Posts Tagged ‘Felice Gaer’

Felice Gaer, inspiring Human Rights Defender dies at 78

November 26, 2024

Felice Gaer Baran, an internationally renowned human rights expert who for more than four decades brought life and practical significance to the Universal Declaration of Human Rights and international commitments to prevent grave human rights abuses around the world, died on November 9, 2024 in New York City, following a lengthy battle with metastatic breast cancer. She was 78. At the time of her death, she was the director of the American Jewish Committee’s Jacob Blaustein Institute for the Advancement of Human Rights (JBI)Felice Gaer headshot

Longtime UN official and Acting High Commissioner for Human Rights from 2003-2004 Bertrand Ramcharan characterized Gaer as a “pillar of the human rights movement.

Throughout her career, in myriad roles, Gaer insisted that governments and the United Nations should consistently condemn the practices of tyrants and authoritarians and recognize that many forms of harm and inequality once considered ‘internal affairs’ of states as human rights abuses. Gaer’s influence established more protective interpretations of human rights norms from within and outside the United Nations human rights system. She effectively advocated for the creation and evolution of numerous international institutions and processes that play a critical role today in monitoring states’ human rights practices and holding violators to account.

Gaer achieved international recognition among human rights advocates as a force multiplier capable of overcoming the obstacles within government bureaucracies and multilateral institutions that often allow perpetrators of egregious abuses to avoid scrutiny and condemnation. Dr. Ahmed Shaheed, who served as the UN’s independent monitor on human rights in Iran and on the right to freedom of religion or belief, praised Gaer’s “exemplary track record” in 2021, stating that “You and JBI have made exemplary contributions to advancing human rights through the UN, especially in strengthening the effectiveness of the UN’s human rights mechanisms. Your own personal contribution, not just through the JBI, but in your own capacity as a member of the UN Committee against Torture and other roles, are not only legendary, but are a source of inspiration for everyone.” Elena Bonner, a one-time Soviet political prisoner, founder of the Moscow Helsinki Group, relentless advocate for democratic change in Russia, and wife of famed Soviet physicist, dissident, and Nobel Laureate Andrei Sakharov, with whom Gaer worked closely, recounted in 1997 that Gaer’s fierce approach to advocacy had helped a nascent international human rights movement find its voice. Said Bonner, “it was thanks to individuals like…Felice…who had the courage to be impertinent, that today it is more and more difficult for the rights-violating governments to challenge the universality of human rights and to ignore human rights concerns.”

Gaer began her career at the Ford Foundation as a program officer in 1974, focusing on the Soviet Union and Eastern Europe; subsequently, her areas also included arms control and human rights. At Ford, she became heavily involved in advocacy for the rights of Soviet Jewish refuseniks and encouraging broader internal changes that would catalyze greater respect for human rights for all in the Soviet Union. She maintained a passion for championing individual rights defenders while expanding her geographical focus. As the Executive Director of the International League for Human Rights from 1982 to 1991, Gaer championed human rights defenders throughout Latin America, particularly in Chile and Venezuela. She then served as Director of European Programs for the United Nations Association of the USA from 1992 to 1993, before becoming director at the Jacob Blaustein Institute in 1993–where she remained for the following three decades.

Gaer served for nine terms as an appointed “public member” of official U.S. government delegations to United Nations meetings between 1993 and 1999, including six U.S. delegations to meetings of the U.N. Commission on Human Rights. As a public member of the U.S. delegation to the 1993 World Conference on Human Rights in Vienna, Gaer’s advocacy was instrumental in the creation of the position of UN High Commissioner for Human Rights. Gaer also played a critical role in bringing about the conceptual and political victory that the U.S. government achieved for women’s rights at the 1995 World Conference on Women in Beijing – at which the UN explicitly recognized for the first time that women’s rights are human rights – working closely with US Ambassador to the UN Commission on Human Rights Geraldine Ferraro and First Lady Hillary Clinton.

In 1999, Gaer became the first American and first woman to serve on the 10-person United Nations Committee against Torture, an expert body that monitors implementation of the Convention against Torture. Over her 20 years on the United Nations Committee against Torture, Gaer insisted that the Committee and all other UN treaty bodies should affirmatively and publicly press governments to address allegations of wrongdoing, rather than accepting States’ assertions of compliance at face value. She led the Committee to develop practices that made it far more accessible to non-governmental organizations and human rights defenders seeking to share evidence of human rights violations. She also devoted extraordinary effort to ensuring that the Committee acted on information it received from third parties and conveyed accurate appreciation of the key human rights challenges occurring in every country it reviewed. Her rigorous and unsparing critiques – and her practice of inquiring about alleged victims of torture and arbitrarily imprisoned lawyers and advocates by name in public meetings – occasionally provoked angry outbursts by government officials accustomed to deferential, non-adversarial treatment in UN settings. However, Gaer’s approach turned what might otherwise have been pro-forma exercises into valuable opportunities for advocates to secure formal UN recognition of their claims.

Gaer’s efforts also led to a transformation in the Committee’s against Torture’s approach to the issue of violence against women, which previously was seen only as often a private matter rather than a form of torture or ill treatment for which perpetrators should be punished and victims of which are entitled to redress. The Committee became an important avenue for women’s rights advocates seeking to compel governments to develop more effective national capacities to protect women from violence, as well as members of vulnerable groups such as religious minorities and LGBTQI persons. These efforts brought significant public attention to previously overlooked issues in several countries. In one particularly noted case, Gaer’s insistence at public Committee meetings that Ireland had failed to address the abuses of the church-run ‘Magdalene Laundries’ – which had imprisoned and punished women the church had deemed ‘morally irresponsible’ – galvanized local advocates’ efforts for an official government inquiry to redress this longstanding historical injustice and acknowledge the State’s enduring obligations to survivors of the Laundries.

Gaer also championed the rights of religious minorities and victims of violence justified in the name of religion in countries around the world. Gaer was appointed and served five terms as an independent expert member of the bipartisan federal U.S. Commission on International Religious Freedom from 2001-2012, including as its chair. In that capacity, Gaer traveled to countries ranging from Sudan and Egypt to China to Afghanistan, directly pressing government officials to change policies and practices. She testified frequently before Congress and organizations including the Organization for Security and Cooperation in Europe on religious freedom issues.

Gaer’s commitment to universality also inspired her to work for decades to correct the persistent failure of the United Nations to recognize antisemitism as a serious human rights concern and to recognize the Holocaust as its most violent manifestation. Her engagement with public delegations to the UN Commission on Human Rights encouraged the U.S. to secure the inclusion of the first reference to antisemitism as an evil that UN efforts should seek to eradicate, in a resolution of the UN General Assembly, in a 1998 text condemning racism, using language previously negotiated by the U.S. at the Commission.

Gaer not only shared her wisdom and practical experience with colleagues but also convened numerous strategy discussions and facilitated the work of hundreds of human rights defenders, advocates, and other independent UN experts through JBI grants that empowered and encouraged their efforts to advance human rights norms and protections on a wide range of subjects and countries. For many colleagues and beneficiaries of her supports, Gaer was an invaluable resource, strategist, collaborator, mentor, and friend…

A prolific author of over 40 published articles and book chapters and editor of the volume “The United Nations High Commissioner for Human Rights: Conscience for the World,” Gaer received the American Society of International Law’s Honorary Member Award in 2023, an Honorary Doctorate from the Jewish Theological Seminary in 2018, and the First Freedom Center’s prestigious National First Freedom Award for her religious freedom advocacy in 2010. Gaer’s JBI was also named a “Champion of Prevention” by the UN Office on the Prevention of Genocide in 2023. [https://humanrightsdefenders.blog/2013/12/21/jacob-blaustein-institute-for-human-rights-publishes-book-on-un-high-commissioner-for-human-rights/]

One of three children of Abraham Gaer, a businessman who owned a toy shop, and his wife Beatrice Etish Gaer, Felice was born on June 16, 1946 in Englewood, New Jersey. She was raised in Teaneck, New Jersey and graduated from Teaneck High School. She received a Bachelor of Arts degree from Wellesley College and pursued her graduate studies in political science at Columbia University’s Russian Institute (now Harriman Institute), where she received a Master of Arts degree in 1971 and a Master of Philosophy degree in Political Science in 1975. In 1975, she married Dr. Henryk Baran, a professor at the State University of New York-Albany; Dr. Baran has a long and distinguished career specializing in Russian literature and culture of the Russian Silver Age and avant garde. The couple’s two sons – Adam, a queer filmmaker and curator, and Hugh, a workers’ rights attorney who litigates wage theft, discrimination, and forced labor cases – survive her, as do her brother Arthur Gaer, sister Wendy Philipps, son-in-law Jacob Rozenberg, five nephews, and ten cousins. Gaer’s wisdom, support, conviction, and passionate concern for all humanity made her truly exceptional, and she will be deeply missed.

https://www.ajc.org/news/felice-gaer-legendary-human-rights-champion-who-inspired-generations-of-global-advocates-dies

NGO report on China’s influencing of UN human rights bodies

February 8, 2023

UN secretary general Antonio Guterres with Chinese president Xi Jinping during an official visit to Geneva on 18 January 2017. (UN Photo/Jean-Marc Ferré)

On 25 January, ISHR released a new briefing paper outlining China’s tactics to influence the UN human rights treaty bodies (UNTBs), including various ways in which Chinese officials have sought to disrupt, limit and undermine their work. The paper concludes with possible responses to these efforts, on the part of governments and the UN itself.

In parallel, ISHR hosted a panel discussion on the topic with former member of the UN Committee against Torture (CAT) Felice Gaer, William Nee of the Network of Chinese Human Rights Defenders, Peter Irwin from the Uyghur Human Rights Project, and ISHR’s Director of Treaty Body advocacy, Vincent Ploton. ISHR Programme Director Sarah Brooks moderated the discussions.

The incidents recounted, while qualitative in nature, provide compelling evidence of China’s ability to effectively and unrelentingly restrict civil society engagement with [UN treaty bodies] in the context of specific reviews, and deter independent sources from speaking up,” the report states.

The report adds to growing suspicion of Beijing’s sway over the UN human rights office, after it led a successful campaign last year to delay for months the publication of a report concluding that mass detention of Uyghurs and other religious minorities in Xinjiang could amount to crimes against humanity.

When treaty bodies do their work well, they document violations and that can lead to serious actions such as the establishment of commissions of inquiry at the Human Rights Council, or even refereeing situations to the International Criminal Court, which can then lead up to indictment of national leaders or heads of state,” Vincent Ploton, co-author of the report, told Geneva Solutions. “So the consequences can be far reaching.”

China, which is party to six out of the ten treaties, has consistently sponsored candidates that have previously worked for the government and that work in institutions or organisations with close ties to the government, Sarah Brooks, co-author of the report, explained. At least one of them, Xia Jie currently sitting in the Committee on the Elimination of Discrimination Against Women (CEDAW), has formal ties to the Chinese communist party.

The authors recount how in 2015 during China’s evaluation by the Committee Against Torture (CAT), the Chinese committee member was kicked out by the chair for taking photos of the activists present, an intimidation tactic that China but also other countries have been known to use against campaigners who come to Geneva.

Seven Chinese activists were also reportedly prevented from travelling to Geneva to participate in the evaluation through threats and even detention. Felice Gaer, CAT chair at that time, recalled the event at a panel organised to launch the report.

This “creates a chilling effect”, leading “those who might be facing particular risks of reprisals to walk back their interest in participating in the process”, Brooks told Geneva Solutions.

The Chinese government has particularly targeted Uyghur and Tibetan groups, telling the office not to publish their reports on the UN human rights website under the pretext that they are “splitists” and therefore their input is misinformation, Gaer recalled at the panel. See also: https://humanrightsdefenders.blog/2022/09/01/finally-the-long-awaited-un-report-on-china/

Ploton said this external pressure exerted on UN staff is even “more worrying”, but said. At the same time, reports submitted by what civil society groups call Gongos, meaning government organised NGOs, that pose as civil society while promoting state interests, have been flooding the reviews, making it hard for the experts to know which sources to trust.

Speaking at the panel, William Nee of the Network of Chinese Human Rights Defenders warned that avenues for expression in China, from press to social media to academia, had been closing in recent years, making the UN system all the more important for Chinese rights activists.

China is set to be evaluated by the Committee on Social, Economic and Cultural Rights (CESCR) in February, followed by the CEDAW in May.

In an email response to Geneva Solutions, the Chinese permanent mission to the UN in Geneva rejected the report, calling the accusations “groundless and unjustified”.s

China is far from being the only country trying to influence the treaty bodies. The report also mentions Saudi Arabia and Russia. An analysis by the Geneva Academy from 2018 found that 44 per cent of treaty body expert members had experience working for the executive branch in their respective countries, as opposed to independent civil society groups or academia.

Ploton explained that this was allowed by countries practising “horse trading”, meaning that they agree to vote for a candidate in exchange for a vote for theirs.

Treaty bodies members adopted in 2012 the Addis Ababa guidelines, which spell out what independence and impartiality means for them, but the authors say Geneva Academy’s findings show there has been little progress since then. A major review of the treaty bodies system took place in 2020 for which civil society “had high hopes”, Ploton said. But in the end, “the process was a failure”, he said, describing the issue of reforming treaty bodies as a “hot potato” no state or UN official wanted to hold. “This is not a new phenomenon,” he said. “What is unique about China is how systematic it is.”

China has also been pushing for reforms to keep the expert groups in check, for example keeping them from doing follow-ups after a review or even banning NGOs that are not accredited by the UN Economic and Social Council, which had been blocking for years certain NGOs from being approved until recently.

A few countries including the Nordics and the United Kingdom have taken steps of their own to make sure that candidates are independent. “But the number of countries that take the process seriously is too narrow,” Ploton said.

The ISHR calls in the report for the creation of an independent vetting process, in the image of the International Criminal Court and the Inter-American Court of Human Rights, which have independent expert panels to monitor member elections. Both were NGO-led initiatives, as were the treaty bodies, Ploton said. “Perhaps it’s on us to make that change happen,” he added.

https://ishr.ch/latest-updates/none-of-them-take-orders-from-anywhere-else-than-beijing-analysing-chinas-efforts-to-influence-the-un-human-rights-treaty-body-system/

Jacob Blaustein Institute for Human Rights publishes book on UN High Commissioner for Human Rights

December 21, 2013

On 19 December 2013 it was announced that the AJCs Jacob Blaustein Institute for the Advancement of Human Rights  on the occasion of the 20th anniversary of the Office of the UN High Commissioner for Human Rights released a unique volume entitled: “The United Nations High Commissioner for Human Rights: Conscience for the World”. Read the rest of this entry »