As usual, the Geneva-based International Service for Human Rights(ISHR) has published a preview of the main items coming up in the next (33rd) session of the Human Rights Council‘s starting on Tuesday 13 September 2016. It will finish on 30 September. For human rights defenders the focus on the question of reprisals is of great importance.
Other thematic issues are: enforced disappearances, arbitrary detention and National Human Rights Institutions.
Reprisals
A highlight this session will be the opportunity for States to respond to the Secretary-General’s latest report documenting serious cases of intimidation and reprisals against human rights defenders, and contribute to finding concrete solutions at panel discussion to be hosted by the core group of States on this topic (Hungary, Uruguay, Ghana, Ireland and Fiji). The Secretary General’s annual report on cooperation with the UN, its mechanisms and representatives in the field of human rights – more frequently referred to as the “reprisals report” – will be presented at this session of the Council. The report covers the period from 1 June 2015 onwards.
Particular attention during HRC33 will be paid to Bahrain. According to allegations of travel bans against human rights defenders documented by the President of the Human Rights Council, and communicated via the minutes of a recent meeting of the HRC Bureau [LINK], in which the President expressed concern about “the lack of appropriate action or adequate explanatory information from the concerned State” to the allegations.
The Secretary-General’s report consists of a compilation of cases of intimidation and reprisals due to cooperation with the UN organisations and its specialised agencies in the field of human rights, including cases in relation to the Council, its UPR and Special Procedures; Human Rights Treaty Bodies; the OHCHR, its field presences and Human Rights Advisers; United Nations Country Teams; human rights components of peacekeeping missions and other parts of the Secretariat or specialized agencies working in the field of human rights.
The Secretary General’s last report documented a significant number of cases in which people have been threatened, stigmatised, censored, restricted from travelling, detained, beaten, held in solitary confinement, disappeared, and tortured for their work to expose and pursue accountability for human rights violations at the UN. In many of the cases the threats and attacks have not been properly investigated nor have perpetrators been held to account. However, the report did note a range of positive developments aimed at preventing and promoting accountability for reprisals highlighting that:
a number of treaty bodies have appointed reprisals rapporteurs or focal points,
In line with previous recommendations of the Secretary-General, States are encouraged to use the General Debate under Item 5 to address the cases documented. This should include in particular the States concerned, i.e. those mentioned in the report, who are expected by civil society to respond to the allegations and set out the steps taken to investigate them, hold the perpetrators to account and provide remedies to the victims.
The Working Group on Enforced Disappearances will present its report, summarising its activities over the last year and previewing its thematic study on enforced disappearances in the context of migration. Included in this is a short discussion of ‘individuals [who] migrate due to the disappearances of their relatives or loved ones or to avoid reprisals due to their work in searching and pursuing justice… and human rights defenders who are forced to migrate due to their work fighting enforced disappearances.’ The Working Group’s report also expresses serious concern as to ‘a pattern of threats, intimidation and reprisals against victims of enforced disappearance, including family members, witnesses and human rights defenders working on such cases. It calls upon States to take specific measures to prevent such acts and re-iterates the call for the UN to appoint a high-level official to combat reprisals as a matter of urgency and priority.
Working Group on Arbitrary Detention
The mandate of the Working Group on Arbitrary Detention will be renewed at this session. Among the likely ‘asks’ of the resolution are more resources to support their ability to respond to victims of arbitrary detention, the ability to raise awareness through reporting to the UN General Assembly and the mandate from the Council to embark on a thematic study.
National human rights institutions
National human rights institutions have a vital role to play in contributing to the national implementation of international human rights obligations. The annual report of the Secretary-General and High Commissioner sets out a range of steps and measures that both States and NHRIs should take in this regard. For States, such steps should include ensuring that the NHRI is broadly mandated (including in respect of economic, social and cultural rights), that it is adequately resourced, authorised to inspect places of detention, and protected from interference, intimidation and reprisals. For NHRIs, the report emphasises the importance of engaging and consulting closely with civil society, contributing to the protection of human rights defenders, and enhancing cooperation with international human rights mechanisms as a means of bridging the ‘implementation gap’.
Of special relevance for human rights defenders are also the country situations on the agenda of the 33rd Session:
Following the special session of the Human Rights Council on Burundi in December 2015, an interactive dialogue on the situation in Burundi is scheduled to take place on 27 September. From 13 to 17 June three human rights experts of the United Nations Independent Investigation on Burundi conducted their second visit to Burundi to address the human rights concerns raised in the special session Human Rights Council resolution. The experts will present their final report to the Human Rights Council this session. The gravity of human rights violations and the level of State responsibility in Burundi is unacceptable. [https://thoolen.wordpress.com/2016/02/08/what-is-burundi-doing-in-the-un-human-rights-council/]
Given the deteriorating situation of human rights in Cambodia, and the impunity with which intimidation and violence against human rights defenders occur, a range of national and international organisations calls on the Council to adopt a resolution on the country. This step would acknowledge the backsliding over the last year; reiterate the Council’s expectations for meaningful cooperation, with the Special Rapporteur and the OHCHR; and lay out benchmarks for the coming year, in light of the 2017 elections and the anniversary of the Paris Peace agreement, that would indicate clear progress achieved through the technical assistance and capacity-building mandate The interactive dialogue with the Special Rapporteur on Cambodia, scheduled for 28 September, is a chance for the international community to hear from, and respond to, Special Rapporteur Rhona Smith following her visits to the country and the communications she and other UN experts sent related to harassment and detention of NGO workers and the killing of well-known public figure Kem Ley. [https://thoolen.wordpress.com/2016/05/04/civil-society-condemns-charges-human-rights-defenders-cambodia/]
Individual interactive dialogues with mandate holders will be held in relation to Sudan, Central African Republic and Somalia. Interactive dialogues on the High Commissioner’s reports and oral updates will be held on the Democratic Republic of the Congo, Libya, and Ukraine. The High Commissioner will present his reports on Cambodia and Yemen in a General Debate under Item 10. There will also be an interactive dialogue with the Commission of Inquiry on Syria.
The Council will adopt the UPR reports of 14 countries.
reports that on 25 May 2016, the Anti-Corruption Commission of Bangladesh (ACC) questioned human rights defender Mr Adilur Rahman Khan over an allegation of involvement of the human rights organisation Odhikarin money laundering. Similarly the Observatory for the Protection of Human Rights Defenders, a joint programme of the OMCT and FIDH called on 26 May for urgent intervention to step up campaigns in his support.
Adilur Rahman Khan [https://www.frontlinedefenders.org/en/profile/adilur-rahman-khan] is an Advocate of the Supreme Court of Bangladesh, and founder and Secretary of Odhikar. The human rights organisation was established in 1994 with the aim to advance the civil, political, social and economic rights of the citizens of Bangladesh, and to create a wider monitoring and awareness-raising system on the abuse of these rights. Odhikar also carries out advocacy to address the current human rights situation in the country, provides trainings for human rights defenders and conducts fact-finding missions in rural areas of Bangladesh. Adilur was a Final Nominee for the MEA in 2015.
As the links below show it is clearly a case of administrative and judicial harassment against the human rights organisation Odhikar and its Secretary in a further attempt to sanction and silence their human rights activities.
[On 25 May 2016, the ACC’s Deputy Director Mr Jalal Uddin Ahmed questioned Adilur Rahman Khan over Odhikar’s alleged involvement in money laundering as a part of an investigation opened in 2013. The Deputy Director informed the human rights defender that the inquiry into the allegation related to the the sum of € 97 000 that the ACC supposed had been deposited to the Standard Chartered Bank account of Odhikar, as part of money laundering activities. Adilur Rahman Khan denied all accusations made against Odhikar. He explained that the sum of €97 501,07 available on the organisation’s bank account was part of a contribution made by the European Union (EU) to help Odhikar implement a three-year project titled ‘Education on the Convention against Torture (CAT) and Official Protocol to the CAT Awareness Program in Bangladesh’, from 2012 to 2014.]
Also on 27 May the Asian Human Rights Commissionpublished a press release about the members of families of 19 disappeared victims who once again took to the street 26 May 2016. They formed a “human chain” in front of the National Press Club in Dhaka to demand the return of their loved ones within the month of Ramadan. Prominent human rights defenders, members of the civil society, and academic scholars joined the families to express solidarity.
Having just posted about Sandra Kodouda’s disappearance for 4 days [https://thoolen.wordpress.com/2015/04/17/human-rights-defender-sandra-kodouda-remains-missing-four-days-after-abduction-in-sudan/ ] I am happy to report that yesterday (16 April 2015), the Sudanese human rights defender was returned home after reportedly being held in custody by the National Intelligence and Security Service (NISS) although they had denied they held her. She suffered a dislocated shoulder and other injuries during her detention.
reports that on 12 April 2015, human rights defender Sandra Kodouda was forcibly taken from her car by a group of unidentified men in Omdurman, Sudan.
She was speaking to a friend on the phone and the kidnappers were overheard on the telephone line as they refused to show their identification when Sandra Kodouda requested it, and instructed her to switch off her phone. Shortly after, family members found her abandoned car with the keys still in the ignition. When filing a criminal case at the Omdurman Central Police Station alleging the kidnapping of Sandra Kodouda, her family members were informed by the authorities that there was no record of her detention at that time.
[Sandra Kodouda has campaigned on social issues throughout the country. She is a member of the Youth Committee against the Building of Dal and Kajabar Dams, and peacefully partook in country-wide anti-austerity demonstrations in September and October 2013. Sandra Kodouda has previously been targeted as a result of her human rights work. She was detained by the NISS in August 2014 on account of her participation in the No to Women’s Oppression collective, an initiative which has worked to raise awareness of oppression against women and to promote and protect women’s rights through peaceful protest and reporting. She was also detained by the NISS in July 2012 after mobilising support for the release of youth activist Mr Rudwan Daoud, who himself had been detained by the NISS in the same month on the basis of participating in peaceful political protests.]
Wouldn’t it be a truly nice Christmas gift if the Laos government would finally undertake a serious investigation into the disappearance of human rights defender Sombath Somphone, who was last seen in December 2012. That is what a group of United Nations independent experts urged today, 23 December 2014:
“It is high time for the authorities of the Lao People’s Democratic Republic to voluntarily request international assistance with the aim of shedding light on Mr. Somphone’s fate and whereabouts, two years after his disappearance,” the experts said in a news release. “International law makes clear that the Government of the Lao People’s Democratic Republic has the duty to carry out an independent, thorough, credible and effective investigation,” they added. [https://thoolen.wordpress.com/tag/sombath-somphone/]
(The situation of human rights in Laos is due to be assessed next month through the Universal Period Review process, which involves a review of the human rights records of all UN Member States. Under the auspices of the Human Rights Council, the process provides the opportunity for each State to declare what actions they have taken to improve their human rights situation.)
Along with Mr. Kiai, the experts speaking out on Laos today include the Special Rapporteur on the situation of human rights defenders, Michel Forst; and the Special Rapporteur on the promotion and the protection of the right to freedom of expression and opinion, David Kaye.
From 17-20 September 2014, took place in Manila, Philippines, an inter-regional conference, which tackled the imperative for truth, justice, reparation, memory and guarantees of non-repetition. The Asian Federation Against Involuntary Disappearances (AFAD) organised the “Sharing Best Practices in Advocating for Legislation Against Enforced Disappearances” and human rights defenders came from Argentina, Bangladesh, Belarus, Chile, El Salvador, Guatemala, Hong Kong, India, Indonesia, Lebanon, Nepal, Philippines, Thailand, Timor-Leste and the United States of America
The Conference Statement – available in full through the Asian Human Rights Commission link below – describes disappearance in several countries and then concludes with the following lessons:
We underscored the vital importance of documentation as the most basic requirement in our search for truth and justice and in our campaign to get the widest possible support in this difficult work;
The importance of forming associations of families of the victims in the struggle for justice and of ensuring that the struggle against disappearances in whatever ways has to be owned by the families of the victims and the rest of society;
The work against enforced disappearances is jointly done by victims, lawyers and other members of civil society;
On the aspect of reparation, it is important to fully maximize existing forms of reparation and not limit these to material and monetary aspects. Reparation of dignity of the victims for a damage done because of human rights violation is of paramount importance;
Media and communication work are very important to disseminate information and to make enforced disappearance a social concern;
In view of the global character of the crime, international solidarity is imperative to strengthen response. This will complement the work at the national and regional levels;
In Asia, the signing and the ratification of the Convention and the recognition of the competence of the UN Committee on Enforced Disappearances should be given prime importance.
“Losing our hope is a bigger crime than the actual crimes perpetrated against us. Therefore, in this conference, we resolve that we are the agents of hope.”
Two British human rights workers investigating the plight of migrant labourers constructing facilities for Qatar’s 2022 World Cup have disappeared and are feared to be held incommunicado by the Gulf state’s security forces reports the Independent. Krishna Upadhyaya and Ghimire Gundev vanished on Sunday 31 August after sending texts to colleagues saying they were being followed by plain clothes police officers and feared they arrest as they tried to leave Qatar on flights that day. The two men, who are of Nepalese extraction and both carry British passports, had been in the Qatari capital Doha to record interviews with Nepali labourers and investigate conditions in accommodation camps. They were working in cooperation with Nepalese diplomats in the city.
The Global Network for Rights and Development (GNRD), employing the men, said it believed its employees were being held by the Qatari police and were at risk of maltreatment or torture: “We are deeply concerned that our employees, both British citizens, may have been subjected to enforced disappearance and are currently at risk of torture.”
[Qatar has been strongly criticised for the working conditions of its 1.4m migrant labourers as it races to spend £123bn on new infrastructure ahead of the 2022 World Cup. More than 400 Nepalese, the vast majority of them in Qatar to work on construction projects, died in the Gulf state between January 2012 and this May – a death rate of one worker per day. Qatar has insisted that none of the deaths occurred on World Cup sites. Qatar has been criticised for routinely holding detainees incommunicado for weeks or months at a time. Amnesty International has described the tactic as “standard practice” and said it can be followed by lengthy further detention without charge or trial.]
The Kashmir Reader on 20 August 2014 reported that Mary Aileen Diez Bacalso, the Secretary General of Manila-based Asian Federation Against Involuntary Disappearances (AFAD), was deported after her arrival at the Mumbai International Airport, India. “I’m sure that I was prevented from entering the country because of my work for the AFAD, and for the Association of Parents of Disappeared Persons (APDP) on the issue of enforced disappearances, on the mass graves, and on the persecution of human rights defenders in Kashmir,” Bacalso told over phone from Manila.Bacalso said it was not the first time that India denied a visa to an AFAD official from visiting the country. She said that the matter was reported to the United Nations Working Group on Enforced Disappearances and to the UN Committee on Enforced Disappearances.
“And India ironically signed the International Convention for the Protection of all the persons from enforced disappearance. And in that convention it states that the families of the disappeared have the right to organize themselves and also to work for truth and justice…” she added.
The AFAD Secretary General explained that she was not on an official but a personal visit to Mumbai on her friend’s invitation. “I was going to stay in Mumbai as a tourist for only four days. …I was not planning to go to Kashmir.”
Upon her arrival at the Mumbai airport on August 17 the officials told her that she had done something ‘bad’ during her five-day visit to India in November 2009. [Prior to her visit, the Indian embassy in Philippines told her travel agent that Philippine nationals can obtain a 20-day visa upon arrival
A regional workshop in Bangkok has highlighted issues like enforced disappearances, legal support for families of the disappeared and peaceful assembly and association. High on the agenda is also protecting rights activists, within the ASEAN regional human rights system. Presenter: Sen Lam interviews Emmerlyne Gil, international legal advisor, International Commission of Jurists, Bangkok: Read the rest of this entry »
It is with great pleasure that I am able to announce that a great human rights defender from France, Louis Joinet, is honored with a colloque on the topic “Is sovereignty still the basis of international law?”. It coincides with the publication of his book: “Mes raisons d’Etat” [‘My reasons of state’ or better ‘How I saw the national interest].
Had he been fluent in English (he picked it up too late in life) he would have been probably one of the most famous human rights experts in the world. His nicknames range from “Louis le Juste” to “the Obstinate”. He played a major role within the French state apparatus as from the 1960s. One of the founders of the ‘Syndicat de la magistrature‘ in 1968 (sometimes called the ‘red judges’), he became the first director of the National Commission on Informatics and Freedoms [Commission nationale de l’informatique et des libertés]. He served five different Prime Ministers during the 1980s as advisor. It was during those days that I met him regularly to set up and run a number of Committees dealing with the military regimes in the Southern Cone of Latin America (e.g. SIJAU, SIJADEP). We travelled often to the region and on many occasions I saw returned refugees come up to Louis to embrace and thank him for the support he gave them in exile.
In the meantime during 33 years he was an expert in various UN bodies, travelling all over the world. Most pronounced was his leading role in the Sub-commission for Human Rights and the Protection of Minorities (now renamed and relegated to a research role for the new Council), where he spearheaded a great many and daring innovations, concerning many issue including disappearances, torture, international crimes and amnesty. His popularity with (certain) States suffered, but most NGOs considered him to be a hero.
Together with his late and much-beloved wife Germaine he had a less-known but rewarding social life that includes assisting young street criminals and a passion for circus and street theater. His musical talent is illustrated in the picture below from my private collection, where he is seen playing the accordion with Argentinian Leandro Despouy watching (August 1988).
The colloque in Louis honor is taking place on 27 Mars 2014, 18h30, at Université Panthéon-‐Assas, Centre Panthéon, Salle des Conseils, in the series of lectures under Professor Olivier de Frouville.
Hans Thoolen on Human Rights Defenders and their awards 