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
On 12 March 2024 the recently appointed UN Special Rapporteur on the promotion and protection of human rights while countering terrorism, Ben Saul, warned that two decades of prolific global efforts to counter terrorism have not been matched by an equally robust commitment to human rights.
In his first report to the Human Rights Council, the Special Rapporteur painted a counter-terrorism landscape strewn with human rights violations, including unlawful killings, arbitrary detention, torture, unfair trials, privacy infringements from mass surveillance, and the criminalisation of freedoms of expression, assembly, association and political participation. For earlier posts on this topic, see: https://humanrightsdefenders.blog/tag/anti-terrorism-legislation/
“The misuse of counter-terrorism measures not only violates the rights of suspected criminals but can also jeopardise the freedoms of the innocent,” Saul said.
He condemned the rampant weaponisation of overly-broad terrorism offences against civil society, including political opponents, activists, human rights defenders, journalists, minorities, and students. Unjustified and protracted states of emergency continue to undermine human rights, the expert warned.
“Excessive military violence in response to terrorism also destroys fundamental rights, including through violations of international humanitarian law and international criminal law,” Saul said. “Cross-border military violence is increasingly used by states even when it is not justified under the international law of self-defence.”
“Many states have also failed to address the root causes of terrorism, including state violations of human rights – while impunity for those violations is endemic,” he said.
Saul said regrettably, the UN has been part of the problem, by encouraging authoritarian regimes to strengthen counter-terrorism laws in the absence of a rule of law culture or human rights safeguards. “The UN must also do better to meaningfully consult civil society on counter-terrorism,” he said.
Announcing his priorities for his three-year term, the Special Rapporteur said his focus would include ensuring regional organisations respect human rights when countering terrorism; all coercive administrative measures used to prevent terrorism comply with human rights; and States are held accountable for large-scale violations of human rights resulting from counter terrorism – and victims receive full and effective remedies.
Saul will also continue the efforts of his predecessor on preventing the abuse of counter-terrorism measures against civil society; protecting the 70,000 people arbitrarily detained in north-east Syria in the conflict against ISIL; protecting detainees and transferees from the detention facility at Guantánamo Bay, Cuba; ensuring that the UN safeguards human rights in its counter-terrorism work, regulating new technologies used in counter-terrorism; and protecting the victims of terrorism.
“Human rights in counter-terrorism are at increased risk because of rising authoritarianism, surging domestic polarisation and extremism, geopolitical competition, dysfunction in the Security Council and new tools, including social media, for fuelling dehumanisation, vilification, incitement and misinformation,” the Special Rapporteur warned.
“Double standards and selectivity by major powers in the enforcement of human rights is also eroding public confidence in the credibility of the international human rights system,” he said. “States must move beyond rhetorical commitment to human rights and instead place human rights at the heart of all counter-terrorism measures.”
According to the Business and Human Rights Resource Center (BHRRC), since January 2015, there have been nearly 5,000 attacks on human rights defenders working on business and human rights issues. Defenders and UN experts have long worked to hold businesses accountable for meeting their responsibilities to defend civic freedoms and protect human rights defenders. Part of this work has included articulating what these responsibilities are and practical steps to meet them.
Inspired by and building from the United Nations Guiding Principles on Business and Human Rights, the BHRRC and ISHR 2018 report, ‘Shared Space Under Pressure: Business Support for Civic Freedoms and Human Rights Defenders, Guidance for Companies,’ lays out the normative framework that clarifies the corporate responsibility to act and to do no harm against HRDs. The UN Working Group on Business and Human Rights reaffirmed this in their 2021 Guidance on ensuring respect for human rights defenders. This guidance develops the implications of the Guiding Principles for engaging with and safeguarding the rights of human rights defenders– providing both States and businesses with a set of recommendations to follow.
Over the last few years, there has been an increasing articulation of the responsibility of businesses to respect and promote civic freedoms and the rights of Human Rights Defenders. Some recent examples of these efforts include the 2023 Unilever human rights policy and implementation guide and the BHRRC Human Rights Defender Policy Tracker.
In this same spirit, ISHR is launching a set of Indicators on Business and Human Rights that cover the following areas:
Zero tolerance on intimidation, attacks and threats against HRDs
Human rights due diligence
Transparency and accountability
Access to remedy/grievance mechanisms
Support for civic freedoms
Requirements for business partners and suppliers to have similar commitments
The indicators come in list and poster form. ISHR has also produced a ‘snapshot’ of the UN Working Group’s Guidance on ensuring respect for human rights defenders, in the form of an explainer, available in multiple languages.
We created a wonderful “Responsibility of businesses” roadmap poster for you. It shows the important steps to take on the journey to a responsible business, respecting the rights of human rights defenders amongst all people. You can download it in poster size print quality in the download section and print it yourself to go on your office wall, to remind everyone about the little steps and big responsibility to take everyday.
Global Voices has released a special coverage called Empowering voices: Women in politics, which explores the state of women’s political participation around the world.
Human Rights First referred to a new report reveals that WHRDs face increasing harassment and threats from a global movement against gender equality and LGBTQI+ rights. The Kvinna till Kvinna Foundation, a leading feminist women’s rights organization, released Hope and Resistance Go Together: The State of Women Human Rights Defenders 2023, a report that found discouraging growth in harassment of WHRDs. The foundation surveyed 458 women’s and queer rights activists and interviewed 25 activists representing WHRDs from 67 countries affected by violence or conflict.
They found that 75% reported facing harassment for their activism, a 15% increase from two years ago, and 25% of respondents have received death threats. Most harassment comes from government authorities, but increased harassment from far-right groups and anti-gender equality actors is also driving these startling statistics. Human Rights Defenders (HRDs) across the world face resistance and violence. In 2022, at least 401 HRDs were killed for their peaceful work. But some of the obstacles facing WHRDs are distinct. https://humanrightsfirst.org/library/recognizing-women-human-rights-defenders-on-international-womens-day/
Human Rights Watch on 7 March carried a piece by Macarena Sáez who says inter alia:
On this International Women’s Day, we march for the one in three women who experience physical or sexual violence in their lifetime. We cheer for countries like Argentina, Colombia, and Ireland that value our autonomy to choose to be pregnant and have legalized access to safe abortion, while protesting that abortion is still or again illegal in many places, including US states like Alabama and Texas. At the same time, we march to honor the women who marched before us, like the Mexican women who organized the first feminist congress in 1916 to push for family law reforms and their right to vote, and the Nigerians who waged their “Women’s War” against colonization and patriarchal laws in 1929. Their struggles sadly mirror the reality of many women around the world today – especially women who belong to historically marginalized groups – who continue to rally against violence and abuse.
Fearing the power of women’s solidarity and collective actions, governments have stifled women’s speech through restrictions on movement, censorship, smear campaigns, and criminal prosecutions. In highly repressive contexts, like Afghanistan and Iran, women suffer arbitrary detention, and even enforced disappearance and torture, for their activism. Meanwhile, social media companies have not done enough to protect women from online violence, chilling women’s freedom of expression on and offline. These barriers make it hard for women’s equality to become reality. Gender justice requires an enabling environment in which women can express themselves, speak and spread their political views, and participate in political and public life. Instead of repressing or tolerating the repression of women, governments should recognize our collective actions – and consequent power – and enshrine our rights in laws, policies, and practice. [https://www.hrw.org/news/2024/03/07/womens-voices-have-power-drive-change]
On 8 March 8, 2024 Almyra Luna Kamilla and Rosalind Ratana opined in IMHO on “Navigating the storms of repression: The resilience of young women rights defenders in Asia”
In recent years, Asia has been witnessing rising authoritarianism and shrinking civic space. Among those in the frontlines of resistance are young women human rights defenders. As we celebrate International Women’s Day, let us demand for an enabling world where women human rights defenders can continue their noble pursuits without fear of reprisals.
In Thailand, the royal defamation law is being excessively used to silence criticisms against the monarchy. Meanwhile in Sri Lanka, economic and political mismanagement has sparked peaceful protests that are met with violence and intimidation. The fate of Asia’s political climate hangs by a thread as elections are held across many countries, including Bangladesh, Indonesia, India, South Korea, and Pakistan. Now more than ever, governments across the region are finding ways to solidify their power, putting an even tighter grip on civil society to the detriment of democracy and people’s fundamental rights and freedoms.
Despite such challenges, many are courageously speaking out and taking collective action to reclaim power for the people. This includes young women human rights defenders – or Youth WHRDs – who are claiming space to call out human rights violations and to demand accountability from oppressive governments. [https://www.rappler.com/voices/imho/young-women-rights-defenders-asia/]
The Alliance for Human Rights in Afghanistan(a coalition of 9 major NGOs) urgently appealed to the international community to significantly bolster its support and actively safeguard the human rights of Afghan women and girls, including Afghan women human rights defenders who face persecution for their peaceful campaigns for rights and basic freedoms.
In 2023, the Taliban further intensified its oppressive policies toward women, girls, the LGBTIQ+ community, and religious minorities. Afghan women and girls have seen their rights and prospects increasingly curtailed, from greater enforcement of restrictions on education – including a ban on girls attending secondary schools and universities – to intensifying exclusion of women from political and public life. Women have been banned from a growing list of forms of paid employment, and economic barriers, such as the ban on women registering organisations and undergoing vocational training, have contributed to a sharp decline in women’s participation in the labour market, impeding their right to make a living. This exacerbates financial insecurity, widens gender disparities, and further confines women to the private sphere. Lesbian, bisexual, and transgender women face severe threats, including torture, sexual violence, forced marriage, and death. Victims of gender violence, including those who identify as such, lack minimal legal and practical support. Obstacles to healthcare and education have exacerbated poverty and vulnerability among women and girls. In 2023, new discriminatory restrictions imposed by the Taliban included the closure of all beauty salons, blocking women from overseas travel for study, mandating female health workers in some areas to have a male chaperone while travelling or at work, and prohibiting women from entering a famous national park.
The oppressive environment extends to female activists, NGO leaders and journalists. Notable cases include the arrests of women’s rights activists Neda Parwani and Zholia Parsi, the enforced disappearance and subsequent discovery of Manizha Seddiqi in Taliban custody to date, the arrest of Matiullah Wesa, founder of an NGO advocating for girls’ education rights, and the arbitrary detainment of Ahmad Fahim Azimi and Seddiqullah Afghan—both dedicated girls’ education activists, among many others. Journalists reporting on the Taliban, facing arrests and threats, equally illustrate the difficulties encountered by the media, particularly women, when covering crimes against women or advocating for women’s rights. Collectively, these cases underscore the near-total denial of freedom of expression, gender equality, or any other internationally recognized right in Afghanistan under the Taliban.
Amid this growing oppression, segregation and fear, Afghan women human rights defenders have urged the international community to exert greater pressure on the Taliban. They call on international bodies to involve Afghan women in all negotiations with the Taliban and to facilitate direct meetings between women and the de facto authorities to address their concerns. Afghan women have also stressed the importance of advocacy for women’s rights by external actors based on the voices and realities of women inside Afghanistan. They call for coordinated efforts between organisations inside and outside the country to defend the rights of Afghan women and girls.
The UN Special Rapporteur on the situation of human rights in Afghanistan, Richard Bennett, called on the Taliban to release women human rights defenders as the world marks International Women’s Day.
I reiterate my appeal to the Taliban to respect all the human rights of women and girls in Afghanistan, including to education, work, freedom of movement and expression, and their cultural rights, and I urge the meaningful and equal participation of Afghan women and girls in all aspects of public life. I call on the Taliban to immediately and unconditionally release all those who have been arbitrarily detained for defending human rights, especially the rights of women and girls.”
On International Women’s Day, the a group of NGOs (ALQST for Human Rights, Amnesty International, CIVICUS, European Saudi Organization for Human Rights (ESOHR), Front Line Defenders, Gulf Centre for Human Rights (GCHR), HuMENA for Human Rights and Civic Engagement, International Service for Human Rights (ISHR),MENA Rights Group, Salam for Democracy and Human Rights) renewed their call on Saudi Arabian authorities to release all women human rights defenders (WHRDs), women’s rights activists and their supporters who are detained in contravention of international human rights standards. The organisations further call on Saudi authorities to lift travel bans imposed on WHRDs and their relatives, and to abolish the male guardianship system. [https://ishr.ch/latest-updates/civil-society-reiterates-their-call-on-saudi-authorities-to-release-jailed-womens-rights-activists/]
The President of Georgia awarded severl with mesla of honor: co-founder of “Safari” organization Babutsa Pataraia, human rights defender Ana Arganashvili, founders of “National Network for Protection from Violence”: Eliso Amirejibi and Nato Shavlakadze and founder of “Vedzeb” organization Tamar Museridze.
On 7 March 2024, the ISHR report that the Inter-American Court of Human Rights examined the Escazú Agreement’s role in safeguarding environmental defenders, a landmark move for climate justice and human rights
The Advisory Opinion, which has already garnered a record number of interventions – over 250, a record in the history of the court – will mark a rare instance in which the Court will analyse a treaty that is not part of the Inter-American System, but of the Economic Commission for Latin America and the Caribbean: the ‘Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean’, also known as the ‘Escazú Agreement‘. For more on this, see: https://humanrightsdefenders.blog/tag/escazu-agreement/
In order to support the protection of environmental defenders, ISHR filed an intervention on environmental defenders, in collaboration with CIEL, FARN, and other international, regional and national organisations and human rights experts.
The obligation to effectively protect EHRDs
The Inter-American Court of Human Rights has already recognised that States are obliged to protecthuman rights defenders, arising from the general obligations to protect the rights to life and integrity of the person, among others. However, the Court has yet to expressly establish whether protecting environmental defenders is an obligation that also derives from environmental commitments made by States, as these stakeholders are an indispensable partner in the fight against climate change.
This is an opportunity for the Court to recognise that, in order to guarantee the right to a clean, healthy and sustainable environment, States must protect environmental defenders, as violating their rights also violates the rights they are defending.
The Court is also called to elaborate upon the specific protection needs of Indigenous, women and youth defenders. These groups face particular forms of attacks which must be addressed with cultural and gender perspectives, taking into account not only the particularities of the attacks they suffer, but also of their needs and desires.
In the case of Indigenous groups, the existing jurisprudence of the Court on recognising collective rights, along with the language used in article 9 of the Escazú Agreement – which establishes that ‘persons, groups and organisations’ can defend human rights – provides an opportunity to firmly establish the existence of a collective right to defend human rights, as well as the State’s obligation to set up and adapt their protection measures and mechanisms to ensure that collective protection is available when needed.
Environmental defenders and ‘access rights’
While the express mention of environmental defenders in the Escazú Agreement is extremely important, it is not its main focus. The treaty contains several obligations for States to guarantee access to information, to decision-making spaces and to justice in environmental matters.
These ‘access rights’ are applicable to all persons, but the Inter-American Court must reaffirm and elaborate upon its own jurisprudence related to their applicability for environmental defenders, which states that: ‘defenders cannot properly defend environmental rights if they cannot exercise their own rights of access to information, freedom of expression, assembly and peaceful association, guarantees of non-discrimination and participation in decision-making‘.
This is also an opportunity for the Court to clearly assert that private actors are also under the obligation to respect these rights, which includes conducting meaningful consultations and ensuring the free, prior and informed consent of communities affected by their projects.
The extent of the Advisory Opinion
Latin America is the region with the most and the oldest laws and protection mechanisms regarding human rights defenders, so it was only logical that it would be the first region to adopt the first treaty that expressly protects them.
The Inter-American Court has also been a pioneer in this regard. It was the first regional human rights court to deal with human rights defenders’ cases and order structural reforms to better protect them.
These successes must be celebrated, but there is still work to be done. The coming years will see an increase in three areas, all linked with one another: climate crisis, the amount of environmental defenders, and the risks faced by defenders.
The Court must seize this opportunity and set an example for countries in the region and beyond on how to properly defend the rights of those that defend our rights.
UN Report Unveils Strategies to Shield Child, Youth Human Rights Defenders
Emmanuel Abara Benson, on 6 March 2024, unveils in BNN a new UN report which highlights the challenges faced by young activists, advocating for global support and legal frameworks to safeguard their rights and efforts:
Amnesty International heralds a new UN report as a significant advancement for young activists worldwide, set to be introduced by UN Special Rapporteur Mary Lawlor during the 55th Session of the Human Rights Council on 12 March 2024. The document, titled “We are not just the future”: challenges faced by child and youth human rights defenders”, highlights the unique challenges faced by young activists, including oppression, age-based discrimination, and barriers to resources and legal aid.
The report by Mary Lawlor sheds light on the considerable obstacles child and youth defenders encounter, such as intimidation, threats, and attacks, both in physical and digital realms. Amnesty International’s Sara Vida Coumans emphasizes the overdue recognition of the distinct experiences and adversities young defenders face compared to their adult counterparts. The report also addresses the issue of “gatekeeping” by adult-led groups, which hampers the ability of young activists to access necessary resources and participate in decision-making processes.
Amnesty International has documented numerous instances of abuses against young human rights defenders. Examples include Fatima Movlamli from Azerbaijan and Mahmoud Hussein from Egypt, who faced intimidation and arbitrary detention, respectively, due to their activism. Moreover, the report mentions the plight of child climate defender Leonela Moncayo in Ecuador, who was intimidated with an explosive device outside her home, highlighting the risks young activists face. The organization calls for governments worldwide to heed the Special Rapporteur’s recommendations, particularly in providing legal aid and support for young defenders. See also: https://humanrightsdefenders.blog/2023/11/13/hrw-submission-to-special-rapporteur-focuses-on-child-and-youth-human-rights-defenders/
The document not only brings to the forefront the specific challenges faced by child and young human rights defenders but also underscores the importance of global support and legal frameworks to safeguard these individuals. By spotlighting the adverse impact of social media, the right to peaceful assembly, and the effects of climate change on young people, the report advocates for a more inclusive and supportive environment for young activists. Governments are urged to adopt the recommendations, recognizing the vital role of young defenders in advocating for human rights and democratic reforms.
This groundbreaking report marks a pivotal moment in the recognition and support of child and young human rights defenders. By highlighting the unique challenges they face and offering targeted strategies for protection, the UN and Amnesty International are paving the way for a more inclusive and equitable future for young activists. The global community’s response to these recommendations will be instrumental in ensuring that young voices are not only heard, but also protected in their brave efforts to defend human rights.
Now in its 18th year, the Secretary of State’s IWOC Award recognizes women from around the globe who have demonstrated exceptional courage, strength, and leadership in advocating for peace, justice, human rights, gender equity and equality, and the empowerment of women and girls, in all their diversity – often at great personal risk and sacrifice. The 2024 awardees and many earlier laureates can be found via the Digest link above.
USAID Administrator Samantha Power had the following to say: It has always taken bravery and stubbornness to stand up for human rights. But today the threats that human rights activists and defenders face – from threats to their families to legal retribution to imprisonment and outright violence at the hands of those who would prefer to see them silenced – those threats are grave, and sadly they are growing. In 2022, more than 400 human rights defenders were murdered, the highest number ever recorded in a single year. I am in awe of the women we are honouring today for their courage.
They refuse to back down because of a shared conviction captured by Fatima Corazon, one of the women we are recognizing today. As she puts it, courage, even in the face of danger and fear is the driving force to achieve positive change. The women we are honoring live this conviction every minute of every day. They have been unjustly imprisoned, they have been driven from their homes or trapped inside their homes, they have seen their families and their colleagues attacked, or they have received death threats and been assaulted themselves.
But they do not relent. They go on fighting, they fight for the rights of political prisoners, they organize movements to bring services to marginalized communities, they publish articles, they host rallies, and they call out injustice wherever they can. Even in the most dangerous places against all odds, they are continuing their work demonstrating incredible, inspiring courage and putting their lives on the line to defend human rights.
Benafsha Yaqoobi has dedicated her life to defending the rights of women and girls in Afghanistan. A former attorney and member of the Afghanistan Independent Human Rights Commission, she has helped women escape violence and visually impaired children attend school. Today, she continues to fight for the future of Afghanistan – one that respects human rights and human dignity.
Born in Isla Luis Vargas Torres, one of the most violent enclaves within Esmeraldas, Ecuador, Fátima Corozo has put her life on the line to draw hundreds of young people away from rising gang violence and help them get the education and job opportunities they need to build the futures they want for themselves.
Martha Beatriz Roque Cabello was the only woman amongst 75 people imprisoned during the black spring, Cuba’s crackdown on dissidents two decades ago, Martha was jailed for her activism. After her release, she continued to fight for the rights of political prisoners documenting fraudulent court hearings and supporting activists and their families. Unfortunately, as the Secretary relayed, the Cuban government is preventing Ms. Roque Cabello from leaving the country. So she is not here to accept the award, but let us give her a heartfelt round of applause.
As a result of Fariba Balouch’s outspoken activism for the rights of women and systematically oppressed ethnic minorities in Iran’s poorest province of Sistan and Baluchestan, Iranian authorities have threatened her life. And after she escaped to London, they detained her son and brother in a further attempt to intimidate her. Yet, Ms. Balouch believes the only way forward is resistance, and she continues to advocate for marginalized communities in Iran refusing to be silenced.
On Tuesday, 5th March, 2pm – at the Palais des Nations, Room XXV- will take place the side event Resisting in Exile: Voice of Human Rights Defenders
“I do not like the idea of being a refugee. I do not want to leave the country because I wanted to make it better.” Human rights defender quoted by the Special Rapporteur on Human Rights Defenders in A/HRC/37/51.
In ‘People Power Under Attack’ (2022), CIVICUS reports that the number of countries where civic freedoms are being curtailed and civil society is under severe attack is increasing… In such contexts and under such pressure, defenders can see leaving the country as their only option. These defenders, along with defenders expelled by their home governments, face the huge challenges of short or protracted exile, including economic insecurity and ongoing threats. Defenders in exile question if and how they can continue human rights work from abroad and how those who remain deal with a fractured human rights community.
In this event the four organisers [Centre for Civil and Political Rights (CCPR-Centre), International Institute on Race, Equality and Human Rights, (Race and Equality), International Service for Human Rights (ISHR), and DefendDefenders] will bring the voices of human rights defenders from around the world to the Council so that States, UN experts and officials and civil society colleagues can hear their voices. What is the experience of being in exile like? What is the impact on individual work and that of the community of defenders? What demands do exile defenders make to the Council?
This event aims to raise greater awareness about the phenomenon of defenders in exile and encourage discussion and action on how to support these defenders. It is also aimed at looking at what is needed to prevent exile becoming some defenders’ only feasible option.
During this event, defenders in exile from will speak of the impact of their experience of exile on their own lives, those of their families, and their communities. They will highlight the specific needs defenders in exile have in terms of legal guarantees, and political and financial support and of their ongoing work to defend rights from exile.
Defenders in exile will also send in testimonies, to be shown in video form or read out by fellow defenders. We aim to fill the room with the voices of those in exile who cannot be in Geneva to participate directly.
Recall the recommendations made by the previous Special Rapporteur on Human Rights Defenders, Michel Forst, in his 2018 report to the Council (A/HRC/37/51), including in regard to the prohibition of non-refoulement to persecution, relocation schemes, and access to protection measures for defenders in exile.
The conversation will take place during the Council session when the Special Rapporteur on Human Rights Defenders will be presenting her report to the Council. We hope that the Special Rapporteur will be available to, highlight the need for greater attention to, and investment in the prevention of, the closure of civic space so as to forestall the need for defenders to leave the country.
In a landmark paper, the UN Special Rapporteur on Environmental Defenders under the Aarhus Convention warns that the continued State efforts to repress and criminalise environmental protests, including direct action and civil disobedience, are a threat to fundamental freedoms and democracy itself.
The world is currently facing a triple planetary crisis and despite this alarming and unprecedented situation, States are failing to meaningfully address it. In response to this, environmental human right defenders (EHRDs), Indigenous Peoples, peasants movements and civil society from around the world have exercised their right to peacefully protest and participate in demonstrations to pressure their governments into taking concrete actions.
Some of these demonstrations have taken the form of civil disobedience which has been disproportionately repressed by governments and law enforcement officials.
On 28 February 2024 Michel Forst, the UN Special Rapporteur on Environmental Defenders, published a position paper highlighting a trend towards the repression and criminalisation of defenders engaging in environmental protests and civil disobedience in Europe, as well as an alarming toughening of stances against them in political discourse and the law enforcement and judicial practices. [The UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters – known as the Aarhus Convention – was adopted in 1998. It aims to protect every person’s right to live in an environment adequate to his or her health and well-being.] See also: https://humanrightsdefenders.blog/tag/aarhus-convention/]
Forst also points to legislative attempts to ban specific organisations – citing France’s Soulèvements de la Terre, Spain’s Futuro Vegetal, or Letze Generation in Germany and Austria. These moves come alongside new or updated laws – including the UK’s ‘2022 Police, Crime, Sentencing and Courts Act’ and Italy’s 2024 ‘eco vandalism’ law -, which the paper says have virtually prohibited certain kinds of protests.
The Special Rapporteur flags how politicians demonise environmental movements engaging in civil disobedience, while national or pan-European intelligence services no longer hesitate to label peaceful groups or individuals as potential or genuine terrorist threats.
The paper also recognises that European States have been disproportionately and increasingly used criminal, administrative and civil measures against environmental human rights defenders recurring to civil disobedience. This includes excessive and disproportionate use of force against them and extensive investigation and surveillance measures.
Other takeaways include the use of social media by State and non-state actors that have contributed to creating negative narratives against EHRDs and the challenges that defenders and activists face to access to justice.
While civil disobedience tactics have been recently used in protests related to climate justice, they have been constantly used to advocate for other legitimate causes including international solidarity, where States have also criminalised such moves.
This paper also comes shortly after the 25th anniversary of the UN Declaration of Human Right Defenders and it is a good reminder that civil disobedience is and should be recognised as a legitimate form of exercising the rights to freedom of expression and peaceful assembly.
States must stop criminalising human right defenders exercising these rights and focus on addressing the root causes of their mobilisation.
At the 55th session of the Human Rights Council, Volker Türk – UN High Commissioner for Human Rights – made his overview statement on 4 march 2024. Here some highlights:
….Around the world, 55 conflicts are flaring. Widespread violations of international humanitarian and human rights law are generating devastating impact on millions of civilians. Displacement and humanitarian crises have already reached an unprecedented scale. And all of these conflicts have regional and global impact.
Overlapping emergencies make the spectre of spillover conflict very real. The war in Gaza has explosive impact across the Middle East. Conflicts in other regions – including in the Horn of Africa, Sudan and the Sahel – could also escalate sharply. Increasing militarisation on the Korean Peninsula raises threat levels. The deteriorating security c risis in the eastern provinces of the Democratic Republic of the Congo, which the Council will address on 3 April, is alarming. In the Red Sea, as well as the Black Sea, attacks are creating shock-waves for the global transport of goods, adding to the economic pain inflicted on less developed countries…..
In Latin America and the Caribbean, the prevalence and violence of gangs and organized crime have severe impact on the lives and rights of millions of people, including in Ecuador, Haiti, Honduras and Mexico. Punitive and militarized responses have in some cases led to grave human rights violations, potentially further fuelling violence. Only policies grounded in human rights can provide effective and sustainable solutions. Corruption, impunity, poor governance and the structural root causes of violence – such as discrimination and failure to uphold economic, social and cultural rights – must be tackled, with the full participation of civil society and affected communities. International cooperation needs to be enhanced, to address the illegal arms trade and ensure accountability for transnational crimes…
Fear is fragmenting societies across the world, unleashing fury and hatred. They are also fuelled by a winner-take-all attitude that frames elections as the spoils of conquest.
..Good governance requires constant oversight and accountability, via independent checks and balances to the exercise of power, meaning that it is strongly underpinned by the rule of law, including independent justice systems. Fundamental freedoms – the rights to freedom of opinion, expression, peaceful assembly and association – are also essential.
…
I am profoundly concerned by the prospect of intense disinformation campaigns in the context of elections, fuelled by generative artificial intelligence. There is an acute need for robust regulatory frameworks to ensure responsible use of generative AI, and my Office is doing its utmost to advance them…
Autocracy and military coups are the negation of democracy. Every election – even an imperfect one – constitutes an effort to at least formally acknowledge the universal aspiratio n to democracy However, in a so-called ‘illiberal democracy’ – or, as the Prime Minister of Hungary referred to his country, an ‘illiberal State’ – the formal structure of election is maintained, civic freedoms are restricted, the media’s scrutiny of governance is eroded by installing government control over key media outlets, and independent oversight and justice institutions are deeply undermined, concentrating power in the executive branch.
It is important to recognise that in many cases, this year’s electoral processes will ensure a smooth transfer of power, free of hatred; and that the governance structures that result will broadly achieve their main function of representing the many voices of the people, and advancing their rights.
But in other cases, I have serious concerns about the human rights context in which several elections are taking place.
In the Russian Federation, the authorities have further intensified their repression of dissenting voices prior to this month’s Presidential election. Several candidates have been prevented from running, due to alleged administrative irregularities. The death in prison of opposition leader Alexei Navalny adds to my serious concerns about his persecution. Since the onset of Russia’s war on Ukraine, t housands of politicians, journalists, human rights defenders, lawyers and people who have simply spoken their minds on social media have faced administrative and criminal charges, and this trend appears to have worsened in recent months, with many cultural figures targeted. Last month, a new bill passed into law that further punishes people convicted of distributing information deemed to be false about Russia’s armed forces, as well as people who seek to implement decisions by international organizations that the Russian Federation “does not take part in”. I urge a swift and comprehensive review of all cases of deprivation of liberty that result from the exercise of fundamental freedoms; as well as an immediate end to the repression of independent voices and the legal professionals who represent them. The future of the country depends on an open space.
Iran’s legislative election three days ago was Iranians’ first opportunity to vote since the “Women, Life, Freedom” protests of 2022 and 2023. It took place in a country that has been deeply divided by the Government’s repression of the rights of women and girls. People who participated in the protests have been persecuted, imprisoned on long sentences and in some cases, put to death. The draft Bill on “Supporting the Family by Promoting the Culture of Chastity and Hijab”, if adopted, would impose severe punishments for acts that should not be deemed criminal in any country. In my ongoing engagement with the Iranian authorities, I have urged immediate reforms to uphold the rights of all Iranians, including the right of women to make their own choices, and an immediate moratorium on the death penalty….
In the United States of America, in this electoral year, it is particularly important for authorities at all levels to implement recent recommendations by the UN Human Rights Committee to ensure that suffrage is non-discriminatory, equal and universal. A 2021 Presidential executive order acknowledges that disproportionate and discriminatory policies and other obstacles have restricted the right to vote for people of African descent, and emphasises the need to overturn them. Yet according to the Brennan Center for Justice , at least 14 states have passed laws in 2023 that have the effect of making voting more difficult. In a context of intense political polarisation, it is important to emphasise equal rights, and the equal value of every citizen’s vote…
In Afghanistan, I deplore continuing and systematic violations of human rights, particularly the comprehensive violations of the rights of women and girls, which exclude them from every aspect of public life, including secondary and tertiary education; employment; and movement. Advancing the rights of women and girls must be the highest priority for all who work on and in Afghanistan. The civic freedoms and media freedoms of all Afghans are profoundly curtailed, with many women human rights defenders and journalists suffering arbitrary detentions. The resumption of public executions is horrific. I remain concerned about forced expulsion of Afghans from neighbouring countries, particularly for those who face a risk of persecution, torture or other irreparable harm in Afghanistan.
In the United Arab Emirates, another mass trial is underway based on counter-terrorism legislation that contravenes human rights law. In December, new charges were brought against 84 people, including human rights defenders, journalists and others who were already in prison. Several were nearing the end of their sentence or have been arbitrarily held in detention after completion of their sentence. Their joint prosecution constitutes the second-largest mass trial in the UAE’s history, after the so-called “UAE94” case in 2021, and includes many of the same defendants. I remain concerned about broader patterns of suppression of dissent and the civic space in the country, and I urge the Government to review domestic laws in line with international human rights recommendations.
Dialogue between China and my Office continues in areas such as counterterrorism policies, gender equality, minority protection, civic space, and economic, social and cultural rights. As we move forward, it is important that this dialogue yield concrete results, notably in respect of the policy areas raised during the Universal Periodic Review. I recognise China’s advances in alleviating poverty and advancing development, and I have urged that these advances be accompanied by reforms to align relevant laws and policies with international human rights standards. During the UPR, China announced plans to adopt 30 new measures for human rights protection, including amendments to the Criminal Law, and revisions of the Criminal Procedure Law. My Office looks forward to engaging with China on this; I particularly encourage revision of the vague offence of “picking quarrels and making trouble” in Article 293 of the Criminal Law, and I urge the release of human rights defenders, lawyers and others detained under such legislation. I also call on the Government to implement the recommendations made by my Office and other human rights bodies in relation to laws, policies and practises that violate fundamental rights, including in the Xinjiang and Tibet regions. I am engaging with the Hong Kong authorities on continuing concerns about national security laws…
In many countries, including in Europe and North America, I am concerned by the apparently growing influence of so-called “great replacement” conspiracy theories, based on the false notion that Jews, Muslims, non-white people and migrants seek to “replace” or suppress countries’ cultures and peoples. These delusional and deeply racist ideas have directly influenced many perpetrators of violence. Together with the so called “war on woke,” which is really a war on inclusion, these ideas aim to exclude racial minorities – particularly women from racial minorities – and LGBTQ+ people from full equality. Multiculturalism is not a threat: it is the history of humanity, and deeply beneficial to us all.
Peace, like development, is built and nourished through rights. It is by upholding and advancing the full spectrum of human rights, including the right to development and the right to a clean, healthy and sustainable environment, that States can craft solutions that are durable – because they respond to the universal truth of our equality and the inextinguishable desire for freedom and justice.
History is a record of humanity’s capacity to surmount the worst challenges. Among the greatest achievements of humanity over the past 75 years has been the recognition that addressing human rights in every country– all human rights; it is not an à la carte menu – is a matter of international concern.
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Hans Thoolen on Human Rights Defenders and their awards 