a report containing the names of the companies involved in Israel’s settlement enterprise, to be annually updated. The initial report containing a list of 112 companies was released by the OHCHR in February 2020, three years after the mandated release date and despite undue political pressure. Since then, the UN database has not been updated. UN member states should continue to call on the OHCHR to implement the mandate in full and publish an annual update, as this represents a question of credibility of the Office of the High Commissioner and the Council.
The Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel will present its second report to the Council on 20 June. Member states should continue to support the work of the CoI to investigate the root causes of the situation in line with its mandate with a view to putting an end to 75 years of denial of the Palestinian’s people inalienable rights to self-determination and return. As the Palestinian people commemorate 75 years of Nakba (the destruction of Palestinian homeland and society), the CoI needs to address the root causes of the situation, including by investigating the ongoing denial of the Palestinian people’s right to self-determination and the return of refugees, as well as the ongoing forcible displacement of Palestinians on both sides of the Green Line in the context of Israel’s imposition of a system of colonial apartheid.
In addition, on 10 July, the Council will hold an interactive dialogue with the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967.
Saudi Arabia
In light of the ongoing diplomatic rehabilitation of crown prince and de facto ruler Mohammed bin Salman, the Saudi authorities’ brazen repression continues to intensify, as ALQST has documented. Some notable recent trends include, but are not limited to: the further harsh sentencing of activists for peaceful social media use, such as women activists Salma al-Shehab (27 years), Fatima al-Shawarbi (30 years and six months) and Sukaynah al-Aithan (40 years); the ongoing detention of prisoners of conscience beyond the expiry of their sentences, some of whom continue to be held incommunicado such as human rights defenders Mohammed al-Qahtani and Essa al-Nukheifi, and; regressive developments in relation to the death penalty, including a wave of new death sentences passed and a surge in executions (47 individuals were executed from March-May 2023), raising concerns for those currently on death row, including several young men at risk for crimes they allegedly committed as minors. We call on the HRC to respond to the calls of NGOs from around the world to create a monitoring and reporting mechanism on the ever-deteriorating human rights situation in Saudi Arabia.
Nicaragua
Continued attention should be paid by States at the HRC to the steadily worsening situation in Nicaragua. On 2 June, the spokesperson for the UN High Commissioner for Human Rights raised ‘growing concerns that the authorities in Nicaragua are actively silencing any critical or dissenting voices in the country and are using the justice system to this end’. The OHCHR reports 63 individuals arbitrarily detained in May alone, with 55 charged with ‘conspiracy to undermine national integrity’ and ‘spreading false news’ within one single night, without access to a lawyer of their choosing. States should express support for the monitoring and investigation work of the OHCHR and the Group of Human Rights Experts on Nicaragua (GHREN), and call on the Nicaraguan government to release the remaining 46 political prisoners, revoke its decision to strip deported political prisoners off their nationality, and take meaningful measures to prevent, address and investigate violence by armed settlers against Indigenous Peoples and Afro-descendants.
Russia
Russia’s war of aggression against Ukraine has also been accompanied by a domestic war of repression against human rights defenders, independent journalists and political dissent. Most recently, Russia has adopted a sweeping new law criminalising assistance to or cooperation with a range of international bodies, including the International Criminal Court, ad hoc tribunals, foreign courts and arguably even the UN Human Rights Council itself. This law is manifestly incompatible with the right to communicate and cooperate with international bodies, and a flagrant and institutionalised case of reprisal. With Russian authorities having been found by a UN-mandated Commission of Inquiry to be possibly responsible for crimes against humanity and war crimes, and having a closed and highly repressive environment for civil society (ranking 17/100 in the CIVICUS Monitor), Russia is plainly unfit to be elected to the UN Human Rights Council and should be regarded as an illegitimate candidate. States should support and cooperate with the mandate of the new Special Rapporteur on the human rights situation in Russia, as well as with the Commission of Inquiry into human rights violations and abuses associated with Russia’s illegal war of aggression against Ukraine.
Sudan
Since the beginning of the war in Sudan on 15 April 2023, increasing numbers of Sudanese WHRDs are receiving threats and subject to grave danger. WHRDs are facing challenges in evacuating from Sudan and face further protection risks in neighboring countries. Sudanese women groups and WHRDs are risking their lives to provide support, solidarity, and report on the rising numbers of sexual and gender-based violence crimes. Many survivors are trapped in fighting areas unable to access support, and the occupation of hospitals by RSF is hindering women’s access to health services. The Council must urgently establish an international investigation in Sudan with sufficient resources, including to investigate the threats and reprisals against WHRDs for their work, and to document sexual and gender-based violence. During the debate with the High Commissioner and designated expert on Sudan on 19 June, we urge States to condemn sexual and gender-based violence (SGBV). States should highlight the impacts of the war on women and girls, including sexual and reproductive health as well as lack of support services for survivors of SGBV. States should reaffirm the importance of participation of women and their demands, and amplify the critical work of WHRDs on the ground despite the imminent risks to their lives and safety. States should also condemn the increasing threats against WHRDs and demand their effective protection.
Venezuela
On 5 July, the High Commissioner will present his report on the human rights situation in Venezuela, which will include an assessment of the level of implementation of UN recommendations already made to the State. The Council focus on Venezuela remains critical at a time when some States’ efforts to normalize relations with Venezuela risk erasing human rights from key agendas. Council members and observers should actively engage in the interactive dialogue with the High Commissioner to make evident that the human rights situation in the country remains at the heart of their concerns. The human rights and humanitarian situation in the country remains grave. Human rights defenders face ongoing and potentially increasing restrictions. We urge States to:
Express concern about the NGO bill, sitting with the Venezuelan National Assembly, and call for it to be withdrawn. The potential implications of this bill are to drastically shrink civic space, including by criminalising the work of human rights defenders;
Call for the release of all those detained arbitrarily – including defender Javier Tarazona who has been held since July 2021 and whose state of health is deteriorating;
Call for the rights of human rights defenders and journalists to be respected including during electoral periods, with a mind to Presidential elections next year; and
Call on Venezuela to engage fully with all UN agencies and mechanisms, including OHCHR, and develop a clear plan for the implementation of UN human rights recommendations made to it.
Tunisia
Civil society organisations have raised alarm at the escalating pattern of human rights violations and the rapidly worsening situation in Tunisia following President Kais Saied’s power grab on 25 July 2021 leading to the erosion of the rule of law, attacks on the independence of the judiciary, a crackdown on peaceful political opposition and abusive use of “counter-terrorism” law, as well as attacks on freedom of expression. The High Commissioner has addressed the deteriorating situation in the three latest global updates to the HRC. Special Procedures issued at least 8 communications in less than one year addressing attacks against the independence of the judiciary, as well as attacks against freedom of expression and assembly. Despite the fact that in 2011 Tunisia extended a standing invitation to all UN Special Procedures, and received 16 visits by UN Special Procedures since, Tunisia’s recent postponement of the visit of the Special Rapporteur on the independence of judges and lawyers, is another sign of Tunisia disengaging from international human rights mechanisms and declining levels of cooperation. The upcoming session provides a window of opportunity for the Council to exercise its prevention mandate and address the situation before the imminent risk of closure of civic space in Tunisia and regress in Tunisia’s engagement with the HRC and its mechanisms is complete.
Syria
On 5 July, the Council will hold an interactive dialogue with the Commission of Inquiry on Syria. In a report to the Human Rights Council in 2021, the Commission of Inquiry on Syria called for the establishment of a mechanism to reveal the fate of the missing and disappeared. On 28 March 2023, during the 77th session of the UN General Assembly, the Secretary-General and UN High Commissioner for Human Rights briefed UN Member States on the situation of the missing in Syria, and the findings of the study conducted by the Secretary-General as mandated by Resolution UNGA 76/228. The study concluded that in order to address the situation of the missing in Syria and its impact on families’ lives, it is necessary to create an institution to reveal the fate and whereabouts of the disappeared and to provide support to their families. As discussions are taking place in the UNGA to adopt a resolution establishing a humanitarian institution to reveal the fate and whereabouts of the disappeared, civil society, led by the Truth and Justice Charter, urges States to support the families of the missing to know the truth about the fate and whereabouts of their loved ones by voting in favour of the resolution at the UNGA.
Other country situations
The High Commissioner will present the annual report on 19 June. The Council will hold an interactive dialogue on the High Commissioner’s annual report on 20 June 2023. The Council will hold debates 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:
Interactive Dialogue with the Special Rapporteur on Eritrea
Interactive Dialogues with the High Commissioner and the Special Rapporteur on Myanmar
Interactive Dialogue with the Special Rapporteur on Burundi
Interactive Dialogue with the High Commissioner on Ukraine
Interactive Dialogue with the Special Rapporteur on Belarus
Interactive Dialogue with the Fact-Finding Mission on Iran
Interactive Dialogue with the Independent Expert on Central African Republic
Appointment of mandate holders
The President of the Human Rights Council has proposed candidates for the following mandates:
Special Rapporteur on minority issues (Mr Nicolas Levrat, Switzerland)
Special Rapporteur on the human rights of migrants (Ms Anna Triandafyllidou, Greece)
Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism (Mr Ben Saul, Australia).
Resolutions to be presented to the Council’s 53rd session
At the organisational meeting on 5 June the following resolutions (selected) were announced (States leading the resolution in brackets):
Human rights situation in Syria (Germany, France, Italy, Jordan, Netherlands, Qatar, Turkey, USA, UK)
New and emerging digital technologies and human rights (Austria, Brazil, Denmark, South Korea, Morocco, Singapore)
Civil society space (Chile, Ireland, Japan, Sierra Leone, Tunisia)
Independence and impartiality of the judiciary, jurors and assessors, and the independence of lawyers – mandate renewal (Australia, Botswana, Hungary, Maldives, Mexico, Thailand)
Human rights of migrants (Mexico)
Mandate of the Special Rapporteur on the situation of human rights in Belarus – mandate renewal (EU)
Mandate of the Special Rapporteur on the human rights situation in Eritrea – mandate renewal (EU)
Business and human rights – mandate renewal (Russian Federation, Ghana, Argentina and Switzerland)
Extrajudicial, summary or arbitrary executions – mandate renewal (Finland, Sweden)
Situation of human rights of Rohiynga muslims and other minorities in Myanmar (Pakistan on behalf of OIC)
Adoption of Universal Periodic Review (UPR) reports
During this session, the Council will adopt the UPR working group reports on Argentina, Benin, Czechia, Gabon, Ghana, Guatemala, Japan, Pakistan, Peru, Republic of Korea, Sri Lanka, Switzerland and Zambia.
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. 5 panel discussions are scheduled for this upcoming session:
Panel discussion on the measures necessary to find durable solutions to the Rohingya crisis and to end all forms of human rights violations and abuses against Rohingya Muslims and other minorities in Myanmar
Annual full-day discussion on the human rights of women [accessible panel]. Theme: Gender-based violence against women and girls in public and political life
Annual full-day discussion on the human rights of women [accessible panel]. Theme: Social protection: women’s participation and leadership
Annual panel discussion on the adverse impacts of climate change on human rights [accessible panel]. Theme: Adverse impact of climate change on the full realisation of the right to food
Panel discussion on the role of digital, media and information literacy in the promotion and enjoyment of the right to freedom of opinion and expression [accessible panel]
The 52nd regular session of the Human Rights Council (HRC52) was held from Monday 27th February to Tuesday 4th April 2023.
On 7 March, the UN High Commissioner for Human Rights, Mr. Volker Türk presented an oral update on the human rights situation around the world. In his intervention, the High Commissioner referred to several situations around the world that raise human rights concerns and highlighted several developments. During the session, the High Commissioner also provided oral updates on Nicaragua and on Sudan on March 3, on the Bolivarian Republic of Venezuela on March 21, on the Democratic Republic of the Congo on March 30, and on Ukraine on March 31. These oral updates given by the High Commissioner provided the basis for the general debate under Item 2 on 7th and 8th March.
Ten new Special Procedures mandate-holders were appointed to the following mandates: the Special Rapporteur on the situation of human rights in the Russian Federation, the Special Rapporteur on the right to development, one member to the Working Group of Experts on People of African Descent (from Asia-Pacific States), four members to the Expert Mechanism on the Right to Development (one member from African States, one from Asia-Pacific States, one from Eastern European States and one from Western European and other States), two members to the Expert Mechanism on the Rights of Indigenous Peoples (one from Asia and one from the Arctic), and one member to the Working Group on Enforced or Involuntary Disappearances (one member from Latin American and Caribbean States).
43 texts (all resolutions) were considered by the Council. This represents a 23% increase in the number of adopted texts compared to one-year prior (HRC49). Of the 43 adopted texts, 28 were adopted by consensus (65%) and 15 by a recorded vote (35%).
After adopting 43 resolutions, the Council extended the mandates of ninethematic mandate-holders (i.e., adequate housing, foreign debt, freedom of opinion and expression, human rights defenders, migrants, minority issues, racism, sale and sexual exploitation of children, and torture), and ninecountry mandate-holders (i.e., Belarus, Democratic People’s Republic of Korea, the Islamic Republic of Iran, Mali, Myanmar, Nicaragua, South Sudan, Syrian Arab Republic, and Ukraine).
16 NGOs made a joint analysis:
That this Council has chosen to blatantly ignore the findings of the Fact Finding Mission (FFM) on Libya and end its mandate at a time when crimes against humanity are being perpetrated, with no sign of abating, is shocking. That it is set to replace it with a capacity-building resolution, with no ongoing monitoring and investigative component, is shameful. It sends a to message to abusive militias and armed groups that they can continue to perpetrate crimes under international law without fear of consequences. These crimes include arbitrary detention, murder, rape, enslavement, sexual enslavement, extrajudicial killing and enforced disappearance in detentions, and increasingly, repressive measures against civic groups. David Yambio, a co-founder and speaker of the self-organized protest movement Refugees in Libya and a refugee in Libya who was forcibly conscripted by the RADA militias, and sent to war fronts, asked UN Member States in his statement before the Council, if the mandate of the FFM on Libya is discontinued who will document the violations in Libya, including against migrants, and how will the victims find justice and accountability. Instead of appeasing unaccountable warlords and officials, the Council should let victims of violations in Libya and their loved ones know that they matter, and that committing a crime comes at a cost because no one is above the law. As a matter of priority, as per the FFM’s recommendations, the Council should establish an independent international investigative mechanism and an OHCHR established autonomous mechanism to monitor and report on gross human rights violations. See also: https://www.hrw.org/news/2023/04/07/weak-un-resolution-libya-exposes-eu-bias
We are deeply concerned by the push to undermine language on gender based discrimination and violence evidenced by the amendments tabled to replace gender with sex, or gender responsive with gender sensitive, across resolutions. This is a continuation of the trend at HRC sessions to deliberately use disinformation to attack gender equality and measures to address gender based discrimination. We remind States of their obligation to prevent and eliminate gender based discrimination and violence, it is not optional and should not be reduced in its scope. We are also deeply concerned by the attempts by some States to question the fact that a clean, healthy and sustainableenvironment is a universal human right, despite the recognition of this right by both the HRC and the UNGA, and in the context of the triple planetary crisis and the strong demands for environmental justice across the world. We are equally concerned about growing and coordinated efforts to undermine or outright delete standard language on the need for a ‘human rights based approach’ to development and other rights agendas, offering as a subpar substitute undefined and duplicative concepts such as a ‘people-centered approach.’
We welcome the adoption of the resolution on the human right to a clean, healthy and sustainable environment. The fact that all tabled amendments were massively rejected and that no State eventually called for a vote shows how much this right is important for the work of the HRC and for the international community as a whole.
We welcome the resolution on the contribution of the Human Rights Council with regard to the human rights implications of drug policy, which comes at a critical time, as States prepare for next year’s mid-term review of the 2019 political declaration. It underlines the role of the Human Rights Council, as the UN’s premier human rights body, in contributing to human rights strengthening throughout the UN system. We welcome that the resolution promotes an approach centered on human rights and public health, including harm reduction, and that some of the amendments tabled to weaken this approach were rejected, but we regret that other amendments aimed at continuing a harmful and punitive approach to drugs were adopted. We now call on States to ensure that they comply with their human rights obligations in the design and implementation of drug policies.
Civil society participation is a cornerstone of the HRC. It brings voices from local communities and organisations who can effectively inform the HRC of human rights priorities and needs on the ground. Yet the special emergency measures and ongoing budget constraints adopted by the HRC in 2019, 2020, 2021 and 2022, coupled with measures adopted to respond to the Covid-19 crisis, and the ongoing Strategic Heritage Plan, have heavily restricted civil society participation at the HRC. We appreciate the reinstatement of side events and request that the Council continues to work with UNOG and New York to ensure that side events are kept in place amidst the implementation of the Strategic Heritage Plan. We reiterate our calls on the HRC to maintain hybrid modalities (remote participation in all debates and informal consultations) for all Observers of the HRC (States and civil society organisations with ECOSOC status), as complementary to in-person participation; to reinstate General Debates in June sessions and maintain them unrestricted; and to ensure that efficiency is not prioritised over effectiveness, expertise and inclusiveness, including by addressing the chronic underfunding of the UN’s human rights pillar. Furthermore, civil society must be able to access and communicate with the HRC freely and safely. They should not be intimidated nor suffer reprisals related to that engagement.
We welcome the renewal of the mandate of the Special Rapporteur on Human Rights Defenders. Coinciding with the 25th anniversary of the Declaration on HRDs and the 75th anniversary of the Universal Declaration of Human Rights, this reflects that the unhindered work of defenders is integral to the realisation of all human rights for all people, particularly those who have suffered discrimination or repression.
We welcome the renewal of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, on the thirty-year anniversary of the creation of the mandate. Over 30 years, the mandate has played an essential role in creating a robust set of international standards and shaping how we understand the right to freedom of expression in the digital age, as well as responding to violations and helping ensure accountability and justice.
We welcome the renewal of the mandate of the Special Rapporteur on the sale, sexual exploitation and sexual abuse of children. We welcome the change in the title of the mandate in line with the Luxembourg Guidelines and the inclusion of children among the stakeholders the mandate should consult with.
We welcome the resolution on the situation of human rights in Belarus in the run-up to the 2020 presidential election and in its aftermath, given the strong report of the High Commissioner following the OHCHR examination of the human rights situation in Belarus, and the need to renew the mandate of the mechanism. However, we express disappointment that the call of Belarusian and international organisations to establish an independent investigative mechanism went unheeded.
We welcome the adoption by consensus of the resolution on the situation of human rights in the Democratic People’s Republic of Korea (DPRK) which renews the mandates of the Special Rapporteur and the OHCHR Seoul office, which are key avenues for accountability for victims and survivors. The consensus adoption demonstrates the isolation of the North Korean government and the universal condemnation of its grave violations of the human rights of its people. States should support efforts to document and preserve evidence of crimes for future prosecutions, and explore other pathways to bring to account those responsible for serious international crimes committed in North Korea.
We welcome the resolution on cooperation with Georgia, however we strongly urge Georgia to remain focused on addressing the human rights challenges in the territory within its control, not just in the Georgian territories of Abkhazia and the Tskhinvali region/South Ossetia.
While we welcome the resolution on technical assistance in Haiti, we regret that the Human Rights Council took years before putting Haiti back on its agenda. Since the discontinuation of the independent expert in March 2017, the human rights situation in Haiti has deteriorated rapidly. The security crisis has exacerbated inequalities and has pushed thousands of Haitians to be forcibly displaced. This situation has been noted by the report of the OHCHR of February 2023 and by the High Commissioner himself after his official visit earlier this year. We also welcome that the resolution envisages the creation of an Office of the High Commissioner in the future.
We welcome the adoption of the resolution on the situation of human rights in the Islamic Republic of Iran, and the change of approach from a purely procedural resolution merely renewing the mandate of the UN Special Rapporteur on human rights in Iran to a more substantial resolution addressing some of the key issues of concern, including violations committed in the context of the repression of recent protests, violations of the rights of women and girls and of minorities, illegal use of the death penalty and persistent impunity for violations of human rights. For the first time ever, the HRC has adopted a resolution, through which it collectively expresses alarm at these “widespread, repeated and persistent” violations and urges Iranian authorities to take action on them. We also welcome the increased support from States from all regions to this resolution, and we note with appreciation that opposition to the renewal of the mandate has significantly decreased at this session, reflecting growing concerns with the situation of human rights in Iran since the repression of the protests started in September 2022 following the custodial death of Jina Mahsa Amini.
We welcome the resolution on the situation of human rights in Myanmar maintaining the situation high on the agenda of the HRC and reaffirming the Council’s collective condemnation of the grave violations and abuses of international human rights and humanitarian law in the country. However, we regret that despite clear, repeated calls by the Special Rapporteur and civil society, the Council once again failed to call for a comprehensive arms embargo on Myanmar to prevent the ongoing violations, especially indiscriminate airstrikes on civilians and civilian infrastructure.
We welcome the resolution on the promotion and protection of human rights in Nicaragua that consolidates and extends for two years the mandates of the Group of Human Rights Experts and the OHCHR, with a new emphasis on violence against Indigenous Peoples and Afrodescendants, those forcibly displaced and striped of nationality, and reprisals, including against EMRIP member Anexa Cuningham. The exceptional two-year extension is a sheer reflection of the sustained worsening and gravity of the country’s human rights crisis – where the Group of Experts found crimes against humanity -, fueled by the government’s unprecedented lack of engagement with the UN system. The Group of Experts will be able to deepen its investigation, further identify perpetrators, and preserve evidence for justice processes.
We welcome the resolution on the situation of human rights in Ukraine stemming from the Russian aggression. The report of the Independent International Commission of Inquiry (COI) was clear: war crimes are being committed in Ukraine and the patterns of serious violations suggest other crimes are likely being committed as well, including crimes against humanity. Given the need for further investigation, the HRC is right to mandate the COI for a further year.
We welcome the renewal of the mandate of the Commission of Inquiry on Syria and call on the Council to continue to support scrutiny and accountability for gross human rights violations committed in Syria. We welcome the language in the resolution in support of the establishment of an international mechanism for the missing in Syria, and we call on UN Member States to support the creation of such an institution at the General Assembly.
We welcome the adoption of a resolution that further extends the mandate of the Commission on Human Rights in South Sudan. Such a mechanism remains vital as the conditions that prompted the Council to establish the Commission, in 2016, have not significantly changed to warrant less scrutiny. Regarding this and other country situations, the Council should stand steadfast in support of accountability for grave violations. We stress that a purely technical assistance and capacity-building focus would be unsuitable to tackle South Sudan’s serious human rights challenges and would risk further emboldening those who perpetrate the most serious crimes.
We regret that the Council failed to respond adequately to several human rights situations including Algeria, China, Egypt, India, and Saudi Arabia.
We regret that the Council failed to respond to the situation in Algeria. Since the beginning of the Hirak pro-democracy movement in Algeria, more than 5500 Algerians have been prosecuted for exercising their fundamental rights and freedoms. According to the documentation of activists in the country, more than 70% of the people detained are in pre-trial detention. In the context of heightening repression against activists and closure of civic space, more than 500 individuals are prosecuted on the basis of so-called terrorism charges pursuant to the 2021 amended article 87 bis of the penal code. Between 2022 and 2023, four Algerians were condemned to lengthy prison sentences ranging between 10 and 15 years on the basis of this article. UN Special Procedures have continued to address the situation in Algeria, regarding the increased use by the authorities of ‘national security laws to prosecute people who exercise their rights to freedoms of opinion and expression, and peaceful assembly and association’ and raise ‘alarm at the extent of crackdown on dissent in Algeria’. In her statement on 22 February 2023, Special Rapporteur on human rights defenders addressed the dissolution of two leading human rights associations, and said “acts of intimidation, silencing and repression against the human rights movement must end”. Algeria, a member of the Council, is failing to cooperate with the Council and its mechanisms, including in the context of the UPR review where Algeria did not accept several important recommendations, especially with regards to amending the counter-terrorism law to meet international law requirements, to guarantee the protection of human rights defenders, and fundamental freedoms, including freedom of assembly and expression.
We regret the ongoing failure of the Council to respond meaningfully to the OHCHR Xinjiang report through a resolution on China. The Council’s ‘China exceptionalism’, facilitated by but by no means solely attributable to the OIC’s shameful double-standards, not only weakens its credibility but also undermines the confidence of victims and human rights defenders everywhere in its ability to respond to international crimes orchestrated by the most powerful governments. With a historic Urgent Action ruling by the CERD in November, countless Treaty Bodies recommendations, an OHCHR report, and three joint statements by over 40 Special Procedures experts, the UN system cannot be clearer: the crisis is severe, and so should be the Council’s response to it.
We regret that the Council failed to respond to the situation in Egypt. Egyptian and international civil society organisations have been calling on the Council to adopt a resolution on the human rights situation in Egypt. The human rights situation in Egypt merits the Council’s attention according to the objective criteria which States from all regions have committed to apply on whether a situation merits the HRC’s attention. Yet, civil society’s request for HRC action at the 52nd session was declined. WHRD Sanaa Seif, sister of arbitrarily detained British-Egyptian human rights defender Alaa Abdel Fattah, came to the HRC to advocate for her brother’s release and the thousands others arbitrarily detained in Egypt. She told the Council “you can’t keep turning a blind eye on Egypt”, and urged the Council to address the human rights crisis in Egypt.
We regret that the Council once again failed to respond to the situation in India, despite the systematic rollback of fundamental freedoms, the rule of law and independent institutions as well as the ongoing harassment, intimidation and criminalisation of human rights defenders, journalists, and dissidents, and targeting of civil society organisations using national security and counter-terrorism infrastructure. The Council also has responsibility to take appropriate action to prevent potential atrocity crimes against minorities, especially Muslims, as a result of the increasing discrimination and incitement to violence often by Hindu nationalist leaders.
We regret that the Council failed to respond to the situation in Saudi Arabia, where the situation meets the objective criteria. According to ALQST’s 2022 annual report, the Saudi authorities continue patterns of abuse, including arbitrary arrests, severe jail sentences for peaceful, legitimate activity on social media, enforced disappearances, systemic gender discrimination, and harsh restrictions on prisoners of conscience released from prison, including travel bans, thus further deepening the climate of fear. We reiterate our call on the HRC to create a monitoring and reporting mechanism on the ever-deteriorating human rights situation in Saudi Arabia.
Signatories:
ARTICLE 19
Asian Forum for Human Rights and Development (FORUM-ASIA)
Association for Progressive Communications (APC)
Cairo Institute for Human Rights Studies (CIHRS)
Child Rights Connect
CIVICUS: World Alliance for Citizen Participation
Commonwealth Human Rights Initiative (CHRI)
DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
Franciscans International
Gulf Centre for Human Rights
Impact Iran
International Bar Association’s Human Rights Institute (IBAHRI)
Eric Goldstein, Deputy Director, Middle East and North Africa Division of Human Rights Watch, wrote on 8 February 2023 about the demise of Algeria’s first independent human rights league, and do so with a personal touch.
“Shortly after I started my first human rights job in 1986, Amnesty International issued an alert about a group of Algerians sentenced to up to three years in prison for creating the country’s first independent human rights league.” The league became a fixture of the transnational Arab human rights movement in the early 1990s. Those events came to mind as I learned of an Algerian court’s decision, issued in 2022 but made public in January 2023, to dissolve the league, in response to a petition by the ministry of interior. The court found that the group had violated Algeria’s regressive law on associations by failing to “respect national constants and values” when it met with nongovernmental organizations “hostile to Algeria” and engaged in “suspicious activities” such as “addressing … the issue of illegal migration” and “accusing the authorities of repression of protests.”
The LADDH loudly denounced abuses during the bloody 1990s. After the terrorism and savage repression of that decade subsided, the League accompanied families of the disappeared in demanding answers and justice. Recently, it supported protesters of the peaceful Hirak movement that burst onto the scene in 2019, demanding political reform. Ali Yahia Abdennour, who was among those arrested in 1985 and served as president of the LADDH for decades, died at 100 in 2020.
The LADDH is the latest of several independent organizations authorities have shut on flimsy pretexts. They have jailed hundreds of Hirak protesters for peaceful expression and practically obliterated Algeria’s independent media – another product of the 1989 reforms – most recently by arresting on December 24 Ihsane Kadi and sealing the offices of his two online outlets, Radio M and Maghreb Emergent.
Fearing arrest, activists have been fleeing the country when they have not been arbitrarily blocked at the border, including three prominent League figures now in exile in Europe.
The pretexts used to shut Algeria’s flagship human rights organization are no less absurd than those used to convict its founders four decades ago. Though much has changed since the 1988 protests, Algeria is governed once again by those who brook almost no dissent.
38 NGOs, including HRW and AI, ask Algeria to end the repression of human rights and the “immediate” release of detainees. They have launched a campaign calling on Algeria to end the repression of Human Rights and demand the immediate release of people detained in the country for exercising their freedom of expression. “The campaign calls on all relevant individuals, organizations and parties to contribute to collectively demanding an end to the criminalization of the exercise of fundamental freedoms in Algeria using the label At least 300 people have been arrested since the beginning of 2022, and until April 17, in the country for exercising their right to free expression, peaceful assembly or association, according to human rights defender Zaki Hannache. “The arrests and sentences of peaceful activists, independent trade unionists, journalists and human rights defenders have not decreased, even after the protest movement was closed,” they said in a statement. The organizations have given the example of the hunger strike of the Algerian activist, Hadi Lassouli, to protest against his arbitrary imprisonment, as well as the case of Hakim Debazi, who died in custody on April 24 after being placed in preventive detention on April 22. February for social media posts. “Those suspected of criminal responsibility for serious human rights violations must be brought to justice in trials with due guarantees, and the authorities must provide victims with access to justice and effective reparations,” they have requested. This awareness campaign will be carried out until the anniversary of the death of Kamel Eddine Fejar, a human rights defender who died in custody on May 28, 2019 after a 50-day hunger strike. The United Nations High Commissioner for Human Rights, Michelle Bachelet, was “concerned” last March at the increase in fundamental restrictions in the country, including an increase in arrests and detentions of human rights defenders, as well as members of civil society and political opponents. “I call on the government to change course and take all necessary measures to guarantee the rights of its people to freedom of expression, association and peaceful assembly,” she said in a statement from the UN High Commissioner for Human Rights.