Posts Tagged ‘ISHR’

Guide to HRD issues at the 38th session of the UN Human Rights Council

June 15, 2018

The UN Human Rights Council will hold its 38th regular session at Palais des Nations in Geneva from 18 June to 6 July 2018. The International Service for Human Rights (ISHR) has – as usual – published an excellent alert full of substantive issues (see link at the bottom of this post). Here I just highlight some of the session’s features that are of special interest to human rights defenders;

Sexual orientation and gender identity. The first interactive dialogue with the new Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity will be held between 9:00 and 12:00 on Monday 18 June. The Council will consider the new report of the mandate holder as well as the report of the country visit to Argentina.
In a joint written submission to the Independent Expert submitted in the lead-up to the presentation of his report to the Council, a group of 12 NGOs detail State obligations that if  implemented, would work towards ensuring that LGBTI defenders’ rights are protected (based in existing international human rights law and articulated in the Yogyakarta Principles (YP) and Yogyakarta Principles plus 10, (YP +10). ISHR and ILGA will organise a side-event that will build on this submission and discuss in more detail State obligations set out in the YP +10. The event will take place on 21 June 2018 from 15:00 to 16:30 in Room XXIII.

Reprisals. Reports of cases of intimidation and reprisal against those seeking to cooperate with the UN not only continue, but grow.  Item 5 of the Human Rights Council’s agenda provides a key opportunity for States to raise concerns about reprisals, and for governments involved in existing cases to provide an update to the Council on any investigation or action taken toward accountability to be carried out. [see recent: https://humanrightsdefenders.blog/2018/06/08/ishr-new-report-on-reprisals-and-restrictions-against-ngo-participation-in-the-un/]

Women human rights defenders and women’s rights. The Annual Full Day Discussion on the human rights of women will take place on Thursday 21 June from 16:00 to 18:00. It will focus on the specific impact of online violence on the work of women human rights defenders. It is crucial that the Council’s discussions and resolutions recognise the critical role of women human rights defenders (WHRDs) and organisations led by women and girls as rights holders and agents of change. The Council will hold an interactive dialogue with the Special Rapporteur on violence against women, its causes and consequences on 20 June between 09:00 and 12:00 and will consider her report including the report of her visit to Australia. The Council will also hold an interactive dialogue with the Working Group on the issue of discrimination against women in law and in practice and will consider their reports including a report on the country visit to Samoa and Chad.

Business and human rights. The Council consider the report of the Working Group on the issue of human rights and business. It examines the duty of States to protect against human rights abuses by business enterprises to whom they provide support for trade and investment promotion. It will also consider the Working Group’s report on its mission to CanadaPeru, and on the sixth session of the Forum on Business and Human Rights. Both country reports contain specific sections analysing the situation of human rights defenders, with the report on Peru raising serious concerns about the high level of threats, attacks and violence against local leaders and human rights defenders. The interactive dialogue will be an opportunity for States to follow-up to recommendations made in the UPR in that regard. The core group on the resolution on business and human rights (Argentina, Norway, Ghana and Russia) have announced that they will present a resolution at this Council session to request the OHCHR to continue with the accountability and remedy report with a focus on non-State based remedy mechanisms. The first informal consultation on the draft resolution will be held on 18 June at 16:30 in Room XXIV.

Other thematic reports

The Council will also hold an interactive dialogue and consider the report of the new Special Rapporteur on the rights to freedom of peaceful assembly and of association. Switzerland with Costa Rica also announced that they will be running the resolution on the protection and promotion of human rights in the context of peaceful protests. The first informal consultations will be held on 19 June from 11:30 to 12:30 in Room V.

The Council will also hold an interactive dialogue and consider the report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, which examines regulation of user-generated content online. The Council will consider the report of the High Commissioner on procedures and practices in respect of civil society engagement with international and regional organisations. The core group on the civil society space resolution (Chile, Ireland, Japan, Sierra Leone and Tunisia) announced that they will present a resolution this session.

The Council will also consider the reports of and hold interactive dialogues with the Special Rapporteur on the independence of judges and lawyers, including the report of his mission to Poland, and with the Special Rapporteur on extrajudicial, summary or arbitrary executions, including reports of her missions to Iraq and El Salvador.

Country specific developments

Burundi During its 36th session, the Council passed two resolutions on Burundi. One resolution was led by the European Union and extended the mandate of the Commission of Inquiry. The second resolution was led by the African Group and requested OHCHR to urgently dispatch a team of three experts to engage with the Burundian authorities and all other stakeholders to “collect and preserve information, to determine the facts and circumstances in accordance with international standards and to forward to the judicial authorities of Burundi such information”. The aim was to establish the truth and ensure that the perpetrators are held accountable. Read here ISHR’s analysis of the two resolutions. At the 38th session, the Council will hear the oral briefing by the High Commissioner on the mission of OHCHR on 4 July between 15:00 and 18:00. The Council will also hear an oral briefing by the Commission of Inquiry on 27 June between 09:00 and 12:00. For more information on the situation of human rights defenders in Burundi, check ISHR Briefing Paper for the UPR here. [see also: https://humanrightsdefenders.blog/2016/10/26/enough-is-enough-ngos-call-for-burundi-suspension-from-un-human-rights-council/]

China. By any measure, the Chinese government is not living up to the commitments to protect and promote human rights inherent in its Human Rights Council membership. Since the twelve-country joint statement on the human rights situation in China in March 2016, there has been no concerted effort to use the Council space creatively to call for accountability and transparency related to violations in China. This, despite the fact that in July 2017, Chinese security authorities presided over the death in custody of Liu Xiaobo, the first Nobel Peace Prize winner to die in detention since Carl von Ossietzky died in Nazi Germany in 1938… In this context NGOs , incl. the iSHR, continue to call for the release of individuals arbitrarily detained and/or held incommunicado, including Wang Quanzhang, Gui Minhai, Tashi Wangchuk, Lee Ming-che, and Yu Wensheng. [see also: https://humanrightsdefenders.blog/2018/03/07/china-and-the-un-human-rights-council-really-win-win/]

Eritrea. The Council will hold an interactive dialogue with and consider the report of the Special Rapporteur on the situation of human rights in Eritrea on 25 June. A cross-re­gional group of non-governmental organisations urged the Council to support and co-sponsor at the 38th session a streamlined resolution that accurately reflects the gravity of the situation on the ground, renews the mandate of the Special Rapporteur under the Council’s agenda item 4, and sets out a framework for needed reforms to improve the human rights situation in the country and advance accountability.

Other country situations include: 

  • An interactive dialogue on the oral update by the High Commissioner on the situation of human rights of the minority Rohingya Muslim population and other minorities in Rakhine State of Myanmar, and the oral report of the Special Rapporteur on the situation of human rights in Myanmar
  • An enhanced interactive dialogue on the report of the High Commissioner on the findings of the team of international experts on the situation in the Kasai regions of the Democratic Republic of the Congo (DRC) and on the oral update by OHCHR on the situation of human rights in the DRC
  • An oral update by the High Commissioner on the situation of human rights in Ukraine
  • An oral update by the Independent Expert on the situation of human rights in the Central African Republic
  • An interactive dialogue with the Commission of Inquiry on Syria (oral update) and consideration of the summary report of OHCHR on the high-level panel discussion on violations of the human rights of children in Syria
  • An interactive dialogue with the Special Rapporteur on the situation of human rights in Belarus on his report
  • During this session, the Council will adopt the UPR working group reports as part of the 29th session of the UPR. These reports list recommendations the following States under review are expected to implement: France, Tonga, Romania, Mali, Botswana, the Bahamas, Burundi, Luxembourg, Barbados, Montenegro, the United Arab Emirates, Israel, Liechtenstein, and Serbia.

This session of the Council will provide an opportunity for BurundiMali and the United Arab Emirates to to accept recommendations made in relation to human rights defenders, as proposed in ISHR’s briefing papers on those countries.

The Council appointed new Bureau members due to the departure of the Ambassadors of Chile and Germany. The members of the Bureau for 2018 now comprises of the following Ambassadors:

  • Vojislav ŠUC (Slovenia), President of the Human Rights Council
  • Evan P. GARCIA (Philippines), Vice President
  • Cristobal Gonzalez-Aller Jurado (Spain), Vice President
  • Juan Eduardo EGUIGUREN (Chile), Vice President and Rapporteur
  • François Xavier NGARAMBÉ (Rwanda), Vice President

Panel discussions

During each Council session, panel discussions are held to provide member States and NGOs with opportunities to hear from subject-matter experts and raise questions. All panel discussions will be broadcast live and archived on http://webtv.un.org. Four panel discussions are scheduled for this upcoming session:

  • The Annual Full Day Discussion on the human rights of women will be held in two sessions. First, on 21 June from 16:00 to 18:00, the panel will focus on the impact of violence against women human rights defenders and women’s organisations in digital spaces. The concept note of the panel is available here.
  • The second panel will be held on 22 June from 10:00 to 12:00 and will focus on advancing women’s rights through access and participation in information and communication technologies (ICTs). The concept note of the panel is available here.
  • A panel discussion will be held on 26 June from 16:00 to 18:00 on the human rights of internally displaced persons in commemoration of the twentieth anniversary of the Guiding Principles on Internal Displacement. The concept note of the panel is available here.
  • The Annual Thematic Panel Discussion on technical cooperation in the promotion and protection of human rights will be held on 4 July from 10:00 to 12:00. The topic will be “Human rights and the Sustainable Development Goals: enhancing human rights technical cooperation and capacity-building to contribute to the effective and inclusive implementation of the 2030 Agenda for Sustainable Development”. The concept note of the panel is available here.

The ISHR and other NGOs will again organize quite a few side events on which I will report separately.

https://www.ishr.ch/news/hrc38-key-issues-agenda-june-2018-session

ISHR: new report on reprisals and restrictions against NGO participation in the UN

June 8, 2018

There are many different approaches States employ to keep critical voices out of multilateral spaces. ISHR’s new report of 30 May 2018 [The Backlash Against Civil Society Access and Participation at the United Nations] outlines what these are and provides a road map for States and UN representatives to prevent and counter reprisals and restrictions on civil society participation in UN processes.

Civil society has the right to ‘unhindered access to and communication with international bodies’. However, that right is not being respected.  ISHR’s new report, ‘The Backlash Against Civil Society Access and Participation at the United Nations‘ documents a broad range of obstacles faced by human rights defenders, from opaque bureaucracies and procedures to physical threats and attacks.

States decide who gets through the door,’ said ISHR’s Eleanor Openshaw.  ‘States that fear calls for accountability and justice do what they can to prevent civil society access to and participation in UN spaces’. Opaque practices and procedures provide covers for States seeking to block NGO entry.  An NGO seeking to participate in a UN high-level event can be a victim of the ‘no-objection’ procedure.  This is the means by which any State can veto their participation without being named or providing any justification. ‘The no-objection procedure is poorly defined, and provides no formal criteria for objections to NGO participation,’ said ISHR’s John Indergaard. ‘It’s carte blanche to exclude legitimate NGOs for illegitimate reasons.

Even when civil society representatives make it into an actual UN building, they have been thrown out without explanation or asked to leave while events were ongoing. At some high-level events and committee meetings, NGO representatives have been barred from giving statements or bringing in documents related to their work. Physical attacks and intimidation against those seeking to coöperate with the UN are well documented.

These restrictions and reprisals are all aimed at dissuading civil society participation,’ said Openshaw. ‘They need to be challenged in each and every case.’

I have published many posts on the issue of reprisals [https://humanrightsdefenders.blog/tag/reprisals/] starting with https://humanrightsdefenders.blog/2014/03/13/zero-tolerance-for-states-that-take-reprisals-against-hrds-lets-up-the-ante/

Click on the video below to get an insight into the report:

ISHR Annual Report 2017: how the Service serves

May 2, 2018

On 1 May 2018 the International Service for Human Rights (ISHR) published its 2017 annual report (“Time for ambition, cause for hope”), outlining its impacts during 2017 and vision for 2018 and the years ahead.

 

Here are just a few examples of major achievements:

  • Through its Human Rights Defender Advocacy Programme, ISHR helped defenders from across the world develop networks of support and influence, build energy and resilience, and become even more effective advocates for national-level change.
  • In consultation with LGBTI persons and organisations from all regions, and with input from eminent legal experts from across the world, ISHR developed and launched the Yogyakarta Principles Plus 10.
  • Following a three year campaign undertaken in partnership with the Burkina Faso Coalition of Human Rights Defenders and the West African Human Rights Defenders Network, in June ISHR secured the adoption of a national law on the protection of defenders in Burkina Faso.
  • ISHR provided human rights defenders with international and regional advocacy platforms by supporting them in giving evidence and testimony at the Human Rights Council in Geneva and the African Commission on Human and Peoples’ Rights in Banjul.
  • ISHR provided defenders with comprehensive and practical guidance to leverage the UN, with a new manual on engaging with the Third Committee of the General Assembly in English, Spanish and French, and a fully revised manual on navigating the UN Committee on NGOs in Arabic, Spanish, French and English.
  • ISHR also provided defenders with access to the most up-to-date information and advice via social media in Chinese, French, English and Spanish.

[for some of my earlier posts on the ISHR: https://humanrightsdefenders.blog/tag/ishr/]

For the future the ISHR says:

We’ll leverage the 20th anniversary of the Declaration on Human Rights Defenders to strengthen the recognition and protection of human rights defenders under international and regional law, and through the development and effective implementation of corporate policies on defenders.(eg, https://humanrightsdefenders.blog/2018/04/17/20th-anniversary-un-work-on-human-rights-defenders-assessed-by-ishr/) We’ll ensure that national mechanisms for the protection of defenders are adapted and respond to the particular risks faced by women human rights defenders.  Our Human Rights Defender Advocacy Programme will substantially strengthen the skills, networks, resilience and impact of defenders working on women’s rights, LGBTI rights and in restrictive environments.  Additionally we’ll provide human rights defenders from across the world with an innovative online e-learning platform, giving them access to training and tactical support and linking them with a community of practice and solidarity. And through our Human Rights Defender Fellowship Programme, we will provide at least three defenders at risk with up to six months of intensive training and strategic advocacy support.    

UN Human Rights Council should strengthen impact on the ground, say NGOs

April 24, 2018

20th anniversary: UN work on human rights defenders assessed by ISHR

April 17, 2018

Since the adoption of the Declaration on Human Rights Defenders (1998), UN bodies have developed approaches to promoting the work of defenders and ensuring their protection.  However, this response has been insufficiently robust or coordinated, says the International Service for Human Rights (ISHR), one of the world’s foremost observers of the UN human rights system, in a piece published on 16 April 2018. Twenty years on, the situation for defenders in many countries around the world remains grave. [For earlier posts re the 20th anniversary of the HRD Declaration see: https://humanrightsdefenders.blog/tag/20th-anniversary-un-declaration-on-hrds/]

UN country missions and human rights mechanisms have developed some good practice in regard to the protection of human rights defenders (HRDs) but there is still much to be done to ensure a coherent, coordinated and courageous response. ISHR submitted findings on some aspects of the UN’s work on HRDs, to the Office of the UN High Commissioner on Human Rights (OHCHR) following its call for input. At country level, ISHR – along with partners Colombian Commission of Jurists and Ligue Tunisienne for Human Rights – found positive practice by OHCHR in encouraging the State to implement the Declaration.

In Colombia OHCHR has contributed to a collective understanding of who defenders are and what institutional changes may be needed to counter attacks against them,’ said ISHR’s Eleanor Openshaw. ‘While in Tunisia OHCHR has developed a database to systematise the process of follow up on UN recommendations.’  In other contexts, guidelines to steer bodies and representatives in country are often vague, with no mention of the Declaration as a key UN standard.

UN Resident Coordinators need to have an understanding of the Declaration on HRDs so they can ensure the protection of defenders is effectively integrated into their work,’ said Openshaw. ‘There is a gap between developments in key human rights mechanisms and country responses.’

Whilst there have been some positive developments connecting different parts of the UN system – for example the new UN Environment focus on environmental defenders, developed with the Special Rapporteur on HRDs – there is a lack of an informed or coordinated response in others. This points to the need for comprehensive UN-wide policies on the protection of defenders.

Ensuring coherence and effectiveness throughout the UN system in regard to the protection of defenders requires a strong steer from the very top –  the UN Secretary General,’ said ISHR’s Tess McEvoy. ‘We hope Mr Guterres will commit this year – the 20th anniversary of the Declaration–  to providing such leadership.’  The Special Rapporteur on Human Rights Defenders, Michel Forst has spoken of attacks against defenders ‘multiplying everywhere’.

Openshaw also stated: ‘The dangers for defenders are known. The UN system has good practice to build on – and it must – to fulfil its role in encouraging and demanding States realise their obligations to defenders.

Contacts:  Eleanor Openshaw e.openshawATishr.ch;  Theresa McEvoy t.mcevoyATishr.ch

http://www.ishr.ch/news/promising-patchy-un-work-human-rights-defenders

Egypt: the ‘foreign-funding’ accusation against human rights defenders goes in overdrive

April 3, 2018

An Egyptian lawyer, Samir Sabry, has requested the Attorney General to bring human right defender Asmaa Mahfouz to court. The reason? Winning the Sakharov Prize in 2011! If Egypt Today had reported it a day earlier (on 1 April), I would have credited it as a good April 1st spoof, but unfortunately it is not. In his complaint, Sabry called for the Attorney General to transfer Mahfouz to a Criminal Court trial and ban her from travelling outside the country. He stated that the prize, worth €50,000  was given to her suddenly, and he did not know why. He asked whether it is funding, a reward, or for certain service, and what the reason is for this award. The complaint from Sabry also claimed that this is a Jewish award [SIC} and questions the award’s links to Zionism. According to Sabry, the answer is that Mahfouz received the prize money, and accepted the award, in return for betraying Egypt.

Asmaa Mahfouz was one of the founding members of the April 6 Youth Movement, which sparked nation-wide demonstrations in April 2008 and was indeed awarded the Sakharov prize in 2011 (sharing it with four other Arab figures).

The prize in question is the Sakharov Prize for Freedom of Thought [http://trueheroesfilms.org/thedigest/awards/sakharov-prize-for-freedom-of-thought], which is of course is not granted by Israeli but by the European Parliament!

However, the issue of foreign funding is a major one in the Egyptian context as demonstrated by the case of two Egyptian woman human rights defenders in the ‘NGO foreign-funding case” (as ISHR reminds us on 29 March 2018):  harassed and targeted Egyptian woman defenders Azza Soliman and Mozn Hassan [https://humanrightsdefenders.blog/2017/02/02/right-livelihood-has-to-go-to-egypt-to-hand-mozn-hassan-her-2016-award/] face life imprisonment if their cases are brought to trial simply for conducting legitimate human rights work.

Read the rest of this entry »

Save the date 20 March 2018: side event on UN Declaration on HRDs

March 15, 2018

In the month of the International Women’s Day and in the year of the 20th Anniversary of the Declaration on Human Rights Defenders, this event will highlight the experience of women human rights defenders and the implementation of the Declaration.

It will also share findings and recommendations related to a recent joint researchon implementation carried out by the Colombian Commission of Jurists, the Tunisian League for Human Rights and ISHR.

Confirmed panellists include:

  •  Ana Maria Rodriguez – Colombian Commission of Jurists
  •  Djingarey Maiga – Femmes et Droits Humains Mali

Other panellists and co-sponsors will be announced soon.
20 March, 16h00 – 17h30 Room XXII, Palais des Nations, Geneva.

Attendance with UN identification pass only!

Follow the African Commission on Human Rights through Kumulika

March 13, 2018

Clément Voulé, ISHR’s African advocacy director and Adelaide Etong, ISHR’s Africa advocacy consultant

Clément Voulé and Adelaide Etong (pictured above) introduce the new format of the Kumulika publication. To allow for a better understanding and overview of the developments at the African Commission on Human and Peoples’ Rights (the African Commission) during an entire year, the publication will now be issued once a year.

Through this yearly publication, ISHR will take a new approach to providing analysis and up to date news on what is happening, the developments and the outcomes of the sessions and the NGO Forum.

Last year the African Commission celebrated its thirty years of existence. The last session of the year was an opportunity to think back and reflect on how its work grew over the years and the challenges it faced while implementing its mandate to promote and protect human rights in Africa. It also allowed the Commission to acknowledge the importance of the work done by civil society organisations in support to the implementation of its mandate. These past thirty years NGOs have provided invaluable information on country situations and advocated tirelessly for the establishment of several special procedures of the Commission.

See also: https://humanrightsdefenders.blog/2015/04/22/ngo-forum-preceding-the-april-session-of-african-commission-on-human-and-peoples-rights/

Click here for the 61st session’s summary 

China and the UN Human Rights Council: really Win-Win?

March 7, 2018

The UN High Commissioner for Human Rights stated on Wednesday 7 March that China’s actions on human rights did not match its words and the level of respect for basic liberties remained low in the country. Zeid Ra’ad Al Hussein did so in his annual report on human rights in the world to the UN Human Rights Council, “President Xi Jinping has called for ‘people-centred development for win-win outcomes as part of a community of shared future for mankind’, a commendable ambition. Sadly, China’s global ambitions on are seemingly not mirrored by its record at home,” he said.

My office continues to receive urgent appeals regarding arbitrary detentions, enforced disappearances, ill-treatment and discrimination, emanating from defenders, lawyers, legislators, booksellers, and members of communities such as Tibetans and Uyghurs,” he added. Hussein said many of the cases involved people fighting against economic, social and cultural injustices such as corruption, illegal seizure of land and forced evictions or destruction of cultural sites.

Before the start of  the current session of the UN Human Rights Council twenty NGOs had called on all member states to hold China accountable at the UN Human Rights Council, appears from a piece by the ISHR on 26 February 2018

In a private letter sent to select UN Member States, the NGOs called for clear and concrete actions to denounce China’s current rollback in respect for human rights at the UN Human Rights Council.

The organisations highlight five cases of human rights defenders that would benefit from further pressure being brought to bear on the Chinese government. They include:

  • Liu Xia, a poet kept under house arrest after the death of her husband, Nobel laureate Liu Xiaobo, in July 2017
  • Wang Quanzhang, a rights lawyer held incommunicado since 9 July 2015
  • Gui Minhai, a Swedish citizen arbitrarily detained in China since he vanished from Thailand in October 2015
  • Tashi Wangchuk, a Tibetan cultural rights and education advocate who has been detained more than two years on charges of inciting separatism (a press release by a group of UN experts on 21 February)
  • Yu Wensheng, a prominent human rights lawyer disbarred, then arbitrarily detained, in January 2018.

The organisations urge the governments to:

….This year is particularly important, as human rights defenders inside and outside China prepare for the country’s next Universal Periodic Review, scheduled for November 2018. The letter to governments concludes: ‘For human rights defenders to have the courage to engage in this important process, with all the risks that it entails, it’s critical that they know that they are not alone’.

(Amnesty International, China Labour Bulletin, Christian Solidarity Worldwide, CIVICUS – World Alliance for Citizen Participation, Human Rights in China, Human Rights Watch, the International Campaign for Tibet, the International Commission of Jurists,  the International Federation of Human Rights Leagues, the International Service for Human Rights, Lawyers for Lawyers, Lawyers’ Rights Watch Canada, PEN America, Swedish PEN, the Tibet Advocacy Coalition (comprised of the International Tibet Network Secretariat, Students for a Free Tibet, Tibet Initiative Deutschland, Tibet Justice Center, and Tibetan Youth Association in Europe), and the World Uyghur Congress.)

https://www.hrw.org/news/2018/03/05/chinas-win-win-resolution-anything

http://www.business-standard.com/article/news-ians/china-shows-little-respect-for-human-rights-un-high-commissioner-118030701132_1.html

https://www.ishr.ch/news/china-ngos-call-states-hold-china-accountable-un-human-rights-council

Profile of Sonia Acabal, woman human rights defender from Guatemala

March 7, 2018

 published on 24 November 2017 this video  interview Sonia Acabal from Guatemala about the situation in her country, the women’s network Rednovi and what it means to be a women’s rights defender.