Hans Thoolen on Human Rights Defenders and their awards

As usual the International Service for Human Rights has come out with an excellent preview of  key issues on the agenda of the 42nd session of the UN Human Rights Council, starting on Monday 9 September 2019. And – also as usual – I provide here an extract of the key elements affecting human rights defenders more directly. The 42nd session will consider issues such as reprisals, indigenous peoples, death penalty, arbitrary detention and enforced disappearances. To stay up-to-date on the whole session: follow @ISHRglobal and #HRC42 on Twitter. Side events will the subject of a separate post.

Reprisals

On 18 September, the ASG for Human Rights will present his annual Reprisals Report  (report on the cooperation with the United Nations) in his capacity as UN senior official on reprisals. [see https://humanrightsdefenders.blog/2016/10/05/assistant-secretary-general-andrew-gilmour-appointed-as-the-uns-focal-point-to-combat-reprisals-against-human-rights-defenders/]

It will be interesting to see the difference with the first such interactive dialogue in September 2018 [https://humanrightsdefenders.blog/2018/10/05/no-naming-and-shaming-on-reprisals-at-39th-human-right-council-session/]. Ghana, Fiji, Hungary, Ireland and Uruguay will present a draft resolution at this session which aims to strengthen the responses by the UN and States to end to acts of intimidation and reprisals.

The ISHR states that reports of cases of reprisals against those cooperating or seeking to cooperate with the UN not only continue, but grow. [see in this context one of my earliest posts, still sadly relevant: https://humanrightsdefenders.blog/2014/03/13/zero-tolerance-for-states-that-take-reprisals-against-hrds-lets-up-the-ante/]..

Other key thematic reports

The Council will consider on 13 September two reports on the death penalty: the report of the UN Secretary General on capital punishment and the implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty, and the summary report of OHCHR on the biennial high-level panel discussion on human rights violations related to the use of the death penalty, in particular with respect to the rights to non-discrimination and equality. The Council will also consider a resolution on the issue.

The Council will hold dedicated debates and consider the reports of several mandates relating to civil, political, economic, social and cultural rights, such as:

• The Special Rapporteur on contemporary forms of slavery will present her report on current and emerging forms of slavery and country visit report to Italy on 9 September.
• The Working Group on Enforced or Involuntary Disappearances will present a report on public policies for effective investigation of disappearances, as well as its annual report and country visit report to Ukraine, on 11 September.
• The Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence will present his report and country visit report to Sri Lanka on 11 September.
• The Working Group on Arbitrary Detention will present its annual report and country visit report to Bhutan on 13 September.
• The Special Rapporteur on the rights of indigenous peoples will present her annual report and country visit reports to Ecuador and Timor-Leste on 18 September. The Council will also consider during the same debate three reports of the Expert Mechanism on the Rights of Indigenous Peoples.

Country-specific developments

China: The harassment, surveillance, and mass detention of more than one million Uyghurs and other Turkic Muslims in the People’s Republic of China continues to be the most pressing issue with regards to China for the international community to address.

At the same time, China has continued its crackdown on human rights activists: Jiang Tianyong a victim of reprisals for his engagement with UN experts, has been ‘free’ for six months, but remains under heavy-handed surveillance. Citizen journalist Huang Qi was sentenced to 12 years, despite serious health concerns.[https://humanrightsdefenders.blog/2019/07/30/chinas-cyber-dissident-huang-qi-get-12-years-jail/]. Grassroots activist Ji Sizun died in custody [https://humanrightsdefenders.blog/2019/07/15/in-memoriam-chinese-human-rights-defender-ji-sizun/] while Chen Jianfang, recipient of the Cao Shunli award, is being held incommunicado in an unknown location. [https://humanrightsdefenders.blog/2016/02/12/cao-shunli-a-profile-and-new-award-in-her-name/]

Saudi Arabia: The September session provides an invaluable opportunity for the Council and States to follow up on the joint statement delivered on behalf of 36 States by Iceland [https://humanrightsdefenders.blog/2019/07/22/why-iceland-led-the-un-resolution-on-the-philippines/] During the June session, a broad range of cross-regional States called for accountability and guarantees of non-recurrence during the discussion of the Special Rapporteur on extrajudicial, summary or arbitrary executions’ report on the killing of Saudi journalist Jamal Khashoggi. 

ISHR calls on States to advancing a HRC resolution establishing a monitoring mechanism over the human rights violations in the country and calling explicitly for the immediate and unconditional release of the detained Saudi women human rights defenders and to drop all charges against them.

Egypt: ISHR remains deeply concerned about the situation of human rights defenders in Egypt ..ISHR recalls that defenders who engaged with Egypt’s UPR in 2014 have since then faced travel bans, closure of NGOs, assets freezing, and are facing up to 25 years imprisonment in the ‘NGO Foreign Funding case no. 173.’ ISHR also recalls that individuals and communities who engaged with the Special Rapporteur on the right to housing during her visit in September 2018 faced systematic reprisals. [see also: https://humanrightsdefenders.blog/2019/08/21/un-pulls-anti-torture-conference-from-egypt-to-seek-other-regional-venue/]

Venezuela: Several Venezuelan human rights organisations and international NGOs think  are calling on States to create an investigation. On 10 September, the High Commissioner is scheduled to provide an update to the Council, as a follow up to her report delivered in July. She is expected to outline further deterioration in the situation in the country.

Burundi: The Commission of Inquiry on Burundi will present its oral briefing on 17 September. Burundi continues to refuse to cooperate with the Council’s mechanisms. ISHR calls on States to renew the mandate of the Commission of Inquiry.

The Burundian Government suspended one of the last remaining independent civil society organisations (PARCEM), suspended the operating license of the Voice of America, revoked the license of the BBC, and forced at least 30 international non-governmental organisations to cease their activities. On 17 July 2019, the Ntahangwa Court of Appeal upheld the 32-year prison sentence against HRD Germain Rukuki. [see also: https://humanrightsdefenders.blog/2019/03/29/ngo-statement-condemns-new-irregularities-in-the-case-of-germain-rukuki-burundi/]

Interactive dialogue with the Special Rapporteur on Myanmar and the international fact-finding mission on the situation of human rights of Rohingya Muslims and other minorities in Myanmar on 17 September as well as the presentation of the report of the Independent Investigative Mechanism on Myanmar on 10 September. Among other things, the FFM sheds light on the economic interests of Myanmar’s military and the strong connections between the Tatmadaw and businesses and investors.

Enhanced interactive dialogue on the report of the High Commissioner on the human rights situation in Nicaragua on 10 September

Interactive dialogue on the oral update by the Commission on Human Rights in South Sudan on 16 September

Interactive dialogue on the updated written report of the Commission of Inquiry on Syria on 17 September

Interactive dialogue with the High Commissioner on the situation of human rights in Ukraine on 24 September

Interactive dialogue with the High Commissioner on the situation of human rights in Libya on 25 September

Adoption of Universal Periodic Review (UPR) reports: During this session, the Council will adopt the UPR working group reports on – inter alia – Albania, Côte d’Ivoire, the Democratic People’s Republic of Korea, the Democratic Republic of the Congo, Equatorial Guinea, Ethiopia, Nicaragua, and Qatar.  ISHR supports human rights defenders in their interaction with the UPR. It publishes briefing papers regarding the situation facing human rights defenders in some States under review. This session of the Council will provide an opportunity for the Democratic Republic of the Congo and Côte d’Ivoire to accept recommendations made in relation to human rights defenders, as proposed in ISHR’s briefing papers.

Council programme, appointments and resolutions

The President of the Human Rights Council has proposed a candidate for the mandate of the Independent Expert on the situation of human rights in the Central African Republic.

At the organisational meeting the following resolutions were already announced (States sponsoring the resolution in brackets) which are especially relevant to HRDs :

1. Arbitrary detention (mandate renewal, France)
2. Technical assistance and capacity-building for Yemen in the field of human rights (Arab Group)
3. Contemporary forms of slavery (mandate renewal, United Kingdom)
4. Cooperation with the United Nations, its representatives and mechanisms in the field of human rights – ‘the reprisals resolution’ (Fiji, Ghana, Hungary, Ireland, Uruguay).
5. Human rights and indigenous peoples (mandate renewal of the SR, Guatemala, Mexico).
6. Human rights and indigenous peoples (Guatemala, Mexico).
7. Promoting international cooperation to support national human rights follow-up systems, processes and related mechanisms (Brazil, Paraguay).
8. The question of the death penalty (Belgium, Benin, Costa Rica, France, Mexico, Mongolia, Republic of Moldova, Switzerland).
9. World program on human rights education and training (Slovenia)
10. Technical cooperation and capacity building in the field of human rights (Brazil, Honduras, Indonesia, Morocco, Norway, Qatar, Singapore, Thailand, Turkey).
11. Human rights situation in Yemen (Belgium, Canada, Ireland, Luxembourg, Netherlands)
12. The human rights situation in the Syrian Arab Republic (France, Germany, Italy, Jordan, Kuwait, Morocco, Netherlands, Qatar, Turkey, United Kingdom of Great Britain and Northern Ireland)
13. Situation of human rights in Burundi (European Union)
14. Advisory services and technical assistance for Cambodia (Japan)
15. The right to privacy in the digital age (Brazil, Austria, Germany, Lichtenstein, Mexico)
16. Assistance to Somalia in the field of human rights (Somalia, United Kingdom)
17. Technical assistance and capacity-building to improve human rights in the Sudan (African Group)
18. The human rights situation in Venezuela (Argentina, Canada, Chile, Colombia, Costa Rica, Guatemala, Guyana, Honduras, Mexico, Paraguay, Peru)
19. Situation of human rights of Rohingya Muslims and other minorities in Myanmar (the Organization of Islamic Cooperation)

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https://www.ishr.ch/news/hrc42-key-issues-agenda-september-2019-session