In March, Margaret Sekaggya will finish her term as the UN Special Rapporteur on Human Rights Defenders. For more than five years the Ugandan Margaret Sekaggya has served the mandate with dedication and commitment, and has played an integral role in promoting the work of and furthering protection for human rights defenders around the world.
Also it has been announced that the new Special Rapporteur will be Michel Forst , from France.
He is a lawyer by training and the Secretary General of the Commission Nationale Consultative des Droits de l’Homme de la Republique Française. From 2008 – 2013, he was the Independent Expert of the United Nations on the situation of human rights in Haiti. He was Director General of Amnesty International in France and worked in the human rights department of UNESCO. Mr. Forst is also a founding trustee of Front Line Defenders.
In short, Margaret Sekaggya did a great job – like her predecessor Hina Jilani – and the credentials of the new Rapporteur give all reason to hope that the level of knowledge and commitment will be maintained. Glad to report something good coming out of the Council!
“States that commit or tolerate reprisals against #HRDs for cooperation with #UN should loose their voting rights says@thoolen“ is what Michael Ineichen twitted about my intervention in a meeting in Geneva organized by the ISHR. on 11 March. And that is basically correct. However, a bit more explanation of my rather ‘extremist position’ may be in order:
The topic of reprisals against persons who cooperate (as witnesses) with the UN and its various office holders has been raised by many, including this blog. [see: https://thoolen.wordpress.com/2013/09/20/protecting-human-rights-defenders-from-reprisals-crucial-issue-with-timely-article-and-side-event-on-24-september/ and https://thoolen.wordpress.com/2013/10/14/conclusions-of-side-event-on-reprisals-against-human-rights-defenders/.] When at the very well-attended side event organized by the International Service for Human Rights in the margin of the UN Council of Human Rights, the issue of reprisals came up again, I said that the international community is perhaps a bit too timid in its reaction to the increase in reprisals against Human Rights Defenders who testify to or cooperate with the United Nations. I stated that ‘messing with witnesses’ is considered by judges in almost all legal systems as an extremely grave thing. Or taking another analogy from legal thinking: a crime is considered a ‘qualified crime’ or ‘aggravated crime’ (and punished more severely) when certain circumstances are present, including when there is a dependency link between the victim and the perpetrator (think of murder or rape by the a custodian, a teacher or a doctor).
The resolution establishing the new Human Rights Council – replacing the previous Commission – states that “members elected to the Council shall uphold the highest standards in the promotion and protection of human rights.” And one of the novelties touted was that the General Assembly, via a two-thirds majority, can suspend the rights and privileges of any Council member that it decides has persistently committed gross and systematic violations of human rights during its term of membership.
The chilling effect that reprisals can have – especially when met with impunity – is potentially extremely damaging for the whole UN system of human rights procedures and will undo the slow but steady process of the last decades. Taken together with the above-mentioned seriousness of the aggravating character of reprisals, a powerful coalition of international and regional NGOs could well start public hearings with the purpose of demanding that States that commit reprisal be suspended.
If States can lose their right to vote in the General Assembly if they do not pay their fees for several years, there is in fact nothing shocking in demanding that States, who persecute and intimidate human rights defenders BECAUSE they cooperate with the United Nations, are not allowed to take part in the proceedings of the UN human rights body.
There seems to be almost unanimous agreement in the human rights movement that in outreach it will have to focus more on the visual aspects. In my end of year post in 2013 (see below) I tried to show to what extent this is already happening but a lot more systematic work is needed. Therefore it is good to be able to announce that True Heroes Films [THF] has concluded a coöperation agreementwith the Geneva-based International Service for Human Rights [ISHR] with the purpose of supporting the visualisation process. As from Monday 10 March 2014 THF will operate a professionally equipped studio in the offices of the ISHR, strategically located close to the UN in Geneva. This will allow THF to provide images-related services, not just to the host but – against preferential fees – to all human rights organisations in the Geneva area. Read the rest of this entry »
Rolando Jiménez Perez,Chilean human rights defender, is given the floor in the newsletter of the International Service for Human Rights [ISHR] of February 2014. Here are some of the most quotable statements but the whole interview with Camille Marquis is worth reading:
‘I wanted to fight for human rights in order to help lesbians, gays, bisexuals and transsexuals and to put an end to any brutality for reasons of sexual orientation and gender identity. During the dictatorship of Augusto Pinochet, Rolando Jiménez Pérez was a member of the Communist Party driven, along with his fellow party workers, by the goal of restoring democracy. His sexuality was used by the party as a means to belittle him. This brought home to Rolando just how strong a role a person’s sexual orientation could play and he made up his mind that once the dictatorship was over he would turn his attention entirely to human rights and in particular towards lesbian, gay, bisexual and transgender (LGBT) people.
Last year was the worst for human rights since 2008, says the 2013 annual report from Chinese Human Rights Defenders [CHRD]. The signature “Chinese Dream” of the new leadership has instead become a “nightmare,” it says. “The Chinese government’s assault on activists last year indicates just how far authorities under the rule of President Xi Jinping are willing to go to suppress an increasingly active and emboldened civil society,” said Renee Xia, the international director of CHRD. Read the rest of this entry »
With the start of the Human Rights Council in Geneva, there is also a plethora of side events scheduled. I will focus only on those that have Human Rights Defenders as a central theme (e.g. https://thoolen.wordpress.com/2014/02/14/important-human-rights-council-side-event-on-11-march-to-be-followed-on-internet/). Another one that promises to be interesting is organised by the Permanent Missions of the Netherlands and Argentina on 14 March 2014 from 13h00 – 15h:00 in Room XXI of the Palais des Nations. The main ingredient is the screening of a documentary: “Theo van Boven: a tribute”.
[Theo van Boven was Director of Human Rights in the UN in the early 80’s and was instrumental in creating what are now called the special procedures. How he was “hired and fired” by the UN in 1982 for the same reason – his deep concern for the right of people – is described in my collection of speeches by Theo van Boven: People Matter: Views on International Human Rights Policy (Meulenhoff: Amsterdam 1982)]
The film is introduced by Kees Flinterman (member of the Human Rights Committee) and Ms Flavia Pansieri, Deputy High Commissioner for Human Rights. The screening is followed by a panel discussion with:
Roderick van Schreven, Ambassador of the Kingdom of the Netherlands (moderator)
Alberto Pedro D’Alotto, Ambassador of the Argentine Republic
Tom McCarthy, former senior officer of the UN Centre for Human Rights/OHCHR
Bertrand Ramcharan, former acting High Commissioner for Human Rights
Adrien-Claude Zoller, founder of human rights NGOs
Finally Theo himself will give some closing remarks.
For those who want to know more about his academic work there is an anthology that brings together a selection of his writings from 1966 to 1998: http://www.brill.com/human-rights-exclusion-inclusion-principles-and-practice. And to show how he continues to contribute in practical terms see his explanation of why the Theo van Boven fund has been established and what the goals are, on You Tube:
(High Commissioner for Human Rights Navi Pillay at the 25th session of the Human Rights Council. UN Photo/Jean-Marc Ferré)
Yesterday, 3 March 2014, the top UN functionaries opened the 25th session of the UN Human Rights Council with calls for the protection of members of civil society who pursue justice in their countries (a long euphemism for Human Rights Defenders).
“Streets, airwaves, entire countries are buzzing with demands for economic, social and political justice,” UN High Commissioner for Human Rights Navi Pillay said. Setting out this agenda and acknowledging the hard work that lay ahead in ensuring that all people enjoyed equal rights, Ms. Pillay emphasized the important role of civil society in those efforts. “We need to work together to ensure that the space, voice and knowledge of civil society is nurtured in all our countries,” she stressed. Recalling reports of what she labelled “intolerable” reprisals against people who coöperate with the UN’s human rights activities, she called for more action to protect them. “The UN itself is required to protect and support those who contribute to its work, often at great personal risk,” she said.
Secretary-GeneralBan Ki-moon added on this point that, “No one should have to risk their life for standing up and speaking out on violations of human rights and international humanitarian law.” Civil society was the representative of “We the Peoples,” as cited in the opening of the UN Charter, and that it must be able to carry out its vital work, “free of reprisals and intimidation.” In that context, the Secretary-General highlighted the “Rights Up Front” action plan that he launched last year to ensure that human rights considerations were the top priority in all UN activities. “This initiative seeks to ensure that the United Nations system leverages the full breadth of its mandates to protect people at risk,” he said. [https://thoolen.wordpress.com/2013/12/26/rights-up-front-presented-by-jan-eliason-it-is-irrefutable-that-serious-human-rights-violations-are-the-best-early-warning-of-atrocities/]
Interesting to note that while in Geneva, the Secretary-General met 4 NGOs: the International Service for Human Rights, Amnesty International, Human Rights Watch and the International Commission of Jurists. Their discussion certainly stressed human rights defenders and the importance of protecting them from attacks.
Regular readers of this blog know that I like the idea of holding celebritiesaccountable (most recently: https://thoolen.wordpress.com/2014/02/10/star-power-and-human-rights-a-difficult-but-doable-mix/). The reason is that there is a mutually reinforcing (and for many profitable) interaction between the stars and the media (which in turn feed on the interest of the public). Celebrities’ views on all kind of issues – including human rights – can hardly be called private. Their social media are virtual industries and influence millions globally. So it seems a good idea to have an annual look at which celebrities have advanced and which have harmed the cause of human rights around the world. Halvorssen and Leigh Hancock ( of the Human Rights Foundation) have done exactly that in the Atlantic on 27 February 2004 and linked it to the upcoming Oscars night on Sunday.
(Gary Hershorn/Reuters)
The list of celebrities deserving recognition for their accomplishments in the field of human rights or those who should be ashamed for supporting human-rights violators, is long and contains many video links. Like the real Oscars, the list is slanted in terms of geopolitical interest and I think that ifall major international human rights organisations would get together to agree on a list if would be more balanced, but that is probably wishful thinking. Still, the Human Rights Foundation deserves credit for this creative initiative. and here is the summary:
The International Film Festival and Forum on Human Rights [FIFDH] was inaugurated in 2003. This year’s session runs from 7 to 16 March, 2014. On purpose it coincides with the UN Human Rights Council. This simultaneous event helps to make the Festival a Platform for discussion and debates on a wide variety of topics concerning human rights. As a genuine Forum on Human Rights, the Festival informs and firmly denounces violations of civil, political, economic, social and cultural rights wherever they occur. In the heart of Geneva, the “international hub for human rights”, the FIFDH offers debates as well as unscreened films and solidarity actions. The link to the full programme is: http://www.fifdh.org/2014/index.php?rubID=101&lan=en Read the rest of this entry »
(People hold candles at Light the Dark – a vigil in response to tragic turn of events on Manus Island that left one person dead and 77 injured. Source: News Corp Australia)
On 26 February the Australian Herald Sun contained an article by Rita Panahi under the provocative title: “Human rights lectures are little more than a joke“. In it she hits hard at some countries that criticize Australia’s interception and detention policy of refugees. “Being lectured to by China and Iran about human rights abuses is a bit like taking advice on etiquette from Miley Cyrus. It’s not just the pot calling the sparkly stainless steel kettle black, but then accusing it of racial profiling.” Quite rightly she points to the irony that Iran feels “emboldened to attack, despite the fact the young man killed was supposedly fleeing that country.”[The riots in Manus Island detention centre escalated into a riot on Monday and 23-year-old Iranian Reza Berati was killed’]
Even China, with its record of silencing dissidents, felt entitled to question Australia’s record. China’s Foreign Affairs Vice-Minister, Li Baodong, criticised our asylum policy and expressed concern for “the protection of refugees and asylum seekers and the right of the children of refugees”. He said: “We have also asked about whether these refugees will be illegally repatriated to other countries.”
In looking at the China’s own human rights record the author then states: “Of course, China’s human rights abuses are not restricted to terrorising pregnant women. According to Amnesty International, “harassment, surveillance, house arrest and imprisonment of human rights defenders are on the rise and censorship of the internet and other media has grown. Repression of minority groups, including Tibetans, Uighurs and Mongolians, and of Falun Gong practitioners and Christians who practise their religion outside state-sanctioned churches, continues”. China and Iran indeed also execute more people than any other country.
However, to conclude now that these nations have “no right to question any country, let alone one with values of freedom and fairness, such as Australia” is a bit much. If only ‘sparkly’ clean countries are allowed to address human rights issues, it is going to be extremely silent. Would it not be preferable to have a substantive discussion of human rights issues? One that would include – in the case of Rita Pahani – at least a mention of the statement by Amnesty International – so eagerly quoted on above on China – on Australia’s refugee policy. It should not have escaped the author as the Amnesty statement came just two days before her own writing.
To help in her research: “On Monday 24 February, Amnesty International in a report took a swipe at Australia for the way the country has responded to the global refugee crisis. Amnesty said Canberra should have accepted more refugees fleeing the bloody crisis in Syria. The group said the country had the capability to take in seven thousand five hundred Syrian refugees. The rights group also called on Canberra not to send and detain vulnerable refugees on Islands in Papua New Guinea and the Republic of Nauru.” http://www.presstv.ir/detail/2014/02/24/352094/aussies-under-fire-over-refugee-stance/
He is a lawyer by training and the Secretary General of the Commission Nationale Consultative des Droits de l’Homme de la Republique Française. From 2008 – 2013, he was the Independent Expert of the United Nations on the situation of human rights in Haiti. He was Director General of Amnesty International in France and worked in the human rights department of UNESCO. Mr. Forst is also a founding trustee of Front Line Defenders.
Hans Thoolen on Human Rights Defenders and their awards 