Posts Tagged ‘ISHR’

Policy response from Human Rights NGOs to COVID-19: ISHR

April 3, 2020

In the midst of the COVID-19 crisis, many human rights organisations have been formulating a policy response. While I cannot be complete or undertake comparisons, I will try and give some examples in the course of the coming weeks. If there are special ones you would like to draw my attention to, please do not hesitate. Here is one from Phil Lynch, the Director of the International Service for Human Rights:

 

Staying true to our values is never more important than during times of hardship or crisis. At ISHR, there are five values driving our response to the COVID-19 global pandemic: solidarity, dynamism, alertness, wellbeing and hope.

Solidarity

…Solidarity is an essential value at this time. At ISHR this means showing solidarity with colleagues – with a number of staff volunteering to help and alleviate the workload of others who may have reduced capacity – as well as solidarity with human rights defenders, with our programme staff reaching out to national and regional-level partners to discuss their wellbeing, situation, priorities and needs. Please do reach out to us if there are any ways we can provide support to you at this vital time. In addition to showing solidarity, we’ve also greatly appreciated receiving solidarity. I’ve personally benefited from the wisdom, insights and advice of other NGO directors in terms of their response to this crisis, and discovered the musical talents of neighbours as we’ve gathered on our balconies every evening to clap and sing our gratitude to the doctors, health care professionals and sanitation workers on the frontlines of this crisis.

Dynamism

This crisis has highlighted the importance of dynamism, adaptability and planning for uncertainty, as well as the limitations of log frames, tightly earmarked funds, and donor restrictions on building organisational reserves.

At ISHR we are determined to use this crisis as an opportunity to innovate and to test and expand new ways of working. Last year, thanks to the support of several donors – including the United Kingdom, Canada, Switzerland and the Netherlands – we launched the ISHR Academy – an interactive, online platform to build the capacity and skills of human rights defenders to leverage the UN human rights system to contribute to national level change. With a significantly increased demand for online training and strategic advocacy support, we’re currently working on new modules for the Academy, as well as translation into Spanish. With further financial support we’d love to develop even more modules and in additional languages. This would increase access to resources, strategic advice and tailored advocacy support for human rights defenders from all regions. The suspension, postponement and cancellation of a significant number of meetings and sessions of international and regional human rights mechanisms has starkly exposed the need for such bodies to develop means by which human rights defenders can more effectively engage and participate remotely. This is relevant not only now in response to the COVID-19 crisis, but in the longer term in response to the climate crisis and the imperative of reducing travel-related emissions. Effective means of virtual participation are also critical for defenders who lack the resources to travel to Geneva or New York, as well as those for whom travel may be restricted or banned by repressive governments. ISHR programme staff are actively engaged on these issues – leading and participating in strategic discussions and the formulation of practical recommendations as to how to use this crisis as an opportunity to make human rights mechanisms more accessible, effective and protective for defenders worldwide.

Alertness

ISHR is not the only body looking at ways to use this crisis as an opportunity. Unfortunately, some governments will use this emergency as a subterfuge to more permanently increase surveillance, as well as restrict fundamental rights to freedom of expression, association, assembly, protest and movement. Alertness is therefore a critical value at this time. We must be vigilant to ensure that any laws or regulations enacted in response to COVID-19 are for the legitimate purpose of protecting public health, and that any restrictions they impose are reasonable, proportionate and strictly time bound….With persons in detention at particular risk, ISHR staff are also using the opportunity to push for the release of arbitrarily detained human rights defenders, including several with underlying health conditions in States including China, the United Arab Emirates and Bahrain.

Wellbeing

..All ISHR staff have worked remotely since at least 13 March, with exceptions only for staff that need to attend the Geneva office for short periods for essential functions. Staff are working from various locations and states of confinement in Switzerland, France, New York, London, Brussels, Abidjan and Jakarta. We have agreed a complete restriction on work-related travel, with both this restriction and the work from home arrangements remaining in place for the indefinite future.

….Financial security is imperative at this time and I am so impressed and thankful for the initiative of major donors such as the Sigrid Rausing Trust and the Open Society Foundations to proactively reaffirm their funding commitment, to indicate that they will be highly flexible in the use of funds and reporting requirements, and to invite us to reach out if we need further support. Best practice at this time of unprecedented uncertainty is to enable the conversion of project or earmarked funds to core or unrestricted funds. I am working with the Board to evaluate and prepare for a range of scenarios, ensuring the long term sustainability of ISHR. Your contributions as private donors will be vital in this regard – every donation helps!

Hope

The final value motivating ISHR at this time is that of hope, which we draw from many places.

We take hope from the doctors, health care professionals and sanitation workers who bravely and tirelessly provide vital care and support.

….

I wish you, your families, your loved ones and your colleagues are and remain healthy, safe and well.

—-

See also my earlier: https://humanrightsdefenders.blog/2020/03/27/covid-19-spread-leads-to-reactions-and-messages-of-solidarity/

http://www.ishr.ch/news/covid-19-focusing-wellbeing-solidarity-dynamism-alertness-and-hope

Human Rights Defenders issues on the agenda of 43rd Human Rights Council

February 24, 2020

On 17 February 2020 the International Service for Human Rights (ISHR) published – as usual – its excellent “HRC43 | Key issues on agenda of March 2020 session”. Here some excerpts that relate directly to human rights defenders in the 43rd session of the UN Human Rights Council, which runs from 24 February to 20 March 2020.  If you want to stay up-to-date: with all issues follow @ISHRglobal and #HRC43 on Twitter.

Here are some highlights of the session’s thematic discussions

Protection of human rights defenders including women human rights defenders. The Council will consider a resolution, presented by Norway, to renew the mandate of the Special Rapporteur on the situation of human rights defenders. The mandate gathers and responds to information on the situation of defenders around the world, engages constructively with governments and non-State actors and provides recommendations to promote the effective implementation of the Declaration on human rights defenders. In 2019, the Council and the General Assembly unanimously affirmed the vital work defenders play. The Council recognised the critical role of environmental human rights defenders in protecting vital ecosystems, addressing climate change, attaining the sustainable development goals (SDGs). The General Assembly passed by consensus a resolution focusing on implementation of the Declaration and some key elements of protection policy; the resolution also attracted a record number of co-sponsors. The Special Rapporteur on the situation of human rights defenders will present his report on human rights defenders operating in conflict and post-conflict situations on 4 March, and country visits to Colombia and Mongolia.

Reports of cases of intimidation and reprisal against those cooperating or seeking to cooperate with the UN not only continue, but grow. Intimidation and reprisals violate the rights of the individuals concerned, they constitute violations of international human rights law and undermine the UN human rights system. [for some of my ealrier posts on reprisals, see: https://humanrightsdefenders.blog/tag/reprisals/]. During the 42nd session, the Council adopted a resolution which listed key trends such as the patterns of reprisals, increasing self-censorship, the use of national security arguments and counter-terrorism strategies by States as justification for blocking access to the UN. The resolution also acknowledged the specific risks to individuals in vulnerable situations or belonging to marginalised groups, and called on the UN to implement gender-responsive policies to end reprisals. The Council called on States to combat impunity and to report back to it on how they are preventing reprisals, both online and offline. [see also: https://humanrightsdefenders.blog/2019/11/08/michel-forst-in-last-address-to-general-assembly-pleads-to-fight-reprisals/]. 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.

At this 43rd session, the Council will discuss a range of economic, social and cultural rights in depth through dedicated debates with mandate holders alongside the annual report of the Secretary-General on the realisation of economic, social and cultural rights globally. These include interactive dialogues with the following:

  • The Special Rapporteur on the right to adequate housing on her annual report and country visits reports to Nigeria and France.
  • The Special Rapporteur in the field of cultural rights on her annual report on cultural rights defenders and country visit report to the Maldives and Poland.
  • The Special Rapporteur on human rights and the environment on his annual report and country visits to Fiji and Norway.

The Council will discuss a range of civil and political rights through dedicated debates with the mandate holders, including interactive dialogues with:

  • The Special Rapporteur on torture on his annual report and visit to Comoros.
  • The Special Rapporteur on freedom of religion or belief on his annual report and visits to the Netherlands and Sri Lanka.
  • The Special Rapporteur on the promotion and protection of human rights while countering terrorism on her annual report and visit to Kazakhstan.
  • The Special Rapporteur on the right to privacy on his annual report.

Country-specific developments

China Confronted with mounting evidence of serious human rights violations in China, specifically the mass internment, ‘re-education’, surveillance and harassment of Turkic Muslims in the western province of  Xinjiang, the view of many parts of the UN is incontrovertible. Beginning with a major UN review in August 2018, the UN High Commissioner has pressed for access, while the Special Procedures have expressed serious concerns about protection of freedom of religious belief, the impacts of counter-terrorism and counter-extremism measures, and the imposition of the death penalty in at least one case, that of university president Tashpolat Tiyip. In light of these concerns and the continued deterioration of the situation for human rights lawyers and defenders; the attacks on cultural rights and other freedoms in Tibet; and criminalisation of peaceful assembly and excessive use of police force in Hong Kong, it is high time for the Council to act. Member States should take concrete steps to call for independent, expert monitoring and reporting on the situation in Xinjiang, including access to the region, and urge accountability for actions by public authorities. [see also: https://humanrightsdefenders.blog/2019/07/12/joint-letter-by-22-states-to-human-rights-council-re-chinas-uighurs/ and https://humanrightsdefenders.blog/2019/07/20/china-coalition-anti-human-rights-un/]

Saudi Arabia The Council’s action on Saudi Arabia has contributed to the provisional release of at least seven women’s rights activists from detention. However, they are still facing trial and many remain in detention. Recent revelations of phone hacking, surveillance and possible blackmail and extortion of the owner of the Washington Post demonstrate the measures that the State is prepared to take to silence any form of criticism or dissent. The joint statement delivered by Australia in September sets out benchmarks for the Saudi government to take to demonstrate its willingness to improve the human rights situation. These benchmarks have not been met. States should ensure that Council scrutiny is maintained and in particular establish a monitoring and reporting mechanism over the situation. [for other posts on Saudi Arabia, see: https://humanrightsdefenders.blog/tag/saudi-arabia/]

Egypt The lack of action by the international community has emboldened the Egyptian government to continue to violate fundamental rights of its citizens. Special Procedures have rung the alarm bell regarding the pattern of reprisals against individuals and groups who sought to or engaged with the UN. In the last quarter of 2019 alone, more than 3,000 people were arbitrarily arrested and prosecuted under counter-terrorism laws in a nationwide crackdown against all forms of peaceful expression. The Committee against Torture has found that torture in Egypt is widespread and systematic and the situation meets all of the objective criteria for situations requiring the Council’s attention. States should initiate Council action on the situation before it further deteriorates. [see also: https://humanrightsdefenders.blog/tag/egypt/ ]

India The High Commissioner expressed concern over India’s Citizenship (Amendment) Act 2019 (CAA) for being ‘fundamentally discriminatory’ as it fails to extend protections to Muslim asylum seekers. Nationwide demonstrations and protests have been met with police brutality and arbitrary detentions. Vigilante groups allegedly affiliated with right-wing Hindu nationalist groups close to the government have physically attacked student protestors. Human rights defenders involved in organising peaceful assemblies have been detained and faced online harassment. ISHR calls on States to raise these concerns in their national statements including during the high level segment. [See also: https://humanrightsdefenders.blog/2019/06/27/ngos-come-out-in-support-of-indias-lawyers-collective/]

Burundi. At the last Council session, the Council renewed the mandate of the Commission of Inquiry on Burundi, which will present its oral briefing on 10 March at 10:00. ISHR remains highly concerned about the human rights situation in Burundi and its refusal to cooperate with the Council’s mechanisms. 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/2019/03/29/ngo-statement-condemns-new-irregularities-in-the-case-of-germain-rukuki-burundi/

Sri Lanka. Civil society groups are concerned over the backsliding on the commitments made by Sri Lanka in Human Rights Council Resolution 30/1. The recently elected president, Gotabaya Rajapaksa, along with his brother Mahinda Rajapaksa, who has been appointed prime minister, have been implicated in war crimes and numerous human rights violations when they were defence secretary and president respectively from 2005 to 2015. The new Government has made clear its intention to walk away from the Council process on Sri Lanka, a process that is currently the only hope for victims of human rights violations that truth, justice, reparations, and guarantees of non-recurrence are possible. [see https://www.nwaonline.com/news/2020/feb/23/sri-lanka-details-un-case-pullout/] Meanwhile, the relatively open climate for human rights defenders and journalists of the past few years seems to be rapidly closing. More than a dozen human rights and media organisations have received intimidating visits by members of law enforcement and intelligence agencies, while death threats against journalists have resumed. ISHR calls on States to urge for continued cooperation of the Government of Sri Lanka with OHCHR and the Special Procedures. The Council should reiterate the reference in Resolution 40/1 to “the adoption of a time-bound implementation strategy” for implementation of all elements of Resolution 30/1. [see also: https://humanrightsdefenders.blog/2020/01/22/sri-lankan-government-accused-of-embarking-on-process-to-silence-critics/]

Other country situations:

    • Interactive dialogue with the High Commissioner on the Occupied Palestinian Territories
    • Interactive dialogue with the Special Rapporteur on Eritrea
    • Interactive dialogue with the Special Rapporteur on Myanmar
    • Interactive dialogue with the Special Rapporteur on the Democratic People’s Republic of Korea
    • Interactive dialogue with the High Commissioner on Libya
    • High-level interactive dialogue on the Central African Republic
    • Interactive dialogue with the Commission on human rights on South Sudan
    • Interactive dialogue with the Special Rapporteur on Iran
    • Interactive dialogue with the Commission of Inquiry on Syria
    • Enhanced interactive dialogue on the High Commissioner’s report on the Democratic Republic of Congo
    • Interactive dialogue with the Independent Expert on Mali 
    • Interactive dialogue on the High Commissioner’s oral report on Ukraine
    • High Commissioner briefings on the following countries: Guatemala, Honduras, Colombia, Nicaragua, Yemen, Venezuela, Myanmar, Cyprus, Sri Lanka, Iran, Eritrea, Afghanistan

During this session, the Council will adopt the UPR working group reports on Italy, El Salvador, the Gambia, Bolivia, Fiji, San Marino, Kazakhstan, Angola, Iran, Madagascar, Iraq, Slovenia, Egypt and Bosnia and Herzegovina. This session of the Council will provide an opportunity for Angola, Egypt and Fiji  to to accept recommendations made in relation to human rights defenders, as proposed in ISHR’s briefing papers.

Council programme, appointments and resolutions

The President of the Human Rights Council will propose candidates for the following mandates:

  1. Two members of the Expert Mechanism on the Rights of Indigenous Peoples (one from Asia and one from the Arctic);
  2. Independent Expert on the situation of human rights in Somalia;
  3. Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context;
  4. Special Rapporteur on contemporary forms of slavery, including its causes and its consequences;
  5. Special Rapporteur on the rights of indigenous peoples;
  6. Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material;
  7. Special Rapporteur on the situation of human rights defenders;
  8. Special Rapporteur on the situation of human rights in Myanmar.

Some resolutions werealready announced (States leading the resolution in brackets):

  1. Prevention of genocide (Armenia)
  2. Special Rapporteur on Torture, mandate renewal (Denmark)
  3. Freedom of religion or belief (EU)
  4. Situation of human rights in Myanmar (EU)
  5. Situation of human rights in the Democratic People’s Republic of Korea, mandate renewal (EU)
  6. Mandate renewal of the Special Rapporteur on the human rights of migrants (Mexico)
  7. Protecting the rights of human rights defenders, mandate renewal (Norway)
  8. Technical assistance and capacity-building to improve human rights in Libya (African Group)
  9. Combating intolerance, negative stereotyping and stigmatization of and discrimination, incitement to violence and violence against persons based on religion or belief (Pakistan on behalf of the OIC)
  10. The human rights situation in the Syrian Arab Republic (France, Germany, Italy, Jordan, Kuwait, Morocco, Netherlands, Qatar, Turkey, United Kingdom of Great Britain and Northern Ireland)
  11. Situation of human rights in South Sudan, mandate renewal (Albania, Norway, United Kingdom of Great Britain and Northern Ireland)
  12. Situation of human rights in the Islamic Republic of Iran, mandate renewal (North Macedonia, Republic of Moldova, Sweden, United Kingdom of Great Britain and Northern Ireland)
  13. Freedom of Expression, mandate renewal (Netherlands, Canada)

Officers of the Human Rights Council

Newly appointed members of the Bureau for the 14th cycle comprises of the following Ambassadors:

  • Ms. Elisabeth Tichy-Fisslberger (Austria), President of the Human Rights Council
  • Mr. Yackoley Kokou Johnson (Togo), Vice-President and Rapporteur
  • Mr. Nasir Ahmad Andisha (Afghanistan), Vice-President
  • Ms. Socorro Flores Liera (Mexico), Vice-President
  • Mr. Juraj Podhorský (Slovakia), 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:

  1. Annual high-level panel discussion on human rights mainstreaming titled “Thirty years of implementation of the Convention on the Rights of the Child: challenges and opportunities” will take place on 24 February at 16:00
  2. High-level panel discussion commemorating the twenty-fifth anniversary of the Beijing Declaration and Platform for Action with a particular focus on their implementation will take place on 25 February at 09:00
  3. Annual interactive debate on the rights of persons with disabilities, titled “Article 8 of the Convention on the Rights of Persons with Disabilities, on awareness-raising”, will take place on 6 March at 16:00
  4. Debate on the midterm review of the International Decade for People of African Descent will take place on 13 March at 16:00.

NOTE: The UN’s liquidity crisis is having a serious impact on this session and the next one (44th in June) and ISHR – jointly with 26 other NGOs – have expressed their concerns to the UNSG that in light of the special emergency measures and ongoing budget constraints, further measures may be imposed to restrict civil society participation at the Council. Despite the adoption of a number of measures by the Council over the years to address the budgetary constraints faced by the United Nations Office at Geneva (UNOG), the Director General of UNOG informed the Council’s President that the Council may not be able to carry out all its mandated activities in 2020. This is due to the special emergency measures instituted by the UNSG to respond to the UN’s liquidity crisis which prohibit all lunch-time meetings, thus making it impossible for UNOG to provide conference services to all the Council’s required meetings. The President of the Council requested the UNSG to issue an exemption of these measures to ensure that the Council can hold all its meetings. The UNSG issued an exemption for meetings during the High-level Segment and voting on resolutions, but not for other meetings in the March session. [see also: https://humanrightsdefenders.blog/2019/05/20/lack-of-funds-forces-lack-of-oversight-by-un/]

For more information contact: Salma El Hosseiny at s.hosseinyATishr.ch 

For a survey of the 42nd session, see: https://humanrightsdefenders.blog/2019/10/02/result-of-the-42nd-session-of-the-un-human-rights-council/

See also CIVICUS advisory on this Council session: https://www.civicus.org/index.php/media-resources/news/united-nations/geneva/4282-advocacy-priorities-at-43rd-session-of-un-human-rights-council

https://www.ishr.ch/news/hrc43-key-issues-agenda-march-2020-session

Welcoming the New Year with civil society in Geneva

January 1, 2020

ISHR and  HRCnet are hosting a welcome reception for Ambassador Elisabeth Tichy-Fisslberger, the incoming President of the Human Rights Council. On Thursday 16 January 2020, 6:15pm – 7:30pm, Rue de Varembé 1, Geneva, Ground Floor Conference Room. This will be an opportunity for civil society colleagues, human rights experts and diplomats to meet and greet the incoming President and Vice-Presidents and wish farewell to the outgoing Bureau in a relaxed atmosphere. As space is limited, you need to register for this event.

Please click here to register before 12:00 noon on Monday 13 January. And for those who won’t be in Geneva that night: ISHR would love to hear your thoughts about what the Human Rights Council’s priorities for 2020 should be. Feel free to share them on Twitter using #HRC2020 and we’ll share a selection with the incoming HRC President. ISHR thanks the Permanent Mission of Australia for its contribution to the civil society welcome reception.

A HAPPY NEW YOUR TO YOU ALL

UN seeking out civil society:  on-line consultations from 13 -24 January 2020. 

December 30, 2019

The Office of the High Commissioner for Human Rights (OHCHR) is inviting civil society globally to assist them in defining guidelines on how the UN can best contribute to promoting and safeguarding civil society space.  The aim is to define guidelines to encourage an effective and consistent approach across UN agencies and inform the methods of work of mechanisms.  This initiative was given a boost by the UN Secretary General who, in a recent audit of the work of the UN in regard to human rights defenders, called for the definition of ‘a system-wide approach to strengthen civil society space’ and ‘guidance on United Nations engagement with and support for human rights defenders.’ The consultation process will be held online from the 13-24 January 2020 on the Global Dev Hub platform.

This is a moment for all civil society players who see the value of greater and more effective engagement with UN agencies and bodies, to provide input on how best this should be done,’ said ISHR’s Eleanor Openshaw.There are no national-level consultations being held to our knowledge, but a full week of online consultations will, hopefully, provide many of us with the opportunity to participate,‘ she added.  The UN is seeking thoughts on a series of questions related to three key areas:  partnership and participation, the protection of civil society actors, and the promotion of and advoacy for civic space.

For further information and the key questions, see the UN consultation invitations in  English

Interview with Olga Karach of International Center for civil initiative in Belarus.

December 20, 2019

On 21  October 2019 ISHR published this filmed interview with Olga Karach, Chief of International Center for civil initiative OUR HOUSE from Belarus.

 

How to work with the UN and its Rapporteurs: new ISHR guidance for human rights defenders

December 18, 2019

On 18 November 2019 the ISHR launched its new guide to the UN Special Procedures, an essential tool for human rights defenders seeking to engage more strategically with these experts, for greater impact on the ground.

ISHR’s Practical Guide to the UN Special Procedures provides an overview of the system of independent human rights experts known as the Special Procedures, and the different ways human rights defenders can make use of it to further their human rights causes. Often their independence allows them to discuss issues deemed too politically ‘sensitive’ at the international level. It also enables them to act swiftly and react publicly against human rights violations. This handbook is intended to be a practical aid to working with the Special Procedures for non-governmental organisations (NGOs) and human rights defenders. O

Read the Practical Guide to the UN Special Procedures here

You can find more tips and examples of how to engage with Special Procedures in the ISHR Academy, ISHR’s e-learning space for human rights defenders looking to strengthen their advocacy skills with the UN for greater impact on the ground. Helping human rights defenders strengthen their advocacy skills with the UN

Navigating the UN

An overview of the international human rights system and the importance of civil society engagement

Watch the video

Test your knowledge

Learning Modules

Build your advocacy skills

Hand holding a globe in a light bulb

ISHR Academy Introduction

A quick start guide to getting the most out of the learning modules developed by ISHR

People sat around the council debating chamber

UN Human Rights Council

Understand the structure, purpose and mandate of the Human Rights Council and the opportunities for effective engagement

A team of experts

Special Procedures

Explore the purpose and mandates of the Special Procedures and how you can work with them to strengthen your advocacy. For more see: https://academy.ishr.ch/

Vacancies at the International Service for Human Rights in Geneva and New York

December 17, 2019

has some vacancies:

 

Digital Communications Officer – Geneva (Maternity Cover, 60%)

Do you have a passion for changing the world? Are you a fan of new technologies and the opportunities offered by the digital space? Then this might be the right opportunity for you! This temporary position (5-8 months) within ISHR’s communications team offers a unique opportunity to view the United Nations human rights system at work in Geneva. It provides hands-on experience working for an international non-governmental organisation as well as the opportunity to contribute to our work supporting human rights defenders to achieve a world that’s more equal, fair and sustainable. How to apply.

Programme Internships – New York

The internship offers a unique opportunity to view the United Nations human rights system at work in New York. It provides hands-on experience working for an international non-governmental organisation as well as the opportunity to contribute to our work supporting human rights defenders, strengthening human rights systems, building and leading human rights coalitions, and responding to significant and systemic situations of concern. How to apply.

Programme Internships – Geneva 

The ISHR Programme internships offer a unique opportunity to view the United Nations human rights system at work in Geneva. They provide hands-on experience working for an international non-governmental organisation (NGO) as well as the opportunity to contribute to our work supporting human rights defenders, strengthening human rights systems, building and leading human rights coalitions, and responding to significant and systemic human rights concern. How to apply.

http://ishr.ch/vacancies

Rescuing Human Rights – another way of re-assessing human rights

November 17, 2019

I wrote abut Hurst Hannum’s book ‘Rescuing Human Rights’ earlier [https://humanrightsdefenders.blog/2019/04/20/hurst-hannum-wants-a-radically-moderate-approach-to-human-rights/]. On 30 July 2019, Peter Splinter wrote for ISHR a book review “Rescuing Human Rights – Making the case for a reassessment of the scope of human rights advocacy”

 
Hurst Hannum, Rescuing Human Rights: A Radically Moderate Approach, Cambridge University Press, 2019. 223 pp.

Hannum argues the case for a hard-headed reassessment of what human rights are and what they can achieve, done with the aim of preventing unrealistic expansion or overreach that undermines their legitimacy and universal acceptance.

Hannum expresses a firm conviction in the durable value of human rights. He brings to Rescuing Human Rights a lifetime of rich and diverse experiences as an observer, teacher and practitioner of human rights in numerous capacities and settings. While conservative, Hannum’s thesis does not hark back to a golden age of human rights. He recognises that human rights law has evolved and will continue to evolve. He also accepts that “pushing the envelope of human rights norms may sometimes be a legitimate [advocacy] tactic.”

Hannum’s principal concern is with human rights ‘overreach’ – efforts to resolve contentious political issues by trying to make them into technical human rights matters that they are not. He is not a fan of a widespread inclination to advocate for human rights of the next good cause.

“Attempting to regulate ever more narrow slices of life under ever more diverse circumstances through promoting new human rights runs a serious risk of undermining both the legitimacy of human rights and their universality. The result may be to simply expand the number of rights that are routinely ignored rather than to bring real help to those whose rights, no matter how narrowly construed, are already being violated.” (p. 79)

He perceives that human rights activism based on an expansive concept of rights as the primary means to effect domestic social and political change is feeding a global backlash against human rights. He is concerned that this will undermine the legitimacy and effectiveness of human rights advocacy to protect universally recognised rights, which “facilitate the development and influence of other socio-economic-political-moral change agents in ways that are likely to respond to the needs of most people of the world.” (p. 10) While acknowledging that human rights are inherently political, as they constrain government behaviour, Hannum suggests that the more that human rights advocacy approximates politics, the less rights will be able to effectively set the boundaries for the open, inclusive, democratic politics required to effectively address major contemporary social, political and economic issues by ensuring that political decision-making takes account of the needs and preferences of all relevant parts of society.

“This book is an appeal for radical moderation, which values and promotes human rights norms without distorting or deifying them. …  Underlying many of the book’s arguments is the belief that human rights cannot provide dispositive answers to all of the world’s problems, although they may be a necessary precondition for resolving many of them.” (p. 157)

Rescuing Human Rights focusses on human rights as universal legal norms embodied in public international law, particularly universal and regional treaties. Hannum assumes a universal consensus over the core content and legitimacy of most human rights. He distinguishes human rights from moral and political standards, while acknowledging their complementarity as forces that shape societies.

While Rescuing Human Rights discusses human rights primarily as they are shaped and invoked at the international level, Hannum emphasises that they are applied in national contexts where the relationship of the State and rights-holders is played out. Human rights promotion and protection are essentially a national project that is shaped and constrained by national governments’ voluntary acceptance of universal legally binding human rights standards. An important chapter is devoted to arguing for flexibility in the application and prioritisation of human rights norms on the grounds that universality is not uniformity. This recognition points to the need for further examination of Hannum’s thesis in specific national contexts. Are the dangers of human rights expansion and overreach at the international level mirrored by developments at the national level in individual countries?

Rescuing Human Rights focusses largely on what human rights are not and should not be made out to be. Hannum’s thesis would also benefit from further exploration of how human rights can be used better to contribute to efforts to address major contemporary social, economic and political issues at the international and national levels. If one accepts that human rights cannot determine the outcomes for issues such as development, climate change and corruption, then what are the contributions that specific rights make in specific contexts to political, economic, cultural, moral and technological efforts to meet those and other challenges? Any recalibrating of human rights promotion and advocacy in accordance with the approach Hannum proposes would benefit from robust exploration of the important contributions that human rights do and can make, such as ensuring that climate change policies are developed in consultation with representatives of all persons whose rights might be affected and have regard to their human rights impacts, including for the most marginalised communities and groups.

Today, while human rights are increasingly invoked in connection with efforts to address a growing range of global and national challenges, they are also increasingly flouted or questioned in many parts of the world. This includes in some countries where until recently human rights appeared largely beyond challenge. Many governments are demonstrating a renewed brazenness in violating their international human rights obligations. In many countries, there is widespread apathy, popular disillusionment and even hostility for human rights. This current state of human rights has led to calls from civil society organisations, academics, governments and inter-governmental organisations for urgent stocktaking about what is to be done to defend and reinforce the post-1945 human rights achievement. Some call into question the human rights project, and others call for its reinvention. Some appeal to humanity’s better angels, and others buckle down on business as usual. Some pursue novel organisational approaches to human rights advocacy, and others look to human rights to provide solutions for ever more matters of concern.

The way forward is not clear. However, Hannum’s lucid argument for greater focus and humility in recourse to human rights and his call for the recalibration of the scope of human rights advocacy should form part of any discussion about the future of human rights. Rescuing Human Rights merits reading and reflection by all who study, defend or promote human rights.

Peter Splinter is an international human rights consultant and was Amnesty International’s Representative in Geneva from 2004 to 2016. Follow him on Twitter at @pgsplinter.

http://www.ishr.ch/news/book-review-i-rescuing-human-rights-making-case-reassessment-scope-human-rights-advocacy

71 countries make first joint statement on reprisals at the Third Committee

November 14, 2019

which followed the GA, reported this unprecedented move: a cross-regional group of countries called on all States and the UN to prevent, respond to, and ensure accountability for cases of intimidation and reprisals against those who engage or seek to engage with the UN. In this joint statement presented to the Third Committee of the General Assembly in Octber 2019, 71 countries (listed below) highlighted that the UN must ensure that civil society organisations and human rights defenders who wish to engage with the UN are able to do so without fear of reprisal or intimidation. That same week the Assistant Secretary-General in his mandate as the senior official on reprisals held an event to discuss the annual reprisals report of the Secretary General.

This welcome move led by the Permanent Mission of the United Kingdom to the UN is in line with the call made, just last month, in resolution 42/28 at the Human Rights Council for the General Assembly to remain seized of all work in this area. ‘The statement highlighted that beyond the immediate impact on victims, these acts of intimidation and reprisals undermine the credibility and effectiveness of the UN as a whole, including the human rights system,’ said ISHR’s Tess McEvoy.

The integral role played by civil society and human rights defenders in encouraging openness, transparency and dialogue between people and those in power was also acknowledged. While highlighting positive steps that have been taken by the UN, including the Secretary-General’s annual report on reprisals and the work done by the Assistant Secretary-General in his mandate as the senior official on reprisals, the 71 countries strongly condemned any act of intimidation and reprisal, whether online or offline, against individuals and groups who cooperate or seek to cooperate with the UN, and expressed alarm about the growing number of cases.

‘While positive responses by some States to cases of reprisals were acknowledged, critically, the statement acknowledged the primary obligation of States to prevent and address reprisals. Moreover, all States were called on to prevent and ensure adequate protection against such acts by raising awareness, investigating and ensuring accountability and effective remedy by both State or non-State actors,’ added McEvoy. The statement also made clear the duty of the UN to address reprisals and called on the UN to strengthen the collective response to reprisals.

While we welcome this statement and the leadership of the United Kingdom as a step towards enhanced dialogue on the issue of reprisals at the General Assembly, more needs to be done to protect the right of everyone to communicate with the UN. We echo previous calls for States to step up efforts to address reprisals, including by referring to  specific cases during future dialogues at the UN. [see also my ‘old’: https://humanrightsdefenders.blog/2014/03/13/zero-tolerance-for-states-that-take-reprisals-against-hrds-lets-up-the-ante/]

The full statement as delivered is available here. The statement was made by the United Kingdom on behalf of Afghanistan, Albania, Andorra, Australia, Austria, the Bahamas, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Chile, Colombia, Costa Rica, Croatia, Cyprus, the Czech Republic, the Dominican Republic, Denmark, Ecuador, El Salvador, Estonia, Fiji, Finland, France, Georgia, Germany, Greece, Guatemala, Iceland, Ireland, Italy, Japan, Jordan, Latvia, Lebanon, Liechtenstein, Lithuania, Luxembourg, Malta, the Marshall Islands, Mexico, Monaco, Mongolia, Montenegro, the Netherlands, New Zealand, North Macedonia, Norway, Panama, Poland, Portugal, the Republic of Korea, the Republic of Moldova, Romania, Samoa, San Marino, Seychelles, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Tunisia, Turkey, Tuvalu, Ukraine, the United States, Uruguay and Vanuatu.

https://www.ishr.ch/news/unga74-71-countries-make-first-joint-statement-reprisals-third-committee

Meet Marisa Hutchinson of the Association EQUALS in Barbados

November 10, 2019

On 22 October 2019 ISHR published this interview with Marisa Hutchinson, Board member of the Association EQUALS in Barbados