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Q&A: Transnational Repression

June 14, 2024

On 12 June 2024, Human Rights Watch published a useful, short “questions-and-answers” document which outlines key questions on the global trend of transnational repression. 

Illustration of a map being used to bind someone's mouth
© 2024 Brian Stauffer for Human Rights Watch
  1. What is transnational repression?
  2. What tactics are used?
  3. Is transnational repression a new phenomenon?  
  4. Where is transnational repression happening? 
  5. Do only “repressive” states commit transnational repression?
  6. Are steps being taken to recognize and address transnational repression? 
  7. What should be done? 

What is transnational repression?

The term “transnational repression” is increasingly used to refer to state actors reaching beyond their borders to suppress or stifle dissent by targeting human rights defenders, journalists, government critics and opposition activists, academics and others, in violation of their human rights. Particularly vulnerable are nationals or former nationals, members of diaspora communities and those living in exile. Many are asylum seekers or refugees in their place of exile, while others may be at risk of extradition or forced return. Back home, a person’s family members and friends may also be targeted, by way of retribution and with the aim of silencing a relative in exile or forcing their return.

Transnational repression can have far-reaching consequences, including a chilling effect on the rights to freedom of expression and association. While there is no formal legal definition, the framing of transnational repression, which encompasses a wide range of rights abuses, allows us to better understand it and propose victim-centered responses.

What tactics are used?

Documented tactics of transnational repression include killings, abductions, enforced disappearances, unlawful removals, online harassment, the use of digital surveillance including spyware, targeting of relatives, and the abuse of consular services.  Interpol’s Red Notice system has also been used as a tool of transnational repression, to facilitate unlawful extraditions. Interpol has made advances in improving its vetting systems, yet governments continue to abuse the Red Notice system by publishing unlawful notices seeking citizens who have fled abroad on spurious charges. This leaves targets vulnerable to arrest and return to their country of origin to be mistreated, even after they have fled to seek safety abroad.

Is transnational repression a new phenomenon?

No, the practice of governments violating human rights beyond their borders is not new. Civil society organizations have been documenting such abuses for decades. What is new, however, is the growing recognition of transnational repression as more than a collection of grave incidents, but also as an increasing phenomenon of global concern, requiring global responses. What is also new is the increasing access to and use of sophisticated technology to harass, threaten, surveil and track people no matter where they are. This makes the reach of transnational repression even more pervasive. 

Where is transnational repression happening? 

Transnational repression is a global phenomenon. Cases have been documented in countries and regions around the world. The use of technology such as spyware increases the reach of transnational repression, essentially turning an infected device, such as a mobile phone, into a portable surveillance tool, allowing targeted individuals to be spied on and tracked around the world. 

Do only “repressive” states commit transnational repression?

While many authoritarian states resort to repressive tactics beyond their own borders, any government that seeks to silence dissent by targeting critics abroad is committing transnational repression. Democratic governments have also contributed to cases of transnational repression, for example through the provision of spyware, collaborating with repressive governments to deny visas or facilitate returns, or relying upon flawed Interpol Red Notices that expose targeted individuals to risk.

Are steps being taken to recognize and address transnational repression? 

Increasingly, human rights organizations, UN experts and states are documenting and taking steps to address transnational repression.

For example, Freedom House has published several reports on transnational repression and maintains an online resource documenting incidents globally. Human Rights Watch has published reports, including one outlining cases of transnational repression globally and another focusing on Southeast Asia. Amnesty International has published a report on transnational repression in Europe. Many other nongovernmental organizations are increasingly producing research and reports on the issue. In her report on journalists in exile, the UN Special Rapporteur on freedom of expression dedicated a chapter to transnational repression. The UN High Commissioner for Human Rights used the term in a June 2024 statement.

Certain governments are increasingly aware of the harms posed by transnational repression. Some are passing legislation to address the problem, while others are signing joint statements or raising transnational repression in international forums. However, government responses are often piecemeal, and a more cohesive and coordinated approach is needed. 

What should be done? 

Governments should speak out and condemn all cases of transnational repression, including by their friends and allies. They should take tangible steps to address transnational repression, including by adopting rights-respecting legal frameworks and policies to address it. Governments should put victims at the forefront of their response to these forms of repression. They should be particularly mindful of the risks and fears experienced by refugee and asylum communities. They should investigate and appropriately prosecute those responsible. Interpol should continue to improve vetting process by subjecting governments with a poor human rights record to more scrutiny when they submit Red Notices. Interpol should be transparent on which governments are continually abusing the Red Notice system, and limit their access to the database.  

At the international level, more can be done to integrate transnational repression within existing human rights reporting, and to mandate dedicated reporting on cases of transnational repression, trends, and steps needed to address it.

see also: https://humanrightsdefenders.blog/2024/03/19/transnational-repression-human-rights-watch-and-other-reports/

https://www.hrw.org/news/2024/06/12/qa-transnational-repression

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Human Rights Defenders issues at the 56th session of the UN Human Rights Council

June 12, 2024

The UN Human Rights Council will hold its 56th regular session at Palais des Nations in Geneva from 18 June and 12 July 2024. And as always the excellent Alert of the International Service for Human Rights permits me to hightlight what concerns HRDs most. To stay up-to-date you can follow @ISHRglobal and #HRC56 on X, and look out for the Human Rights Council Monitor.

Civil Society Access and Participation The UN is facing a severe liquidity crisis due to member states not paying their membership dues in full and on time. This shortfall is impacting victims and survivors of human rights violations. The crisis risks being used to impose restrictions on civil society participation, although online and hybrid modalities offer cost-effective and environmentally friendly solutions. Over 100 human rights organisations have called on all states to promptly pay their dues to address the liquidity crisis. Additionally, this session States have the opportunity to continue to build on the good practices adopted in the past years and allow for a broader, more inclusive, effective and climate-friendly human rights system, including by providing remote access to informal consultations on HRC resolutions that can greatly benefit from the analysis and lived experiences of human rights defenders.

Thematic issues Issues on the agenda At this 56th session, the Council will discuss a range of civil, political, economic, social and cultural rights through dedicated debates with the mandate holders and the High Commissioner, including with the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur on the right to freedom of expression, the Special Rapporteur on the rights to freedom of peaceful assembly and of association, the Special Rapporteur on promotion and protection of human rights in the context of climate change, the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance In addition, the Council will hold dedicated debates on the rights of specific groups including with: The Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, the Special Rapporteur on the rights of Internally Displaced Persons, the Special Rapporteur on violence against women and girls, the Special Rapporteur on independence of judges and lawyers

The Council will also hold debates on interrelation of human rights and thematic issues including with: The High Commissioner on new and emerging technologies.

The new incoming Independent Expert on violence and discrimination on the basis of sexual orientation and gender identity, Graeme Reid, will present his first report focusing on freedom of expression, assembly and association.

Environment and Climate Justice The Special Rapporteur on Internally Displaced Persons will present her report on planned relocations of people in the context of the adverse effects of climate change and disasters. This report is building up on previous reports by other mandates and will also look at laws and policies at the national, regional, and international levels. The newly appointed Special Rapporteur on Climate Change will also present her first report looking at the upcoming priorities and some reflections of the progress achieved on some issues in the last 5 years. The report will also provide a snapshot of some other key topics and the impacts on some particular groups. The Special Rapporteur will also present two country visits reports: Honduras and the Philippines. There is currently a call for inputs for her upcoming General Assembly report on access to information on climate change and human rights. The Working Group on Business and Human Rights will present its report on investors, Environmental, Social, and Governance (ESG) approaches and human rights. The report will raise awareness of the responsibilities of investors and will clarify responsibilities on how to align their ESG approaches to human rights. On Thursday 20 June, the President of the Human Rights Council is organising a high-level informal Presidential discussion on ‘The important link between climate change, food security and health security’. The discussion should address the important role of environmental human right defenders in promoting and securing the full realisation of the right to a clean, healthy and sustainable environment; and recognition of the obligation of States to prevent, protect and promote their work in an enabling environment.

International Solidarity Civil society and international experts have continued to raise grave concern at the attacks on fundamental freedoms when advocating for the human rights of Palestinians by authorities in Western countries, including in universities. The High Commissioner deplored the ‘sharp rise in hatred globally – including anti-Semitism and Islamophobia’. In her report to the Council, the Independent Expert on International Solidarity called on States to ‘eliminate the criminalization of international solidarity expressions and symbols and calls for accountability for violations of public international law norms, such as calls for peace, self-determination or decolonization and the ending of apartheid or genocide […] stressing that States ‘should not conflate them with ‘manifest support of terrorism’ or antisemitism in relevant legislation or regulations’. The Special Rapporteur on racism also raised concern at ‘accusations of antisemitism on the basis of legitimate criticism of treatment of Palestinians by Israel’ in her report following her visit to the United States.

The Special Rapporteur on Education, following her visit to the United States, stressed that the International Holocaust Remembrance Alliance (IHRA) definition conflating criticism of Israel with antisemitism is being used to crackdown against pro-Palestinian protesters, including individuals who ‘self-identify as belonging to the Jewish community or represent Jewish student associations’. The Rapporteur addressed violations against students following the organisation of ‘mass encampments at nearly 40 universities in more than 25 states across the country’, including the detention of more than 2000 individuals, raids by fully armed police on university campuses requested by educational institutions to ‘disperse demonstrators and dismantle encampments’.   During the session, and especially in the ID with the experts on International Solidarity, Education, Freedom of Expression, Freedom of Assembly and Association, we urge States to call for an end to the repression and criminalisation of groups and individuals advocating for the human rights of the Palestinian people, including through the instrumentalization of anti-Semitism (IHRA definition) and anti-terrorism policies, including in universities, and especially in the West (including in Austria, France, Germany,  Italy, United States, United Kingdom).

Reprisals
HRC56 is a key opportunity for States to raise concerns about specific cases of reprisals and demand that governments provide an update on any investigation or action taken toward accountability. This month ISHR launched a new campaign regarding cases. ISHR urges States to raise these cases in their statements:

Cao Shunli was a prominent Chinese human rights defender, who sought to share information on the human rights situation in China with the United Nations in Geneva. Cao was arbitrarily detained and died in prison 10 years ago. [for more saee: https://humanrightsdefenders.blog/tag/cao-shunli/]

Abdulhadi Al-Khawaja is a Bahraini-Danish advocate known for his unwavering commitment to freedom and democracy. In April 2011 during the Bahrain chapter of what is known as the ‘Arab Spring’ uprisings, while he was leading peaceful demonstrations, Abdulhadi was violently arrested. He went missing for two months and, in June 2011, after a military trial, he was condemned to life-imprisonment on terrorism-related charges, despite grave concerns from the international community about unfair trials. [s`eae also: https://humanrightsdefenders.blog/2022/11/29/mea-laureate-abdulhadi-al-khawaja-facing-new-charges-for-protesting-injustice-in-jau-prison/ and https://www.trueheroesfilms.org/thedigest/laureates/4d45e316-c636-4d02-852d-7bfc2b08b78d]

Pham Doan Trang is an author, blogger, journalist and pro-democracy activist from Viet Nam. Trang was prosecuted for her articles and reports on the human rights situation in Viet Nam, including an analysis of a 2016 report on the Formosa Ha Tinh Steel Plant environmental disaster that was shared with the United Nations. See also: https://www.trueheroesfilms.org/thedigest/laureates/fe8bf320-1d78-11e8-aacf-35c4dd34b7ba and https://humanrightsdefenders.blog/tag/pham-doan-trang/].

Khurram Parvez and Irfan Mehraj are two Kashmiri human rights defenders. They have conducted ground-breaking and extensive human rights documentation in the Indian-administered Jammu and Kashmir, including through their work within the Jammu Kashmir Coalition of Civil Society (JKCCS). In 2016, Indian authorities arrested Khurram a day after he was barred from traveling to Geneva to attend the 33rd session of the Human Rights Council. See also: https://www.trueheroesfilms.org/thedigest/laureates/81468931-79AA-24FF-58F7-10351638AFE3 and https://humanrightsdefenders.blog/tag/khurram-parvez/. Meanwhile, on 20 March 2023, Irfan was summoned for questioning and arbitrarily detained by the NIA in Srinagar also under provisions of the UAPA and other laws. The NIA targeted Irfan for being ‘a close associate of Khurram Parvez.’ Both Khurram and Irfan are presently in pre-trial detention in the maximum-security Rohini prison in New Delhi, India.

See also: https://menarights.org/en/articles/egypt-un-experts-call-government-stop-targeting-and-retaliating-against-human-rights

Country-specific issues on the agenda

The Council will consider updates, reports on and is expected to consider resolutions addressing a range of country situations, in some instances involving the renewal of the relevant expert mandates. These include: Interactive Dialogues with the High Commissioner and the Special Rapporteur on Myanmar Enhanced Interactive Dialogue with the Special Rapporteur on Afghanistan Interactive Dialogue with the Independent international fact-finding mission for the Sudan Interactive Dialogue with the Commission of Inquiry on the Occupied Palestinian Territory and Israel Interactive Dialogue with the Special Rapporteur on Eritrea Interactive Dialogue with the Special Rapporteur on Belarus Interactive Dialogue with the Commission of Inquiry on Syria Interactive Dialogue with the Special Rapporteur on Burundi Interactive Dialogue with the High Commissioner on Venezuela Interactive Dialogue with the High Commissioner on Libya Interactive Dialogue with the Independent Expert on Central African Republic Interactive Dialogue with the High Commissioner on Ukraine and interim report of SG on Crimea Interactive Dialogue with the High Commissioner on Colombia

Afghanistan On 18 June, Richard Bennett, Special Rapporteur on Afghanistan will present his most recent report on the ‘phenomenon of an institutionalized system of discrimination, segregation, disrespect for human dignity and exclusion of women and girls’ (HRC res. 54/1). The report provides a multidimensional understanding of the design, commission and impact of the harms resulting from the Taliban’s institutionalized system of gender-based oppression. We welcome the Special Rapporteur’s view expressed in the report that the framing of gender apartheid most fully encapsulates the institutionalized and ideological nature of the abuses in the country. We note that the report of the Working Group on Discrimination Against Women to be presented at this session also noted the pattern of large-scale systematic violations of women’s and girls’ fundamental rights in Afghanistan ‘constitutes an institutionalized framework of apartheid based on gender and merits an unequivocal response.’ ISHR considers that the pursuit of justice for Afghan women and girls demands a multifaceted approach harnessing the strengths of various accountability mechanisms, including the establishment of an accountability mechanism for crimes against humanity; with strategic coordination exerting heightened pressure on the Taliban. See also: https://www.afintl.com/en/202406121393

Sudan On 18 June, the Fact-Finding Mission on Sudan will provide its first oral update to the HRC. Since the conflict erupted between the Sudanese Armed Forces and the Rapid Support Forces (RSF) on 15 April 2023, more than 30 thousand people have been killed while 10 million and a half have been displaced, a majority of which are women and children. Half of the population is now on the verge of famine, and 2.5 million could die of starvation by September. The continued fighting in El Fashir portends a repeated massacre and ethnic cleansing of the Masalit in El Geneina last year. In Aljazeera at least one hundred people were killed by RSF on 5 June, the area is facing grave human rights violations since last December.  Meanwhile, the attacks on women’s rights groups and local response initiatives continue unabated.bHumanitarian responders get arbitrarily arrested, and smeared as traitors by the warring parties, some sentenced for up to 2 years and even killed. States should call for an immediate ceasefire, protection of civilians and adherence to international law by all parties in the conflict. 

Occupied Palestinian Territory and Israel On 19 June, the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel will present its report addressing the 7 October attacks by Palestinian armed groups and the commencement of Israel’s war on Gaza.

Venezuela The High Commissioner will present his report on 3 July with his Office staff still operating from Panama. The Maduro government has still not permitted the return of the Office on the terms of its original mandate. With Presidential elections to be held on 28 July, concerns increase about the safety of human rights defenders and opposition figures. Uncertainty has recently been increased by the re-introduction (and then rapid postponement of adoption) of the NGO Law. HRDs Javier Tarazona and Rocío San Miguel remain wholly unjustifiably detained. States must engage actively in the dialogue with the High Commissioner to make clear their support of the essential work of human rights defenders and of the UN’s essential, multifaceted regime scrutinising the human rights situation in the country. Situations of concern that are not on the Council’s agenda

Algeria The sustained repression against the pro-democracy movement and human rights defenders in Algeria was addressed in the end-of-session statements of the Special Rapporteur on freedom of association and assembly as well as the Special Rapporteur on human rights defenders who conducted official visits to Algeria in 2023. These were the first visits since 2016 by UN mandate holders to the country. The Special Rapporteur on Freedom of Assembly and Association addressed the ‘criminalisation of civil society work‘, and the ‘suspension or dissolution of political parties and associations, including prominent human rights advocacy organisations’ (including RAJ and LADDH), as well as ‘overly restrictive laws and regulations’ hindering their work.


Bahrain Thirty-three civil society organisations reiterated that thirteen years since Bahrain’s popular uprising, systemic injustice has intensified and political repression targeting dissidents, human rights defenders, clerics and independent civil society has effectively shut any space for the peaceful exercise of the right to freedom of expression or peaceful activism in the country. Despite the recent royal pardon issued on 8 April 2024, which included the release of more than 650 political prisoners, marking a change in State policy from previous royal pardons, the pardon excluded many individuals who played significant roles in the 2011 pro-democracy uprising, with an estimated 550 political prisoners remaining behind bars. HRC56 provides an important opportunity to address these developments in States’ national and joint statements, including during the Interactive Dialogues with the Special Rapporteurs and Independent Expert on Health, Freedom of Expression, Peaceful Assembly and Association, Independence of Judges and Lawyers and International Solidarity. We urge States to call for the release of all those arbitrarily, including human rights defenders and opposition activists Abdulhadi Al-Khawaja, Abduljalil Al-Singace, Hassan Mushaima and Sheikh Ali Salman as well as death row inmates Mohammed Ramadhan and Husain Moosa, who have now spent over a decade unlawfully detained following torture and unfair trials and remain at immanent risk of execution.

China The adoption on 4 July of the outcome of China’s fourth UPR review, which exposed strong international condemnation over grave abuses in January, is a key opportunity for States to urge China to fully implement recommendations emanating from existing findings by UN bodies. Any rejection by the Chinese government of UPR recommendations referring to UN expert mechanisms or to constructive cooperation with the UN system should be promptly condemned. Ahead of the second anniversary of the publication of the damning OHCHR Xinjiang report, and its authoritative findings of possible crimes against humanity in the Uyghur region, States should request updates on the implementation of the report’s recommendations. To uphold the integrity of its mandate and put an end to China’s exceptionalism, the HRC must also establish a monitoring and reporting mechanism on the country, as repeatedly called for by over 40 UN experts and hundreds of human rights groups globally. States should further urge the UN High Commissioner to strengthen follow-up action on his Office’s Xinjiang report, including through public calls for implementation, through translation of the report, and through an assessment of its implementation. States should raise serious concerns at the repression of peaceful protests by over 100 Tibetans who opposed a hydropower project in Derge County, affecting villages and monasteries. States should unequivocally call out the adoption of yet-another national security law further criminalising dissent and human rights promotion in Hong Kong, considered a ‘regressive step’ by High Commissioner Türk. States should echo the latter’s call to ‘release immediately and unconditionally all those arbitrarily arrested and detained under these laws.’ States should further ask for the prompt release of human rights defenders arbitrarily detained or disappeared, including feminist activist Huang Xueqin, human rights lawyers Ding Jiaxi, Yu Wensheng and his wife Xu Yan, legal scholar Xu Zhiyong, Uyghur doctor Gulshan Abbas, Hong Kong lawyer Chow Hang-tung, and Tibetan climate activist A-nya Sengdra.

Occupied Western Sahara ISHR is concerned over the situation of Saharawi human rights defenders, including lawyer M`hamed Hali, who has been arbitrarily deprived of his right to practice in the Moroccan judicial system due to opinions expressed in support of the right to self-determination for the people of Western Sahara. His hearing is scheduled on 27 June in front of Morocco´s highest court. We urge States to address  the crackdown on Sahrawi civil society including: during the Interactive Dialogues with the Special Rapporteurs on Freedom of Expression, Peaceful Assembly and Association, to call on Morocco to immediately put an end to ‘the systematic and relentless targeting of human rights defenders in retaliation for exercising their rights to freedom of association and expression to promote human rights in Western Sahara’; during the Interactive Dialogue with the Special Rapporteur on the Independence of Judges and Lawyers to call on Morocco to reinstate M’hamed Hali’s right to practice as a lawyer, stressing that this case sets a dangerous precedent for the independence of lawyers; and during the Interactive Dialogue with the Independent Expert on International Solidarity  to reiterate the recommendation of the expert that ‘States should eliminate the criminalization of international solidarity expressions and symbols and calls for accountability for violations of public international law norms, such as calls for peace, self-determination or decolonization […]’ in the case of Western Sahara.  

Saudi Arabia On 4 July, the Council will consider Saudi Arabia’s fourth UPR outcome, as the authorities announce whether they have accepted or rejected recommendations issued by States in January. The recommendations address widespread and systematic rights violations in the Kingdom, and have the potential to bring about significant change. They include, but are not limited to: calls for the release of prisoners of conscience, many of whom are serving decades-long prison sentences for peacefully exercising their basic rights, and the repealing of travel bans imposed on human rights defenders following their release; the abolition of the death penalty for child defendants, with several young men at imminent risk of execution for alleged crimes committed as minors; and a raft of legislative measures, including ratifying key international human rights treaties and revising repressive laws. States should use this key opportunity to urge Saudi Arabia to accept them in good faith, and crucially implement them.

Tunisia In May 2024, Tunisian authorities waged an unprecedented crackdown against Black migrants and refugees, and civil society organisations defending their rights. On 6 May, in the opening address to a National Security Council meeting, Tunisian President Kais Saied reiterated discriminatory and hateful remarks against Sub-Saharan migrants and refugees while inciting against civil society organisations, describing them as ‘traitors and [foreign] agents’ and ‘rabid trumpets driven by foreign wages’, because of their receipt of foreign funding and their ‘insulting’ of the state. The president questioned the sheltering of asylum seekers and refugees by the Tunisian Council for Refugees (CTR) – a nongovernmental organization, partner of the UNHCR, which supports the registration of asylum claims – and described asylum seekers and refugees residing in Tunisia as illegal. President Saied suggested that CSOs should only work with the state and under its instructions. Since 3 May, Tunisian authorities have arrested and opened investigations against the heads or members of at least six organisations working on migrant and refugee rights and against racial discrimination, including the CTR. Five people, including WHRD Saadia Mosbah, President of Mnemty, have remained in pre-trial detention, under unfounded accusations of financial crimes. On 14 May, the Prime Minister announced that a new association law is being finalized, which would replace Decree-Law 88, an internationally lauded legislation that that safeguards Tunisia’s right to the freedom of association. During the interactive dialogues with the Special Rapporteurs on Freedom of Assembly and Association, and Freedom of Expression, we urge States to call on Tunisia to put an end to the crackdown on civil society, immediately release all those arbitrarily detained, including individuals providing support or advocating for the rights of migrants and refugees, and to firmly condemn the escalating smear campaign and stigmatisation of human rights and humanitarian organisations receiving foreign funding and working with migrants and refugees, supported by the president’s speeches, often making use of discriminatory and racist language against Black migrants and Black people.

Adoption of Universal Periodic Review (UPR) reports During this session, the Council will adopt the UPR working group reports on Belize, Central African Republic, Chad, China, Congo, Jordan, Malaysia, Malta, Mauritius, Mexico, Monaco, Nigeria, Saudi Arabia, Senegal. ISHR supports human rights defenders in their interaction with the UPR. This session of the Council will provide an opportunity for Chad, China, Congo, Mauritius, Nigeria to accept recommendations made in relation to human rights defenders, as proposed in ISHR’s briefing papers.

Side events

19 June at 13:00 (room XXV): ISHR will hold a side event to launch the Declaration +25: A supplement to the UN Declaration on human rights defenders. See https://humanrightsdefenders.blog/2024/06/08/launch-of-the-hrd-declaration25/.

Open Society Institute will hold a side event on human rights in Afghanistan 19 June at 15:00:

American Civil Liberties Union will hold a side event on human rights in the United States of America

On 25 June at 16:00: Center for Justice and International Law will hold a side event on human rights in Guatemala

26 June at 14:00: Amnesty International will hold a side event on the protection of freedom of expression and assembly

On 27 June at 14:00: International Bar Association will hold a side event on gender apartheid: Case studies

On 3 July at 12:00: Friedrich Ebert Stiftung will hold a side event on climate change and human mobility

On 3 July at 17:00: Third World Network will hold a side event on business accountability in the context of armed conflict

On 4 July at 15:00: Earthjustice will hold a side event on Protection of Environmental Human Rights Defenders #HRC55:

Alert to the Human Rights Council’s 56th session

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35th anniversary of Tiananmen Square: 14 still in prison

June 4, 2024

While China is systematically erasing the memory of the brutal repression of student protests on 4 June 1989, 14 prominent participants of that movement are still behind bars, rearrested for their struggle for democracy. Chinese Human Rights Defenders issued an appeal for their release.

Chinese Human Rights Defenders (CHRD), an international NGO supporting Chinese dissidents, issued an appeal last week to mark the 35th anniversary of the Tiananmen Square massacre. [see also: https://humanrightsdefenders.blog/2014/06/13/25-years-tiananmen-celebrated-with-over-100-detentions/]

“For 35 years, all top Chinese leaders, from Li Peng to Xi Jinping, have been fixated on erasing memories of June 4 by persecuting those who peacefully seek accountability,” reads the CHRD statement. “Everyone who cares about justice should call on Beijing to immediately and unconditionally release these and all other prisoners of conscience in China.”

The appeal includes a list of 27 people who, for various reasons, are still in prison in relation to the Tiananmen Square movement. “[F]ar from being complete, [. . .] it is a window to the severity, scale, and persistence of reprisals by the Chinese government over the past 35 years,” the statement reads. In particular, 14 names belong to people who participated directly in the events of 35 years ago and are currently in prison after they were rearrested for promoting democracy in China.

Zhou Guoqiang (周国强) was imprisoned for organising a strike in support of student protests in Beijing in 1989, and served four years in a re-education camp. He was arrested again for online comments in October 2023. His current whereabouts and charges remain unknown.

Guangdong activist Guo Feixiong (郭飞雄), who took part in the 1989 movement as a student in Shanghai, has been serving a six-year sentence since 2015 for his human rights activism.

Another university student from that time, Chen Shuqing (陈树庆) from Hangzhou, has been serving a 10-and-a-half-year sentence since 2016 for pro-democracy activism.

Lü Gengsong (吕耿松), a teacher fired in 1993 for supporting the pro-democracy movement, has been serving an 11-year sentence since 2016 for his pro-democracy work.

Beijing-based lawyer Xia Lin (夏霖) has been serving an 11-year sentence since 2016 for his professional work as a lawyer; he participated in the 1989 movement as a student at the Southwest Institute of Political Science and Law in Chongqing.

Xinjiang activist Zhao Haitong (赵海通) has been serving a 14-year sentence since 2014 for his activities as a human rights defender. He, too, had been imprisoned in the aftermath of the 1989 massacre.

Xu Na (许那), artist, poet, and a Falun Gong follower, took part in the hunger strike in Tiananmen Square. She was arrested in 2020 and sentenced to eight years in prison for “using an evil cult to disrupt law enforcement.”

Sichuan activist Chen Yunfei (陈云飞) served a four-year sentence from 2015 to 2019, in part for organising a commemoration for the victims of 4 June. He had participated in the 1989 movement as a student at the China Agricultural University in Beijing.

Another member of the student movements at the time, Xu Guang (徐光), was arrested in 2022 and is serving a four-year sentence on charges of “picking quarrels and provoking trouble” in Hangzhou, Zhejiang province.

Huang Xiaomin (黄晓敏), who was arrested in Sichuan province in 2021, suffered th same fate, and was sentenced to four years, while Cao Peizhi (曹培植) was arrested in 2022 and sentenced to 2.2 years in Henan province.

Zhang Zhongshun (张忠顺), another student who participated in the 1989 protests, was reported to police in 2007 for talking to his students about the events of 4 June. He was jailed for three years and is now in jail for continuing to support activism and faces charges of subversion in Shandong province.

Wang Yifei (王一飞) disappeared into police custody after he was detained in 2021. Before his arrest in 2018, he had been demanding justice for the victims of 1989 for several years.

Shi Tingfu (史庭福), already convicted of organiing a public vigil in Nanjing in 2017 and giving a speech in memory of the victims of Tiananmen, was rearrested in January 2024 and is awaiting trial on several charges, including “spreading false information, and inciting terrorism and extremism in the Xinjiang Uyghur Autonomous Region.”

The other 13 names belong to people who were not directly involved in the events of 1989 in Beijing, but fought in mainland China and Hong Kong to keep alive the memory of what happened.

This second list includes Tong Hao (仝浩), a young doctor born in 1987, who was jailed for 1.5 years for publishing a post on 4 June 2020. He was arrested in August 2023 and has been in police custody in Jiangsu province ever since.

Some of the jailed are dissidents in Hong Kong, like Lee Cheuk-yan, Albert Ho, and Chow Hang-tung; the latter, a lawyer, was recently issued a new arrest warrant in prison together with seven other people (including her mother) for commemorating the Tainanmen massacre online.

As Chinese Human Rights Defenders note, three witnesses to events in Tianamen Square have died in prison in the past 35 years. The most prominent is Nobel Peace Prize laureate Liu Xiaobo (刘晓波), who died in July 2017 from liver cancer in police custody while serving an 11-year sentence since 2009 for his role as a leader in the Charter 08 campaign. A university lecturer in 1989, he was jailed for 18 months for taking part in the 1989 movement.

Jiangsu writer Yang Tongyan (杨同彦) died a few months after Liu, in November 2017, from a brain tumor. He was serving a 12-year sentence imposed in 2006 for his political activism. He had already spent 10 years in prison for taking part in the 1989 movement.

Last but not least, we must remember labour activist Li Wangyang (李旺阳), who died under suspicious circumstances on 6 June 2012 while in a hospital guarded by police in Shaoyang, Hunan province. Li, leader of the 1989 pro-democracy movement, was sentenced to a total of 23 years in prison. Chinese authorities claimed he committed suicide by hanging himself in his hospital room, a claim his family has disputed since Li was blind and deaf from torture and would not have been physically able to hang himself. Against the wishes of Li’s family, Hunan authorities conducted their own autopsy and then cremated the body.

https://www.asianews.it/news-en/Still-in-prison-35-years-after-Tiananmen-Square-60873.html

https://www.usnews.com/opinion/articles/2024-06-04/china-is-erasing-the-memory-of-the-tiananmen-massacre-we-cant-let-them

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Václav Havel International Prize for Creative Dissent 2024 goes to: Iranian hip-hop artist, Uyghur poet and Venezuelan pianist

May 25, 2024

Iranian hip-hop artist Toomaj Salehi, Uyghur poet and activist Tahir Hamut Izgil, and Venezuelan pianist and recording artist Gabriela Montero.

On 22 May 2024) The Human Rights Foundation announced the recipients of the 2024 Václav Havel International Prize for Creative Dissent: Iranian hip-hop artist Toomaj Salehi, Uyghur poet and activist Tahir Hamut Izgil, and Venezuelan pianist and recording artist Gabriela Montero.

“Their work stands as a testament to extraordinary bravery and ingenuity,” HRF Founder Thor Halvorssen said. This year’s laureates will be recognized during a ceremony on Tuesday, June 4, at the 2024 Oslo Freedom Forum (OFF) in Oslo, Norway. Montero will be performing the European and Scandinavian premiere of “Canaima: A Quintet for Piano and Strings” at the Oslo Konserthus.
The Havel Prize ceremony will also be broadcast live at oslofreedomforum.com.

Toomaj Salehi is an Iranian hip-hop artist known for lyrics protesting the Iranian regime and calling for human rights. In September 2022, at the height of the nationwide “Women, Life, Freedom” protests, Salehi released several songs supporting women’s rights. One song, “Divination,” with the lyrics, “Someone’s crime was that her hair was flowing in the wind. Someone’s crime is that he or she was brave and…outspoken,” grew in popularity and was sung throughout the protests. Salehi was first arrested in October 2022 and was released on bail in November 2023 after the Iranian Supreme Court overturned his charges of “corruption on Earth,” “propaganda against the system,” “collaboration with a hostile government,” “inciting people to murder and riot,” and “insulting the leadership.” On November 27, 2023, he posted a YouTube video describing the torture and forced confession he experienced during his detention. Three days later, armed plain-clothes agents abducted Salehi. He was subsequently charged in two trials. On April 24, the Isfahan Revolutionary Court sentenced him to death.

Tahir Hamut Izgil is a prominent Uyghur poet, filmmaker, and activist. He is known for his avant-garde poetry, written in Uyghur and influenced by Uyghur life. Originally from Kashgar, Izgil led the 1989 student movement at the Central Nationalities Institute in Beijing. In the late 1990s, he was arrested on charges related to the possession of sensitive literature, leading to a three-year sentence in forced labor camps. He is among the few Uyghur intellectuals who successfully escaped the region in 2017.Izgil’s new memoir, “Waiting to Be Arrested at Night: A Uyghur Poet’s Memoir of China’s Genocide,” documents his journey living in and escaping the Uyghur Region, sharing a rare testimony of the Uyghur genocide with the broader world. His book has been listed as one of the “50 notable works of nonfiction” by The Washington Post and as one of the “10 0 Must-Read Books of 2023” by Time Magazine

Gabriela Montero is a Grammy Award-winning Venezuelan pianist and recording artist. Celebrated for her exceptional musicality and ability to improvise, Montero has garnered critical acclaim and a devoted following on the world stage. Montero’s recent highlights include her first orchestral composition, “Ex Patria,” a tone poem that grew from the human rights struggle in Montero’s native Venezuela. The piece powerfully illustrates and protests Venezuela’s descent into lawlessness, corruption, and violence, winning her first Latin Grammy® for Best Classical Album.Montero is a committed human rights advocate, using her gifts of composition and improvisation as tools of creative dissent. In 2015, she was named an Honorary Consul by Amnesty International. Montero was awarded the 2012 Rockefeller Award for her contribution to the arts and was a featured performer at Barack Obama’s 2008 Presidential Inauguration. [see also: https://humanrightsdefenders.blog/2018/10/15/venezuelan-pianist-gabriela-montero-wins-the-2018-beethoven-prize/]

For more on this Havel Prize and its laureates, see: https://www.trueheroesfilms.org/thedigest/awards/438F3F5D-2CC8-914C-E104-CE20A25F0726

https://mailchi.mp/hrf.org/announcing-the-2024-havel-prize-laureates?e=f80cec329e

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Civil society view of the 55th session of the UN Human Rights Council

April 12, 2024

At the 55th Human Rights Council session, 22 civil society organisations share reflections on key outcomes and highlight gaps in addressing crucial issues and situations [see: https://humanrightsdefenders.blog/2024/02/26/human-rights-defenders-issues-at-the-55th-session-of-the-human-rights-council/]:

The failure of States to pay their membership dues to the United Nations in full and in time, and the practice of conditioning funding on unilateral political goals is causing a financial liquidity crisis for the organisation, the impacts of which are felt by victims and survivors of human rights violations and abuses. … Without the resources needed, the outcomes of this session can’t be implemented. The credibility of HRC is at stake. 

We welcome the adoption of three resolutions calling for the implementation of effective accountability measures to ensure justice for atrocity crimes committed in the context of Israel‘s decades long colonial apartheid imposed over the Palestinian people, and for the realisation of the Palestinian people’s right to self-determination. Special Procedures expressed their profound concern about “the support of certain governments for Israel’s strategy of warfare against the besieged population of Gaza, and the failure of the international system to mobilise to prevent genocide” and called on States to implement an “arms embargo on Israel, heightened by the International Court of Justice’s ruling […] that there is a plausible risk of genocide in Gaza […].”   This session, the Special Rapporteur on the OPT concluded that the actions of Israel in Gaza meet the legal qualifications of genocide. 

We deplore the double standards in applying international law and the failure of certain States to vote in favor of ending impunity. This undermines the integrity of the UN human rights framework, the legitimacy of this institution, and the credibility of those States. From Palestine, to Ukraine, to Myanmar, to Sudan, to Sri Lanka, resolving grave human rights violations requires States to address root causes, applying human rights norms in a principled and consistent way. The Council has a prevention mandate and UN Member States have a legal and moral duty to prevent and ensure accountability and non-recurrence for atrocity crimes, wherever they occur.

We want to highlight and specifically welcome the adoption of the first ever resolution on combating discrimination, violence and harmful practices intersex persons. The resolution builds on growing support in the Council on this topic and responds to several calls by the global coalition of intersex-led organisations. The resolution takes important steps in recognising that discrimination, violence and harmful practices based on innate variations of sex characteristics, such as medically unnecessary interventions, takes place in all regions of the world. We welcome that the resolution calls for States to take measures to protect the human rights of this population and calls for an OHCHR report and a panel discussion to address challenges and discuss good practices in protecting the human rights of intersex persons.

We welcome the renewal of the mandate of the Independent Expert on the enjoyment of human rights by persons with albinism. As attested by human rights defenders with albinism, the mandate played an invaluable role by shedding light on human rights violations against persons with albinism through ground breaking research, country visits, and human rights training, and ensuring that defenders with albinism are consulted and take part in the decision-making. The organisations also welcomed the inclusion of language reflecting the important role played by “organizations of persons with albinism and their families”, and the reference to the role of States in collaboration with the World Health Organization, “to take effective measures to address the health-related effects of climate change on persons with albinism with a view to realizing their right to the enjoyment of the highest attainable standard of physical and mental health, particularly regarding the alarming incidence of skin cancer in this population, and to implement the recommendations of the report of the Independent Expert in this regard”.

We welcome the adoption of the resolution on the renewal of the mandate of the Special Rapporteur on the human right to a clean, healthy and sustainable environment. We also welcome the update of the title of the mandate acknowledging the recognition of this right by the Human Rights Council in its resolution 48/13 on 8 October 2021 and the General Assembly resolution 76/300 on 28 July 2022. We also welcome the inclusion of gender-specific language in the text, and we call on the Special Rapporteur to devote a careful attention to the protection of environmental human rights defenders for their strong contribution to the realisation of the right to a clean, healthy, and sustainable environment, as called for by several States. We also welcome that the Council appointed for the first time a woman from the global south to fulfill this mandate, and we welcome the nomination of another woman as Special Rapporteur on the promotion and protection of human rights in the context of climate change. 

We welcome the resolution on countering disinformation, which addresses new issues whilst once again rejecting censorship and reaffirming the ‘essential role’ that the right to freedom of expression plays in countering disinformation. We welcome the specific focus on girls – besides women – as well as risks associated with artificial intelligence, gender-based violence, and electoral processes. We urge States to follow the approach of the resolution and to combat disinformation through holistic, positive measures, including by ensuring a diverse, free and independent media environment, protecting journalists and media workers, and implementing comprehensive right to information laws. Importantly, we also urge States to ensure that they do not conduct their own disinformation campaigns. At the same time, social media companies have an essential role to play and should take heed of the resolution by reforming their business models which allow disinformation to flourish on their platforms. The resolution also mandates the Advisory Committee to produce a new report on disinformation, and it is absolutely essential that this report mirrors and reinforces existing standards on this topic, especially the various reports of the Special Rapporteur on freedom of opinion and expression.

Whilst we welcome the technical renewal of the resolution on freedom of religion or belief, we regret that the parallel resolution on combating intolerance (widely known by its original name Resolution 16/18) was not tabled at the session. Since 2011, these duel resolutions have been renewed each year, representing a consensual and universal framework to address the root causes of hate based on religion or belief in law, policy, and practice. We call on the OIC to once again renew Resolution 16/18 in a future session, while ensuring no substantive changes are made to this consensual framework. We also urge all States to reaffirm their commitment to Resolution 16/18 and the Rabat Plan of Action and adopt comprehensive and evidence-based national implementation plans, with the full and effective participation of diverse stakeholders.

We welcome the adoption of the resolution on prevention of genocide and its focus on impunity, risks and early warnings, as well as the paragraph reaffirming that starvation of civilians as a method to combat is prohibited under international humanitarian law; however, we regret that the resolution fails to adequately reflect and address serious concerns relating to current political contexts and related risks of genocide. 

We welcome the adoption of the resolution on the rights of the child: realising the rights of the child and inclusive social protection, strengthening the implementation of child rights-compliant inclusive social protection systems that benefit all children. We also welcome the addition of a new section on child rights mainstreaming, enhancing the capacity of OHCHR to advance child rights mainstreaming, particularly in areas such as meaningful and ethical child participation and child safeguarding.  We remain concerned by persisted attempts to weaken the text, especially to shift the focus away from children as individual right-holders, to curtail child participation and remove the inclusion of a gender perspective.

We welcome the adoption of the resolution on torture and other cruel, inhuman or degrading treatment or punishment which addresses effective national legislative, administrative, judicial or other measures to prevent acts of torture. We welcome the new paragraph urging States concerned to comply with binding orders of the International Court of Justice related to their obligations under the Convention Against Torture.

We welcome the adoption of a new resolution on the human rights situation in Belarus. The Belarusian authorities continue their widespread and systematic politically-motivated repression, targeting not only dissent inside the country, but also Belarusians outside the country who were forced to flee for fear of persecution. Today, almost 1,500 prisoners jailed following politically-motivated charges in Belarus face discriminatory treatment, severe restriction of their rights, and ill-treatment including torture. The resolution rightly creates a new standalone independent investigative mechanism, that will inherit the work of the OHCHR Examination, to collect and preserve evidence of potential international crimes beyond the 2020 elections period, with a view to advancing accountability. It also ensures the renewal of the mandate of the Special Rapporteur who remains an essential ‘lifeline’ to Belarusian civil society.

We welcome the resolution on technical assistance and capacity building in regard to the human rights situation in Haiti and emphasis on the role civil society plays in the promotion and protection of human rights and the importance of creating and maintaining an enabling environment in which civil society can operate independently and free from insecurity. We similarly welcome the call on the Haitian authorities to step up their efforts to support national human rights institutions and to pursue an inclusive dialogue between all Haitian actors concerned in order to find a lasting solution to the multidimensional crisis, which severely impacts civil society. We welcome the renewal of the mandate of the designated expert and reference to women and children in regard to the monitoring of human rights situation and abuses developments, as well as encouragement of progress on the question of the establishment of an office of the Office of the High Commissioner in Haiti. We nonetheless regret that the resolution does not address the multifaceted challenges civil society faces amidst escalating violence, fails to further address the link between the circulation of firearms and the human rights violations and abuses, and does not identify concrete avenues for the protection of civilians and solidarity action to ensure the safety, dignity and rights of civilians are upheld.

We welcome the adoption of the resolution on Iran, renewing the mandate of the Special Rapporteur on human rights in Iran and extending for another year the mandate of the Independent International Fact-Finding Mission on Iran. The continuation of these two distinct and complementary mandates is essential for the Council to fulfill its mandate of promotion and protection of human rights in Iran. However, given the severity of the human rights crisis in the country, we regret that this important resolution remains purely procedural and fails to reflect the dire situation of human rights in Iran, including the sharp spike in executions, often following grossly unfair trials. It also fails to address the increased levels of police and judicial harassment against women and girls appearing in public without compulsory headscarves, human rights defenders, lawyers, journalists and families of victims seeking truth and justice, and the continued pervasive discrimination and violence faced by women and girls, LGBTI+ persons and persons belonging to ethnic and religious minorities in the country.  

We welcome the adoption by consensus of the resolution on Myanmar, which is a clear indication of the global concern for the deepening human rights and humanitarian crisis in the country as a result of the military’s over three-year long brutal war against the people resisting its attempted coup. We further welcome the Council’s unreserved support for Myanmar peoples’ aspirations for human rights, democracy, and justice as well as the recognition of serious human rights implications of the continuing sale of arms and jet fuel to Myanmar.

We welcome the resolution on the situation of human rights in Ukraine stemming from the Russian aggression. The latest report of the Independent International Commission of Inquiry (COI) reveals disturbing evidence of war crimes, including civilian targeting, torture, sexual violence, and the unlawful transfer of children. These findings underscore the conflict’s brutality, particularly highlighted by the siege of Mariupol, where indiscriminate attacks led to massive civilian casualties and infrastructure destruction. The report also details the widespread and systematic torture and sexual violence against both civilians and prisoners of war. Moreover, the illegal deportation of children emerges as a significant issue, as part of a broader strategy of terror and cultural erasure. The COI’s mandate extension is crucial for ongoing investigations and ensuring justice for victims. 

By adopting a resolution entitled ‘advancing human rights in South Sudan,’ the Council ensured that international scrutiny of South Sudan’s human rights situation will cover the country’s first-ever national elections, which are set to take place in De­cember 2024. With this resolution, the UN’s top human rights body extended the mandate of its Com­mis­sion on Human Rights in South Sudan.

We welcome the resolution on the human rights situation in Syria and the extension of the mandate of the Independent International Commission of Inquiry (COI), which will continue to report on violations from all sides of the conflict in an impartial and victim-centered manner. Syria continues to commit systematic and widespread attacks against civilians, in detention centers through torture, arbitrary detention and enforced disappearance and through indiscriminate attacks against the population in Idlib. We welcome that the resolution supports the mandate of the Independent Institution of the Missing People and calls for compliance with the recent order on Provisional Measures by the ICJ – both initiatives can play a significant role in fulfilling victims’ rights to truth and justice and should receive support by all UN Member States. In a context of ongoing normalisation, the CoI’s mandate to investigate and report on human rights abuses occurring in Syria is of paramount importance.

We continue to deplore this Council’s exceptionalism towards serious human rights violations committed by the Chinese government. At a time when double-standards are enabling ongoing atrocity crimes to be committed in Palestine, sustained failure by Council Members, in particular OIC countries, to promote accountability for crimes against humanity against Uyghurs and Muslim peoples in China severely undermines the Council’s integrity, and its ability to prevent and put an end to atrocity crimes globally. Findings by the OHCHR, the UN Treaty Bodies, the ILO and over 100 letters by UN Special Procedures since 2018 have provided overwhelming evidence pointing to systematic and widespread human rights violations across the People’s Republic of China. We reiterate our pressing call for all Council Members to support the adoption of a resolution establishing a UN mandate to monitor and report on the human rights situation in China, as repeatedly urged by UN Special Procedures. We further echo Special Procedures’ call for prompt and impartial investigations into the unlawful death of Cao Shunli, and all cases of reprisals for cooperation with the UN.

We regret the Council’s silence on the situation in India despite the clear and compounding early warning signs of further deterioration that necessitate preventive action by the Council based on the objective criteria. The latest of these early warning signals include the recent notification of rules to implement the highly discriminatory Citizenship Amendment Act by the Bharatiya Janata Party-led government just weeks before the election, along with recent intercommunal violence in Manipur and ongoing violence against Muslims in various parts of India amid increasing restrictions on civic space, criminalisation of dissent and erosion of the rule of law with political interference.

We further regret that this Council is increasingly failing to protect victims of human rights violations throughout the Middle East and North Africa, including in Algeria, Bahrain, Egypt, Libya, Saudi Arabia, and Yemen. The people of Yemen and Libya continue to endure massive ‘man-made’ humanitarian catastrophes caused in large part by ongoing impunity for war crimes, crimes against humanity and other grave violations of international law. In Algeria, Egypt, Bahrain, Saudi Arabia and in other MENA countries, citizens are routinely subjected to brutal, wide-spread human rights violations intended to silence dissent, eradicate independent civil society and quash democratic social movements. Countless citizens from the MENA region continue to hope and strive for a more dignified life – often at the cost of their own lives and freedom. We call on this Council and UN member States to rise above narrow political agendas and begin to take steps to address the increasing selectivity that frequently characterises this Council’s approach to human rights protection and promotion. 

We regret that once more, civil society representatives faced numerous obstacles to accessing the Palais and engaging in discussions, both in person and remotely, during this session. The UN human rights system in Geneva has always and continues to rely on the smooth and unhindered access of civil society to carry out its mandate. We remind UN Member States, as well as UNOG, that the Council’s mandate, as set out in HRC Res 5/1, requires that arrangements be made, and practices observed to ensure ‘the most effective contribution’ of NGOs. Undermining civil society access and engagement not only undermines the capacities and effectiveness of civil society but also of the UN itself.

Signatories:

  1. All Human Rights for All in Iran
  2. Asian Forum for Human Rights and Development (FORUM-ASIA)
  3. Association Arc pour la defense des droits de l’homme et des revendication democratique/culturelles du peuple Azerbaidjanais Iran -”ArcDH”
  4. Balochistan Human Rights Group
  5. Cairo Institute for Human Rights Studies
  6. Child Rights Connect (CRCnt)
  7. CIVICUS
  8. Commonwealth Human Rights Initiative (CHRI)
  9. Egyptian initiative for Personal Rights (EIPR)
  10. Ensemble contre la Peine de Mort
  11. Franciscans International
  12. Gulf Center for Human Rights
  13. Impact Iran
  14. International Bar Association’s Human Rights Institute (IBAHRI)
  15. International Federation for Human Rights (FIDH)
  16. International Lesbian and Gay Association (ILGA)
  17. International Service for Human Rights (ISHR)
  18. Kurdistan Human Rights Network
  19. Kurdpa Human Rights Organization
  20. PEN America
  21. The Syrian Legal Development Programme (SLDP)
  22. United 4 Iran

see also: https://www.eeas.europa.eu/delegations/un-geneva/eu-human-rights-council_en

https://www.fidh.org/en/international-advocacy/united-nations/human-rights-council/55th-human-rights-council-session-israel-palestine-belarus-iran

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China tries but fails to disrupt a tribute at UN to Cao Shunli

March 23, 2024

Despite protests from China and its allies, human rights organisations paid a public tribute to the late activist Cao Shunli during a debate at the UN Human Rights Council, ten years after her death. A victim of ‘deadly reprisals’ against her activism, Cao died in March 2014 after months of arbitrary detention in China. [see also: https://humanrightsdefenders.blog/2024/03/15/joint-statement-on-the-10-year-anniversary-of-deadly-reprisals-against-chinese-activist-cao-shunli/]

NGOs and activists paid tribute to the late Chinese human rights defender Cao Shunli by holding a moment of silence and applauding her name during their speaking time at the Human Rights Council.

Delivering a joint statement before the Council plenary on behalf of ISHR and 16 organisations accredited to the UN as well as 20 NGOs without consultative status, a human rights defender from the Chinese mainland concluded her intervention with a short silence and a call to States and NGOs to mirror the courage of human rights defenders and always stand in solidarity with them.

After the intervention, in a sign of respect to Cao Shunli, the room was filled with applause from NGOs and a handful of governments in honour of Cao and in solidarity with victims of reprisals for cooperation with the UN.

‘It is unacceptable to normalise reprisals,’ the human rights defender from the Chinese mainland said. ‘Cao’s courage inspires defenders globally, so let her legacy and name resonate in this room until there is accountability for all victims of reprisals,’ she emphasised.

In an attempt to silence the activist, the Chinese delegation raised a point of order protesting against the statement. This mirrored their 2014 response to ISHR and other NGO’s attempt to hold a moment of silence at the Council after Cao’s death, during which Chinese diplomats disrupted the session for over an hour. This time, Cuba, Venezuela, the Democratic People’s Republic of Korea and Russia supported China in their attempt to silence activists’ right to speak at the United Nations. 

In response to China’s attacks, Belgium on behalf of the 27 states of the European Union, supported by the United States of America, Canada and the United Kingdom, took the floor to defend NGOs’ right to speak freely.  

‘We cannot allow Cao’s story and her work to be forgotten,’ said Raphaël Viana David, China Programme Manager for ISHR. ‘Ten years on, no one has been held to account for this emblematic case of tragic State reprisals. UN experts called for an inquiry in 2014, 2019 and once again last week. Governments cannot let Beijing off the hook: they must push for accountability for Cao’s fate and for that of all activists who have been persecuted for cooperating with the UN in standing up for human rights.’

ISHR and its civil society partners urge the international community to hold the individuals and institutions responsible for Cao’s death to account and to end all acts of reprisals and repressive measures seeking to restrict civil society space and prevent activists from engaging with the UN.

https://ishr.ch/latest-updates/china-fails-in-disrupting-tribute-at-un-to-cao-shunli-ten-years-after-her-death-in-custody

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Geneva Human Rights Film Festival: winners announced

March 19, 2024

On 14 March 2024, the FIFDH published the film awards for its 2024 Festival. They include:

Gilda Vieira de Mello Prize

provides a moving account of the daily life of Mohamed Jabaly, who is stranded in Norway after the closure of Gaza’s borders. A call for freedom of movement, but above all freedom to pursue your dreams. “Gaza as depicted in Life is Beautiful no longer exists. Its streets, squares and the faces that populate filmmaker Mohamed Jabaly’s memories have been eradicated in the ongoing genocide in Palestine. What we are left with are the images that tell of the past, already under Israeli occupation. The violence of the borders, but also the solidarity and determination of an individual to lead a dignified existence. Cinema becomes the compass of an odyssey that takes us all to Gaza.”

Prize of the World Organisation Against Torture (OMCT)

Total Trust follows the daily lives of activists who are watched and oppressed by the Chinese government through the use of technology, artificial intelligence and human rights. “Unveiling what appears to be a real-life Orwellian 1984 scenario, the documentary vividly portrays the persecution of Chinese human rights defenders and exposes the use of cutting-edge state surveillance technology tools to tightly control the lives of millions of people. This disconcerting image of rising authoritarianism prompts an important question: “Is a future controlled by technology, where we are no longer free to exercise our rights, a real risk for us all?” The prohibition of torture is what allows individuals to shape their personality and views, and establish their dignity, which is the very essence of being human.” [https://www.omct.org/en/resources/blog/one-moment-of-darkness-wont-blind-you-forever-award-winning-filmmaker-jialing-zhang-on-state-surveillance-technology-and-persecution-of-human-rights-defenders-in-china]

In March 2024, also noteworthy is that at the Thessaloniki International Documentary Festival the top prize in the International Amnesty Award competition went to Maciek Hamela’s Oscar-shortlisted In the Rearview. Hamela shot his film almost entirely within the confines of a van evacuating Ukrainian civilians fleeing the Russian invasion of their country. [https://deadline.com/2024/03/thessaloniki-internationa-documentary-festival-2024-awards-my-stolen-planet-stray-bodies-1235860706/]

For the full table of FIFDH winners, see:

https://www.euronews.com/culture/2024/03/18/human-rights-film-festival-winners-hone-in-on-russia-and-gaza

Awards 2024

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Transnational repression: Human Rights Watch and other reports

March 19, 2024
Illustration of a map being used to bind someone's mouth

On 22 February 2024, Human Rights Watch came with a study on governments reaching outside their borders to silence or deter dissent by committing human rights abuses against their own nationals or former nationals. Governments have targeted human rights defenders, journalists, civil society activists, and political opponents, among others, deemed to be a security threat. Many are asylum seekers or recognized refugees in their place of exile. These governmental actions beyond borders leave individuals unable to find genuine safety for themselves and their families. This is transnational repression.

See earlier posts:

Warning: Human rights defenders in Ukraine and in exile will be danger
Resisting in Exile: Voice of Human Rights Defenders – side event tomorrow, 5 March 2024
HRDs from Hong Kong fear arrest warrants and bounty
China goes after dissidents abroad

Transnational repression looks different depending on the context. Recent cases include a Rwandan refugee who was killed in Uganda following threats from the Rwandan government; a Cambodian refugee in Thailand only to be extradited to Cambodia and summarily detained; and a Belarusian activist who was abducted while aboard a commercial airline flight. Transnational repression may mean that a person’s family members who remain at home become targets of collective punishment, such as the Tajik activist whose family in Tajikistan, including his 10-year-old daughter, was detained, interrogated, and threatened.

Transnational repression is not new, but it is a phenomenon that has often been downplayed or ignored and warrants a call to action from a global, rights-centered perspective. Human Rights Watch’s general reporting includes over 100 cases of transnational repression. This report includes more than 75 of these cases from the past 15 years, committed by over two dozen governments across four regions. While the term “transnational repression” has at times become shorthand for naming authoritarian governments as perpetrators of rights violations, democratic administrations have assisted in cases of transnational repression.

Methods of transnational repression include killings, unlawful removals (expulsions, extraditions, and deportations), abductions and enforced disappearances, targeting of relatives, abuse of consular services, and so-called digital transnational repression, which includes the use of technology to surveil or harass people. These tactics often facilitate further human rights violations, such as torture and ill-treatment.

This report also highlights cases of governments misusing the International Criminal Police Organization (Interpol)—an intergovernmental organization with 195 member countries—to target critics abroad.

Victims of transnational repression have included government critics, actual or perceived dissidents, human rights defenders, civil society activists, journalists, and opposition party members and others. Governments have targeted individuals because of their identity, such as ethnicity, religion, or gender. Back home, families and friends of targeted people may also become victims, as governments detain, harass, or harm them as retribution or collective punishment. Transnational repression can have far-reaching consequences, including a chilling effect on the rights to freedom of expression, association, and assembly among those who have been targeted or fear they could be next.

This report is not an exhaustive examination of cases of transnational repression. Instead, it outlines cases that Human Rights Watch has documented in the course of researching global human rights issues that point to key methods and trends of transnational repression.

Human Rights Watch hopes that by drawing attention to cases of transnational repression, international organizations and concerned governments will pursue actions to provide greater safety and security for those at risk. Governments responsible for transnational repression should be on notice that their efforts to silence critics, threaten human rights defenders, and target people based on their identity are no less problematic abroad than they are at home. This report provides governments seeking to tackle transnational repression with concrete recommendations, while raising caution against laws and policies that could restrict other human rights.

Human Rights Watch calls on governments committing transnational repression to respect international human rights standards both within and beyond their territory. Governments combatting transnational repression should recognize such abuses as a threat to human rights generally and act to protect those at risk within their jurisdiction or control.

See also: 22 March 2024: https://ishr.ch/latest-updates/addressing-transnational-repression-a-global-mandate-for-justice-and-human-rights/

https://www.hrw.org/report/2024/02/22/we-will-find-you/global-look-how-governments-repress-nationals-abroad

https://www.commondreams.org/news/human-rights-watch-dissidents

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Joint statement on the 10-year anniversary of ‘deadly reprisals’ against Chinese activist Cao Shunli 

March 15, 2024

On 14 March 2024, a large number of leading NGOs paid tribute to Cao Shunli, and all human rights defenders targeted by the Chinese government for their commitment to uphold the promise of the Universal Declaration of Human Rights.  [see also: https://humanrightsdefenders.blog/tag/cao-shunli/]:

Cao Shunli was a brave Chinese woman human rights defender and lawyer. Working with fellow activists, Cao documented abuses, including the now-abolished ‘Re-education through Labour’ extrajudicial detention system, which she was also subjected to as a result of her human rights work. She campaigned for independent civil society to be meaningfully consulted and to be able to contribute to the Chinese government’s national reports to its first and second Universal Periodic Reviews (UPR). In an attempt to speak with government officials about the UPR, Cao courageously organised peaceful sit-ins with other concerned citizens outside the Ministry of Foreign Affairs despite great risks. She also submitted information on extralegal detention and torture in China to the UN and expressed the hope that ‘if we could get even 100 words’ into a UN report, ‘many of our problems could start to get addressed.’

On 14 September 2013, Chinese authorities detained Cao at the Beijing Capital International Airport as she was traveling to Geneva to participate in a human rights training, one month before China’s second UPR. Cao was forcibly disappeared for five weeks, until she resurfaced in criminal detention and was charged with ‘picking quarrels and provoking trouble’. By October 2013, it was clear that Cao Shunli was experiencing serious medical issues while in detention. After months of denial of adequate medical treatment, rejected appeals by her lawyers for bail on humanitarian grounds, and despite multiple calls from the international community for her urgent release, Cao died of multiple organ failure on 14 March 2014 in a hospital under heavy police guard to keep out her lawyers and friends.

Cao was one of the 2014 finalists of the prestigious Martin Ennals Award for Human Rights Defenders.

To this day, there has been no accountability for Cao Shunli’s death. The Chinese government refuses to admit wrongdoing, despite repeated calls in 2014 and 2019 by UN Special Procedures experts for a full investigation into this ‘deadly reprisal’. 

Her case is one of the longest-standing unresolved cases in the UN Secretary-General’s annual reports on reprisals against civil society actors for engaging with the United Nations. China is one of the most consistent perpetrators of reprisals over time, and one of the most egregious perpetrators in terms of the sheer number of individuals targeted. 

Cao is not alone: her courage, but also the abuses she endured, are unfortunately those of other human rights defenders who paid a high cost for cooperating with the UN. Her close colleague, Chen Jianfang was forcibly disappeared under Residential Surveillance at a Designated Location (RSDL) from 19-20 March 2019 after paying tribute to Cao Shunli on the 5th anniversary of her death. Chen was sentenced to four years and six months in jail for ‘inciting subversion of State power’ and left prison on 21 October 2023, after which authorities subjected her to strict surveillance. UN experts have raised with the Chinese government acts of reprisals against Chen Jianfang, but also Jiang Tianyong, Li Qiaochu, Dolkun Isa, Li Wenzu and Wang Qiaoling, among others. The recent instances of intimidation and harassment against NGO participants in China’s 4th UPR in January 2024 further highlight the gravity of the situation.

Li Qiaochu, Xu Zhiyong, Ding Jiaxi, Yu Wensheng, Xu Yan, Huang Xueqin, Li Yuhan, Chang Weiping: many other Chinese human rights defenders are today detained, disappeared, and at grave risk, for upholding the promise of the Universal Declaration of Human Rights.

These documented acts do not account for the even greater self-censorship and refusal to engage with the United Nation as a result of a generalised climate of fear. 

Ten years ago, when ISHR and many other human rights groups sought to observe a moment of silence at the Human Rights Council in her memory, the Chinese delegation, together with other delegations, disrupted the session for an hour and half.

Cao Shunli is a paradigmatic case of reprisals, not only because of her prominence, but also due to the array of severe human rights violations against her, committed in total impunity. These range from Chinese authorities blocking her exit from her own country, enforced disappearance, arbitrary detention, lack of due process, torture or ill-treatment and denial of adequate medical care, to subsequent death in custody, and the lack of accountability for these abuses. The lack of any progress in achieving accountability underscores the urgent need for continued international attention and pressure on the Chinese government to ensure justice for Cao and all human rights defenders who face persecution for their work.

Cao Shunli said before her death: ‘Our impact may be large, may be small, and may be nothing. But we must try. It is our duty to the dispossessed and it is the right of civil society.’

Today, we pay tribute to Cao Shunli’s legacy, one that has inspired countless human rights defenders in China and abroad. We urge UN Member States to call for a full, independent, impartial investigation into her death. We reaffirm that no perpetrator of reprisals, no matter how powerful, is above scrutiny, and that reprisals are fundamentally incompatible with the values of the United Nations and of the Universal Declaration of Human Rights. 

see also: https://ishr.ch/latest-updates/in-major-win-geneva-to-host-permanent-cao-shunli-monument

Signatories: 

  1. Art for Human Rights
  2. ARTICLE 19
  3. Asian Forum for Human Rights and Development (FORUM-ASIA)
  4. Asian Lawyers Network (ALN)
  5. Campaign for Uyghurs
  6. CIVICUS: World Alliance for Citizen Participation
  7. CSW (Christian Solidarity Worldwide)
  8. Front Line Defenders
  9. HK Labour Rights Monitor
  10. Hong Kong Centre for Human Rights
  11. Hong Kong Democracy Council (HKDC)
  12. Hong Kong Watch
  13. Human Rights in China
  14. Humanitarian China
  15. Humanitarian China
  16. International Bar Association’s Human Rights Institute (IBAHRI)
  17. International Campaign for Tibet
  18. International Federation for Human Rights (FIDH), within the framework of the Observatory for the Protection of Human Rights Defenders
  19. International Service for Human Rights
  20. International Tibet Network
  21. Lawyers’ Rights Watch Canada
  22. Martin Ennals Foundation
  23. Network of Chinese Human Rights Defenders (CHRD)
  24. PEN International
  25. Safeguard Defenders
  26. The 29 Principles
  27. The Rights Practice
  28. Tibet Justice Center
  29. Uyghur Human Rights Project
  30. World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders
  31. World Uyghur Congress

On 14 March also a group of UN Special Rapporteurs issued a joint call: “We regret that no action appears to have been taken over the last five years, since the last call for an independent, impartial and comprehensive investigation into Ms. Shunli’s death,” [https://www.ohchr.org/en/press-releases/2024/03/china-un-experts-renew-calls-accountability-cao-shunlis-death]

https://www.frontlinedefenders.org/en/statement-report/joint-statement-10-year-anniversary-deadly-reprisals-against-chinese-activist-cao

https://ishr.ch/latest-updates/in-tribute-to-cao-shunli-rights-groups-call-on-geneva-to-install-permanent-monument-for-her

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Chinese filmmaker charged with ‘picking quarrels and provoking troubles’

February 26, 2024

Jurist of 25 February, 2024 reported that police in China have charged Chen Pin Lin, director of documentary “Not the Foreign Force,” with “picking quarrels and provoking trouble,” according to Chinese human rights news watchdogs Weiquanwang and Civil Rights and Livelihood Watch.

The Thursday charges come after Chen’s arrest in January 2024. He has been in detention for more than a month. In a letter to his family members, the authorities accused him of “picking quarrels and provoking troubles,” which is criminalized by Article 293 of the Criminal Act. Human Rights Watch previously criticized Article 293 for its elusive definition and use against human rights defenders.

The film “Not the Foreign Force,” also known as “Ürümqi Road” in Chinese, depicts the nationwide protests against COVID-19 lockdown measures in China. The demonstrations erupted in Shanghai after a fire killed 10 people in Ürümqi, where lockdown policies had slowed down fire services. During the rallies, colloquially known as the “White Paper Protests,” participants held a piece of blank paper over their heads to symbolize their speechlessness over the tragedy. The protests ultimately prompted the Chinese government to lift all COVID-19 restrictions in December 2022.

Chen published the video on China Digital Times under the pseudonym “Plato” on 27 November 2023, one year after the demonstrations started. In the caption, Chen criticized the Chinese government for shifting the blame to foreign forces. “The more the government tries to mislead, forget and conceal, the more we should speak out, remind and remember,” he wrote. “Remember the White Paper Protests.”

https://www.jurist.org/news/2024/02/china-activist-filmmaker-charged-with-picking-quarrels-and-provoking-troubles

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