Posts Tagged ‘Burundi’

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

September 8, 2018

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

Reprisals

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

Other key thematic reports relevant to HRDs

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

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

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

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

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

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

Country-specific developments

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

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

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

Other country situations where HRD issues are relevant

The Council will hear reports on and is expected to consider resolutions addressing a range of country situations, in some instances involving the renewal of the relevant expert mandates.

They include:

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

Adoption of Universal Periodic Review (UPR) reports

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

Appointment of mandate holders

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

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

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

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

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

Panel discussions

During each Council session, panel discussions are held to provide member States and NGOs with opportunities to hear from subject-matter experts and raise questions. All panel discussions will be broadcast live and archived on http://webtv.un.org. Three panel discussions are scheduled for this upcoming session:

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

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

——

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

Guide to HRD issues at the 38th session of the UN Human Rights Council

June 15, 2018

The UN Human Rights Council will hold its 38th regular session at Palais des Nations in Geneva from 18 June to 6 July 2018. The International Service for Human Rights (ISHR) has – as usual – published an excellent alert full of substantive issues (see link at the bottom of this post). Here I just highlight some of the session’s features that are of special interest to human rights defenders;

Sexual orientation and gender identity. The first interactive dialogue with the new Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity will be held between 9:00 and 12:00 on Monday 18 June. The Council will consider the new report of the mandate holder as well as the report of the country visit to Argentina.
In a joint written submission to the Independent Expert submitted in the lead-up to the presentation of his report to the Council, a group of 12 NGOs detail State obligations that if  implemented, would work towards ensuring that LGBTI defenders’ rights are protected (based in existing international human rights law and articulated in the Yogyakarta Principles (YP) and Yogyakarta Principles plus 10, (YP +10). ISHR and ILGA will organise a side-event that will build on this submission and discuss in more detail State obligations set out in the YP +10. The event will take place on 21 June 2018 from 15:00 to 16:30 in Room XXIII.

Reprisals. Reports of cases of intimidation and reprisal against those seeking to cooperate with the UN not only continue, but grow.  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. [see recent: https://humanrightsdefenders.blog/2018/06/08/ishr-new-report-on-reprisals-and-restrictions-against-ngo-participation-in-the-un/]

Women human rights defenders and women’s rights. The Annual Full Day Discussion on the human rights of women will take place on Thursday 21 June from 16:00 to 18:00. It will focus on the specific impact of online violence on the work of women human rights defenders. It is crucial that the Council’s discussions and resolutions recognise the critical role of women human rights defenders (WHRDs) and organisations led by women and girls as rights holders and agents of change. The Council will hold an interactive dialogue with the Special Rapporteur on violence against women, its causes and consequences on 20 June between 09:00 and 12:00 and will consider her report including the report of her visit to Australia. The Council will also hold an interactive dialogue with the Working Group on the issue of discrimination against women in law and in practice and will consider their reports including a report on the country visit to Samoa and Chad.

Business and human rights. The Council consider the report of the Working Group on the issue of human rights and business. It examines the duty of States to protect against human rights abuses by business enterprises to whom they provide support for trade and investment promotion. It will also consider the Working Group’s report on its mission to CanadaPeru, and on the sixth session of the Forum on Business and Human Rights. Both country reports contain specific sections analysing the situation of human rights defenders, with the report on Peru raising serious concerns about the high level of threats, attacks and violence against local leaders and human rights defenders. The interactive dialogue will be an opportunity for States to follow-up to recommendations made in the UPR in that regard. The core group on the resolution on business and human rights (Argentina, Norway, Ghana and Russia) have announced that they will present a resolution at this Council session to request the OHCHR to continue with the accountability and remedy report with a focus on non-State based remedy mechanisms. The first informal consultation on the draft resolution will be held on 18 June at 16:30 in Room XXIV.

Other thematic reports

The Council will also hold an interactive dialogue and consider the report of the new Special Rapporteur on the rights to freedom of peaceful assembly and of association. Switzerland with Costa Rica also announced that they will be running the resolution on the protection and promotion of human rights in the context of peaceful protests. The first informal consultations will be held on 19 June from 11:30 to 12:30 in Room V.

The Council will also hold an interactive dialogue and consider the report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, which examines regulation of user-generated content online. The Council will consider the report of the High Commissioner on procedures and practices in respect of civil society engagement with international and regional organisations. The core group on the civil society space resolution (Chile, Ireland, Japan, Sierra Leone and Tunisia) announced that they will present a resolution this session.

The Council will also consider the reports of and hold interactive dialogues with the Special Rapporteur on the independence of judges and lawyers, including the report of his mission to Poland, and with the Special Rapporteur on extrajudicial, summary or arbitrary executions, including reports of her missions to Iraq and El Salvador.

Country specific developments

Burundi During its 36th session, the Council passed two resolutions on Burundi. One resolution was led by the European Union and extended the mandate of the Commission of Inquiry. The second resolution was led by the African Group and requested OHCHR to urgently dispatch a team of three experts to engage with the Burundian authorities and all other stakeholders to “collect and preserve information, to determine the facts and circumstances in accordance with international standards and to forward to the judicial authorities of Burundi such information”. The aim was to establish the truth and ensure that the perpetrators are held accountable. Read here ISHR’s analysis of the two resolutions. At the 38th session, the Council will hear the oral briefing by the High Commissioner on the mission of OHCHR on 4 July between 15:00 and 18:00. The Council will also hear an oral briefing by the Commission of Inquiry on 27 June between 09:00 and 12:00. 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/2016/10/26/enough-is-enough-ngos-call-for-burundi-suspension-from-un-human-rights-council/]

China. By any measure, the Chinese government is not living up to the commitments to protect and promote human rights inherent in its Human Rights Council membership. Since the twelve-country joint statement on the human rights situation in China in March 2016, there has been no concerted effort to use the Council space creatively to call for accountability and transparency related to violations in China. This, despite the fact that in July 2017, Chinese security authorities presided over the death in custody of Liu Xiaobo, the first Nobel Peace Prize winner to die in detention since Carl von Ossietzky died in Nazi Germany in 1938… In this context NGOs , incl. the iSHR, continue to call for the release of individuals arbitrarily detained and/or held incommunicado, including Wang Quanzhang, Gui Minhai, Tashi Wangchuk, Lee Ming-che, and Yu Wensheng. [see also: https://humanrightsdefenders.blog/2018/03/07/china-and-the-un-human-rights-council-really-win-win/]

Eritrea. The Council will hold an interactive dialogue with and consider the report of the Special Rapporteur on the situation of human rights in Eritrea on 25 June. A cross-re­gional group of non-governmental organisations urged the Council to support and co-sponsor at the 38th session a streamlined resolution that accurately reflects the gravity of the situation on the ground, renews the mandate of the Special Rapporteur under the Council’s agenda item 4, and sets out a framework for needed reforms to improve the human rights situation in the country and advance accountability.

Other country situations include: 

  • An interactive dialogue on the oral update by the High Commissioner on the situation of human rights of the minority Rohingya Muslim population and other minorities in Rakhine State of Myanmar, and the oral report of the Special Rapporteur on the situation of human rights in Myanmar
  • An enhanced interactive dialogue on the report of the High Commissioner on the findings of the team of international experts on the situation in the Kasai regions of the Democratic Republic of the Congo (DRC) and on the oral update by OHCHR on the situation of human rights in the DRC
  • An oral update by the High Commissioner on the situation of human rights in Ukraine
  • An oral update by the Independent Expert on the situation of human rights in the Central African Republic
  • An interactive dialogue with the Commission of Inquiry on Syria (oral update) and consideration of the summary report of OHCHR on the high-level panel discussion on violations of the human rights of children in Syria
  • An interactive dialogue with the Special Rapporteur on the situation of human rights in Belarus on his report
  • During this session, the Council will adopt the UPR working group reports as part of the 29th session of the UPR. These reports list recommendations the following States under review are expected to implement: France, Tonga, Romania, Mali, Botswana, the Bahamas, Burundi, Luxembourg, Barbados, Montenegro, the United Arab Emirates, Israel, Liechtenstein, and Serbia.

This session of the Council will provide an opportunity for BurundiMali and the United Arab Emirates to to accept recommendations made in relation to human rights defenders, as proposed in ISHR’s briefing papers on those countries.

The Council appointed new Bureau members due to the departure of the Ambassadors of Chile and Germany. The members of the Bureau for 2018 now comprises of the following Ambassadors:

  • Vojislav ŠUC (Slovenia), President of the Human Rights Council
  • Evan P. GARCIA (Philippines), Vice President
  • Cristobal Gonzalez-Aller Jurado (Spain), Vice President
  • Juan Eduardo EGUIGUREN (Chile), Vice President and Rapporteur
  • François Xavier NGARAMBÉ (Rwanda), 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:

  • The Annual Full Day Discussion on the human rights of women will be held in two sessions. First, on 21 June from 16:00 to 18:00, the panel will focus on the impact of violence against women human rights defenders and women’s organisations in digital spaces. The concept note of the panel is available here.
  • The second panel will be held on 22 June from 10:00 to 12:00 and will focus on advancing women’s rights through access and participation in information and communication technologies (ICTs). The concept note of the panel is available here.
  • A panel discussion will be held on 26 June from 16:00 to 18:00 on the human rights of internally displaced persons in commemoration of the twentieth anniversary of the Guiding Principles on Internal Displacement. The concept note of the panel is available here.
  • The Annual Thematic Panel Discussion on technical cooperation in the promotion and protection of human rights will be held on 4 July from 10:00 to 12:00. The topic will be “Human rights and the Sustainable Development Goals: enhancing human rights technical cooperation and capacity-building to contribute to the effective and inclusive implementation of the 2030 Agenda for Sustainable Development”. The concept note of the panel is available here.

The ISHR and other NGOs will again organize quite a few side events on which I will report separately.

https://www.ishr.ch/news/hrc38-key-issues-agenda-june-2018-session

Preview of Human Rights Defenders issues at the 2018 session of the UN Human Rights Council starting Monday

February 24, 2018

Thanks to the International Service for Human Rights I am able to give you a short overview of what issues directly relevant to human rights defenders are coming up in the 37th session of the UN Human Rights Council starting on Monday 26 February 2018. For the broader human rights view please follow the link at the end of this post.

Thematic

Protection of human rights defenders working in the context of people on the move

A few days ago I posted https://humanrightsdefenders.blog/2018/02/20/michel-forst-empowering-defenders-on-the-move-is-crucial-to-the-prevention-of-further-tragedy/ which refers to:

– the Global Compact for Migration which States will negotiate (in an open letter sent on 21 February, High Commissioner for Human Rights Zeid urged States to develop a compact that ‘explicitly recognizes and fully conforms to the existing international human rights framework as the authoritative protection agenda for all migrants’)

–  a thematic report on the situation of defenders of the rights of people on the move by the Special Rapporteur Michel Forst (read  ISHR’s detailed analysis)

– the OHCHR Principles and Practical Guidance for the protection of the Human Rights of Migrants in Vulnerable Situations (Principle 18 which states that States should ‘respect and support the activities of human rights defenders who promote and protect the human rights of migrants’)

– the Special Rapporteur on Torture’s report which is expected to focus on torture and other forms of ill-treatment in the context of migration.

Reprisals

During its last session, the Council adopted a resolution on reprisals. The resolution established a dedicated dialogue to address acts of intimidation and reprisals at each September Council session. Through the resolution, the Council also affirmed the particular responsibilities of its Members, President and Vice-Presidents to investigate and promote accountability for reprisals and intimidation.Reports of cases of reprisals not only continue, but grow in spite of the passage of this resolution, and the appointment of the UN Assistant Secretary General as the Senior Official on addressing Reprisals. As requested by Council Resolution 12/2, the General Debate under Item 5 of the Council is a key moment for States and civil society to raise and follow up cases of reprisals, and to push for accountability for such acts. [one of my favorite topics: https://humanrightsdefenders.blog/tag/reprisals/]

Other key thematic report will be the one by the body working on developing a treaty on business and human rights. The open-ended inter-governmental working group on transnational corporations and other business enterprises (known as IGWG), will present its third report to the Council. ISHR is concerned about the limited protection for human rights defenders in the current elements discussed at the last session. Any process towards drafting a business and human rights treaty should effectively prevent and respond to cases of reprisals.

Country-specific developments relating specially to HRDs:

Burundi. During the 36th session, the Council passed two resolutions on Burundi; one led by the European Union extending the mandate of the Commission of Inquiry and a second resolution by the African Group that requested OHCHR to urgently dispatch a team of three experts to engage with the Burundian authorities and all other stakeholders. Read here ISHR’s analysis of the two resolutions. At the 37th session, the Commission of Inquiry on Burundi will present an oral briefing to the Council. In addition, the High Commissioner will give an oral briefing of the Council on the mission of the OHCHR. Furthermore, the Secretary-General’s report on Burundi noted that OHCHR continued to receive allegations of serious human rights violations and abuses, primarily by the State and affiliated actors, including killings, enforced disappearances, torture and ill-treatment, more than 1,000 arbitrary arrests and detentions and restrictions on the freedoms of association, expression and movement. Burundi’s vice president criticised the report, suggesting that the Secretary-General has been transformed into an opposition member. ISHR and other NGOs continues to remain highly concerned about the human rights situation in Burundi and its refusal to cooperate with the Council’s mechanisms, which both clearly warrant an invitation to the General Assembly to consider the suspension of Burundi as a member of the Council. [see also: https://humanrightsdefenders.blog/2016/02/08/what-is-burundi-doing-in-the-un-human-rights-council/] For more information on the situation of human rights defenders in Burundi, check ISHR Briefing Paper for the UPR here.

China. Since Xi Jinping’s assumption of power in 2013, the situation for human rights defenders in China has gone from bad to worse. Five current cases illustrate the sense of impunity with which Chinese authorities trample on the rights of civil society actors. ISHR has discussed many of them in detail, but in short they include:

  • the baseless house arrest since 2010 of Liu Xia, a poet and the widow of Nobel Peace Prize Laureate Liu Xiaobo;
  • the prolonged detention of rights lawyer Wang Quanzhang, who has been held incommunicado, and without charge or access to lawyers since July 9, 2015;
  • the seizure and disappearance in January 2018 of bookseller Gui Minhai, a Swedish citizen previously forcibly disappeared from Thailand in October 2015;
  • the detention and prosecution for inciting separatism of Tashi Wangchuk, a Tibetan cultural rights and education advocate; and
  • the punitive disbarment in January 2018 and, later that month, arbitrary detention of Yu Wensheng, a prominent human rights lawyer.

see also: https://humanrightsdefenders.blog/2018/01/10/more-on-residential-surveillance-in-a-designated-location-rsdl-in-china/

Other country situations:

The Council will hear reports on and is expected to consider resolutions addressing a range of country situations, in many instances involving the renewal of the relevant expert mandates and the situation of human rights defenders. They include:

  • The High Commissioner will present his reports on Guatemala, Honduras and Colombia, Afghanistan and give oral updates on the situation of human rights in Haiti, Yemen, Ukraine, Libya, Democratic Republic of Congoand Democratic People’s Republic of Korea.
  • OHCHR will present its report on Cyprus and an oral update on Eritrea.
  • The Council will consider the written update of OHCHR on promoting reconciliation, accountability and human rights in Sri Lanka.
  • The Council will consider the report of the Commission of Inquiry on Syria and renew its mandate.
  • The Council will consider the report of the Commission on Human Rights in South Sudan and the report of the Special Rapporteur on the Democratic People’s Republic of Korea.
  • The fact-finding mission on the situation of human rights in Myanmar will present an oral update to the Council and the Special Rapporteur on Myanmar will also present her report to the Council.
  • The Council will consider the interim report of the Secretary-General on the situation of human rights in Iran and Cambodia.
  • The Council will hold an interactive dialogue with the Independent Expert on the Central African Republic.
  • The Independent Expert on Mali will present his report to the Council, who will also hold an interactive dialogue on the human rights situation in Mali.
  • The Council was intending to consider the report of the Special Rapporteur on Iran, Asma Jahangir, however due to her death, it is currently unclear whether and how the report will be considered. {see also: https://humanrightsdefenders.blog/2018/02/11/asma-jahangir-one-of-the-worlds-most-outstanding-human-rights-defenders-dies-at-age-66/]

The High Commissioner will present his annual report in the last interactive dialogue of his term. Read here ISHR and other regional and international human rights organisations’ open letter to the Secretary General on the selection process of the next High Commissioner. [see also https://humanrightsdefenders.blog/2017/12/22/bound-to-happen-but-still-high-commissioner-zeid-announces-he-will-not-seek-second-term/]

Universal Periodic Review (UPR): States to be reviewed

During this session the Council will adopt the UPR reports which list the recommendations the State under review is expected to implement of the following 14 countries: Czechia, Argentina, Gabon, Ghana, Peru, Guatemala, Benin, the Republic of Korea, Switzerland, Pakistan, Zambia, Japan, Ukraine and Sri Lanka. ISHR submits briefing papers regarding the situation facing human rights defenders in some States under review and advocates for the UPR to be used as mechanism to support and protect human rights defenders on the ground.

Appointment of mandate holders

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

  • Special Rapporteur on the rights to freedom of peaceful assembly and of association
  • Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence
  • Independent Expert on the situation of human rights in Mali

 

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. Seven panel discussions are scheduled for this upcoming session, including:

  • The annual high-level panel discussion on human rights mainstreaming will take place on 26 February 2018 from 16:00 to 18:00. This panel will discuss the challenges and opportunities of the promotion and protection of human rights in the light of the UPR mechanism. The concept note of the panel is available here.
  • High-level panel discussion on the seventieth anniversary of the Universal Declaration of Human Rights and the twenty-fifth anniversary of the Vienna Declaration and Programme of Action will take place on 28 February 2018 at 16:00 to 18:00. The concept note of the panel is available here.
  • Annual full-day meeting on the rights of the child will take place on 5 March 2018 from 09:00 to 11:00 and from 16:00 to 18:00. This panel will discuss the protection of the rights of the child in humanitarian situations. The concept note of the panel is available here.
  • Debate on promoting tolerance, inclusion, unity and respect for diversity in the context of combating racial discrimination will take place on 16 March 2018 at 09:00 to 11:00. This panel will be held in commemoration of the International Day for the Elimination of Racial Discrimination. The concept note will soon be made available here.

Side events. States and NGOs are holding a series of events. You can download the list of State events here and NGO events here. I will post on some of these separately.

https://www.ishr.ch/news/hrc37-key-issues-agenda-march-2018-session

Mbonimpa wins also the 2017 Civil Courage Prize

October 17, 2017

On 18 October 2017, Burundi’s most prominent human rights defender, Pierre Claver Mbonimpa, will be awarded the Train Foundation’s 2017 Civil Courage Prize. The Civil Courage Prize recognizes individuals who demonstrate “steadfast resistance to evil at great personal risk.” Mbonimpa has won the prize for his work with the Association for the Protection of Human Rights and Detained Persons (APRODH), an organization that records the abuses committed by Burundi’s authoritarian regime, in its effort to crush dissent and advocates for justice for its victims. Mbonimpa, who currently lives in exile, has earned a reputation as the most vocal advocate pushing the regime to end its violent campaign against its political opponents. In August 2015, he survived an assassination attempt that left him severely wounded. During that same year, both his son and son-in-law were found dead shortly after being arrested during anti-government protests.

MEA Laureate Mbonimpa, Burundi

[see also: https://humanrightsdefenders.blog/2015/11/12/mea-laureate-mbonimpa-has-message-of-hope-at-his-sons-funeral/].

Mbonimpa won earlier the 2007  Martin Ennals Award for Human Rights Defenders, the 2015  African Human Rights Defenders Awards and in 2016 the Alison Des Forges Award for Extraordinary Activism (HRW). For more on all these the award see: http://www.trueheroesfilms.org/thedigest

 

Human Rights Defenders issues on the agenda of the next 35th Human Rights Council

June 1, 2017

The International Service for Human Rights (ISHR) in Geneva has published again its timely alert to the next Session of the UN Human Rights Council, from 6 to 23 June 2017. 

It is a rich document [https://www.ishr.ch/news/human-rights-council-key-issues-agenda-35th-session-june] and I list here only the items most directly related to Human Rights Defenders:

Thematic areas of interest:

Sexual orientation and gender identity

The first annual report of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity will be presented between 9:00 and 12:00am on Tuesday 6 June. Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico and Uruguay will organise an event on Advancing human rights protection and ending violence and discrimination based on sexual orientation and gender identity on 9 June from 11:30-13:00 in Room IX.

Reprisals

In a recent letter to the President of the Human Rights Council, ISHR called for urgent attention to be given to cases of reprisals which have not been followed up by the Human Rights Council. One of the most serious instances of reprisal is against Chinese human rights defender Cao Shunli, who died in detention on 14 March 2014 after being detained for her engagement in UN human rights mechanisms. Despite her case being communicated with the Bureau during the three years following her death, there has been no independent investigation or adequate response. ISHR looks forward to consolidating the advances made by the recent appointment of Assistant Secretary General Andrew Gilmour to receive, consider and respond to allegations of reprisals. Acts of intimidation and reprisal against human rights defenders seeking to cooperate with the UN constitute violations of international human rights law and undermine the human rights system. The Human Rights Council should respond with appropriate gravity to reprisals and follow-up past cases during its 35th session. [for my many posts on reprisals see: https://humanrightsdefenders.blog/tag/reprisals/]

Business and human rights

The mandate of the Working Group on human rights and transnational corporations and other business enterprises will be up for renewal during the session. The report of the Working Group will be considered by the Council, in addition to reports of country missions to Mexico and the Republic of Korea.

The Working Group will also present a study on best practices and how to improve the effectiveness of cross-border cooperation between States with respect to law enforcement on the issue of business and human rights, and a report on public procurement (not yet available at time of writing). Over the past three years, the Working Group has increasingly recognised the role of human rights defenders in ensuring business respect for human rights, and the specific challenges faced by defenders working on business and human rights issues, as exemplified by a dedicated workshop on this topic during its last session in May 2017. Since the last renewal of the mandate in 2014, the Working Group has also made increasing use of its ability to confront States and companies with allegations of human rights violations. From just 16 such communications in 2014 the Working Group has increased to 21 in 2015 and 42 in 2016. Both of these trends should be recognised and encouraged by the resolution renewing the mandate of the Working Group.

Women human rights defenders and women’s rights

The annual full day discussion on the human rights of women will take place on Tuesday 13 June from 9:00 to 12:00 and from 15:00 to 18:00. It will focus on engaging men and boys in responding to and preventing violence against women and girls. Engaging with men and boys to combat violence and discrimination against women and girls is essential to efforts to prevent and eliminate all forms of discrimination and violence against them. This should include challenging the harmful gender stereotypes and negative social norms, attitudes and behaviours that underlie and perpetuate such violence.  Equally, it is important that the Council’s discussions and resolutions in this area  recognise the critical role of women human rights defenders (WHRDs) and organisations led by women and girls as rights holders and agents of change. They should be involved and consulted in the planning, design, implementation and monitoring of legislation, policies and programmes, including programs aimed at engaging men and boys.

ISHR will support joint advocacy on the resolutions on violence against women and discrimination against women, and on the ‘protection of the family’. The latter resolution will focus on ‘the rights of older persons in the context of family.’ States must ensure that this resolution upholds universal principles of human rights based on equality and non-discrimination. Many household structures and family forms exist across the world, facing particular situations and challenges that require tailored policy responses…

Cooperation of States with Special Procedures

There remains a consistent lack of State cooperation with Special Procedures, as demonstrated by the number of communications sent by the experts that have not received a State response, recorded in the Joint Communications Report published at every session of the Human Rights Council. ISHR welcomes recent developments in making communications more accessible, including the searchable database of communications, but continues to express concern that access to information regarding specific cases and State replies is still hard to find for victims and authors. [see my post from many years ago: https://www.linkedin.com/pulse/20140603192912-22083774–crime-should-not-pay-in-the-area-of-international-human-rights]

Country specific developments

China: The Special Rapporteur on extreme poverty and human rights, Prof Philip Alston, will present the report from his country visit to China. Prof Alston was tailed by State security and was prevented from meeting with civil society during his visit. As a result, the country report stresses the necessity of civil society in holding the Chinese Government accountable to human rights standards. The country visit was further undermined by reprisals. Following a meeting with Prof Alston, disbarred human rights lawyer Jiang Tianyong disappeared. His family was informed of his detention nearly one month later. Despite UN experts calling for an investigation into his disappearance, Jiang remains in ‘residential surveillance in a designated location’. Prof Alston’s report will be a key opportunity to discuss the ongoing crackdown on human rights defenders and concerns the Office of the High Commissioner for Human Rights for civil society in China.  [see also: https://humanrightsdefenders.blog/tag/jiang-tianyong/]

Burundi The commission of inquiry on Burundi will present an oral update on 14 and 15 June. ISHR remains concerned by consistent and deliberate lack of cooperation with human rights mechanisms in Burundi. The country continues to refuse to cooperate with UN Human Rights Council’s Independent Experts and despite the international community’s efforts to mitigate a human rights crisis, the situation continues to deteriorate. ISHR calls on the Burundian authorities to cease attacks against journalists and defenders and to cooperate with the UN commission of inquiry and implement the recommendations from both UN and African Commission reports.  [see inter alia: https://humanrightsdefenders.blog/2016/02/08/what-is-burundi-doing-in-the-un-human-rights-council/]

Other country situations where human rights defenders will surely come up: 

  • The interactive dialogue on the Democratic Republic of Congo (DRC), from 12:00 to 15:00 on Tuesday 20 June.
  • The interactive dialogue with the Independent Expert on Côte d’Ivoire will take place from 9:00 to 12:00 on Tuesday 20 June.
  • ISHR has joined a coalition of civil society organisations in urging State delegations to the Human Rights Council to express concern about the ongoing human rights crisis in Ethiopia.

Council programme, appointments and resolutions

Organisational meeting. The President of the Human Rights Council once again urged States to combat reprisals during the session. ‘As part of a constructive working atmosphere, it is in our common interest to have a climate of trust and security, whereby States ensure the appropriate protection against any acts of intimidation or reprisals against individuals and groups that cooperate or have cooperated with the United Nations, their representative and human rights mechanisms,’ he stated.

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

  1. Independent Expert on human rights and international solidarity [HRC resolution 26/6]
  2. Special Rapporteur on minority issues [HRC resolutions 25/5 and 34/6]
  3. Special Rapporteur on the human rights of migrants [HRC resolution 26/19]
  4. Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism [HRC resolution 31/3]

Panel discussions

During each Council session, panel discussions are held to provide member States and NGOs opportunities to hear from subject-matter experts and raise questions. Among the 4 panel discussions scheduled for this session:

Resolutions to be presented to the Council’s 35th session

At the organisational meeting on 22 May 2017 the following resolutions were announced (States sponsoring the resolution in brackets):

  • Resolution for the extension of the mandate on the Working Group on business and human rights (Norway and core group of Russia, Argentina and Ghana)
  • Resolution on accelerating efforts to eliminate all forms of violence against women (Canada)
  • Resolution on discrimination against women (Colombia, Mexico)
  • Resolution on the protection of the human rights of migrants (Mexico)
  • Resolution on the protection of human rights and fundamental freedoms while countering terrorism (Mexico)
  • Resolution on the human rights situation in the Syrian Arab Republic (France, Germany, Italy, Jordan, Kuwait, Morocco, Qatar, Saudi Arabia, Turkey, UK and USA )
  • Resolution on the independence and impartiality of the judiciary, jurors and assessors, and the independence of lawyers (Australia, Botswana, the Maldives, Mexico, Thailand, Hungary)
  • Resolution for renewal of the mandate of the Special Rapporteur on Independence and impartiality of the judiciary, jurors and assessors, and the independence of lawyers (Hungary)
  • Resolution for the renewal of the mandate of the Special Rapporteur on extrajudicial, summary or arbitrary executions (Sweden)
  • Resolution for the renewal of the mandate of the Special Rapporteur on the human rights situation in Belarus(EU)
  • Resolution for the renewal of the mandate of the Special Rapporteur on extreme poverty and human rights (France, Albania, Chile, Morocco, Senegal, Romania, Philippines, Peru)

For the the guide to the 34th session see: https://humanrightsdefenders.blog/2017/02/24/34th-human-rights-council-ishr-guide-to-key-issues-for-human-rights-defenders/

 

34th Human Rights Council: ISHR guide to key issues for human rights defenders

February 24, 2017

A preview of what to look out for at the upcoming session of the UN Human Rights Council from 27 February – 24 March 2017. This selection of what is most relevant to human rights defenders is based on the excellent overview provided by the International Service for Human Rights (ISHR): Read the rest of this entry »

Enough is enough: NGOs call for Burundi suspension from UN Human Rights Council

October 26, 2016

In an open letter to the UN members states, dated 26 October 2016,  twelve NGOs, coming from all regions, call for the suspension of Burundi from the Human Rights Council given the combination of its flagrant refusal to coöperate with the Council and the gross and systematic violations of human rights occurring in the country. [see also: https://thoolen.wordpress.com/2016/02/08/what-is-burundi-doing-in-the-un-human-rights-council/]. Here the main points: Read the rest of this entry »

13 September starts the 33rd session of the Human Rights Council: reprisals high on the agenda

September 9, 2016

As usual, the Geneva-based International Service for Human Rights (ISHR) has published a preview of the main items coming up in the next (33rd) session of the Human Rights Council‘s starting on Tuesday 13 September 2016. It will finish on 30 September. For human rights defenders the focus on the question of reprisals is of great importance.ISHR-logo-colour-high

Other thematic issues are: enforced disappearances, arbitrary detention and National Human Rights Institutions.

Reprisals

A highlight this session will be the opportunity for States to respond to the Secretary-General’s latest report documenting serious cases of intimidation and reprisals against human rights defenders, and contribute to finding concrete solutions at panel discussion to be hosted by the core group of States on this topic (Hungary, Uruguay, Ghana, Ireland and Fiji). The Secretary General’s annual report on cooperation with the UN, its mechanisms and representatives in the field of human rights – more frequently referred to as the “reprisals report” – will be presented at this session of the Council. The report covers the period from 1 June 2015 onwards.

Particular attention during HRC33 will be paid to Bahrain. According to allegations of travel bans against human rights defenders  documented by the President of the Human Rights Council, and communicated via the minutes of a recent meeting of the HRC Bureau [LINK], in which the President expressed concern about “the lack of appropriate action or adequate explanatory information from the concerned State” to the allegations.

The Secretary-General’s report consists of a compilation of cases of intimidation and reprisals due to cooperation with the UN organisations and its specialised agencies in the field of human rights, including cases in relation to the Council, its UPR and Special Procedures; Human Rights Treaty Bodies; the OHCHR, its field presences and Human Rights Advisers; United Nations Country Teams; human rights components of peacekeeping missions and other parts of the Secretariat or specialized agencies working in the field of human rights.

The Secretary General’s last report documented a significant number of cases in which people have been threatened, stigmatised, censored, restricted from travelling, detained, beaten, held in solitary confinement, disappeared, and tortured for their work to expose and pursue accountability for human rights violations at the UN. In many of the cases the threats and attacks have not been properly investigated nor have perpetrators been held to account. However, the report did note a range of positive developments aimed at preventing and promoting accountability for reprisals highlighting that:

In line with previous recommendations of the Secretary-General, States are encouraged to use the General Debate under Item 5 to address the cases documented. This should include in particular the States concerned, i.e. those mentioned in the report, who are expected by civil society to respond to the allegations and set out the steps taken to investigate them, hold the perpetrators to account and provide remedies to the victims.

Many of my earlier posts relate to reprisals: https://thoolen.wordpress.com/tag/reprisals/, including: https://thoolen.wordpress.com/2014/03/13/zero-tolerance-for-states-that-take-reprisals-against-hrds-lets-up-the-ante/

Working Group on Enforced Disappearances

The Working Group on Enforced Disappearances will present its report, summarising its activities over the last year and previewing its thematic study on enforced disappearances in the context of migration. Included in this is a short discussion of ‘individuals [who] migrate due to the disappearances of their relatives or loved ones or to avoid reprisals due to their work in searching and pursuing justice… and human rights defenders who are forced to migrate due to their work fighting enforced disappearances.’ The Working Group’s report also expresses serious concern as to ‘a pattern of threats, intimidation and reprisals against victims of enforced disappearance, including family members, witnesses and human rights defenders working on such cases. It calls upon States to take specific measures to prevent such acts and re-iterates the call for the UN to appoint a high-level official to combat reprisals as a matter of urgency and priority.

Working Group on Arbitrary Detention

The mandate of the Working Group on Arbitrary Detention will be renewed at this session. Among the likely ‘asks’ of the resolution are more resources to support their ability to respond to victims of arbitrary detention, the ability to raise awareness through reporting to the UN General Assembly and the mandate from the Council to embark on a thematic study.

National human rights institutions

National human rights institutions have a vital role to play in contributing to the national implementation of international human rights obligations. The annual report of the Secretary-General and High Commissioner sets out a range of steps and measures that both States and NHRIs should take in this regard. For States, such steps should include ensuring that the NHRI is broadly mandated (including in respect of economic, social and cultural rights), that it is adequately resourced, authorised to inspect places of detention, and protected from interference, intimidation and reprisals. For NHRIs, the report emphasises the importance of engaging and consulting closely with civil society, contributing to the protection of human rights defenders, and enhancing cooperation with international human rights mechanisms as a means of bridging the ‘implementation gap’.

Of special relevance for human rights defenders are also the country situations on the agenda of the 33rd Session:

Following the special session of the Human Rights Council on Burundi in December 2015, an interactive dialogue on the situation in Burundi is scheduled to take place on 27 September. From 13 to 17 June three human rights experts of the United Nations Independent Investigation on Burundi conducted their second visit to Burundi to address the human rights concerns raised in the special session Human Rights Council resolution. The experts will present their final report to the Human Rights Council this session. The gravity of human rights violations and the level of State responsibility in Burundi is unacceptable. [https://thoolen.wordpress.com/2016/02/08/what-is-burundi-doing-in-the-un-human-rights-council/]

Given the deteriorating situation of human rights in Cambodia, and the impunity with which intimidation and violence against human rights defenders occur, a range of national and international organisations calls on the Council to adopt a resolution on the country. This step would acknowledge the backsliding over the last year; reiterate the Council’s expectations for meaningful cooperation, with the Special Rapporteur and the OHCHR; and lay out benchmarks for the coming year, in light of the 2017 elections and the anniversary of the Paris Peace agreement, that would indicate clear progress achieved through the technical assistance and capacity-building mandate The interactive dialogue with the Special Rapporteur on Cambodia, scheduled for 28 September, is a chance for the international community to hear from, and respond to, Special Rapporteur Rhona Smith following her visits to the country and the communications she and other UN experts sent related to harassment and detention of NGO workers and the killing of well-known public figure Kem Ley. [https://thoolen.wordpress.com/2016/05/04/civil-society-condemns-charges-human-rights-defenders-cambodia/]

Individual interactive dialogues with mandate holders will be held in relation to Sudan, Central African Republic and Somalia. Interactive dialogues on the High Commissioner’s reports and oral updates will be held on the Democratic Republic of the Congo, Libya, and Ukraine. The High Commissioner will present his reports on Cambodia and Yemen in a General Debate under Item 10. There will also be an interactive dialogue with the Commission of Inquiry on Syria.

The Council will adopt the UPR reports of 14 countries.

#HRC33 / Thematic areas of interest | ISHR

https://www.ishr.ch/news/hrc33-country-specific-developments

Burundian human rights defender Mbonimpa wins Alison des Forges Award 2016

September 3, 2016

Read the rest of this entry »

Burundi: reprisals, torture, incitement to hatred and continued refusal to admit monitoring

August 29, 2016

The situation in Burundi continues to be marred by instability and reports of serious human rights violations, including allegations of extra-judicial killings, disappearances, torture, and arbitrary detention of members of the opposition, civil society and those suspected of opposing the Government. Human rights defenders and journalists are among the hundreds of thousands of people who have fled the country since April 2015. I have written quite a bit about Burundi where all early warning signs of violence and ethnic cleansing are present [https://thoolen.wordpress.com/2015/11/10/burundi-what-more-early-warning-does-one-needhttps://thoolen.wordpress.com/2016/02/08/what-is-burundi-doing-in-the-un-human-rights-council/]. And the situation continues:

  • The UN Committee against Torture (CAT) issued a wake-up call to Burundi said Amnesty International on 12 August 2016 after the Committee flagged an increase in the use of torture and other ill-treatment since the beginning of the country’s current crisis in April 2015. In its concluding observations the Committee’s 10 independent international experts expressed deep concern over hundreds of cases of torture alleged to have taken place in recent months in both official and unofficial places of detention.
  • On 8 August 2016 the CAT had already issued a report that it was gravely concerned by reports that four Burundian lawyers who provided information to it are being subjected to reprisalsIn a press statement issued by the Office of the UN High Commissioner for Human Rights, the Committee said the four lawyers – Armel Niyongere, Lambert Nigarura, Dieudonné Bashirahishize and Vital Nshimirimana – had contributed to an alternative report by a coalition of Burundian non-governmental organizations for the its review, and three were present at the review in Geneva on 28 and 29 July. According to the Committee, on 29 July, a Burundian prosecutor asked the President of the Bujumbura Bar Council to strike the lawyers off the professional register, alleging that they had committed several offences, including involvement in an insurrectionist movement and an attempted coup. The Committee’s letter, signed by Chair Jens Modvig and Rapporteur on Reprisals Alessio Bruni, notes that the prosecutor requested sanctions against the lawyers, rather than an inquiry to establish the facts, “which raises concerns with respect to presumption of innocence.” It goes on to state that this concern “is all the stronger given that the (prosecutor’s) request came on the same day that the Burundian delegation, presided over by the Minister of Justice, indicated they would not be participating in the second session of dialogue with the Committee, citing the alternative report by Burundian civil society in particular as the reason.” [Mr. Modvig and Mr. Bruni also point out that the Committee raised the issue of reprisals after the last regular review of Burundi in 2014. They reminded the Burundian Government that reprisals contravene Article 13 of the Convention against Torture, to which the country has been a party since 1993. Article 13 states that complainants and witnesses should be protected against all ill-treatment or intimidation as a consequence of making a complaint or giving evidence.]
  • Finally on 16 August the United Nations Special Adviser on the Prevention of Genocide, Adama Dieng, expressed his concern at inflammatory statements by public officials that could constitute incitement to violence including, most recently, by a senior official of the ruling CNDD-FDD political party. In a statement on 16 August 2016 that was published on the CNDD-FDD website, Pascal Nyabenda, who was at the time President of the CNDD-FDD party and President of the National Assembly, suggested that the genocide in Rwanda was a fabrication of the international community, (“montages genocidaires contre le Gouvernement dit Hutu de Kigali”) that was used to remove the Hutu government that was in place at the time.   “This irresponsible statement could be interpreted as genocide denial”, Mr. Dieng said, “and has the potential to inflame ethnic tensions, both within Burundi and outside its borders”.  At the 20 August meeting of the party, a new head of the CNDD-FDD was appointed but Mr. Nyabenda continues in his role as President of the National Assembly. Special Adviser Dieng also raised concern that the youth wing of the CNDD-FDD party, known as the Imbonerakure, continues to be associated with human rights abuses and is reported to have threatened ethnic violence. He noted that the Minister of the Interior of Burundi had confirmed that the Imbonakure formed part of the national security strategy, as the CAT also pointed out in its concluding observations.
  • To make things even worse Burundi has rejected in early August the deployment of a United Nations police force saying the France-drafted resolution authorizing the security contingent was made without Bujumbura’s consent. “The government of Burundi rejects every aspect of this resolution linked to the deployment of any force on its territory,” spokesman Philippe Nzobonariba said in a statement released on Tuesday, adding that the resolution was “in violation of the fundamental principles required of the UN family and above all violating its sovereignty.” The response came after the UN Security Council authorized to dispatch of up to 228 officers to Bujumbura and elsewhere throughout the west African country for an initial period of one year, in an attempt to provide the council, according to French Ambassador Francois Delattre, with “eyes and ears” on the ground to provide early warning of possible mass atrocities. The planned deployment of the contingent has aroused fury from the country’s authorities, who initially agreed to accept no more than 50 officers The country’s authorities initially agreed to accept no more than 50 officers, but now infuriated by the UN planned deployment of 228-strong contingent, have rejected even the 50-strong security force.
  • An overview of FIDH actions concerning Burundi in 2015/16: https://www.fidh.org/en/region/Africa/burundi/burundi-one-year-of-bloody-crisis

http://allafrica.com/stories/201608270196.html

http://www.un.org/apps/news/story.asp?NewsID=54640#.V8Pm3IRptgc

https://www.amnesty.org/en/latest/news/2016/08/burundi-un-findings-must-be-a-wake-up-call-on-torture/

http://www.presstv.ir/Detail/2016/08/03/478262/Burundi-UNSC-UN-Nkurunziza-police-France