Posts Tagged ‘Andrew Gilmour’

Human Rights and Climate defenders should join hands says Andrew Gilmour

February 5, 2020

The Korea Herald of 4 February 2020 carries an opinion piece by Andrew Gilmour (former UN assistant secretary-general for human rights) entitled “Preventing climate change is a human rights issue”. In it he makes a strong case for human rights and climate groups to work more togehter:
…They’d seem to be natural allies. They both regard (with good reason) today’s situation as the worst in their movements’ existence. Second, they share common foes: Leading climate change deniers and environmental despoilers tend to be dismissive of human rights (Presidents Rodrigo Duterte, Donald Trump, or Jair Bolsonaro, to name but three). Third, both movements are accused of being “elitist” by their opponents, a charge neither group of activists has done enough to overcome.  But the two groups haven’t historically worked closely together.

…. In a seminal UN report last spring, Philip Alston castigated the human rights community for its failure to face up to the fact that “human rights might not survive the coming upheaval.” The idea that democratic systems failed to prevent global heating may well take hold, with a resulting urge to strengthen state powers at the cost of rights and freedoms.

To prevent this from happening, human rights advocates and environmentalists both need to broaden their mobilization campaigns by reaching out to groups who have traditionally not been allies of either movement. From Europe to the US to Australia, an alliance of populist leaders, corporate lobbyists and the Murdoch-owned press have pushed the idea that any gains for human rights or environmental protection will come at the expense of jobs. For example, the “gilets jaunes” protests in France were provoked, in part, by a fuel tax hike designed to reduce carbon emissions. (“Fin du monde, fin du mois” was one rallying cry — stop talking about the end of the world, when we’re just trying to get to the end of the month.)

Fossil fuel workers, cattle farmers and others need to know that they will still have livelihoods after serious measures have been taken to reduce global heating. Governments, NGOs and the private sector can offer such assurances through reskilling programs and subsidies for alternative land management and carbon sequestration. Without job security, too many people will remain vulnerable to wealthy climate science deniers — such as the Koch brothers — who have been able to convince them that climate change is basically a hoax against the “people” perpetrated by the “elite.”

Activists and sympathetic local officials must also work harder to win over indigenous people. In many countries, including Brazil, the Philippines and Honduras, there are examples of indigenous groups resisting renewable energy projects. Not because they are politically opposed to renewable energy, but because they have traditionally not been consulted about enterprises inflicted on them within their traditional lands and waters.

Climate and human rights activists should be reaching out to these groups to get their buy-in. Governments should be transferring ownership of forested land back to the indigenous communities who have proven time and again to be the most effective guardians of their own ecosystems. Instead, indigenous people are being attacked — literally. In 2017, an average of three indigenous, environmental or land rights defenders were killed every week worldwide.

Collaboration between human rights advocates and environmentalists will make it more likely that we come together to reduce emissions and mitigate the worst effects of climate change — and that we do so equitably. But the first step is to create far stronger bonds between the leaders and activists of each cause. Until both sides have fully recognized that neither agenda can be achieved without the other, they will continue to under-perform against their powerful opponents.

http://www.koreaherald.com/view.php?ud=20200203000932

Sad end of year message by Andrew Gilmour as he leaves his UN post

December 29, 2019

His assesment of the human rights situation – as laid down in the article ofThe past decade has seen a backlash against human rights on every front, especially the rights of women and the LGBT communities. Andrew Gilmour said the regression of the past 10 years hasn’t equaled the advances that began in the late 1970s — but it is serious, widespread and regrettable. He pointed to “populist authoritarian nationalists” in North America, South America, Europe and Asia, who he said are taking aim at the most vulnerable groups of society, including Myanmar’s Rohingya Muslims, Roma, and Mexican immigrants, as well as gays and women. He cited leaders who justify torture, the arrests and killing of journalists, the brutal repressions of demonstrations and “a whole closing of civil society space.”

I never thought that we would start hearing the terms ‘concentration camps’ again,” Gilmour told The Associated Press in an exclusive interview. “And yet, in two countries of the world there’s a real question.” He didn’t name them but appeared to be referring to China’s internment camps in western Xinjiang province, where an estimated 1 million members of the country’s predominantly Muslim Uighur minority are being held; and detention centers on the United States’ southern border, where mostly Central American migrants are being held while waiting to apply for asylum. Both countries strongly deny that concentration camp-like conditions exist.

….Despite his dim view of the past decade, Gilmour — a Briton who previously worked in politics and journalism — said he didn’t want to appear “relentlessly negative.” “The progress of human rights is certainly not a linear progression, and we have seen that,” he said. “There was definite progression from the late ’70s until the early years of this century. And we’ve now seen very much the counter-tendency of the last few years.”

He pointed to the fact that in the past eight years or so, many countries have adopted laws designed to restrict the funding and activities of nongovernmental organizations, especially human rights NGOs. And he alleged that powerful U.N. member states stop human rights officials from speaking in the Security Council, while China and some other members “go to extraordinary lengths to prevent human rights defenders (from) entering the (U.N.) building even, let alone participate in the meetings.”…..

The rights of women and gays are also at stake, Gilmour said. He said nationalist authoritarian populist leaders such as Hungarian Prime Minister Viktor Orban, Russian President Vladimir Putin and Turkish President Recep Tayyip Erdogan, have made “derogatory comments” about both groups. He said the U.S. is “aggressively pushing” back against women’s reproductive rights both at home and abroad. The result, he said, is that countries fearful of losing U.S. aid are cutting back their work on women’s rights. Gilmour also pointed out a report issued in September that cited 48 countries for punishing human rights defenders who have cooperated with the U.N. [See: https://humanrightsdefenders.blog/2019/12/10/andrew-gilmour-in-the-financial-times-about-reprisals/]

I feel that we really need to do more — everybody … to defend those courageous defenders,” he said. Gilmour said the U.N. should also stand up when it comes to major violations of international law and major violations of human rights, but “I have found it extremely difficult to do so in all circumstances.

..Gilmour said that after his departure from the U.N, he will take a fellowship at Oxford’s All Souls College, where he will focus on the importance of uniting human rights and environmental rights groups. “The human rights impact of climate change — it’s going to be so monumental,” he said.

What gives me hope as we start a new decade is that there will be a surge in youth activism that will help people to get courage, and to stand up for what they believe in,” he said.

https://apnews.com/1d7e80128857308743224aaaf28cd5f8

Andrew Gilmour in the Financial Times about reprisals

December 10, 2019

On the occasion of International Human Rights Day 2019, Andrew Gilmour – the UN assistant secretary-general for human rights – wrote an opinion piece in the Financial Times stressing that the UN must protect human rights defenders from government reprisals against them….

Within the global movement, it’s widely accepted that the onslaught on the human rights agenda is more ferocious now than ever before. ……..We estimate that, around the world, several hundred people have been punished for co-operating with the UN since 2016 when I was assigned responsibility for dealing with this issue. Reprisals can take many forms — I’ve been presented with countless stories of travel restriction, threats from security agents, internet abuse, arrest, imprisonment and even torture, rape, disappearance and killing. The aim is punishment and/or deterrence. And it often works. Despite the staggering courage of many human rights defenders, who persist in exposing violations notwithstanding their knowledge of the likely consequences, others understandably self-censor their actions and words.

For his annual report see: https://humanrightsdefenders.blog/2019/09/23/andrew-gilmours-2019-report-on-reprisals-it-gets-worse-but-response-remains-mostly-rhetoric/

…..Even though reprisals appear to be on the rise, however, there are grounds for optimism. More countries now take the issue seriously. They condemn such acts and warn against the scope of the problem, which many recognise has an impact on the global discourse on any matter related to human rights — development, the environment, protection of civilians in conflict settings and even preventing terrorism. When people are cowed into silence, governments and inter-governmental organisations are deprived of the full picture, and that makes their actions in any of these spheres less effective. Increased awareness that there is a growing problem with intimidation and reprisals against human rights defenders is vital. But so is the courage to speak out on behalf of the victims of such actions, even if the perpetrators are hugely powerful, such as the Chinese authorities, whose efforts to silence almost anyone from speaking out are often draconian and can extend even into UN headquarters. There are many brave people who are ready to withstand the threats of their own governments and provide information to the UN, even when the price for doing so can be horrific. Surely everyone at the world body, starting with its member states, has a moral obligation to show at least a fraction of that courage and speak up in defence of those beleaguered front-line defenders. Such is the nature of the governments that carry out most reprisals that only a firm international response of solidarity can have any chance of halting this ominous trend.

For some of my other posts on reprisals see: https://humanrightsdefenders.blog/tag/reprisals/

—-

https://www.ft.com/content/e339fe22-1a66-11ea-81f0-0c253907d3e0

Andrew Gilmour’s 2019 report on reprisals: it gets worse but response remains mostly rhetoric

September 23, 2019

UN Human Rights Office). The study documents incidents from nearly 50 countries, such as the detention and imprisonment of activists, and the filming of participants at meetings, including on UN premises, without their consent.  Andrew Gilmour, UN Assistant Secretary-General for Human Rights, said there are also cases of authorities threatening and harassing relatives of activists. “Some governments seem prepared to go to almost any lengths to punish people who cooperate with us.  This may actually underscore the justice of the victims’ causes,” he said. The report covers the period from 1 June 2018 to 31 May of this year.  It also notes misuse of online spaces to promote hate speech, cyberbullying and smear campaigns, particularly against women and lesbian, gay, bisexual, transgender and intersex persons. Mr. Gilmour expressed concern over the continued trend in the use of national security arguments and counter-terrorism strategies as justification for blocking access to the United Nations. “Reported cases include individuals or organizations being charged with terrorism, blamed for cooperation with foreign entities or accused of damaging the reputation or security of the State. These have also been used to justify restrictions on foreign funding,” he wrote in the report’s conclusions and recommendations. “A disproportionate number of cases of enforced disappearance or detention, many which have been deemed arbitrary by United Nations experts, relate to these national security arguments. This is a worrisome trend that I have addressed publicly, including in my previous report, and, regrettably, it continues.” He said the UN will continue to strengthen its response to these developments, including through improved reporting on allegations.  However, he added, the onus remains on countries as “Member States must be accountable for their own actions and practices, and provide remedy when reprisals occur. [see also: https://humanrightsdefenders.blog/2019/09/17/intimidation-and-reprisals-on-un-premises-ngos-ask-for-more-action/%5D

However, the ISHR – which has followed the phenomenon much more systematically, made a more detailed and sombre assessment on 19 September: “Beyond rhetoric – States should step up efforts to prevent reprisals”

See also: https://humanrightsdefenders.blog/tag/42nd-session-of-the-un-human-rights-council/] and https://humanrightsdefenders.blog/2019/09/17/intimidation-and-reprisals-on-un-premises-ngos-ask-for-more-action/]

It notes that during the second interactive dialogue on reprisals with the Assistant Secretary-General, only Germany and Costa Rica raised specific cases of reprisals in Egypt and Nicaragua, respectively. The Bahamas and the Maldives shared good practices. Other States condemned reprisals rhetorically, expressing particular concern about reprisals and intimidation against women human rights defenders and LGBTIQ defenders, as well as by Council members.

During the dialogue Germany followed up again on the case of Egyptian lawyer Ebrahim Metwally who was arrested on his way to Geneva to attend a meeting with the Working Group on Enforced and Involuntary Disappearances. He was tortured and has been detained since September 2017. During the first interactive dialogue in September 2018, Germany was the only country to raise concern over an individual victim of reprisals. Costa Rica was the only other country to raise a specific situation of reprisals this year: it expressed particular concern about acts of intimidation and reprisals in Nicaragua.

The Bahamas responded to the allegations of intimidation and reprisals against woman human rights defender Alicia Wallace after she engaged with the Committee on Elimination of all forms of Discrimination against Women (CEDAW). She and her colleagues were subjected to hate speech by a well-known radio personality, the effect of which was to create an unsafe environment for Ms. Wallace and other women human rights defenders. The Bahamas affirmed its commitment to protect human rights defenders and ensure that they can engage freely with the UN. The delegation told the Council that authorities proactively provided assistance to Ms. Wallace to guarantee her safety.

The Maldives also told the Council that it is investigating the deaths of human rights defender Yameen Rashid and journalist Ahmed Rilwan to bring the perpetrators to justice; that the defamation law providing imprisonment sentences for journalists was repealed in November 2018; and that an amendment to the Human Rights Commission Act is currently considered in parliament, which would guarantee that the Commission can communicate with international organizations. The Maldives agreed with the Assistant Secretary-General that the powerful impact of prevention is through a zero tolerance policy for reprisals and committed to condemn all reprisals as a matter of urgency. The Maldives admitted that that they ‘have seen it first hand and do not want to bear witness to it again!’.

In its statement during the interactive dialogue, ISHR asked the Assistant Secretary-General what steps should be taken to ensure a more comprehensive report to the Council. This came in response to notably missing cases that ISHR submitted implicating Brazil, Russia and the United States.  The Assistant Secretary-General acknowledged ISHR’s leading role in efforts to end reprisals, expressed his concern regarding the situations mentioned, but disagreed with ISHR’s statement that Secretary-General Guterres is pandering to certain States, ignoring victims’ legitimate claims and undermining efforts to protect victims from reprisals. He explained that the particular case raised by ISHR concerning remarks made by the then U.S. National Security Adviser, Mr. John R. Bolton, and the U.S. Secretary of State, Mike Pompeo did not fall under the reporting mandate of the Secretary-General as the intimidation related to the International Criminal Court. However, ISHR recalls that the Secretary General’s 2018 reprisals report stated that ‘while recognising the independent judicial character of the International Criminal Court, the Court is regarded as a related organisation in the United Nations’ and cases related to the ICC have been included several times previously, for example:

  • The 2018 reprisals report documented that two defenders in Iraq faced reprisals after attending a preparation meeting for a conference aimed at calling on Iraq to join the Court (para 29).
  • The 2017 reprisals report included Israel in the reprisals report regarding incidents of reprisals and intimidation of defenders engaging with or promoting engagement with the International Criminal Court (para 39).

Read ISHR’s full statement at the interactive dialogue here.

UN human rights report shows rise in reprisals against activists, victims

https://www.ishr.ch/news/hrc42-beyond-rhetoric-states-should-step-efforts-prevent-reprisals

 

 

Intimidation and Reprisals on UN premises – NGOs ask for more action

September 17, 2019

On 23 August 2019, 23 NGOs wrote to the United Nations to raise concerns over the alarming pattern of intimidation and reprisals faced by members of civil society during sessions of the Human Rights Council and Treaty Bodies. The letter calls on the ASG to raise this issue during his speech before the HRC on 19 September 2019, and urges the OHCHR to take measures to ensure that such acts of reprisals are not repeated in the future. See: https://humanrightsdefenders.blog/2019/09/05/human-rights-defenders-issues-at-the-42nd-session-of-the-un-human-rights-council/

Below is the original text of the letter, as sent to the UN representatives in question:

To: Mr Andrew Gilmour, Assistant Secretary-General for Human Rights; H.E. Mr Coly Seck, Permanent Representative of Senegal and President of the Human Rights Council; Mr Michel Forst, Special Rapporteur on the situation of human rights defenders

Mr Gilmour, 

We, the undersigned organisations, write to raise deep concerns about a consistent pattern of intimidation and reprisals faced by members of civil society from around the world during sessions of the Human Rights Council (HRC) and the Treaty Bodies. We are particularly concerned by acts of intimidation perpetrated by representatives of and individuals affiliated with government parties. 

During the 41st session of the HRC, staff of Permanent Missions and individuals wearing non-diplomatic badges, who were later verified as working with UN Member and Observer States, attended our side-events, and blatantly eavesdropped on our conversations, recorded our comments, took photos and videos of the audience, and made threatening gestures and remarks. 

We are all the more concerned as this is not the first time that human rights defenders and other individuals engaging with the HRC have faced acts of harassment and intimidation. Rather, these tactics are part of a consistent and systematic pattern of behaviour that we have unfortunately come to anticipate and expect at every session of the HRC. 

Furthermore, HRDs engaging with the Treaty Bodies also face intimidation and reprisals perpetrated by representatives of and individuals affiliated with government parties. There have been multiple instances of so-called “GONGOs” – governmental non-governmental organisations – registering for confidential and closed briefings with Treaty Bodies’ members. This allows them to know exactly who among civil society is present during these briefings. There has also been cases of briefings that have been filmed without the permission of NGOs. 

What is more, governments’ support given to GONGOs means that they are often granted consultative status with the UN. On the contrary, independent NGOs continue to be denied the ECOSOC status, demonstrating that reprisals against HRDs also occur within the UN system. In addition, the proliferation of GONGOs both at the HRC and Treaty Bodies, allows them to influence the discourse about human rights in a particular state or region, thus minimising the real issues at stake. 

The aforementioned acts of harassment and intimidation are concerning not only because they create an atmosphere of fear and self-censorship, but also because numerous human rights defenders who have travelled to Geneva to participate in HRC or Treaty Body sessions have faced reprisals upon their return to their countries as a direct result of this. As such, we take these acts of intimidation very seriously and submit that they may result in further acts of retaliation.

We note with appreciation that the current president of the HRC, his Excellency Mr Coly Seck, Permanent Representative of Senegal, addressed some of the issues raised in this letter during the final meeting of the 41st session of the HRC. He expressed his concern that “civil society organisations continue to face intimidation and reprisals” and pointed out that a number of cases had been reported to him, including of verbal harassment and unauthorised photographs taken during side-events. He emphasised that “any acts of intimidation against any individual or group that attempts to cooperate with the Human Rights Council is unacceptable”, and reminded Member and Observer States of their responsibility to ensure that civil society operate in a safe space. 

In addition, in July 2019, Unrepresented Nations and Peoples Organisation, working in conjunction with the University of Oxford, Tibet Justice Centre and the Economic and Social Research Council launched the report “Compromised Space for Unrepresented Peoples at the United Nations”. Based on interviews and testimonies from 77 HRDs working on behalf of minorities, indigenous communities and other unrepresented peoples, it identifies a systematic attack on the UN human rights system by certain governments. This is characterised by “blocking tactics […] including deferring ECOSOC status decisions, and intervening in plenary statements, to more overt instances of harassment, intimidation and outright violence, which constitute state reprisals”. Such challenges are compounded for HRDs from minority, indigenous and marginalised groups.

While we acknowledge that HRC presidents, the Office of the High Commissioner for Human Rights’ (OHCHR) reprisals team, the Treaty Bodies’ focal points for reprisals and yourself have all previously raised awareness on this issue, we strongly believe that there is a need to draw further attention to such acts of intimidation and harassment. We further note that to date, the OHCHR has not developed a systematic and practical response to the practices outlined in this letter. 

It is our contention that failure to sanction reprisals on UN premises will only embolden such acts elsewhere. Therefore, we call on you to raise this grave pattern during the presentation of the UNSG annual report on reprisals during the 42nd session of the HRC. We also call on you to urge the OHCHR to take measures to ensure that such acts of intimidation do not happen in the future. 

Yours sincerely, 

  1. Access Now 
  2. ALQST 
  3. Association for Victims of Torture in the UAE 
  4. Americans for Democracy and Human Rights in Bahrain 
  5. Bahrain Institute for Rights and Democracy
  6. CIVICUS: World Alliance for Citizen Participation
  7. CCPR Centre 
  8. Committee for Justice 
  9. European Saudi Organisation for Human Rights 
  10. Global Campaign for Equal Nationality Rights
  11. MENA Rights Group 
  12. The Omani Centre for Human Rights
  13. OMCT
  14. Institute on Statelessness and Inclusion 
  15. International Campaign for Freedom in the UAE 
  16. International Centre for Justice and Human Rights 
  17. International Movement Against All Forms of Discrimination and Racism 
  18. Right Livelihood Foundation 
  19. Rights Realization Centre 
  20. Salam for Democracy and Human Rights
  21. Statelessness Network Asia Pacific 
  22. Unrepresented Nations and Peoples Organization
  23. World Uyghur Congress 

https://unpo.org/article/21663

 

Ending reprisals: side event in Geneva on 18 September

September 13, 2019

I provided already a list of side events at the 42nd Session of the UN Human Rights Council [https://humanrightsdefenders.blog/2019/09/09/42nd-session-of-the-human-rights-council-list-of-side-events/]. Here is one that is really crucial: Ending reprisals: Discussion with human rights defenders and experts.

It takes place on Wednesday, 18 September 2019, 4:30 pm – 5:30 pm in Room VIII, Palais des Nations, Geneva

The event seeks to provide a space for human rights defenders and experts to shed light on the nature and extent of reprisals and intimidation against those cooperating with the UN; discuss and expand on the Secretary-General’s report; and consider efforts to date to address reprisals and intimidation against those cooperating with the UN as well as ways to further develop and strengthen policies and practices to prevent and address reprisals.

Panellists:

Moderator:  Phil Lynch, ISHR Director

For some of my earlier posts on reprisals (among many): https://humanrightsdefenders.blog/tag/reprisals/

 

https://mailchi.mp/ishr/alert-to-the-human-rights-councils-35th-session-32381?e=d1945ebb90

No naming and shaming on reprisals at 39th Human Right Council session

October 5, 2018

On my ‘favorite’ topic of reprisals [see e.g.: https://humanrightsdefenders.blog/tag/reprisals/ ] the ISHR reported that for the first time, the Human Rights Council had a chance to have a dialogue on the Secretary-General’s annual report on reprisals on 20 September 2018. Civil society had hoped States would seize this opportunity to denounce States carrying out reprisals against defenders engaging with the UN. Regrettably only one State, Germany, made explicit reference to a case of reprisal in the report. ‘We welcome in particular Germany’s intervention in the dialogue, citing the case of Egyptian lawyer Ibrahim Metwally, detained since October 2017 by the Egyptian authorities’, said Salma El Hosseiny, ISHR Human Rights Council Advocate. ‘This is precisely what we need more of—States having the courage and conviction to stand up for defenders and call out countries that attack and intimidate them. What we see now is defenders dissuaded from engaging because the cost is too high. What we need is for States to turn away from repression and attacks, because the cost to them is too high’.

The senior official on reprisals, Andrew Gilmour [https://humanrightsdefenders.blog/tag/andrew-gilmour/], presented the Secretary-General’s annual report on reprisals during the first ever interactive dialogue with the Human Rights Council. The report catalogues 45 new cases of reprisals, ranging from travel bans and smear campaigns to arbitrary arrests and detention, inhuman treatment, torture, and killing. The ASG made it clear in his presentation that reported cases are just the ‘tip of the iceberg’ and spoke of three significant trends:

(1) the systematic denigration of human rights defenders and civil society organizations as “terrorists”;

(2) reprisals often being disguised as legal, political and administrative measures; and

(3) the use of accreditation and security procedures to hinder people from speaking out at UN headquarters and elsewhere.

ISHR delivered a statement during the session citing cases of reprisals against Chinese defenders not included in the report—Wang Qiaoling, Li Wenzu, Cao Shunli, and Uyghur activist Dolkun Isa—and calling for systematic follow-up by the Council on cases in the report.

We are especially concerned, once again, about the high number of Council Members or candidates for Council membership cited in the report, including: Bahrain, Burundi, Cameroon, China, Cuba, Democratic Republic of Congo, Egypt, Hungary, India, Iraq, Japan, Kyrgyzstan, Mexico, Pakistan, Philippines, Rwanda, Saudi Arabia, United Arab Emirates, and Venezuela,’ said El Hosseiny.

Half of the States cited in the report intervened during the dialogue to deny the allegations against them. While a significant number of States engaging in the dialogue supported the mandate to varying degrees and asked the ASG what could be taken to strengthen it, another group questioned the ASG’s methodology. Still others firmly opposed the work of the ASG on reprisals, including China and Cuba. China said it ‘regrets and objects’ to the report and the mechanism, and its use of ‘unproven information’, which it deems an interference with its sovereignty.

A side event organised by ISHR following the dialogue highlighted the urgent need to improve both the physical and digital security of defenders at risk of reprisals, and for States and the OHCHR to take a stronger position on this issue at a time when powerful States are threatening the UN system and its core values. ISHR in particular noted its disappointment with the low number of States in the dialogue that took due note of the allegations in the report, as opposed to attacking the methodology of the report and the reliability of the information.

Watch the statement here: 

Read ISHR’s full statement to the Council here.

https://www.ishr.ch/news/hrc39-l-states-largely-decline-cite-specific-cases-during-councils-first-discussion-reprisals

Important side event in Geneva on ending reprisals coming up

September 12, 2018

On Wednesday 19 September (16:00-17:30 – Room XXIV, Palais des Nations, Geneva) the International Service for Human Rights (ISHR) is organizing a side event Ending reprisals: Discussion with human rights defenders and experts.

This event seeks to provide a space for human rights defenders and experts to shed light on the nature and extent of reprisals and intimidation against those cooperating with the UN; discuss and expand on the Secretary-General’s report; and to consider efforts to date to address reprisals and intimidation against those cooperating with the UN as well as ways to further develop and strengthen policies and practices to prevent and address reprisals.

Participants: 

  • Andrew Gilmour, Assistant Secretary General for Human Rights
  • Victoria Tauli-Corpuz, Special Rapporteur on the Rights of Indigenous Peoples
  • National human rights defenders

Moderator: Phil Lynch, Director of ISHR (see also: https://humanrightsdefenders.blog/2018/06/08/ishr-new-report-on-reprisals-and-restrictions-against-ngo-participation-in-the-un/)

The event is co-sponsored by the Permanent Mission of Ireland to the United Nations and the Permanent Mission of Uruguay to the Office of the United Nations.

Download the flyer here

some of my earlier posts on reprisals: https://humanrightsdefenders.blog/tag/reprisals/

Many HRD issues at the 39th session of the UN Human Rights Council

September 8, 2018

The 39th session of the UN Human Rights Council is held from coming Monday to 28 September 2018. Human Rights Defenders issues abound. Thanks to the excellent overview of the ISHR I can provide a short summary. To stay up-to-date, follow @ISHRglobal and #HRC39 on Twitter.

Reprisals

On 19 September, the Council will hold its first dedicated interactive dialogue on reprisals. It will engage with the Assistant Secretary General for Human Rights (Andrew Gilmour) who as UN senior official on reprisals will present the Secretary General’s annual report on the United Nations’ “the reprisals report”. The dedicated dialogue to address acts of intimidation and reprisals was mandated by the resolution on reprisals in September 2017 and provides a key opportunity for States to raise concerns about reprisals, and demand that Governments involved in existing cases provide an update on any investigation or action taken toward accountability. [for some of my earlier posts on reprisals: https://humanrightsdefenders.blog/tag/reprisals/]

Other key thematic reports relevant to HRDs

The Council will hold interactive dialogues and consider the reports of the Working Group on Arbitrary Detention, including on their country visits to Argentina and Sri Lanka, as well as the Working Group on Enforced or Involuntary Disappearance including on their country visit to Gambia.

The Council will consider the human rights of indigenous peoples on several occasions: it will hold a panel on the issue (see further below), the annual reports by the High Commissioner,  the Special Rapporteur on the rights of indigenous peoples, including on her visits to Mexico and Guatemala, and the Expert Mechanism on the Rights of Indigenous Peoples.

The Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence will also present his annual report, followed by an interactive dialogue, in addition to discussing the Secretary General report on the prevention of genocide.

The Council will discuss the report of the Secretary-General on capital punishment and the implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty.

The Council will also discuss the report of the High Commissioner on mechanisms concerned with ensuring the safety of journalists and the Council will consider a resolution on the issue. The first informal consultation is scheduled for 11 September at 15:30.

The Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes will present a set of principles for States, businesses and other actors to protect workers, including the need to protect worker representatives and human rights defenders from reprisal.

Country-specific developments

Burundi. During its 36th session, the Council passed two resolutions on Burundi (read here ISHR’s analysis of these two resolutions). At the 39th session, the Council will hold an interactive dialogue with the High Commissioner on his final report on Burundi on 11 September from 15:00 to 18:00. The Council will also hold an interactive dialogue with the Commission of Inquiry on 17 September between 09:00 and 12:00. ISHR continues to remain highly concerned about the human rights situation in Burundi and its refusal to cooperate with the Council’s mechanisms, which clearly warrant an invitation to the General Assembly to consider the suspension of Burundi as a member of the Council. ISHR joined a group of NGOs in calling for the renewal of the mandate of the Commission of Inquiry. [for earlier posts on Burundi: https://humanrightsdefenders.blog/tag/burundi/]

Yemen. Last September, the Council appointed a Group of Eminent Experts to carry out a comprehensive examination of all alleged violations of international human rights law committed by all parties to the conflict since September 2014. They will present their report followed by an interactive dialogue on 26 September from 09:00 to 12:00. The Council will also consider a report of the High Commissioner on the human rights situation in Yemen and on the implementation of the technical assistance. The Group of Eminent Experts’ report strongly suggests that parties to the armed conflict have perpetrated, and continue to perpetrate, violations and crimes under international law. Over 50 civil society organisations have called on the Council to renew and strengthen the mandate of the Group of Eminent Experts through the enhancement of its reporting structure and strengthening language on accountability.

China. The 39th session is the final session before China’s Universal Periodic Review. [https://humanrightsdefenders.blog/2016/03/15/remember-2nd-anniversary-of-the-death-of-cao-shunli/; https://humanrightsdefenders.blog/2018/03/26/chinas-win-win-resolution-gets-the-votes-in-the-un-council/ and many more]

Other country situations where HRD issues are relevant

The Council will hear 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.

They include:

  • Interactive dialogue with the Commission on Syria
  • Interactive dialogue with the Commission on human rights in South Sudan
  • Interactive dialogue with the Fact-finding mission on Myanmar
  • Interactive dialogue on the High Commissioner’s oral update on Ukraine
  • Interactive dialogue on the High Commissioner’s report on the Democratic Republic of the Congo
  • Interactive dialogue on the High Commissioner’s oral update on Libya
  • Interactive dialogue with the Special Rapporteur on Cambodia
  • Interactive dialogue with the Independent Expert on Somalia
  • Interactive dialogue with the Independent Expert on Sudan
  • Interactive dialogue with the Independent Expert on the Central African Republic

Adoption of Universal Periodic Review (UPR) reports

During this session, the Council will adopt the UPR working group reports on Turkmenistan, Burkina Faso, Cabo Verde, Colombia, Uzbekistan, Tuvalu, Germany, Djibouti, Canada, Bangladesh, Russian Federation, Azerbaijan, Cameroon, and Cuba.

Appointment of mandate holders

The President of the Human Rights Council has proposed candidates for the following two vacancies of mandate holders to be filled at this session:

  1. Special Rapporteur on the situation of human rights in Belarus
  2. Special Rapporteur on the situation of human rights in Eritrea

Resolutions to be presented to the Council’s 39th session

At the organisational meeting the following resolutions relevant to HRDs were announced (States sponsoring the resolution in brackets):

  1. The human rights situation in Yemen (Yemen and a group of countries)
  2. The protection of human rights in the Democratic Republic of Congo (Togo on behalf of the African group)
  3. The protection of human rights in the Sudan (Togo on behalf of the African group)
  4. World Programme for Human Rights Education (Brazil, Costa Rica, Italy, Morocco, Slovenia, Senegal,  Philippines, Thailand)
  5. The human rights situation in Syria (France, Germany, Italy, Jordan, Kuwait, Morocco, Qatar, Saudi Arabia, Turkey, the United Kingdom)
  6. The human rights situation in Somalia (the UK and a group of countries)
  7. The safety of journalists (Austria, Brazil, France, Greece, Morocco, Qatar and Tunisia)
  8. The human rights of indigenous peoples (Guatemala and Mexico)
  9. The promotion and protection of the human rights of peasants and other people working in rural areas (Bolivia, Cuba, Ecuador, South Africa)
  10. The human rights situation in Burundi (the European Union)
  11. The human rights situation in Myanmar (the European Union)
  12. Equal participation in political and public affairs (Botswana, Czech Republic, Indonesia, Netherlands, Peru)
  13. The situation of Rohingya muslims and other minorities in Myanmar (Pakistan on behalf of the Organisation for Islamic Cooperation)

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. All panel discussions will be broadcast live and archived on http://webtv.un.org. Three panel discussions are scheduled for this upcoming session:

  • The high-level panel discussion to commemorate the seventieth anniversary of the Convention on the Prevention and Punishment of the Crime of Genocide will take place on 13 September from 10:00 to 12:00.
  • The annual half-day panel discussion on the rights of indigenous peoples will take place on 19 September from 9:00 to 11:00. The theme will be the participation and inclusion of indigenous peoples in the development and implementation of strategies and projects in the context of the 2030 Agenda for Sustainable Development.
  • The annual discussion on the integration of a gender perspective throughout the work of the Human Rights Council and that of its mechanisms will take place on 24 September from 16:00 to 18:00. The theme will be gender integration and human rights investigations: strengthening a victim-centred approach.

Side events. As always there will be many side events concerning HRDs to which I will refer in the future.

——

https://www.ishr.ch/news/hrc39-key-issues-agenda-september-2018-session

Human rights defenders in Asia suffer reprisals says Gilmour

May 18, 2018

On 18 May 2018 several newspapers – such as The Guardian and Scoop (NZ) – carried a piece by Andrew Gilmour, UN Assistant Secretary-General for Human Rights based in New York, which describes with great frankness how human rights defenders in Asia are under attack. To quote liberally:

In February, hundreds of Filipino participants in the peace process, environmental activists and human rights defenders were labeled “terrorists” by their own government. The security of the individuals on this list is at stake, and some have fled the Philippines. The UN independent expert on the rights of indigenous peoples – Victoria Tauli-Corpuz – was on this list. This followed the vilification only months before of another UN independent expert – Agnès Callamard – who deals with extra-judicial executions. Philippine President Rodrigo Duterte declared that he wanted to slap her, and later announced that he would like to throw other UN human rights officials to the crocodiles. The national Commission on Human Rights in the Philippines was threatened with a zero budget and its former chair, Senator Leila de Lima, is in detention for her advocacy. [see also: https://humanrightsdefenders.blog/2018/03/10/there-seems-to-be-no-limit-to-what-duterte-is-willing-to-say-and-may-get-away-with/]

…..If governments in the region can target high profile human rights defenders and those associated with the UN with impunity, what is the message to others at community level who are not afforded the same visibility? ..

In the run up to the 2018 national elections in Cambodia, the Government has cracked down on the opposition, independent media and civil society. ..

In Myanmar, there were reports of violent reprisals by Tatmadaw, the armed forces, against civilians who met with Yanghee Lee, UN independent expert on Myanmar, following her visit to Rakhine State. …..

Bogus accusations of abetting terrorism are a common justification that we hear from governments to defend the targeting of the UN’s important civil society partners. We have countless cases of advocates charged with terrorism, blamed for cooperation with foreign entities, or accused of damaging the reputation or security of the state.

I recently met with a group of human rights defenders from across South-East and South Asia about their experiences, which in some cases have been made worse by speaking out or if they share information with the UN. The stories about these reprisals were common – they have been charged with defamation, blasphemy and disinformation. They are increasingly threatened and targeted for their work, indeed some have been labeled as terrorists. There were also accusations of activists being drug addicts or mentally unwell.

Some governments feel threatened by any dissent. They label human rights concerns as “illegal outside interference” in their internal affairs; or as an attempt to overthrow regimes; or as an attempt to impose alien “Western” values.

Opposition to economic development and investment projects seems to incite particular ire. Agribusiness, extractive industries, and large-scale energy initiatives, including those that involve indigenous peoples’ land, often bear the brunt of the backlash.

Women’s rights activists and advocates of the rights of lesbian, gay, bisexual, transgender and intersex persons seem to be particularly targeted. Many are ostracized by their communities, labelled as outcasts, or branded as immoral. Sexual violence is part of this backlash, including rape threats.

Those working for religious freedom have been called ‘anti-Islam’, they and their families threatened or harassed. When advocacy for religious tolerance intersects with that of women’s rights and sexual freedom, the stakes can be even higher.

……

We are taking these allegations seriously, and addressing particular incidents of reprisals with governments. Civil society has to be heard – for the sake of us all.


For more of my posts on reprisals: https://humanrightsdefenders.blog/tag/reprisals/

http://www.scoop.co.nz/stories/WO1805/S00115/human-rights-advocates-in-asia-under-attack.htm

https://www.theguardian.com/commentisfree/2018/may/18/imprisoned-threatened-silenced-human-rights-workers-across-asia-are-in-danger