On 19 October, with the support of ISHR, the Tanzanian Human Rights Defenders Coalition organised a one day event with defenders from all around the country to reflect on the 25th anniversary of the UN Declaration on human rights defenders and validate the civil society led draft on the promotion and protection of the rights of defenders in Tanzania.
The Tanzanian Human Rights Defenders Coalition (THRDC) gathered defenders from all regions of the country to celebrate the 25th anniversary of the UN Declaration, discuss its implementation in the country and the needs to strengthen their legal framework for the promotion and protection of the rights of defenders through the adoption of a policy on human rights defenders. This is an interesting case as “human rights defenders policies” are usually to be found in the West; see: https://humanrightsdefenders.blog/2016/12/13/canada-joins-select-group-of-governments-with-guidelines-on-human-rights-defenders/.
The event was attended by Minister of Constitutional and Legal Affairs Hon. Dr. Pindi Chana who highlighted notable human rights achievements under the ongoing leadership of Honourable President Samia Suluhu Hassan such as the opening of legal aid services in all regions of the country and the establishment of a special commission which will work with various stakeholders to achieve the necessary reforms to better protect and promote human rights in the country.
Discussing and reflecting on the advancement in Africa since the adoption of the UN Declaration on human rights defenders (‘the Declaration’), speakers highlighted the numerous legislative progress in some countries and the increase in legislative restrictions in others.
The legal recognition and protection of human rights defenders is crucial to ensure that they can work in a safe, supportive environment and be free from attacks, reprisals and unreasonable restrictions. The legal recognition and protection of defenders also contributes to the broader goals of upholding human rights, and promoting democracy, good governance, sustainable development and respect for the rule of law. In Africa, in the past ten years, 5 countries adopted specific laws protecting the rights of defenders, recognising the need and obligations that follow the adoption of the UN Declaration.
Speakers also highlighted the importance to recognise that while the adoption of the Declaration was an incredible progress, defenders still face a high number of violations for enjoying their right to defend rights.
‘It is not easy to be a defender, especially in Africa,’ said Washington Katema, Executive Director of the Southern Africa Human Rights Defenders Network. ‘Defenders must be safe and not silenced. Defending human rights is not a crime and, to our colleagues from the Government, defenders are not the enemy of the State, rather, they stand for those who can not stand for themselves. Defenders are everywhere, so as we reflect on the 25th anniversary of the UN Declaration on defenders, let’s also reflect on the Africa we want. An Africa where defenders are free from reprisals, arrests, intimidations and assassinations’ .
The draft policy was then presented to the participants. Among other things, it includes important principles and rights such as the right to freedom of expression, freedom of peaceful assembly, ensuring that decisions on registration, suspension and de-registration of organisations are taken by a mechanism the majority of whose members are from civil society or that organisations shall be self-governing and free to determine their internal management structures. The policy also provides for State obligations such as the need to ensure an enabling environment for defenders or that laws and administrative measures adopted by the government should protect, not impede the peaceful activities of defenders. Furthermore, defenders discussed the importance of sensitising the authorities to the specificities of the violations faced by vulnerable groups such as Indigenous and LGBTIQ+ defenders.
As Tanzania embarks on this journey, it is important that the ownership of this process goes beyond this assembly. It is important that marginalised and discriminated-against groups, such as women defenders, are included in this process.
Finally, the draft policy was adopted by civil society and a commitment was made by the office of the Minister of Constitutional and Legal Affairs to kickstart the process with a particular attention given to the needs expressed by defenders.
…We firmly condemn all crimes and other grave violations under international law committed by both Israel and Palestinian armed groups. Targeted and indiscriminate attacks against civilians can never be justified. We call on the ICC Office of the Prosecutor to accelerate its investigation into serious crimes committed by all parties in Palestine and Israel. We call on Israel to ratify the Rome Statute, and for the ICC to hold both State and non-State perpetrators of international crimes accountable. We call on the Commission of Inquiry to address the situation within the context of its root causes: settler colonialism, apartheid, and denial of the fundamental rights to self-determination and return of the Palestinian people, all amounting to grave violations of international law. We call on governments to immediately stop providing political and military support to Israel, while Ministers manifest a genocidal intent against Palestinians. On 9 October 2023, Yoav Gallant, Israel’s Minister of Defense, stated: “We are imposing a complete siege on [Gaza]. No electricity, no food, no water, no fuel – everything is closed. We are fighting human animals, and we act accordingly”. We deplore the dehumanization of all people, including not mentioning Palestinian civilians’ killings in statements in this Council. As we gear up to celebrate the 75th anniversary of the UDHR, we remind this Council that for 75 years, generations of people in Gaza and historic Palestine have not been born free and equal in dignity and rights. Until this is addressed, the cycles of violence will not end. As Israel continues to bomb the Rafah crossing, the international community has a duty to guarantee immediate humanitarian access to besieged Gaza. We call on States to establish an international protective presence in the OPT, as called for by UN Special Procedures. For 75 years, the international community has enabled impunity and failed to fulfill the right to self-determination of Palestinian people, including through their legitimate right to resist colonialism.
The Council has shown that it does have an important role to play in addressing violations amidst multiple human rights crises. We welcome the establishment of the mechanism on Sudan and the extension of the Special Rapporteur on Russia, inter alia, in this regard. But these stand in stark contrast to its failure to renew the critical mandate on Ethiopia, particularly in light of the expert finding of the acute risk of ongoing and further atrocity crimes, as well as other Council blind spots where mounting human rights violations remain ignored. We stress the need for the Council to take a principled approach and to address situations on their merits.
We remain deeply concerned about reprisals against civil society actors who engage or seek to engage with UN bodies and mechanisms. We call on all States and the Council to do more to address the situation, including raise concerns about specific cases of reprisals and demand that governments provide an update on any investigation or action taken toward accountability. We welcome the adoption of the resolution on cooperation with the UN, including the reference to adequately resourced dedicated civil society focal points, however we are disappointed that several proposals by States and civil society to strengthen the text were not taken on board. The Secretary General’s most recent report on reprisals notes increased physical and digital surveillance of those cooperating with the UN and application of laws aimed at punishing or deterring cooperation. While the resolution takes notes of these trends we regret that the resolution does not fully address how these should be addressed. We welcome the strong focus on prevention and emphasis given to accountability. Nonetheless, the preventative role the Council could play in regard to reprisals, as signs of deterioration in civic space conditions, is overlooked. In addition, States’ monitoring and reporting responsibilities in relation to allegations of acts of intimidation or reprisal could be addressed more fully. Also, we welcome the call to the SG for adequate resources to be allocated to OHCHR to prevent and address allegations.
We welcome the resolution on preventable maternal mortality and morbidity, which reiterates that PMMM is a human rights issue that requires a human rights-based approach response, centering inter alia the principles of accountability, meaningful participation of primarily affected people, non-discrimination and equality and transparency. The resolution aims at garnering political will to curb maternal mortality and morbidity rates that have been stagnating and failing to meet SDGs targets. The resolution rightly highlights the full realization of the right to sexual and reproductive health and the provision of comprehensive sexual and reproductive health information and services, including comprehensive sexuality education and safe abortion (with the caveat of not when against national law), as pre-conditions to lower PMMM. We welcome the call to update the technical guidance on a HRBA to PMMM. We however deplore the amendments put forward seeking to weaken the text and apply a protectionist lens to women’s rights to bodily autonomy, taking away their agency and their status of full rights holders under IHRL.
We express our support for a new resolution on the right to privacy in the digital age, which contains strong new standards under the theme of data protection. The resolution also contains stronger language on remote biometric surveillance systems, such as facial recognition, stressing that they raise serious concerns with regard to their proportionality. While we applaud that the resolution acknowledges that some applications of new and emerging technologies may not be compatible with international human rights law, we call for future iterations to take a step further in establishing “red lines” and to call for bans of such technologies. We also urge the core group to address other emerging issues for the right to privacy in the future, such as social media monitoring.
We welcome the adoption of the resolution on the question of the death penalty aimed at ensuring that criminal justice systems are consistent with international human rights obligations in relation to capital punishment, with a focus on the relation between Art 6 and Art 14 of the ICCPR, particularly on the right to seek pardon or commutation of the sentence, and the right to have one’s conviction reviewed by a higher tribunal according to law. In accordance with the safeguards guaranteeing the protection of the rights of those facing the death penalty, as set out in the annex to Economic and Social Council Resolution 1984/50. We welcome that any attempt by a number of States to undermine the aim of the resolution through a number of amendments, have been rejected.
We welcome the adoption of the resolution from rhetoric to reality: a global call for concrete action against racism, racial discrimination, xenophobia and related intolerance’ and the mandate renewal of the Working Group of Experts of People of African Descent (WGEPAD). We welcome that the rhetoric to reality resolution, interalia, strongly condemns the discriminatory treatment, unlawful deportations, excessive use of force and deaths of African migrants and migrants of African descent, including refugees and asylum-seekers, at the hands of law enforcement officials engaged in migration and border governance. It calls on States to ensure accountability and reparations for human rights violations at borders and to adopt a racial justice approach, including by adopting policies to address structural racism in the management of international migration. However, we regret that it did not reiterate that the transatlantic trade in enslaved Africans and colonialism were grave violations of international law that require States to make reparations proportionate to the harms committed and to ensure that structures in the society that are perpetuating the injustices of the past are transformed, including law enforcement and the administration of justice. We urge all States to fully implement the Durban Declaration and Programme of Action (DDPA). We also call on States to fully cooperate with the WGEPAD and EMLER including by accepting country visits, and implementing their recommendations as well as those from the Permanent Forum and the High Commissioner’s Agenda towards Transformative Change for Racial Justice and Equality.
We welcome the adoption of the resolution on the human rights situation in the Russian Federation, and the re-mandating of the Special Rapporteur. The human rights situation in Russia has drastically deteriorated in the past year, and the Special Rapporteur needs more time to report on the general situation in the country and the Council to equally be able to scrutinize the situation.
We welcome the adoption of the resolution on a Working Group on the rights of Peasants and Other People Working in Rural Areas. The resolution recognizes the contributions of peasants and other people working in rural areas in ensuring the right to adequate food and nutrition, a clean, healthy and sustainable environment, as well as to conserving and improving biodiversity. It calls upon all States and all stakeholders to cooperate fully with the Working Group on the Rights of Peasants and Other People Working in Rural Areas. The establishment of an interdisciplinary WG with balanced geographical representation will promote the effective and comprehensive implementation of the UNDROP and provide opportunities to share and promote good practices and lessons learned on the implementation of the UNDROP.
We welcome the adoption of the resolution on Afghanistan, which extends and strengthens the mandate of the Special Rapporteur. However, we are dismayed that the HRC once again failed to establish an independent investigative mechanism, despite compelling evidence for its need. This risks the entrenchment of impunity for crimes against humanity. This body must center rights holders and survivors, and heed the call of Afghan civil society, who have consistently asked for such a mechanism. We urge States to recognise the situation of women and girls in the country as amounting to gender apartheid, and to support the codification of this crime in the draft Articles on Crimes against Humanity.
We regret that the item 10 resolution on Yemen, again fails to respond to the urgent need for accountability for past and on-going violations and abuses in Yemen.
We welcome the adoption of the resolution on the enhancement of technical cooperation and capacity-building in the field of human rights and its focus on the Universal Periodic Review. The resolution contains a number of key references to the positive role civil society plays in technical assistance, and the possible role multi-stakeholder partnerships between States, UN agencies and civil society can play in supporting the implementation of international human rights obligations by UN Member States. The establishment of an online repository of technical cooperation and capacity-building activities could help civil society identify advocacy opportunities in regards to country-specific situations, in collaboration with UN agencies, as well as opportunities to share best practices and capitalize on lessons learned in regard to technical assistance.
We welcome the renewal of the mandate of the Special Rapporteur on the situation of human rights in Cambodia. In a context defined by systematic targeting and silencing of human rights defenders, critics and political opponents, the Special Rapporteur’s independent and objective assessment of the situation is more important than ever. However, we regret that the resolution once again failed to adequately reflect the reality of the situation and attempted to justify continuing restrictions on civil and political space on the basis of the country’s political and historical particularities as well as national legislation that contradict its international obligations.
We welcome the resolution on the rights of older persons and its important focus on the right of older persons to live free from violence, abuse, and neglect. Now, more needs to be done to ensure that older persons’ rights are protected in reality, including by establishing an international treaty on the rights of older persons.
We welcome the allocation of additional resources to the OHCHR in the area of economic, social and cultural rights, with the adoption of the resolution on ESCR and inequalities.
One year after the release of the OHCHR report finding possible crimes against humanity committed by China against Uyghurs and Muslim minorities, we deplore the sustained failure of this Council to engage in dialogue on the matter, let alone prevent the continuation of abuses. We regret the absence of a joint statement on China at the Council in 2023. The CESCR, the CEDAW, the CERD, the OHCHR, the ILO, as well as Special Procedures through three joint statements, nearly 30 press releases and over 100 letters to the government since 2018, have provided overwhelming evidence pointing to systematic and widespread human rights violations across the country. So long as the Council is not able to take principled action on the basis of objective criteria, other powerful perpetrators will feel empowered to continue committing atrocity crimes, relying on the Council’s silence. We reiterate our pressing call for all Council Members to support the adoption of a resolution establishing a UN mandate to monitor and report on the human rights situation in China.
Finally, we note the outcomes of the Human Rights Council elections. We welcome that Russia’s candidacy was defeated but regret the election of other members responsible for atrocity crimes, widespread civil society repression, and patterns of reprisals.
Signatories: International Service for Human Rights (ISHR), International Federation for Human Rights (FIDH), GIN SSOGIE NPC, Cairo Institute for Human Rights Studies, FIAN International, Asian Forum for Human Rights and Development (FORUM-ASIA).
A year after being suspended from the body, Russia will not be returning to the UN Human Rights Council in January, despite its best efforts. Running for one of two seats allocated to countries from Central and Eastern Europe, Russia received only 83 votes, significantly less than competitors Albania (123) and Bulgaria (163).
‘With this vote, States have acted in line with General Assembly resolution 60/251 and stopped Russia’s brazen attempt to undermine the international human rights system,’ said Madeleine Sinclair, co-director of ISHR’s New York office. ‘Russia must answer for a long list of crimes in Ukraine and for its ruthless and longstanding crackdown on civil society and individual liberties at home. We’re relieved voting States agreed that it could not have legitimately held a seat at the UN’s top human rights body,’. [see also: https://humanrightsdefenders.blog/tag/russia/]
In the only other competitive race, between States from Latin American and the Caribbean, the General Assembly re-elected Cuba, one of Russia’s most consistent allies. Cuba ran for one of three seats for Latin America and the Caribbean, facing three competitors and coming in first, with 146 votes, ahead of Brazil (144), the Dominican Republic (137) and Peru (108).
Results for Asia and Africa were as disappointing as they were predictable, with the election of China and Burundi. Both States ran in uncompetitive races, with only as many candidates as seats available, thus all but assured to win. They were elected with 154 (China) and 168 (Burundi), finishing bottom of each of their respective regional slates with noticeably fewer votes than their direct competitors.
Both countries are objectively and manifestly unsuitable for the Human Rights Council in view of their domestic records, their past actions as Council members, and the very criteria that nominally governs membership of the Council.
ISHR has been campaigning to call on States at the General assembly to vote in accordance with resolution 60/251 and to use their votes to ensure a strong and principled Human Rights Council. ISHR produced a series of individual and regional scorecards examining the records of all 17 candidates running this year.
ISHR and Freedom House hosted a group of young defenders from the diaspora for a training on UN human rights mechanisms and joint advocacy meetings in Geneva.
Eight activists working on Uyghur, Tibetan and Hong Kong rights across six countries, including Canada, Germany, India, the Netherlands, the United Kingdom and the United States, participated in the United Nations Advocacy Training (UNAT) program to learn and strategise together on ways to hold the Chinese government accountable for its human rights violations at the international level.
Why a training for youth diaspora activists?
Young activists play a critical role in diaspora movements to address and counter the Chinese government’s persecution of peoples from the Uyghur region, Tibet, and Hong Kong. When capacity building and support are available to them, they can meaningfully engage their host governments and international institutions, like the UN, to hold the Chinese government accountable for its ongoing abuses against their communities inside the People’s Republic of China, and acts of transnational repression outside Chinese borders. Unfortunately, youth diaspora activists don’t have many opportunities to convene and collaborate in those international spaces.
Working together as allies and partners, these groups can help increase the confidence in their efforts and improve impact and sustainability. Opportunities to network, train together, and work on joint advocacy efforts will help individual diaspora groups communicate and coordinate more effectively amongst themselves and with other relevant local and international groups to amplify and sustain pressure on the Chinese government for meaningful human rights change.
Aged between 19 and 28 years old, this was the first time that young activists from these communities came together in Geneva to work on cross-cutting community issues and build solidarity. Participants are engaged in rights advocacy through their work with established groups like the Hong Kong Democracy Council, Free Uyghur Now, and the Uyghur Human Rights Project or have founded impactful youth led organisations in their host countries, such as Students for a Free Tibet, Harvard College Students for Uyghur Solidarity, and Uyghur Youth Initiative. They are working toward better visibility and accountability towards violations outlined in the UN’s Xinjiang report published last August 2022, including the curtailment of free assembly and expression, mass surveillance, forced labour, and cultural and religious persecution.
During the interactive training programme, participants engaged with one another through peer check-in sessions, with human rights experts and advocates through live Q&As, discussions on the Human Rights Council, Special Procedures, Treaty Bodies and the Universal Periodic Review, and considered how to engage in advocacy activities at the UN in order to effect change for their communities.
The in-person training was designed to coincide with the 54th Session of the Human Rights Council so that the participants could attend the United Nations for the first time in their careers. As well as receiving additional advocacy training modules on all the UN human rights mechanisms from a range of experts, participants had the opportunity to build networks in Geneva and around the world, engage in meetings with UN member States and UN staff, and produce a powerful solidarity video statement which summarises their call to action to the UN States members.
All of the participants expressed they were satisfied with the training and increased their skills and networks to engage in advocacy at the UN. Freedom House and ISHR will continue to support these participants as they develop joint advocacy initiatives and build solidarity among their communities.
Participants in front of the flags of UN Member States, at UN Office, Geneva
On Monday 18 September, over 50 activists, members of civil society organisations and diplomatic partners gathered on Geneva’s Place des Nations, unfurling a giant banner celebrating the right to defend human rights, as enshrined in the foundational UN Declaration on Human Rights Defenders.
The banner and gathering were meant to mark the 25th anniversary of the Declaration, which was adopted by the UN General Assembly in 1998. The document explicitly laid out the rights of human rights defenders and the protection owed to them by governments and businesses, emphasising that everyone has the right to advocate and defend rights and fundamental freedoms.
On 28 September 2023, the UN Secretary-General’s report on reprisals was presented, which covers the period from 1 May 2022 to 30 April 2023. Over 220 individuals and 25 organizations in 40 countries across the world faced threats and retaliation from State and non-State actors for cooperating with the UN on human rights.
Human rights defenders and other civil society actors are increasingly under surveillance and continued to face legal proceedings, travel bans and threats, and be given prison sentences for cooperating with the UN and the UN’s human mechanisms.
Among the growing trends noted in the report is the increase in people either choosing not to cooperate with the UN due to concerns for their safety, or only doing so if kept anonymous.
Victims and witnesses in two-thirds of the States listed in the report requested anonymous reporting of reprisals, compared with one-third in last year’s report. And most people who reported facing reprisals for their cooperation with the Security Council and its peace operations, as well as with the UN Permanent Forum on Indigenous Issues did so on the condition of anonymity.
A second trend was the increasing surveillance of those who cooperate or attempt to cooperate with the UN, being reported in half of the countries named in the report. An increase in physical surveillance by State actors was also noted, likely linked to the return to in-person forms of engagement with the UN.
Third, almost forty-five per cent of the in the report continued to apply or enact new laws and regulations concerning civil society, counter-terrorism and national security, which punish, deter or hinder cooperation with the UN and its human rights mechanisms. These legislative frameworks represent severe obstacles to long-standing human rights partners of the UN worldwide, and were used to outlaw some of them, raid their offices, and question, threaten or try their staff.
Finally, the specificity and severity of acts of reprisals against women and girls, which constitute half of the victims in this year’s report, was once again identified with concern.
Most of them are human rights defenders and civil society representatives targeted for their cooperation with UN human rights mechanisms and peace operations, but there is also a significant number of judicial officers and lawyers subjected to reprisals for their cooperation with the UN in search of accountability and remedy.
“We have a duty to those who put their trust in us,” said Brands Kehris. “That is why at the UN, we are determined to live up to our collective responsibility to prevent and address intimidation and reprisals against those who cooperate with the organization and its human rights mechanisms.”
The 40 States referred to in the report are: Algeria, Afghanistan, Andorra, Bahrain, Bangladesh, Belarus, Burundi, Cameroon, China, Colombia, Cuba, Democratic Republic of the Congo, Djibouti, Egypt, France, Guatemala, India, Indonesia, Iran (Islamic Republic of), Iraq, Israel, Saudi Arabia, Libya, Maldives, Mali, Mexico, Myanmar, Nicaragua, Pakistan, the Philippines, Qatar, the Russian Federation, South Sudan, United Republic of Tanzania, United Arab Emirates, Uzbekistan, Viet Nam, Venezuela (Bolivarian Republic of), Yemen, and the State of Palestine.
Camila Zuluaga is an international advocacy lawyer at the Colombian Commission of Jurists (CCJ). She spoke to ISHR about her hopes for Colombia, which she hopes to make a safer country for human rights defenders. Camila was also one of the participants to ISHR’s flagship training course, the Human Rights Defender Advocacy Programme (HRDAP).
The Human Rights Council should urgently address the deterioration of the human rights situation in Tunisia, four human rights organizations said on 27 June 2023 as the 53rd Council’s session is underway.
In a letter sent to UN Member States’ Representatives on 5 June 2023, the four undersigned organizations warned against the rapidly worsening situation in Tunisia, and urged States to seize the opportunity of the ongoing Human Rights Council’s session to address it. The organizations called on the Council and Member States to press the Tunisian authorities to comply with their obligations under international human rights law particularly those guaranteeing the rights to fair trial, freedom of expression, freedom of peaceful assembly and association, and non-discrimination.
The Human Rights Council should urge Tunisia to end the ongoing crackdown on peaceful dissent and freedom of expression, and drop charges against, and release, all individuals being detained and prosecuted solely on the basis of their peaceful political activities and the exercise of their human rights. The Council should also call on Tunisia to conduct prompt, thorough, independent, impartial and transparent and investigation into a wave of anti-Black violence – including assaults and summary evictions – against Black African foreign nationals, including migrants, asylum seekers and refugees, and bring to justice anyone reasonably suspected to be responsible, and provide victims with access to justice and effective remedies.
Over the past two years, Tunisia has witnessed a significant rollback on human rights. Judicial independence guarantees have been dismantled and individual judges and prosecutors have been subjected to arbitrary dismissal, politicized criminal prosecutions and increased interference by the executive. Lawyers are being prosecuted for the discharge of their professional duties and exercise of their right to freedom of expression.
‘The Tunisian authorities’ interference in the judiciary and attacks on lawyers have greatly undermined the right to fair trial and public trust in the integrity of the justice system. The authorities must ensure that the courts are not weaponized to crush dissent and free expression,’ said International Commission of Jurists’ MENA director Said Benarbia.
Under the guise of ‘fighting offences related to information and communication systems’, punishable by up to a 10 years’ imprisonment and a hefty fine according to Decree Law 54, at least 13 individuals, including journalists, political opponents, lawyers, human rights defenders and activists, have been subject to police or judicial investigations and are facing possible prosecutions.
‘With Tunisia facing political uncertainty and economic crisis, it’s more important than ever that Tunisians be free to debate their country’s future without fear of reprisal. The authorities should strive to allow the effective enjoyment of the right to freedom of expression of everyone; instead, they are attacking it,’ said Rawya Rageh, Amnesty International’s acting deputy director for the Middle East and North Africa.
Last week, the UN High Commissioner for Human Rights called on the Tunisian authorities to stop restricting media freedoms and criminalizing independent journalism. In a statement published on 23 June, Volker Türk expressed deep concern at the increasing restrictions on the right to freedom of expression and press freedom in Tunisia, noting that vague legislation is being used to criminalize independent journalism and stifle criticism of the authorities. ‘It is troubling to see Tunisia, a country that once held so much hope, regressing and losing the human rights gains of the last decade,’ said the High Commissioner.
Since February 2023, a wave of arrests targeted political opponents and perceived critics of Tunisia’s President, Kais Saied. In the absence of credible evidence of any offences, judges are investigating at least 48 people, such as dissidents, opposition figures, and lawyers, for allegedly conspiring against the State or threatening State security, among other charges. At least 17 of them are being investigated under Tunisia’s 2015 counter-terrorism law.
‘By jailing political leaders and banning opposition meetings, the authorities are dangerously trampling on the fundamental rights that underpin a vibrant democracy. The democratic backsliding and the human rights violations, which are unprecedented since the 2011 revolution, require urgent attention from the Human Rights Council and Member States,’ said Salsabil Chellali, Tunisia director at Human Rights Watch.
The last 25 years have seen significant developments in international law and standards on the role, recognition and protection of human rights defenders. Five years ago, the Human Rights Defenders World Summit called for action, including to: “Take stock of the developments in normative frameworks related to the protection of defenders since 1998 and further develop and deepen the norms contained in the Declaration with the view to afford enhanced protection”. [see: https://humanrightsdefenders.blog/2019/11/01/one-year-after-the-2018-human-rights-defenders-world-summit/ as well as: https://humanrightsdefenders.blog/2018/12/18/premiere-powerful-video-summarizes-human-rights-defenders-world-summit-2018/]. The Declaration +25 Project is a civil society-led initiative that seeks to do just that while putting civil society at the centre of a conversation fundamental to them and their work – the right to defend rights.
A bit too late to actually follow the event (which took place on 20 June), I like to draw attention to the programme. The event was live-streamed on ISHR’s YouTube channel.
This side event, which is co-sponsored by a number of civil society organisations,
wanted to:
enhance awareness of the UN Declaration on human rights defenders, and of the Declaration +25 Project;
present developments in the last 25 years in international law and standards on the role, recognition and protection of human rights defenders;
encourage greater dialogue on the protection needs of defenders;
hear from human rights defenders on their protection needs and the role the Declaration has played to date.
Speakers:
Ketakandriana Rafitoson, Transparency International – Initiative Madagascar
Camila Zuluaga Hoyos, Colombian Commission of Jurists
Robby Mokgalaka, The Groundwork Trust, South Africa
Birgit Kainz-Labbe, Coordinator of Civic Space Unit, OHCHR
Moderator: Tess McEvoy, International Service for Human Rights
The 53rd session of the UN Human Rights Council started 19 June (to end on 14 July 2023). Thanks to the – as usual – excellent documentation prepared by the International Service for Human Rights (ISHR) I will highlight the themes mostly affecting HRDs.
To stay up-to-date you can follow @ISHRglobal and #HRC53 on Twitter, and look out for its Human Rights Council Monitor. During the session, follow the live-updated programme of work on Sched.
Here are some highlights of the session’s thematic discussions
Human rights of migrants
The Council will consider a resolution on the human rights of migrants this session, where a big problem is the criminalisation of the provision of solidarity and support, including rescues at sea, by migrant rights defenders.
Reprisals
..States raising cases is an important aspect of seeking accountability and ending impunity for acts of reprisal and intimidation against defenders engaging with the UN. It can also send a powerful message of solidarity to defenders, supporting and sustaining their work in repressive environments.
Anexa Alfred Cunningham (Nicaragua), a Miskitu Indigenous leader, woman human rights defender, lawyer and expert on Indigenous peoples rights from Nicaragua, who has been denied entry back into her country since July 2022, when she participated in a session of a group of United Nations experts on the rights of Indigenous Peoples. States should demand that Anexa be permitted to return to her country, community and family and enabled to continue her work safely and without restriction.
Vanessa Mendoza (Andorra), a psychologist and the president of Associació Stop Violències, which focuses on gender-based violence, sexual and reproductive rights, and advocates for safe and legal abortion in Andorra. After engaging with CEDAW in 2019, Vanessa was charged with ‘slander with publicity’, ‘slander against the co-princes’ and ‘crimes against the prestige of the institutions’. She has been indicted for the alleged “crimes against the prestige of the institutions” involving a potentially heavy fine (up to 30,000 euros) and a criminal record if convicted. States should demand that the authorities in Andorra unconditionally drop all charges against Vanessa and amend laws which violate the rights to freedom of expression and association.
Kadar Abdi Ibrahim (Djibouti) is a human rights defender and journalist from Djibouti. He is also the Secretary-General of the political party Movement for Democracy and Freedom (MoDEL). Days after returning from Geneva, where Kadar carried out advocacy activities ahead of Djibouti’s Universal Periodic Review (UPR), intelligence service agents raided his house and confiscated his passport. He has thus been banned from travel for five years. States should call on the authorities in Djibouti to lift the travel ban and return Kadar’s passport immediately and unconditionally.
Hong Kong civil society (Hong Kong): Until 2020, civil society in Hong Kong was vibrant and had engaged consistently and constructively with the UN. This engagement came to a screeching halt after the imposition by Beijing of the National Security Law for Hong Kong (NSL), which entered into force on 1 July 2020. States should urge the Hong Kong authorities to repeal the offensive National Security Law and desist from criminalizing cooperation with the UN and other work to defend human rights.
Maryam al-Balushi and Amina al-Abduli (United Arab Emirates), Amina Al-Abdouli used to work as a school teacher. She was advocating for the Arab Spring and the Syrian uprising. She is a mother of five. Maryam Al Balushi was a student at the College of Technology. They were arrested for their human rights work, and held in incommunicado detention, tortured and forced into self-incriminatory confessions. After the UN Special Procedures mandate holders sent a letter to the UAE authorities raising concerns about their torture and ill treatment in detention in 2019, the UAE charged Amina and Maryam with three additional crimes. The UN Working Group on Arbitrary Detention found their detention arbitrary and a clear case of reprisals for communicating with Special Procedures. In April 2021, a court sentenced them to three additional years of prison for “publishing false information that disturbs the public order”. States should demand that authorities in the UAE immediately and unconditionally release Maryam and Amina and provide them with reparations for their arbitrary detention and ill-treatment.
Other thematic reports
At this 53rd session, the Council will discuss a range of civil, political, economic, social and cultural rights through dedicated debates with the mandate holders and the High Commissioner, including:
The Special Rapporteur on the rights to freedom of peaceful assembly and of association
The Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
The Special Rapporteur on the right to freedom of expression
The Special Rapporteur on the right to health
The Special Rapporteur on extrajudicial, summary of arbitrary executions
The Special Rapporteur on promotion and protection of human rights in the context of climate change
The Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance
The Working Group on the issue of human rights and transnational corporations and other business enterprises
The High Commissioner on the importance of casualty recording for the promotion and protection of human rights
The Special Adviser to the Secretary-General on the Prevention of Genocide
In addition, the Council will hold dedicated debates on the rights of specific groups including:
The Working Group on discrimination against women and girls
The Special Rapporteur on violence against women and girls, its causes and consequences
The Special Rapporteur on the human rights of migrants
The Special Rapporteur on trafficking in persons, especially women and children
The Special Rapporteur on independence of judges and lawyers
#HRC53 | Country-specific developments
Afghanistan
The Human Rights Council will hold its Enhanced Interactive Dialogue on Afghanistan, with the Special Rapporteur on the situation in Afghanistan and the Working Group on Discrimination against Women in Law and Practice. The joint report of the two mandates follows up from an urgent debate held last year on the situation of women and girls in the country. Their visit to the country concluded that there exist manifestations of systemic discrimination violating human rights and fundamental freedoms in both public and private lives. ISHR has joined many around the world to argue that the situation amounts to gender apartheid, and welcomes the call of the two mandate holders to develop normative standards and tools to address this as “an institutionalised system of discrimination, segregation, humiliation and exclusion of women and girls”. The gravity and severity is urgent, and requires that States act on the ongoing calls by Afghan civil society to establish an accountability mechanism for crimes against humanity.
Algeria
On 15 June, fifteen activists and peaceful protesters will face trial in Algiers on the basis of unfounded charges which include ‘enrolment in a terrorist or subversive organisation active abroad or in Algeria’ and ‘propaganda likely to harm the national interest, of foreign origin or inspiration’. The activists were arrested between 23 and 27 April 2021, and arbitrarily prosecuted within one criminal case. If convicted of these charges, they face a prison sentence of up to twenty years. This case includes HRDs Kaddour Chouicha, Jamila Loukil and Said Boudour who were members of the LADDH before its dissolution by the Administrative Court of Algiers following a complaint filed by the Interior Ministry on 29 June 2022. We urge States to monitor the prosecution closely, including by attending the trial. We also urge States to demand that Algeria, a HRC member, end its crackdown on human rights defenders and civil society organisations, amend laws used to silence peaceful dissent and stifle civil society, and immediately and unconditionally release arbitrarily detained human rights defenders.
China
The recent findings of the Committee on Economic, Social and Cultural Rights in March, the Committee on the Elimination of Discrimination against Women in May, and the seven key benchmarks on Xinjiang by 15 Special Rapporteurs add up to wide range of UN expert voices that have collectively raised profound concern at the Chinese government’s treatment of Uyghurs, Tibetans, Hong Kongers and HRDs in mainland China. Seldom has the gap between the breadth of UN documentation on crimes against humanity and other grave violations and the lack of action by the Human Rights Council in response to such overwhelming evidence been so flagrant: the Council’s credibility is at stake. ISHR calls on the Council to promptly adopt a resolution requesting updated information on the human rights situation in Xinjiang, and a dialogue among all stakeholders on the matter. Governments from all regions should avoid selectivity, put an end to China’s exceptionalism, and provide a meaningful response to atrocity crimes on the basis of impartial UN-corroborated information.
The recent convictions of prominent rights defenders Ding Jiaxi and Xu Zhiyong to 12 and 14 years in jail respectively, and the recent detention of 2022 Martin Ennals awardee Yu Wensheng and his wife Xu Yan for ‘subversion of State power’ a year after his release, point to the need for sustained attention to the fate of HRDs in China. States should address in a joint statement the abuse of national security and other root causes of violations that commonly affect Uyghurs, Tibetans, Hong Kongers and mainland Chinese HRDs. States should also ask for the prompt release of human rights defenders, including human rights lawyers Chang Weiping, Yu Wensheng and Ding Jiaxi, legal scholar Xu Zhiyong, feminist activists Huang Xueqin and Li Qiaochu, Uyghur doctor Gulshan Abbas, Hong Kong lawyer Chow Hang-tung, and Tibetan climate activist A-nya Sengdra.
Egypt
Since the joint statement delivered by States in March 2021 at the HRC, there has been no significant improvement in the human rights situation in Egypt despite the launching of the national human rights strategy and the national dialogue. The Egyptian government has failed to address, adequately or at all, the repeated serious concerns expressed by several UN Special Procedures over the broad and expansive definition of “terrorism”, which enables the conflation of civil disobedience and peaceful criticism with “terrorism”. The Human Rights Committee raised its concerns “that these laws are used, in combination with restrictive legislation on fundamental freedoms, to silence actual or perceived critics of the Government, including peaceful protesters, lawyers, journalists, political opponents and human rights defenders”. Egyptian and international civil society organisations have been calling on the HRC to establish a monitoring and reporting mechanism on the human rights situation in Egypt, applying objective criteria and in light of the Egyptian government’s absolute lack of genuine will to acknowledge, let alone address, the country’s deep-rooted human rights crisis.
Israel and OPT
Civil society continues to call on the OHCHR to implement, in full, the mandate provided by HRC resolution 31/36 of March 2016 with regards to the UN database of businesses involved in Israel’s illegal settlement industry. The resolution mandated the release of a report containing the names of the companies involved in Israel’s settlement enterprise, to be annually updated. The initial report containing a list of 112 companies was released by the OHCHR in February 2020, three years after the mandated release date and despite undue political pressure. Since then, the UN database has not been updated. UN member states should continue to call on the OHCHR to implement the mandate in full and publish an annual update, as this represents a question of credibility of the Office of the High Commissioner and the Council.
The Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel will present its second report to the Council on 20 June. Member states should continue to support the work of the CoI to investigate the root causes of the situation in line with its mandate with a view to putting an end to 75 years of denial of the Palestinian’s people inalienable rights to self-determination and return. As the Palestinian people commemorate 75 years of Nakba (the destruction of Palestinian homeland and society), the CoI needs to address the root causes of the situation, including by investigating the ongoing denial of the Palestinian people’s right to self-determination and the return of refugees, as well as the ongoing forcible displacement of Palestinians on both sides of the Green Line in the context of Israel’s imposition of a system of colonial apartheid.
In addition, on 10 July, the Council will hold an interactive dialogue with the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967.
Saudi Arabia
In light of the ongoing diplomatic rehabilitation of crown prince and de facto ruler Mohammed bin Salman, the Saudi authorities’ brazen repression continues to intensify, as ALQST has documented. Some notable recent trends include, but are not limited to: the further harsh sentencing of activists for peaceful social media use, such as women activists Salma al-Shehab (27 years), Fatima al-Shawarbi (30 years and six months) and Sukaynah al-Aithan (40 years); the ongoing detention of prisoners of conscience beyond the expiry of their sentences, some of whom continue to be held incommunicado such as human rights defenders Mohammed al-Qahtani and Essa al-Nukheifi, and; regressive developments in relation to the death penalty, including a wave of new death sentences passed and a surge in executions (47 individuals were executed from March-May 2023), raising concerns for those currently on death row, including several young men at risk for crimes they allegedly committed as minors. We call on the HRC to respond to the calls of NGOs from around the world to create a monitoring and reporting mechanism on the ever-deteriorating human rights situation in Saudi Arabia.
Nicaragua
Continued attention should be paid by States at the HRC to the steadily worsening situation in Nicaragua. On 2 June, the spokesperson for the UN High Commissioner for Human Rights raised ‘growing concerns that the authorities in Nicaragua are actively silencing any critical or dissenting voices in the country and are using the justice system to this end’. The OHCHR reports 63 individuals arbitrarily detained in May alone, with 55 charged with ‘conspiracy to undermine national integrity’ and ‘spreading false news’ within one single night, without access to a lawyer of their choosing. States should express support for the monitoring and investigation work of the OHCHR and the Group of Human Rights Experts on Nicaragua (GHREN), and call on the Nicaraguan government to release the remaining 46 political prisoners, revoke its decision to strip deported political prisoners off their nationality, and take meaningful measures to prevent, address and investigate violence by armed settlers against Indigenous Peoples and Afro-descendants.
Russia
Russia’s war of aggression against Ukraine has also been accompanied by a domestic war of repression against human rights defenders, independent journalists and political dissent. Most recently, Russia has adopted a sweeping new law criminalising assistance to or cooperation with a range of international bodies, including the International Criminal Court, ad hoc tribunals, foreign courts and arguably even the UN Human Rights Council itself. This law is manifestly incompatible with the right to communicate and cooperate with international bodies, and a flagrant and institutionalised case of reprisal. With Russian authorities having been found by a UN-mandated Commission of Inquiry to be possibly responsible for crimes against humanity and war crimes, and having a closed and highly repressive environment for civil society (ranking 17/100 in the CIVICUS Monitor), Russia is plainly unfit to be elected to the UN Human Rights Council and should be regarded as an illegitimate candidate. States should support and cooperate with the mandate of the new Special Rapporteur on the human rights situation in Russia, as well as with the Commission of Inquiry into human rights violations and abuses associated with Russia’s illegal war of aggression against Ukraine.
Sudan
Since the beginning of the war in Sudan on 15 April 2023, increasing numbers of Sudanese WHRDs are receiving threats and subject to grave danger. WHRDs are facing challenges in evacuating from Sudan and face further protection risks in neighboring countries. Sudanese women groups and WHRDs are risking their lives to provide support, solidarity, and report on the rising numbers of sexual and gender-based violence crimes. Many survivors are trapped in fighting areas unable to access support, and the occupation of hospitals by RSF is hindering women’s access to health services. The Council must urgently establish an international investigation in Sudan with sufficient resources, including to investigate the threats and reprisals against WHRDs for their work, and to document sexual and gender-based violence. During the debate with the High Commissioner and designated expert on Sudan on 19 June, we urge States to condemn sexual and gender-based violence (SGBV). States should highlight the impacts of the war on women and girls, including sexual and reproductive health as well as lack of support services for survivors of SGBV. States should reaffirm the importance of participation of women and their demands, and amplify the critical work of WHRDs on the ground despite the imminent risks to their lives and safety. States should also condemn the increasing threats against WHRDs and demand their effective protection.
Venezuela
On 5 July, the High Commissioner will present his report on the human rights situation in Venezuela, which will include an assessment of the level of implementation of UN recommendations already made to the State. The Council focus on Venezuela remains critical at a time when some States’ efforts to normalize relations with Venezuela risk erasing human rights from key agendas. Council members and observers should actively engage in the interactive dialogue with the High Commissioner to make evident that the human rights situation in the country remains at the heart of their concerns. The human rights and humanitarian situation in the country remains grave. Human rights defenders face ongoing and potentially increasing restrictions. We urge States to:
Express concern about the NGO bill, sitting with the Venezuelan National Assembly, and call for it to be withdrawn. The potential implications of this bill are to drastically shrink civic space, including by criminalising the work of human rights defenders;
Call for the release of all those detained arbitrarily – including defender Javier Tarazona who has been held since July 2021 and whose state of health is deteriorating;
Call for the rights of human rights defenders and journalists to be respected including during electoral periods, with a mind to Presidential elections next year; and
Call on Venezuela to engage fully with all UN agencies and mechanisms, including OHCHR, and develop a clear plan for the implementation of UN human rights recommendations made to it.
Tunisia
Civil society organisations have raised alarm at the escalating pattern of human rights violations and the rapidly worsening situation in Tunisia following President Kais Saied’s power grab on 25 July 2021 leading to the erosion of the rule of law, attacks on the independence of the judiciary, a crackdown on peaceful political opposition and abusive use of “counter-terrorism” law, as well as attacks on freedom of expression. The High Commissioner has addressed the deteriorating situation in the three latest global updates to the HRC. Special Procedures issued at least 8 communications in less than one year addressing attacks against the independence of the judiciary, as well as attacks against freedom of expression and assembly. Despite the fact that in 2011 Tunisia extended a standing invitation to all UN Special Procedures, and received 16 visits by UN Special Procedures since, Tunisia’s recent postponement of the visit of the Special Rapporteur on the independence of judges and lawyers, is another sign of Tunisia disengaging from international human rights mechanisms and declining levels of cooperation. The upcoming session provides a window of opportunity for the Council to exercise its prevention mandate and address the situation before the imminent risk of closure of civic space in Tunisia and regress in Tunisia’s engagement with the HRC and its mechanisms is complete.
Syria
On 5 July, the Council will hold an interactive dialogue with the Commission of Inquiry on Syria. In a report to the Human Rights Council in 2021, the Commission of Inquiry on Syria called for the establishment of a mechanism to reveal the fate of the missing and disappeared. On 28 March 2023, during the 77th session of the UN General Assembly, the Secretary-General and UN High Commissioner for Human Rights briefed UN Member States on the situation of the missing in Syria, and the findings of the study conducted by the Secretary-General as mandated by Resolution UNGA 76/228. The study concluded that in order to address the situation of the missing in Syria and its impact on families’ lives, it is necessary to create an institution to reveal the fate and whereabouts of the disappeared and to provide support to their families. As discussions are taking place in the UNGA to adopt a resolution establishing a humanitarian institution to reveal the fate and whereabouts of the disappeared, civil society, led by the Truth and Justice Charter, urges States to support the families of the missing to know the truth about the fate and whereabouts of their loved ones by voting in favour of the resolution at the UNGA.
Other country situations
The High Commissioner will present the annual report on 19 June. The Council will hold an interactive dialogue on the High Commissioner’s annual report on 20 June 2023. The Council will hold debates on and is expected to consider resolutions addressing a range of country situations, in some instances involving the renewal of the relevant expert mandates. These include:
Interactive Dialogue with the Special Rapporteur on Eritrea
Interactive Dialogues with the High Commissioner and the Special Rapporteur on Myanmar
Interactive Dialogue with the Special Rapporteur on Burundi
Interactive Dialogue with the High Commissioner on Ukraine
Interactive Dialogue with the Special Rapporteur on Belarus
Interactive Dialogue with the Fact-Finding Mission on Iran
Interactive Dialogue with the Independent Expert on Central African Republic
Appointment of mandate holders
The President of the Human Rights Council has proposed candidates for the following mandates:
Special Rapporteur on minority issues (Mr Nicolas Levrat, Switzerland)
Special Rapporteur on the human rights of migrants (Ms Anna Triandafyllidou, Greece)
Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism (Mr Ben Saul, Australia).
Resolutions to be presented to the Council’s 53rd session
At the organisational meeting on 5 June the following resolutions (selected) were announced (States leading the resolution in brackets):
Human rights situation in Syria (Germany, France, Italy, Jordan, Netherlands, Qatar, Turkey, USA, UK)
New and emerging digital technologies and human rights (Austria, Brazil, Denmark, South Korea, Morocco, Singapore)
Civil society space (Chile, Ireland, Japan, Sierra Leone, Tunisia)
Independence and impartiality of the judiciary, jurors and assessors, and the independence of lawyers – mandate renewal (Australia, Botswana, Hungary, Maldives, Mexico, Thailand)
Human rights of migrants (Mexico)
Mandate of the Special Rapporteur on the situation of human rights in Belarus – mandate renewal (EU)
Mandate of the Special Rapporteur on the human rights situation in Eritrea – mandate renewal (EU)
Business and human rights – mandate renewal (Russian Federation, Ghana, Argentina and Switzerland)
Extrajudicial, summary or arbitrary executions – mandate renewal (Finland, Sweden)
Situation of human rights of Rohiynga muslims and other minorities in Myanmar (Pakistan on behalf of OIC)
Adoption of Universal Periodic Review (UPR) reports
During this session, the Council will adopt the UPR working group reports on Argentina, Benin, Czechia, Gabon, Ghana, Guatemala, Japan, Pakistan, Peru, Republic of Korea, Sri Lanka, Switzerland and Zambia.
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. 5 panel discussions are scheduled for this upcoming session:
Panel discussion on the measures necessary to find durable solutions to the Rohingya crisis and to end all forms of human rights violations and abuses against Rohingya Muslims and other minorities in Myanmar
Annual full-day discussion on the human rights of women [accessible panel]. Theme: Gender-based violence against women and girls in public and political life
Annual full-day discussion on the human rights of women [accessible panel]. Theme: Social protection: women’s participation and leadership
Annual panel discussion on the adverse impacts of climate change on human rights [accessible panel]. Theme: Adverse impact of climate change on the full realisation of the right to food
Panel discussion on the role of digital, media and information literacy in the promotion and enjoyment of the right to freedom of opinion and expression [accessible panel]
Pierre-Claver Akolly Amégnikpo Dekpoh works at the West African Human Rights Defenders Network (WAHRDN) in Lome, Togo. He spoke to ISHR about what drove him to become a human rights defender and about the challenges that he and his colleagues in Togo and West Africa face in working towards the realisation of human rights.
Hans Thoolen on Human Rights Defenders and their awards 