On 11 July 2023 EFE reported that Vietnam had released Vietnamese-Australian activist Chau Van Kham, sentenced in 2019 to 12 years in prison for extremism over his ties to the Viet Tan pro-democratic party.
Australian Prime Minister Anthony Albanese said he “very much welcomes the release of Chau,” in remarks Monday from Berlin, through Australian public broadcaster ABC.
Chau’s lawyer Dan Nguyen said in a statement through Amnesty International Australia that the activist, who returned Monday night to Australia, is with his wife and two sons. He also thanked the government’s, organizations and individuals’ efforts that fought for his release.
This was due to Chau, 73, being linked to pro-democratic group Viet Tan, considered an extremist entity in the country but a human rights organization in Australia.
Deputy Australian Prime Minister Richard Marles said Chau was released on “humanitarian” reasons and “in the spirit of friendship which exists between Australia and Vietnam,” according to ABC.
Chau is one of “more than 150 political activists in Vietnam who have been detained for peaceful acts in favor of freedom of expression,” Human Rights Watch Asia Human Rights Director Elaine Pearson said in a statement.
Pearson spoke of journalist Dang Dihn Bach and activists Mai Phan Loi, Dang Dinh Bach, and Hoang Thi Minh Hong among them and urged Australia to continue advocating for their release.
The exact number of political prisoners in Vietnam is unknown, as numbers provided by different human rights organizations have discrepancies.
While Human Rights Watch says the total exceeds 150, Amnesty International said there were 128 political prisoners in the country last year. Dissident organization Defend the Defenders raised the number to more than 250.
Aftonbladet, the biggest daily newspaper of Sweden published a call where it was stated that the Turkish authorities and President Recep Tayyip Erdoğan among them, are making calls, at every opportunity, for Sweden to repatriate some authors, journalists, academicians, and human rights defenders living freely in Sweden by obtaining refugee status, the number of whom ranges between 33 and 130.
“Simultaneously with Turkey requesting Sweden to repatriate its opponents, Sweden is facing the largest organized criminal actions in its history. Almost every day comes reports of armed attacks and killings from all parts of Sweden,” the call states*.
“It is as if anyone can be killed anywhere at any time. Most of these cruel attacks are being organized by Swedish criminals now living in luxury in Turkey. These criminals have obtained Turkish citizenship and Turkey is therefore arguing that they cannot be returned to Sweden.”
“One such leader of a criminal gang threatening security in our country is Rawa Majid, the leader of the criminal organization called “Foxtrot” (with nickname Kurdish Fox). Another one organizing these crimes belongs to the group called Bandidos .”
“On the one side, Turkey claims to be fighting terrorism and requests that people who are in Sweden because of their political opinions to be returned to Turkey. On the other side, the country is rejecting to return to Sweden criminals of grave offences, people who risk the security and the future generations in Sweden.
“No, this cannot go on Turkey! It is time to act like a serious state. Return the “Kurdish Fox” and the other criminal people from Sweden to Sweden.”
The signatories of the call:
Kurdo Baksi, Author Göran Eriksson, Ex-Chief of Stockholm Workers Education Center (ABF) Göran Greider, Author, Dala-Demokraten Gazetesi Baş Redaktörü Pierre Schori, Ex-Minister responsible for Refugees and UN Ambassador Olle Svenning, Author
On 6 July 2023 Janika Spannagel in Open Global Rights comes with a study of great importance to the work for human rights defenders. The researcher states that “focusing only on defenders’ physical integrity risks undermining the very idea of supporting agents of human rights change” and that there is a need to Rethink campaigns on human rights defenders
Instead of summarising I will provide large quotes:
,,,,The theory of change put forward by actors, including Front Line Defenders, International Service for Human Rights, and many others, claims that by protecting local human rights activists, international campaigns can support them in their work to advance human rights protection on the ground. This assumption appears plausible and aligns with prominent accounts in academic human rights literature, where domestic activists’ protection from repression is seen as a way to open spaces for them to challenge the regime and enact change.
That said, empirical evidence from UN casework and the experience of Tunisian defenders shows that this promise has not been fulfilled when it comes to human rights defenders in authoritarian regimes, as I show in my recent book. There, I argue that, while international attention can have important protective benefits, it does little to support individual human rights defenders as agents of change in repressive contexts. [Emphasis added]
The reason for this is that international casework on defenders, including urgent action–like campaigns or UN communications, maintain the traditional focus on physical integrity rights that has guided the long-standing casework on political imprisonment, torture, or enforced disappearances. In doing so, it overlooks the many administrative, discursive, and covert forms of repression that typically bypass international scrutiny more broadly but that often very effectively disrupt and thwart defenders’ work toward change.
The analysis of over 12,000 individual cases of human rights activists taken up by the UN special rapporteur on human rights defenders between 2000 and 2016 reveals that, in almost three-quarters of them, at least one of the violations described fell within the category of physical integrity violations. Detention cases alone made up 56% of all cases raised during that period. In contrast, only 4% of the cases dealt exclusively with softer types of repression, such as travel bans, bureaucratic issues, job dismissals, surveillance, or defamation.
This distribution far from represents the everyday experience of human rights defenders in authoritarian states—instead, it is reflective of a humanitarian instinct in human rights casework to privilege cases that are considered most severe. One could argue that UN communications, and perhaps attention-based campaigning more broadly, are inherently humanitarian, not transformative instruments. But one should ask: What, then, is the purpose of focusing on human rights defenders, as opposed to any victim of repression? [Emphasis added]
The priority given to physical integrity violations has two important adverse consequences. First, we can see that the data profoundly shape our understanding of what human rights defenders are struggling with. For example, on the basis of such data a CIVICUS report claims that in order to repress civic space, states resort “most often” to detention of activists, attacks against journalists, and excessive use of force against protesters. The human rights community’s own focus on violent repression thus paradoxically misleads us to believe that this is where most attention is needed.
Secondly, this focus reinforces a protection gap for violations that fall outside of the conventional notion of state repression as physically harmful and as undeniably politically motivated. Research on repression highlights that authoritarian states engage in repressive substitution, where they replace highly scrutinized coercive tactics—typically harder and overt types of repression—with softer and more covert measures. The case of Tunisia under Ben Ali aptly illustrates the strong impact of such tactics on defenders’ ability to carry out meaningful work.
When analyzing the further development of cases taken up by the UN, I also found that, while some positive effects of the UN’s attention could be identified for most of them, many did not see an actual improvement relative to the reported violations over the course of the next year; where they did, it was mostly an easing of harder repression. Ultimately, there is a real risk that governments continue to use hard repression to increase their bargaining power and then pass off a release from prison as a costly concession, while in reality imposing softer but equally effective measures against the activist in question.
With this problem in mind, what could be done differently? Casework that follows a transformative logic should not seek to maximize the reduction of physical harm—the humanitarian logic—but should define protection needs in terms of safeguarding a defender’s ability to do effective human rights work.
Those engaging in casework and campaigns on human rights defenders should actively revisit their priorities in terms of the violations they tend to address. Far too often, softer repression remains unreported, unnoticed, and not acted upon, which effectively creates a twilight zone in which authoritarian states can comfortably stifle opposition voices without risking much pushback. We owe it to the countless number of human rights activists around the world to ensure that the label of “human rights defender” does not merely serve to laud their heroism and excite donors and the media, but that it is dedicated to fulfilling its promise of human rights change.
The Human Rights Council should urgently address the deterioration of the human rights situation in Tunisia, four human rights organizations said on 27 June 2023 as the 53rd Council’s session is underway.
In a letter sent to UN Member States’ Representatives on 5 June 2023, the four undersigned organizations warned against the rapidly worsening situation in Tunisia, and urged States to seize the opportunity of the ongoing Human Rights Council’s session to address it. The organizations called on the Council and Member States to press the Tunisian authorities to comply with their obligations under international human rights law particularly those guaranteeing the rights to fair trial, freedom of expression, freedom of peaceful assembly and association, and non-discrimination.
The Human Rights Council should urge Tunisia to end the ongoing crackdown on peaceful dissent and freedom of expression, and drop charges against, and release, all individuals being detained and prosecuted solely on the basis of their peaceful political activities and the exercise of their human rights. The Council should also call on Tunisia to conduct prompt, thorough, independent, impartial and transparent and investigation into a wave of anti-Black violence – including assaults and summary evictions – against Black African foreign nationals, including migrants, asylum seekers and refugees, and bring to justice anyone reasonably suspected to be responsible, and provide victims with access to justice and effective remedies.
Over the past two years, Tunisia has witnessed a significant rollback on human rights. Judicial independence guarantees have been dismantled and individual judges and prosecutors have been subjected to arbitrary dismissal, politicized criminal prosecutions and increased interference by the executive. Lawyers are being prosecuted for the discharge of their professional duties and exercise of their right to freedom of expression.
‘The Tunisian authorities’ interference in the judiciary and attacks on lawyers have greatly undermined the right to fair trial and public trust in the integrity of the justice system. The authorities must ensure that the courts are not weaponized to crush dissent and free expression,’ said International Commission of Jurists’ MENA director Said Benarbia.
Under the guise of ‘fighting offences related to information and communication systems’, punishable by up to a 10 years’ imprisonment and a hefty fine according to Decree Law 54, at least 13 individuals, including journalists, political opponents, lawyers, human rights defenders and activists, have been subject to police or judicial investigations and are facing possible prosecutions.
‘With Tunisia facing political uncertainty and economic crisis, it’s more important than ever that Tunisians be free to debate their country’s future without fear of reprisal. The authorities should strive to allow the effective enjoyment of the right to freedom of expression of everyone; instead, they are attacking it,’ said Rawya Rageh, Amnesty International’s acting deputy director for the Middle East and North Africa.
Last week, the UN High Commissioner for Human Rights called on the Tunisian authorities to stop restricting media freedoms and criminalizing independent journalism. In a statement published on 23 June, Volker Türk expressed deep concern at the increasing restrictions on the right to freedom of expression and press freedom in Tunisia, noting that vague legislation is being used to criminalize independent journalism and stifle criticism of the authorities. ‘It is troubling to see Tunisia, a country that once held so much hope, regressing and losing the human rights gains of the last decade,’ said the High Commissioner.
Since February 2023, a wave of arrests targeted political opponents and perceived critics of Tunisia’s President, Kais Saied. In the absence of credible evidence of any offences, judges are investigating at least 48 people, such as dissidents, opposition figures, and lawyers, for allegedly conspiring against the State or threatening State security, among other charges. At least 17 of them are being investigated under Tunisia’s 2015 counter-terrorism law.
‘By jailing political leaders and banning opposition meetings, the authorities are dangerously trampling on the fundamental rights that underpin a vibrant democracy. The democratic backsliding and the human rights violations, which are unprecedented since the 2011 revolution, require urgent attention from the Human Rights Council and Member States,’ said Salsabil Chellali, Tunisia director at Human Rights Watch.
On 26 June 2023 HRW called on Spain use its six-month tenure as EU Presidency to translate into concrete and bold actions commitment to protect fundamental rights and the rule of law.
Spain holds the presidency as the world marks the 75th anniversary of the Universal Declaration of Human Rights (UDHR) on 10 December 2023. In anticipation of this pivotal moment Spain should make every effort to uphold the rights and values enshrined in this historic document.
HRW calls upon the Spanish government to consider the following priority issues and recommendations:
Fundamental Rights and Rule of Law in EU member states
Two EU member states – Hungary and Poland – currently face scrutiny under Article 7 of the Treaty on European Union (TEU)…
The freezing of EU recovery and cohesion funds under the conditionality mechanism represents a welcome step but it is insufficient to address the gravity of the erosion of rule of law and human rights. While Hungary and Poland have adopted some limited measures in response to requirements under the mechanism, these have failed to address fundamental and long-standing concerns. ….We urge the Council to hold the Polish and Hungarian governments to account by using the powers conferred to it under the Treaties and to fulfil the strong mandate to act given to it by the European Commission and Parliament. The urgency of Spain’s leadership and responsibility cannot be overstated as it is one of only two remaining presidencies before Hungary and Poland in turn assume leadership of the Council. It is highly likely that during that time progress on rule of law will at best stall, and at worst Article 7 scrutiny will come to an end altogether…
Rights-Respecting and Principled EU Migration Policy
Spain’s EU Council presidency comes at a critical time for the EU’s migration policy after the Council agreed on 8 June on a negotiating position on an EU-wide reform of its asylum and migration system. Given its mandate to lead on behalf of member states the negotiations with the European Parliament on a final agreement, Spain has an opportunity to broaden the scope for a rights-respecting approach.
We call on your government to:
Support the establishment of proactive, state-led SAR operations in the Mediterranean Sea that could involve expanding the mandates and capacity of existing initiatives like EUNAVFOR MED and Frontex, funding professional rescue NGOs and ensuring predictable disembarkation.
Promote a discussion on the critical role of NGOs to ensure that they are fully able to carry out their lifesaving SAR activities, instead of facing obstruction and criminal and administrative penalties; and provide platforms for discussion of cooperation between member state rescue coordination centers and NGOs.
Advocate for independent and effective border monitoring mechanisms to document human rights violations at EU external borders, such as unlawful pushbacks, to ensure accountability for those responsible for human rights abuses and access to justice for victims.
Ensure that migration cooperation with third countries, and all provision of financial, technical, and material assistance, are contingent on clear and verifiable human rights commitments.
Enable a constructive trialogue on the asylum procedures regulation and the asylum and migration management regulation with a view to limiting the use of accelerated border procedures, the detention of asylum seekers including families with children, and discretionary use of the “safe third country” concept.
Promote a discussion on establishing more safe and legal pathways for migration as called for by EU Justice and Home Affairs Commissioner Johansson.[8]
Human Rights as a Pillar of EU’s Foreign Policy
The EU is equipped with solid instruments to ensure that human rights protection remains at the centre of its external action. The EU has shown resolve in its response to Russia’s invasion of Ukraine and has led at the United Nations to address key human rights crises.
..
During its Presidency, we call on your government to:
Continue to combat impunity for crimes committed in Ukraine, including by providing adequate resources to the International Criminal Court’s (ICC) regular budget, advocating and supporting the implementation of ICC arrest warrants, pressing Ukraine to ratify the Rome Statute and supporting independent investigations and prosecutions under universal jurisdiction.
Continue to support Human Rights Defenders (HRDs) at risk and share your experience with other EU member states. Encourage other EU member states to learn from and replicate Spain’s forward-leaning approach with the Program for Support and Protection of Human Rights Defenders at Risk that provides dedicated one-year residential visas for HRDs. Advocate with EU member states to use their discretion and facilitate access by HRDs to multi-year multi-entry Schengen visas in line with EU guidelines.
…
Recalibrate EU’s engagement with China to address the government of China’s human rights record through measurable deliverables; counter the government of China’s flawed narratives on its own human rights record; reject efforts to undermine international human rights institutions; lead the creation of a UN investigative and monitoring mechanism for crimes against humanity committed in Xinjiang; sanction or hold accountable those responsible for such crimes; and make plans to reduce dependency on a government that assaults human rights both domestically and in its foreign policy.
The last 25 years have seen significant developments in international law and standards on the role, recognition and protection of human rights defenders. Five years ago, the Human Rights Defenders World Summit called for action, including to: “Take stock of the developments in normative frameworks related to the protection of defenders since 1998 and further develop and deepen the norms contained in the Declaration with the view to afford enhanced protection”. [see: https://humanrightsdefenders.blog/2019/11/01/one-year-after-the-2018-human-rights-defenders-world-summit/ as well as: https://humanrightsdefenders.blog/2018/12/18/premiere-powerful-video-summarizes-human-rights-defenders-world-summit-2018/]. The Declaration +25 Project is a civil society-led initiative that seeks to do just that while putting civil society at the centre of a conversation fundamental to them and their work – the right to defend rights.
A bit too late to actually follow the event (which took place on 20 June), I like to draw attention to the programme. The event was live-streamed on ISHR’s YouTube channel.
This side event, which is co-sponsored by a number of civil society organisations,
wanted to:
enhance awareness of the UN Declaration on human rights defenders, and of the Declaration +25 Project;
present developments in the last 25 years in international law and standards on the role, recognition and protection of human rights defenders;
encourage greater dialogue on the protection needs of defenders;
hear from human rights defenders on their protection needs and the role the Declaration has played to date.
Speakers:
Ketakandriana Rafitoson, Transparency International – Initiative Madagascar
Camila Zuluaga Hoyos, Colombian Commission of Jurists
Robby Mokgalaka, The Groundwork Trust, South Africa
Birgit Kainz-Labbe, Coordinator of Civic Space Unit, OHCHR
Moderator: Tess McEvoy, International Service for Human Rights
The 53rd session of the UN Human Rights Council started 19 June (to end on 14 July 2023). Thanks to the – as usual – excellent documentation prepared by the International Service for Human Rights (ISHR) I will highlight the themes mostly affecting HRDs.
To stay up-to-date you can follow @ISHRglobal and #HRC53 on Twitter, and look out for its Human Rights Council Monitor. During the session, follow the live-updated programme of work on Sched.
Here are some highlights of the session’s thematic discussions
Human rights of migrants
The Council will consider a resolution on the human rights of migrants this session, where a big problem is the criminalisation of the provision of solidarity and support, including rescues at sea, by migrant rights defenders.
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.
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 reports
At this 53rd session, the Council will discuss a range of civil, political, economic, social and cultural rights through dedicated debates with the mandate holders and the High Commissioner, including:
The Special Rapporteur on the rights to freedom of peaceful assembly and of association
The Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
The Special Rapporteur on the right to freedom of expression
The Special Rapporteur on the right to health
The Special Rapporteur on extrajudicial, summary of arbitrary executions
The Special Rapporteur on promotion and protection of human rights in the context of climate change
The Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance
The Working Group on the issue of human rights and transnational corporations and other business enterprises
The High Commissioner on the importance of casualty recording for the promotion and protection of human rights
The Special Adviser to the Secretary-General on the Prevention of Genocide
In addition, the Council will hold dedicated debates on the rights of specific groups including:
The Working Group on discrimination against women and girls
The Special Rapporteur on violence against women and girls, its causes and consequences
The Special Rapporteur on the human rights of migrants
The Special Rapporteur on trafficking in persons, especially women and children
The Special Rapporteur on independence of judges and lawyers
#HRC53 | Country-specific developments
Afghanistan
The Human Rights Council will hold its Enhanced Interactive Dialogue on Afghanistan, with the Special Rapporteur on the situation in Afghanistan and the Working Group on Discrimination against Women in Law and Practice. The joint report of the two mandates follows up from an urgent debate held last year on the situation of women and girls in the country. Their visit to the country concluded that there exist manifestations of systemic discrimination violating human rights and fundamental freedoms in both public and private lives. ISHR has joined many around the world to argue that the situation amounts to gender apartheid, and welcomes the call of the two mandate holders to develop normative standards and tools to address this as “an institutionalised system of discrimination, segregation, humiliation and exclusion of women and girls”. The gravity and severity is urgent, and requires that States act on the ongoing calls by Afghan civil society to establish an accountability mechanism for crimes against humanity.
Algeria
On 15 June, fifteen activists and peaceful protesters will face trial in Algiers on the basis of unfounded charges which include ‘enrolment in a terrorist or subversive organisation active abroad or in Algeria’ and ‘propaganda likely to harm the national interest, of foreign origin or inspiration’. The activists were arrested between 23 and 27 April 2021, and arbitrarily prosecuted within one criminal case. If convicted of these charges, they face a prison sentence of up to twenty years. This case includes HRDs Kaddour Chouicha, Jamila Loukil and Said Boudour who were members of the LADDH before its dissolution by the Administrative Court of Algiers following a complaint filed by the Interior Ministry on 29 June 2022. We urge States to monitor the prosecution closely, including by attending the trial. We also urge States to demand that Algeria, a HRC member, end its crackdown on human rights defenders and civil society organisations, amend laws used to silence peaceful dissent and stifle civil society, and immediately and unconditionally release arbitrarily detained human rights defenders.
China
The recent findings of the Committee on Economic, Social and Cultural Rights in March, the Committee on the Elimination of Discrimination against Women in May, and the seven key benchmarks on Xinjiang by 15 Special Rapporteurs add up to wide range of UN expert voices that have collectively raised profound concern at the Chinese government’s treatment of Uyghurs, Tibetans, Hong Kongers and HRDs in mainland China. Seldom has the gap between the breadth of UN documentation on crimes against humanity and other grave violations and the lack of action by the Human Rights Council in response to such overwhelming evidence been so flagrant: the Council’s credibility is at stake. ISHR calls on the Council to promptly adopt a resolution requesting updated information on the human rights situation in Xinjiang, and a dialogue among all stakeholders on the matter. Governments from all regions should avoid selectivity, put an end to China’s exceptionalism, and provide a meaningful response to atrocity crimes on the basis of impartial UN-corroborated information.
The recent convictions of prominent rights defenders Ding Jiaxi and Xu Zhiyong to 12 and 14 years in jail respectively, and the recent detention of 2022 Martin Ennals awardee Yu Wensheng and his wife Xu Yan for ‘subversion of State power’ a year after his release, point to the need for sustained attention to the fate of HRDs in China. States should address in a joint statement the abuse of national security and other root causes of violations that commonly affect Uyghurs, Tibetans, Hong Kongers and mainland Chinese HRDs. States should also ask for the prompt release of human rights defenders, including human rights lawyers Chang Weiping, Yu Wensheng and Ding Jiaxi, legal scholar Xu Zhiyong, feminist activists Huang Xueqin and Li Qiaochu, Uyghur doctor Gulshan Abbas, Hong Kong lawyer Chow Hang-tung, and Tibetan climate activist A-nya Sengdra.
Egypt
Since the joint statement delivered by States in March 2021 at the HRC, there has been no significant improvement in the human rights situation in Egypt despite the launching of the national human rights strategy and the national dialogue. The Egyptian government has failed to address, adequately or at all, the repeated serious concerns expressed by several UN Special Procedures over the broad and expansive definition of “terrorism”, which enables the conflation of civil disobedience and peaceful criticism with “terrorism”. The Human Rights Committee raised its concerns “that these laws are used, in combination with restrictive legislation on fundamental freedoms, to silence actual or perceived critics of the Government, including peaceful protesters, lawyers, journalists, political opponents and human rights defenders”. Egyptian and international civil society organisations have been calling on the HRC to establish a monitoring and reporting mechanism on the human rights situation in Egypt, applying objective criteria and in light of the Egyptian government’s absolute lack of genuine will to acknowledge, let alone address, the country’s deep-rooted human rights crisis.
Israel and OPT
Civil society continues to call on the OHCHR to implement, in full, the mandate provided by HRC resolution 31/36 of March 2016 with regards to the UN database of businesses involved in Israel’s illegal settlement industry. The resolution mandated the release of a report containing the names of the companies involved in Israel’s settlement enterprise, to be annually updated. The initial report containing a list of 112 companies was released by the OHCHR in February 2020, three years after the mandated release date and despite undue political pressure. Since then, the UN database has not been updated. UN member states should continue to call on the OHCHR to implement the mandate in full and publish an annual update, as this represents a question of credibility of the Office of the High Commissioner and the Council.
The Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel will present its second report to the Council on 20 June. Member states should continue to support the work of the CoI to investigate the root causes of the situation in line with its mandate with a view to putting an end to 75 years of denial of the Palestinian’s people inalienable rights to self-determination and return. As the Palestinian people commemorate 75 years of Nakba (the destruction of Palestinian homeland and society), the CoI needs to address the root causes of the situation, including by investigating the ongoing denial of the Palestinian people’s right to self-determination and the return of refugees, as well as the ongoing forcible displacement of Palestinians on both sides of the Green Line in the context of Israel’s imposition of a system of colonial apartheid.
In addition, on 10 July, the Council will hold an interactive dialogue with the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967.
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, as ALQST has documented. Some notable recent trends include, but are not limited to: the further harsh sentencing of activists for peaceful social media use, such as women activists Salma al-Shehab (27 years), Fatima al-Shawarbi (30 years and six months) and Sukaynah al-Aithan (40 years); the ongoing detention of prisoners of conscience beyond the expiry of their sentences, some of whom continue to be held incommunicado such as human rights defenders Mohammed al-Qahtani and Essa al-Nukheifi, and; regressive developments in relation to the death penalty, including a wave of new death sentences passed and a surge in executions (47 individuals were executed from March-May 2023), raising concerns for those currently on death row, including several young men at risk for crimes they allegedly committed as minors. We call on the HRC to respond to the calls of NGOs from around the world to create a monitoring and reporting mechanism on the ever-deteriorating human rights situation in Saudi Arabia.
Nicaragua
Continued attention should be paid by States at the HRC to the steadily worsening situation in Nicaragua. On 2 June, the spokesperson for the UN High Commissioner for Human Rights raised ‘growing concerns that the authorities in Nicaragua are actively silencing any critical or dissenting voices in the country and are using the justice system to this end’. The OHCHR reports 63 individuals arbitrarily detained in May alone, with 55 charged with ‘conspiracy to undermine national integrity’ and ‘spreading false news’ within one single night, without access to a lawyer of their choosing. States should express support for the monitoring and investigation work of the OHCHR and the Group of Human Rights Experts on Nicaragua (GHREN), and call on the Nicaraguan government to release the remaining 46 political prisoners, revoke its decision to strip deported political prisoners off their nationality, and take meaningful measures to prevent, address and investigate violence by armed settlers against Indigenous Peoples and Afro-descendants.
Russia
Russia’s war of aggression against Ukraine has also been accompanied by a domestic war of repression against human rights defenders, independent journalists and political dissent. Most recently, Russia has adopted a sweeping new law criminalising assistance to or cooperation with a range of international bodies, including the International Criminal Court, ad hoc tribunals, foreign courts and arguably even the UN Human Rights Council itself. This law is manifestly incompatible with the right to communicate and cooperate with international bodies, and a flagrant and institutionalised case of reprisal. With Russian authorities having been found by a UN-mandated Commission of Inquiry to be possibly responsible for crimes against humanity and war crimes, and having a closed and highly repressive environment for civil society (ranking 17/100 in the CIVICUS Monitor), Russia is plainly unfit to be elected to the UN Human Rights Council and should be regarded as an illegitimate candidate. States should support and cooperate with the mandate of the new Special Rapporteur on the human rights situation in Russia, as well as with the Commission of Inquiry into human rights violations and abuses associated with Russia’s illegal war of aggression against Ukraine.
Sudan
Since the beginning of the war in Sudan on 15 April 2023, increasing numbers of Sudanese WHRDs are receiving threats and subject to grave danger. WHRDs are facing challenges in evacuating from Sudan and face further protection risks in neighboring countries. Sudanese women groups and WHRDs are risking their lives to provide support, solidarity, and report on the rising numbers of sexual and gender-based violence crimes. Many survivors are trapped in fighting areas unable to access support, and the occupation of hospitals by RSF is hindering women’s access to health services. The Council must urgently establish an international investigation in Sudan with sufficient resources, including to investigate the threats and reprisals against WHRDs for their work, and to document sexual and gender-based violence. During the debate with the High Commissioner and designated expert on Sudan on 19 June, we urge States to condemn sexual and gender-based violence (SGBV). States should highlight the impacts of the war on women and girls, including sexual and reproductive health as well as lack of support services for survivors of SGBV. States should reaffirm the importance of participation of women and their demands, and amplify the critical work of WHRDs on the ground despite the imminent risks to their lives and safety. States should also condemn the increasing threats against WHRDs and demand their effective protection.
Venezuela
On 5 July, the High Commissioner will present his report on the human rights situation in Venezuela, which will include an assessment of the level of implementation of UN recommendations already made to the State. The Council focus on Venezuela remains critical at a time when some States’ efforts to normalize relations with Venezuela risk erasing human rights from key agendas. Council members and observers should actively engage in the interactive dialogue with the High Commissioner to make evident that the human rights situation in the country remains at the heart of their concerns. The human rights and humanitarian situation in the country remains grave. Human rights defenders face ongoing and potentially increasing restrictions. We urge States to:
Express concern about the NGO bill, sitting with the Venezuelan National Assembly, and call for it to be withdrawn. The potential implications of this bill are to drastically shrink civic space, including by criminalising the work of human rights defenders;
Call for the release of all those detained arbitrarily – including defender Javier Tarazona who has been held since July 2021 and whose state of health is deteriorating;
Call for the rights of human rights defenders and journalists to be respected including during electoral periods, with a mind to Presidential elections next year; and
Call on Venezuela to engage fully with all UN agencies and mechanisms, including OHCHR, and develop a clear plan for the implementation of UN human rights recommendations made to it.
Tunisia
Civil society organisations have 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 leading to the erosion of the rule of law, attacks on the independence of the judiciary, a crackdown on peaceful political opposition and abusive use of “counter-terrorism” law, as well as attacks on freedom of expression. The High Commissioner has addressed the deteriorating situation in the three latest global updates to the HRC. Special Procedures issued at least 8 communications in less than one year addressing attacks against the independence of the judiciary, as well as attacks against freedom of expression and assembly. Despite the fact that in 2011 Tunisia extended a standing invitation to all UN Special Procedures, and received 16 visits by UN Special Procedures since, Tunisia’s recent postponement of the visit of the Special Rapporteur on the independence of judges and lawyers, is another sign of Tunisia disengaging from international human rights mechanisms and declining levels of cooperation. The upcoming session provides a window of opportunity for the Council to exercise its prevention mandate and address the situation before the imminent risk of closure of civic space in Tunisia and regress in Tunisia’s engagement with the HRC and its mechanisms is complete.
Syria
On 5 July, the Council will hold an interactive dialogue with the Commission of Inquiry on Syria. In a report to the Human Rights Council in 2021, the Commission of Inquiry on Syria called for the establishment of a mechanism to reveal the fate of the missing and disappeared. On 28 March 2023, during the 77th session of the UN General Assembly, the Secretary-General and UN High Commissioner for Human Rights briefed UN Member States on the situation of the missing in Syria, and the findings of the study conducted by the Secretary-General as mandated by Resolution UNGA 76/228. The study concluded that in order to address the situation of the missing in Syria and its impact on families’ lives, it is necessary to create an institution to reveal the fate and whereabouts of the disappeared and to provide support to their families. As discussions are taking place in the UNGA to adopt a resolution establishing a humanitarian institution to reveal the fate and whereabouts of the disappeared, civil society, led by the Truth and Justice Charter, urges States to support the families of the missing to know the truth about the fate and whereabouts of their loved ones by voting in favour of the resolution at the UNGA.
Other country situations
The High Commissioner will present the annual report on 19 June. The Council will hold an interactive dialogue on the High Commissioner’s annual report on 20 June 2023. The Council will hold debates on 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 with the Special Rapporteur on Eritrea
Interactive Dialogues with the High Commissioner and the Special Rapporteur on Myanmar
Interactive Dialogue with the Special Rapporteur on Burundi
Interactive Dialogue with the High Commissioner on Ukraine
Interactive Dialogue with the Special Rapporteur on Belarus
Interactive Dialogue with the Fact-Finding Mission on Iran
Interactive Dialogue with the Independent Expert on Central African Republic
Appointment of mandate holders
The President of the Human Rights Council has proposed candidates for the following mandates:
Special Rapporteur on minority issues (Mr Nicolas Levrat, Switzerland)
Special Rapporteur on the human rights of migrants (Ms Anna Triandafyllidou, Greece)
Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism (Mr Ben Saul, Australia).
Resolutions to be presented to the Council’s 53rd session
At the organisational meeting on 5 June the following resolutions (selected) were announced (States leading the resolution in brackets):
Human rights situation in Syria (Germany, France, Italy, Jordan, Netherlands, Qatar, Turkey, USA, UK)
New and emerging digital technologies and human rights (Austria, Brazil, Denmark, South Korea, Morocco, Singapore)
Civil society space (Chile, Ireland, Japan, Sierra Leone, Tunisia)
Independence and impartiality of the judiciary, jurors and assessors, and the independence of lawyers – mandate renewal (Australia, Botswana, Hungary, Maldives, Mexico, Thailand)
Human rights of migrants (Mexico)
Mandate of the Special Rapporteur on the situation of human rights in Belarus – mandate renewal (EU)
Mandate of the Special Rapporteur on the human rights situation in Eritrea – mandate renewal (EU)
Business and human rights – mandate renewal (Russian Federation, Ghana, Argentina and Switzerland)
Extrajudicial, summary or arbitrary executions – mandate renewal (Finland, Sweden)
Situation of human rights of Rohiynga muslims and other minorities in Myanmar (Pakistan on behalf of OIC)
Adoption of Universal Periodic Review (UPR) reports
During this session, the Council will adopt the UPR working group reports on Argentina, Benin, Czechia, Gabon, Ghana, Guatemala, Japan, Pakistan, Peru, Republic of Korea, Sri Lanka, Switzerland and Zambia.
Panel discussions
During each Council session, panel discussions are held to provide member States and NGOs with opportunities to hear from subject-matter experts and raise questions. 5 panel discussions are scheduled for this upcoming session:
Panel discussion on the measures necessary to find durable solutions to the Rohingya crisis and to end all forms of human rights violations and abuses against Rohingya Muslims and other minorities in Myanmar
Annual full-day discussion on the human rights of women [accessible panel]. Theme: Gender-based violence against women and girls in public and political life
Annual full-day discussion on the human rights of women [accessible panel]. Theme: Social protection: women’s participation and leadership
Annual panel discussion on the adverse impacts of climate change on human rights [accessible panel]. Theme: Adverse impact of climate change on the full realisation of the right to food
Panel discussion on the role of digital, media and information literacy in the promotion and enjoyment of the right to freedom of opinion and expression [accessible panel]
On 26 May 2023 The Asian Forum for Human Rights and Development (FORUM-ASIA) called for quashing the convictions of NagaWorld union leader Chhim Sithar alongside eight members of the Labor Rights Supported Union of Khmer Employees of NagaWorld (LRSU).
FORUM-ASIA strongly condemns the verdict given on 25 May 2023 by a Phnom Penh municipal court. The trade unionists were convicted of ‘incitement to commit a felony or disturb social security’ under Criminal Code Articles 494 and 495.
Sithar was sentenced to two years in prison. Meanwhile, the other union members were sentenced to one to one and a half years in prison and received suspended sentences or judicial supervision.
‘We urge the court to overturn the verdict as Cambodian authorities are abusing the criminal justice system by targeting union leaders and other labour rights advocates. We call on the Cambodian Government to immediately release Sithar. This is the umpteenth unfair decision that exemplifies the government’s contempt for democratic principles as well as Hun Sen’s attempts to silence critical voices months before the national elections,’ said Mary Aileen D. Bacalso, Executive Director of FORUM-ASIA.
Alongside other union members, Sithar was first arrested in January 2022 and held in pre-trial detention for two months after being charged with incitement to commit a crime for leading a peaceful strike demanding higher wages for workers and the reinstatement of hundreds of union members who believe they were unjustly fired in December 2021. After being released on bail, Sithar was once again detained in November 2022 for allegedly violating her bail by travelling abroad to join a trade union conference without court approval.
The trial against Sithar and her eight co-defendants–Chhim Sokhorn, Hay Sopheap, Kleang Soben, Ry Sovandy, Sok Kongkea, Sok Narith, Sun Sreypich, and Touch Sereymeas–began in January 2023. During the trial, Sithar stated that the LRSU has followed all legal protocols for their protest against mass layoffs and alleged union-busting, only launching the strike after all viable mediation efforts were exhausted. Meanwhile, prosecutors claimed that Sithar and LRSU members are guilty of leading a strike for more than a year even after authorities have declared the strike to be illegal.
Nevertheless, in February 2023, Sithar won the prestigious Human Rights Defenders Award– from the US Department of State–for her exceptional courage and leadership in advocating for the promotion and protection of universally recognised human rights and fundamental freedoms.
Mariana de la Fuente, is a human rights defender who fights against slave labour and human trafficking in Brazil. According to ILO, more than 57,000 workers in Brazil were rescued in conditions similar to slavery – between 2003 to 2021.
De Lima, who has now been in detention for more than six years, was acquitted for allegedly trading illegal drugs while she was secretary of justice, after being acquitted in the first case against her in 2021. Both cases were evidently fabricated and there is no reason to think that the third case against her is any more credible.
Then-President Rodrigo Duterte directed de Lima’s persecution in response to her attempts to investigate killings that took place in the early stages of Duterte’s “war on drugs” in 2016. But Duterte’s enmity toward her started in the late 2000s when, as chair of the Commission on Human Rights, de Lima began an investigation into killings attributed to a “death squad” operating in Davao City, where Duterte was the mayor. The International Criminal Court (ICC) is investigating those killings as well as numerous “drug war” killings that took place while Duterte was president. In 2019, as part of his efforts to avoid international justice, Duterte withdrew the Philippines from the ICC’s Rome Statute, which obligates states party to the treaty to cooperate with the court.
While de Lima’s latest acquittal brings hope that her unjust detention may be ending sooner rather than later, she never should have been prosecuted or held in pretrial detention without bail. Duterte’s improper influence over the Department of Justice was evident by the recanting of the testimony of three key witnesses in this case, saying they had been coerced.
This is an opportunity for the Department of Justice to regain some of its credibility by dropping the outstanding case against de Lima. But there also needs to be accountability. President Ferdinand Marcos Jr., who last week conceded abuses were committed in the “war on drugs,” should urgently launch an inquiry into how the levers of the justice system were manipulated against de Lima and implement reforms to ensure such politicization of the justice system never happens again.
This is echoed by anOpen Letter to the Government of the Philippines on 24 May 2023 by
Asian Forum for Human Rights and Development (FORUM-ASIA)
Balay Alternative Legal Advocates for Development in Mindanaw (Balaod Mindanaw)
Karapatan Alliance Philippines (KARAPATAN)
Philippine Collective for Modern Heroism (Dakila)
Purple Action for Indigenous Women’s Rights (LILAK)
They welcome the acquittal of Leila de Lima, former Senator and chairperson of the Commission on Human Rights of the Philippines, on one of her two remaining politically motivated charges on 12 May 2023 by a Muntinlupa court….
De Lima’s arrest is in violation of her constitutional rights as a sitting senator and in contravention of international human rights law. The arrest is purely based on politically-motivated charges, following her senate investigation into the thousands of extrajudicial killings under Duterte’s ‘war on drugs.’….De Lima should never have been detained in the first place.
The arbitrary detention and mistreatment of former Senator de Lima reflect the Duterte administration’s judicial harassment of human rights defenders as well as the Philippines’ shrinking civic space. Nearly a year after President Ferdinand Marcos Jr. took office in June 2022, de Lima’s case remains stagnant. The slow progression of the case demonstrates both the previous and current Philippine administrations’ unwillingness to seek justice and accountability…
FORUM-ASIA alongside its reputable Philippine member organisations urge your Excellencies 1) to immediately and unconditionally drop the remaining politically motivated charges against de Lima; 2) to request the Muntinlupa court to grant her bail petition for release; 3) and to provide compensation and other reparations for the human rights violations she was made to endure.
Philippine authorities should release and allow de Lima to be reunited with her loved ones after six long years.
We demand the immediate release of de Lima and all other political prisoners who have been persecuted for their work and beliefs in human rights and social justice.
Earlier on Monday, 9 January 2023 the International Network for Economic, Social and Cultural Rights had rejoiced in the acquittal of members of Karapatan, – the Alliance for the Advancement of People’s Rights – and their allies GABRIELA – National Alliance of Women – and the Rural Missionaries of the Philippines (RMP) in the face of the perjury charges brought against them by the Philippine authorities.
The Quezon City Metropolitan Trial Court Branch 139 issued its judgment on the retaliatory and trumped-up perjury case against ten human rights defenders, Karapatan Chairperson, Elisa Tita Lubi; Karapatan Secretary General, Cristina “Tinay” Palabay; Karapatan Deputy Secretary General, Roneo Clamor; Karapatan Treasurer, Gabriela Grista Dalena; Karapatan National Council members, Edita Burgos, Wilfredo Ruazol, and Jose Mari Callueng; GABRIELA Chairperson, Gertrudes Ranjo Libang; GABRIELA Secretary General, Joan May Salvador, and member of the Rural Missionaries of the Philippines, Emma Cupin, acquitting them of all charges.
In a case of judicial harassment, which started in July 2019, the then-National Security Adviser Hermogenes Esperon Jr. submitted a perjury complaint against the three organizations related to the registration of the Rural Missionaries of the Philippines. Although the case was initially dismissed for lack of probable cause and sufficient evidence, in February 2020 the Quezon City Prosecutor, Vimar Barcellano, granted a motion for reconsideration of the perjury case.
The judicial harassment resulted in global condemnation from civilsociety, Members of the EuropeanParliament and the UN Special Rapporteur on the situation of human rights defenders calling on the Philippine authorities to put an end to the judicial harassment faced by the ten human rights defenders and the wider human rights movement in the country.
While we celebrate the acquittal, we remain as committed as ever to stand in solidarity with members and the wider human rights community in the Philippines in their struggles to advance human rights and social justice for all.
Hans Thoolen on Human Rights Defenders and their awards 