Yesterday, 20 March 2014, there was a fierce debate in the UN Council of Human Rights where the issue of the right of NGOs to speak came up, more precisely whether accredited NGOs had the right to let speakers mention other NGOs who do not have such accreditation. In this case it was China taking exemption to the FIDH letting its member NGOs (including a pro Tibetan group) take the floor in its name. For more context see my post of yesterday: https://thoolen.wordpress.com/2014/03/20/china-in-the-un-human-rights-council-manages-to-silence-cao-shunli-as-well-as-ngos/.
The Chair and Secretariat rightly spoke of a standing practice in this regards. One such precedent is 30 years old and probably lost to most observers, so I give here my own recollection of this story in the hope that someone with access to the UN files or a better memory can confirm or correct the details.
It is 1982 and the Working group on Disappearances (created in 1980 after a long struggle and with the active support from the then Director Theo van Boven)) is reporting to the Commission on Human Rights (the predecessor of the Council). The International Commission of Jurists (ICJ), of which I was the Executive Secretary at the time, has lined up to speak. Read the rest of this entry »
(Cao Shunli, the Chinese activist who died in custody (c) Photograph: Reuters)
For those with an interest in how the UN Council deals with criticism – in this case of China – should follow the debate on the UN webcast (or see the video on demand later) [http://webtv.un.org/live-now/watch/25th-regular-session-of-the-human-rights-council/2178978642001/#]. What happened in short is that during the debate on the adoption of China’s UPR report on 20 March, the International Service of Human Rights (ISHR) called for a few moments of silence to remember Cao Shunli, the human rights defender who recently died in detention (see references below). China then invoked a point of order saying that speakers should make general statements and that did not include asking for silence. During a long procedural debate many views were expressed – mostly supportive of China – but some others clearly stating that freedom of speech included the right not to speak. The interpretation of the rules of procedure then seemed to lead to the conclusion that the UPR (Universal Periodic Review) should not be ‘politicized”….and that from the eminently political entities called Governments! Sensing that a majority would support it, China insisted on a ruling by the Chairman that this kind of intervention needs to be ruled out for the future. The big majority of States, fearing a ‘precedent-setting’, rejected even the compromise proposal by the Chair to discuss the issue further in the Bureau (at a later time) with a vote of 20 against 13 (and 12 abstentions). The World Organisation Against Torture (OMCT), the second NGO to get the floor, then continued the request for a minute of silence for Cao Shunli. This was of course again interrupted. So, the Council ended up supporting China’s tough stance, in spite of several other NGOs and a few countries coming out with strong support for the moment of silence.
When the FIDH then let one its member organisations (including the Campaign Against Tibet) speak on its behalf, the Chinese delegation (perhaps emboldened by its earlier success) decided to interrupt again asking that the FIDH only identifies itself and not its members. This led to another procedural debate on whether NGOs with consultative status are allowed to mention other NGOs that have no such status (a standing practice I should add, which was established far back in the 80s when Argentina tried – in vain – to stop the ICJ from letting an Argentinian lawyer, Emilio Mignone, to speak about the disappearance of his own daughter).
Perhaps there will be further debate on these procedural aspects, but it is unlikely that the UPR comes out of this as a serious innovation in dealing with human rights violations.
While the whole of the Syrian population suffers terribly, it is important to recognize that human rights defenders, activists, media and humanitarian workers have been particularly targeted for their work since the beginning of the Syrian uprising three years ago. Many have been arrested or abducted by either government forces and pro-government militias or by non-state armed groups. The channels for obtaining reliable information are drying up and that is certainly not a coincidence.
Now several international NGOs such as Amnesty International, the Euro-Mediterranean Human Rights Network, FIDH, Frontline Defenders, Human Rights Watch and Reporters Without Borders have come together to work jointly, with other international, regional and Syrian organizations, to campaign for the release of these Silenced Voices of Syria. The campaign is starting with the documentation of 37 emblematic cases.
This campaign will use a three-pronged strategy of 1. Research and Documentation, 2. Information/Sensitisation and 3/ Mobilization.
The FIDH, on 6 March 2014, issued a statement on the lack of access to medical care for human rights defenders in Iran, resulting in further deterioration of their health FIDH fears this may amount to a systematic practice aiming at further intimidating civil society voices critical of the regime.
On March 2, 2014, several prisoners of conscience detained in Evin prison, Tehran, wrote their second Read the rest of this entry »
Here two recent examples of non-cooperation in relation to requests for access by international human rights mechanisms:
On 11 February 2014 five international human rights organisations issued a statement decrying Algeria’s lack of cooperation in allowing UN human rights experts and international human rights organizations to visit the country. Algeria may have joined the UN Human Rights Council in January 2014, but it has not agreed to visits by the UN Special Rapporteur on Torture and the Working Group on Enforced or Involuntary Disappearances, despite their repeated requests. Similarly the Algerian authorities have refused to grant visas to nongovernmental human rights organizations for several years. “Algeria remains the only country among its neighbors that generally restricts access to human rights organizations,” said Eric Goldstein, of Human Rights Watch. [The 5 NGOs making the appeal are Amnesty International, Euro-Mediterranean Human Rights Network, Human Rights Watch and the Observatory for the Protection of Human Rights Defenders, a joint program of the International Federation for Human Rights FIDH, and the World Organization Against Torture OMCT].
Today, 14 February it became known that the European Union Special Representative for Human Rights, Stavros Lambrinidis, was denied a request to visit prisoners during his visit to Egypt [he announced this on Twitter after meeting with Prosecutor General Hisham Barakat.] Lambrinidis described the refusal as a “direct contradiction” to the Ministry of Interior’s “press release promising greater openness to such visits”. Only two days earlier – amid mounting allegations of torture inside places of detention – the Ministry of Interior had issued a statement welcoming requests from NGOs wishing to visit prisons. [Lambrinidis held an open discussion with 30 human rights defenders from local and international NGOs earlier this week, stating that the Egyptian government must respect peaceful free expression and human rights communities.]
More generally the power of cartoons in human rights work can be seen in Cartooning for Peace, an initiative thought up by the French cartoonist Plantu, born on 16 October 2006 at UN headquarters in New York after a two-day conference organised by Kofi Annan, the then Secretary General of the United Nations, which brought together the twelve best-known political cartoonists in the world for “unlearning intolerance”. See: http://www.cartooningforpeace.org/en
In an opinion adopted on 20 November 2013, the United Nations UN Working Group on Arbitrary Detention [WGAD] requested the release of Iranian human rights defenders Khosro Kordpour and Massoud Kordpour from arbitrary detention. The WGAD carried out its investigation pursuant to an appeal by the Observatory for the Protection of Human Rights Defenders and informed the Observatory (an FIDH-OMCT joint program me) of its decision on 4 February, 2014.Read the rest of this entry »
[reposted as it seems that the link no longer worked – why? – Syrian secret service THAT sophisticated??]
After more than a month the abduction of 36-year-old human rights defender Ms. Razan Zaitouneh in Syria continues to go unsolved. She became part of the statistics herself that she was gathering inside Syria. Now part of ‘the missing’ inside her country Zaitouneh was joined in her abduction by her husband Nazem al-Hamadi, along with reform activist Ms. Sameera Alkhalil along with lawyer and poet Wael Hamada on December 9, 2013 in the Damascus suburb of Douma city. Just before she recorded this video message for the FIDH:
The ‘eastern’ pull of Ukraine is now also reflected in its repressive legislation on human rights defenders. On January 16, 2014, Ukrainian Parliament unexpectedly and hurriedly adopted a comprehensive restrictive bill, which punishes protests, criminalises libel, restricts civic organisations receiving foreign funding and labels them as “foreign agents”. The bill, entitled “On Amendments to the Law on Judicial System and Status of Judges and Procedural Laws on Additional Measures for Protecting Citizens’ safety”, was introduced on January 14, 2014 and voted only two days after, with no legal assessment, no parliamentary hearings, and no consultation. The text was swiftly adopted by show of hands, backed by 235 out of 450 parliamentarians, before it was immediately signed it into law by the President. According to the bill, all civic organisations receiving funds from foreign sources must include in their title the term “foreign agents”, register as such, submit monthly reports regarding the organisations, publish quarterly reports on their activities in the official media and may not benefit from a tax-exempt status. The bill specifies that all organisations taking part in political actions, defined as actions aimed at influencing decision-making by state bodies, a change in the state policy which those bodies have defined as well as forming public opinion for those purposes, are deemed civic organisations. Organisations failing to register may be closed by court decision.
There were quite a few other restrictions passed in the same bill as can be seen from the Open Letter of 20 January 2014 sent to Ukrainian President Viktor Yanukovich and Parliamentary Speaker Volodym, signed by Karim Lahidji, FIDH President, and Gerald Staberock, OMCT Secretary General:
While all attention is focused on the political power struggle in Turkey, human rights defenders there continue to be harassed and detained. A glaring example is the case of Muharrem Erbey who is in pre-trial detention since 4 years. On 13 January 2014, the trial against Muharrem Erbey, the recipient of the Ludovic-Trarieux International Human Rights Prize for 2012, will resume. On 24 December 2009, Mr. Muharrem Erbey was arrested by the Anti-Terror Unit of the Diyarbakır Security Directorate as part of an operation launched simultaneously in 11 provinces in Turkey. His arrest and detention Read the rest of this entry »
Hans Thoolen on Human Rights Defenders and their awards 