Posts Tagged ‘China’

Human Rights Day 10 December 2019: an anthology

December 11, 2019

International Human Rights Day, 10 December 2019, was celebrated or observed all around the world and there is no way to report on every event. Stil to add flavour here a selection of some 14 smaller and bigger events – for more details follow the links provided (and for last year’s anthology see references at the end):

There was of course the annual statement by UN High Commissioner for Human Rights Michelle Bachelet Rightly, these young people are pointing out that it is their future which is at stake, and the future of all those who have not yet even been born. It is they who will have to bear the full consequences of the actions, or lack of action, by the older generations who currently run governments and businesses, the decision-makers on whom the future of individual countries, regions and the planet as whole depends…We have a duty to ensure young people’s voices are heard. The Universal Declaration of Human Rights, adopted by the UN General Assembly on 10 December 1948, was a firm commitment by States to protect the rights of everyone – and that includes making it possible for future generations to uphold human dignity, equality and rights…..Climate harms will not be halted by national borders – and reactions based on hostile nationalism, or short-term financial considerations, will not only fail: they will tear our world apart. The struggles for climate justice and human rights are not a political quarrel. This is not about left or right: it is about rights – and wrongs… We need to mobilise across the world – peacefully and powerfully – to advance a world of rights, dignity and choice for everyone. The decision-makers understood that vision very clearly in 1948. Do they understand it now? I urge world leaders to show true leadership and long-term vision and set aside narrow national political interests for the sake of everyone, including themselves and all their descendants.

Pakistan: Human Rights Defenders asked the government to make serious efforts to provide fundamental rights. Human rights, labour rights and civil society activists called upon the government to make serious efforts for the provision of fundamental human rights and freedoms, especially the freedoms of association and expression, enshrined in the Constitution of Pakistan and the Universal Declaration of Human Rights. Addressing a joint press conference at the Karachi Press Club to mark International Human Rights Day, PILER joint director Zulfiqar Shah, human rights activists Naghma Shaikh and Saeed Baloch representing the Sindh Human Rights Defenders Network said the government should ensure the restoration of the freedom of expression and the freedom to association. They demanded that the government should bring in a law to protect the rights of human rights defenders as they stood up for the voiceless people…. They also demand fully restoring the freedom of expression, as it was a constitutional right of the people to express their thought. Access to the information right must be ensured, they said.

India: Activists say NHRC urgently needs to protect human rights defenders. The National Human Rights Commission should proactively protect the rights of ‘human rights defenders’, said activists at the national convention on rights of Dalit and Adivasi rights defenders in the capital on Tuesday. Human Rights Defenders appealed to the commission to proactively intervene in cases where the works of Dalit and Adivasi organisations were being obstructed. Activists said there were a growing attack on human rights defenders in India and said the need of the hour was collective action….On Human Rights Day, the convention highlighted the importance of the work of human rights defenders. Despite the country having national human rights institutions and over 160 state human rights institutions dealing with human rights, women, children, minorities, SCs, STs, right to information, persons with disabilities, and safai-karamcharis, these institutions have often failed to protect the human rights defenders, activists said. In addition to the usual challenges, women human rights defenders face gender-specific violations, such as rape and sexual violence which are used as tools for harassment, said activists. Caste discrimination has also presented a greater danger for women rights defenders belonging to the Dalit and Adivasi communities.

Cambodia: The Khmer Times reported that very differing opinions on the status of human rights in the Kingdom became apparent as various groups marked Human Rights Day at two venues in the capital. About 400 government officials and youth group members marked the day’s 71st anniversary at the Cambodia-Korea Cooperation Centre, while about 2,000 unionists and members of the public marked the day at Freedom Park.

Keo Remy, president of the Cambodian Human Rights Committee, at the CKCC said the government has always paid attention to the rights of citizens. “Our leaders prioritise peace and stability,” Mr Remy said. “Youths can make the country chaotic because of the words democracy and human rights. That is why we focus on youths and stability.” while..

Ath Thorn, president of the Coalition of Cambodian Apparel Workers’ Democratic Union, at Freedom Park said respecting the rights of workers has decreased over the years and it is a source of concern for many. “We see that respecting workers’ rights has decreased – investors do not pay attention to workers,” Mr Thorn said. “Investors need to consider the rights of workers.” He said garment factory workers are faced with decreasing salaries, overtime work, discrimination, short-term contracts, violence and imprisonment. The Cambodian Centre for Human Rights in a statement said the government has taken action to curb issues surrounding human rights, but it has not done enough. “We call on the government to encourage the celebration of Human Rights Day in Cambodia and acknowledge the benefit human rights have on society as a whole,” it said. “We implore the government to cease all arbitrary action and targetting of human rights defenders.” The CCHR also called for the charges against two former Radio Free Asia journalists and Kem Sokha to be dropped.

Palestine: the Addameer Prisoner Support and Human Rights Association reported that Palestinians marked International Human Rights Day following a year of nonstop violence and widespread human rights violations by Israeli Occupation Forces (IOF), against the Palestinian population used, as a form of collective punishment and a method to control Palestinian society. These consistent and systematic policies by the occupation include, extrajudicial executions and issuance of discriminatory legislations, mass arrests campaigns, torture, administrative detention, and medical negligence against Palestinian political prisoners…..In 2019, the (IOF) continued its crackdown and repression of human rights defenders. Currently, Addameer faces gag orders against around 40 of the cases they represent, who are in interrogation. The gag order prohibits us from releasing any information to the public regarding their detention status, or face grave consequences.

Philippines: Groups under the Ecumenical Voice for Human Rights and Peace in the Philippines (Ecuvoice) has submitted its first wave of reports on the human rights situation in the Philippines to United Nations Commissioner on Human Rights Michelle Bachelet on Monday, Dec. 9. This is in line with Resolution 41/2 which was adopted by the UN Human Rights Council (UNHRC) in July this year. “With the intensifying transgressions on the Filipinos people’s political rights and civil liberties, we are participating in this report-making process of the UN High Commissioner for Human Rights to pursue justice and accountability,” the convenor of Ecuvoice, Edita Burgos, said.

while

the international trade union movement was using international human rights day to call attention to the alarming attacks on human and labour rights defenders in the Philippines. The government’s targeting of trade unionists has been ramped up recently with fresh waves of arrests and violence. The international trade union movement is united in calling on the government to stop the attacks. The government is targeting labour activists through a practice known as red-tagging. By falsely identifying people who speak out against the government as associated to armed militia groups, the government purposely targets them with harassment and arrests and exposes them to violence and even murder….The International Labour Organization (ILO) has resolved to send a High-Level Tripartite Mission to the Philippines to investigate the human rights situation, but despite the urgency, the government has yet to receive the Mission. The international labour movement is undertaking solidarity events across the world to demand an end to the human rights abuses and the targeting of trade unionists. The ITUC has requested to meet with the representative of the Philippines to the EU on Human Rights Day and has outlined three key demands.

Turkey. Amnesty International Turkey and MetroPOLL Strategic and Social Research Center have jointly conducted a Survey on Perception of Human Rights. The results of the survey have shown that when they hear the expression of “human rights”, 65.2 percent of the participants think of “right to life” first. While “freedom of expression” comes to the minds of 33.5 percent, the right to a fair trial ranks third with 22.1 percent. According to the survey participated by 2,651 people from 28 cities and conducted in a face-to-face manner, 82.1 percent of the society think that fundamental rights and freedoms are violated in Turkey. Of these people, 58 percent say that fundamental rights are occasionally violated and 42 percent say that they are frequently violated. 62.6 percent of the participants are of the opinion that fundamental rights and freedoms are restricted in Turkey. While 72 percent of the young participants think that fundamental rights and freedoms are restricted, this rate falls as the age of the participant gets older. For more detials see the full report.

China:  posted an interesting piece in China Digital Times on how the Chinese government defends if record on human rights and how others see this. Here one excerpt out of manY:

On Tuesday, International Human Rights Day, spokesperson Hua Chunying mounted a familiar defense of China’s rights record at the Ministry of Foreign Affairs’ regular press conference …and went on to note that the MoFA and State Council Information Office would host the “2019 South-South Human Rights Forum” this week “with a view to adding new dimensions and injecting impetus into exchange and cooperation in the field of human rights.” ….. At Hong Kong Free Press, the Uyghur Human Rights Project’s Omer Kanat commented on the ‘South-South Human Rights Forum’ hailed by Hua Chunying,…… Among the enablers of Xi Jinping’s repression are states with disreputable recor[ds attracted to a possible exemption from universal standards that ‘human rights with Chinese characteristics’ affords. And again, if we could freely ask the populations who reside in these states how they feel about such a concept, there would be few advocates. Therefore, on Human Rights Day, we have a responsibility to defend those who defend universal values and be clear ‘never again’ has meaning. There is injustice everywhere and we must fight it. Uyghurs are among them, for example, the imprisoned Ilham Tohti, and in exile , Nury Turkel, Rushan Abbas, and Gulchehra Hoja, whose families have been detained and disappeared in East Turkestan because of their advocacy. The second ‘South-South Human Rights Forum’ is opening in Shanghai for this year’s Human Rights Day. The dangerous fiction of the ‘Beijing Declaration’ that there are exceptions to the universality of rights should be firmly resisted.

Afghanistan ‘Human Rights’ should be more focused during peace talks. MENAFN (Afghanistan Times) reported that UN Special Representative for Afghanistan and head of UNAMA, Tadamichi Yamamoto, in a gathering has expressed concerns regarding the human rights achievements, saying that these gains should be saved in the ongoing negotiation with the Taliban. He called on the National Security Council to consider perseverance of human and civil rights in talks with the Taliban, adding ‘Afghanistan Independent Human Rights Commission’s role is very important in the peace process, every voice that raise should be heard and rights of the victims should be observed.‘.. Moreover, head of AIHRC, Shaharzad Akbar has called on the Taliban to legislatively recognize the values of human rights. …There are massive concerns about the violation of achievements of human rights and freedom of speech in the peace negotiation with the Taliban militants. The Taliban has back in 1990 ruled Afghanistan with the sever restriction on girls and school students. The cultural Taboos and less freedom of women are one of the other key issues that have brought sever concerns from Afghan and foreign officials.

The NGO WITNESS used the occasion to publish its ANNUAL REPORT which looks at key successes from July 2018-June 2019 (fiscal year 2019). See the video clip:

Malaysia. “What happened to Harapan’s vow to improve human rights?” asks Jasmine Cho in an open letter:…’When Pakatan Harapan won a dramatic victory in the GE14 elections, they vowed to steer the country forward with human rights as one of their top priorities. However, since their win, we have seen a heavy regression in the area. The kind of regression that has gotten us worried about our present and our future as a modern, fair, and humane nation. From the Suaram 2019 report, several areas of abuse were glaring. One was the treatment of prisoners. The government has yet to abolish the Security Offences (Special Measures) Act 2012, the Prevention of Crime Act 2015 and the Dangerous Drugs (Special Preventive Measures) Act 1985……….The list of human rights abuse is getting longer and the frustration we feel with our government is reaching boiling point. Malaysia is considered a modern and democratic country, so why are we so far behind when it comes to human rights? The government should stop pandering to the religious majority and stop focusing on external matters. The rights of the rakyat are being abused.

Netherlands/Sri Lanka. The Dutch Ambassador Gonggrijp spoke at an event for Human Rights Day 2019 organized by Equal Grounds Sri Lanka saying inter alia:

Sri Lanka has recently known a long period of conflict, during which human rights were under pressure. The reconciliation process after the end of the war has been slow. And I hear people say: what is the point of looking back, let’s move forward. To my opinion it is about recognition and human dignity. To that respect we should also recognize the progress that has been made: the Office on Missing Persons has been mandated to restore the rights of every Sri Lankan of any background, language or religion, to know what happened to their loved ones. And the work of the Sri Lanka Human Rights Commission, as an independent entity, mirrors the country’s commitment to uphold human rights and civil freedoms. The Netherlands supports this and stands ready to help Sri Lankan institutions like these with capacity building and technical expertise…..

The policy of Netherlands is aimed at 1) abolishing the criminalization of homosexuality, 2) opposing discrimination on the basis of sexual orientation and gender identity and 3) achieving wider social acceptance of gay people. In the Netherlands we have taken the first step of decriminalization a long time ago, but we are also still working on stopping discrimination and promoting acceptance. As I hope Sri Lanka will also take this first step in the near future, I also recognize that this will not solve all issues the LGBTI community is facing. It is key to inform people about the rights they have, regardless of their sexual orientation. To empower them to take responsibility, stand up or seek justice. It is also key to educate and make people from outside the community aware of the harassment and discrimination that people from the LGBTI community face. In order to also empower them to show solidarity and to take action if necessary. Every form of emancipation has been and still is a struggle. It starts with a ‘fight for your rights’. This is why this initiative of Equal Ground is so important, because – and allow me to quote again:

Mongolia / EU: Montsame reported that on the occasion of International Human Rights Day the Delegation of the European Union to Mongolia together with the Embassies of France and Italy presented European Union Human Rights Defenders’ Award (a national award!) to nine people, who are making their efforts to human rights protection…..Unfortunately, we are still observing human rights violations in many countries, especially gender and racial discrimination and discrimination in sexual orientation. Therefore, the EU Delegation to Mongolia, the Embassies of France and Italy and the Embassies of other countries are showing respect to human rights activists in Mongolia. Protection of human rights is one of main principles of the European Union, which defines its internal, and foreign policies and it is belonged to everyone. We will ever protect and encourage the people who endeavor for human rights, “ Ambassador of the European Union to Mongolia Traian Laurentiu Hristea said at the opening of the award presenting ceremony. The Ambassador also highlighted that the event will be traditionally held in the future.

MEXICO An indigenous activist who documented and denounced abuse committed by the military in Guerrero is this year’s winner of the National Human Rights Prize. Obtilia Eugenio Manuel was awarded the prize at Tuesday’s presidential press conference by National Human Rights Commission (CNDH) president Rosario Piedra Ibarra. The human rights chief said that among the military abuses that have been documented by Eugenio are the forced sterilization, sexual assault and sexual torture of indigenous women. Piedra also said the activist has received numerous threats and noted that she was abducted for four days earlier this year. ..“We don’t want one more rapist in our way,” Eugenio said, making a reference to the Chilean feminist anthem that has been performed around the world in recent weeks. Also at Tuesday’s press conference, Piedra recognized the human rights work of Margarito Díaz González and presented an award to his widow, Modesta Chávez de la Rosa. A former member of the Wirikuta security council and an advocate for environmental and indigenous rights, Díaz was murdered in Nayarit last year. Piedra recalled that the activist opposed the construction of a dam and other projects in San Luis Potosí and the development of Canadian-owned mines on sacred sites of the Huichol people.

 


If you are interested to compare with last year, see:

https://humanrightsdefenders.blog/2018/12/10/human-rights-day-2018-just-an-anthology/

https://humanrightsdefenders.blog/2018/12/11/human-rights-day-2018-anthology-part-ii/

—————

http://bianet.org/english/human-rights/216920-82-1-percent-of-society-think-that-fundamental-rights-and-freedoms-are-violated
https://chinadigitaltimes.net/2019/12/china-defends-record-on-international-human-rights-day/
https://menafn.com/1099401711/Afghanistan-Human-Rights-should-be-more-focused-during-peace-talks
https://ar2019.witness.org/
https://www.malaysiakini.com/letters/503280
https://www.netherlandsandyou.nl/latest-news/news/2019/12/11/human-rights-day-2019
https://akipress.com/news:630675:EU_Human_Rights_Award_presented_to_nine_people_in_Mongolia/
https://mexiconewsdaily.com/news/human-rights-prize-winner-documented-abuse-by-military/

Sweden charges ex-Ambassador to China over pressure on daughter of Gui Minhai

December 10, 2019

Last month I reported on Sweden standing up to China in giving an award to Gui Minhai [see: https://humanrightsdefenders.blog/2019/11/19/sweden-defies-chinese-threats-after-award-to-book-publisher-gui-minhai/] On 9 December 2019 the New York Times comes with a related story that is quite amazing: the former Ambassador to China, Anna Lindstedt, is accused of arranging unauthorized talks between the daughter of a detained bookseller and two men representing Chinese interests. She has even been charged with “arbitrariness during negotiations with a foreign power”. “In this specific consular matter, she has exceeded her mandate and has therefore rendered herself criminally liable,” Hans Ihrman, the deputy chief public prosecutor for Sweden’s National Security Unit, said in a statement on Monday. Mr. Ihrman said the charge of arbitrariness during negotiations with a foreign power was “unprecedented.” Angela Gui, the daughter of Gui Minhai, said the two Chinese men who had offered to help free Mr. Gui instead pressured her to keep silent.

Credit…Leif R Jansson/TT, via Associated Press

A lawyer for Ms. Lindstedt, Conny Cedermark, said Monday in an email that no crime had been committed. “Arbitrary conduct in negotiation with a foreign power has a series of prerequisites,” he said, and none of them had been met in the case.

Mr. Gui was one of five Hong Kong-based publishers who were abducted and taken to China in 2015 after publishing books that were critical of the Communist Party elite, setting off international condemnation. See also: https://humanrightsdefenders.blog/2016/01/21/confessions-abound-on-chinese-television-first-gui-minhai-and-now-peter-dahlin/

Relations between Sweden and China have been strained since Gui Minhai was kidnapped in 2015, and tensions increased last month when the Swedish office of the writers’ group PEN said that it was awarding a literary prize to Mr. Gui. The prize is given annually to an author or publisher who is persecuted, threatened or living in exile. Three days later, the Chinese Embassy in Stockholm called the prize a “farce” and threatened consequences if members of the Swedish government were to attend the award ceremony. A week later, Amanda Lind, Sweden’s minister of culture, not only attended the ceremony but also awarded the prize, despite warnings from the Chinese ambassador that Ms. Lind and other government officials working in the area of culture would no longer be welcome in China. Late last month, China appeared to follow through on its warning, with SVT reporting that two Swedish films had been banned from screenings in China. Last week, after a seminar in Gothenburg, Sweden, on Swedish-Chinese relations, the Chinese ambassador to Sweden, Gui Congyou, told the newspaper Goteborgs-Posten that China would limit trade with Sweden because of its handling of the Gui Minhai case.

What kind of lawyers will attend the ‘Global Lawyers Forum’ in Guangzhou on Human Rights Day?

December 5, 2019

Lawyer Wang Yu is taken to a studio for TV denunciation of the ABA award. Pictorial rendition is based on Wang Yu’s account. Source: Safeguard Defenders.

The government has invited, according to its official website,more than 600 important international guests from governments, judicial departments, financial circles, international lawyers’ associations, other bar associations and well-known law firms, etc.”………to uphold the rule of law spirit of building a community of shared future for humanity, create an international platform for lawyers from all countries for exchange and cooperation, further consolidate the consensus of the international legal profession, etc…

We know that since July 2015, Chinese human rights lawyers have been suppressed on a large scale [ see https://humanrightsdefenders.blog/2015/07/29/the-remarkable-crackdown-on-lawyers-in-china-in-july-2015/ and https://humanrightsdefenders.blog/2019/06/26/lawyers-key-to-the-rule-of-law-even-china-agrees-but-only-lip-service/]. To this day, many lawyers, including Wang Quanzhang [see https://humanrightsdefenders.blog/2018/12/05/li-wenzu-wife-of-wang-quanzhang-wins-2018-edelstam-award/], Zhou Shifeng, Yu Wensheng, Chen Wuquan, Chen Jiahong, Qin Yongpei, and others are in prison. Lawyer Gao Zhisheng disappeared on August 13, 2017, and his whereabouts still are unknown. Lawyer Jiang Tianyong, who was released from prison earlier this year, has since been under illegal house arrest [see also: https://humanrightsdefenders.blog/2017/11/21/jiang-tianyong-chinese-defender-of-defenders-sentenced-to-2-years-jail/].

China Change asked a number of Chinese human rights lawyers to express their views on this “Global Lawyers Forum”. Here a selection:

“…..If the purpose of the conference, as the government claims, is to “consolidate the international consensus of the lawyers’ profession,” what then is the consensus of the legal profession? It is the UN’s “Basic Principles on the Role of Lawyers.” Domestic law should be amended on the basis of these principles.  (Liu Shuqing, Jinan, deprived of his lawyer’s license in 2016)

This rhetoric can be deceptive domestically and internationally, giving those who don’t know the true nature of the CCP and the reality on the ground the wrong impression that China has rule of law, so much so that it is a world leader in the area.” (Jiang Tianyong, Beijing, 709 detainee, and still under house arrest since his release at the end of February 2019.)

Lawyer Jiang Tianyong

“I think it is a ridiculous thing for China to host such an event. As everyone knows, the Chinese government has always opposed constitutional democracy and the rule of law. It disregards human rights and blatantly infringes upon every right of the people. Such a conference is only a cover-up for the CCP.”   (A lawyer who wishes to remain anonymous)

“The All China Lawyers’ Association (ACLA) is the same as the Chinese government; it is a part of the government. ACLA contributes little to defending human rights in China, and more often than not it is an accomplice in suppressing human rights. Such a country holding such a conference and urging lawyers from all over the world ‘to jointly promote the rule of law around the world’ –– how could anyone believe this? How could anyone attend and support such a meeting? Are the participants burying their heads in the sand or just being ignorant?” (Liang Xiaojun, Beijing)

“Nearly without exception, any Chinese lawyer who has participated in any international exchange meeting, including meetings with Hong Kong and Taiwanese lawyers, has been interrogated and threatened by China’s national security agents or domestic security police after they returned home to the mainland. In such a ‘police state,’ how can there be normal international exchanges?” (Chen Jiangang, Hubert H. Humphrey Fellow 2019, who fled China in the summer after being threatened with “disappearance” by a director of Beijing’s Judicial Bureau)

“The choice to hold the ‘Global Lawyers Forum’ in Guangzhou is ironic in light of the purpose of the gathering. The retrogression of the legal system in China over the past decade, and the persecution of lawyers who dare to speak out, has reached a shocking point. And the crackdown and persecution of lawyers in Guangzhou is the most severe in the country. Therefore, the selection of Guangzhou for the ‘Global Lawyers Forum’ is an affront to the spirit of rule of law.” (Liu Zhengqing, Guangzhou, license revoked in 2019)

“I really am not inclined to criticize any lawyers or officials who will attend the conference. I just want them to be clear-headed when they are in China. What they will see is definitely not all of China, or even the most important part. If they aren’t hoodwinked and if they observe the Chinese legal profession with clear eyes, a greater number of ordinary Chinese lawyers may have heartfelt admiration for them.” (Wen Donghai, Changsha)

“I hope attendees from foreign bar associations won’t just listen to the officials’ big empty words and propaganda but pay more attention to the actual human rights situation in China. I hope they learn more about religious groups, ethnic minorities, dissidents and human rights activists. These groups have suffered cruel persecution in China; I hope the foreign attendees will speak on their behalf at the conference and raise questions.” (An anonymous Beijing lawyer)

“I hope the participants can hear the voices of lawyers not sanctioned by the CCP government, and especially look into the real reasons for the revocation of so many lawyers’ licenses.” (Liu Zhengqing, Guangzhou)

…….

 

 

China Has Invited 600 International Lawyers and Judicial Officials to its ‘Global Lawyers Forum,’ But These Chinese Lawyers Won’t Be Welcome

Sweden defies Chinese threats after award to book publisher Gui Minhai

November 19, 2019

the Swedish PEN’s Tucholsky Prize was presented to jailed Swedish-Chinese publisher Gui Minhai, . EPA-EFE/Fredrik Sandberg SWEDEN OUT
New Europe reports that Sweden’s culture minister defied a Chinese threat on Friday 15 November after she had awarded a Swedish human rights prize to detained Chinese-Swedish book publisher Gui Minhai.  The ceremony at Sven-Harry’s Art Museum in Stockholm, took place on 15 November 2019.  The Swedish section of the International organization PEN awarded its free speech Tucholsky Prize free speech prize to the 55-year-old Gui, a Chinese-born Swedish citizen now detained in China. The Tucholsky Prize was established in 1984 and is named after German writer Kurt Tucholsky, who sought asylum to Sweden fleeing Nazi Germany in the 1930s. It has been previously awarded to writers such as Adam Zagajevski, Nuruddin Farah, Salman Rushdie, Taslima Nasrin and Svetlana Alexievich.

Gui Minhai published stories about Chinese political leaders out of a Hong Kong book shop. He disappeared while on holiday in Thailand in 2015. He then appeared on Chinese state television confessing to a fatal drink-driving accident from more than a decade earlier. He served two years in prison, was released in October 2017, and then arrested again while travelling on a train to Beijing with Swedish diplomats. [see also: https://humanrightsdefenders.blog/2016/01/21/confessions-abound-on-chinese-television-first-gui-minhai-and-now-peter-dahlin/]

Those in power should never take the liberty to attack free artistic expression or free speech,” Swedish Culture and Democracy Minister Amanda Lind said during the ceremony. An empty chair symbolically represented the writer at the ceremony in Stockholm. The Chinese Ambassador to Stockholm, Guy Congyou, opposed both the award and its presentation by a Swedish government official. Gui Congyou told Radio Sweden that there would be “serious consequences” and “countermeasures” against Sweden.

More specifically, Gui Congyyou told Swedish news agency TT that any government representative attending the ceremony would be unwelcome in China. The Chinese Ambassador maintains that Gui Minhai is not a persecuted author but a criminal who has “committed serious offences in both China and Sweden.

Swedish Prime Minister Stefan Löfven made clear that his government would not back down: “We are not going to give in to this type of threat. Never. We have freedom of expression in Sweden and that’s how it is, period,” Lofven told Swedish Television. “We have made it clear to China’s representatives that we stand by our position that Gui Minhai must be released and that we have freedom of expression in Sweden,” Lind told TT. Sweden’s foreign ministry issued a statement on Friday calling on China to release Gui and made an official representation to Chinese authorities over the ambassador’s statements.

China’s sensitivity on this issue has been a constant feature as shown in one of my earliest blog posts in 2012: https://humanrightsdefenders.blog/2012/12/06/china-and-its-amazing-sensitivity-on-human-rights-defenders/

Universal human rights apply to Ilham Tohti? China and EU: disagree

October 26, 2019

Chinese Foreign Minister Wang Yi met his EU counterpart Federica Mogherini in Beijing on Tuesday. Photo: Xinhua
Chinese Foreign Minister Wang Yi met his EU counterpart Federica Mogherini in Beijing on Tuesday. Photo: Xinhua

Keegan Elmer  in the South China Morning Post of 25/26 October 2019 reports that Chinese officials have told their European counterparts that human rights should be measured by the people’s well-being and rejected the EU’s support for the “universal” values enshrined in the United Nations Charter. The statements issued by both sides after a meeting between the EU’s foreign affairs chief and Chinese foreign minister Wang Yi underlined their disagreements on human rights by recording their discussions on the topic in markedly different ways. While the Europeans focused on Mogherini’s support for “universality”, the Chinese statement emphasised her call for mutual respect and comments that there were “different approaches” to the issue.

According China, Mogherini had acknowledged that there are “different approaches to safeguarding and promoting human rights” and accepted that there were “problems with the human rights situation in European countries”. It continued that she had agreed to continue cooperation and exchanges with China “on the basis of mutual respect”, adding: “The EU does not intend to act as the ‘teacher’ of other countries on human rights issues.”

But the EU’s account of the meeting did not refer to Wang’s comments and said Mogherini had “underlined to the Chinese leadership that the EU will continue to stand up for the universality, interdependence and indivisibility of human rights based on the UN Charter and standards”.

China extraordinary sensitivity to ‘interference’ of any level into what it considers its domestic affairs is well-known. I touched upon this hot’ topic’ in my own 2011 article “The international human rights movement: not perfect, but a lot better than many governments think” in the book ‘NGOs in China and Europe’ (exceptionally also published in Chinese!): Yuwen Li (ed), Ashgate, 2011, pp 287-304 (ISBN: 978-1-4094-1959-4).

On the same day that the pair met in Beijing, the European Parliament awarded its 2019 Sakharov Human Rights Prize to human rights defender Ilham Tohti, who is serving a life sentence. The statement announcing the award called for his immediate release and said “for over two decades, he has worked tirelessly to foster dialogue and understanding between Uygurs and other Chinese people”. [see: https://humanrightsdefenders.blog/2019/10/24/lham-tohti-now-also-awarded-the-2019-sakharov-prize/]. Predictably, during a press conference on Friday, Chinese foreign ministry spokesman Hua Chunying said the parliament had “given a prize to a criminal”. “I don’t know how much meaning, value or influence [the prize] has,” said Hua. “I only know Tohti is a criminal that has been sentenced by a Chinese court.

Neither the Chinese nor the EU have said whether Tohti’s case or the situation in Xinjiang – where Beijing is accused of detaining a million mainly Uygur Muslims in re-education camps – had been discussed.

lham Tohti now also awarded the EU’s 2019 Sakharov Prize 

October 24, 2019

Ilham Tohti, renowned Uyghur economist fighting for rights of China’s Uyghur minority, awarded 2019 Sakharov Prize      

Ilham Tohti, renowned Uyghur economist fighting for rights of China’s Uyghur minority, awarded 2019 Sakharov Prize © AP Images/Andy WONG  

It was just accounced that Uyghur human rights defender Ilham Tohti has been awarded this year’s European Parliament Sakharov Prize for Freedom of Thought. European Parliament President David Sassoli announced the laureate in the Strasbourg chamber at noon on Thursday, following an earlier decision by the Conference of Presidents: “I am very pleased to announce that the European Parliament has chosen Ilham Tohti as the winner of the 2019 Sakharov Prize for Freedom of Thought. Tohti has dedicated his life to advocating for the rights of the Uyghur minority in China. Despite being a voice of moderation and reconciliation, he was sentenced to life in prison following a show trial in 2014. By awarding this prize, we strongly urge the Chinese government to release Tohti and we call for the respect of minority rights in China”. The Sakharov award ceremony will be held in the European Parliament’s hemicycle in Strasbourg on 18 December. For more on the Sakharov Prize for Freedom of Thought and similar awards, see: http://www.trueheroesfilms.org/thedigest/awards/sakharov-prize-for-freedom-of-thought.

This is the 6th major human rights award that Ilham Tohti has picked up:

2014   Freedom to Write Award (PEN)

2016   Martin Ennals Award for Human Rights Defenders

2017   Prize for Freedom (Liberal Int’l)

2017   Weimar Human Rights Award

2019   Vaclav Havel Prize for Human Rights (PACE)

2019   Sakharov Prize for Freedom of Thought

It will be interesting to see how the Chinese government is going to react as it tends to be very sensitive on awards for its human rights defenders, think of the Nobel Peace Prize for Liu Xiaobo on 2010 or the reaction of the Chiane government against the former UN High Commissioner for Human Rights giving the MEA in 2016 [https://www.reuters.com/article/us-china-rights-un-idUSKCN12C0X2]. Another example is: https://humanrightsdefenders.blog/2017/11/11/cyber-attacks-on-city-of-weimar-for-awarding-ilham-tohti/

Winners of the 2020 Andrei Sakharov Prize (of the APS) announced:

October 23, 2019

The American Physical Society (APS) on 22 october 2019 announced the Society’s Spring 2020 prize and award recipients. This includes the 2020 Andrei Sakharov Prize [see: http://www.trueheroesfilms.org/thedigest/awards/andrei-sakharov-prize-aps] which goes to:

Ayşe Erzan, Istanbul Technical University
For her lifelong commitment to human rights, especially for her steadfast defense of the rights of citizens to criticize those in power, even at great personal cost.

Xiaoxing Xi, Temple University
For his articulate and steadfast advocacy in support of the US scientific community and open scientific exchange, and especially his efforts to clarify the nature of international scientific collaboration in cases involving allegations of scientific espionage.

https://www.aps.org/publications/apsnews/updates/spring-prizes20.cfm

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

October 2, 2019

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

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

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

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

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

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

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

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

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

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

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

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

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

Signatories:

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

—————

Below the fulll list of 38 texts adopted:

Resolutions

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Wang Meiyu, democracy activist, dies in prison in China

October 2, 2019

The Guardian, Hong Kong, reported on 28 September 2019 that human rights defenders are calling for an investigation into the death of the Chinese democracy activist who was arrested for holding up a placard calling for Chinese President Xi Jinping to step down. Wang Meiyu, 38, was detained in July after he stood outside the Hunan provincial police department holding a sign that called on Xi and Chinese Premier Li Keqiang to resign and implement universal suffrage in China. He was later charged with “picking quarrels and provoking trouble,” a vague offense often given to dissidents.

According to Wang’s mother and lawyer, he died on Monday. Wang’s wife, Cao Shuxia, received a call from police notifying her that her husband had died at a military hospital in the city of Hengyang, where he had been held. The police officer on the telephone did not offer any explanation of the cause of death. According to Minsheng Guancha, a Chinese human rights group, Cao was later able to see Wang’s body and saw that he was bleeding from his eyes, mouth, ears and nose, and that there were bruises on his face. According to Radio Free Asia, Cao said police pressured her to accept their statement that Wang’s death had been an accident, but she refused. “The Chinese government must investigate allegations of torture and the death in detention of human rights activist Wang Meiyu and hold the perpetrators of torture and extrajudicial killing criminally accountable,” Chinese Human Rights Defenders (CHRD) said in a statement.

Since Monday, Wang’s family has been placed under house arrest, CHRD said. He has two young children. Others connected to his case have also come under pressure. Late on Wednesday, six armed police detained Xie Yang, a rights lawyer, and Chen Yanhui, an activist, who had met at a hotel to discuss Wang’s case. They were released on Thursday. See also: https://humanrightsdefenders.blog/2017/12/30/rsdl-chinas-legalization-of-disappearances/

Wang, who began his work as an activist when his home was forcibly demolished, had been detained and claimed to have suffered torture before. After he held up the placard calling for Xi’s resignation, he wrote online of how police stormed into his home, ordering him to write a confession letter and a statement promising he would stop. “These idiots. They can’t understand that even after these years of persecution, including being deprived of water for three days or suffering two hours of electrical needles that caused me to vomit blood, I won’t surrender,” he wrote.

Ilham Tohti and Balkan youth group share 2019 Vaclav Havel Human Rights Prize

October 1, 2019

The Parliamentary Assembly of the Council of Europe (PACE) has awarded jailed Uyghur scholar Ilham Tohti the 2019 Vaclav Havel Human Rights Prize, making him the first dissident from China to receive the prize. Tohti, 49, shares the prize  with the Youth Initiative for Human Rights (YIHR) – a group that brings together youths from across the Balkans to promote reconciliation – on Monday at ceremony in Strasbourg, France on the opening day of PACE’s autumn plenary session.
PACE said in a statement after a live broadcast on September 30 that actions taken by the two prize winners carry “a message of hope for all those who aspire to build a better world, one where the dignity, rights, and basic liberties of everyone are respected and guaranteed.

Tohti is an advocate for China’s Uyghur Muslim minority who was sentenced to life in prison by Beijing in 2014 on separatism charges. YIHR is a Balkan-based group promoting reconciliation through building connections between young people from different ethnic groups, regions, and countries.

The award was accepted on Tohti’s behalf by Enver Can of the Ilham Tohti Initiative, who said that while the prize honors individuals and organizations, “it also recognizes a whole population in giving the entire Uyghur people a voice,” and vowed to continue efforts to free the jailed professor. Speaking to RFA’s Uyghur Service on Monday, Tohti’s daughter, Jewher Ilham, welcomed the award and expressed appreciation to Europe-based rights groups—particularly the Ilham Tohti Initiative—for advancing her father’s case.

Enver Can called the Vaclav Havel Prize “tremendous recognition of Ilham Tohti’s efforts to help his people.”

After Tohti was shortlisted for the seventh Vaclav Havel Human Rights Prize last month [see also: https://humanrightsdefenders.blog/2019/08/29/ilham-tohti-one-of-the-finalists-for-the-vaclav-havel-human-rights-prize/], China’s Foreign Ministry spokesperson Geng Shuang told a press conference that PACE should “withdraw the nomination and stop supporting separatist and terrorist forces.”

Tohti was awarded the PEN/Barbara Goldsmith Freedom to Write Award in 2014, the Martin Ennals Award in 2016, the Liberal International Prize for Freedom in 2017, and Freedom House’s Freedom Award in 2019. The jailed professor is also a nominee for the 2019 Nobel Peace Prize.
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https://www.rfa.org/english/news/uyghur/award-09302019133018.html

https://www.rferl.org/a/council-of-europe-awards-joint-havel-prize-to-uyghur-activist-tohti-balkan-youth-group/30191297.html