Posts Tagged ‘Burundi’

HRD issues on agenda of 46th Session of the council

February 22, 2021

Although I have decided to focus this blog mostly on human rights defenders and their awards, I will make an exception for the regular sessions of the UN Human Rights Council of which the 46th session has started on 22 February and which will last until to 23 March 2021. This post is based on the as always excellent general overview published by the International Service for Human rights: “HRC46 | Key issues on agenda of March 2021 session”. Here’s an overview of some of the key issues on the agenda which affect HRDs directly:

Modalities for NGOs this year: According to the Bureau minutes of 4 February 2021: “Concerning the participation of NGOs in the 46th session, the President clarified that under the proposed extraordinary modalities, NGOs in consultative status with the ECOSOC would be invited to submit pre-recorded video statements for a maximum of three general debates in addition to the interactive dialogues, panel discussions and UPR adoptions as they had been able to do during the 45th session. In addition, “the Bureau agreed that events organised virtually by NGOs in consultative status with the ECOSOC could be listed on the HRC Extranet for information purposes.”

Human Rights implications of COVID-19

The pandemic – and States’ response to it – has presented various new challenges and threats for those defending human rights. The pandemic has exposed and deepened existing discrimination, violence and other violations. Governments have used COVID as a pretext for further restricting fundamental rights, including through the enactment of legislation, and specific groups of defenders – including WHRDs and LGBTI rights defenders – have lost their livelihoods, access to health services have reduced and they have been excluded from participating in pandemic responses. Action to address the pandemic must be comprehensive and systemic, it must apply a feminist, human rights-based, and intersectional lens, centred on non-discrimination, participation and empowerment of vulnerable communities. Last March ISHR joined a coalition of 187 organisations to draw the Council’s attention to the situation of LGBTI persons and defenders in the context of the pandemic.

#HRC46| Thematic areas of interest

Protection of human rights defenders

On March 3rd and 4th, the Council will hold an interactive dialogue with the Special Rapporteur on human rights defenders on her annual report “Final warning: death threats and killings of human rights defenders”, and the country visit report of her predecessor to Peru.

Reprisals

Reports of cases of intimidation and reprisals against those cooperating or seeking to cooperate with the UN not only continue, but grow. Intimidation and reprisals violate the rights of the individuals concerned, they constitute violations of international human rights law and undermine the UN human rights system. See also: https://humanrightsdefenders.blog/tag/reprisals/

The UN has taken action towards addressing this critical issue including:

  • Establishing a dedicated dialogue under item 5 to take place every September;
  • Affirmation by the Council of the particular responsibilities of its Members, President and Vice-Presidents to investigate and promote accountability for reprisals and intimidation; and
  • Appointment of the UN Assistant Secretary General on Human Rights as the Senior Official on addressing reprisals.

ISHR remains deeply concerned about reprisals against civil society actors who try to engage with UN mechanisms, and consistent in its calls for all States and the Council to do more to address the situation.

During its 42nd session, the Council adopted a resolution which listed key trends such as the patterns of reprisals, increasing self-censorship, the use of national security arguments and counter-terrorism strategies by States as justification for blocking access to the UN. The resolution also acknowledged the specific risks to individuals in vulnerable situations or belonging to marginalised groups, and called on the UN to implement gender-responsive policies to end reprisals. The Council called on States to combat impunity and to report back to it on how they are preventing reprisals, both online and offline.

Item 5 of the Human Rights Council’s agenda provides a key opportunity for States to raise concerns about reprisals, and for governments involved in existing cases to provide an update to the Council on any investigation or action taken toward accountability to be carried out.

During the organisational meeting held on 8 February, the President of the Council stressed the importance of ensuring the safety of those participating in the Council’s work, and the obligation of States to prevent intimidation or reprisals.

In line with previous calls, ISHR expects the President of the Human Rights Council to publicly identify and denounce specific instances of reprisals by issuing formal statements, conducting press-briefings, corresponding directly with the State concerned, publicly releasing such correspondence with States involved, and insist on undertakings from the State concerned to investigate, hold the perpetrators accountable and report back to the Council on action taken.

Other thematic reports

At this 46th session, the Council will discuss a range of economic, social and cultural rights in depth through dedicated debates with mandate holders, and consider the annual report of the Secretary-General on the question of the realization in all countries of economic, social and cultural rights. The debates with mandate holders include:

  • The Special Rapporteur in the field of cultural rights, annual report on COVID-19, culture and culture rights and country visit to Tuvalu 
  • The Special Rapporteur on the right to adequate housing, annual report on twenty years on the right to adequate housing: taking stock – moving ahead and country visit to New Zealand 

The Council will discuss a range of civil and political rights through dedicated debates with the mandate holders, including:

  • The Special Rapporteur on torture, annual report and country visit to Maldives
  • The Special Rapporteur on freedom of religion or belief, annual report on combating anti-Muslim hatred
  • The Special Rapporteur on the right to privacy, annual report on artificial intelligence and privacy, and children’s privacy, and country visit reports to the United Kingdom, France, Germany, United States of America, Argentina, and Republic of Korea.  

In addition, the Council will hold dedicated debates on the rights of specific groups including:

In addition, the Council will hold dedicated debates on interrelation of human rights and human rights thematic issues including:

  • The Special Rapporteur on human rights and the environment, annual report on human rights and the global water crisis: water pollution, water scarcity and water-related disasters 
  • The Special Rapporteur on the promotion and protection of human rights while countering terrorism, annual report on human rights impact of counter-terrorism and countering (violent) extremism policies and practices on the rights of women, girls and the family

Country-specific developments

China 

A pile of evidence continues to mount, including the assessment from the UN Committee on the Elimination of Racial Discrimination, about policies of the Chinese government targeting ethnic and religious minorities, including Uyghurs, Tibetans and Mongolians. The rule of law is being further eroded in Hong Kong, as deeply-respected principles of due process and pluralistic democracy are disappearing at an alarming rate.  Human rights defenders and ordinary citizens confront ongoing crackdowns on civic freedoms, pervasive censorship and lightning-fast recourse to administrative sanction, enforced disappearance and trumped-up national security charges to silence critics.  – In the face of this, inaction has become indefensible.

The UN Special Procedures issued a sweeping statement in June 2020, calling for the international community to take ‘decisive action’ on the human rights situation in the country. At the March session, ISHR urges States to convey at the highest level the incompatibility of China’s actions domestically with its obligations as a new Council member, and to continue to press for transparency, actionable reporting and monitoring of the situation. Statements throughout the Council are key moments to show solidarity with individual defenders – by name – , their families, and communities struggling to survive. And finally, States should take every opportunity to support efforts by China that meaningfully seek to advance human rights – while resolutely refuting, at all stages of the process, initiatives that seek to distort principles of human rights and universality; upend the Council’s impressive work to hold States up to scrutiny; and weaken the effectiveness and impact of the Council for victims of violations and human rights defenders. Furthermore, other Council members should step up their commitments to the body’s mandate and purpose, and reject efforts by China and its partners and proxies. See also: https://humanrightsdefenders.blog/tag/china/

Egypt

The Egyptian authorities continue to systematically carry out patterns of reprisals against human rights defenders for their legitimate work, including for engagement with UN Special Procedures. These have included arbitrary arrests and detention, enforced disappearance, torture, unlawful surveillance, threats and summons for questioning by security agencies. The government’s refusal to address key concerns raised by States in its response to the UPR in March 2020 demonstrated its lack of political will to address its deep challenges and to engage constructively with the Council. ISHR reiterates its call on the Council to establish a monitoring and reporting mechanism on the human rights situation in Egypt. See also: https://humanrightsdefenders.blog/tag/egypt/

Saudi Arabia

In 2020, the Council continued its scrutiny over the human rights situation in Saudi Arabia. Yet, the Saudi government has failed the litmus test to immediately and unconditionally release the women’s rights activists and human rights defenders, instead they continued to prosecute and harshly sentence them for their peaceful activism. On 10 February 2021, it was reported that WHRDs Loujain Al-Hathloul, and Nouf Abdulaziz have been released conditionally from prison after spending over two and a half years in detention solely for advocating for women’s rights, including the right to drive and the dismantling of the male guardianship system. ALQST reported that WHRDs Nassima al-Sadah and Samar Badawi remain in detention and that “in a worrying development, the Public Prosecution has appealed the initial sentence issued on 25 November 2020 by the Criminal Court against al-Sadah of five years and eight months in prison, half of it suspended, seemingly with the aim of securing an even harsher sentence”. See: https://www.trueheroesfilms.org/thedigest/laureates/1a6d84c0-b494-11ea-b00d-9db077762c6c

The government’s refusal to address this key concern raised in the three joint statements demonstrates its lack of political will to genuinely improve the human rights situation and to engage constructively with the Council.  ISHR reiterates its call on the Council to establish a monitoring and reporting mechanism on the human rights situation in Saudi Arabia.

Nicaragua 

On 24 February, the Council will hold an interactive dialogue on the High Commissioner’s report on Nicaragua. Despite the renewal of Resolution 43/2, the human rights situation in Nicaragua has steadily deteriorated over the last months. Civil society space has sharply shrank, due to new restrictive laws on foreign agents and counter-terrorism, while attacks against journalists and human rights defenders -the last remaining independent human rights observers – continue. The lack of an independent judiciary or NHRI further deprives victims of the possibility to seek justice and redress. Whilst the repression deepens, State inaction in the face of the Covid-19 pandemic and the passage of hurricanes have also exacerbated the ongoing humanitarian crisis and the deprivation of economic, social, and cultural rights. In light of upcoming elections in Nicaragua, ISHR urges the Council to renew and strengthen its resolution on the human rights situation in Nicaragua, laying down a clear benchmark of key steps the State should take to demonstrate its willingness to cooperate in good faith, while clearly signaling the intention to move towards international investigation and accountability should such cooperation steps not be met within the year. States should also increase support to targeted defenders and CSOs by raising in their statements the cases of student Kevin Solís, Aníbal Toruño and Radio Darío journalists, trans activist Celia Cruz, as well as the CENIDH and seven other CSOs subject to cancellation of their legal status.

Venezuela

Venezuela will come under the spotlight several times with oral updates from OHCHR on the situation of human rights in the country (25 February, 11 March) and an update from the international fact-finding mission on Venezuela (10 March). OHCHR is mandated to report on the implementation of the recommendations made to Venezuela, including in reports (here and here) presented last June.  The fact-finding mission has started work on its renewed and strengthened 2-year mandate, despite delays in the disbursement of funds and is due to outline its plans to the Council. Intensifying threats and attacks on civil society in Venezuela since November 2020, provide a bleak context to these discussions. States should engage actively in dialogue on Venezuela, urging that recommendations be implemented – including facilitating visits from Special Rapporteurs; that the fact-finding mission be granted access to the country and that civil society be promoted and safeguarded in its essential work.

Burundi

On 2 February 2021, the Supreme Court of Burundi announced its decision allegedly adopted on 23 June 2020 to sentence 12 defenders to life in prison. The date of the adoption of this decision was announced after the Court decided to defer it further to 30 June 2020 and again after that. The Court never assigned or informed the 12 concerned of the proceedings. This case was investigated and judged in the absence of all those concerned and the sentence only made public seven months after the alleged proceedings took place. Among the victims of this arbitrary procedure are renown lawyers such as Me Armel Niyongere, Vital Nshimirimana and Dieudonné Bashirahishize, who are being targeted for their engagement in the defense of victims of the 2015 repression in Burundi and for filing complaints for victims to the International Criminal Court (ICC) in The Hague.  A group of civil society organisations denounced the dysfunctioning and lack of independence of judicial proceedings in the country. After confirming the 32 years sentence of defender Germain Rukuki, Burundi continues its crackdown against civil society. In addition to ensuring the continued work of the Commission of Inquiry on Burundi, members of the Council need to call on Burundi to uphold its international obligations and stop reprisals against defenders for engaging with any international mechanisms. See also: https://humanrightsdefenders.blog/2019/03/29/ngo-statement-condemns-new-irregularities-in-the-case-of-germain-rukuki-burundi/ The Council will hold an interactive dialogue with the Commission of Inquiry on Burundi on 10 March.

The High Commissioner will provide an oral update to the Council on 25 February. 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:

  • Oral update and interactive dialogue with the Special Rapporteur on Eritrea
  • Interactive Dialogue on the High Commissioner’s report on Sri Lanka
  • Enhanced Interactive Dialogue on the High Commissioner’s report on Belarus
  • Oral update and interactive dialogue with the Group of Eminent International and Regional Experts on Yemen
  • Interactive Dialogue on the High Commissioner’s report on ensuring accountability and justice in the Occupied Palestinian Territory, including East Jerusalem
  • Interactive Dialogue with the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran
  • Interactive Dialogue with the Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea
  • Interactive Dialogue with the Commission on Human Rights in South Sudan
  • Interactive Dialogue with the Commission of Inquiry on the Syrian Arab Republic
  • Interactive Dialogue with the Special Rapporteur on the situation of human rights in Myanmar
  • Interactive Dialogue with the High Commissioner on the situation of human rights in Ukraine
  • Oral updates and enhanced interactive dialogue with the High Commissioner on the situation of human rights in the Democratic Republic of the Congo, and the team of international experts on the situation in Kasai
  • High-level Interactive Dialogue with the Independent Expert on the situation of human rights in the Central African Republic
  • Interactive Dialogue with the Independent Expert on the situation of human rights in Mali 

Council programme, appointments and resolutions

During the organisational meeting for the 46th session held on 8 February, the President of the Human Rights Council presented the programme of work. It includes seven panel discussions. States also announced at least 28 proposed resolutions. Read here the reports presented this session

Appointment of mandate holders

The President of the Human Rights Council proposed candidates for the following mandates: 

  1. Expert Mechanism on the Rights of Indigenous Peoples (member from Africa) 
  2. Expert Mechanism on the Rights of Indigenous Peoples (member from North America)
  3. Special Rapporteur on extrajudicial, summary or arbitrary executions 
  4. Special Rapporteur on the situation of human rights in Cambodia
  5. Working Group of Experts on People of African Descent (member from African States)
  6. Working Group on Arbitrary Detention (member from Asia-Pacific States).

Resolutions to be presented to the Council’s 46th session

At the organisational meeting on 8 February the following resolutions were announced (States leading the resolution in brackets):

  • Promotion of the enjoyment of the cultural rights of everyone and respect for cultural diversity (Cuba)
  • Human rights and the environment, mandate renewal  (Costa Rica, Maldives, Morocco, Slovenia, Switzerland)
  • Prevention of torture and other cruel, inhuman or degrading treatment or punishment (Denmark)
  • Question of the realization in all countries of economic, social and cultural rights (Portugal)
  • Guarantee of the right to the health through equitable and universal access to vaccines in response to pandemics and other health emergencies (Ecuador)
  • Negative impacts of unilateral coercive measures (Azerbaijan on behalf of the Non-Aligned Movement-NAM)
  • Human rights, democracy and the rule of law (Morocco, Norway, Peru, Romania, Republic of Korea, Tunisia)
  • Freedom of religion or belief (EU)
  • Situation of human rights in the Democratic People’s Republic of Korea, mandate renewal (EU)
  • Situation of human rights in Myanmar, mandate renewal (EU)
  • Combating intolerance based on religion or belief (OIC)
  • Ensuring accountability and justice for all violations of international law in the Occupied Palestinian Territory, including East Jerusalem (OIC)
  • Right of the Palestinian people to self-determination (OIC)
  • Human rights situation in the Occupied Palestinian Territory, including East Jerusalem (OIC)
  • Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan (OIC)
  • Technical assistance and capacity-building for Mali in the field of human rights (African Group)
  • Persons with albinism (African Group)
  • Impact of non-repatriation of funds of illicit origin to countries of origin (African Group)
  •  The situation of human rights in Iran, mandate renewal (Moldova, United Kingdom of Great Britain and Northern Ireland, Iceland)
  • The right to privacy in the digital age, mandate renewal (Austria, Brazil, Germany, Liechtenstein, Mexico)
  • The human rights situation in the Syrian Arab Republic, mandate renewal (France, Germany, Italy, Jordan, Kuwait, Morocco, Netherlands, Qatar, Turkey, United Kingdom of Great Britain and Northern Ireland)
  • Promoting reconciliation, accountability and human rights in Sri Lanka (Canada, Germany, Montenegro, North Macedonia, United Kingdom of Great Britain and Northern Ireland) 
  • Situation of human rights in South Sudan, mandate renewal (Albania, Norway, UK) 
  • Read the calendar here.

Adoption of Universal Periodic Review (UPR) reports

During this session, the Council will adopt the UPR working group reports on Belarus, Liberia, Malawi, Panama, Mongolia, Maldives, Andorra, Honduras, Bulgaria, the Marshall Islands, the United States of America, Croatia, Libya and Jamaica. ISHR supports human rights defenders in their interaction with the UPR. It publishes and submits 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. 

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. Panel discussions scheduled for this upcoming session:

  1. Annual high-level panel discussion on human rights mainstreaming. Theme: The state of play in the fight against racism and discrimination 20 years after the adoption of the Durban Declaration and Plan of Action and the exacerbating effects the COVID-19 pandemic has had on these efforts
  2. Biennial high-level panel discussion on the question of the death penalty. Theme: Human rights violations related to the use of the death penalty, in particular with respect to whether the use of the death penalty has a deterrent effect on crime rate
  3. Meeting on the role of poverty alleviation in promoting and protecting human rights
  4. Annual full-day meeting on the rights of the child [two accessible panels]. Theme: Rights of the child and the Sustainable Development Goals
  5. Annual interactive debate on the rights of persons with disabilities [accessible panel]. Theme: Participation in sport under article 30 of the Convention on the Rights of Persons with Disabilities
  6. Debate on the midterm review of the International Decade for People of African Descent. (Commemoration of the International Day for the Elimination of Racial Discrimination)

Read here ISHR’s recommendations on the the key issues that are or should be on the agenda of the UN Human Rights Council in 2021.

To stay up-to-date: Follow @ISHRglobal and #HRC46 on Twitter, and look out for the Human Rights Council Monitor. During the session, follow the live-updated programme of work on Sched

To compare: https://humanrightsdefenders.blog/2020/09/06/hrc45-key-issues-for-human-rights-defenders/

https://www.ishr.ch/news/hrc46-key-issues-agenda-march-2021-session

CIVICUS 2020 report “People Power Under Attack” – Africa

December 14, 2020

Africa: Civic Rights Were Eroded Across Africa in 2020

The most common violations of civic space registered by the CIVICUS Monitor were the detention of journalists, followed by disruption of protests, censorship, intimidation and the detention of protestors. Almost half of CIVICUS Monitor updates in 28 different countries mentioned the detention of journalists. 14 December 2020. Fundamental civic rights, including freedoms of association, peaceful assembly and expression, deteriorated across Africa in 2020. [See also: https://humanrightsdefenders.blog/2016/10/24/today-civicus-launches-its-worldwide-monitor-to-track-civil-space/]

In an allAfrica.com guest column Sylvia Mbataru and Ine Van Severen – CIVICUS researchers who contributed to People Power Under Attack 2020 – unpack what the report says about Sub-Saharan Africa. They conclude that civic space has been reduced in four West African nations (Côte d’Ivoire, Guinea, Niger and Togo) and has improved in the Democratic Republic of Congo and Sudan.

Over the past year the CIVICUS Monitor has documented several drivers of civic space violations in Africa including mass protests that were met with violent repression, and electoral processes, mostly presidential elections. Violations in the context of elections often involve the arrest of opposition members and pro-democracy activists, internet shutdowns, detention of journalists and crackdowns on protesters.

In three of the four West African countries that were downgraded – Côte d’Ivoire , Guinea and Togo – constitutional changes were adopted in recent years, leaving incumbent presidents Alassane Ouattara, Alpha Condé and Fauré Gnassingbé all claiming that new constitutions allowed them to run for further terms. The process of changing constitutions or bypassing term limits led to mass protests that were met with excessive force, the adoption and use of restrictive legislation, and punishment for dissenters criticising those in power, in particular pro-democracy activists.

Niger has also been downgraded by the CIVICUS Monitor. Even though a peaceful political change of power seems likely in the elections later this month, serious questions remain about Niger’s democratic prospects as human rights violations continue and civil society is subjected to restrictions.

These countries in West Africa have not been alone in efforts to muzzle dissent, exclude opposition and crack down on protests in the context of elections.  This bleak picture is further seen in Eastern and Southern Africa.

In Burundi, ahead of the May 2020 elections, state security forces and members of the youth league of the ruling party threatened, intimidated and killed opposition party members, and stifled the media and civil society organisations.

In Tanzania, as the country prepared for its August 2020 vote, the government embarked on a major crackdown to suppress dissent, including by enacting new laws and regulations to stop opposition members from actively campaigning, prevent civil society organisations and independent observers from observing the electoral process, weaken civil society and the media, and limit the use of online platforms by journalists and voters.

Despite this difficult picture, the year also proved the resilience of people and civil society in exercising their civic freedoms, leading to fundamental democratic changes. In Malawi, although the period surrounding the disputed May 2019 election was characterised by violations including internet shutdowns and repression of protests, civil society successfully contested the results, leading to a new election and a change of government in June 2020 .

However, many other African countries are moving away from holding free and fair elections. With several countries gearing up to hold elections in the coming months, civic rights violations are being reported in countries across the continent.

In Uganda, opposition members and their supporters are being violently prevented from holding rallies and journalists are being arrested and violently attacked while covering events held by opposition candidates and civil society; human rights defenders are being threatened by state authorities, including by having their bank accounts frozen and their operational licences withheld.

In Ethiopia, civil society groups have expressed concern at the crackdown on dissenting political views ahead of the general elections slated for 2021. Similarly, in Zambia, civil society has denounced an escalating trend of judicial harassment, repression and attacks on human rights defenders ahead of the August 2021 general elections. In Benin, electoral laws have been adopted that make it difficult for opposition candidates to stand in the 2021 presidential  election, which might lead to President Patrice Talon running almost unopposed.

The situation is so bleak that for the first time in a decade, according to the 2020 Mo Ibrahim Index of African Governance, overall governance in Africa has declined. The Index highlighted that, “in terms of rights, civil society space and participation, the continent had long before embarked on a deteriorating path and the pandemic simply aggravated this existing negative trajectory.”

With even more elections on the cards in 2021 – in Djbouti, Chad and Somalia among others – governments should prioritise the respect of fundamental freedoms, including the right of people to express themselves without intimidation and to assemble peacefully to express their dissent. Africa’s leaders should adhere to the African Charter on Democracy, Elections and Government, ensuring that free and fair elections take place. 2021 must be the year in which Africa’s dismal trends are reversed.

https://findings2020.monitor.civicus.org/africa.html

https://findings2020.monitor.civicus.org/africa.html

Sergio Pinheiro, UN human rights veteran, speaks out

September 21, 2020

Jamil Chade in Geneva spoke with Paulo Sergio Pinheiro, 25 years with the UN, recently as Chairperson of the Commission of Inquiry on Syria. Swissinfo published the result on 20 September 2020 under the title UN human rights veteran is a target in his native Brazil

swissinfo.ch: After 25 years of service at the UN, what role do you believe the international body can actually play to protect human rights? 

Paulo Sérgio Pinheiro: If we think of the United Nations as a whole, from the very beginning human rights have been at its core, starting with the 1948 Universal Declaration of Human Rights. They are present in decisions at the General Assembly and the Security Council. All UN agencies protect human rights around the world. But the most important body that ensures this is the UN Human Rights Council in Geneva, with its special rapporteurs [in place] since 1979 examining the human rights situation in various countries, assisted by the UN High Commissioner for Human Rights.

Paulo Sergio Pinheiro (centre) listens to an official while visiting the Shwedagon pagoda in Yangon, Myanmar, during his visit to the Asian country in November 2007 as an independent rights investigator. Keystone / Str

Have you experienced any frustrations because of the limits of the international role?

Only the victims – whom I prefer to call survivors – of human rights violations can feel frustration. Those of us who try to bring rights violations to light and seek justice are only frustrated by UN bodies that don’t function as they should. After more than 10 years of human rights violations and war crimes [in Syria, for example], the malfunctioning of the Security Council means that these crimes are not being tried at the International Criminal Court. This is not only frustrating but also inexplicable for survivors of the war.

In Burundi, in your first assignment in 1995, there was a real expectation that progress would be made. Did it work out?

The special rapporteur has no magic wand to change the situation in a particular country. But it makes a difference that there were special rapporteurs and, after 2016, a commission of inquiry. Local civil society is stronger, and the government feels empowered in the area of human rights. My best interlocutor there was the human rights minister Eugene Nindorera, who later became a UN director of human rights for missions in Ivory Coast and South Sudan.

You also spent years dealing with Myanmar and its leader, Aung San Suu Kyi, when she was still under house arrest. What were those meetings like?

Myanmar was an exceptional case, because it was a military government that wanted to get closer to UN human rights bodies and civil society. During the first four years, I got access to all the places and institutions I requested. But neither I nor the other UN representatives in the country responded satisfactorily to this openness. The government therefore was not able to justify our presence to the military junta [which effectively ruled the country] and was eventually ousted. I did not go back until four years later, in 2007, when there was an uprising by the [Buddhist] monks and civil society.

The war in Syria is now nearly ten years old, and the inquiry you are leading has gathered an unprecedented amount of information on the crisis. What can you do with this information? 

The Independent International Commission of Inquiry on the Syrian Arab Republic is not a court, and it doesn’t have any competence in political negotiations. The aim of these commissions is to investigate and document human rights violations, war crimes, and crimes against humanity. We work to address the right to truth of the Syrian people.

Our database has been used in investigations into human rights perpetrators of the conflict that were opened in several countries. Our data has also been used by the International Impartial and Independent Mechanism on Syria, which is preparing criminal cases to be brought before the courts in the future.

2020 also marks the 75th anniversary of the UN. What is there to celebrate? 

There is more to commemorate than there is to regret. Let’s imagine that the UN did not exist. International conflicts would be much more intense, humanitarian crises would not be addressed, and there would be even fewer guarantees of economic and social rights. And the application, even if flawed, of the principles of the Universal Declaration and the human rights conventions would be even less effective. My assistant when I was working in Burundi, Brigitte Lacroix, said to me when she left: “Paulo, what really matters is what you will do for the victims. From the perspective of the survivors, we must be glad because they are at the centre of our actions.”

The UN and multilateralism are at a crossroads, and the response to the pandemic is showing that. Is there a real risk to the system?

The pandemic has clearly exposed the inequality, the concentration of income, and the racism that continue to prevail in almost all societies, both in the North and the South. No one has escaped. Those who were poor are getting poorer, the healthcare situation of the poor has gotten worse, not only in the lack of care for those affected by Covid-19, but in the right to healthcare in general.

I don’t think that after the pandemic there will automatically be greater solidarity […] or better care for the disenfranchised. For this to happen, UN member states, instead of denying resources to the system – as they did with the WHO – have to increase their political support and financial resources to the UN.

Has your Brazilian citizenship helped you in your international work over the last 25 years?

Latin America, as a former French ambassador to Brazil, Alain Rouquié, says in one of his books, is the “Far West”, a category apart from the western world. Because they are in this group, Brazilians are perceived as being independent. After the return to democracy in 1985 and until the Dilma Rousseff administration [in 2016], Brazil was considered an honest broker – a reliable negotiator. Because during this period we never denied serious human rights violations in Brazil. Every country wanted to be in the picture with Brazil – until the coup against President Dilma Rousseff took place. At the UN Human Rights Council, Brazil was always present for the most sensitive resolutions, such as on homosexuality, racism, and violence against women and children. I think that Brazil’s aura has certainly been of benefit to me.

You were included in a list [of so-called “anti-fascists”] prepared by the Ministry of Justice in Brazil this summer – a dossier of sorts of those who question the government.

It was a strange honour to have been included, when it would have been enough to open Google to see what I think, say and do in Brazil, in UN bodies and around the world. It was a regrettable initiative to resurrect the abhorrent political espionage dossiers of the military dictatorship.

Fortunately, the Federal Supreme Court made a historic decision – in a 9-1 vote on August 21 – to prohibit the Ministry of Justice from distributing these reports on what certain citizens think and do.

https://www.swissinfo.ch/eng/un-human-rights-veteran-is-a-target-in-his-native-brazil/46025454

Burundi after the “election”: UN and HRW follow up

July 21, 2020

Lisa Schlein reported on 14 July 2020 that UN Investigators are skeptical of reform promises by new President, while HRW sent a letter to the new President Ndayishimiye

Burundi's President Evariste Ndayishimiye gestures to the crowd after his inauguration in Gitega, Burundi Thursday, June 18,…

The U.N. Commission of Inquiry on Burundi is doubting that promises of reform made by Burundi’s newly-elected president will result in hoped-for improvements in the country’s human rights situation. The commission has submitted its report on prevailing conditions in the country to the U.N. Human Rights Council.

The three-member panel welcomes promises of political reconciliation, judicial reform and protection of the population made by President Ndayishimiye, in his inaugural address. But, the chair of the U.N. commission, Doudou Diene, says the president’s comments were full of ambiguities and contradictions. 

For example, he notes the president’s remarks seemed to justify the imposition of restrictions on some public liberties such as freedom of expression, information and assembly under the guise of preserving Burundian culture. 

Speaking on a video link from Paris, he said, “Such remarks are concerning, especially given that the new president’s policies will be implemented by a government composed primarily of the old guard of the late President Nkurunziza’s regime — some of whom are under sanctions for their involvement in grave human rights violations.” 

Burundi's President Pierre Nkurunziza queues at a polling station during the presidential, legislative and communal council…
FILE – Burundi’s President Pierre Nkurunziza queues at a polling station during elections, under the simmering political violence and the growing threat of the coronavirus, in Ngozi, Burundi, May 20, 2020.

President Pierre Nkurunziza died of cardiac arrest on June 8, after a brief hospitalization, while his wife was in Kenya undergoing medical treatment. A number of news outlets report he died of the coronavirus. 

Commission chair Diene says gross, widespread human rights violations continue in Burundi and that it would be premature to make any pronouncements on the possible evolution of the situation under the new government. 

He said, “We solemnly urge the new president of the republic to demonstrate his willingness for change by fully cooperating with the international human rights mechanisms. The immediate release of the four journalists of Iwacu, of human rights defenders … would be a significant gesture of this.” {see: https://humanrightsdefenders.blog/2020/02/05/burundi-elections-start-with-convicting-4-journalists/]

Burundi’s ambassador to the United Nations in Geneva, Renovat Gabu, rejects the commission’s report. He accuses the commission of interfering in the domestic affairs of his country and of slandering and insulting public authorities with the blessing of the U.N. council. 

Human Rights Watch

Letter to President Ndayishimiye: Protecting Human Rights in Burundi, 13 July, 2020

Re: Protecting Human Rights in Burundi

… We have reported on human rights concerns in Burundi since 1995. We are writing to raise important concerns and share our recommendations on steps your government should take to advance and protect human rights in Burundi. We hope that you will address these issues and make the protection and promotion of human rights a top priority throughout your presidency. We urge you to work to make systemic changes to end the violence and abuse, fueled by widespread impunity, that have plagued the country for far too long, especially since 2015.

While we regret the former administration’s withdrawal of Burundi from the International Criminal Court, which took effect in 2017, we are encouraged by the commitments stated in your inaugural speech to reform the judiciary and ensure that all government or other officials who commit offenses are held accountable. Your assurances that measures will be taken to protect victims and witnesses are critical to delivering this promise, as is your commitment to ensuring that corruption will not be tolerated….

To address these challenges and demonstrate a real commitment to promoting rights and turning the page on decades of violence, abuse, mismanagement, and impunity, we urge you to take the following steps during your first year in office:

  1. Remove from security services posts and other executive branches, officials who have been credibly implicated in serious human rights violations, according to reports by the United Nations Commission of Inquiry on Burundi, the UN Human Rights Council, the African Commission on Human and Peoples’ Rights’ fact-finding mission report, and Burundian and international human rights organizations. Ensure that no one who may be subject to criminal or other investigation into human rights abuses is in a position to influence that investigation.
  2. Instruct the security forces, the local administrators, and the Imbonerakure to stop extortion, the use of forced labor, beatings, arbitrary arrests, threats, harassment, and collection of contributions for state-led projects. Order the Imbonerakure and other officials to dismantle all unauthorized roadblocks.
  3. Direct the Justice Ministry to thoroughly and impartially investigate past grave violations of human rights with a view to appropriately prosecuting current and former state security officers and government officials who were responsible for serious criminal offenses. These include National Defense Force and police extrajudicial executions of 47 civilians, members of armed groups and other suspected opponents between December 30, 2014, and January 3, 2015 in Cibitoke province; police use of excessive force in a crackdown on protests in 2015; violence against suspected opponents after the protests; allegations of extrajudicial executions by members of the security forces on December 11, 2015 ; torture and ill treatment of suspected opponents by national intelligence agents and police in since 2015; and extrajudicial executions, enforced disappearances, and arbitrary arrests of suspected opponents by national intelligence agents, police, and Imbonerakure members since 2015, including during the periods leading up to the constitutional referendum in 2018 and the elections held earlier this year.
  4. Ensure a thorough and independent investigation into the crimes and abuses committed by the Imbonerakure. These investigations should lead to fair and transparent prosecutions, and your government should ensure that your party’s youth league is disarmed and not used for any official state security or similar duties.
  5. End all political interference in the judicial system, facilitate victims’ access to justice, and ensure progress on emblematic cases. This should include the immediate and unconditional release of all political prisoners and prisoners jailed for exercising their fundamental rights, including Germain Rukuki, Nestor Nibitanga, Christine Kamikazi, Agnès Ndirubusa, Egide Harerimana, and Térence Mpozenzi
  6. Fully protect everyone’s rights to freedom of expression, assembly, and association in accordance with international standards. Lift the suspension on the operations of independent media and human rights organizations, and ensure journalists and human rights activists who are in exile can return safely. Members and supporters of political parties, Burundian and international journalists, and Burundian and international human rights defenders should be able to conduct their work freely, criticize government policies, and organize peaceful protests without fear of intimidation, reprisals, harassment, arrests, or the excessive use of force by the security forces.
  7. Cooperate with and support regional and international human rights mechanisms and treaties, and act to ensure that Burundian law adequately reflects international human rights commitments. This should include full cooperation with the UN Human Rights Council’s special procedures, including giving the UN Commission of Inquiry on Burundi unfettered access to the country; the resumption of cooperation with the Office of the High Commissioner for Human Rights; finalization of a memorandum of understanding with the African Union’s human rights observer mission and ensuring the observers get unfettered access to the country and its detention facilities; and allow international NGOs to operate without interference.
  8. Ratify the Rome Statute and align national legislation provisions to cooperate promptly and fully with the International Criminal Court as a court of last resort. Cooperate with the ongoing ICC investigations into alleged crimes against humanity committed in Burundi or by nationals of Burundi outside Burundi until 26 October 2017.

https://www.voanews.com/africa/un-investigators-skeptical-reform-promises-new-burundi-president

https://www.hrw.org/news/2020/07/15/letter-president-ndayishimiye-protecting-human-rights-burundi

Posdcast with Ketty Nivyabandi, poet & woman human rights defender from Burundi

July 20, 2020

Ketty Nivyabandi is a Burundian activist and poet who led the first women-only demonstrations against Burundi’s president in 2015. She defied police beatings, tear gas, and a water cannon to make women’s voices heard.

In this podcast THE HUMAN RIGHTS FOUNDATION dives into Burundi’s authoritarian regime and Ketty’s resistance to Burundi’s dictatorship. What role can women play in protesting and organizing? How do you survive police brutality? How can people remain hopeful and support protestors in Burundi?

https://www.youtube.com/watch?v=XfJuctTwAuA&feature=youtu.be

Recent events make that May 20 elections in Burundi should be postponed

May 18, 2020

IDN-InDepthNews

It is a matter of extreme urgency that Burundi’s presidential, legislative, and local elections, scheduled for May 20, be postponed. Admittedly, it’s the eleventh hour, but the contagion of violence, and the viral contagion of COVID-19, make rescheduling imperative. Three events of the past several days make an incontrovertible  argument:

  • On May 14, the United Nations Commission of Inquiry (COI) on Burundi—investigating alleged crimes against humanity committed by Burundian government forces since September 2016  —released an urgent statement in light of the “numerous acts of violence and human rights violations” occurring during the election campaign. The Commission made clear that accelerating violence and the “shrinking of democratic space” put the electoral process at serious risk.
  • On May 13, the Burundian government expelled the World Health Organization (WHO) team just as the pandemic inexorably spreads in Burundi. The government has done little to address the COVID-19 crisis. Massive campaign events are being held—making a mockery of physical distancing — in blatant defiance of WHO recommendations. And now the government, in a spasm of defensive irrationality, declares the WHO persona non grata.
  • And, on May 8, the Burundian government informed the East African Community that election monitors would be required to quarantine for 14 days, effectively preventing them from entering Burundi before the May 20 vote. The election will thus be held without any international monitoring to ensure that the vote is free and fair.

Pierre Nkurunziza, granted the title of “Supreme Guide of Patriotism,” heads an authoritarian regime. Nkurunziza, who is not standing for re-election, has chosen as his successor a man who is complicit in the alleged crimes against humanity now being investigated by the UN’s COI and the International Criminal Court. His name is Evariste Ndayishimiye, a retired army general who has served as minister of the interior and security. “Do not be afraid,” General Ndayishimiye said of COVID-19 during the campaign. “God loves Burundi, and if there are people who have tested positive, it is so that God may manifest his power in Burundi.”

New reports from Human Rights Watch and Amnesty International amply testify that the crisis in Burundi has been worsening as the election nears. Government forces are launching attacks against real and perceived regime opponents. The few remaining independent media outlets are being threatened and harassed. Human rights defenders have either fled the country or been intimidated into silence…………..

[see: https://humanrightsdefenders.blog/tag/burundi/]

 

https://www.indepthnews.net/index.php/the-world/africa/3544-burundi-threatens-to-deal-a-severe-blow-to-un-reputation

 

Human Rights Defenders issues on the agenda of 43rd Human Rights Council

February 24, 2020

On 17 February 2020 the International Service for Human Rights (ISHR) published – as usual – its excellent “HRC43 | Key issues on agenda of March 2020 session”. Here some excerpts that relate directly to human rights defenders in the 43rd session of the UN Human Rights Council, which runs from 24 February to 20 March 2020.  If you want to stay up-to-date: with all issues follow @ISHRglobal and #HRC43 on Twitter.

Here are some highlights of the session’s thematic discussions

Protection of human rights defenders including women human rights defenders. The Council will consider a resolution, presented by Norway, to renew the mandate of the Special Rapporteur on the situation of human rights defenders. The mandate gathers and responds to information on the situation of defenders around the world, engages constructively with governments and non-State actors and provides recommendations to promote the effective implementation of the Declaration on human rights defenders. In 2019, the Council and the General Assembly unanimously affirmed the vital work defenders play. The Council recognised the critical role of environmental human rights defenders in protecting vital ecosystems, addressing climate change, attaining the sustainable development goals (SDGs). The General Assembly passed by consensus a resolution focusing on implementation of the Declaration and some key elements of protection policy; the resolution also attracted a record number of co-sponsors. The Special Rapporteur on the situation of human rights defenders will present his report on human rights defenders operating in conflict and post-conflict situations on 4 March, and country visits to Colombia and Mongolia.

Reports of cases of intimidation and reprisal against those cooperating or seeking to cooperate with the UN not only continue, but grow. Intimidation and reprisals violate the rights of the individuals concerned, they constitute violations of international human rights law and undermine the UN human rights system. [for some of my ealrier posts on reprisals, see: https://humanrightsdefenders.blog/tag/reprisals/]. During the 42nd session, the Council adopted a resolution which listed key trends such as the patterns of reprisals, increasing self-censorship, the use of national security arguments and counter-terrorism strategies by States as justification for blocking access to the UN. The resolution also acknowledged the specific risks to individuals in vulnerable situations or belonging to marginalised groups, and called on the UN to implement gender-responsive policies to end reprisals. The Council called on States to combat impunity and to report back to it on how they are preventing reprisals, both online and offline. [see also: https://humanrightsdefenders.blog/2019/11/08/michel-forst-in-last-address-to-general-assembly-pleads-to-fight-reprisals/]. Item 5 of the Human Rights Council’s agenda provides a key opportunity for States to raise concerns about reprisals, and for governments involved in existing cases to provide an update to the Council on any investigation or action taken toward accountability to be carried out.

At this 43rd session, the Council will discuss a range of economic, social and cultural rights in depth through dedicated debates with mandate holders alongside the annual report of the Secretary-General on the realisation of economic, social and cultural rights globally. These include interactive dialogues with the following:

  • The Special Rapporteur on the right to adequate housing on her annual report and country visits reports to Nigeria and France.
  • The Special Rapporteur in the field of cultural rights on her annual report on cultural rights defenders and country visit report to the Maldives and Poland.
  • The Special Rapporteur on human rights and the environment on his annual report and country visits to Fiji and Norway.

The Council will discuss a range of civil and political rights through dedicated debates with the mandate holders, including interactive dialogues with:

  • The Special Rapporteur on torture on his annual report and visit to Comoros.
  • The Special Rapporteur on freedom of religion or belief on his annual report and visits to the Netherlands and Sri Lanka.
  • The Special Rapporteur on the promotion and protection of human rights while countering terrorism on her annual report and visit to Kazakhstan.
  • The Special Rapporteur on the right to privacy on his annual report.

Country-specific developments

China Confronted with mounting evidence of serious human rights violations in China, specifically the mass internment, ‘re-education’, surveillance and harassment of Turkic Muslims in the western province of  Xinjiang, the view of many parts of the UN is incontrovertible. Beginning with a major UN review in August 2018, the UN High Commissioner has pressed for access, while the Special Procedures have expressed serious concerns about protection of freedom of religious belief, the impacts of counter-terrorism and counter-extremism measures, and the imposition of the death penalty in at least one case, that of university president Tashpolat Tiyip. In light of these concerns and the continued deterioration of the situation for human rights lawyers and defenders; the attacks on cultural rights and other freedoms in Tibet; and criminalisation of peaceful assembly and excessive use of police force in Hong Kong, it is high time for the Council to act. Member States should take concrete steps to call for independent, expert monitoring and reporting on the situation in Xinjiang, including access to the region, and urge accountability for actions by public authorities. [see also: https://humanrightsdefenders.blog/2019/07/12/joint-letter-by-22-states-to-human-rights-council-re-chinas-uighurs/ and https://humanrightsdefenders.blog/2019/07/20/china-coalition-anti-human-rights-un/]

Saudi Arabia The Council’s action on Saudi Arabia has contributed to the provisional release of at least seven women’s rights activists from detention. However, they are still facing trial and many remain in detention. Recent revelations of phone hacking, surveillance and possible blackmail and extortion of the owner of the Washington Post demonstrate the measures that the State is prepared to take to silence any form of criticism or dissent. The joint statement delivered by Australia in September sets out benchmarks for the Saudi government to take to demonstrate its willingness to improve the human rights situation. These benchmarks have not been met. States should ensure that Council scrutiny is maintained and in particular establish a monitoring and reporting mechanism over the situation. [for other posts on Saudi Arabia, see: https://humanrightsdefenders.blog/tag/saudi-arabia/]

Egypt The lack of action by the international community has emboldened the Egyptian government to continue to violate fundamental rights of its citizens. Special Procedures have rung the alarm bell regarding the pattern of reprisals against individuals and groups who sought to or engaged with the UN. In the last quarter of 2019 alone, more than 3,000 people were arbitrarily arrested and prosecuted under counter-terrorism laws in a nationwide crackdown against all forms of peaceful expression. The Committee against Torture has found that torture in Egypt is widespread and systematic and the situation meets all of the objective criteria for situations requiring the Council’s attention. States should initiate Council action on the situation before it further deteriorates. [see also: https://humanrightsdefenders.blog/tag/egypt/ ]

India The High Commissioner expressed concern over India’s Citizenship (Amendment) Act 2019 (CAA) for being ‘fundamentally discriminatory’ as it fails to extend protections to Muslim asylum seekers. Nationwide demonstrations and protests have been met with police brutality and arbitrary detentions. Vigilante groups allegedly affiliated with right-wing Hindu nationalist groups close to the government have physically attacked student protestors. Human rights defenders involved in organising peaceful assemblies have been detained and faced online harassment. ISHR calls on States to raise these concerns in their national statements including during the high level segment. [See also: https://humanrightsdefenders.blog/2019/06/27/ngos-come-out-in-support-of-indias-lawyers-collective/]

Burundi. At the last Council session, the Council renewed the mandate of the Commission of Inquiry on Burundi, which will present its oral briefing on 10 March at 10:00. ISHR remains highly concerned about the human rights situation in Burundi and its refusal to cooperate with the Council’s mechanisms. For more information on the situation of human rights defenders in Burundi, check ISHR Briefing Paper for the UPR here. See also: https://humanrightsdefenders.blog/2019/03/29/ngo-statement-condemns-new-irregularities-in-the-case-of-germain-rukuki-burundi/

Sri Lanka. Civil society groups are concerned over the backsliding on the commitments made by Sri Lanka in Human Rights Council Resolution 30/1. The recently elected president, Gotabaya Rajapaksa, along with his brother Mahinda Rajapaksa, who has been appointed prime minister, have been implicated in war crimes and numerous human rights violations when they were defence secretary and president respectively from 2005 to 2015. The new Government has made clear its intention to walk away from the Council process on Sri Lanka, a process that is currently the only hope for victims of human rights violations that truth, justice, reparations, and guarantees of non-recurrence are possible. [see https://www.nwaonline.com/news/2020/feb/23/sri-lanka-details-un-case-pullout/] Meanwhile, the relatively open climate for human rights defenders and journalists of the past few years seems to be rapidly closing. More than a dozen human rights and media organisations have received intimidating visits by members of law enforcement and intelligence agencies, while death threats against journalists have resumed. ISHR calls on States to urge for continued cooperation of the Government of Sri Lanka with OHCHR and the Special Procedures. The Council should reiterate the reference in Resolution 40/1 to “the adoption of a time-bound implementation strategy” for implementation of all elements of Resolution 30/1. [see also: https://humanrightsdefenders.blog/2020/01/22/sri-lankan-government-accused-of-embarking-on-process-to-silence-critics/]

Other country situations:

    • Interactive dialogue with the High Commissioner on the Occupied Palestinian Territories
    • Interactive dialogue with the Special Rapporteur on Eritrea
    • Interactive dialogue with the Special Rapporteur on Myanmar
    • Interactive dialogue with the Special Rapporteur on the Democratic People’s Republic of Korea
    • Interactive dialogue with the High Commissioner on Libya
    • High-level interactive dialogue on the Central African Republic
    • Interactive dialogue with the Commission on human rights on South Sudan
    • Interactive dialogue with the Special Rapporteur on Iran
    • Interactive dialogue with the Commission of Inquiry on Syria
    • Enhanced interactive dialogue on the High Commissioner’s report on the Democratic Republic of Congo
    • Interactive dialogue with the Independent Expert on Mali 
    • Interactive dialogue on the High Commissioner’s oral report on Ukraine
    • High Commissioner briefings on the following countries: Guatemala, Honduras, Colombia, Nicaragua, Yemen, Venezuela, Myanmar, Cyprus, Sri Lanka, Iran, Eritrea, Afghanistan

During this session, the Council will adopt the UPR working group reports on Italy, El Salvador, the Gambia, Bolivia, Fiji, San Marino, Kazakhstan, Angola, Iran, Madagascar, Iraq, Slovenia, Egypt and Bosnia and Herzegovina. This session of the Council will provide an opportunity for Angola, Egypt and Fiji  to to accept recommendations made in relation to human rights defenders, as proposed in ISHR’s briefing papers.

Council programme, appointments and resolutions

The President of the Human Rights Council will propose candidates for the following mandates:

  1. Two members of the Expert Mechanism on the Rights of Indigenous Peoples (one from Asia and one from the Arctic);
  2. Independent Expert on the situation of human rights in Somalia;
  3. Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context;
  4. Special Rapporteur on contemporary forms of slavery, including its causes and its consequences;
  5. Special Rapporteur on the rights of indigenous peoples;
  6. Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material;
  7. Special Rapporteur on the situation of human rights defenders;
  8. Special Rapporteur on the situation of human rights in Myanmar.

Some resolutions werealready announced (States leading the resolution in brackets):

  1. Prevention of genocide (Armenia)
  2. Special Rapporteur on Torture, mandate renewal (Denmark)
  3. Freedom of religion or belief (EU)
  4. Situation of human rights in Myanmar (EU)
  5. Situation of human rights in the Democratic People’s Republic of Korea, mandate renewal (EU)
  6. Mandate renewal of the Special Rapporteur on the human rights of migrants (Mexico)
  7. Protecting the rights of human rights defenders, mandate renewal (Norway)
  8. Technical assistance and capacity-building to improve human rights in Libya (African Group)
  9. 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)
  10. The human rights situation in the Syrian Arab Republic (France, Germany, Italy, Jordan, Kuwait, Morocco, Netherlands, Qatar, Turkey, United Kingdom of Great Britain and Northern Ireland)
  11. Situation of human rights in South Sudan, mandate renewal (Albania, Norway, United Kingdom of Great Britain and Northern Ireland)
  12. Situation of human rights in the Islamic Republic of Iran, mandate renewal (North Macedonia, Republic of Moldova, Sweden, United Kingdom of Great Britain and Northern Ireland)
  13. Freedom of Expression, mandate renewal (Netherlands, Canada)

Officers of the Human Rights Council

Newly appointed members of the Bureau for the 14th cycle comprises of the following Ambassadors:

  • Ms. Elisabeth Tichy-Fisslberger (Austria), President of the Human Rights Council
  • Mr. Yackoley Kokou Johnson (Togo), Vice-President and Rapporteur
  • Mr. Nasir Ahmad Andisha (Afghanistan), Vice-President
  • Ms. Socorro Flores Liera (Mexico), Vice-President
  • Mr. Juraj Podhorský (Slovakia), Vice-President

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. Four panel discussions are scheduled for this upcoming session:

  1. Annual high-level panel discussion on human rights mainstreaming titled “Thirty years of implementation of the Convention on the Rights of the Child: challenges and opportunities” will take place on 24 February at 16:00
  2. High-level panel discussion commemorating the twenty-fifth anniversary of the Beijing Declaration and Platform for Action with a particular focus on their implementation will take place on 25 February at 09:00
  3. Annual interactive debate on the rights of persons with disabilities, titled “Article 8 of the Convention on the Rights of Persons with Disabilities, on awareness-raising”, will take place on 6 March at 16:00
  4. Debate on the midterm review of the International Decade for People of African Descent will take place on 13 March at 16:00.

NOTE: The UN’s liquidity crisis is having a serious impact on this session and the next one (44th in June) and ISHR – jointly with 26 other NGOs – have expressed their concerns to the UNSG that in light of the special emergency measures and ongoing budget constraints, further measures may be imposed to restrict civil society participation at the Council. Despite the adoption of a number of measures by the Council over the years to address the budgetary constraints faced by the United Nations Office at Geneva (UNOG), the Director General of UNOG informed the Council’s President that the Council may not be able to carry out all its mandated activities in 2020. This is due to the special emergency measures instituted by the UNSG to respond to the UN’s liquidity crisis which prohibit all lunch-time meetings, thus making it impossible for UNOG to provide conference services to all the Council’s required meetings. The President of the Council requested the UNSG to issue an exemption of these measures to ensure that the Council can hold all its meetings. The UNSG issued an exemption for meetings during the High-level Segment and voting on resolutions, but not for other meetings in the March session. [see also: https://humanrightsdefenders.blog/2019/05/20/lack-of-funds-forces-lack-of-oversight-by-un/]

For more information contact: Salma El Hosseiny at s.hosseinyATishr.ch 

For a survey of the 42nd session, see: https://humanrightsdefenders.blog/2019/10/02/result-of-the-42nd-session-of-the-un-human-rights-council/

See also CIVICUS advisory on this Council session: https://www.civicus.org/index.php/media-resources/news/united-nations/geneva/4282-advocacy-priorities-at-43rd-session-of-un-human-rights-council

https://www.ishr.ch/news/hrc43-key-issues-agenda-march-2020-session

Burundi elections start with convicting 4 journalists

February 5, 2020

Result of the 42nd session of the UN Human Rights Council

October 2, 2019

On 27 September 2019 a group of civil society organisations welcomed significant outcomes of the HRC’s 42nd session, including reaffirming its condemnation of reprisals and extending its scrutiny over Yemen, Venezuela, Cambodia, Burundi, Myanmar, and Sudan. This session witnessed heightened scrutiny of Council members by shedding light on the situation in Saudi Arabia, but it missed an opportunity to ensure scrutiny over situations in China, Kashmir and Egypt. [see also: https://humanrightsdefenders.blog/2019/09/05/human-rights-defenders-issues-at-the-42nd-session-of-the-un-human-rights-council/]

The 42nd session also advanced standards on several issues including the right to privacy, administration of justice and the death penalty, but failed to defend the mandate of the Special Rapporteur on counter-terrorism against attempts to dilute and distract its focus. The High Commissioner failed again to present the database on companies facilitating Israel’s illegal settlements.

The Council reaffirmed that reprisals can never be justified. Council members rejected attempts to weaken the text including deleting the references to the roles of the Assistant Secretary-General and the Human Rights Council Presidents. [https://humanrightsdefenders.blog/2019/09/23/andrew-gilmours-2019-report-on-reprisals-it-gets-worse-but-response-remains-mostly-rhetoric/] The resolution listed key trends such as the patterns of reprisals, increasing self-censorship, the use of national security arguments and counter-terrorism strategies by States as justification for blocking access to the UN, acknowledged the specific risks to individuals in vulnerable situations or belonging to marginalized groups, and called on the UN to implement gender-responsive policies to end reprisals. The Council called on States to combat impunity and to report back to it on how they are preventing reprisals, both online and offline.

They welcome the creation of a Fact-Finding Mission (FFM) on Venezuela as an important step towards accountability for the grave human rights violations documented by the High Commissioner.

They welcome the renewal and strengthening of the mandate of the Group of Eminent Experts on Yemen, sending a clear message to parties to the conflict – and to victims – that accountability is at the center of the mandate, and providing a crucial and much-needed deterrent to further violations and abuses. States should support the recommendations made by the GEE in their recent report, including prohibiting the authorization of transfers of, and refraining from providing, arms that could be used in the conflict to such parties; and clarifying the GEE’s role to collect and preserve evidence of abuses.

They welcome the renewal of the mandate of the Special Rapporteur on Cambodia, but regret that calls to strengthen the mandate of the OHCHR to monitor and report on the situation have been ignored. We regret that the resolution fails to accurately depict the continuing crackdowns on civil society and the severity and scale of recent attacks on the political opposition.

They welcome the renewal of the mandate of the Commission of Inquiry on Burundi. Its work is vital as the country heads towards elections in 2020. The Burundian Government should desist from denial and insults, and should cooperate with the Commission and other UN bodies and mechanisms.

They welcome that the EU and OIC have jointly presented a resolution on Myanmar requesting the High Commissioner to report on the implementation of the recommendations of the Fact-Finding Mission at HRC 45. However, the international community needs to take stronger action to ensure accountability for and cessation of grave international crimes, in particular by referring Myanmar to the ICC and imposing a global arms embargo – and by acting on the FFM’s reports, including those on economic interests of the military and on sexual and gender-based violence in Myanmar and the gendered impact of its ethnic conflicts.

On terrorism and human rights, they are deeply disappointed that Mexico and other States have partially acquiesced in attempts by Egypt to dilute or distract the work of the Special Rapporteur on counter-terrorism away from its appropriate focus on human rights violations while countering terrorism and human rights of victims of terrorism. We regret that States have asked the Special Rapporteur to spend the limited time and resources of the mandate, to comment on the overbroad concept of the “effects” of terrorism, by which Egypt and some other States seem primarily to mean macroeconomic, industrial, and investment impacts, rather than the human rights of individual victims. The length to which States seem willing to put the existing Special Rapporteur’s mandate at risk, in the name of protecting it, while failing even to incorporate stronger consensus text on human rights issues included in the most recent merged parallel resolution at the General Assembly, suggests that the merger of the previous Mexican and Egyptian thematic resolutions no longer holds any real promise of positive results for human rights.

They welcome the Council’s renewed attention to the protection of the right to privacy in the digital age: fully integrating human rights into the design, development and deployment of Artificial Intelligence, machine learning technologies, automated decision-making, and biometric systems, is essential to safeguard not only the right to privacy, but also to freedom of expression, peaceful assembly, and association, and economic social and cultural rights.

On human rights in the administration of justice, we welcome the focus in this year’s resolution on concrete measures to prevent and respond to violence, death and serious injury in situations of deprivation of liberty, which illustrates the potential of thematic resolutions to set out specific practical, legal and policy steps that can be drawn on by governments, civil society, and other stakeholders to have real positive impact at the national level.

They commend Australia for its leadership on Saudi Arabia, as well as the other States who stood up for women’s rights activists and accountability. They urge more States to live up to their commitment to defend civil society and sign the statement in the coming 2 weeks.

For five years since the last joint statement in March 2014, the Council has failed to hold Egypt accountable for continuing systematic and widespread gross human rights violations. In the latest crackdown on peaceful protests, reports indicate that more than 2000 people have been arrested in the past week. When will the Council break its silence and convene a Special Session to address the grave and deteriorating human rights situation in Egypt?

Signatories:

  • International Service for Human Rights (ISHR)
  • DefendDefenders (the East and Horn of Africa Human Rights Defenders Project)
  • Commonwealth Human Rights Initiative (CHRI)
  • CIVICUS: World Alliance for Citizen Participation
  • Cairo Institute for Human Rights Studies
  • Asian Legal Resource Centre
  • Asian Forum for Human Rights and Development (FORUM-ASIA)
  • International Commission of Jurists (ICJ)
  • Amnesty International
  • Association for Progressive Communications (APC)
  • Human Rights Watch
  • International Federation for Human Rights (FIDH)
  • Physicians for Human Rights (PHR)

—————

Below the fulll list of 38 texts adopted:

Resolutions

Action on Text under Agenda Item 1 on Organizational and Procedural Matters

In a Presidential Statement (A/HRC/42/L.32) on the reports of the Advisory Committee, adopted without a vote, the Human Rights Council takes note of the reports of the Advisory Committee on its twenty-second and twenty-third sessions.

Action on Texts under Agenda Item 2 on the Report of the High Commissioner and Reports of the Office of the High Commissioner and the Secretary-General

In a resolution (A/HRC/42/L.6) on the composition of staff of the Office of the United Nations High Commissioner for Human Rights, adopted by a vote of 30 in favour, 13 against and four abstentions, the Council requests the United Nations High Commissioner for Human Rights to continue her efforts with a view to redress the current imbalance in the geographical composition of the staff of her Office and requests her to submit a report at the Council’s forty-fifth session.

In a resolution (A/HRC/42/L.16) on the human rights situation in Yemen, adopted by a vote of 22 in favour, 12 against and 11 abstentions, the Council decides to renew the mandate of the Group of Eminent International and Regional Experts for a further period of one year to, inter alia, monitor and report on the situation of human rights and carry out comprehensive investigations into all alleged violations and abuses of international human rights law and all alleged violations of international humanitarian law committed by all parties to the conflict since September 2014. The Council requests the Group of Eminent International and Regional Experts to present a comprehensive written report to the Human Rights Council at its forty-fifth session.

In a resolution ( A/HRC/42/L.21/Rev.1 ) on the situation of human rights of Rohingya Muslims and other minorities in Myanmar, adopted by a vote of 37 in favour, two against and seven abstentions, the Council requests the United Nations High Commissioner for Human Rights to follow up on the implementation of the recommendations made by the independent international fact-finding mission, including those on accountability, and to continue to track progress in the situation of human rights in Myanmar, including of Rohingya Muslims and other minorities, and to present a written report thereon to the Human Rights Council at its forty-fifth session.

In a resolution (A/HRC/42/L.38/Rev.1) on strengthening cooperation and technical assistance in the field of human rights in the Bolivarian Republic of Venezuela, adopted by a vote of 18 in favour, six against and 23 abstentions, the Council welcomes the permanent presence of the Office of the High Commissioner in Venezuela under the terms established in the memorandum of understanding signed on 20 September 2019, including unlimited access to all region and detention centres, and requests the High Commissioner to present to the Council, at its forty-third and forty-fifth sessions, as well as before the end of 2019, an oral update on the situation of human rights in Venezuela. The Council also requests the High Commissioner to submit a comprehensive written report on the situation of human rights in Venezuela at its forty-fourth session, including the outcome of the investigation on the ground into allegations of possible human rights violations to ensure the accountability of perpetrators and redress for victims.

Action on Texts under Agenda Item 3 on the Promotion and Protection of All Human Rights, including the Right to Development

In a resolution (A/HRC/42/L.1) on the human rights to safe drinking water and sanitation, adopted without a vote, the Council decides to extend the mandate of the Special Rapporteur on the human rights to safe drinking water and sanitation for a period of three years and requests the Special Rapporteur to compile good practices at the local, national, regional and international levels in order to promote the progressive realization of the human rights to safe drinking water and sanitation, and to report thereon to the Human Rights Council at its forty-fifth session.

In a resolution (A/HRC/42/L.2) on the role of prevention in the promotion and protection of human rights, adopted without a vote, the Council affirms the importance of effective preventive measures as a part of overall strategies for the promotion and protection of all human rights, and requests the Office of the High Commissioner to prepare a study, to be presented to the Human Rights Council at its forty-fifth session, on the contribution of the special procedures in assisting States and other stakeholders in the prevention of human rights violations and abuses.

In a resolution (A/HRC/42/L.5) on the World Programme for Human Rights Education: adoption of the plan of action for the fourth phase, adopted without a vote, the Council adopts the plan of action for the fourth phase (2020–2024) of the World Programme for Human Rights Education and decides to convene at its forty-eighth session a high-level panel discussion to mark the tenth anniversary of the United Nations Declaration on Human Rights Education and Training, on the theme “The tenth anniversary of the United Nations Declaration on Human Rights Education and Training: good practices, challenges and the way forward”.

In a resolution (A/HRC/42/L.7) on the promotion of a democratic and equitable international order, adopted by a vote of 25 in favour, 14 against and eight abstentions, the Council invites the Independent Expert on the promotion of a democratic and equitable international order to examine the impact of financial and economic policies pursued by international financial institutions on a democratic and equitable international order, in particular those of the World Bank and the International Monetary Fund, and to submit the report to the Human Rights Council at its forty-fifth session.

In a resolution (A/HRC/42/L.8) on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination, adopted by a vote of 29 in favour, 14 against and four abstentions, the Council renews for a period of three years the mandate of the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination, and requests the Working Group to report its findings to the Human Rights Council at its forty-fifth session and to the General Assembly at its seventy-fifth session.

In a resolution (A/HRC/42/L.9) on the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, adopted without a vote, the Council renews the mandate of the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, for a period of three years, and requests the Special Rapporteur to submit reports on the implementation of the mandate to the Human Rights Council and the General Assembly in accordance with their annual programmes of work.

In a resolution (A/HRC/42/L.11) on human rights in the administration of justice, including juvenile justice, adopted without a vote, the Council invites States to take into consideration the issue of human rights in the administration of justice in the context of the Universal Periodic Review and requests the High Commissioner to submit to the Human Rights Council, at its forty-seventh session, an analytical report on human rights in the administration of justice, in particular on current and emerging challenges in the protection of persons deprived of their liberty, including judicial oversight.

In a resolution (A/HRC/42/L.13) on the human rights of older persons, adopted without a vote, the Council decides to extend the mandate of the Independent Expert on the enjoyment of all human rights by older persons for a period of three years, and requests the Secretary-General to ensure that the reports of the Independent Expert are brought to the attention of the Open-ended Working Group on Ageing.

In a resolution (A/HRC/42/L.14) on the right to social security, adopted without a vote, the Council decides to convene, before its forty-fifth session, an intersessional full-day panel discussion on the right to social security in the changing world of work with a view of identifying challenges and best practices. It also requests the High Commissioner for Human Rights to prepare a summary report on the panel discussion and to submit it to the Human Rights Council at its forty-sixth session.

In a resolution (A/HRC/42/L.17) on marking the twenty-fifth anniversary of the Beijing Declaration and Platform for Action, adopted without a vote, the Council decides to convene, during the high-level segment at its forty-third session, a high-level panel discussion to commemorate the twenty-fifth anniversary of the Fourth World Conference on Women, with a particular focus on the implementation of the Beijing Declaration and Platform for Action and the outcome documents of its review conferences, as well as on achievements, best practices and challenges in this regard.

In a resolution (A/HRC/42/L.18) on the right to privacy in the digital age, adopted without a vote, the Council requests the United Nations High Commissioner for Human Rights to organize, before its forty-fourth session, a one-day expert seminar to discuss how artificial intelligence, including profiling, automated decision-making and machine-learning technologies may, without proper safeguards, impact the enjoyment of the right to privacy, to prepare a thematic report on the issue, and to submit it to the Council at its forty-fifth session.

In a resolution (A/HRC/42/L.19) on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, adopted without a vote, the Council decides to extend the mandate of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, as established by the Human Rights Council in paragraph 1 of its resolution 6/29, for a further period of three years.

In a resolution (A/HRC/42/L.20) on human rights and transitional justice, adopted without a vote, the Council requests the Office of the United Nations High Commissioner for Human Rights to examine in a report how addressing a legacy of gross violations and abuses of human rights and serious violations of international humanitarian law through transitional justice measures can contribute to sustaining peace and the realization of Sustainable Development Goal 16, and to present the report to the Human Rights Council at its forty-sixth session.

In a resolution (A/HRC/42/L.23) on terrorism and human rights, adopted without a vote, the Council strongly condemns terrorist acts and all acts of violence committed by terrorist groups and the continued systematic and widespread abuses of human rights perpetrated by such groups, and requests States to refrain from providing support to entities or persons involved in terrorist acts, including support in establishing propaganda platforms advocating hatred that constitutes incitement to discrimination, hostility or violence, including through the Internet and other media.

In a resolution (A/HRC/42/L.24) on human rights and indigenous peoples, adopted without a vote, the Council decides to hold an intersessional round table on possible steps to be taken to enhance the participation of indigenous peoples’ representatives and institutions in meetings of the Human Rights Council on issues affecting them, with the full and effective participation of indigenous peoples’ representatives and institutions from the seven indigenous sociocultural regions represented at the thirteenth session of the Expert Mechanism on the Rights of Indigenous Peoples.

In a resolution (A/HRC/42/L.25) on human rights and indigenous peoples: mandate of the Special Rapporteur on the rights of indigenous peoples, adopted without a vote, the Council decides to renew the mandate of the Special Rapporteur on the rights of indigenous peoples for a period of three years to, inter alia, examine ways and means of overcoming existing obstacles to the full and effective protection of the rights of indigenous peoples, to pay special attention to the human rights and fundamental freedoms of indigenous children and women, and to take into account a gender perspective in the performance of the mandate.

In a resolution (A/HRC/42/L.27) on the protection of the rights of workers exposed to hazardous substances and wastes, adopted without a vote, the Council encourages States, business enterprises and other actors to implement the 15 principles presented by the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes through their respective legal and policy frameworks, as well as through initiatives and programmes to strengthen the coherence between human rights and occupational health and safety standards with regard to the exposure of workers to toxic substances.

In a resolution (A/HRC/42/L.34/Rev.1) on arbitrary detention, adopted without a vote, the Council decides to extend the mandate of the Working Group on Arbitrary Detention for a further period of three years, and requests the Working Group to prepare a study on arbitrary detention related to drug policies to ensure that upholding the prohibition thereon is included as part of an effective criminal justice response to drug-related crimes, and that such a response also encompasses legal guarantees and due process safeguards, and to submit to the Council at its forty-seventh session a report thereon, and to bring the report to the attention of the Commission on Narcotic Drugs as the policymaking body of the United Nations with prime responsibility for drug-control matters.

In a resolution (A/HRC/42/L.36) on the right to development, adopted by a vote of 27 in favour, 13 against and 7 abstentions as orally revised, the Council decides that, at its twenty-first session, the Working Group on the Right to Development will commence the elaboration of a draft legally binding instrument on the right to development on the basis of the draft prepared by the Chair-Rapporteur. The Council further decides to extend for a period of three years the mandate of the Special Rapporteur on the right to development, and to organize a biennial panel discussion on the right to development, starting at its forty-fifth session. It also decides to establish a subsidiary expert mechanism to provide the Council with thematic expertise on the right to development that shall consist of five independent experts who shall serve for a three-year period. The expert mechanism shall report annually to the Human Rights Council on its work and shall meet once annually for three days in Geneva and once annually for three days in New York.

In a resolution (A/HRC/42/L.37) on the question of the death penalty, adopted by a vote of 26 in favour, 14 against and 6 abstentions, the Council decides that the upcoming biennial high-level panel discussion to be held at the forty-sixth session of the Human Rights Council will address the human rights violations related to the use of the death penalty, in particular with respect to whether the use of the death penalty has a deterrent effect on crime rate, and requests the Office of the High Commissioner to prepare a summary report on the panel discussion and to submit it to the Human Rights Council at its forty-eighth session.

Action on Resolutions under Agenda Item 4 on Human Rights Situations that Require the Council’s Attention

In a resolution (A/HRC/42/L.4/Rev.1) on the situation of human rights in the Bolivarian Republic of Venezuela, adopted by a vote of 19 in favour, seven against and 21 abstentions, the Council requests the United Nations High Commissioner for Human Rights to prepare a comprehensive written report on the situation of human rights in Venezuela and to present the report to the Council at its forty-fourth session. The Council decides to establish, for a period of one year, an independent international fact-finding mission and to dispatch that mission urgently to Venezuela to investigate extrajudicial executions, enforced disappearances, arbitrary detentions and torture and other cruel, inhumane or degrading treatment since 2014, with a view to ensuring full accountability for perpetrators and justice for victims. The Council requests the mission to present a report on its findings during an interactive dialogue at its forty-fifth session.

In a resolution (A/HRC/42/L.10/Rev.1) on the situation of human rights in Burundi, adopted by a vote of 23 in favour, 11 against and 13 abstentions, the Council decides to extend the mandate of the Commission of Inquiry on Burundi in order for it to deepen its investigations, including into respect for and observance of political, civil, economic and social rights in the electoral context, until it presents a final report to the Human Rights Council during an interactive dialogue at its forty-fifth session and to the General Assembly at its seventy-fifth session. The Council requests the Commission to present an oral briefing to the Council at its forty-third and forty-fourth sessions during an interactive dialogue.

In a resolution (A/HRC/42/L.22) on the human rights situation in the Syrian Arab Republic, adopted by a vote of 27 in favour, six against and 13 abstentions, the Council deplores the fact that the conflict in the Syrian Arab Republic continues in its ninth year with its devastating impact on the civilian population, and urges all parties to the conflict to abstain immediately from any actions that may contribute to the further deterioration of the human rights, security and humanitarian situations. The Council demands that the Syrian authorities cooperate fully with the Human Rights Council and the Commission of Inquiry by granting the Commission immediate, full and unfettered access throughout the Syrian Arab Republic, and expresses deep concern about the grave humanitarian situation in the country and at the plight of the 11.7 million people in need of full, timely, immediate, unhindered and safe humanitarian assistance.

The Council welcomes the work of the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Persons Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011 and its close cooperation with the Commission of Inquiry and Syrian civil society, and invites Member States to actively support the Mechanism and to provide adequate financial means for its functioning. The Council further welcomes the steps taken by Member States to prosecute the most serious crimes under international law committed in the Syrian Arab Republic in national courts under the principles of universal jurisdiction and extraterritorial jurisdiction as an important contribution to end impunity and ensure justice for victims.

Action on Resolution under Agenda Item 5 on Human Rights Bodies and Mechanisms

In a resolution (A/HRC/42/L.33/Rev.1) on cooperation with the United Nations, its representatives and mechanisms in the field of human rights, adopted by a vote of 36 in favour and 11 against, with no abstentions, as orally revised, the Council calls upon States to combat impunity by conducting prompt, impartial and independent investigations and pursuing accountability for all acts of intimidation or reprisal by State and non-State actors against any individual or group who seeks to cooperate, cooperates or has cooperated with the United Nations, its representatives and mechanisms in the field of human rights, and by condemning publicly all such acts, underlining that these can never be justified.

Action on Resolution under Agenda Item 9 on Racism, Racial Discrimination, Xenophobia and Related Intolerance

In a resolution (A/HRC/42/L.28/Rev.1) From rhetoric to reality: a global call for concrete action against racism, racial discrimination, xenophobia and related intolerance, adopted without a vote as orally revised, the Council requests the Office of the United Nations High Commissioner for Human Rights to organize, before the eleventh session of the Ad Hoc Committee on the Elaboration of Complementary Standards to the International Convention on the Elimination of All Forms of Racial Discrimination, a two-day expert seminar to consider the elements of a draft additional protocol to the Convention. It further requests the Group of Independent Eminent Experts on the Implementation of the Durban Declaration and Programme of Action to convene its seventh session for five working days during 2020 and to submit a report to the General Assembly at its seventy-fifth session.

Action on Resolutions under Agenda Item 10 on Technical Assistance and Capacity Building

In a resolution (A/HRC/42/L.3) on promoting international cooperation to support national mechanisms for implementation, reporting and follow-up, adopted without a vote, the Council requests the Office of the High Commissioner to organize five regional consultations to exchange experiences and good practices relating to the establishment and development of national mechanisms for implementation, reporting and follow-up, and their impact on effective implementation of human rights obligations and commitments.

In a resolution (A/HRC/42/L.12) on technical assistance and capacity-building for Yemen in the field of human rights, adopted without a vote, the Council requests the United Nations High Commissioner for Human Rights to continue to provide substantive capacity-building and technical assistance to the Government of Yemen and technical support to the National Commission of Inquiry to ensure that it continues to investigate allegations of violations and abuses committed by all parties to the conflict in Yemen, and requests the High Commissioner to present a written report on the implementation of technical assistance at the Council’s forty-fifth session.

In a resolution (A/HRC/42/L.15) on the enhancement of technical cooperation and capacity-building in the field of human rights, adopted without a vote, the Council decides that the theme of the annual thematic panel discussion under agenda item 10, to be held during its forty-fourth session, will be “Upholding the human rights of prisoners, including women prisoners and offenders: enhancing technical cooperation and capacity-building in the implementation of the Nelson Mandela Rules and the Bangkok Rules”.

In a resolution (A/HRC/42/L.26/Rev.1) on assistance to Somalia in the field of human rights, adopted without a vote as orally revised, the Council decides to renew the mandate of the Independent Expert on the situation of human rights in Somalia for a period of one year and requests the Independent Expert to report to the Human Rights Council at its forty-fifth session and to the General Assembly at its seventy-fifth session.

In a resolution (A/HRC/42/L.29/Rev.1) on technical assistance and capacity-building in the field of human rights in the Democratic Republic of the Congo, adopted without a vote, the Council requests the United Nations High Commissioner for Human Rights to present an oral update on the situation of human rights in the Democratic Republic of the Congo at its forty-third session and a comprehensive report at its forty-fifth session.

In a resolution (A/HRC/42/L.30) on technical assistance and capacity-building to further improve human rights in the Sudan, adopted without a vote as orally revised, the Council decides to renew the mandate of the Independent Expert on the situation of human rights in the Sudan for period of one year recognising the intention to phase out the mandate and requests the Independent Expert to present a report on the implementation of his mandate to the Human Rights Council at its forty-fifth session. The Council requests the Government of the Sudan and the Office of the High Commissioner to present their oral reports on progress towards the opening of a country office during an enhanced interactive dialogue at the Council’s forty-forth session.

In a resolution (A/HRC/42/L.31) on technical assistance and capacity-building in the field of human rights in the Central African Republic, adopted without a vote, the Council decides to renew, for one year, the mandate of the Independent Expert on the human rights situation in the Central African Republic and to organize, at its forty-third session, a high-level interactive dialogue to assess the evolution of the human rights situation on the ground, placing special emphasis on preventing the recruitment and use of children in the armed conflict and protecting their rights through their demobilization and reintegration.

In a resolution (A/HRC/42/L.35/Rev.1) on the advisory services and technical assistance for Cambodia, adopted without a vote, the Council decides to extend for two years the mandate of the Special Rapporteur on the situation of human rights in Cambodia, and requests the Special Rapporteur to report on the implementation of her mandate to the Human Rights Council at its forty-fifth and forty-eighth sessions.

http://ishr.ch/news/hrc42-civil-society-presents-key-takeaways-human-rights-council

https://reliefweb.int/report/venezuela-bolivarian-republic/human-rights-council-closes-forty-second-regular-session-adopts

Today, 30 August, International Day of the Victims of Enforced Disappearance

August 30, 2019

Many NGOs pay today attention to the International Day of the Victims of Enforced Disappearances. Here the example of AfricanDefenders (Pan-African Human Rights Defenders Network) which published the following on 27 August:

For each disappeared, more activists stand up! Stop enforced disappearances against human rights defenders

On 13 April 2015, Sandra Kodouda, a Sudanese human rights defender (HRD), was abducted in Khartoum, Sudan by a group of unidentified men. Three days later she returned home with a dislocated shoulder and clear signs of physical abuse. [see: https://humanrightsdefenders.blog/2015/04/17/update-sandra-kodouda-in-sudan-injured-but-back-from-illegal-detention-by-niss/]

Some months later, on 10 December 2015, Burundian HRD Marie Claudette Kwizera was abducted in Bujumbura, Burundi by individuals believed to be members of the Burundian National Intelligence Service (SNR). Marie is still missing.  

The cases of Sandra and Marie are not unique – it was just one of the few cases of enforced disappearance of African HRDs that made the headlines. Every year, African activists disappear without a trace, and without any media coverage. More importantly, no investigation is carried out, and no accountability is ensured. The alleged perpetrators continue to walk the streets, or, in most cases, rule the country, without any repercussions. Meanwhile, the victims are often tortured and many are killed, or live in constant fear of being killed, and the family and friends of the victim are left in the agony of not knowing the fate of their beloved. 

In international human rights law, an enforced disappearance occurs when a person is abducted or imprisoned by state agents or by a third party with the authorisation, support or acquiescence of the state, followed by a refusal to acknowledge the person’s fate and whereabouts, which place the victim outside the protection of the law. When used systematically, it constitutes a crime against humanity according to the International Convention on the Protection of All Persons Against Enforced Disappearances (ICPPED). 

Yet, it is a longstanding, systematic, and widespread tactic, often used by governments to silence HRDs, and as a strategy to spread terror within society. During the 1990s in Algeria, it is estimated that at least 7000 critical voices were abducted by government forces alone during the civil war. In Egypt, the Egyptian Commission for Rights and Freedoms’ campaign, “Stop Enforced Disappearances”, has documented more than 1000 cases of enforced disappearances of HRDs under Al-Sisi’s regime. During the current revolution in Sudan, hundreds of peaceful protests were abducted, disappeared, allegedly by the security forces. The fate and whereabouts of most of the victims remains unknown.

Despite threats and reprisals, the families and the communities of the victim continue to stand up and call for justice. For instance, every year,  Burkinabe students commemorate Dabo Boukary, a student activist who disappeared during student protests in 1990. In Burundi, the impactful campaign “Ndondeza” (where are they?) continues to put pressure on the government and to call for justice. For each person that disappears, more activists stand up.

On 30 August, we commemorate the International Day of the Victims of Enforced Disappearance. We call on states to investigate cases of enforced disappearance and to ensure accountability; to ratify and implement the International Convention for the Protection of all Persons from Enforced Disappearances; and to ensure adequate reparations to the survivors, and their families.

We continue to stand in solidarity with HRDs that have disappeared, been tortured, and/or killed. We continue to demand #JusticeForActivists.

For each disappeared, more activists stand up! Stop enforced disappearances against human rights defenders