Posts Tagged ‘China’

Mark Malloch-Brown, President of the Open Society Foundations, publishes an important opinion

July 22, 2021

On July 21, 2021, Project Syndicate 2020 published his piece called” The Fight for Open Societies Begins Again”:

Democracy is back on policymakers’ minds. US President Joe Biden plans to host a summit on the theme, and invitations to a host of events on democracy and human rights fill my inbox.

This renewed focus is not good news. Rather, it reflects the erosion of both democracy and respect for human rights in recent years.

Freedom House reports that less than 20% of the world’s population now live in what it categorizes as fully free societies, the lowest share in more than a quarter-century. Many countries are drifting steadily toward authoritarianism.

Freedom is in trouble for well-known reasons. In many countries, increasing inequality and marginalization of different groups has fueled an embrace of right-wing (and in some cases left-wing) authoritarianism.

As the world grapples with rapid technological change and economic restructuring, many are far from convinced that democracies have the edge in terms of adaptation and forward-looking policymaking. The pandemic – which many democracies mishandled – deepened these doubts.

These are difficult times for those of us who profoundly believe that the absolute, non-negotiable basis of good government is a free, democratically empowered citizenry protected equally under law.

In 1980s Eastern Europe, the problem was sclerotic, aging communist governments that could no longer deliver for their people. Today’s situation is more complicated.

I am president of the largest private philanthropy in this domain. If we are honest with ourselves, we know that our traditional models of advancing democratic values and institutions are struggling.

The Open Society Foundations (OSF) was founded in the 1980s on the assumption that there was an urgent global public demand for freedom, and that a growing number of governments around the world were embracing its rules and norms.

That allowed us (in partnership with local activists) to use a mixture of shaming and encouragement to persuade governments to adopt and respect human-rights laws and democratic procedures.

Whether our work concerned the Roma in Central and Eastern Europe, LGBTQI communities in Africa, ethnic minorities in South and East Asia, women’s rights in Latin America, or worldwide migrant and refugee protection, it seemed that we were pursuing a historic mission. And one day, that pursuit might lead to all individuals enjoying full and equal rights and opportunities.

Today, however, a rising human-rights tide is not lifting all boats; on the contrary, it seems that all are at risk of sinking. This recent sharp reversal of 20 years of human-rights gains is forcing us to think again.

As a foundation chaired to this day by its founder, George Soros – a survivor of Nazism and a refugee from communism in his native Hungary – we will not move on to less challenging issues.

After all, Soros started the foundation when prospects for human-rights advances looked as difficult as they do today.

Presidents stole additional terms, official corruption surged, and agreements between states brushed aside people’s rights. Nowadays, human-rights defenders and those who support them are not welcome in much of the world.

So, the mission is non-negotiable. But we must revisit our approach. We must ask how to recover public support for democratic and human-rights norms, while also identifying more clearly the enemies of open societies and what will lead them, even grudgingly, to respect their obligations again.

In 1980s Eastern Europe, the problem was sclerotic, aging communist governments that could no longer deliver for their people. Today’s situation is more complicated.

True, a bipolar world again threatens freedom. Biden’s forthcoming Summit for Democracy is in part an effort to rally like-minded governments but also the wider world against Chinese President Xi Jinping’s authoritarianism. That may mean democracies have some uncomfortable bedfellows as pragmatism risks trumping values.

A dense web of trade, investment, education, and technology links mean China is tied to the West, and vice versa, in ways that the Soviet Union never was.

A relationship that is more economic than military gives democracies an array of options – from governmental and consumer boycotts to a more coherent international containment and engagement strategy – for pressing Xi’s regime to accept norms of good behavior at home and abroad.

Leaders on both sides will frame this contest primarily in terms of economics, but human rights can also be a big winner – or a big loser.

Soros has always called OSF’s work “political philanthropy.” What he means is that we need to engage with the wider dynamics of change and find entry points to champion our issues.

Whereas strong states were the sole or leading human-rights violators during the Cold War, today’s world is one of multidimensional human-rights menaces. Inequalities exacerbated by unregulated transnational financial and corporate power, together with dramatic shifts in individual states’ fortunes, are creating an ever more challenging landscape. The world is becoming more unequal – and angrier.

Many view the renewed attention to deep-seated institutional racism in the United States and around the world – and the recognition that marginalization based on race, gender, religion, and class is often mutually reinforcing – as exposing the limits of a human-rights agenda.

That anger is amplified (and fueled) by social-media platforms where polarization, abuse, and lies undermine trust in institutions. A technology that many saw just a few years ago as an enabler of citizens’ rights has become in many cases a tool for manipulating minds and closing societies.

The insidious copycat behavior that Donald Trump’s four-year presidency allowed and encouraged in regimes around the world accelerated a crisis of respect for the rule of law and human rights.

Presidents stole additional terms, official corruption surged, and agreements between states brushed aside people’s rights. Nowadays, human-rights defenders and those who support them are not welcome in much of the world.

Yet malign governments and globalization, with its unintended financial and corporate consequences, are only half the problem.

Many view the renewed attention to deep-seated institutional racism in the United States and around the world – and the recognition that marginalization based on race, gender, religion, and class is often mutually reinforcing – as exposing the limits of a human-rights agenda. Human-rights remedies, victims argue, have scratched the surface, not reached the roots.

Human-rights work needs to become more political: tougher and smarter in its attacks on oppressors, and clearer about being on the side of the oppressed.

We need to address the challenges people actually face, looking beyond narrow political rights to address the deeper causes of economic and social exclusion.

China in the 47th session of the UN Human Rights Council: Uyghurs and jailed human rights defenders

July 6, 2021

In a statement 22 June 2021, the ISHR on behalf of over 20 civil society organisations called for unequivocal action by the High Commissioner to monitor and report on the human rights situation in China. The violations targeting Uyghurs and other Turkic Muslims, the groups underlined, have been determined by Amnesty International and Human Rights Watch to constitute crimes against humanity.

‘The Special Procedures and treaty bodies have repeatedly, for the last five years, raised serious concerns about the human rights situation in China,’ said Sarah M Brooks, ISHR programme director. ‘But despite these efforts, little has changed. More is needed.’

The gravity of the situation was underlined also by a joint statement delivered by Canada, on behalf of more than 40 states, earlier today. Listing a range of concerns about treatment of Uyghurs, those governments pressed China to allow ‘immediate, meaningful and unfettered’ access to the region for the High Commissioner.

The weight of evidence and the gravity of allegations of crimes against humanity against Uyghurs demands that the High Commissioner commence remote monitoring and public reporting immediately. The full statement can be accessed here

Anadolu on 29 June 2021 reported that Mary Lawlor, the UN special rapporteur on human rights defenders, says she has countless reports about mistreatment of activists in China.

The UN’s independent expert on human rights defenders said that she feared activists in China were arbitrarily sentenced to long prison terms, house arrest and tortured and also denied access to medical treatment, their lawyers and families.

Condemning human rights defenders…to long terms in prison for their peaceful human rights work, abusing them in custody and failing to provide them with adequate medical care…cannot continue,” Mary Lawlor, the UN special rapporteur on human rights defenders, said in a statement.

She said she had “countless reports” pointing to the mistreatment of human rights defenders in Chinese custody, which is “endemic.”

Geneva’s Chinese mission spokesman Liu Yuyin later refuted Lawlor’s criticism, accusing the UN expert of having “deliberately smeared China, spread disinformation and interfered in China’s judicial sovereignty under the pretext of human rights.”

“The individuals that Ms. Lawlor and other special procedure mandate holders mentioned have committed a series of crimes such as inciting subversion of state power and splitting the state. The facts are clear and the evidence is solid,” he added.

Lawlor said the treatment meted out to those jailed may amount to torture and other cruel and inhuman treatment, despite a plethora of recommendations from the UN mechanisms over the years, including from the Committee Against Torture.

Some defenders, such as Gao Zhisheng, have been “forcibly disappeared,” while others such as Guo Hongwei have died in prison, she said. Lawlor said she knew of at least 13 human rights defenders sentenced on “spurious charges” such as “picking quarrels” or “provoking trouble” to 10 years or more in prison for peacefully defending the rights of others. Among them is Qin Yongmin, sentenced to 35 years in prison for work that included promoting engagement with the UN, and Ilham Tohti, a “moderate scholar” serving a life sentence.

“Tohti was arbitrarily arrested, allegedly tortured and sentenced to life after a closed-door trial. He was not allowed any family visits and no information has been provided by Chinese authorities since,” said Lawlor. He is a much-recognised defender: https://www.trueheroesfilms.org/thedigest/laureates/37AE7DC4-16DB-51E9-4CF8-AB0828AEF491

Human rights defender Chen Xi, serving 10 years in prison, has chronic enteritis, which causes dehydration and fever. In winter, he contracts severe frostbite on his hands, ears and abdomen, and in his lifetime, he has been sentenced to 23 years in prison, said the expert.

https://www.ishr.ch/news/hrc47-governments-ngos-call-high-commissioner-step-work-protect-uyghurs

https://www.globalvillagespace.com/un-expert-raises-concern-on-jailed-activist-in-china/

Key issues affecting HRDs in 47th session of UN Human Rights Council (June 2021)

June 22, 2021

The 47th session of the UN Human Rights Council will take place from 21 June to 15 July 2021. The ISHR has again issued its very helpful overview of key issues and below is an extract of those affecting human rights defenders most directly. For a wrap-up of the previous session, see: https://humanrightsdefenders.blog/2021/03/29/wrap-up-46th-session-of-un-human-rights-council-with-key-resolutions-on-belarus-and-myanmar-and-more/

Modalities of participation in HRC47

According to the Bureau minutes of 2 and 4 June 2021, the extraordinary modalities for the 47th session should be similar to the modalities applied during the 46th session.

Thematic areas of interest:

Sexual orientation and gender identity

The Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity will present his report, followed by an interactive dialogue on 24 June. The report seeks to document how particular narratives on gender are being used to fuel violence and discrimination based on sexual orientation and gender identity. In the report, the Expert examines how the incorporation of comprehensive gender theory enables more accurate and appropriate consideration of dynamics of negation and stigma, and the key role of law, public policy and access to justice in promoting either continuity of injustice or social change.

The report highlights the mandate’s position in relation to current narratives and constructions through which the application of gender frameworks, especially its promise for gender equality across diverse persons, is challenged; and build on gender concepts and feminist analysis to further substantiate the mandate’s understanding of root causes and dynamics of violence and discrimination based on sexual orientation and gender identity.

This report will be presented in the context of high levels of violence against trans and gender nonconforming people and those defending their rights. Beyond this, the COVID-19 pandemic has disproportionately impacted trans and gender nonconforming people and those defending their rights worldwide, especially those most marginalised.

Systemic racism, police brutality and violence against peaceful protests in the United States and globally

The High Commissioner will present the comprehensive report of Resolution 43/1 to the Council on 12 July followed by an interactive dialogue. ISHR previously joined 171 families of victims of police violence in the United States and over 270 civil society organisations from more than 40 countries in calling on the Council to establish an independent commission of inquiry into police killings of Black men and women, as well as violent law enforcement responses to protests in the United States….

The Council should ensure the establishment of robust international accountability mechanisms which would further support and complement, not undermine, efforts to dismantle systemic racism in the United States and globally, especially in the context of police violence against Black people.

Business and human rights

June 2021 marks the tenth anniversary of the unanimous endorsement by the Council of the United Nations Guiding Principles on Business and Human Rights (UNGPs). The Guiding Principles have become one of the key frameworks for private business to carry out their responsibility to respect human rights, for States to discharge their obligations under international law in relation to business activities, and for civil society and human rights defenders to utilise the UNGPs to demand structural changes in the way companies operate internationally. Human rights need to be an essential element of how businesses design their operations. After 10 years, we have the chance to look back and into the future with a critical eye. In that regard, a ‘Roadmap for the Next Decade’ will be presented by the UN Working Group on Business and Human Rights this month. ISHR continues to work with the UN, civil society and progressive companies to protect and promote the work of human rights defenders.

In tandem with its annual report, the UN Working Group will also present in June a long-awaited guidance document on business and human rights defenders based on the UNGPs. The ‘United Nations Guidance on the role of the Guiding Principles for engaging with, safeguarding and ensuring respect for the rights of human rights defenders’ was supported and informed by ISHR and partners, and builds on the experiences gathered through the Business Network on Civic Freedoms and Human Rights Defenders, an initiative ISHR co-founded with the Business and Human Rights Resource Centre. This document will become a key instrument for civil society, businesses and States in ensuring that human rights defenders are protected and recognised as essential actors in maintaining rule of law and a functioning shared civic space. 

The Working Group on the issue of human rights and transnational corporations and other business enterprises will present its reports, followed by an interactive dialogue, on 29 June. [see also: https://humanrightsdefenders.blog/2020/09/30/business-and-human-rights-updated-list-of-companies-supporting-hrds/]

Reprisals

On this topic see also: https://humanrightsdefenders.blog/2021/05/06/un-action-on-reprisals-towards-greater-impact/

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.

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 7 June, 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.

ISHR recently launched a study analysing 709 reprisals cases and situations documented by the UN Secretary-General between 2010 and 2020 and looked at trends and patterns in the kinds of cases documented by the UNSG, how these cases have been followed up on over time, and whether reprisal victims consider the UN’s response effective. Among other things, the study found that nearly half the countries serving on the Council have been cited for perpetrating reprisals. The study also found that the HRC Presidency appears to have been conspicuously inactive on intimidation and reprisals, despite the overall growing numbers of cases that are reported by the UNSG – including on individuals’ or groups’ engagement with the HRC – and despite the Presidency’s legal obligation to address such violations. The study found that the HRC Presidency took publicly reported action in only 6 percent of cases or situations where individuals or organisations had engaged with the HRC. Not only is this a particularly poor record in its own right, it also compares badly with other UN actors.

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, and insisting 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 47th session, the Council will have dedicated debates with the mandate holders and the High Commissioner, including interactive dialogues with:

  • The High Commissioner on State response to pandemics 
  • The Special Rapporteur on the right to housing
  • The Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health 
  • The Independent Expert on human rights and international solidarity
  • The Special Rapporteur on the right to education 
  • The Special Rapporteur on extreme poverty and human rights 
  • The Special Rapporteur on extrajudicial, summary or arbitrary executions 
  • The Special Rapporteur on the rights to freedom of peaceful assembly and of association 
  • The Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression 
  • The Working Group on arbitrary detention on its study on drug policies
  • The Special Rapporteur on the right to privacy 

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

  • The Special Rapporteur on the human rights of migrants 
  • The Special Rapporteur on the human rights of internally displaced persons 
  • The Special Adviser on Prevention of Genocide 
  • The Working Group on discrimination against women and girls 
  • The Special Rapporteur on violence against women, its causes and consequences 
  • The Special Rapporteur on trafficking in persons, especially women and children
  • The Special Rapporteur on the independence of judges and lawyers 
  • The Special Rapporetur on the elimination of discrimination against persons affected by leprosy and their family members 

Country-specific developments

China 

One year after the UN Special Procedures issued a sweeping statement  calling for the international community to take ‘decisive action’ on the human rights situation in China, much more remains to be done. Calls are growing for more clear and timely reporting from the UN, including the High Commissioner for Human Rights and her Office, on the repressive policies and practices targeting Uyghurs and other Turkic Muslims. At the same time, worrying news continues about violations of cultural rights of Tibetans, while Hong Kong’s democratic institutions – and its people – have suffered a series of blows from legislative, policy and legal decision targeting pro-democracy leaders. For the first time since 1989, peaceful public demonstrations to commemorate the massacre on Tiananmen Square were prohibited. 

Against this context, ISHR urges States to speak out firmly against the lack of accountability for the Chinese government in light of substantial evidence of violations, including crimes against humanity. In so doing, it is essential to recognise the systemic and structural nature of these violations: to highlight the dire situation for Uyghurs, Tibetans and other minority groups; pro-democracy civil society leaders, lawyers and legislators in Hong Kong; and human rights defenders like lawyer and Martin Ennals Award winner Yu Wensheng [see: https://www.trueheroesfilms.org/thedigest/laureates/69fc7057-b583-40c3-b6fa-b8603531248e] and anti-discrimination activists like the Changsha 3. No matter its position or influence, China must be held to the same high standards as any other Council member. See also; https://humanrightsdefenders.blog/2020/12/18/chinas-continuing-crackdown-on-human-rights-lawyers-shocking-say-un-experts/

Egypt

At the 46th session of the Council, over 30 States led by Finland urged Egypt to end its repression of human rights defenders, LGBTI persons, journalists, politicians and lawyers under the guise of countering-terrorism. The joint State statement ended years of a lack of collective action at the Council on Egypt, despite the sharply deteriorating human rights situation in the country. Egypt must answers these calls, starting by releasing the thousands arbitrarily detained, protecting those in custody from torture and other ill-treatment, and ending the crackdown on peaceful activists. The UN Working Group on Arbitrary Detention has previously concluded that arbitrary detention is a systematic problem in Egypt and the Committee against Torture has concluded that torture is a systematic practice in Egypt. To date, Egypt has failed to address all the concerns expressed by States, the High Commissioner and Special Procedures, despite repeated calls on the government, including most recently by over 60 NGOs. ISHR joined over 100 NGOs from across the world in urging the Council to establish a monitoring and reporting mechanism on Egypt and will continue to do so until there is meaningful and sustained improvement in the country’s human rights situation.

Saudi Arabia

This session will mark two years since the Special Rapporteur on extrajudicial, summary or arbitrary executions presented to the Council the investigation into the unlawful death of Saudi journalist Jamal Khashoggi, and yet no meaningful steps towards accountability have been taken by the Saudi authorities. The Special Rapporteur called on Saudi Arabia to “demonstrate non-repetition by: releasing all individuals imprisoned for the peaceful expression of their opinion and belief; independently investigating all allegations of torture and lethal use of force in formal and informal places of detention; and independently investigating all allegations of enforced disappearances and making public the whereabouts of individuals disappeared”. To date, Saudi Arabia has refused to address these key concerns, which were also raised by over 40 States at the Council in March 2019, September 2019 and September 2020, further demonstrating its lack of political will to genuinely improve the human rights situation and to engage constructively with the Council. The sentencing and subsequent release of several women’s rights activists highlights the importance of the Council’s scrutiny which must be sustained in order to secure meaningful, concrete, and systematic gains. We recall that the Special Rapporteur also called on Member States to support resolutions that seek to ensure or strengthen accountability for the execution of Khashoggi. ISHR reiterates its call on the Council to establish a monitoring and reporting mechanism on the human rights situation in Saudi Arabia.

Colombia  

After more than a month of strikes and street protests in Colombia, which have seen protestors killed at the hands of law enforcement officers and civilians, and human rights defenders covering the events threatened and attacked, the Council session provides States with the opportunity to take action. States must call on Colombia to respect the human rights of its people – including the right to freedom of peaceful assembly – and address the underlying causes of the protests, including violations of economic, social and cultural rights, inequality and racial discrimination. This situation of violence and non-compliance with all standards of the use of force has had a particular impact on the Afro-descendant population. Specific calls from Colombian civil society include for OHCHR to investigate and report on the protests in the country including gather statistical data on the facts that threaten the human rights of Afro-Colombian people; for the High Commissioner to visit Colombia when possible; and for Colombia to open its doors to a range of Special Rapporteurs to allow for ongoing monitoring and reporting. The High Commissioner, who has made a statement on the situation in the country, will present her annual report at the start of the session and it is hoped and expected that Colombia will feature as a country of concern. [see also: https://humanrightsdefenders.blog/2020/01/20/colombia-21-january-2020-civil-society-begins-a-much-needed-patriotic-march/]

Nicaragua 

Last March, the Council renewed its resolution on the human rights situation in Nicaragua, which strengthened the High Commissioner’s office monitoring and reporting mandate, by including an interim oral update with recommendations in the context of upcoming national elections. Despite the resolution’s clear calls on the Government to repeal recently adopted laws that harshly restrict civic space, stop targeting human rights defenders and journalists, and urgently implement reforms to ensure free and credible elections, the Nicaraguan authorities have acted in the opposite direction. While UN experts ‘deplore spate of attacks and arrests of human rights defenders’, the OHCHR publicly expressed their deep concern that ‘Nicaragua’s chances of holding free and genuine elections on 7 November are diminishing as a result of measures taken by authorities against political parties, candidates and independent journalists, which further restrict the civic and democratic space’. As the High Commissioner will present her oral update on Nicaragua on 22 June, States should call on Nicaragua to urgently reverse course and implement the recommendations from resolution 46/2, in particular to guarantee the enjoyment of the rights to freedom of information, expression, association and assembly, and the right to take part in the conduct of public affairs; and to swiftly put an end to the harassment (including the judicial harassment) and detention of journalists and ex-members of the Violeta Chamorro Foundation and Confidencial media outlet. 

Venezuela

Venezuela will be back on the Council’s agenda with OHCHR providing an update on the situation of human rights in the country, including in regard to UN recommendations (5 July).  Recent positive developments in the country, including the nomination to the National Electoral Council of individuals supported by a broad swathe of civil society, are offset by continuing human rights and humanitarian crises. The UN’s recommendations to Venezuela are numerous, wide-ranging and largely ignored. States must use opportunities at the Council to press home the importance of those recommendations being heeded. ISHR looks forward to making a statement during the dialogue, focusing in on levels of implementation of recommendations. Given that reprisals against Venezuelan defenders have been common over recent years – with cases cited in eight of the Secretary General’s reports on cooperation with the UN since 2010 – it is essential that States speak out in support of civil society engagement and that the UN define a preventative strategy to ensure defenders’ protection. 

Burundi

On 30 June 2020, the Supreme Court of Burundi set aside the ruling by the Appeals Court to uphold the 32-year sentence in Rukuki’s case and ordered a second appeal hearing, citing violations to his right to a fair trial. This second appeal hearing took place 8 months later on 24 March 2021 in Ngozi prison, where he is currently detained. According to the Burundian Code of Criminal Procedure, following the hearing the Court has 30 days to return a verdict on the case, but this verdict is still pending nearly 60 days later. This delay clearly demonstrates a lack of due process in the case of the internationally recognised human rights defender and political prisoner. In an open letter, a group of civil society organisations denounced the dysfunctioning of judicial proceedings in the country. After confirming the 32 years sentence of defender Germain Rukuki, Burundi continues its crackdown against civil society. Germain Rukuki has now spent nearly 4 years in prison. He has already waited an additional 30 days for this final verdict to be announced without any legal reason; he should not have to wait any longer. In addition to ensuring the continued work of the Commission of Inquiry on Burundi, members of the Council need to call on Burundi to demonstrate their commitment to respect the independence of the judiciary and comply fully with the fair trial obligations of Burundi under international law and announce the verdict in this case without any further delay.  [see also: https://humanrightsdefenders.blog/2019/03/29/ngo-statement-condemns-new-irregularities-in-the-case-of-germain-rukuki-burundi/]

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

  • Interactive Dialogue with the SR on the situation of human rights in Eritrea
  • Oral update by the High Commissioner on the situation of human rights in Nicaragua
  • Interactive Dialogue with the SR on the situation of human rights in Belarus 
  • Interactive Dialogue with the Commission of Inquiry on the Syrian Arab Republic 
  • Interactive Dialogue with the High Commissioner on the human rights situation of Rohingya Muslims and other minorities in Myanmar and Interactive Dialogue with the SR on the situation of human rights in Myanmar 
  • Interactive Dialogue with the SR on the situation of human rights in the Palestinian Territories occupied since 1967 
  • Interactive Dialogue with the High Commissioner on Ukraine  and interim report of the Secretary-General on human rights in Crimea 
  • Interactive Dialogue with the Independent Expert on the situation of human rights in the Central African Republic

Council programme, appointments and resolutions

During the organisational meeting for the 47th session held on 7 June the President of the Human Rights Council presented the programme of work. It includes seven panel discussions. States also announced at least 22 proposed resolutions. Read here the reports presented this session. 

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

  1. The Independent Expert on the enjoyment of human rights by persons with albinism; 
  2. The Special Rapporteur on the right to privacy;
  3. The Special Rapporteur on violence against women, its causes and consequences; 
  4. Two members of the Working Group of Experts on People of African Descent (one from Asia-Pacific States and one from Eastern European States); 
  5. A member of the Working Group on Enforced or Involuntary Disappearances, from Western European and other States; 
  6. The Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights 

As of 8 June, however, the recommended candidates list was only available for four of the above positions, due to challenges among the Consultative Group, the five individuals appointed from each UN region to interview and shortlist candidates. It is critical that the process overcome such delays, so as to avoid any protection gaps arising from a failure to appoint a new mandate holder.

Resolutions to be presented to the Council’s 47th session

The following resolutions were announced (States leading the resolution in brackets):

  1. Menstrual hygiene, human rights and gender equality (Africa Group)
  2. Elimination of harmful practices (Africa Group)
  3. Cooperation with and assistance to Ukraine in the field of human rights (Ukraine) 
  4. Situation of human rights of Rohingya Muslims and other minorities in Myanmar (OIC) 
  5. The protection of human rights in the context of human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS) (Brazil, Colombia, Mozambique, Portugal, Thailand)
  6. The human rights situation in the Syrian Arab Republic, on missing persons and enforced disappearances (France, Germany, Italy, Jordan, Kuwait, Netherlands, Qatar, Turkey, United Kingdom of Great Britain and Northern Ireland, United States of America)
  7. The human rights situation in Belarus, mandate renewal (EU)
  8. The human rights situation in Eritrea, mandate renewal (EU) 
  9. Negative impact of corruption on the enjoyment of human rights ( Austria, Argentina, Brazil, Ethiopia, Indonesia, Morocco, Poland, United Kingdom of Great Britain and Northern Ireland)
  10. Enhancement of international cooperation in the field of human rights (Azerbaijan on behalf of NAM)
  11. New and emerging digital technologies and human rights (Austria, Brazil, Denmark, Morocco, Republic of Korea, Singapore)
  12. Human rights of migrants (Mexico)
  13. Impact of arms transfers on human rights (Ecuador, Peru)
  14. Civil society space (Chile, Ireland, Japan, Sierra Leone, Tunisia)
  15. Realizing the equal enjoyment of the right to education by every girl (UAE, UK)
  16. Preventable maternal mortality and morbidity (Colombia, New Zealand, Estonia) 
  17. The promotion, protection and enjoyment of human rights on the Internet (Brazil, Nigeria, Sweden, Tunisia, United States of America)
  18. Accelerating efforts to eliminate all forms of violence against women (Canada)
  19. Right to education (Portugal)

Adoption of Universal Periodic Review (UPR) reports

During this session, the Council will adopt the UPR working group reports on Federated States of Micronesia, Lebanon, Mauritania, Saint Kitts and Nevis, Australia, Saint Lucia, Nepal, Oman, Austria, Myanmar, Rwanda, Georgia, Sao Tome and Principe and Nauru.

ISHR supports human rights defenders in their interaction with the UPR. We publish and submit briefing papers regarding the situation facing human rights defenders in some States under review and advocate for the UPR to be used as a mechanism to support and protect human rights defenders on the ground. 

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. Seven panel discussions are scheduled for this upcoming session:

  1. High-level panel discussion on the multisectoral prevention of and response to female genital mutilation
  2. Panel discussion on the tenth anniversary of the Guiding Principles on Business and Human Rights
  3. Panel discussion on the human rights of older persons in the context of climate change [accessible panel]
  4. Annual full-day discussion on the human rights of women, one on violence against women and girls with disabilities, and another on gender-equal socioeconomic recovery from the COVID-19 pandemic
  5. Quadrennial panel discussion on promoting human rights through sport and the Olympic ideal [accessible panel]. Theme: The potential of leveraging sport and the Olympic ideal for promoting human rights for young people
  6. ​Annual thematic panel discussion on technical cooperation and capacity-building. Theme: Technical cooperation to advance the right to education and ensure inclusive and equitable quality education and lifelong learning for all

Read here the three year programme of work of the Council with supplementary information.

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

Stay up-to-date: Follow @ISHRglobal and #HRC47 on Twitter, and look out for the Human Rights Council Monitor.

During the session, follow the live-updated programme of work on Sched

https://www.ishr.ch/news/hrc47-key-issues-agenda-june-2021-session

https://genevasolutions.news/peace-humanitarian/myanmar-debate-dominates-human-rights-council-opening-session

https://observatoryihr.org/news/47th-session-of-the-human-rights-council-opens-on-the-longest-day/

Coming up: Voices of Uyghur camp survivors – a conversation with Gulbahar Jalilova

May 24, 2021

The Voices of Uyghur camp survivors : a conversation with Gulbahar Jalilova, is organised by the International Service for Human Rights and the World Uygur Congress. This event will be held in English, with Uyghur and French interpretation. Time 25 May 2021 11:00 AM in Zurich

Description Over a million Uyghurs and Turkic Muslims people are held in internment camps in the Uyghur region, exposed to harsh detention conditions, sexual violence, and the suppression of culture and
religious practice.

Gülbahar Jalilova was arbitrarily detained for sixteen months: now in exile, she’s decided to speak out on what she’s been through as a woman detainee despite the very high risks she faces.

Last February, ten UN independent experts wrote to the Chinese government about her case, raising grave concern about violations of international human rights and requesting explanations. What is the impact of this letter? What can the United Nations do to push for greater documentation, accountability, and justice for victims?

An event with Gülbahar Jalilova, Elizabeth Broderick (Chair of the UN Working Group on discrimination against women and girls), and Zumretay Arkin (Program and Advocacy Manager, World Uyghur Congress). Moderation by Raphael Viana David (ISHR).

https://us02web.zoom.us/webinar/register/WN_aTNzmcMfTVqxuhkLNoqTsw

5th China Human Rights Lawyers Day on 9 July 2021

May 24, 2021


The fifth China Human Rights Lawyers Day will be held virtually on July 9, 2021. [see also: https://humanrightsdefenders.blog/2020/07/12/china-five-years-after-major-crackdown-international-community-must-support-to-human-rights-lawyers/]

The China Human Rights Lawyers Day was created on July 9, 2017 in acknowledgement of the tireless efforts of Chinese human rights lawyers in their struggle for justice and the rule of law. It commemorates the mass arrest of lawyers that occured on July 9, 2015, and celebrates the ideals, courage, and tenacity of human rights lawyers in China. [see: https://humanrightsdefenders.blog/2020/12/18/chinas-continuing-crackdown-on-human-rights-lawyers-shocking-say-un-experts/]

Most human rights lawyers are not famous, nor are they wealthy, but they have irrefutably stood out in the Chinese legal community, elevating the profession to a worthier height. Over the past two decades, they have represented clients in all aspects of human rights and public interest, including but not limited to freedom of speech, freedom of belief, political dissent, property rights, women’s rights, labor rights, minority rights, anti-discrimination, food safety, and redress of wrongful convictions and other grievances. Their clients are from all walks of Chinese society, including political dissidents, religious believers, human rights defenders, civil society activists, farmers who lost land to illegal appropriation, factory workers, NGO practitioners, private entrepreneurs, writers, journalists, ordinary netizens, street vendors, victims of miscarriage of justice, and even Chinese Communist Party officials who have become prisoners in the so-called anti-corruption campaign. Their clients are often either opponents of the authoritarian regime or those whose rights and dignity are trampled.

Human rights lawyers have performed their duties in the process of defending their clients under the law, but precisely because they take both the law and their duties seriously, they have been subject to increasingly strong hostility from the authorities. Since the emergence of the legal rights defense movement in the early 2000s, these lawyers have only faced worse repercussions for their work; many have been arrested and tortured, suspended and disbarred. But the mass arrests on July 9, 2015, marked the beginning of a broader persecution of human rights lawyers by the Chinese authorities. Dozens of human rights lawyers and their assistants were suddenly arrested and hundreds of lawyers were threatened across the country. The jailed lawyers were subjected to harrowing physical and mental abuse. They were deprived of legal representation, forcibly injected with unknown drugs, forced to make confessions. Over the past two decades, more than 70 human rights lawyers have been disbarred, and about 40 of them have had their licenses revoked or cancelled in the past five years. At least 50 human rights lawyers have been illegally barred from leaving the country.

Even though most of the 709 detainees have been released, imprisonment of human rights lawyers has not ceased. Today, 13 human rights lawyers remain in prison in China, and one has been missing for more than three years.

Although human rights lawyers are a small group among China’s half-million lawyers, they are among those holding a torch lighting the road to rule of law and freedom for the Chinese people. They emerged during the most dynamic period of China’s reform and opening up, and now face hardship and great danger. In a totalitarian state in possession of an overwhelming state apparatus, they have opted for a challenge that few of their peers would be willing to take, but they have no regrets and hold their heads high in their vocation. They and their families have endured sufferings and setbacks, but have remained resilient and steadfast. They have been writing history and they are paving the road to the future. More than 15 human rights lawyers figure in the Digest of Human Rights laureates: see https://www.trueheroesfilms.org/thedigest.

For this special day, we call upon members of the public, whoever and wherever you are, to send a message of appreciation and encouragement to human rights lawyers in China by:

·  Printing or handwriting your message on a sheet of paper (or displaying it on your laptop screen);

·  Taking a photo of yourself with your message (group photo is welcome); and

·  Sending it to humanrights.lawyers.day@gmail.com with your name, profession, and location. Your email address will be carefully guarded and not shared or used for any other purposes. Deadline: June 10, 2021

We will play your message in a video collage called “Messages to Human Rights Lawyers in China.” 

Organizers:

Humanitarian China (U.S.), ChinaAid (U.S.), China Change (U.S.), Judicial Reform Foundation (Taiwan), New School for Democracy (Taiwan), Taiwan Support China Human Rights Lawyers Network

https://chinachange.org/2021/05/22/announcing-the-5th-china-human-rights-lawyers-day-calling-for-one-person-one-photo-messages/

China – EU investment deal off the rail

May 21, 2021
Chinese foreign ministry spokesman Zhao Lijian said Beijing's sanctions were a 'necessary and justified response'
Chinese foreign ministry spokesman Zhao Lijian said Beijing’s sanctions were a ‘necessary and justified response’ GREG BAKER AFP

As earlier reported human rights defenders objected to the proposed EU-China investment deal {https://humanrightsdefenders.blog/2021/01/06/china-eu-deal-what-about-human-rights], now the European Parliament has rejected it. HRW said: “On May 21, only a few months after the conclusion of the Comprehensive Agreement on Investment (CAI), a trade deal between the EU and China, the European Parliament adopted a resolution to freeze its ratification. The deal has been controversial in the Parliament given concerns about forced labor in China, its rushed conclusion, and its lack of human rights protections and redress mechanisms. Beijing’s counter-sanctions against several European lawmakers and institutions managed to unite the European Parliament on CAI like nothing else has, and will now prevent any movement on ratification as long as they remain in place“.

But the European Parliament voted overwhelmingly Thursday to refuse any consideration of the EU-China investment deal as long as Chinese sanctions against MEPs and scholars were in place. France24 on 212 May gives China’s expected angry reaction:

China slammed the European Union’s “confrontational approach” after MEPs voted to block a landmark investment deal over Beijing’s tit-for-tat sanctions against EU lawmakers. Foreign ministry spokesman Zhao Lijian said Beijing’s sanctions were a “necessary and justified response” to previous EU measures against Chinese officials over human rights concerns in Xinjiang.

China has imposed sanctions on relevant institutions and personnel of the EU who spread Xinjiang-related lies and false information and who have seriously damaged China’s sovereignty and interests,” Zhao said at a regular press briefing.

He urged the EU to “immediately stop interfering in China’s internal affairs, abandon its confrontational approach” and push EU-China relations “back to the right track of dialogue and cooperation”.

Defenders of the pact see it as a much-needed opening of China’s economy to European companies, but it is set to face a difficult ratification process among the 27 member states and European Parliament.

The investment deal aims to open China’s market and eliminate discriminatory laws and practices preventing European companies from competing on an equal footing, according to the European Commission.

EU foreign direct investment in China since 2000 — excluding Britain — amounted to $181 billion. The corresponding sum from China is $138 billion.

Ties between the EU and China soured suddenly in March after an angry exchange of sanctions over human rights concerns.

The EU sanctioned four Chinese officials over suspected human rights violations in China’s far northwestern region of Xinjiang.

Beijing responded by imposing its own sanctions against European politicians, scholars and research groups.

Adding to the pressure, about 50 human rights defenders from China who have gone into exile in Europe — including the artist Ai Weiwei — asked the EU on Thursday to suspend extradition treaties with Beijing.

In an open letter to EU leaders, they asked Brussels to freeze or revoke arrangements made by 10 EU member states, including France, Belgium and Spain.

These bilateral treaties “not only present a potential threat to our freedom of movement within the European Union, but to our freedom of association and freedom of expression, as Beijing may seek our extradition for statements we make in Europe”, it said.

https://www.hrw.org/news/2021/05/20/european-parliament-freezes-trade-deal-china

https://www.france24.com/en/live-news/20210521-china-slams-eu-s-confrontational-approach-after-investment-deal-blocked

MEA laureate Yu Wensheng finally allowed family ‘visit’

May 17, 2021

Jailed Chinese Lawyers Get Mother's Day Visit, Video Call

Two Chinese human rights lawyers serving jail sentences for “inciting subversion of state power,” Yu Wensheng (L) and Qin Yongpei (R), were permitted limited visits with their families, May 10, 2021. Yu Wensheng/Qin Yongpei

Jailed Chinese rights lawyer Yu Wensheng, who was held incommunicado for three years and sentenced to jail for “incitement to subvert state power,” was allowed a visit from relatives at the weekend, his wife said. Yu’s young son was allowed to visit his father in Nanjing Prison on May 9, along with his mother Xu Yan, Xu told RFA.

The couple’s son spoke with Yu by phone from behind a glass partition during the half-hour visit, Xu said.

Yu Wensheng had a very good chat with our son,” she said. “Both them were laughing a lot, and there was no sense of strangeness.”


Our son told his father that he missed him, and Yu was happy to hear that,” she said. “Yu told him that he had wanted to spend more time with him … and apologized for not being there longer than three years.”

The reunion was the first face-to-face meeting in more than three years, with the authorities blaming the coronavirus pandemic for the repeated cancellation of family visits.
Yu Wensheng was the MEA laureate of this year: https://www.trueheroesfilms.org/thedigest/laureates/69fc7057-b583-40c3-b6fa-b8603531248e

See also: https://humanrightsdefenders.blog/2019/12/05/what-kind-of-lawyers-will-attend-the-global-lawyers-forum-in-guangzhou-on-human-rights-day/

https://www.rfa.org/english/news/china/lawyers-visits-05112021084728.html

Dictators hire U.S. firms to clean up their images.

May 14, 2021
Image without a caption

Kathy Kiely published on 7 May 2021 in the Washington Post a very enlightening piece showing that “Representing countries with bad records on press freedom is big business.”:

….But even if Biden’s ambition to reestablish the White House as a champion of human rights is a welcome break from the Trump administration’s dictator-coddling, his efforts to pressure countries on freedom of expression are being systematically undermined in Washington, where some nations that are the worst offenders have powerful advocates. Representing those countries is a lucrative business here in the home of the First Amendment.

Sadly, there are far too many examples in the Justice Department’s foreign-agent registration database to present a complete list here. So my research assistant, Missouri journalism student Elise Mulligan, and I decided to focus on a few countries with pressing image problems when it comes to press freedoms.

 Saudi Arabia: The oil-rich kingdom deserves top rank here for the enormity of both the fees and the crime involved. A few big-name influencers dropped the Saudis as clients immediately after the brazen October 2018 murder of journalist and Washington Post contributing op-ed writer Jamal Khashoggi in the Saudi Consulate in Istanbul. But others made a different choice. Since Khashoggi’s death, some two dozen U.S. firms have picked up more than $73 million in fees for representing Saudi interests, according to reports they have filed with the Justice Department. Chief among them was the kingdom’s longtime main lobbying firm, Qorvis, which said in a statement at the time of Khashoggi’s disappearance that “we take the situation seriously” and would “wait for all the facts to become known.”

Here are some facts that have since become known: Saudi officials have acknowledged that Khashoggi was killed by a team of government agents sent to force the journalist to return to the kingdom and that his body was afterward dismembered. Five of the 15 hit men were convicted but have since had their death sentences commuted. And U.S. intelligence officials have concluded that Saudi Crown Prince Mohammed bin Salman approved the operation that led to Khashoggi’s murder.

Meanwhile, the crown prince continues to have his reputation as a visionary world leader burnished with news releases like the one prepared in January by Edelman hailing Neom, the futuristic city the prince has ordered up on the Red Sea. (Edelman took in $6.7 million from the Saudis since Khashoggi’s murder before completing its latest contracts in January, according to Foreign Agents Registration Act, or FARA, filings.) Or in a Hogan Lovells-produced release crediting the crown prince for “new efforts to combat extremist ideology and shut down hate speech.” This about a country that routinely makes female journalists the targets of misogynistic trolling campaigns.

Qorvis has collected more than $28 million from the Saudis since Khashoggi’s murder, filings with the Justice Department show. Firm President Michael Petruzzello has said the $18.8 million Qorvis reported receiving from the Saudis six months after the journalist’s death was for work “billed over several years and recently paid all at once.” But since then, the firm has picked up another $9 million working for the Saudis. It also has a contract to do work for the kingdom’s oxymoronically named Human Rights Commission. A bit of context: While the Saudis recently released from prison several female activists (who had asked for, among other things, the right to drive), the women are not permitted to leave the country.  [see also: https://humanrightsdefenders.blog/2021/02/09/will-loujain-al-hathloul-be-released-on-thursday-11-february/]

Even more jaw-droppingly, some U.S. lobbying firms are producing materials flacking the Saudis’ humanitarian work in Yemen, such as a note from a Hogan Lovells partner to Capitol Hill staffers about “how the Kingdom of Saudi is leading regional efforts related to the current cease-fire and COVID mitigation in Yemen,” and a Brownstein Hyatt Farber Schreck flier for a Saudi-sponsored Capitol Hill conference on “protecting innocent lives” in Yemen by eradicating land mines. That all seems a bit like offering a Band-Aid to someone whose leg you just cut off, given the Saudi role in escalating Yemen’s civil war. According to the United Nations, the conflict has killed at least 233,000 people and left children starving.

The Philippines: Over the past few years, Philippine President Rodrigo Duterte has been busy shuttering his nation’s largest broadcaster and conducting an infamous campaign of online and legal harassment against much-lauded journalist and entrepreneur Maria Ressa (who just added the UNESCO press freedom prize to honors from the Committee to Protect Journalists, the National Press Club and many more). [See: https://humanrightsdefenders.blog/2021/04/28/maria-ressa-of-the-philippines-winner-of-unescos-guillermo-cano-world-press-freedom-prize-2021/]

At the same time, the blue-chip communications and public relations firm BCW Global has collected fees of more than $1 million for providing assistance to the nation’s central bank, headed by a Duterte ally. The work includes a glossy 70-page pamphlet (including plenty of photos of Duterte) touting the Philippine economy to investors, as well as news releases that highlight the accomplishments of “President Rodrigo Duterte’s economic team”  and his “reform agenda.” All of that is intended to encourage investment in a country whose leader has drawn widespread condemnation for encouraging thousands of extrajudicial killings.

China: Global rainmakers Squire Patton Boggs continue to represent Beijing’s interests in Washington for a retainer of $55,000 a month, according to the firm’s most recent contract, dated last July. The firm’s January filing with the Justice Department reported payments of $330,000 from the Chinese Embassy for the previous six months of work, which included advice on “U.S. policy concerning Hong Kong, Taiwan, Xinjiang and Tibet,” among other places where Beijing has been trying to muzzle dissidents, and “matters pertaining to human rights,” according to the firm’s latest filing with the Justice Department’s foreign-agent registration database.

Chinese officials have been sanctioned by the U.S. government for human rights abuses against the country’s Muslim Uyghur minority in Xinjiang and against Buddhists in Tibet, among other concerns. They’re also no friend to journalists, unsurprisingly: The prison sentence handed to Hong Kong news publisher Jimmy Lai became the latest headline in China’s crackdown on press freedom. The most recent report from the Foreign Correspondents’ Club of China documents the expulsions of at least 18 foreign correspondents and numerous attempts to intimidate reporters working in Hong Kong and mainland China. Most concerning are the detentions of Chinese nationals, some of whom have been held for months with no word about the charges against them or their condition.

Of course, it is hopelessly silly to be writing any of this with an expectation that it’ll change this behavior. Anyone can lip-sync the patronizing lecture on realpolitik that Washington’s foreign policy establishment deploys to edify the ignoramus idealist who thinks Americans should stand up for our own values.

Former senator Norm Coleman — who, as a senior adviser for Hogan Lovells (post-Khashoggi murder take from Saudi Arabia: $6.8 million, according to records the firm has filed with the Justice Department), has been working his Hill contacts on the Saudis’ behalf — delivered a version of this lecture in interviews immediately after Khashoggi’s disappearance. The murder was “not a good deal at all” and “there needs to be accountability,” he said, but the “strategic relationship” between the Americans and the Saudis must be maintained: Iran must be contained. Israel must survive.

There are variations on this theme for almost every bad actor on the world stage: The Philippines is a strategic base for U.S. operations in South Asia. China? Think of all those customers for our soybeans and our movies! And, at various times, Washington has tried to enlist all three countries as allies in the war on terrorism.

But if we can’t stand up for free speech, life and liberty, what, exactly, are we fighting for? May 3 was World Press Freedom Day, which the United Nations has set aside to celebrate the work of journalists in promoting democracy, accountability and the rule of law. It seems a fitting moment to consider how socially and politically acceptable it has become in this country is to undermine all those things.Advertisement. See also: https://humanrightsdefenders.blog/2020/05/03/world-press-freedom-day-2020-a-small-selection-of-cases/

The firms that lobby for Saudi Arabia, the Philippines and China did not respond to repeated requests for comment. It would be interesting to ask them how they square their work for those clients with the work they like to highlight: accounts such as the Centers for Disease Control and Prevention and the Alzheimer’s Association (Qorvis); campaigns for worthy causes, such as the video Edelman made for Ikea to support equal rights for women (sadly lacking in Saudi Arabia). But it’s worth pointing out this work because these clients, along with other reputable brands that these lobbying firms represent — for instance, Major League Baseball’s commissioner’s office and the California State Teachers Association (Hogan Lovells) and Coca-Cola (BCW) — might want to think twice about being in the same stable as thugs like Rodrigo Duterte and Mohammed bin Salman.

It takes more than a president to support democracy. We all need to examine our wallets as well as our consciences and consider how each of us are standing up for it. Or — wittingly or unwittingly — are not.

https://www.washingtonpost.com/outlook/dictators-crush-dissent-then-they-hire-these-us-firms-to-clean-up-their-images/2021/05/07/679bcb54-adec-11eb-ab4c-986555a1c511_story.html

Victims of ‘forced confessions’ urge Western TV channels to ban Chinese TV

April 12, 2021
Erkin Tursun, a former TV producer whom officials said is serving a 20-year sentence in Xinjiang province, is seen speaking in a video shown at a news conference in Beijing, China on April 9, 2021.
Erkin Tursun, a former TV producer whom officials said is serving a 20-year sentence in Xinjiang province, is seen speaking in a video shown at a news conference in Beijing, China on April 9, 2021. © Reuters TV via Reuters

NEWS WIRES of 12 April 2021 reports that thirteen people who describe themselves as “victims of forced confessions broadcast on Chinese television” are urging European satellite operator Eutelsat to reconsider carrying Chinese channels CGTN and CCTV4.

The letter published by human rights watchdog Safeguard Defenders details a list of violations that the signatories say China is guilty of using to extort confessions from them and “refuse the right to a fair trial”. [see also: https://humanrightsdefenders.blog/2018/04/12/how-china-extracts-televised-confessions-from-human-rights-defenders/]

We are asking you… to determine whether television providers in democratic societies ought to continue to be morally complicit in the broadcast of information that is intentionally twisted and obtained through torture,” the group said. 

We are only a dozen victims able to speak out…. Many other victims are in prison. A few have been executed...The victims have no way of demanding reparations. The only way to stop this is for television regulators to investigate and take measures,” the group added. 

The letter notes Australian public broadcaster SBS stopped using content from Chinese state-run television in March pending a review of human rights concerns.

The UK also fined CGTN for partiality and violation of privacy and removed it from the airwaves, a ban that pushed the channel to set up shop in France. [see https://humanrightsdefenders.blog/2019/01/08/forced-television-confessions-in-china-lead-to-request-to-ban-cctv-in-uk/]

French audiovisual regulator CSA determined in March that CGTN met the technical criteria necessary for broadcasting but just this week Safeguard Defenders submitted two complaints against the channel. 

One cited an allegedly coerced interview with a Uighur child and the other was a defamation complaint from German researcher Adrian Zenz, whose reports on the treatment of Uighurs in China’s western Xinjiang region have drawn rebukes from Beijing.

The signatories are from China and other countries, including Chinese human rights lawyers Bao Longjun and Jiang Tianyong who have been targeted by authorities in their country. [see: https://humanrightsdefenders.blog/2015/07/29/the-remarkable-crackdown-on-lawyers-in-china-in-july-2015/]

Simon Cheng, a former British consulate staffer in Hong Kong, who was granted asylum in the UK after allegedly being tortured by Chinese secret police also signed the letter. 

Also giving support is Swedish activist and Safeguard Defenders co-founder Peter Dahlin, who spent three weeks in jail in 2016 before being expelled from the country as a national security threat.

Angela Gui, daughter of Gui Minhai who published in Hong Kong until he was sentenced to 10 years in prison in 2020, signed on behalf of her father. [see also: https://humanrightsdefenders.blog/2020/02/25/gui-minhai-10-years-jail-sentence-in-china/]

https://www.france24.com/en/asia-pacific/20210411-victims-of-forced-confessions-urge-western-powers-to-ban-chinese-tv-channels

https://www.ndtv.com/world-news/forced-confession-victims-urge-chinese-tv-channels-ban-2411414

Wrap up 46th session of UN Human Rights Council with key resolutions on Belarus and Myanmar and more

March 29, 2021

UN Photo/Jean-Marc FerréA general view of the Geneva-based UN Human Rights Council in session. 24 March 2021

The UN’s top rights forum passed resolutions condemning abuses of fundamental freedoms in Belarus and Myanmar on Wednesday, in response to ongoing concerns over the human rights situation in both countries.

The ISHR and another 15 organisations (see below) produced as usual their reflections on the key outcomes of the 46th session of the UN Human Rights Council, as well as the missed opportunities to address key issues and situations including pushbacks and other human rights violations faced by migrants and refugees, and the human rights situations in Algeria, Cameroon, China, India, Kashmir and the Philippines.

They welcome some important procedural advances such as the possibility for NGOs to make video statements, which should be maintained and expanded after the pandemic for all discussions, including in general debates. …They are concerned by the renewal for another year of the ‘efficiency’ measures piloted in 2020, despite their negative impact on civil society participation in a year also impacted by the COVID-19 pandemic. We urge States to reinstate general debates in the June sessions, to preserve their open-ended nature, and maintain the option of video intervention also in general debates.

Environmental justice:

They welcome the joint statement calling for the recognition of the right of all to a safe, clean, healthy and sustainable environment that was delivered by the Maldives, on behalf of Costa Rica, Morocco, Slovenia and Switzerland and supported by 55 States. We call on all States to seize this historic opportunity to support the core-group as they continue to work towards UN recognition so that everyone in the world, wherever they live, and without discrimination, has the right to live in a safe, clean and sustainable environment.

We welcome the joint statement that was delivered by Bangladesh, on behalf of 55 States, calling the Council to create a new Special Rapporteur on human rights and climate change. We believe this new mandate would be essential to supporting a stronger human rights-based approach to climate change, engaging in country visits, normative work and capacity-building, and further addressing the human rights impacts of climate responses, in order to support the most vulnerable. This mandate should be established without further delay.

Racial Justice: Over 150 States jointly welcomed that the implementation of HRC Resolution 43/1 will center victims and their families. They urge the Council to respond to the High Commissioner’s call to address root causes of racism including the “legacies of enslavement, the transatlantic trade in enslaved Africans, and its context of colonialism”. The Council must answer to the demands of victims’ families and civil society’s, and establish – at its next session – an independent inquiry to investigate systemic racism in law enforcement in the United States and a thematic commission of inquiry to investigate systemic racism in law enforcement globally, especially where it is related to legacies of colonialism and transatlantic slavery.

Right to health: The resolution on ensuring equitable, affordable, timely, and universal access by all countries to vaccines in response to the COVID-19 pandemic is a welcome move in highlighting the need for States not to have export and other restrictions on access to safe diagnostics, therapeutics, medicines, and vaccines, and essential health technologies, and their components, as well as equipment  and encouraged States to use all flexibilities within TRIPs. However, a revised version of the resolution tabled was further weakened by the deletion of one paragraph on stockpiling of vaccines and the reference to ‘unequal allocation and  distribution among countries”. The specific deletion highlights the collusion between rich States and big pharmaceuticals, their investment in furthering monopolistic intellectual property regimes resulting in grave human rights violations. The reluctance of States, predominantly WEOG States who continue to defend intellectual property regimes and States’ refusal to hold business enterprises accountable to human rights standards is very concerning during this Global crisis.

Attempts to undermine HRC mandate: They regret that once again this Council has adopted a resolution, purportedly advancing ‘mutual beneficial cooperation’ which seeks to undermine and reinterpret both the principle of universality and its mandate. Technical assistance, dialogue and cooperation must be pursued with the goal of promoting and protecting human rights, not as an end in itself or as a means of facilitating inter-State relations. We reiterate our call on all States, and especially Council members, to consider country situations in an independent manner, based on objective human rights criteria supported by credible UN and civil society information. This is an essential part of the Council’s work; reliance on cooperation alone hobbles the Council’s ability to act to support the defenders and communities that look to it for justice.

Country-specific resolutions: They welcome the new mandate for the High Commissioner focused on the human rights situation in Belarus in the context of the 2020 Presidential election. It is now essential for States to support the High Commissioner’s office, ensuring the resources and expertise are made available so that the mandate can be operationalised as quickly as possible. Immediately afterwards, on 24 March, 2021 the Human Rights House Foundation published a call by 64 Belarusian and international human rights organisations, welcoming the resolution passed by the UN Human Rights Council mandating the High Commissioner to create a new robust monitoring and reporting mandate focused on accountability for human rights violations in Belarus that have taken place since 1 May 2020. In so doing, the Council demonstrated its determination to hold Belarusian authorities to account. This mandate needs immediate action. We urge the international community to support this critical next step. The mandate should provide a complementary and expert international mechanism to regional accountability processes already under way. Furthermore, it should assist in the identification of those responsible for the most serious violations for future prosecution. [https://humanrightshouse.org/statements/civil-society-organisations-call-for-the-immediate-operationalisation-of-hrcs-new-mandate-on-belarus/]

They welcome the renewal of the mandate of the Special Rapporteur on Iran, and urge Council to consider further action to hold Iranian authorities accountable, in view of the systematic impunity and lack of transparency surrounding violations of human rights in the country.

They welcome the call for additional resources for the Special Rapporteur on Myanmar, increased reporting by OHCHR as well as the work of the IIMM. Lack of international monitoring on, the imposition of martial law in Myanmar to prosecute civilians, including protesters, before military courts, the dangerous escalation of violence by the Tatmadaw and the widespread human rights violations amounting to crimes against humanity demand more efforts to ensure accountability.

They welcome the renewal and strengthening of the OHCHR’s monitoring and reporting mandate on Nicaragua, in a context of steady human rights deterioration marked by the Government’s refusal to cooperate constructively with the Office, over two years after its expulsion from the country. The adopted resolution lays out steps that Nicaragua should take to resume good faith cooperation and improve the situation ahead of this year’s national elections. It is also vital that this Council and its members continue to closely follow the situation in Nicaragua, and live up to the resolution’s commitments, by considering all available measures should the situation deteriorate by next year.

They welcome the increased monitoring and reporting on the situation of human rights in Sri Lanka. However, in light of the High Commissioner’s report on the rapidly deteriorating human rights situation and Sri Lanka’s incapacity and unwillingness to pursue accountability for crimes under international law, the Council should have urged States to seek other avenues to advance accountability, including through extraterritorial or universal jurisdiction.

While they welcome the extension of the mandate of the Commission on Human Rights in South Sudan (CHRSS), they regret the adoption of a competing resolution under the inadequate agenda item 10. This resolution sends a wrong signal as myriads of local-level conflicts and ongoing SGBV and other violations of fundamental rights continue to threaten the country’s stability. We urge South Sudan to continue cooperating with the CHRSS and to demonstrate concrete progress on key benchmarks and indicators.

They welcome the report by the Commission of Inquiry on Syria on arbitrary imprisonment and detention and reiterate the recommendation to establish an independent mechanism “to locate the missing or their remains”, and call on States to ensure the meaningful participation of victims and adopt a victim-centered approach, including by taking into consideration the Truth and Justice Charter of Syrian associations of survivors and families of disappeared when addressing arbitrary detention and enforced disappearance.

Country-specific State statements: They welcome States’ leadership and statements on human rights situations that merit the HRC’s attention.

They welcome the joint statement on the situation in Ethiopia’s Tigray region and urge all actors, including the Ethiopian Federal Government, to protect civilians and ensure unhindered humanitarian access. Those responsible for crimes under international law, including Ethiopian soldiers, members of armed militias and non-State groups, and Eritrean soldiers involved in Tigray, must be held criminally accountable. The HRC should mandate an independent investigation and reporting by the High Commissioner.

For the first time in seven years, States at the HRC have united to condemn the widespread human rights violations by Egypt and its misuse of counter-terrorism measures to imprison human rights defenders, LGBTI persons, journalists, politicians and lawyers and peaceful critics. They welcome the cross-regional joint statement by 32 States and we reiterate our call supported by over 100 NGOs from across the world on the HRC to establish a monitoring and reporting mechanism on the situation.

They welcome the joint statement by 45 States focused on the human rights situation in Russia, including the imprisonment of Alexi Navalny and the large number of arbitrary arrests of protestors across Russia. The statement rightly expresses concern for shrinking civil society space in Russia through recent legislative amendments and Russia using its “tools of State” to attack independent media and civil society.

In the context of mounting international recognition that Israel imposes an apartheid regime over the Palestinian people, they welcome Namibia’s call for the “restoration of the UN Special Committee on Apartheid in order to ensure the implementation of the Apartheid Convention to the Palestinian situation.” See also: https://humanrightsdefenders.blog/2021/01/18/israel-and-apartheid-israeli-human-rights-group-stirs-debate/]

For the future:

The next session will receive a report on pushbacks from the Special Rapporteur on human rights of migrants. The Council must respond to the severity and scale of pushbacks and other human rights violations faced by migrants and refugees in transit and at borders and the ongoing suppression of solidarity, including by answering the High Commissioner’s call for independent monitoring. The Council’s silence feeds impunity, it must build on the momentum of the joint statement of over 90 States reaffirming their commitment to protection of the human rights of all migrants regardless of status.

While the OHCHR expressed deep concern about the deteriorating human rights situation and the ongoing crackdown on civil society in Algeria, and called for the immediate and unconditional release of arbitrarily detained individuals, the Council has remained largely silent. As authorities are increasingly arbitrarily and violently arresting protesters – at least 1,500 since the resumption of the Hirak pro-democracy movement on 13 February, they call on the Council to address the criminalisation of public freedoms, to protect peaceful protesters, activists and the media.

Cameroon is one of the human rights crises the Council has failed to address for too long. They condemn the acts of intimidation and reprisal exercised by the Cameroonian government in response to NGOs raising concerns, including DefendDefenders. This is unacceptable behavior by a Council member. The Council should consider collective action to address the gross human rights violations and abuses occurring in the country.

They echo the calls of many governments for the Council to step up its meaningful action to ensure that concerns raised by civil society, the UN Special Procedures and the OHCHR about the human rights situation in China be properly addressed, including through an independent international investigation. We also regret that a number of States have taken an unprincipled approach of voicing support to actions, such as those by the Chinese government, including in Xinjiang and Hong Kong, through their national and other joint statements.

They call for the Council’s attention on the rapid deterioration of human rights in India. Violent crackdowns on recent farmers’ protests, internet shutdowns in protest areas, sedition and criminal charges against journalists reporting on these protests, and criminalisation of human rights defenders signal an ongoing dangerous trend in restrictions of fundamental freedoms in India. We call on India to ensure fundamental freedoms and allow journalists, HRDs and civil society to continue their legitimate work without intimidation and fear of reprisals. [see also: https://humanrightsdefenders.blog/2020/10/29/also-un-calls-on-india-to-protect-human-rights-defenders/]

We once again regret the lack of Council’s attention on the human rights crisis in Kashmir. Fundamental freedoms in the Indian-administered Kashmir remains severely curtailed since the revocation of the constitutional autonomy in August 2019. Raids in October and November 2020 on residences and offices of human rights defenders and civil society organisations by India’s anti-terrorism authorities in a clear attempt at intimidation have further exacerbated the ongoing crisis. We call on the OHCHR to continue to monitor and regularly report to the Council on the situation in both Indian and Pakistani administered  Kashmir, and on Indian and Pakistani authorities to give the OHCHR and independent observers unfettered access to the region. [See also; https://humanrightsdefenders.blog/2020/02/09/forgotten-kashmir-something-has-to-be-done/]

Nearly six months since its adoption, the Council Resolution 45/33 on technical assistance to the Philippines has proven utterly insufficient to address the widespread human rights violations and persistent impunity. Killings in the war on drugs continue, and attacks on human rights defenders and activists have escalated. The killing of nine unarmed activists on 7 March 2021 clearly demonstrates that no amount of technical assistance will end the killings as long as the President and senior officials continue to incite violence and killings as official State policy. It is imperative that the Council sets up an international accountability mechanism to end the cycle of violence and impunity in the Philippines. [see also: https://humanrightsdefenders.blog/2021/03/09/philippines-killings-continue-and-de-lima-stays-in-jail/]

Watch the statement: 

*The statement was also endorsed by: Franciscans International; Egyptian Initiative for Personal Rights (EIPR); International Commission of Jurists (ICJ);  International Movement Against All Forms of Discrimination and Racism (IMADR); Asian Forum for Human Rights and Development (FORUM-ASIA); African Centre For Democracy And Human Rights Studies; International Federation for Human Rights Leagues (FIDH); MENA Rights Group; International Lesbian and Gay Association; Impact Iran; Ensemble contre la Peine de Mort (ECPM); Siamak Pourzand Foundation; Cairo Institute for Human Rights Studies (CIHRS); ARTICLE 19; CIVICUS: World Alliance for Citizen Participation.

NOTE: The 47th regular session of the Human Rights Council is scheduled from 21 June 2021 to 9 July 2021.

https://www.ishr.ch/news/hrc46-civil-society-presents-key-takeaways-human-rights-council

Human Rights