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Human Rights Defenders at the 54th session of the UN Human Rights Council

September 11, 2023

On 6 September 2023 the ISHR published its formidable overview of key issues at the upcoming, 54th session of the UN Human Rights Council (from 11 September – 13 October). I have extracted from it – as ussual [for 53rd see: https://humanrightsdefenders.blog/2023/06/20/human-rights-defenders-issues-at-the-53rd-session-of-the-un-human-rights-council/], the issues most direclty affecting Human Rights defenders

To stay up-to-date: Follow @ISHRglobal and #HRC54 on Twitter/X, and look out for their Human Rights Council Monitor.

Thematic areas of interest

Reprisals

During the 54th session, Ghana, Fiji, Hungary, Ireland and Uruguay will present a draft resolution on cooperation with the UN. ISHR urges all States to support the adoption of a HRC resolution that strengthens the UN’s responses to reprisals.

On 28 September, the Assistant Secretary General for Human Rights, Ilze Brands Kehris, will present the Secretary General’s annual Reprisals Report to the Council in her capacity as UN senior official on reprisals. States raising cases is an important aspect of seeking accountability and ending impunity for acts of reprisal and intimidation against defenders engaging with the UN. It can also send a powerful message of solidarity to defenders, supporting and sustaining their work in repressive environments.

This year, ISHR launched a campaign regarding five cases. ISHR urges States to raise these cases in their statements:

  • Anexa Alfred Cunningham (Nicaragua), a Miskitu Indigenous leader, woman human rights defender, lawyer and expert on Indigenous peoples rights from Nicaragua, who has been denied entry back into her country since July 2022, when she participated in a session of a group of United Nations experts on the rights of Indigenous Peoples. States should demand that Anexa be permitted to return to her country, community and family and enabled to continue her work safely and without restriction.
  • Vanessa Mendoza (Andorra), a psychologist and the president of Associació Stop Violències, which focuses on gender-based violence, sexual and reproductive rights, and advocates for safe and legal abortion in Andorra. After engaging with CEDAW in 2019, Vanessa was charged with ‘slander with publicity’, ‘slander against the co-princes’ and ‘crimes against the prestige of the institutions’. She has been indicted for the alleged “crimes against the prestige of the institutions” involving a potentially heavy fine (up to 30,000 euros) and a criminal record if convicted. States should demand that the authorities in Andorra unconditionally drop all charges against Vanessa and amend laws which violate the rights to freedom of expression and association.
  • Kadar Abdi Ibrahim (Djibouti) is a human rights defender and journalist from Djibouti. He is also the Secretary-General of the political party Movement for Democracy and Freedom (MoDEL). Days after returning from Geneva, where Kadar carried out advocacy activities ahead of Djibouti’s Universal Periodic Review (UPR), intelligence service agents raided his house and confiscated his passport. He has thus been banned from travel for five years. States should call on the authorities in Djibouti to lift the travel ban and return Kadar’s passport immediately and unconditionally.
  • Hong Kong civil society (Hong Kong): Until 2020, civil society in Hong Kong was vibrant and had engaged consistently and constructively with the UN. This engagement came to a screeching halt after the imposition by Beijing of the National Security Law for Hong Kong (NSL), which entered into force on 1 July 2020. States should urge the Hong Kong authorities to repeal the offensive National Security Law and desist from criminalizing cooperation with the UN and other work to defend human rights.
  • Maryam al-Balushi and Amina al-Abduli (United Arab Emirates), Amina Al-Abdouli used to work as a school teacher. She was advocating for the Arab Spring and the Syrian uprising. She is a mother of five. Maryam Al Balushi was a student at the College of Technology. They were arrested for their human rights work, and held in incommunicado detention, tortured and forced into self-incriminatory confessions. After the UN Special Procedures mandate holders sent a letter to the UAE authorities raising concerns about their torture and ill treatment in detention in 2019, the UAE charged Amina and Maryam with three additional crimes. The UN Working Group on Arbitrary Detention found their detention arbitrary and a clear case of reprisals for communicating with Special Procedures. In April 2021, a court sentenced them to three additional years of prison for “publishing false information that disturbs the public order”. States should demand that authorities in the UAE immediately and unconditionally release Maryam and Amina and provide them with reparations for their arbitrary detention and ill-treatment.

Other thematic debates

At this 54th session, the Council will discuss a range of civil, political, economic, social and cultural rights and issues through dedicated debates with the:

  1. Special Rapporteur on truth, justice, reparation and guarantees of non-recurrence
  2. Special Rapporteur on contemporary forms of slavery, including its causes and consequences
  3. Working Group on Arbitrary Detention
  4. Working Group on Enforced or Involuntary Disappearances
  5. Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and waste
  6. ID on HC oral update on drivers, root causes and human rights impacts of religious hatred constituting incitement to discrimination, hostility or violence

In addition, the Council will hold dedicated debates on the rights of specific groups including with the:

  1. Independent Expert on the enjoyment of all human rights by older persons
  2. Special Rapporteur on the rights of Indigenous Peoples and the Expert Mechanism on the Rights of Indigenous Peoples

Country-specific developments

Afghanistan

The Council will hold an Interactive Dialogue with the Special Rapporteur on Afghanistan on 11 September, and on the OHCHR report on Afghanistan on 12 September, and will consider a resolution on the human rights situation in Afghanistan at this session.

ISHR supports the call of Afghan human rights defenders to the Council to renew the mandate of the Special Rapporteur on the situation of human rights in Afghanistan. We also support the call to establish a parallel independent investigative mechanism in the upcoming September session and to ensure meaningful follow up to the joint report of the Special Rapporteur and the Working Group on discrimination against women and girls, as well as continuation of a dedicated discussion at the Council on the situation of women and girls in Afghanistan. Accountability for widespread human rights violations, including gender apartheid and other crimes against humanity, is imperative to securing sustainable peace and development in the country.

Algeria

We urge States to demand that Algeria, a Council member, end its crackdown on human rights defenders and civil society organisations, amend laws aimed at silencing peaceful dissent and stifling civil society, and immediately and unconditionally release arbitrarily detained human rights defenders and activists, including in the interactive dialogue with the Working Group on arbitrary detention. Since the beginning of the Hirak pro-democracy movement, the Working Group has issued at least 6 decisions of arbitrary detention, highlighting Algerian legislation that is inconsistent with international law, violations of due process and the right to a fair trial, as well as violations to the right to freedom of expression, discrimination based on language, ethnicity and religion. They have also condemned Algeria’s abuse of counter-terrorism legislation. States should call on Algeria to implement the recommendations of the working group.

We also urge States to address the case of reprisals against HRDs Kaddour Chouicha and Jamila Loukil, members of the Algerian League for the Defence of Human Rights (LADDH) before its dissolution by the Algerian authorities. They were prevented from traveling to attend the pre-session organized by UPR-info, a clear case of reprisals against human rights defenders attempting to cooperate with the UPR. Chouicha, Loukil and other HRDs are charged in a criminal case, which includes ‘enrollment in a terrorist or subversive organization active abroad or in Algeria’. They are still awaiting trial as the authorities postponed their court session on 15 June 2023. If convicted of these charges, they face up to twenty years imprisonment.

Bahrain

Civil society organisations, including ISHR, have requested States to urge Bahraini authorities to unconditionally release all those sentenced for their political opinions, including human rights defenders Abdulhadi Al-Khawaja and Abduljalil Al-Singace, and in the meantime, to ensure that they are provided with life-saving medical care to prevent an imminent tragedy. [see also: https://humanrightsdefenders.blog/2023/08/20/500-bahraini-prisoners-on-hunger-strike-over-conditions/]

Burundi

The Council will hold an Interactive Dialogue with the Special Rapporteur on Burundi on 22 September. As serious human rights violations persist in Burundi and the Government has failed to hold per­petrators accountable or take the concerns raised by Burundian and international actors seriously, the Coun­cil should not relax its scrutiny. The Council should extend the Special Rapporteur’s mandate for a further year.

China

31 August marked one year since the release of the groundbreaking OHCHR report finding possible crimes against humanity committed by the Chinese government in Xinjiang. This Council session also marks one year since the failure of the Council, and most of its Council Members, to stand by principle against Beijing’s coercion and promote a dialogue on the human rights of Uyghurs. Since that time, the recommendations of the OHCHR’s report have been echoed by the CERD in its Urgent Action decision on Xinjiang, by the CESCR and CEDAW in their respective Concluding Observations, and by 15 Special Procedures mandates in their seven benchmarks on Xinjiang. Yet, in a surprise visit to the region in August, President Xi Jinping reiterated its hardline policy and called for further efforts to ensure ‘social stability’ and ‘control illegal religious activities’. States should take collective action to urge China to implement key recommendations from the OHCHR Xinjiang report, and from relevant UN Treaty Bodies and Special Procedures, with a focus on root causes of violations that commonly affect Uyghurs, Tibetans, Hong Kongers and mainland Chinese human rights defenders, including the abuse of national security laws and measures.

States should further ask for the prompt release of human rights defenders targeted by the Chinese government’s renewed crackdown on human rights lawyers, including lawyer Lu Siwei at risk of refoulement from Laos, activists Chang Weiping, Ding Jiaxi and Xu Zhiyong, recently convicted to lengthy prison sentences, as well as Yu Wensheng and Xu Yan, detained en route to meet with EU diplomats in Beijing. Ten years after the detention, and subsequent death in custody, of woman human rights defender Cao Shunli on her way to attend China’s UPR in Geneva, the Council must also pierce the veil of impunity for egregious cases of reprisals, and call on China to acknowledge its responsibility, bring perpetrators to justice and provide adequate remedy. [see also: https://humanrightsdefenders.blog/2023/09/05/human-rights-lawyer-gao-zhisheng-and-the-practice-of-enforced-disappearances-joint-letter/]

Egypt

Recent arrests and arbitrary detention of several media figures, dissidents and their family members in Egypt are indicative of the ongoing crackdown on basic freedoms and liberties in the country, and reflect a lack of genuine political will to improve the human rights situation by the Egyptian government. In the last ten years, Egyptian human rights organisations have recorded the enforced disappearance of no less than 3,000 citizens for varying periods of time, death by mistreatment and medical negligence of at least 1,200 people in detention centers, the sexual assault of at least 655 people and their family members, and the extrajudicial killing of more than 750 people. The continued silence on Egypt by States at the Council will only encourage further violations. NGOs continue to urge States to ensure appropriate action on Egypt at the Council though the establishment of a monitoring and reporting mechanisms on the human rights crises in the country. As an immediate step, States should deliver a follow-up joint statement condemning the human rights situation in the country and calling on the Egyptian government to refrain from continuing to carry out wide-spread human rights violations.

Israel/OPT

While Israel rejected all the recommendations on the right of the Palestinian people to self-determination and refugee return made by states during its UPR review, States should reiterate their commitment to putting an end to 75 years of denial of the Palestinian’s people inalienable rights to return and self-determination.

During HRC 53, civil society welcomed the resolution put forward by the OIC to ensure the full implementation of the United Nations database of businesses involved in Israeli’s settlement enterprise in the occupied Palestinian territory. States must ensure that the mandate is implemented in full as it represents a question of credibility to the Council, including by ensuring that the budget adopted in the fifth committee of the General Assembly later this year is in line with the programme budget implications (PBI). 

Russia

The Council will hold an Interactive Dialogue with the Special Rapporteur on the Russian Federation on 21 September. The Council will also be called upon to renew the mandate of the Special Rapporteur (HRC Resolution 51/25). ISHR strongly supports the renewal of the mandate and urges States to oppose Russia’s candidacy to the Human Rights Council.

The human rights situation in Russia continues to deteriorate, while Russia also continues to perpetrate atrocity crimes in Ukraine In recent months, Russia has enacted laws providing immunity against war crimes and crimes against humanity committed in the ‘State’s interests’, intensified its assault against LGBT persons, adopted further measures to repress civil society and silence independent journalists, and continued to arbitrarily imprison human rights defenders. Of further and direct relevance to the Council, Russia adopted a new law on 28 April 2023 which criminalises assistance, cooperation or confidential communications with international bodies, which may include the HRC and its mechanisms. These regressive developments, and the lack of any improvement in the human rights situation in the country, clearly warrant the extension of the mandate of the Special Rapporteur.

With respect to Russia’s candidacy for the Council, ISHR only campaigns against countries based on strict and objective criteria. Russia manifestly fulfils all of these criteria, being a country: (1) responsible for a pattern of reprisals against those who cooperate with the UN; (2) responsible for the repression of civil society (Russia is ranked as ‘closed’ (scoring 17/100 in the Civicus Monitor); and (3) directly responsible for war crimes and crimes against humanity in Ukraine according to the HRC-mandated CoI. On ISHR’s HRC candidate scorecards, Russia scores just 1/20 on objective criteria.

Saudi Arabia

In light of the ongoing diplomatic rehabilitation of crown prince and de facto ruler Mohammed bin Salman, the Saudi authorities’ brazen repression continues to intensify. Some notable recent trends as documented by ALQST include, but are not limited to: the further harsh sentencing against individuals for peaceful social media use, including a death sentence issued against a man for tweets, the prosecution of women such as Manahel al-Otaibi over her choice of clothing and support for women’s rights, the ongoing forcible disappearance of prisoners of conscience including Mohammed al-Qahtani [see: https://www.trueheroesfilms.org/thedigest/laureates/78383825-0b3f-4bca-883a-b81e1baecd09]and Essa al-Nukheifi beyond the expiry of their sentences, and; regressive developments in relation to the death penalty, including a surge in executions (95 individuals were executed in 2023 so far), and several young men at imminent risk of execution for crimes they allegedly committed as minors. Human Rights Watch has documented the brutal massacre of migrants at the Yemen border, in what may amount to further crimes against humanity. ISHR continues to call for States at the Council to adopt a resolution mandating an independent international monitoring and investigative mechanism on massive human rights violations perpetrated in and by Saudi Arabia.

Sudan

On 12 September, the Council will hold Interactive Dialogue on the High Commissioner’s oral update on Sudan.

Sudanese Women Rights Action published a report “laying an overview of the conditions of women’s rights and gender equality in Sudan as an extended crisis started on October 25th, 2021, when the military took over the power in Sudan, ending the transitional period on a bloody note…the report presents verified information about the crises scope, context, and responses from a gender perspective based on the needs on the grounds, the challenges, and the recommended interventions according to local actors and women activists.” ISHR urges the implementation of  the recommendations identified by women activists including to “Pressure both fighting parties to commit to sustainable Ceasefire; Pressure the fighting parties to open humanitarian corridors; Provide urgent funding to the humanitarian aid interventions; Ensure protection and evacuation of women and WHRDs from fighting areas”. Ahead of HRC54, ISHR joined over 110 NGOs in reiterating a call on the Council to establish an independent investigative mechanism on Sudan with a mandate to investigate human rights violations and abuses in Sudan, collect and preserve evidence, and identify those responsible.

Tunisia

We regret that the Council failed to exercise its prevention mandate and address the deteriorating human rights situation in Tunisia during HRC 53, during which the High Commissioner and UN Special Procedures raised alarm at the escalating pattern of human rights violations and the rapidly worsening situation in Tunisia following President Kais Saied’s power grab on 25 July 2021. In the last two years in Tunisia there has been a significant erosion of the rule of law, attacks on the independence of the judiciary, reprisals against independent judges and lawyers and judges associations, a crackdown on peaceful political opposition and abusive use of “counter-terrorism” law in politicised prosecutions, as well as attacks on freedom of expression and threats to freedom of association.

In an open letter against the “Memorandum of Understanding on a Strategic and Comprehensive Partnership between the European Union (EU) and Tunisia” and against the EU’s border externalisation policies, 379 researchers and members of civil society decried the use of vulnerable populations as scapegoats to mask the failures of public policy in Tunisia. While Tunisian authorities were persecuting Black African foreign nationals, including migrants, asylum seekers and refugees – deporting at least 1,200 sub-Saharan nationals to the borders with Libya and Algeria, in inaccessible and militarised desert zones, leaving them abandoned without water and food – the signing of the Memorandum effectively gave Tunisia “a blank check, following a strategy that is all the more irresponsible given its inefficacy”. Unless States tackle “the structural socio-economic causes of so-called irregular migration”, and radically rethink access to mobility, “this security approach to border management will only make crossings more deadly and strengthen smugglers”. Addressing these grave violations cannot be done without also urgently addressing the rule of law crisis in the country.

Venezuela

The UN’s fact-finding mission on Venezuela (FFM) will report to the Council on 25 and 26 September. The Mission will focus on the situation for human rights defenders in the country – an essential focus given the existing and proposed legislation adversely affecting civic space, and the threats and attacks HRDs face. The recent sentencing of 6 union leaders, denounced by UN Special Rapporteurs, is a clear example of the criminalisation of HRDs, as is the continued detention of the HRD Javier Tarazona, since July 2021, and that of many other real or perceived opposition figures. The continuing impunity in regard to the killing of defender Virgilio Trujillo Arana a year ago is an example of how little will exists to prevent attacks against HRDs.

In its first report in 2020, the FFM stated that it had reasonable grounds to believe that crimes against humanity had been carried out in Venezuela, with the principal targets of violations including social activists and political leaders at the forefront of protests. The recommendations made by the FFM at that time have not been implemented. We recall that Venezuela continues to refuse to engage with the FFM or allow it to enter the country.

States must participate in the interactive dialogue with the FFM to highlight the essential role of HRDs; express utmost concern at the ongoing, systematic threats, attacks and restrictions against civic space, and urge the Venezuelan authorities to take immediate steps to implement the recommendations issued by the UN human rights system. States must speak out forcefully in support of the FFM and its work, and encourage other states to do the same. This vital accountability mandate must be supported and its recommendations echoed, so that victims of violations in the country can believe that one day justice will be done.

Other country situations:

The High Commissioner will provide an oral update to the Council on 11 September 2023. The Council will consider updates, reports 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 Dialogue on the report of the Independent Investigative Mechanism for Myanmar and Interactive Dialogue on the OHCHR report on Myanmar
  • Interactive Dialogue on the report of the High Commissioner on Nicaragua and oral update by the Group of Experts on Nicaragua
  • Interactive Dialogue on the report of the OHCHR on Sri Lanka
  • Interactive Dialogue with the Commission of Human Rights Experts on Ethiopia
  • Interactive Dialogue with the Commission of Inquiry on the Syrian Arab Republic
  • Interactive Dialogue on the interim oral update of the High Commissioner on the situation of human rights in Belarus
  • Interactive Dialogue with the Commission of Inquiry on Ukraine and Interactive Dialogue on the High Commissioner oral update on Ukraine
  • Enhanced Interactive Dialogue on the report of the High Commissioner and experts on the Democratic Republic of Congo
  • Interactive Dialogue on the oral update of OHCHR on technical assistance and capacity-building for South Sudan
  • Interactive Dialogue with the Special Rapporteur on Cambodia and presentation of the Secretary-General’s report
  • Interactive Dialogue with the Independent Expert on Somalia
  • Interactive Dialogue with the Independent Expert on the Central African Republic
  • Interactive Dialogue with the High Commissioner on the interim report on Haiti
  • Presentation of the High Commissioner’s report on cooperation with Georgia
  • Presentation of the High Commissioner’s report on cooperation with Yemen

Council programme, appointments and resolutions

Appointment of mandate holders

The President of the Human Rights Council has proposed candidates for the following mandates:

  1. Special Rapporteur on minority issues
  2. Special Rapporteur on the human rights of migrants
  3. Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism
  4. Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
  5. Working Group on discrimination against women and girls, several members

Resolutions to be presented to the Council’s 54th session

At the organisational meeting on 28 August resolutions were announced (States leading the resolution in brackets):

  1. From rhetoric to reality: a global call for concrete action against racism, racial discrimination, xenophobia and related intolerance (Africa Group)
  2. Technical assistance and capacity-building in the field of human rights in the Democratic Republic of the Congo (Africa Group)
  3. Question of the death penalty (Benin, Belgium, Costa Rica, France, Mexico, Mongolia, Republic of Moldova, Switzerland)
  4. Special Rapporteur on truth, justice, reparation and guarantees of non-recurrence – mandate renewal (Argentina, Morocco, Switzerland)
  5. Human rights and Indigenous Peoples (Guatemala, Mexico)
  6. Special Rapporteur on the situation of human rights in Afghanistan – mandate renewal (EU)   
  7. Special Rapporteur on the situation of human rights in Burundi – mandate renewal (EU)
  8. Working Group on enforced or involuntary disappearances – mandate renewal (Argentina, France, Japan, Morocco)
  9. Implementation of the UN declaration on the rights of peasants and other people working in rural areas (Bolivia)
  10. Technical assistance and capacity-building for Yemen in the field of human rights (Lebanon on behalf of the Arab Group)
  11. Special Rapporteur on Russia – mandate renewal (Luxembourg on behalf of 26 EU countries)
  12. Right to privacy in the digital age (Austria, Brazil, Germany, Liechtenstein, Mexico)
  13. A world of sports free from racism, racial discrimination, xenophobia and related intolerance (Brazil and Africa Group)
  14. Cooperation with the United Nations, its representatives and mechanisms in the field of human rights (Fiji, Ghana, Hungary, Ireland, Uruguay)

The core group on Sudan (Germany, Norway, UK, US) announced that they are considering presenting a resolution on Sudan at this session. The core group on Syria (Germany, France, Italy, Jordan, Netherlands, Qatar, Turkiye, UK, USA) also announced that they are considering presenting a resolution on the human rights situation in Syria.

Read here the three year programme of work of the Council with supplementary information.

Read here ISHR’s recommendations on the key issues that are or should be on the agenda of the UN Human Rights Council in 2023.

https://ishr.ch/latest-updates/hrc54-key-issues-on-agenda-of-september-2023-session/

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HRDs from Hong Kong fear arrest warrants and bounty

July 19, 2023

On 13 July 2023 the ITUC has protested to the Hong Kong authorities, the ILO and the UN over its deep concern about the escalation in the climate of fear, intimidation, arrests, arbitrary prosecutions, threats for the exercise of trade union rights and civil liberties in Hong Kong.

In particular, the disproportionate and unwarranted extra-territorial application of the National Security Law to target trade unionists, human rights defenders and pro-democracy advocates by the Authorities of the Hong Kong Special Administrative Region (HKSAR) undermines its commitment to fulfil their international obligations.

The ITUC has called on the HKSAR Chief Executive Officer to respect and fully implement the conclusions and recommendations of ILO supervisory bodies and UN Human Rights bodies, in law and practice, including those regarding the National Security Law.

And he has been urged to release all those arrested and imprisoned for allegations related to the exercise of civil liberties including freedom of assembly, expression, press and association and those participating in pro-democracy activities.

On 4 July 2023, the HKSAR authorities announced, under the National Security Law, the issuance of arrest warrants against eight human rights defenders and pro-democracy advocates and placed a bounty of HK$ one million on each of their heads.

ITUC Acting General Secretary Luc Triangle said: “We unequivocally deplore the HKSAR authorities’ criminalisation and securitisation of trade union and democracy-promoting activities. We consider it particularly egregious, especially given the risks to life and safety faced by trade unionists, human rights defenders and pro-democracy advocates around the world for their legitimate activities, that the HKSAR authorities approved and announced a bounty on the heads of these eight people for exercising their civil liberties or trade union rights.

“As a special administrative region of a member State of the ILO, China, the HKSAR is also obliged to respect and promote the fundamental principles and rights at work including freedom of association and treat with the utmost regard, the authoritative guidance of the ILO’s supervisory bodies.”

The ITUC letter of protest sets out the recent findings of the ILO and other UN bodies on the abuse of workers’ and trade union rights by the HKSAR. It says that seeking to apply the National Security Law in an extraterritorial manner and placing a bounty on the heads of pro-democracy advocates and human rights defenders for alleged crimes related to the exercise of civil liberties and trade union rights is an overreach and certainly not proportionate – its coercive and chilling effective is wide ranging. With the use of the National Security Law in this disproportionate and arbitrary manner, the HKSAR authorities are violating their obligations under the Constitution of the ILO and Convention 87.

https://www.ituc-csi.org/hong-kong-bounty-en
https://www.ituc-csi.org/hong-kong-bounty-enhttps://www.ituc-csi.org/hong-kong-bounty-en
https://www.ituc-csi.org/hong-kong-bounty-en

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New wave of repression against human rights lawyers unleashed in China

July 12, 2023

In a joint statement published today, over 60 human rights organisations {such as the ISHR}, bar associations, scholars and Chinese human rights activists in exile urge global attention to the Chinese government’s new wave of repression against human rights lawyers unfolding over the past three months.

Human rights lawyers are a cornerstone of China’s human rights movement. From Uyghurs, Tibetans and Hong Kongers, to religious minorities, LGBTQI and feminist advocates, journalists, and political dissidents: human rights lawyers defend the full spectrum of civil society. They accompany and empower the most vulnerable against land evictions, discrimination, health scandals, or extra-legal detention. They embody the promise of rule of law and hold the government accountable to its commitments under China’s constitution, laws, and the international human rights treaties it has ratified. They ensure that no one is left behind.

As a result of this work, for many years and particularly since the round-up of over 300 human rights lawyers and legal assistants in the days following July 9, 2015 – an episode known as the 709 crackdown -, this profession has been ‘effectively criminalised in China,’ according to UN experts.

This year alone, Chinese authorities have passed harsh sentences on national security grounds of ‘subversion of State power’ against three lawyers who had attended a private gathering: Xu Zhiyong (14 years), Ding Jiaxi (12 years) and Chang Weiping (3.5 years). [see: https://humanrightsdefenders.blog/2023/04/11/xu-zhiyong-and-ding-jiaxi-two-human-rights-defenders-in-china-sentenced/]Xu’s partner, feminist activist Li Qiaochu was also recently put on trial behind closed doors, being denied both a lawyer and access to healthcare.[see also: https://www.netherlandsandyou.nl/latest-news/news/2022/12/09/index]

Previously, lawyer Yu Wensheng – recipient of the 2021 Martin Ennals Award for Human Rights Defenders – and his wife Xu Yan had also been arrested on their way to the Delegation of the European Union in Beijing, over a year after Yu’s release. See: https://www.trueheroesfilms.org/thedigest/laureates/69fc7057-b583-40c3-b6fa-b8603531248e

China’s abuse of national security to target lawyers has been growingly mimicked in Hong Kong, where Chow Hang-tung and Albert Ho are awaiting trial under the territory’s overbroad National Security Law.

Beyond arrests, authorities are also increasingly using travel bans and enforced disappearances – including through a criminal procedure known as ‘Residential Surveillance at a Designated Location’ (RSDL) – to intimidate and silence human rights lawyers. Lawyer Li Heping and his family were intercepted at Chengdu airport in June this year, while lawyer Tang Jitian was detained for 398 days for attempting to attend a Human Rights Day celebration in December 2021. For RSDL, see: https://humanrightsdefenders.blog/tag/residential-surveillance-at-a-designated-location-rsdl/

Released lawyers increasingly face disbarment, while their relatives, including underage children, are subjected to unrelenting harassment from the authorities. In recent months, Beijing-based lawyer Wang Quanzhang and his family have been forced to move 13 times, reporting constant threats and repeated cuts to their gas and electricity supply.

‘Human rights lawyers are one of the last avenues left to Chinese citizens seeking justice for the trampling of their most basic rights. Without sustained global pressure, the government will ramp up its campaign to imprison, disbar or silence these critical advocates for a more equal, just and rights-respecting China.‘

Raphael Viana David, ISHR’s China Programme Manager

Detained human rights lawyers are constantly subject to physical and psychological torture and ill-treatment in pre-trial detention and prison. They are routinely denied contact with their relatives and access to medical care, despite critical health issues. The government impedes family-appointed lawyers from accessing court documents and representing victims, instead imposing government-appointed lawyers whose identities are not disclosed or refuse to communicate with relatives. Detained lawyers are often convicted during sham closed-door trials, without notification to families nor disclosure of court verdicts for prolonged periods.

My husband Ding Jiaxi and his colleagues always fought for what’s right, despite knowing they risked being disappeared, tortured, disbarred. Their bravery is only equalled by their moral commitment to defending the rights of the most vulnerable, enshrined in China’s constitution and international treaties. Their sacrifice cannot be in vain: governments should stand with China’s human rights lawyers.

Sophie Luo Shengchun, human rights activist and wife of Ding Jiaxi

The UN Working Group on Arbitrary Detention has determined that China has a ‘systemic problem with arbitrary detention which amounts to a serious violation of international law.’

Against this new wave of repression, which has been known as the ‘709 crackdown 2.0’, the 63 signatories call on the international community to urge the Chinese government to:

  • Put an end to its crackdown on human rights lawyers and defenders;
  • Immediately and unconditionally release all those arbitrarily detained;
  • Amend laws and regulations, including national security legislation, its Criminal Law and Criminal Procedure Law, to bring them into full compliance with international human rights standards; and meaningfully cooperate with the United Nations human rights bodies to that end.

Full statement here in English and Chinese

https://ishr.ch/latest-updates/china-unleashing-new-wave-of-repression-against-human-rights-lawyers-global-response-needed/

https://thediplomat.com/2023/07/8-years-after-709-persecution-of-chinese-human-rights-lawyers-continues/

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Human Rights Measurement Initiatives – 2023 Human Rights Data Release on Asian countries

June 16, 2023

On 14 June 2023 FORUM-ASIA announced the upcoming 2023 Human Rights Data Release by affiliate member, the Human Rights Measurement Initiatives (HRMI) based in New Zealand. HRMI will this June unveil the latest findings on civil and political rights, economic and social rights (ESR), and human rights in East Asia. On June 22nd, HRMI will present the civil and political rights data, including the measurement of Freedom of Religion and Belief in nine countries, as well as scores for Bangladesh, Thailand, and the Maldives. On June 29th, they will reveal the economic and social rights data, highlighting the crucial role of ESR data in increasing investment in low-income countries and its correlation with wealth improvement. Furthermore, on June 28th, HRMI will delve into the human rights situation in China, Hong Kong, and Taiwan, exploring topics such as the evolving freedom of opinion and expression and the impact of Hong Kong’s National Security Law. Esteemed guest panelists will share their valuable insights and provide context to the scores.

For HRMI see: https://humanrightsdefenders.blog/2023/06/16/human-rights-measurement-initiative-hrmi-explained/

Civil and political rights data launch

June 22nd 2023 11pm NZ Standard Time

2023 civil and political rights data, including measuring Freedom of Religion and Belief in 9 countries, producing scores for Bangladesh, Thailand, and the Maldives, producing people at risk data about sex workers, and much more.

You can register for the zoom webinar here, it will also be livestreamed on Youtube here.

Economic and social rights data launch

June 29th 2023 Every time zone

2023 economic and social rights (ESR) data, including the role of ESR data in increasing investment in low income countries, how improving ESRs increases wealth, and much more.

You can register for our zoom webinar here, it will also be livestreamed on Youtube here.

Human rights in East Asia data launch

June 28th Every time zone

China, Hong Kong, and Taiwan’s 2023 human rights data, including how freedom of opinion and expression are evolving in these countries, the impact of Hong Kong’s National Security Law on human rights, and much more.

You can join the zoom webinar here (no registration required), it will also be livestreamed on Youtube here.

See also: https://humanrightsdefenders.blog/2019/08/22/new-zealand-funds-much-needed-human-rights-monitoring-in-the-pacific/

https://forum-asia.org/?p=38262

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NGOs condemn arbitrary arrest of pro-democracy activists in Hong Kong

May 15, 2022

NOGs (such as Human Rights Watch and the Human Rights Foundation) have condemned the arrest of Cardinal Joseph Zen, as well as the lawyer Joseph Zen, the singer Denise Ho and the scholar Hui Po-Keung, for having maintained contacts with foreign forces in Hong Kong.

HRW Senior China researcher Maya Wang, said that “the arrest of a 90-year-old cardinal is the latest example of the city’s human rights freefall in recent years.”

The four, along with former lawmaker Cyd Ho, who is already in jail, were part of the 612 Humanitarian Aid Fund, which provided medical, legal and psychological help to protesters arrested during the 2019 pro-democracy protests in Hong Kong. Kong.

Denise Ho, Margaret Ng, and others affiliated with Stand News, an independent pro-democracy online publication, were previously arrested by national security police in December 2021 under allegations of publishing “seditious” and “inflammatory” materials. Denise Ho formerly served on the board of Stand News, but stepped down in November 2021. Meanwhile, the 612 Humanitarian Support Fund ceased operations in October 2021 after national security police and Chinese state-backed media requested information on its beneficiaries and donors.

Maya Wang has specified that Hong Kong has “long been a regional leader in openness and respect for the rule of law, but now competes for the first places in Asia for repression and political prisoners.”

“The people of Hong Kong have been unequivocal in their demand for human rights, and governments around the world should be unequivocal in their response to that call,” concluded the HRW researcher.

https://mailchi.mp/hrf.org/hong-kong-hrf-condemns-arbitrary-arrest-of-denise-ho-and-colleagues?e=f80cec329e

HRW denounces the arrest of Cardinal Joseph Zen and three others in Hong Kong

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Press Freedom Awards in Hong Kong cancelled

April 29, 2022

Oiwan Lam on 26 April 2022 reported that Hong Kong’s Foreign Correspondents’ Club has canceled its Human Rights Awards for fear of “legal risks”

Image created by Oiwan Lam.

The Foreign Correspondents’ Club, Hong Kong (FCC HK), a press freedom watchdog, announced they would cancel their 2022 Human Rights Press Awards (HRPA) on April 25.  Eight members of the Club’s Press Freedom Committee have resigned in protest over the decision. 

Many foreign correspondents were shocked by the decision. Launched in 1995,  the HRPA has been one of the most important platforms to celebrate and honour human rights journalism from around Asia. The Club normally announces the winners on May 3, World Press Freedom Day.

Hong Kong Free Press (HKFP) quoted sources from FCC HK that the cancellation was related to the legal risks in presenting awards to the now-defunct Stand News. Two former senior staff members of the independent news outlet have been charged with conspiring to publish “seditious publications” pending trial. 

Stand News was forced to shut down last December after security police raided its office. The police authorities accused the news site of publishing “seditious materials” with the intent to cause hatred towards the government and the judiciary. 

An FCC member told the HKFP that Stand News would receive four awards and five merits in this year’s award, but “certain items” would pose a legal risk. 

In a letter to the Club’s members, the president of FCC HK Keith Richburg said the decision was made in the organization’s board meeting on April 23:

Over the last two years, journalists in Hong Kong have been operating under new “red lines” on what is and is not permissible, but there remain significant areas of uncertainty and we do not wish unintentionally to violate the law. This is the context in which we decided to suspend the Awards.

The letter also says that “recent developments might also require changes to our [FCC HK’s] approach” in the promotion of press freedom.

As the city’s incoming Chief Executive John Lee has vowed to apply the “strictest measures” to clamp down on “anyone who tries to use journalistic work as a shield to engage in crimes endangering national security” in response to the crackdown on Apple Daily, FCC HK’s anticipation of legal risks is valid.

Yet, as a press freedom watchdog, many see the choice to ax the awards as an act of self-censorship antithetical to the organization’s purpose, as independent journalist Ilaria Maria Sala wrote on Twitter:

Eight members of the Club’s press freedom committee have resigned in protest over the decision. Shibani Mahtani, Washington Post’s Southeast Asia and Hong Kong Bureau Chief, is one of the resignees. As one of the winners of the Human Rights Press Awards in 2020, Shibani Mahtani expressed her regrets about the decision and explained, in a Twitter thread, the significance of the annual occasion in Asia: See also: https://humanrightsdefenders.blog/2016/12/01/rsfs-press-freedom-prize-2016-goes-to-the-64-tianwang-website-in-china/

For more on the real, unannounced winners: https://hongkongfp.com/2022/04/27/in-full-winners-of-the-axed-fcc-human-rights-press-awards-revealed/

see also for future editions:

Hong Kong’s axed Human Rights Press Awards to be hosted by Arizona State University from 2023

https://www.scmp.com/news/hong-kong/politics/article/3176537/american-university-taking-over-hong-kong-press-groups

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Crackdown habit now extends to Hong Kong

January 7, 2021

For those who thought that the new National Security Law (NSL) in Hong Kong would not be used so harshly or quickly, the latest salvo against the pro-democracy movement in Hong Kong is a rude wake up call: more than 50 people were arrested in the early hours of Wednesday 6 January 2021. Pro-democracy politicians and campaigners had their homes raided before being detained in an unprecedented crackdown. On 6 January 2021 Seth Farsides for the International Observatory for Human Rights described the scene:

In total, 53 individuals were detained on 6 January 2021 under provisions of the National Security Law (NSL), which was imposed on Hong Kong by the Chinese mainland in June 2020. The individuals stand accused of “subverting state power”, following a number of primaries being conducted for pro-democracy candidates ahead of the delayed Hong Kong election which had been due to take place in September 2020.

Today’s raids further demonstrate Carrie Lam’s willingness to stifle opposition movements and deny the people of Hong Kong a free and fair election. More than 1,000 officers were involved in an operation that “look[ed] more like a purge than law enforcement” according to Tom Cheshire, Asia correspondent for Sky news.

Among those arrested were several former lawmakers and district councillors, organiser of the primaries Benny Tai and American lawyer John Clancey and Robert Chung who provided the technology that carried out the poll through the Hong Kong Public Opinion Research Institute, of which he is the executive director.

It was reported that Joshua Wong was also raided by police, according to his Twitter account, while newspapers Apple Daily and the Stand were visited by police seeking contact information of primary candidates. {see also: https://humanrightsdefenders.blog/2020/12/10/albert-ho-wins-baldwin-medal-2020/]

Many of those arrested managed to livestream the events, with at least one capturing footage of authorities confirming their arrest was linked to participating in primary polling. Pro-Democrats had been aiming to win 35 seats in the upcoming election, a majority in the 70 seat LegCo.

Valerie Peay, Director of the International Observatory of Human Rights and past Hong Kong resident voiced her outrage at the move, saying:

“At what point of this travesty will the UK Government hold China accountable for not only dismantling all protections put in place to protect the rights of the Hong Kong people but corrupting all sense of the rule of law? Almost all of the people arrested today were born in Hong Kong pre 1997 under British freedoms. Do their lives count for so little that we will not lift a finger to protect them now less than 24 years later?”

In practice, this means that acts considered commonplace in western democracies – such as standing in elections – can now be punished in the once semi-autonomous city. Amnesty International’s Asia-Pacific Regional Director Yamini Mishra said:

“Charging dozens of pro-democracy lawmakers and activists with ‘subversion’, just because they held their own informal primary contest, is a blatant attack on their rights to peaceful expression and association. People have a legitimate right to take part in public affairs. Political opposition should not be silenced just because the authorities don’t like it.

This is not the first crackdown under the NSL – although it is the most extensive single operation. In December 2020, the owner of Hong Kong tabloid Apple Daily, Jimmy Lai was charged with violating the law and Tony Chung, a teenage activist, was found guilty under the law for defiling a Chinese flag….For Jimmy Lai, see later: https://www.independent.co.uk/asia/china/hong-kong-jimmy-lai-un-apple-daily-b2055452.html

Between China’s election in October and taking its seat on the Human Rights Council on 1 January 2021, IOHR tracked over 100 human rights abuses, not including the ongoing daily abuse of the Uyghur Muslims. Within this, 17 abuses directly related to China’s actions in Hong Kong, including: The arbitrary detention of Hong Kong residents, establishment of a ‘snitching hotline’ incentivising residents to report violations of the NSL, requiring lawmakers to pass a ‘patriotism’ test, and the detention of three opposition lawmakers.

A slither of hope for those detained today might manifest in Hong Kong’s courtrooms. So far, Hong Kong’s courts have dismissed many of the charges brought against protesters under former laws and Hong Kong’s, albeit outgoing, chief justice has reaffirmed the courts commitment to the rule of law.

Worryingly, the NSL provides for the possibility of trials on the Chinese mainland and China’s Hong Kong and Macau Affairs Office has also lobbied for the need for “”judicial reform” in Hong Kong itself.

See also: https://humanrightsdefenders.blog/2020/12/18/chinas-continuing-crackdown-on-human-rights-lawyers-shocking-say-un-experts/

https://observatoryihr.org/news/unprecedented-crackdown-sees-more-than-50-of-hong-kongs-pro-democracy-movement-arrested/

https://mailchi.mp/hrf.org/last-chance-to-support-hrf-in-287987?e=f80cec329e

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Chinese sensitivity again on display re human rights awards

August 29, 2020
Kunal Gaurav in Republic World of 29 August 2020 illustrates again how extremely sensitive China remains with regard to human rights awards, unwittingly underlining the strong symbolic value they can have.

China

China has warned Norway against awarding Nobel Peace Prize to pro-democracy activists of Hong Kong, saying it doesn’t want to see the politicisation of the award. Chinese Foreign Minister Wang Yi was on a rare visit to Norway as the country prepares to take up the rotational seat of United Nations Security Council, of which China is a permanent member, for 2021-22.

“I would only say one thing: In the past, today, and in future, China will firmly reject any attempt by anyone to use the Nobel Peace Prize to interfere in China’s internal affairs,” Wang told reporters when asked about the possibility.

The decision to award the Nobel Peace Prize to Dalai Lama, head monk of Tibetan Buddhism, for his willingness to compromise and seek reconciliation despite brutal violations had irked China. Later, the Nobel Foundation awarded the prize to Lui Xiaobo for his long and non-violent struggle for fundamental human rights in China. The decision immediately froze diplomatic relations between Norway and China, which resumed in December 2016.

Hong Kong has been the epicentre of pro-democracy protests and China enforced a controversial security law which has allegedly undermined the autonomy of the region. Several countries have revoked the extradition treaty with the semi-autonomous region, calling the draconian law as a flagrant violation of Sino-British agreement after which the city returned to Chinese rule.

According to a Hong Kong daily, the foreign minister said that the Chinese government doesn’t want to see anyone politicise the Nobel Peace Prize. Calling on Norway to cherish the current relationship, Wang said that the bilateral relationship can continue to develop in a sustained and sound manner if both parties can “continue to respect each other and treat each other as equals.”

At a press briefing on August 28, Norwegian Foreign Minister Ine Eriksen Søreide said that the leaders had an extensive discussion ranging from COVID-19 response to international trade and the free-trade agreement. She said that they also had extensive discussions on human rights, an issue of international concern given China’s history and ongoing crackdown in Xinjiang.

https://www.republicworld.com/world-news/china/china-warns-norway-against-awarding-nobel-peace-prize-to-hong-kong-act.html

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Oslo Freedom Forum 24-25 September goes on-line

August 17, 2020

For the first time, the Human Rights Foundation (HRF) is bringing its Oslo Freedom Forum (OFF) online. “While the circumstances may keep us apart, our commitment to supporting activists in their struggle against authoritarian regimes is stronger than ever. Join us online from September 24-25 for the only virtual conference that puts human rights at the top of the global agenda. The political and health crises of the past six months have reminded us how authoritarians use human tragedy to advance their own agendas. Corrupt regimes around the world have exploited the COVID-19 pandemic to impose restrictions on freedom of speech, to arrest peaceful protesters, and to silence dissent. The courage and determination of activists and citizens alike have been tested, yet they remain resilient in the face of tyranny.”

Confirmed speakers for the 2020 Oslo Freedom Forum include:

  • Taiwan’s Digital Minister Audrey Tang
  • Twitter and Square CEO Jack Dorsey
  • Uyghur journalist Gulchehra Hoja
  • Thai opposition leader Thanathorn Juangroongruangkit
  • Gambian anti-rape activist and survivor Fatou Toufah Jallow
  • Exiled Hong Kong pro-democracy activist Nathan Law
  • North Korean defector Eunhee Park
  • Sudanese doctor and pro-democracy activist Mohamed Nagi Alassam
  • Russian investigative journalist Lyudmila Savchuk
  • Cuban environmentalist and LGBTQ+ rights activist Ariel Ruiz Urquiola
  • “Who Owns Huawei?” author and professor Christopher Balding
  • Oscar-winning film director Bryan Fogel

More speakers to be announced soon.  

See also: https://humanrightsdefenders.blog/2019/05/21/human-rights-foundation-uses-2019-oslo-freedom-forum-for-rebranding/

Oslo Freedom Forum

 

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UK criticised for selling spyware and wiretaps to 17 repressive regimes including Saudi Arabia and China

July 13, 2020

Jon Stone in the Independent of 13 july 2020 wrote about the UK Government being urged to explain £75m exports to countries rated ‘not free’. The British government is providing more than a dozen repressive regimes around the world with wiretaps, spyware and other telecommunications interception equipment they could use to spy on dissidents, public records show. Despite rules saying the UK should not export security goods to countries that might use them for internal repression, ministers have signed off more than £75m in such exports over the past five years to states rated “not free” by the NGO Freedom House.

The 17 countries include China, Saudi Arabia and Bahrain, as well as the United Arab Emirates, which was the biggest recipient of licences totalling £11.5m alone since 2015….One such beneficiary of the UK’s exports is Hong Kong, which had a £2m shipment approved last year despite ongoing repression of pro-democracy protests. The Philippines, where police extrajudicial killings are rampant, has also provided steady business for British firms hawking surveillance systems.,,

A government spokesperson said blandly : “The government takes its export responsibilities seriously and assesses all export licences in accordance with strict licensing criteria. We will not issue any export licences where to do so would be inconsistent with these criteria.” But Oliver Feeley-Sprague, Amnesty International UK’s programme director for military, security and police affairs, said the UK did not seem to be undertaking proper risk assessments when selling such equipment and said the government’s controls were becoming “notorious” for their “faulty decision-making”…

“With numerous human rights defenders arrested and jailed in countries like Saudi Arabia, the UAE and Turkey in the past five years, there’s a greater need than ever for the UK to be absolutely scrupulous in assessing the risk of UK telecoms technology being used unlawfully against human rights activists, journalists, and peaceful opposition figures.

“It’s just not clear that the UK is undertaking proper risk assessments when selling this equipment, and it’s not clear whether UK officials are making any effort to track how the equipment is used in one, two or three years’ time.

This week international trade secretary Liz Truss announced the UK would be resuming arms exports to Saudi Arabia, after a court had previously ordered that they were suspended. The government said it had reviewed claims that Saudi forces in Yemen had breached international humanitarian law and said any possible breaches were “isolated incidents” because they had happened in different places and different ways.

Andrew Smith of Campaign Against Arms Trade said the sale of the spying equipment raised “serious questions and concerns”.

See also: https://humanrightsdefenders.blog/2019/05/14/beyond-whatsapp-and-nso-how-human-rights-defenders-are-targeted-by-cyberattacks/

https://www.independent.co.uk/news/uk/politics/uk-spyware-wiretaps-saudi-arabia-china-bahrain-uae-human-rights-a9613206.html

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