The UN defines environmental human rights defenders as “individuals and groups who, in their personal or professional capacity and in a peaceful manner, strive to protect and promote human rights relating to the environment, including water, air, land, flora and fauna”.
“For their tireless work in empowering communities and protecting ecosystems, environmental defenders are killed in startling numbers. Murder is not the only way environmental defenders are persecuted; for every 1 killed, there are 20 to 100 others harassed, unlawfully and lawfully arrested, and sued for defamation, amongst other intimidations” – John Knox, former UN Special Rapporteur on Human Rights and the Environment.
The United Nations has recognized the threats to environmental defenders and called for their protection. The UN Environment Programme (UNEP) builds on this work to support environmental defenders through its Defenders Policy, through which we:
Denounce the attacks, torture, intimidation and murders of environmental defenders;
Advocate with states and non-state actors, including business, for better protection of environmental rights and the people standing up for these rights;
Support the responsible management of natural resources;
Request government and companies’ accountability for the different events where environmental defenders have been affected / murdered.
Forst, in his report, puts it like this: “states must address the root causes of mobilisation” not the mobilisation itself. Indeed, tackling protesters and not oil producers is the democratic equivalent of rearranging deckchairs on the Titanic.
On 9 April 2024, Michael Morrison in Human Rights Centre Blog of the University of Essex wrote a post “Standing Strong: Supporting Human Rights Defenders Worldwide” about the work of Prisoners Of Conscience (PoC), a UK-based charity,
In a world where human rights are not universally respected, there are courageous individuals who face persecution, silencing, torture, and forced displacement just for standing up for their beliefs. Prisoners Of Conscience (PoC), our UK-based charity, stands in solidarity with these brave people, offering both financial and practical support to those who defend human rights worldwide.
Prisoners Of Conscience operates on a simple yet powerful belief: no one should be persecuted for protecting or advancing human rights. We recognise that while we enjoy the freedom to express ourselves, many others around the world are not so fortunate. These individuals face unimaginable challenges for their beliefs, often enduring imprisonment, torture, harassment, violence, or being forced to flee their home countries.
Our mission is clear: supporting those who stand for rights. Our charity provides rapid financial assistance through grants; ensuring immediate relief, resettlement, and requalification during a recipient’s time of greatest need. These grants are not just about providing temporary relief; they are a lifeline for those who have sacrificed their freedom for the principles they believe in. Financial assistance includes covering legal fees, medical expenses, and basic living costs for individuals and their families.
Moving towards holistic support, we have developed various programs to empower our beneficiaries beyond financial aid. Our employability panel offers guidance and opportunities for career development, including job placement services and vocational training. Additionally, our web-based forum provides a platform for networking and collaboration, where individuals can connect with like-minded activists and organisations. We also collaborate with other parties to offer signposting to practical support, such as mental health services, legal advice, language classes, and integration support for those seeking asylum.
Yuzana* for example, is a writer, surgeon, and founding member of PEN Myanmar. Yuzana faced a daunting 20-year sentence for her role as a campaigns assistant for the National League of Democracy (NLD) and her unwavering commitment to human rights. Despite enduring almost six years of imprisonment in one of Myanmar’s most notorious prisons, Yuzana’s determination remained unyielding. After being released on humanitarian grounds due to her declining health and international pressure, she continued her advocacy work.
Yuzana
In the wake of the military coup in Myanmar in February 2021, PEN Myanmar continues to monitor and share critical information despite grave risks to their safety. Several members of the organisation have been detained, and tragically, four poets are among the unarmed civilians killed. Yuzana, concerned for her safety, was compelled to leave Myanmar and seek refuge in another country. With the assistance of Prisoners Of Conscience, Yuzana was able to cover her travel expenses and basic living costs while she establishes herself in a new environment.
Our recent research indicates that at any one time there are tens of thousands of prisoners of conscience who are persecuted and in need of our support. The impact of our work is evident in the numbers: in the past year alone, Prisoners of Conscience awarded 130 grants to over 420 individuals from 28 countries. This vital support reached a total of 424 individuals, offering crucial assistance during times of adversity. We are profoundly grateful for the generosity of our donors, whose unwavering support enables us to continue our mission of empowering those who defend human rights.
The challenges of the past year, compounded by the pandemic, have prompted us to adapt and innovate, and right now, April is all about #RightsRealityCheck.
Not everyone has access to even the most basic of human freedoms, so we launched the #RightsRealityCheck campaign. This April, human rights champions are undertaking a series of challenges to raise awareness of the rights that many take for granted – basic rights and freedoms which prisoners of conscience risk their life to uphold and protect. Whether it’s reading 5 books throughout the month, writing a blog post each week, or walking in public each day without wearing a head covering, our kind-hearted fundraisers are standing in solidarity with those who face persecution for these simple acts. If you would like to join others who have taken on this commitment to an everyday right, you will not only be standing with prisoners of conscience, but also raising crucial funds to help keep those who defend human rights, and their voices, alive. It’s easy to get started: Simply download our fundraising pack by signing up here (it’s packed with tips and resources to make your challenge a success). Then, share your challenge with friends, family, and colleagues to gather sponsorship. Every pound raised goes directly to supporting human rights defenders and prisoners of conscience around the world. Or alternatively, see what we’re up to and support someone on their challenge by heading to the link here: #RightsRealityCheck Challenge – JustGiving. Let’s turn our everyday actions into a powerful force for change. Together, we can make a difference in the lives of those who need it most.
The failure of States to pay their membership dues to the United Nations in full and in time, and the practice of conditioning funding on unilateral political goals is causing a financial liquidity crisis for the organisation, the impacts of which are felt by victims and survivors of human rights violations and abuses. … Without the resources needed, the outcomes of this session can’t be implemented. The credibility of HRC is at stake.
We welcome the adoption of three resolutions calling for the implementation of effective accountability measures to ensure justice for atrocity crimes committed in the context of Israel‘s decades long colonial apartheid imposed over the Palestinian people, and for the realisation of the Palestinian people’s right to self-determination. Special Procedures expressed their profound concern about “the support of certain governments for Israel’s strategy of warfare against the besieged population of Gaza, and the failure of the international system to mobilise to prevent genocide” and called on States to implement an “arms embargo on Israel, heightened by the International Court of Justice’s ruling […] that there is a plausible risk of genocide in Gaza […].” This session, the Special Rapporteur on the OPT concluded that the actions of Israel in Gaza meet the legal qualifications of genocide.
We deplore the double standards in applying international law and the failure of certain States to vote in favor of ending impunity. This undermines the integrity of the UN human rights framework, the legitimacy of this institution, and the credibility of those States. From Palestine, to Ukraine, to Myanmar, to Sudan, to Sri Lanka, resolving grave human rights violations requires States to address root causes, applying human rights norms in a principled and consistent way. The Council has a prevention mandate and UN Member States have a legal and moral duty to prevent and ensure accountability and non-recurrence for atrocity crimes, wherever they occur.
We want to highlight and specifically welcome the adoption of the first ever resolution on combating discrimination, violence and harmful practices intersex persons. The resolution builds on growing support in the Council on this topic and responds to several calls by the global coalition of intersex-led organisations. The resolution takes important steps in recognising that discrimination, violence and harmful practices based on innate variations of sex characteristics, such as medically unnecessary interventions, takes place in all regions of the world. We welcome that the resolution calls for States to take measures to protect the human rights of this population and calls for an OHCHR report and a panel discussion to address challenges and discuss good practices in protecting the human rights of intersex persons.
We welcome the renewal of the mandate of the Independent Expert on the enjoyment of human rights by persons with albinism. As attested by human rights defenders with albinism, the mandate played an invaluable role by shedding light on human rights violations against persons with albinism through ground breaking research, country visits, and human rights training, and ensuring that defenders with albinism are consulted and take part in the decision-making. The organisations also welcomed the inclusion of language reflecting the important role played by “organizations of persons with albinism and their families”, and the reference to the role of States in collaboration with the World Health Organization, “to take effective measures to address the health-related effects of climate change on persons with albinism with a view to realizing their right to the enjoyment of the highest attainable standard of physical and mental health, particularly regarding the alarming incidence of skin cancer in this population, and to implement the recommendations of the report of the Independent Expert in this regard”.
We welcome the adoption of the resolution on the renewal of the mandate of the Special Rapporteur on the human right to a clean, healthy and sustainable environment. We also welcome the update of the title of the mandate acknowledging the recognition of this right by the Human Rights Council in its resolution 48/13 on 8 October 2021 and the General Assembly resolution 76/300 on 28 July 2022. We also welcome the inclusion of gender-specific language in the text, and we call on the Special Rapporteur to devote a careful attention to the protection of environmental human rights defenders for their strong contribution to the realisation of the right to a clean, healthy, and sustainable environment, as called for by several States. We also welcome that the Council appointed for the first time a woman from the global south to fulfill this mandate, and we welcome the nomination of another woman as Special Rapporteur on the promotion and protection of human rights in the context of climate change.
We welcome the resolution on countering disinformation, which addresses new issues whilst once again rejecting censorship and reaffirming the ‘essential role’ that the right to freedom of expression plays in countering disinformation. We welcome the specific focus on girls – besides women – as well as risks associated with artificial intelligence, gender-based violence, and electoral processes. We urge States to follow the approach of the resolution and to combat disinformation through holistic, positive measures, including by ensuring a diverse, free and independent media environment, protecting journalists and media workers, and implementing comprehensive right to information laws. Importantly, we also urge States to ensure that they do not conduct their own disinformation campaigns. At the same time, social media companies have an essential role to play and should take heed of the resolution by reforming their business models which allow disinformation to flourish on their platforms. The resolution also mandates the Advisory Committee to produce a new report on disinformation, and it is absolutely essential that this report mirrors and reinforces existing standards on this topic, especially the various reports of the Special Rapporteur on freedom of opinion and expression.
Whilst we welcome the technical renewal of the resolution on freedom of religion or belief, we regret that the parallel resolution on combating intolerance (widely known by its original name Resolution 16/18) was not tabled at the session. Since 2011, these duel resolutions have been renewed each year, representing a consensual and universal framework to address the root causes of hate based on religion or belief in law, policy, and practice. We call on the OIC to once again renew Resolution 16/18 in a future session, while ensuring no substantive changes are made to this consensual framework. We also urge all States to reaffirm their commitment to Resolution 16/18 and the Rabat Plan of Action and adopt comprehensive and evidence-based national implementation plans, with the full and effective participation of diverse stakeholders.
We welcome the adoption of the resolution on prevention of genocide and its focus on impunity, risks and early warnings, as well as the paragraph reaffirming that starvation of civilians as a method to combat is prohibited under international humanitarian law; however, we regret that the resolution fails to adequately reflect and address serious concerns relating to current political contexts and related risks of genocide.
We welcome the adoption of the resolution on the rights of the child: realising the rights of the child and inclusive social protection, strengthening the implementation of child rights-compliant inclusive social protection systems that benefit all children. We also welcome the addition of a new section on child rights mainstreaming, enhancing the capacity of OHCHR to advance child rights mainstreaming, particularly in areas such as meaningful and ethical child participation and child safeguarding. We remain concerned by persisted attempts to weaken the text, especially to shift the focus away from children as individual right-holders, to curtail child participation and remove the inclusion of a gender perspective.
We welcome the adoption of the resolution on torture and other cruel, inhuman or degrading treatment or punishment which addresses effective national legislative, administrative, judicial or other measures to prevent acts of torture. We welcome the new paragraph urging States concerned to comply with binding orders of the International Court of Justice related to their obligations under the Convention Against Torture.
We welcome the adoption of a new resolution on the human rights situation in Belarus. The Belarusian authorities continue their widespread and systematic politically-motivated repression, targeting not only dissent inside the country, but also Belarusians outside the country who were forced to flee for fear of persecution. Today, almost 1,500 prisoners jailed following politically-motivated charges in Belarus face discriminatory treatment, severe restriction of their rights, and ill-treatment including torture. The resolution rightly creates a new standalone independent investigative mechanism, that will inherit the work of the OHCHR Examination, to collect and preserve evidence of potential international crimes beyond the 2020 elections period, with a view to advancing accountability. It also ensures the renewal of the mandate of the Special Rapporteur who remains an essential ‘lifeline’ to Belarusian civil society.
We welcome the resolution on technical assistance and capacity building in regard to the human rights situation in Haiti and emphasis on the role civil society plays in the promotion and protection of human rights and the importance of creating and maintaining an enabling environment in which civil society can operate independently and free from insecurity. We similarly welcome the call on the Haitian authorities to step up their efforts to support national human rights institutions and to pursue an inclusive dialogue between all Haitian actors concerned in order to find a lasting solution to the multidimensional crisis, which severely impacts civil society. We welcome the renewal of the mandate of the designated expert and reference to women and children in regard to the monitoring of human rights situation and abuses developments, as well as encouragement of progress on the question of the establishment of an office of the Office of the High Commissioner in Haiti. We nonetheless regret that the resolution does not address the multifaceted challenges civil society faces amidst escalating violence, fails to further address the link between the circulation of firearms and the human rights violations and abuses, and does not identify concrete avenues for the protection of civilians and solidarity action to ensure the safety, dignity and rights of civilians are upheld.
We welcome the adoption of the resolution on Iran, renewing the mandate of the Special Rapporteur on human rights in Iran and extending for another year the mandate of the Independent International Fact-Finding Mission on Iran. The continuation of these two distinct and complementary mandates is essential for the Council to fulfill its mandate of promotion and protection of human rights in Iran. However, given the severity of the human rights crisis in the country, we regret that this important resolution remains purely procedural and fails to reflect the dire situation of human rights in Iran, including the sharp spike in executions, often following grossly unfair trials. It also fails to address the increased levels of police and judicial harassment against women and girls appearing in public without compulsory headscarves, human rights defenders, lawyers, journalists and families of victims seeking truth and justice, and the continued pervasive discrimination and violence faced by women and girls, LGBTI+ persons and persons belonging to ethnic and religious minorities in the country.
We welcome the adoption by consensus of the resolution on Myanmar, which is a clear indication of the global concern for the deepening human rights and humanitarian crisis in the country as a result of the military’s over three-year long brutal war against the people resisting its attempted coup. We further welcome the Council’s unreserved support for Myanmar peoples’ aspirations for human rights, democracy, and justice as well as the recognition of serious human rights implications of the continuing sale of arms and jet fuel to Myanmar.
We welcome the resolution on the situation of human rights in Ukraine stemming from the Russian aggression. The latest report of the Independent International Commission of Inquiry (COI) reveals disturbing evidence of war crimes, including civilian targeting, torture, sexual violence, and the unlawful transfer of children. These findings underscore the conflict’s brutality, particularly highlighted by the siege of Mariupol, where indiscriminate attacks led to massive civilian casualties and infrastructure destruction. The report also details the widespread and systematic torture and sexual violence against both civilians and prisoners of war. Moreover, the illegal deportation of children emerges as a significant issue, as part of a broader strategy of terror and cultural erasure. The COI’s mandate extension is crucial for ongoing investigations and ensuring justice for victims.
By adopting a resolution entitled ‘advancing human rights in South Sudan,’ the Council ensured that international scrutiny of South Sudan’s human rights situation will cover the country’s first-ever national elections, which are set to take place in December 2024. With this resolution, the UN’s top human rights body extended the mandate of its Commission on Human Rights in South Sudan.
We welcome the resolution on the human rights situation in Syria and the extension of the mandate of the Independent International Commission of Inquiry (COI), which will continue to report on violations from all sides of the conflict in an impartial and victim-centered manner. Syria continues to commit systematic and widespread attacks against civilians, in detention centers through torture, arbitrary detention and enforced disappearance and through indiscriminate attacks against the population in Idlib. We welcome that the resolution supports the mandate of the Independent Institution of the Missing People and calls for compliance with the recent order on Provisional Measures by the ICJ – both initiatives can play a significant role in fulfilling victims’ rights to truth and justice and should receive support by all UN Member States. In a context of ongoing normalisation, the CoI’s mandate to investigate and report on human rights abuses occurring in Syria is of paramount importance.
We continue to deplore this Council’s exceptionalism towards serious human rights violations committed by the Chinese government. At a time when double-standards are enabling ongoing atrocity crimes to be committed in Palestine, sustained failure by Council Members, in particular OIC countries, to promote accountability for crimes against humanity against Uyghurs and Muslim peoples in China severely undermines the Council’s integrity, and its ability to prevent and put an end to atrocity crimes globally. Findings by the OHCHR, the UN Treaty Bodies, the ILO and over 100 letters by UN Special Procedures since 2018 have provided overwhelming evidence pointing to systematic and widespread human rights violations across the People’s Republic of China. We reiterate our pressing call for all Council Members to support the adoption of a resolution establishing a UN mandate to monitor and report on the human rights situation in China, as repeatedly urged by UN Special Procedures. We further echo Special Procedures’ call for prompt and impartial investigations into the unlawful death of Cao Shunli, and all cases of reprisals for cooperation with the UN.
We regret the Council’s silence on the situation in India despite the clear and compounding early warning signs of further deterioration that necessitate preventive action by the Council based on the objective criteria. The latest of these early warning signals include the recent notification of rules to implement the highly discriminatory Citizenship Amendment Act by the Bharatiya Janata Party-led government just weeks before the election, along with recent intercommunal violence in Manipur and ongoing violence against Muslims in various parts of India amid increasing restrictions on civic space, criminalisation of dissent and erosion of the rule of law with political interference.
We further regret that this Council is increasingly failing to protect victims of human rights violations throughout the Middle East and North Africa, including in Algeria, Bahrain, Egypt, Libya, Saudi Arabia, and Yemen. The people of Yemen and Libya continue to endure massive ‘man-made’ humanitarian catastrophes caused in large part by ongoing impunity for war crimes, crimes against humanity and other grave violations of international law. In Algeria, Egypt, Bahrain, Saudi Arabia and in other MENA countries, citizens are routinely subjected to brutal, wide-spread human rights violations intended to silence dissent, eradicate independent civil society and quash democratic social movements. Countless citizens from the MENA region continue to hope and strive for a more dignified life – often at the cost of their own lives and freedom. We call on this Council and UN member States to rise above narrow political agendas and begin to take steps to address the increasing selectivity that frequently characterises this Council’s approach to human rights protection and promotion.
We regret that once more, civil society representatives faced numerous obstacles to accessing the Palais and engaging in discussions, both in person and remotely, during this session. The UN human rights system in Geneva has always and continues to rely on the smooth and unhindered access of civil society to carry out its mandate. We remind UN Member States, as well as UNOG, that the Council’s mandate, as set out in HRC Res 5/1, requires that arrangements be made, and practices observed to ensure ‘the most effective contribution’ of NGOs. Undermining civil society access and engagement not only undermines the capacities and effectiveness of civil society but also of the UN itself.
Signatories:
All Human Rights for All in Iran
Asian Forum for Human Rights and Development (FORUM-ASIA)
Association Arc pour la defense des droits de l’homme et des revendication democratique/culturelles du peuple Azerbaidjanais Iran -”ArcDH”
Balochistan Human Rights Group
Cairo Institute for Human Rights Studies
Child Rights Connect (CRCnt)
CIVICUS
Commonwealth Human Rights Initiative (CHRI)
Egyptian initiative for Personal Rights (EIPR)
Ensemble contre la Peine de Mort
Franciscans International
Gulf Center for Human Rights
Impact Iran
International Bar Association’s Human Rights Institute (IBAHRI)
In a landmark ruling for fundamental freedoms in Colombia, the Inter-American Court of Human Rights found that for over two decades the state government harassed, surveilled, and persecuted members of a lawyer’s group that defends human rights defenders, activists, and indigenous people, putting the attorneys’ lives at risk.
The ruling is a major victory for civil rights in Colombia, which has a long history of abuse and violence against human rights defenders, including murders and death threats. The case involved the unlawful and arbitrary surveillance of members of the Jose Alvear Restrepo Lawyers Collective (CAJAR), a Colombian human rights organization defending victims of political persecution and community activists for over 40 years.
The court found that since at least 1999, Colombian authorities carried out a constant campaign of pervasive secret surveillance of CAJAR members and their families. That state violated their rights to life, personal integrity, private life, freedom of expression and association, and more, the Court said. It noted the particular impact experienced by women defenders and those who had to leave the country amid threat, attacks, and harassment for representing victims.
The decision is the first by the Inter-American Court to find a State responsible for violating the right to defend human rights. The court is a human rights tribunal that interprets and applies the American Convention on Human Rights, an international treaty ratified by over 20 states in Latin America and the Caribbean.
In 2022, EFF, Article 19, Fundación Karisma, and Privacy International, represented by Berkeley Law’s International Human Rights Law Clinic, filed an amicus brief in the case. EFF and partners urged the court to rule that Colombia’s legal framework regulating intelligence activity and the surveillance of CAJAR and their families violated a constellation of human rights and forced them to limit their activities, change homes, and go into exile to avoid violence, threats, and harassment.
Colombia’s intelligence network was behind abusive surveillance practices in violation of the American Convention and did not prevent authorities from unlawfully surveilling, harassing, and attacking CAJAR members, EFF told the court. Even after Colombia enacted a new intelligence law, authorities continued to carry out unlawful communications surveillance against CAJAR members, using an expansive and invasive spying system to target and disrupt the work of not just CAJAR but other human rights defenders and journalists.
In examining Colombia’s intelligence law and surveillance actions, the court elaborated on key Inter-American and other international human rights standards, and advanced significant conclusions for the protection of privacy, freedom of expression, and the right to defend human rights.
The court delved into criteria for intelligence gathering powers, limitations, and controls. It highlighted the need for independent oversight of intelligence activities and effective remedies against arbitrary actions. It also elaborated on standards for the collection, management, and access to personal data held by intelligence agencies, and recognized the protection of informational self-determination by the American Convention.
Iskra Kirova, Advocacy Director, Europe and Central Asia Division of HRW, wrote on 4 April 2024: ‘Foreign Agent’ Laws Spread as EU Dithers to Support Civil Society
Georgia’s ruling party plans to reintroduce highly controversial Russia-style “foreign agent” legislation aimed at incapacitating civil society and independent media. If adopted, the laws, which were withdrawn last year in the face of massive protests, would require foreign-funded nongovernmental organizations and media to register as “agents of foreign influence”. That would make them subject to additional scrutiny and sanctions, including administrative penalties up to 25,000 GEL (about 8,600 Euro). Authorities claim the laws promote “transparency”, but their statements make it clear the laws will be used to stigmatize and punish critical voices.
The day before Georgia’s announcement, Kyrgyzstan’s president signed an abusive “foreign representatives” law. Copied almost entirely from the Russian equivalent, the law would apply the stigmatizing designation of “foreign representative” to any nongovernmental organization that receives foreign funding and engages in vaguely defined “political activity”. The bill had been widely criticized after its initial submission in November 2022, including in a urgency resolution by the European Parliament.
The EU had ample opportunity to press the authorities to reject this bill. Kyrgyzstan benefits from privileged access to the EU internal market tied to respect for international human rights conventions: conventions this law clearly contravenes. The country is poised to sign an enhanced partnership agreement with the EU that centers democracy and fundamental rights. The EU has been silent on whether these deals would be imperiled by the bill’s adoption, despite the fact the European Commission’s own assessment highlighted Kyrgyzstan’s dire environment for civil society and the country’s breach of its obligations.
The latest spate of curbs on civil society comes in the wake of the European Commission’s December 2023 legislative proposal for an EU Directive on “transparency of interest representation” that would create a register of organizations which receive foreign funding. European civil society vehemently opposes the proposal because it risks shrinking space for independent organizations at home and diminishing the EU’s credibility in opposing such laws abroad. Yet the Commission forged ahead. On the same day the proposal was adopted, Hungary’s parliament approved a law that gives a government-controlled body broad powers to target civil society and independent media.
With civil society organizations under threat throughout Europe and Central Asia, we need an EU that in words and actions protects civic space and sets the right standards.
Michelle Langrand for Geneva Solutions of 20 March 2024 has an exclusive report on the liquidity crunch and its effect on the UN human rights branch. Here her report in full:
UN secretary general António Guterres and UN human rights high commissioner Volker Türk at the opening of the Human Rights Council 55th session in Geneva, 26 February 2024. (UN Photo/Elma Okic)
As the United Nations faces its worst liquidity crisis in recent history, experts, staff and observers worry about the ramifications on human rights work. Correspondence seen by Geneva Solutions reveals concerns at the highest levels of the UN human rights branch in Geneva as they are forced to scale back their operations.
A patchwork of cost-saving measures taken over the winter holidays at the Palais des Nations in Geneva, from keeping the heat down and closing the premises for two weeks, revealed how serious the UN’s cash troubles were after states failed to fully pay their bills in 2023. The new year didn’t brighten prospects either. In January, UN secretary general Antonio Guterres in New York announced that “aggressive cash conservation measures” would be taken across the organisation to avoid running out of cash by August as year-end arrears reached a record $859 million.
It couldn’t have come at a worse time for a cash-strapped UN Office of the High Commissioner for Human Rights (OHCHR) as worsening human rights crises worldwide add to its workload. The Geneva-based office acts as a secretariat for dozens of independent experts, investigative bodies and human rights committees that rely for the most part on the UN’s regular budget and few voluntary contributions from states. Between vacancies and travel restrictions, both insiders and outsiders worry that planned cuts could severely impair the UN’s crucial human rights work.
Understaffed and overwhelmed
On 12 February, just as the UN’s Geneva headquarters prepared for one of its busiest months hosting the Human Rights Council’s first session of the year, bad news came from New York. Countries had only paid one-third of the UN’s $3.59bn regular budget for 2024, and instructions from the higher-ups were that the hiring freeze imposed in July 2023 would be extended throughout 2024 across UN operations. The organisation said that $350 million would need to be shaved off through spending restrictions on travel, conference services and others.
Human rights bodies, where vacancies had been piling up in the last months, would have to continue to run with reduced staff. In a letter from 23 December, UN high commissioner for human rights Volker Türk had already warned Council president Omar Zniber that 63 posts in over 10 investigative mandates were waiting to be filled while recruitments had been placed on hold. Currently, there are active investigations on serious human rights abuses in Ukraine, Iran, Syria, South Sudan and Nicaragua among others.
“While no compromise has been made in terms of methodology, some of the investigative bodies have had to narrow the scope of both their investigations and their upcoming reports,” the letter reads.
The fact-finding mission on Sudan was one of the bodies immediately affected. Created in October to collect evidence on atrocities committed during the last year of bloody conflict in which thousands of civilians have been killed and millions displaced, the probe body has struggled to begin work. The independent experts composing it, who aren’t paid, have been appointed since December, but as of late February, the Human Rights Office hadn’t been able to hire a support team due to insufficient cash flow, according to a Human Rights Council spokesperson. The experts, who have been mandated for one year, are due to present their findings in September, with observers wondering whether the western-led proposal will garner the political backing it needs to be renewed.
That isn’t the only initiative struggling to get off the ground. “We have met with some new mandates, and we realised that they barely have a team, if any, to support them,” said one NGO member who collaborates with the human rights mechanisms and asked to remain anonymous. Observers say most investigative bodies, even older ones, are impacted at some level.
Kaoru Okoizumi, deputy head of the Independent Investigative Mechanism on Myanmar (IIMM) – the largest human rights probe team – said six out of 57 staff positions funded through the UN’s regular budget were vacant, significantly affecting their work. The IIMM, which also relies on a trust fund made up of voluntary donations and doesn’t depend on the OHCHR’s budget, is coping better than most.
Expert committees that oversee states’ compliance with international human rights law, such as on children’s rights and on torture, are also stretched thin. One staffer said they were required to take on more work than normally expected, for example, having to conduct research and compile information about several countries at the same time for one session. “It’s just too much!” they said, adding that their team was short of more than 10 people.
Another worker from the OHCHR’s special procedures branch, who said was covering for several vacant spots, conceded that the quality of work is affected in such conditions. “Of course, you won’t work as well after pulling all-nighters,” they said. Türk’s letter to Zniber acknowledges that the secretariat was having trouble supporting some 60 special procedures, which are UN-backed independent experts or groups of experts assigned to report to the council on a specific theme or country.
While the problem of understaffing isn’t new, and many also point to cumbersome months-long recruitment processes that are often incompatible with brief mandates, the situation has worsened. To compensate for the hiring freeze, the UN has also increasingly resorted to temporary contracts that last for a few months and can be exceptionally renewed for up to two years. The two workers, who have living on contract to contract for more than a year, said that there is fear that temporary staff may be among the first to go, along with consultants. “In the food chain of contracts, we’re at the bottom,” one of them said.
A slim year for the Human Rights Council
The UN’s human rights branch, which receives as little as four per cent of the UN’s total budget – around $142 million – just enough to cover one third of its activities, has been scrambling to cut back on spending. On Friday, in another letter seen by Geneva Solutions, Türk informed Zniber that his office would be forced to axe certain activities this year.
OHCHR spokesperson Marta Hurtado confirmed the information to Geneva Solutions by writing: “The office has developed an internal contingency plan, which provides for adjustment pending the complete availability of regular budget resources become available.”
Among the measures it proposes is postponing some activities to 2025 altogether while as many consultations and meetings as possible would be moved online without interpretation, according to Hurtado, since the UN in New York hasn’t authorised it for virtual meetings. For those that will be held in person, resources to fly in experts and civil society will also be reduced.
The UN’s recent decision that it would no longer provide online services for meetings has drawn outcry from rights campaigners who argue it curtails the possibility of civil society groups and states with little resources to participate. While the move has been attributed to matters of rules, observers can’t help but wonder if it isn’t, in the end, about the money. Echoing the concerns in the letter, Türks described the impact of these measures on participation from experts and other stakeholders as “deeply regrettable”.
Another issue raised by the UN rights chief is the difficulty that his office has been facing in providing technical assistance to national authorities. He gave the example of the Marshall Islands, which requested help in 2022 to assess the human rights impact of US nuclear testing in its territory in the 1940s and 50s. A source said that although a first visit finally took place this year, work has been delayed.
Marc Limon, director of the human rights think tank Universal Rights Group, remarked that work by the Council to help states improve their rights record through capacity-building support was unfortunately “almost inexistent” and regretted that resources couldn’t be spared for what he calls the “hard end of human rights diplomacy”. “While UN investigations must be protected, there is little threat to key commissions of inquiry due to the huge budgets allocated to them in the first place,” he said. Most probe bodies have between 17 to 27 staff while special procedures usually have one or two assistants.
The Moroccan ambassador forwarded Türk’s letter to fellow states on Monday and said a draft decision regarding the measures would be tabled for the council to consider at the end of the session at the beginning of April.
Human rights credibility at stake
One that has raised eyebrows but isn’t explicitly mentioned by the UN rights chief is limiting country visits by UN experts to one visit instead of two. Hurtado acknowledged that special procedures and other expert mechanisms, including probe bodies, would see their country visits “reduced” while not commenting on the number of authorised visits.
One UN expert, speaking under the condition of anonymity, voiced concern over the restriction. “Country visits are extremely important because they give us a real intimate understanding of a place and the state gets direct feedback on what they’re doing well and what they can do to improve, while also energising civil society,” they said, point out that experts were already barely able to conduct visits during the Covid-19 pandemic.
Limon commented that while it was a wise choice to cut back on some of the “superfluous” debates and activities, reducing special rapporteur trips to countries to one per year, an idea that he said has been floated around before, showed the office “had its priorities wrong”.
Travel restrictions could also have significant implications for criminal cases. Okoizumi said her Myanmar team only had 65 per cent of its usual travel budget, which is key for the Geneva-based group to reach victims and witnesses. “We do our witness interviews in person because we think it’s important in a criminal investigation to make sure that interviews are being conducted in a way that preserves the integrity of the testimony,” she said.
The body, set up in 2018 by the Human Rights Council, is currently working to support a case brought by The Gambia against Myanmar for violating the Genocide Convention at the International Court of Justice, as well as investigations on crimes against the Rohingya at the International Criminal Court and Argentina.
“These are very concrete proceedings and our ability to support them will be impacted by the number of interviews that we’re able to conduct or the analysis that we’re able to produce and share with these jurisdictions,” Okoizumi said, noting that the ICJ case is particularly time-sensitive as both parties were expected to make submissions this year.
The international lawyer said this has meant shifting resources to meet shorter-term deadlines at the risk of putting aside other objectives. “The whole point of having an investigative mechanism is to make sure that we can collect the evidence very soon after a crime happens, even if there isn’t an investigation or prosecution until many years or even decades later. So, shifting our resources in that way, overall will have a negative impact,” she explained.
Top experts within the human rights branch have also rang alarm bells about the wider repercussions of the funding crisis. In a letter seen by Geneva Solutions addressed to the president of the General Assembly, Dennis Francis, dated 23 February, 10 chairs of human rights committees warned that the liquidity crisis “severely threatens the credibility and efficiency of the United Nations human rights system”.
The experts said the treaty bodies were “being denied even the minimum staff and operational resources required to deliver their critical mandates to advance human rights” at a time of “such a severe existential crisis of multilateralism and of non compliance with international law”.
Referring to some of the measures being considered, the signatories also argue that suspending sessions “for the first time in their over six decades of history for financial reasons, together with visits to prevent torture and other human rights violations” would lead to “concrete and irreversible” harm.
“When the collective security system has failed to honour the ‘never again’ pledge of 1945, the least to do is to strengthen human rights monitoring mechanisms, so that human rights violations are documented, even when justice seems extremely challenging to serve. We note with deep regret that the opposite is being done,” the custodians of human rights law wrote.
On 22 February 2024, Human Rights Watch came with a study on governments reaching outside their borders to silence or deter dissent by committing human rights abuses against their own nationals or former nationals. Governments have targeted human rights defenders, journalists, civil society activists, and political opponents, among others, deemed to be a security threat. Many are asylum seekers or recognized refugees in their place of exile. These governmental actions beyond borders leave individuals unable to find genuine safety for themselves and their families. This is transnational repression.
Transnational repression looks different depending on the context. Recent cases include a Rwandan refugee who was killed in Uganda following threats from the Rwandan government; a Cambodian refugee in Thailand only to be extradited to Cambodia and summarily detained; and a Belarusian activist who was abducted while aboard a commercial airline flight. Transnational repression may mean that a person’s family members who remain at home become targets of collective punishment, such as the Tajik activist whose family in Tajikistan, including his 10-year-old daughter, was detained, interrogated, and threatened.
Transnational repression is not new, but it is a phenomenon that has often been downplayed or ignored and warrants a call to action from a global, rights-centered perspective. Human Rights Watch’s general reporting includes over 100 cases of transnational repression. This report includes more than 75 of these cases from the past 15 years, committed by over two dozen governments across four regions. While the term “transnational repression” has at times become shorthand for naming authoritarian governments as perpetrators of rights violations, democratic administrations have assisted in cases of transnational repression.
Methods of transnational repression include killings, unlawful removals (expulsions, extraditions, and deportations), abductions and enforced disappearances, targeting of relatives, abuse of consular services, and so-called digital transnational repression, which includes the use of technology to surveil or harass people. These tactics often facilitate further human rights violations, such as torture and ill-treatment.
This report also highlights cases of governments misusing the International Criminal Police Organization (Interpol)—an intergovernmental organization with 195 member countries—to target critics abroad.
Victims of transnational repression have included government critics, actual or perceived dissidents, human rights defenders, civil society activists, journalists, and opposition party members and others. Governments have targeted individuals because of their identity, such as ethnicity, religion, or gender. Back home, families and friends of targeted people may also become victims, as governments detain, harass, or harm them as retribution or collective punishment. Transnational repression can have far-reaching consequences, including a chilling effect on the rights to freedom of expression, association, and assembly among those who have been targeted or fear they could be next.
This report is not an exhaustive examination of cases of transnational repression. Instead, it outlines cases that Human Rights Watch has documented in the course of researching global human rights issues that point to key methods and trends of transnational repression.
Human Rights Watch hopes that by drawing attention to cases of transnational repression, international organizations and concerned governments will pursue actions to provide greater safety and security for those at risk. Governments responsible for transnational repression should be on notice that their efforts to silence critics, threaten human rights defenders, and target people based on their identity are no less problematic abroad than they are at home. This report provides governments seeking to tackle transnational repression with concrete recommendations, while raising caution against laws and policies that could restrict other human rights.
Human Rights Watch calls on governments committing transnational repression to respect international human rights standards both within and beyond their territory. Governments combatting transnational repression should recognize such abuses as a threat to human rights generally and act to protect those at risk within their jurisdiction or control.
“Effectively realising human rights for everyone, everywhere is the pathway to free, fair and just communities and a more peaceful and sustainable world“, write ISHR Director Phil Lynch and Board Chair Vrinda Grover on 8 March 2024. Here some excerpts from a piece worth reading:
We face a global climate emergency. We witness atrocity crimes being perpetrated with apparent impunity, from Afghanistan to Sudan, Palestine to Ukraine, and Nicaragua to Xinjiang. We confront rising populism and propaganda, with artificial intelligence misused to fuel disinformation and discrimination, and democracy facing a ‘make-or-break year’ in 2024, with over 70 national elections. Each of these crises and conflicts are complex, yet they are also interconnected in four fundamental ways.
First, repression and rights violations are among the root causes of all these crises and conflicts…
Second, respect for human rights, and accountability for violations, is essential to address and resolve these crises and conflicts. ..
Third, very few States, if any, have been prepared to treat human rights as paramount and apply human rights standards in a principled, consistent way to each crisis and conflict. ..The selective and inconsistent application of international human rights law undermines the integrity of the framework, as well as the credibility, legitimacy and influence of States and other actors who engage in such double standards.
Fourth and finally, the work of human rights defenders at the national level, as well as their engagement and advocacy at the international level, is essential to address and resolve each of these conflicts and crises. Defenders prevent rights violations, document abuses, promote accountability, and propose solutions that are grounded in community priorities and needs. Indigenous rights defenders carry the knowledge that is necessary to live sustainably and to respect and protect the environment. Digital rights activists are pushing for rights-based regulation of artificial intelligence to ensure that humanity benefits from its innovations and efficiencies. Whistleblowers are exposing government wrongdoing and corporate misfeasance, working to safeguard democracy, while corporate accountability activists are campaigning for an international treaty on business and human rights. Women human rights defenders from Afghanistan are leading the campaign to hold the Taliban accountable for the crime of gender apartheid, while also ensuring that humanitarian aid reaches the most vulnerable populations. In Sudan, women defenders are leading peace movements and protests at the local level, as well as international advocacy, which was instrumental in the establishment of a UN investigative mechanism, further adding to the pressure on the Sudanese Armed Forces and the Rapid Support Forces to end the war. Despite the challenges, complexities and uncertainties we collectively face, we remain convinced that, with international human rights laws and standards providing a compass, human rights defenders can chart a course to a more peaceful, just and inclusive world….
Despite the challenging times, exacerbated by declining funding for international human rights advocacy and organisations by some States and foundations, ISHR continues to pursue a positive and forward-looking agenda.
We’re pleased that in 2023 the Democratic Republic of Congo enacted a specific national law on the protection of defenders, the culmination of years of work by ISHR and national partners. With this development, the DRC joins the ranks of countries like Côte d’Ivoire, Niger, Burkina Faso, Mali, and Mongolia amongst the countries where we have worked alongside national partners to strengthen legal frameworks for defenders and establish specific defender protection laws and will continue to work to ensure effective implementation.
In the area of women’s rights, we are working with defenders from Afghanistan and Iran, together with international legal experts, to push for the explicit recognition and codification of the atrocity crime of gender apartheid. This would fill an international protection gap for women and girls, as well as impose responsibilities on third States and non-State actors to take concrete steps to prevent and end gender apartheid.
With 2023 marking the 25th anniversary of the Declaration on Human Rights Defenders, we are coordinating a broad coalition to develop an authoritative baseline document of international and regional jurisprudence in relation to the protection of defenders, which will be launched in 2024.
And throughout 2024 we’ll continue allying with Black-led organisations to promote racial justice, with feminist and LGBTIQ+ organisations to resist anti-rights narratives and movements, with corporate accountability activists to strengthen laws on business and human rights, and with Global South defenders to ensure that key multilateral fora are relevant, accessible and responsive to them.
Reflecting on our collective wins over 2023, we identified one golden thread: human rights defenders working in dynamic coalitions, movements and networks to strategically leverage international law and mechanisms to contribute to positive change. With 2023 marking both the 75th anniversary of the Universal Declaration of Human Rights and the 25th anniversary of the Declaration on Human Rights Defenders, and 2024 marking ISHR’s own 40th anniversary, it is apt to recall that the work of defenders and the integrity of the international framework are essential to the realisation of human rights on the ground.
The promise of the Universal Declaration will only be fulfilled when we work in coalition to ensure that defenders are protected and that standards are consistently respected and applied.
On 14 March 2024, a large number of leading NGOs paid tribute to Cao Shunli, and all human rights defenders targeted by the Chinese government for their commitment to uphold the promise of the Universal Declaration of Human Rights. [see also: https://humanrightsdefenders.blog/tag/cao-shunli/]:
Cao Shunli was a brave Chinese woman human rights defender and lawyer. Working with fellow activists, Cao documented abuses, including the now-abolished ‘Re-education through Labour’ extrajudicial detention system, which she was also subjected to as a result of her human rights work. She campaigned for independent civil society to be meaningfully consulted and to be able to contribute to the Chinese government’s national reports to its first and second Universal Periodic Reviews (UPR). In an attempt to speak with government officials about the UPR, Cao courageously organised peaceful sit-ins with other concerned citizens outside the Ministry of Foreign Affairs despite great risks. She also submitted information on extralegal detention and torture in China to the UN and expressed the hope that ‘if we could get even 100 words’ into a UN report, ‘many of our problems could start to get addressed.’
On 14 September 2013, Chinese authorities detained Cao at the Beijing Capital International Airport as she was traveling to Geneva to participate in a human rights training, one month before China’s second UPR. Cao was forcibly disappeared for five weeks, until she resurfaced in criminal detention and was charged with ‘picking quarrels and provoking trouble’. By October 2013, it was clear that Cao Shunli was experiencing serious medical issues while in detention. After months of denial of adequate medical treatment, rejected appeals by her lawyers for bail on humanitarian grounds, and despite multiple calls from the international community for her urgent release, Cao died of multiple organ failure on 14 March 2014 in a hospital under heavy police guard to keep out her lawyers and friends.
Cao was one of the 2014 finalists of the prestigious Martin Ennals Award for Human Rights Defenders.
To this day, there has been no accountability for Cao Shunli’s death. The Chinese government refuses to admit wrongdoing, despite repeated calls in 2014 and 2019 by UN Special Procedures experts for a full investigation into this ‘deadly reprisal’.
Her case is one of the longest-standing unresolved cases in the UN Secretary-General’s annual reports on reprisals against civil society actors for engaging with the United Nations. China is one of the most consistent perpetrators of reprisals over time, and one of the most egregious perpetrators in terms of the sheer number of individuals targeted.
Cao is not alone: her courage, but also the abuses she endured, are unfortunately those of other human rights defenders who paid a high cost for cooperating with the UN. Her close colleague, Chen Jianfang was forcibly disappeared under Residential Surveillance at a Designated Location (RSDL) from 19-20 March 2019 after paying tribute to Cao Shunli on the 5th anniversary of her death. Chen was sentenced to four years and six months in jail for ‘inciting subversion of State power’ and left prison on 21 October 2023, after which authorities subjected her to strict surveillance. UN experts have raised with the Chinese government acts of reprisals against Chen Jianfang, but also Jiang Tianyong, Li Qiaochu, Dolkun Isa, Li Wenzu and Wang Qiaoling, among others. The recent instances of intimidation and harassment against NGO participants in China’s 4th UPR in January 2024 further highlight the gravity of the situation.
Li Qiaochu, Xu Zhiyong, Ding Jiaxi, Yu Wensheng, Xu Yan, Huang Xueqin, Li Yuhan, Chang Weiping: many other Chinese human rights defenders are today detained, disappeared, and at grave risk, for upholding the promise of the Universal Declaration of Human Rights.
These documented acts do not account for the even greater self-censorship and refusal to engage with the United Nation as a result of a generalised climate of fear.
Ten years ago, when ISHR and many other human rights groups sought to observe a moment of silence at the Human Rights Council in her memory, the Chinese delegation, together with other delegations, disrupted the session for an hour and half.
Cao Shunli is a paradigmatic case of reprisals, not only because of her prominence, but also due to the array of severe human rights violations against her, committed in total impunity. These range from Chinese authorities blocking her exit from her own country, enforced disappearance, arbitrary detention, lack of due process, torture or ill-treatment and denial of adequate medical care, to subsequent death in custody, and the lack of accountability for these abuses. The lack of any progress in achieving accountability underscores the urgent need for continued international attention and pressure on the Chinese government to ensure justice for Cao and all human rights defenders who face persecution for their work.
Cao Shunli said before her death: ‘Our impact may be large, may be small, and may be nothing. But we must try. It is our duty to the dispossessed and it is the right of civil society.’
Today, we pay tribute to Cao Shunli’s legacy, one that has inspired countless human rights defenders in China and abroad. We urge UN Member States to call for a full, independent, impartial investigation into her death. We reaffirm that no perpetrator of reprisals, no matter how powerful, is above scrutiny, and that reprisals are fundamentally incompatible with the values of the United Nations and of the Universal Declaration of Human Rights.
On 12 March 2024 the U.S. and European Union issued new joint guidance on Monday for online platforms to help mitigate virtual attacks targeting human rights defenders, reports Alexandra Kelley, Staff Correspondent, Nextgov/FCW.
Outlined in 10 steps, the guidance was formed following stakeholder consulting from January 2023 to February 2024. Entities including nongovernmental organizations, trade unionists, journalists, lawyers, environmental and land activists advised both governments on how to protect human rights defenders on the internet.
Recommendations within the guidance include: committing to an HRD [human rights defender] protection policy; identifying risks to HRDs; sharing information with peers and select stakeholders; creating policy to monitoring performance metric base marks; resource staff adequately; build a capacity to address local risks; offer safety tools education; create an incident reporting channel; provide access to help for HRDs; and incorporate a strong transparent infrastructure.
Digital threats HRDs face include target Internet shutdowns, censorship, malicious cyber activity, unlawful surveillance, and doxxing. Given the severity and reported increase of digital attacks against HRDs, the guidance calls upon online platforms to take mitigating measures.
“The United States and the European Union encourage online platforms to use these recommendations to determine and implement concrete steps to identify and mitigate risks to HRDs on or through their services or products,” the guidance reads.
The ten guiding points laid out in the document reflect existing transatlantic policy commitments, including the Declaration for the Future of the Internet. Like other digital guidance, however, these actions are voluntary.
“These recommendations may be followed by further actions taken by the United States or the European Union to promote rights-respecting approaches by online platforms to address the needs of HRDs,” the document said
Hans Thoolen on Human Rights Defenders and their awards 