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NGOs call for the release of Mohammed al-Qahtani, detained incommunicado for six months in Saudi Arabia

May 25, 2023

We, the undersigned human rights organisations, call on Saudi authorities to reveal the health condition  of and immediately and unconditionally release prominent Saudi human rights defender and co-founder of the now dissolved Saudi Civil and Political Rights Association (ACPRA)*, Dr. Mohammed al-Qahtani, who has been detained incommunicado for six months. We also call for the immediate and unconditional release of four ACPRA members who remain in arbitrary detention.

Today, 24 April 2023, marks six months since prominent Saudi human rights defender and co-founder of the Saudi Civil and Political Rights Association (ACPRA)* Mohammed al-Qahtani last contacted his family. Since then, the authorities have subjected him to incommunicado detention. Al-Qahtani served his full sentence in November 2022. Five ACPRA members remain imprisoned in reprisal for their peaceful human rights activism: Mohammed al-Qahtani, Essa al-Hamid, Mohammed al-Bajadi, Fawzan al-Harbi, and Abdulaziz al-Shubaili.

Mohammed al-Qahtani was arbitrarily arrested in March 2012 and interrogated regarding his work with ACPRA and his peaceful activism. On 9 March 2013, the Criminal Court in Riyadh sentenced him to 10 years in prison to be followed by a travel ban of equal length on charges including “breaking allegiance to the ruler”, “questioning the integrity of officials”, “seeking to disrupt security and inciting disorder by calling for demonstrations”, and “instigating international organizations against the Kingdom.” The authorities failed to release Al-Qahtani  on 22 November 2022, when he finished serving his prison sentence. However, since 24 October 2022, Saudi authorities have denied him any contact with his family and continue to keep him in incommunicado detention. 

Despite al-Qahtani’s wife making several inquiries about him to al-Ha’ir prison, where al-Qahtani was serving his sentence, prison officers continue to refuse to disclose any information about him. His family has reasons to believe that he has entered into a hunger strike and his health has considerably deteriorated, putting his life at imminent risk. This is not the first time Mohammed al-Qahtani was denied contact with his family. In April 2021, he was held incommunicado after testing positive for Covid-19, raising fears regarding his health and well-being for the duration of his illness. For the past 10 years of imprisonment, security forces  subjected al-Qahtani to inhumane and degrading conditions of detention, and they have also subjected him to torture and ill-treatment, including beatings.

We are all the more concerned about -al-Qahtani’s well-being considering the death of ACPRA co-founder Abdullah al-Hamid in detention on 23 April 2020. Abdullah al-Hamid suffered from hypertension, and his doctor told him three months before he passed away that he needed to undergo heart surgery. He was threatened by prison authorities that if he told his family about his health condition, they would cut his communication with his family. Dr Abdullah al-Hamid had suffered a stroke on 9 April 2020 and remained in detention, despite being in a coma in the intensive care unit at al-Shumaisi Hospital in Riyadh.

Following al-Hamid’s death, the Saudi authorities carried out a wave of arrests against several individuals who expressed sympathy over his passing.

Created in 2009 by 11 human rights defenders and academics, ACPRA was established to promote and protect fundamental rights and freedoms in Saudi Arabia, including through promoting constitutional reforms. While ACPRA was never officially registered by the government, it was formally banned as an organization and dissolved by court order in 2013. As of May 2016, all of its 11 members had been sentenced by the Specialized Criminal Court (SCC) to lengthy prison sentences ranging between seven and 15 years for their human rights activism and cooperation with the United Nations human rights mechanisms.

In light of the above, we, the undersigned organisations, reiterate our call on the Saudi authorities to immediately and unconditionally release Mohammed al-Qahtani and other imprisoned members of ACPRA who are arbitrarily detained solely for their peaceful activism. In the interim, we call on the authorities to disclose the fate and whereabouts of Mohammed al-Qahtani, ensure immediate contact with his family, and provide him with any medical care he may need. Saudi Arabia should ensure a free and enabling environment for all human rights defenders, in order for them to carry out their activities without fear of reprisals and without undue restrictions.See also: https://www.trueheroesfilms.org/thedigest/laureates/78383825-0b3f-4bca-883a-b81e1baecd09

Among the co-founding members of ACPRA, five remain imprisoned today: Dr Mohammed al-Qahtani (sentenced to 10 years in prison followed by a 10-year travel ban. He completed his sentence in November 2022, yet remains in detention incommunicado); Mohammed al-Bajadi (sentenced to four years in prison, four years of suspension followed by a 10-year travel ban, and currently detained since May 2018); Abdulaziz al-Shubaili (sentenced to eight years in prison followed by an eight-year travel ban); Fowzan al-Harbi (sentenced to 10 years in prison followed by a 10-year travel ban); Essa al-Hamid (sentenced to 11 years in prison, followed by an 11-year travel ban). Sheikh Sulaiman al-Rashudi (sentenced to 15 years in prison and a 15-year travel ban. He was released in April 2018 for medical reasons; Abdulkarim al-Khodr (sentenced to 10 years in prison, followed by a 10-year travel ban. He was released in January 2023 upon the completion of his sentence but remains subject to the travel ban);  Abdulrahman al-Hamid sentenced to 9 years in prison, followed by a 9-year travel ban. He was released in January 2023 upon the completion of his sentence but remains subject to a travel ban); Dr Abdullah al-Hamid (sentenced to 11 years in prison followed by an 11-year travel ban), passed away on 23 April 2020 in custody. Abdullah al-Hamid and Mohammed al-Qahtani, alongside Waleed Abu al-Khair, have received the Right Livelihood Award in November 2018.

Signatories:

  • MENA Rights Group
  • Right Livelihood
  • ALQST
  • International Service for Human Rights (ISHR)
  • Americans for Democracy & Human Rights in Bahrain (ADHRB)
  • European Center for Democracy and Human Rights (ECDHR)
  • European Saudi Organization for Human Rights (ESOHR)
  • Freedom Initiative
  • Human Rights Foundation (HRF)
  • HuMENA for Human Rights and Civic Engagement
  • Gulf Centre for Human Rights (GCHR)
  • Amnesty International
  • International Federation for Human Rights (FIDH), in the framework of the Observatory for the Protection of Human Rights Defenders
  • World Organisation Against Torture (OMCT), in the framework of the Observatory for the Protection of Human Rights Defenders
  • Democracy for the Arab World Now (DAWN)
  • Human Rights First
  • Action des Chrétiens pour l’abolition de la torture (ACAT France)

See the full Joint Statement here.

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NGOs demand adequate medical treatment and access to Abdulhadi Al-Khawaja in Bahrain

May 25, 2023

14 NGOs call on Bahrain to ensure that human rights defender Abdulhadi Al-Khawaja is allowed adequate medical treatment, as well as the right to access and respond to allegations made by the Government of Bahrain in a response to a UN communication.

In a joint communication made public on 4 May 2023, six UN experts – including the Special Rapporteur on the situation of human rights defenders, Mary Lawlor, and the Vice-Chair of the Working Group on Arbitrary Detention, Mumba Malila – expressed their utmost concern at the continued arbitrary detention of human rights defender Mr. Al-Khawaja. He is a widely recognised HRD, see: https://www.trueheroesfilms.org/thedigest/laureates/4d45e316-c636-4d02-852d-7bfc2b08b78d

The UN communication addresses troubling allegations of torture, ill treatment and poor prison conditions of Mr. Al-Khawaja, including intimidation, restriction of communication with family, deprivation of basic rights, including his inability to give power of attorney to his lawyer in court, as required, shackling of hands, despite doctors’ orders to the contrary, as well as fabrication of cases against him and other political prisoners in Bahrain.

The UN communication was sent to the Government of Bahrain on 17 February 2023 and remained confidential for 60 days, as is UN protocol. The Government of Bahrain replied to the six UN experts on 17 April 2023, which was recently translated and made publicly available.

The Government of Bahrain’s response denies that Mr. Al-Khawaja has been subject to torture. This is contradicted by findings from the Bahrain Independent Commission of Inquiry (BICI), which was established by the King of Bahrain and medically documented that Al-Khawaja was subjected to torture and sexually assaulted by security forces in 2011. Furthermore, the Government of Bahrain’s response fails to adequately recognize Mr. Al-Khawaja as a human rights defender or acknowledge the arbitrary nature of his detention.

On more than one occasion, Mr. Al-Khawaja attempted to receive information over the phone about the nature of the UN communication, including the Government of Bahrain’s response, but the calls were systematically cut by the authorities. Therefore, Mr. Al-Khawaja officially requested through his lawyer that he be allowed a hard copy of the mentioned documents. The signatories call on Bahrain to ensure that the request is honored.

In addition, Mr. Al-Khawaja has continued to be repeatedly denied access to a cardiologist, as well as other appointments with relevant doctors, despite being at risk of a heart attack or stroke at any time. As recently as the past two weeks, Mr. Al-Khawaja was denied two medical appointments, the most recent being on Thursday 11 May 2023.

Since 9 May 2023, Mr. Al-Khawaja has protested in the yard of Jaw Prison on a daily basis holding up two signs in front of the CCTV cameras stating “Treatment prevention is slow systematic killing” and “You commit torture and prevent treatment” in order for him and his fellow prisoners of conscience to be allowed his necessary medical appointments. He informed his family on 14 May 2023 that he has suspended his protest temporarily due to promises made by the prison administration to improve conditions and allow access to adequate treatment.

The signatories call on the Government of Bahrain to:

  1. Immediately and unconditionally release human rights defender Abdulhadi Al-Khawaja, as well as all other prisoners of conscience.
  2. Ensure that Abdulhadi Al-Khawaja is taken to the necessary medical appointments for diagnostics and treatment.
  3. Ensure that Abdulhadi Al-Khawaja obtains the requested documents related to the UN communication and that he is allowed a written response.

Signatories:

  • The #FreeAlKhawaja Campaign
  • Gulf Centre for Human Rights (GCHR)
  • Americans for Democracy & Human Rights in Bahrain (ADHRB)
  • European Center for Democracy and Human Rights (ECDHR)
  • CIVICUS
  • Global Citizen
  • Rafto Foundation for Human Rights
  • Danish PEN
  • The Martin Ennals Foundation
  • IFEX
  • Bahrain Institute for Rights and Democracy (BIRD)
  • Front Line Defenders
  • DIGNITY – Danish Institute Against Torture
  • Freedom House
https://www.rafto.no/en/news/joint-statement?utm_source=Rafto+Newsletter&utm_campaign=d551fe4c71-EMAIL_CAMPAIGN_2023_03_10_12_21_COPY_01&utm_medium=email&utm_term=0_-c210dc7357-%5BLIST_EMAIL_ID%5D

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HRC52: CIVIL SOCIETY PRESENTS KEY TAKEAWAYS FROM HUMAN RIGHTS COUNCIL

May 9, 2023

With quite a bit of delay I reproduce here the rsults of the 52nd session of the UN Human Rights Council. [see: https://humanrightsdefenders.blog/2023/03/02/human-rights-defenders-at-the-52nd-session-of-the-un-human-rights-council/].

  • The 52nd regular session of the Human Rights Council (HRC52) was held from Monday 27th February to Tuesday 4th April 2023.
  • On 7 March, the UN High Commissioner for Human Rights, Mr. Volker Türk presented an oral update on the human rights situation around the world. In his intervention, the High Commissioner referred to several situations around the world that raise human rights concerns and highlighted several developments. During the session, the High Commissioner also provided oral updates on Nicaragua and on Sudan on March 3,  on the Bolivarian Republic of Venezuela on March 21, on the Democratic Republic of the Congo on March 30, and on Ukraine on March 31. These oral updates given by the High Commissioner provided the basis for the general debate under Item 2 on 7th and 8th March.
  • Ten new Special Procedures mandate-holders were appointed to the following mandates: the Special Rapporteur on the situation of human rights in the Russian Federation, the Special Rapporteur on the right to development, one member to the Working Group of Experts on People of African Descent (from Asia-Pacific States), four members to the Expert Mechanism on the Right to Development (one member from African States, one from Asia-Pacific States, one from Eastern European States and one from Western European and other States), two members to the Expert Mechanism on the Rights of Indigenous Peoples (one from Asia and one from the Arctic), and one member to the Working Group on Enforced or Involuntary Disappearances (one member from Latin American and Caribbean States).
  • 43 texts (all resolutions) were considered by the Council. This represents a 23% increase in the number of adopted texts compared to one-year prior (HRC49). Of the 43 adopted texts, 28 were adopted by consensus (65%) and 15 by a recorded vote (35%).
  • After adopting 43 resolutions, the Council extended the mandates of nine thematic mandate-holders (i.e., adequate housing, foreign debt, freedom of opinion and expression, human rights defenders, migrants, minority issues, racism, sale and sexual exploitation of children, and torture), and nine country mandate-holders (i.e., Belarus, Democratic People’s Republic of Korea, the Islamic Republic of Iran, Mali, Myanmar, Nicaragua, South Sudan, Syrian Arab Republic, and Ukraine).

16 NGOs made a joint analysis:

That this Council has chosen to blatantly ignore the findings of the Fact Finding Mission (FFM) on Libya and end its mandate at a time when crimes against humanity are being perpetrated, with no sign of abating, is shocking. That it is set to replace it with a capacity-building resolution, with no ongoing monitoring and investigative component, is shameful. It sends a to message to abusive militias and armed groups that they can continue to perpetrate crimes under international law without fear of consequences. These crimes include arbitrary detention, murder, rape, enslavement, sexual enslavement, extrajudicial killing and enforced disappearance in detentions, and increasingly, repressive measures against civic groups.  David Yambio, a co-founder and speaker of the self-organized protest movement Refugees in Libya and a refugee in Libya who was forcibly conscripted by the RADA militias, and sent to war fronts, asked UN Member States in his statement before the Council, if the mandate of the FFM on Libya is discontinued who will document the violations in Libya, including against migrants, and how will the victims find justice and accountability.  Instead of appeasing unaccountable warlords and officials, the Council should let victims of violations in Libya and their loved ones know that they matter, and that committing a crime comes at a cost because no one is above the law. As a matter of priority, as per the FFM’s recommendations, the Council should establish an independent international investigative mechanism and an OHCHR established autonomous mechanism to monitor and report on gross human rights violations. See also: https://www.hrw.org/news/2023/04/07/weak-un-resolution-libya-exposes-eu-bias

We are deeply concerned by the push to undermine language on gender based discrimination and violence evidenced by the amendments tabled to replace gender with sex, or gender responsive with gender sensitive, across resolutions. This is a continuation of the trend at HRC sessions to deliberately use disinformation to attack gender equality and measures to address gender based discrimination. We remind States of their obligation to prevent and eliminate gender based discrimination and violence, it is not optional and should not be reduced in its scope. We are also deeply concerned by the attempts by some States to question the fact that a clean, healthy and sustainable environment is a universal human right, despite the recognition of this right by both the HRC and the UNGA, and in the context of the triple planetary crisis and the strong demands for environmental justice across the world. We are equally concerned about growing and coordinated efforts to undermine or outright delete standard language on the need for a ‘human rights based approach’ to development and other rights agendas, offering as a subpar substitute undefined and duplicative concepts such as a ‘people-centered approach.’ 

We welcome the adoption of the resolution on the human right to a clean, healthy and sustainable environment. The fact that all tabled amendments were massively rejected and that no State eventually called for a vote shows how much this right is important for the work of the HRC and for the international community as a whole.

We welcome the resolution on the contribution of the Human Rights Council with regard to the human rights implications of drug policy, which comes at a critical time, as States prepare for next year’s mid-term review of the 2019 political declaration. It underlines the role of the Human Rights Council, as the UN’s premier human rights body, in contributing to human rights strengthening throughout the UN system.  We welcome that the resolution promotes an approach centered on human rights and public health, including harm reduction, and that some of the amendments tabled to weaken this approach were rejected, but we regret that other amendments aimed at continuing a harmful and punitive approach to drugs were adopted. We now call on States to ensure that they comply with their human rights obligations in the design and implementation of drug policies.

Civil society participation is a cornerstone of the HRC. It brings voices from local communities and organisations who can effectively inform the HRC of human rights priorities and needs on the ground. Yet the special emergency measures and ongoing budget constraints adopted by the HRC in 2019, 2020, 2021 and 2022, coupled with measures adopted to respond to the Covid-19 crisis, and the ongoing Strategic Heritage Plan, have heavily restricted civil society participation at the HRC. We appreciate the reinstatement of side events and request that the Council continues to work with UNOG and New York to ensure that side events are kept in place amidst the implementation of the Strategic Heritage Plan. We reiterate our calls on the HRC to maintain hybrid modalities (remote participation in all debates and informal consultations) for all Observers of the HRC (States and civil society organisations with ECOSOC status), as complementary to in-person participation; to reinstate General Debates in June sessions and maintain them unrestricted; and to ensure that efficiency is not prioritised over effectiveness, expertise and inclusiveness, including by addressing the chronic underfunding of the UN’s human rights pillar. Furthermore, civil society must be able to access and communicate with the HRC freely and safely. They should not be intimidated nor suffer reprisals related to that engagement.

We welcome the renewal of the mandate of the Special Rapporteur on Human Rights Defenders. Coinciding with the 25th anniversary of the Declaration on HRDs and the 75th anniversary of the Universal Declaration of Human Rights, this reflects that the unhindered work of defenders is integral to the realisation of all human rights for all people, particularly those who have suffered discrimination or repression.

We welcome the renewal of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, on the thirty-year anniversary of the creation of the mandate. Over 30 years, the mandate has played an essential role in creating a robust set of international standards and shaping how we understand the right to freedom of expression in the digital age, as well as responding to violations and helping ensure accountability and justice.

We welcome the renewal of the mandate of the Special Rapporteur on the sale, sexual exploitation and sexual abuse of children. We welcome the change in the title of the mandate in line with the Luxembourg Guidelines and the inclusion of children among the stakeholders the mandate should consult with.

We welcome the resolution on the situation of human rights in Belarus in the run-up to the 2020 presidential election and in its aftermath, given the strong report of the High Commissioner following the OHCHR examination of the human rights situation in Belarus, and the need to renew the mandate of the mechanism. However, we express disappointment that the call of Belarusian and international organisations to establish an independent investigative mechanism went unheeded.

We welcome the adoption by consensus of the resolution on the situation of human rights in the Democratic People’s Republic of Korea (DPRK) which renews the mandates of the Special Rapporteur and the OHCHR Seoul office, which are key avenues for accountability for victims and survivors. The consensus adoption demonstrates the isolation of the North Korean government and the universal condemnation of its grave violations of the human rights of its people. States should support efforts to document and preserve evidence of crimes for future prosecutions, and explore other pathways to bring to account those responsible for serious international crimes committed in North Korea.

We welcome the resolution on cooperation with Georgia, however we strongly urge Georgia to remain focused on addressing the human rights challenges in the territory within its control, not just in the Georgian territories of Abkhazia and the Tskhinvali region/South Ossetia.

While we welcome the resolution on technical assistance in Haiti, we regret that the Human Rights Council took years before putting Haiti back on its agenda.  Since the discontinuation of the independent expert in March 2017, the human rights situation in Haiti has deteriorated rapidly. The security crisis has exacerbated inequalities and has pushed thousands of Haitians to be forcibly displaced. This situation has been noted by the report of the OHCHR of February 2023 and by the High Commissioner himself after his official visit earlier this year. We also welcome that the resolution envisages the creation of an Office of the High Commissioner in the future.

We welcome the adoption of the resolution on the situation of human rights in the Islamic Republic of Iran, and the change of approach from a purely procedural resolution merely renewing the mandate of the UN Special Rapporteur on human rights in Iran to a more substantial resolution addressing some of the key issues of concern, including violations committed in the context of the repression of recent protests, violations of the rights of women and girls and of minorities, illegal use of the death penalty and persistent impunity for violations of human rights. For the first time ever, the HRC has adopted a resolution, through which it collectively expresses alarm at these “widespread, repeated and persistent” violations and urges Iranian authorities to take action on them. We also welcome the increased support from States from all regions to this resolution, and we note with appreciation that opposition to the renewal of the mandate has significantly decreased at this session, reflecting growing concerns with the situation of human rights in Iran since the repression of the protests started in September 2022 following the custodial death of Jina Mahsa Amini.  

We welcome the resolution on the situation of human rights in Myanmar maintaining the situation high on the agenda of the HRC and reaffirming the Council’s collective condemnation of the grave violations and abuses of international human rights and humanitarian law in the country. However, we regret that despite clear, repeated calls by the Special Rapporteur and civil society, the Council once again failed to call for a comprehensive arms embargo on Myanmar to prevent the ongoing violations, especially indiscriminate airstrikes on civilians and civilian infrastructure.

We welcome the resolution on the promotion and protection of human rights in Nicaragua that consolidates and extends for two years the mandates of the Group of Human Rights Experts and the OHCHR, with a new emphasis on violence against Indigenous Peoples and Afrodescendants, those forcibly displaced and striped of nationality, and reprisals, including against EMRIP member Anexa Cuningham. The exceptional two-year extension is a sheer reflection of the sustained worsening and gravity of the country’s human rights crisis – where the Group of Experts found crimes against humanity -, fueled by the government’s unprecedented lack of engagement with the UN system. The Group of Experts will be able to deepen its investigation, further identify perpetrators, and preserve evidence for justice processes.

We welcome the resolution on the situation of human rights in Ukraine stemming from the Russian aggression. The report of the Independent International Commission of Inquiry (COI) was clear: war crimes are being committed in Ukraine and the patterns of serious violations suggest other crimes are likely being committed as well, including crimes against humanity. Given the need for further investigation, the HRC is right to mandate the COI for a further year.

We welcome the renewal of the mandate of the Commission of Inquiry on Syria and call on the Council to continue to support scrutiny and accountability for gross human rights violations committed in Syria. We welcome the language in the resolution in support of the establishment of an international mechanism for the missing in Syria, and we call on UN Member States to support the creation of such an institution at the General Assembly.

We welcome the adoption of a resolution that further extends the mandate of the Commission on Human Rights in South Sudan. Such a mechanism remains vital as the conditions that prompted the Council to establish the Commission, in 2016, have not significantly changed to warrant less scru­tiny. Regarding this and other country situations, the Council should stand steadfast in support of accountability for grave violations. We stress that a purely technical assistance and capacity-building focus would be unsui­table to tackle South Sudan’s serious human rights challenges and would risk further emboldening those who perpetrate the most serious crimes.

We regret that the Council failed to respond adequately to several human rights situations including Algeria, China, Egypt, India, and Saudi Arabia.

We regret that the Council failed to respond to the situation in Algeria. Since the beginning of the Hirak pro-democracy movement in Algeria, more than 5500 Algerians have been prosecuted for exercising their fundamental rights and freedoms. According to the documentation of activists in the country, more than 70% of the people detained are in pre-trial detention. In the context of heightening repression against activists and closure of civic space, more than 500 individuals are prosecuted on the basis of so-called terrorism charges pursuant to the 2021 amended article 87 bis of the penal code. Between 2022 and 2023, four Algerians were condemned to lengthy prison sentences ranging between 10 and 15 years on the basis of this article. UN Special Procedures have continued to address the situation in Algeria, regarding the increased use by the authorities of ‘national security laws to prosecute people who exercise their rights to freedoms of opinion and expression, and peaceful assembly and association’ and raise ‘alarm at the extent of crackdown on dissent in Algeria’. In her statement on 22 February 2023, Special Rapporteur on human rights defenders addressed the dissolution of two leading human rights associations, and said “acts of intimidation, silencing and repression against the human rights movement must end”. Algeria, a member of the Council, is failing to cooperate with the Council and its mechanisms, including in the context of the UPR review where Algeria did not accept several important recommendations, especially with regards to amending the counter-terrorism law to meet international law requirements, to guarantee the protection of human rights defenders, and fundamental freedoms, including freedom of assembly and expression.

We regret the ongoing failure of the Council to respond meaningfully to the OHCHR Xinjiang report through a resolution on China. The Council’s ‘China exceptionalism’, facilitated by but by no means solely attributable to the OIC’s shameful double-standards, not only weakens its credibility but also undermines the confidence of victims and human rights defenders everywhere in its ability to respond to international crimes orchestrated by the most powerful governments. With a historic Urgent Action ruling by the CERD in November, countless Treaty Bodies recommendations, an OHCHR report, and three joint statements by over 40 Special Procedures experts, the UN system cannot be clearer: the crisis is severe, and so should be the Council’s response to it.

We regret that the Council failed to respond to the situation in Egypt. Egyptian and international civil society organisations have been calling on the  Council to adopt a resolution on the human rights situation in Egypt. The human rights situation in Egypt merits the Council’s attention according to the objective criteria which States from all regions have committed to apply on whether a situation merits the HRC’s attention. Yet, civil society’s request for HRC action at the 52nd session was declined. WHRD Sanaa Seif, sister of arbitrarily detained British-Egyptian human rights defender Alaa Abdel Fattah, came to the HRC to advocate for her brother’s release and the thousands others arbitrarily detained in Egypt. She told the Council “you can’t keep turning a blind eye on Egypt”, and urged the Council to address the human rights crisis in Egypt.

We regret that the Council once again failed to respond to the situation in India, despite the systematic rollback of fundamental freedoms, the rule of law and independent institutions as well as the ongoing harassment, intimidation and criminalisation of human rights defenders, journalists, and dissidents, and targeting of civil society organisations using national security and counter-terrorism infrastructure. The Council also has responsibility to take appropriate action to prevent potential atrocity crimes against minorities, especially Muslims, as a result of the increasing discrimination and incitement to violence often by Hindu nationalist leaders.

We regret that the Council failed to respond to the situation in Saudi Arabia, where the situation meets the objective criteria. According to ALQST’s 2022 annual report, the Saudi authorities continue patterns of abuse, including arbitrary arrests, severe jail sentences for peaceful, legitimate activity on social media, enforced disappearances, systemic gender discrimination, and harsh restrictions on prisoners of conscience released from prison, including travel bans, thus further deepening the climate of fear. We reiterate our call on the HRC to create a monitoring and reporting mechanism on the ever-deteriorating human rights situation in Saudi Arabia.

Signatories:

  1. ARTICLE 19
  2. Asian Forum for Human Rights and Development (FORUM-ASIA)
  3. Association for Progressive Communications (APC)
  4. Cairo Institute for Human Rights Studies (CIHRS)
  5. Child Rights Connect
  6. CIVICUS: World Alliance for Citizen Participation
  7. Commonwealth Human Rights Initiative (CHRI)
  8. DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
  9. Franciscans International
  10. Gulf Centre for Human Rights
  11. Impact Iran
  12. International Bar Association’s Human Rights Institute (IBAHRI)
  13. International Federation for Human Rights (FIDH)
  14. International Service for Human Rights
  15. Southern Africa Human Rights Defenders
  16. World Uyghur Congress

https://www.universal-rights.org/uncategorized/report-on-the-52nd-session-of-the-human-rights-council/

https://mailchi.mp/ishr/ishrs-human-rights-council-monitor-april2023?e=d1945ebb90

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10 Organisations Demand The Dropping Of Charges Against Journalist Nguyen Lan Thang in Viet Nam

April 13, 2023

On 11 April 2023 10 NGOs demanded the dropping of charges against journalist Nguyen Lan Thang and a fair trial by admitting observation.

Dear President Võ Văn Thưởng,

We are writing to express our concern about the ongoing persecution of Mr Nguyen Lan Thang, a journalist, and we demand that he be released immediately, and all charges dropped against him. Mr Nguyen Lan Thang is a victim of persecution by the Vietnamese government and has been criminally charged due to his work as a journalist. Mr Nguyen Lan Thang is one of many journalists and activists throughout the country who is facing ongoing persecution for reporting of the government of Viet Nam in a critical manner.

On 5 July 2022, Mr. Thang was arrested for “making, storing, distributing, or disseminating information, documents, and items against the State” under article 117 of the 2015 Criminal Code. He has been held in incommunicado detention in Hanoi’s Detention Centre No. 1 for more than seven months, during which time he was prohibited from meeting with his family members and legal counsel. After being arrested in July 2022, he did not meet his lawyer for the first time until 16 February 2023.

According to his lawyers, Mr. Thang will be tried on 12 April 2023 at a closed hearing at Hanoi’s People’s Court. Failing the dropping of charges and release of Mr Nguyen Lan Thang before the trial commences, we demand that his right to a fair trial be upheld, at least in part, by ensuring that media and the public may observe it, as is the obligation of the state of Viet Nam under the International Covenant on Civil and Political Rights (ICCPR).

The right to a public trial is guaranteed under Article 14 of the ICCPR with few exceptions. We understand that Mr Nguyen Lan Thang has been denied this human right. According to Article 14 of the ICCPR:

“the press and the public may be excluded from all or part of a trial for reasons of morals, public order (order public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgment rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.”

Paragraph 28 of General Comment No 32 of the Human Rights Committee clarifies that the importance of public hearings “ensures the transparency of proceedings and thus provides an important safeguard for the interest of the individual and of society at large”. The Committee has made clear in paragraph 29 that the special circumstances that allow exclusion of the press and public from a trial are “exceptional circumstances”, and otherwise a trial must be open to ensure transparency and assist in guaranteeing the human right to a fair trial.

Despite efforts to obtain further information on the charges and the rationale the court has adopted in excluding the press and public from the trial of Mr Nguyen Lan Thang, there is no information that we possess that indicates any exceptional circumstances exist that would allow the closed nature of this trial under international human rights law.

Accordingly, we demand that the right to fair trial is respected and that members of the public, the press, the United Nations, and the diplomatic community be allowed to monitor the proceedings. We call on the government of Viet Nam, including its courts, to uphold their international obligations and ensure the human rights of those within the justice system.

Yours sincerely,

  • Access Now
  • Amnesty International
  • ARTICLE 19
  • Asian Forum for Human Rights and Development (FORUM-ASIA)
    CIVICUS: World Alliance for Citizen Participation
  • Front Line Defenders
  • Human Rights Watch
    People In Need
  • The Project 88
  • Vietnamese Advocates for Change

See also: https://humanrightsdefenders.blog/2023/03/29/vietnam-should-drop-charges-against-human-rights-defender-truong-van-dung/

https://forum-asia.org/?p=38053

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Joint statement NGOs on 77th GA Third Committee

November 23, 2022

14 NGOs that closely follow and engage with the Third Committee have joined together to publish a joint statement on outcomes of this 77th session. The undersigned civil society organisations mark the conclusion of the UN General Assembly’s (GA) 77th Third Committee session with the following observations on some thematic and country-specific resolutions considered at this session. We urge all States to implement the commitments they have made in the resolutions discussed below to their full extent.

  • Joint statements

We welcome the joint statement on the human rights situation in Xinjiang, China delivered by Canada on behalf of a cross-regional group of 50 countries. This statement echoes the UN Human Rights Office’s independent, objective analysis and its findings which the UN’s human rights office determined may amount to crimes against humanity, and urges China to implement that report’s recommendations, in particular on enforced disappearance. There was an increase in State support compared to last year, signalling hope for future initiatives to debate the situation and support victims to secure accountability. Nonetheless, there is more work to ensure support from member states, in the EU and globally, as well as from Muslim-majority countries. 

We welcome the joint statement on reprisals led by Ireland and joined by a cross-regional group of countries, calling 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. We welcome that 80 States continued to sign on to the statement but urge more States to sign on to future such statements. See also: https://humanrightsdefenders.blog/2020/11/30/75-countries-join-statement-on-reprisals-at-the-third-committee-but-more-needed/

We welcome a resolution on the right to privacy in the digital age. The resolution integrates much of the progressive language seen in the most recent Human Rights Council version of the resolution, contending with new and persisting challenges for the right to privacy worldwide, with a particular focus on the impact on human rights defenders and journalists. However, the resolution missed an opportunity to make strong recommendations on the proliferation of private surveillance technologies, including spyware, which global experts are calling to ban or suspend through a moratorium. We call on future resolutions to contain stronger language on biometric technologies, particularly recognising that these technologies should never be used for mass surveillance of public spaces. 

We welcome the adoption of the resolution on Extrajudicial, summary or arbitrary executions by a vote which aims to uphold the right to life, liberty and security and acknowledges that impunity is a major contributor to executions. We welcome the new references to freedom of religion or belief, new technologies, institutions as places of custody, as well as strengthened language on the role of civil society and human rights defenders in the protection against arbitrary deprivation of life. We also welcome that the resolution once again highlighted the targeting (including killing) of specific groups of persons belonging to national or ethnic, religious and linguistic minorities, indigenous communities, human rights defenders, lawyers, journalists or demonstrators, or because of their sexual orientation or gender identity. Critically, we welcome the rejection by a vote of an oral amendment attempting to remove the reference to ‘sexual orientation and gender identity’ in that listing.

We welcome support by an overwhelming majority of States for the resolution on a moratorium on the use of the death penalty proposed by Australia and Costa Rica (on behalf of an Inter-Regional Task Force of States). A record number of 126 States voted in favour of the text (including Ghana, Liberia and Myanmar, after abstaining in the GA plenary in 2020), while 37 voted against and 24 abstained. The text reiterates calls made in previous resolutions, including to halt executions with the view to abolishing the death penalty. It also includes additions on the importance of transparency and access to information regarding the use of the death penalty and criminal prosecutions to identify discriminatory practices, the negative impact on the rights of children and youth whose parental caregivers face the death penalty, the need to ensure that trial leading to imposition of the death penalty complies with fair trial and non-discrimination guarantees, ensuring the death penalty is not applied on the basis of laws targeting individuals for exercising their human rights, the need to improve conditions in detention for those on trial for capital crimes or on death row, ensuring respect for their inherent dignity, and complying with international standards, in evaluating, promoting, protecting and improving their physical and mental health.  

We welcome the adoption of the resolution on Inclusive development for and with persons with disabilities, that newly calls for leadership and participation of persons with disabilities in disaster risk reduction, climate change adaptation and mitigation, and other climate change policies and programmes, as well as affordable and accessible internet, and continues to emphasize non-discrimination, accessibility and inclusion in the implementation of the 2030 Agenda, including for women and girls with disabilities. In particular, we welcome the request for the Secretary-General to report on participation of persons with disabilities in COVID-19 response and recovery, and on the implementation of the UN Disability Inclusion Strategy. We regret that despite wide support, language supporting the right to the enjoyment of the highest attainable standard of sexual and reproductive health of persons with disabilities, on an equal basis with others, was not included in the final resolution.

We welcome the adoption by consensus of the resolution on the Human rights treaty body system. We regret that States were not able to ‘welcome’, but merely ‘take note’ of the biennial report by the UN Secretary-General on the state of the treaty body system and the report of the most recent meeting of treaty body chairpersons. We urge all States to follow through with their reaffirmation in the resolution of the formula contained in General Assembly resolution 68/268, and allocate corresponding financial and human resources in the Fifth Committee that the treaty bodies require to function effectively.

Gender Issues

We welcome the adoption by consensus of the resolution on Child, Early and Forced Marriage (CEFM) presented by Canada and Zambia, and for the first time co-sponsored by 125 States, including several countries with high CEFM prevalence. We welcome new references to multiple and intersecting forms of discrimination, including in the context of climate change, conflict and poverty. We particularly welcome the call to Member States to address the root causes of gender inequality, gender stereotypes and negative social norms that underlie CEFM and for participatory and adequately funded measures to address the ongoing impacts of COVID-19 including school closures; the digital divide; uninterrupted access and funding for sexual and reproductive health-care services; adolescent-centered services; and redistribution of unpaid care and domestic work. We regret that despite significant support, references to comprehensive sexuality education and intimate partner violence were omitted. 

The resolution on Intensification of efforts to prevent and eliminate all forms of violence against women and girls, presented by Netherlands and France, was adopted by a vote for the second time. We welcome the text, focused this year on eliminating gender stereotypes and negative social norms. It included commitments to prevent and eliminate violence against all women, including intimate partner violence, femicide, commitments to protect, respect and fulfill all human rights, including sexual reproductive health and reproductive rights; recognize challenges and obstacles to eliminating discriminatory attitudes perpetuating multiple and intersecting forms of discrimination against women and girls; text on migrant and indigenous women and girls, racism, xenophobia, women human rights defenders, promoting young women and adolescents’ participation and leadership in decision making positions as well as full, effective, equal and meaningful participation of all women in all their diversity. Although we are encouraged by the rejection of 9 amendments presented by Guatemala, Egypt, Iraq, Libya, Nigeria, Russia, Saudi Arabia and Yemen, we regret that consensus was not achieved on a number of important commitments, that have been previously agreed, aiming to prevent and eliminate gender stereotypes and negative social norms and take multisectoral, effective and gender-responsive measures to prevent and eliminate all forms of violence. We are also dismayed that a vote was called on the reference to the Generation Equality Forum, an initiative with wide support from diverse stakeholders globally.

We welcome the adoption of the resolution on Intensifying global efforts for the elimination of female genital mutilation (FGM) presented by Burkina Faso (on behalf of African Group) which has not been fully opened up since 2018. The resolution failed to strengthen the most pertinent and pressing areas for preventing and eliminating FGM, especially in relation to health outcomes for girls, adolescents and women including the lack of inclusion on sexual and reproductive health, comprehensive sexuality education and  multiple and intersecting forms of discrimination. Despite this, we welcome language on the cross-border and transnational practice of FGM, an important component of FGM prevention and elimination.

The resolution on Intensifying efforts to end obstetric fistula presented by Senegal (on behalf of African Group) was a  technical rollover (with no substantive changes to the respective 2018 and 2020 texts) and adopted by consensus. Given the devastating impact of Obstetric fistula on women and girls, and the exacerbation of root causes due to climate change and the COVID-19 pandemic, we are disappointed about the missed opportunity to outline global, regional and national level efforts to end this tragedy by 2030, an integral component of achieving the Sustainable Development Goals. 

We welcome the adoption of the resolution on Trafficking in women and girls presented by the Philippines, which includes references to access to justice for victims, government commitments to eliminate, prevent and respond to all forms of violence against women and girls including trafficking, and the linkage between climate change and trafficking. While encouraged that the text maintained critical elements from previous years, we regret that it did not include: progressive references to gender transformative, survivor, victim-centred and trauma-informed approaches to anti-trafficking efforts; references to women and girls in all their diversity; comprehensive sexuality education; and recognition of the importance of full, equal and meaningful participation of women and girls in addressing trafficking. 

Country Situations

We welcome the adoption of the resolution on the human rights situation in the Islamic Republic of Iran, with 50 cosponsors by a vote of 79 (80) votes in favour (Panama voted after votes were locked), 28 against and 68 abstentions. We welcome new references expressing concern on the violent enforcement of the hijab and chastity law by the Iranian morality police, ‘widespread use of force against non-violent protestors’, the proposed bill on the use of firearms during protests, and calls to release persons participating in peaceful protests, to address poor conditions of prisons, and to implement the amendment to the Nationality Law, which gives Iranian women married to foreign nationals the right to request Iranian citizenship for their children under 18. We also welcome calls to end violations of the rights to freedom of expression and opinion including internet disruption practices, and the right to freedom of thought, conscience, religion or belief against recognized and unrecognised religious minorities, particularly Baha’is being subject to increased persecution, arrest, destruction and confiscation of property.  See more: https://humanrightsdefenders.blog/2022/11/23/un-human-rights-council-holds-special-session-on-iran-on-24-november/

We welcome the resolution on the situation of human rights in the Syrian Arab Republic, cosponsored by 32 Member States. The resolution references the wide range of human rights violations and abuses perpetrated in Syria, many of which may amount to war crimes and crimes against humanity. We particularly welcome the decision to take further actions on the issue of missing people in Syria, based on the SG’s recommendation in his report on the matter, and to include survivors and their families throughout the process. We call upon the Member States to implement the SG’s recommendation by establishing an International Mechanism to reveal the fate and whereabouts of the missing persons in Syria without further delay.  

We regret that the resolution on the situation of human rights of Rohingya Muslims and other minorities in Myanmar, which was adopted by consensus, does not reiterate key elements of the 2021 UNGA resolution which followed the military coup in February 2021. We regret that it fails to comprehensively address, condemn, and call for an end to ongoing and escalating human rights violations by the military, as described in detail by the Special Rapporteur on human rights in Myanmar. However, we acknowledge that language regarding the ongoing commission of rights violations against and protection needs of the Rohingya has been retained, and the expression of solidarity with the Rohingya made by Myanmar’s Permanent Representative.

We welcome the consensus adoption of the resolution on the human rights situation in the Democratic People’s Republic of Korea (DPRK). We welcome in particular the retention of a call for the UN Security Council to resume discussions on the human rights situation in the DPRK, supplemented with a call for the OHCHR to brief it. The Security Council held formal meetings annually on the human rights situation in the country in December from 2014-2017, however in December 2020 and 2021, the subject was discussed in closed consultations under ‘Any other Business’.

We welcome the adoption of the resolution on Human rights in the temporarily occupied Autonomous Republic of Crimea and the city of Sevastopol, Ukraine. We welcome in particular the resolution’s condemnation of the ‘unprecedented wave’ of violations that Russian forces have committed in Crimea following the February 2022 invasion of Ukraine, including  arbitrary detention, forcible transfers and enforced disappearances. We also welcome the call on Russia to cease violations and abuses including those within the framework of so-called filtration procedures and forcible transfers or deportation of Ukrainian children to Russia, and to lift discriminatory regulatory barriers prohibiting or limiting the activities of religious groups.

  • Civil society access

While we welcome the action by some States to welcome civil society organisations to join informals as observers this session, it was deeply disappointing that only a few States extended this invitation. This year, civil society again faced additional challenges in even keeping abreast of information regarding informal negotiations as information on informals taking place was once again not shared in the UN journal as it previously was. This year this information was only published on the e-deleGATE platform to which civil society has no access. These critical barriers to civil society access to Third Committee negotiations, deprive the Committee of civil society’s technical expertise and mean that its outcomes fail to leverage the contributions of a crucial stakeholder in promoting the implementation of human rights.

Access Now 

Amnesty International

Association for Progressive Communications 

Center for Reproductive Rights

Fòs Feminista, International Alliance for Sexual and Reproductive Health, Rights and Justice

Global Centre for the Responsibility to Protect

Global Justice Centre

Human Rights in China

Human Rights Watch

International Disability Alliance

International Service for Human Rights

Jacob Blaustein Institute for the Advancement of Human Rights

Outright Action International

Syrian Center for Media and Freedom of Expression (SCM)

https://ishr.ch/latest-updates/joint-civil-society-statement-on-the-outcomes-of-unga-77-third-committee/

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Call for an EU Visa framework for At-Risk Human Rights Defenders

September 24, 2022

ProtectDefenders.eu and the great many undersigned NGOs are convinced that with political will and clear guidelines, the EU can and should return to its political mandate in favour of human rights and human rights defenders, and lead on the implementation of concrete initiatives, good practises, and policy changes to ensure that at-risk human rights defenders can access European Union visas with guarantees, security, and predictability.

More specifically, they call on the EU stakeholders to:
i) propose a specific facilitated procedure for human rights defenders within the EU Visa Code, setting common criteria and defining the elements of a facilitated procedure;
ii) include instructions in the EU Visa Handbook on granting facilitations to HRDs and their family members,
iii) work towards amending the legal instruments on visas, particularly the Visa Code, and
iv) introduce amendments to the Temporary Protection Directive that allow temporary protection status in the EU to be granted to defenders at risk.


Furthermore, they call on the EU Member States to implement consistent policies and guidelines to recognise the right of human rights defenders to access visas; as well as to promote the exhaustive use of their current prerogatives to urgently guarantee access to visas for those facing severe threats and risks.


ProtectDefenders.eu is the European
Union Human Rights Defenders
mechanism, led by a Consortium of 12
NGOs active in the field of Human Rights:
• Asian Forum for Human Rights and
Development (FORUM-ASIA)
• DefendDefenders – East and Horn of Africa
Human Rights Defenders Project
• Euro-Mediterranean Foundation Of
Support To Human Rights Defenders
(EMHRF)
• ESCR-Net
• Front Line Defenders
• ILGA World
• Peace Brigades International
• Protection International
• Reporters Without Borders
• The International Federation for Human
Rights (FIDH)
• The World Organisation Against Torture
(OMCT)
• Urgent Action Fund for Women’s Human
Rights (UAF)
This initiative is supported by:
• AfricanDefenders
• Amnesty International
• Araminta
• Artist Protection Fund
• Artists at Risk (AR)
• Asociación Zehar-Errefuxiatuekin
• Brot für die Welt
• Cairo Institute for Human Rights Studies
• Center for Applied Human Rights (CAHR),
University of York
• Civil Rights Defenders
• Comissió Catalana d’Ajuda al Refugiat
(CCAR)
• Defenders in Dordrecht (DiD)
• Docip (Indigenous Peoples’ Center for
Documentation, Research and Information)
• European Center for Press and Media
Freedom (ECPMF)
• Fédération internationale des ACAT /
International Federation of ACAT (FIACAT)
• Freedom House
• Free Press Unlimited (FPU)
• Gulf Centre for Human Rights (GCHR)
• Hamburg Foundation for politically
persecuted persons
• Heinrich-Boell-Stiftung (hbs)
• Human Rights House Foundation (HRHF)
• Human Rights House Tbilisi
• Humanists International
• Iniciativa Mesoamericana de Mujeres
Defensoras de Derechos Humanos
• International Arts Rights Advisors (IARA)
• International Dalit Solidarity Network (IDSN)
• International Partnership for Human
Rights (IPHR)
• International Service for Human Rights
(ISHR)
• Justice & Peace
• Mundubat
• Open Society Foundations (OSF)
• PEN America’s Artists at Risk Connection (ARC)
• Pen International
• Réseau de Défenseurs des Droits Humains
de l’Afrique Centrale (REDHAC)
• Scholars at Risk
• Southern Africa Human Rights Defenders
Network
• Tbilisi Shelter City
• Un Ponte Per
• Unit for the Protection of Human Rights
Defenders of Guatemala

Click to access Visa4HRD-ProtectDefenders.eu-Joint-Statement.pdf

Visa for Defenders: International civil society organisations call for an effective and enabling EU Visa Framework for at-risk Human Rights Defenders

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Report on the 50th Session of the UN HRC

September 20, 2022

The following NGOs made a joint statement on the 50th session of the UN Human Rights Council:  International Service for Human Rights; Asian Forum for Human Rights and Development (FORUM-ASIA); ARTICLE 19; DefendDefenders (East and Horn of Africa Human Rights Defenders Project); CIVICUS: World Alliance for Citizen Participation; Commonwealth Human Rights Initiative (CHRI); International Bar Association’s Human Rights Institute (IBAHRI); The Global Interfaith Network (GIN SSOGIE NPC); World Uyghur Congress; Gulf Centre for Human Rights; Cairo Institute for Human Rights Studies; Child Rights Connect; Access Now; Association for Progressive Communications (APC); IFEX; Human Rights House Foundation; FIDH.

We welcome the resolution on discrimination against women and girls which focused on girls’ activism. This strong text regrettably faced a series of amendments which challenged the very notion of children, especially of girls and adolescents as rights holders, and sought to deny women and girls their agency.  The amendments are a continuation of a trend of hostile arguments and rhetoric on issues of gender, autonomy of women and girls and participation, which is coalescing and increasing in an alarming fashion. We are deeply concerned by the coordinated and targeted attacks against the rights of women, girls, LGBTIQ+ people and marginalized communities which aim at undermining sexual and reproductive rights and the right to bodily autonomy.  We are also concerned by recurrent attacks against children’s rights, which specifically question their right to participate and express their views freely and their rights as human rights defenders. We urge this Council to abide by its mandate to uphold the strongest human rights standards for all and to resist any retrogression that would have deep and harmful impact on those affected. 

We welcome the renewal of the mandate of the Independent Expert on violence and discrimination on the basis of sexual orientation and gender identity for the second time, and the successful opposition of 12 out of 13 hostile amendments presented. 1,256 non-governmental organisations from 149 States and territories in all regions supported a campaign to renew the mandate. This was the first time this Council explicitly condemned legislation that criminalises consensual same-sex conducts and diverse gender identities, and called on States to amend discriminatory legislation and combat violence on the grounds on SOGI. This renewal once again reaffirms this Council’s commitment to combating discrimination and violence on the grounds of SOGI.

We welcome the resolution on freedom of peaceful assembly and association, renewing the mandate of the Special Rapporteur. At a time when civic space urgently needs to be protected and defended, we welcome that the resolution addressed substantive concerns, including access to funding, which is increasingly an existential threat to civil society worldwide.

We welcome that the resolution on peaceful protest reiterates that protests are a fundamental aspect of participation in public affairs, and highlights that people from marginalized communities can be particularly vulnerable to unlawful use of force. We regret that language urging a landmark moratorium on surveillance technology that could be used to violate human rights during protests was lost during negotiations. Hostile amendments calling for obligations to be imposed on protest organisers were overwhelmingly rejected. We now call on states to ensure accountability for excessive use of force which has been all too prevalent in protests worldwide, and urge future resolutions to strengthen this core issue.

We welcome the new resolution on freedom of opinion of expression, which reiterates that this vital right is one of the essential foundations of democratic societies and an important indicator of the level of protection of other human rights and freedoms. We particularly welcome new guidance related to the theme of digital, media and information literacy, which enables the full enjoyment of the right to freedom of expression. However, we strongly encourage the core group to ensure that future iterations of the resolution address core challenges to the right to freedom of expression which have been overlooked, including criminal defamation laws and strategic lawsuits against public participation (SLAPPs).

We welcome the approval of the resolution on the independence and impartiality of the judiciary, jurors and assessors, and the independence of lawyers, its focus on participation of women in the administration of justice, and the enhanced gender approach. This is a timely and crucial focus for this Council.

We welcome the Council’s approval of the resolution on the  importance of casualty recording for the promotion and protection of human rights that reaffirms the importance of the right to truth and takes note of key international standards for accountability, such as the updated set of principles for the protection and promotion of human rights through action to combat impunity[1] and the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, and the Minnesota Protocol on the Investigation of Potentially Unlawful Death.

We welcome the resolution on human rights and the regulation of civilian acquisition, possession and use of firearms’ focus on business and human rights – which we hope will contribute to ensuring that States and manufacturers and dealers of firearms undertake participatory, gender-responsive human rights impacts assessments, and ensuring mandatory human rights due diligence (HRDD) requirements for the arms sector based on the UN Guiding Principles on Business and Human Rights. We regret that important notions of patterns of structural discrimination have been reduced to discrimination rooted in negative stereotypes.

We welcome  the urgent debate on women and girls in Afghanistan and urge the Council to ensure that it remains accessible and responds adequately to the demands and needs of women human rights defenders from the country. It is imperative that this Council continues to ensure access and engagement of women human rights defenders, women political leaders and survivors and takes all necessary measures to address and ensure accountability for gender apartheid in Afghanistan. While welcoming the resolution, we regret the lack of inclusion of NGO suggestions for more specific investigation and reporting operational language that would have mandated the High Commissioner to look into the specific situation of women and girls in Afghanistan. We strongly encourage that future resolutions regarding the situation address the core issue of accountability, which has been overlooked in resolutions passed by the Council to date.

We welcome the latest resolution on Belarus, which extended the mandate of the Special Rapporteur. Since the previous version of this resolution was passed at HRC47, the human rights situation in Belarus has significantly deteriorated, with all independent human rights organisations in Belarus forcibly liquidated, and many human rights defenders indefinitely detained or imprisoned.

We welcome the extension of the mandate of the Special Rapporteur on Eritrea, who plays an essential role in documenting violations Eritrean authorities commit at home and abroad. We stress the need for the HRC to adopt resolutions that fully reflect the situation in the country and fully describe and condemn violations.

The United Nations Fact-Finding Mission on Libya (FFM)  presented their latest report to the UN Human Rights Council only  days after protestors in Libya stormed the countries parliament and other government buildings.   Their report details gross human rights violations committed by armed groups and government forces throughout the country, including allegations of crimes against humanity and war crimes.   Despite these findings the UN Human Rights Council has  adopted a resolution drafted by Libya that only allows the investigation to continue for a  “final, non-extendable period of nine months.” NGOs have called on states to ensure that UN monitoring is maintained as long as gross human rights violations and abuses continue to be carried out in Libya with impunity.  By creating an abbreviated operational time frame and pre-emptively dismissing the possibility of renewing the FFMs mandate – the resolution adopted by this Council sends a dangerous message to armed groups in the country that the international community lacks the will to ensure a  sustained and serious accountability process. For these reasons, and in light of recent events in Libya,  we urge member states of the Human Rights Council to  work to ensure the  FFM is preserved or an alternative mechanism is created that will sufficiently respond to the long-standing and urgent need to protect victims and end impunity in Libya beyond March 2023. Failure to do so will only encourage more violence and hamper efforts to ensure a sustainable peace.

We note the approval of the resolution on the situation of human rights of Rohingya Muslims and other minorities in Myanmar. Rohingyas and other minorities in Myanmar continue to be victims of gross human rights violations, including crimes under international law, and it is important their plight  remains at the centre of this Council’s attention. We regret however that the resolution fails to recognise the gravity of the situation on the ground and calls for the immediate “voluntary” return of Rohingya to Myanmar despite the complete absence of the conditions for safe, voluntary, dignified and sustainable return in the country, as confirmed by the UN Special Rapporteur on Myanmar.

We welcome the report of the Commission of Inquiry (CoI) which emphasized Israel’s systematic discrimination, and stressed its strategic geographic, social and political fragmentation of the Palestinian people. The report addressed the lack of accountability and compliance with recommendations made by previous UN bodies, including commissions of inquiry and fact-finding missions, addressing the failure of third States to uphold their obligations under international law. In the interactive dialogue, the CoI responded to the joint statement by the United States of America questioning the validity of the CoI mandate, by exposing the double standards when it comes to holding Israel accountable. Commissioners also reiterated the overwhelming support for the mandate, including during the interactive dialogue. We call on States to continue to support this important accountability mechanism and ensure the CoI has sufficient resources to discharge its mandate.

The outcome on Sudan that was achieved at this session is the best possible outcome that could be achieved by consensus. As the de facto authorities and security forces continue to kill protesters peacefully demanding civilian rule, however, consensus cannot be the Council’s only guide. We stress the need for long-term scrutiny of Sudan, beyond what resolution 50/L.14/Rev.1 has requested. The Council should keep all options on the table to expose and respond to the situation.

We regret that the Council failed to respond to several human rights situations.

In Cameroon, as the crisis in the North-West and South-West regions continues, with violations committed by all sides, including recently unspeakable atrocities committed by armed separatists, and grave violations continue to be reported in the Far North and in the rest of the country, particularly against independent and opposition voices, it is essential for the Council to follow up on its joint statement of March 2019. This is all the more important since both the African Union and the UN Security Council have been silent on what remains one of the most serious human rights crises on the African continent.

We welcome the joint statement by 47 States expressing serious concern at the human rights situation in China, including in the Uyghur region (Xinjiang), Hong Kong and Tibet, and echo the call for the prompt release of the High Commissioner’s long-overdue report on the serious violations in Xinjiang. The High Commissioner, or her successor, should present her report upon release in an intersessional briefing to the Human Rights Council. 42 Special Procedures experts have also reiterated their call for the creation of a UN-mandated mechanism to ‘monitor, analyse and report annually on the human rights situation in China’, underlining the importance for the credibility of the UN system to ‘ensure a consistent UN approach to all States.’ In its September session, the Council should take action on the basis of objective information from the UN system – namely the OHCHR Xinjiang report, Special Procedures concerns, and the upcoming Concluding Observations of the Human Rights Committee’s ongoing review of Hong Kong – with a view to establish a space for formal discussion of the human rights situation in China. 

The continued silence of this Council on the critical human rights situation in Egypt is of great concern.  As Egypt prepares to host COP 27 it continues to carry out  widespread and systematic violations of human rights, including freedom of expression and freedom of assembly and association. Almost all independent media has been forced to shut down or threatened into silence.  100s of websites continue to be banned.  Thousands of civil society and media representatives have been and continue to be  disappeared, tortured and/or arbitrarily detained under the pretence of counter-terrorism and national security. This includes well known blogger and democracy activist Alaa Abdel Fattah – recently  sentenced to an additional 5 years in prison by an exceptional court.  His crime?  Advocating for democracy and rights.  He is currently approaching day 100 of a hunger strike. We urge this Council and its Special Procedures to take action to protect and ensure the release of Mr. Fattah and the thousands of others like him in Egypt.  

There have been strong calls from international and Russian civil society for Russia to be on the formal agenda of the Human Rights Council since the beginning of 2021.  A recent further intensification of human rights violations in Russia has led to calls for the HRC to mandate a Special Rapporteur on the situation of human rights in the Russian Federation. While the joint statement signed by nearly 50 delegations at HRC50 was important, the situation now demands stronger action and we will be looking for the HRC to take action at the next session.

See also: July 11, 2022 Blog, Blog, Uncategorized, URG Human Rights Council Reports

https://ishr.ch/latest-updates/hrc50-civil-society-presents-key-takeaways-from-human-rights-council/

https://www.universal-rights.org/blog/report-on-the-50th-session-of-the-human-rights-council/

Posted in human rights, Human Rights Council, Human Rights Defenders | 1 Comment »
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Enforced disappearances in China

August 31, 2022

On 30 August, 2022, the International Day of the Disappeared, the international community must recognize and respond to the widespread use of enforced disappearances in the People’s Republic of China, say an impressive group of NGOs (see list a the end):  

Just over five years ago, on 13 August 2017, human rights lawyer Gao Zhisheng vanished for the third time. Gao, praised as the ‘Conscience of China’, had long fought for the rights of those who dared to speak out, who belonged to religious minorities, who were evicted from their homes when their land was seized, or who protested against exploitation. For that, he was in and out of prison and separated from his family for nearly a decade. For more than five years, his wife and children have had no idea of his whereabouts, nor even if he is alive. [see: https://www.trueheroesfilms.org/thedigest/laureates/33C77656-F58B-454E-B4C7-E1775C954F14]

Gao Zhisheng’s case is severe, and yet represents only the tip of the iceberg: many other activists and lawyers face a similar fate, such as Tang Jitian, disappeared in 2021, tortured, and detained in a secret location. UN experts, including the Working Group on enforced disappearance, have sounded the alarm from as early as 2011 about the use of enforced disappearances against those taking part in China’s human rights movement. It is used to silence those promoting rights and freedoms, to enable acts of torture and ill-treatment without any oversight, and to send a chilling message to any person who may dare to criticize the government. 

The UN Secretary-General Antonio Guterres echoed this when he reminded the international community that enforced disappearance is a ‘method of repression, terror, and stifling dissent’. Relatives – themselves also victims of this crime– are deprived of their right to justice, and to know the truth, constituting a form of cruel and inhumane treatment for the immediate family. 

But no matter how powerful a country is, no matter what security challenges (real or perceived) they may face, the experts rightfully emphasize: ‘There can never be an excuse to disappear people.’ Enforced disappearances are strictly prohibited under international law under any circumstances, and may constitute a crime against humanity when committed as part of a widespread or systematic attack against any civilian population. 

The Chinese government continues to ignore calls for it to ratify the International Convention for the Protection of All Persons from Enforced Disappearance. It has disregarded requests for over nine years by the UN’s Working Group on Enforced and Involuntary Disappearances to visit the country, including its most recent on 7 January 2022. In the meantime, the number of cases of individuals disappeared presented before the Working Group soared, reaching 214 by 2021, out of which 98 remain outstanding. 

It is urgent that the UN, governments, and civil society worldwide press China to end, unequivocally, all forms of enforced disappearance. 

UN experts and civil society actors have documented many practices used by the Chinese authorities amounting to enforced disappearance. Some are written into Chinese law, or Chinese Communist Party guidance; others happen outside the scope of China’s own laws.  Some target individuals for their actions or speech; others are wielded with the intent to terrorize a particular ethnic or religious community. 

Residential Surveillance at a Designated Locations (RSDL)

‘Residential Surveillance at a Designated Location’  is allowed for in China’s Criminal Procedure Law, and authorizes holding someone in custody – prior to arrest – for up to six months in an undisclosed location. This ‘location’ is unofficial, selected at the discretion of the police, and the individual is isolated in solitary confinement without access to family, counsel or options to appeal the measure. This is especially true for those activists and dissidents accused of ‘national security crimes’. Incomplete government data admits to use of RSDL in some 23,700 instances, but civil society estimates that for the period 2013 to 2021, the real figure is closer to 85,000, with increased use over time. The practice continues despite having been condemned by UN experts as ‘a form of enforced disappearance’ that ‘may per se amount to cruel, inhuman or degrading treatment or punishment, or even torture.’ The experts’ assessment is clear: RSDL must be repealed. [see also: https://humanrightsdefenders.blog/2022/02/05/chinas-residential-surveillance-at-a-designated-location-needs-to-disappear/]

Liuzhi system 

The liuzhi (留置) extralegal detention system mimics the practice of RSDL, but is used to specifically punish any public servant or Chinese Communist Party (CCP) member who allegedly ‘violates duties’ or commits ‘economic crimes,’ potentially reaching nearly 300 million victims.  As with RSDL, liuzhi detentions can last up to six months, holding victims incommunicado and in solitary confinement at undisclosed locations. Yet, detentions are outside the scope of China’s laws, including the Criminal Procedure Law, as liuzhi is not part of the criminal justice system. Instead, it is run by China’s powerful extra-judicial anti-graft watchdog, the National Supervision Commission (NSC), a quasi-state body answerable only to the CCP. Legal safeguards, including the right to legal counsel, do not apply to individuals investigated under liuzhi, until and unless their case is sent for criminal prosecution. Incomplete official data acknowledges 11,000 individuals held under liuzhi; civil society estimates actual figures to surpass 57,000 disappeared victims. UN experts addressed a general allegation on this issue to China in September 2019.

Psychiatric incarceration (ankang)

Since the 1980s, China’s Ministry of Public Security has locked up individuals targeted for their political and religious beliefs in psychiatric hospitals for the criminally insane, known as ankang (安康) (‘peace and health’). Despite legal reforms, police continue to send human rights defenders for compulsory treatment without medical justification in both ankang facilities, and psychiatric hospitals for the general public. Civil society data indicates this is a regular, large-scale practice, where victims are denied contact with the outside world and often subjected to torture and ill-treatment, while families are not informed about their relatives’ forced hospitalization.

Enforced disappearance in Tibet

The Chinese authorities continue to disappear Tibetans, including religious leaders, critics and influential thinkers, subjecting them to torture and ill-treatment, and employing the threat of disappearance to instill widespread fear across Tibet.  In February 2022, six UN experts raised concern over the physical well-being of Tibetan musician Lhundrup Drakpa, writer Lobsang Lhundrub, and school teacher Rinchen Kyi, arrested and disappeared ‘in connection with their cultural activities in favour of the Tibetan minority language and culture.’ In July 2021, four UN experts expressed similar concern over the enforced disappearance of Rinchen Tsultrim and Go Sherab Gyatso, pointing to a ‘worrying pattern of arbitrary and incommunicado detentions (…) against the Tibetan religious minority, some of them amounting to enforced disappearances.’ 

The 11th Panchen Lama, Gedhun Choekyi Nyima, one of the most important Tibetan Buddhist leaders, was disappeared in 1995 at the age of six. The Chinese government continues to ignore calls for his release, UN experts’ concerns, or the UN child rights committee’s request for access to establish his whereabouts and health.

Enforced disappearance in the Uyghur region 

Beginning in 2017 in the Xinjiang Uyghur Autonomous Region (XUAR, or Uyghur Region), Uyghurs and Turkic Muslims have been detained incommunicado by Chinese government officials in internment camps, forced labor facilities, official prisons where they serve lengthy sentences, and other facilities where they are at risk of being subject to forced labor. Reports to the UN Working Group on enforced disappearances escalated dramatically, indicating a widespread and systematic practice. While the Chinese government refers to these camps as ‘vocational education and training centers’, administrative detention in the camps has no basis in Chinese, or international law. 

Journalists and NGOs have reported countless testimonies of people whose family members are or were missing and believed to be detained in the XUAR, and yet who have no way to establish their family members’ whereabouts.  They almost never receive official confirmation regarding their family member’s status from the Chinese authorities; efforts to gather information from Chinese consulates or embassies abroad have been largely unsuccessful. Very few detainees are allowed contact with the outside world. Even nominally ‘free’ Uyghurs living in XUAR have been effectively forbidden to speak with their family or friends abroad. Uyghurs in the country and overseas are wholly deprived of their right to truth. 

We, the undersigned organizations, urge the international community as a whole to ensure sustained attention and take meaningful action to put an end to all forms of enforced disappearance in China. The authorities must release all those disappeared, ensure their relatives’ right to truth, justice, reparation, and guarantees of non-recurrence. 

We stand in solidarity with all those missing, and with their loved ones, left longing for them to return alive. 

https://www.nchrd.org/2022/08/civil-society-call-to-end-enforced-disappearances-in-china%EF%BF%BC/?utm_source=rss&utm_medium=rss&utm_campaign=civil-society-call-to-end-enforced-disappearances-in-china%25ef%25bf%25bc

Signatories: 

            Amnesty International

            China Against the Death Penalty

            China Aid Association

            Chinese Human Rights Defenders

            Freedom House

            Front Line Defenders

            Global Centre for the Responsibility to Protect

            Grupo de Apoio ao Tibete Portugal

            Hong Kong Democracy Council

            Hongkongers in Britain

            Hong Kong Watch

            International Bar Association’s Human Rights Institute (IBAHRI) 

International Campaign for Tibet

            International Commission of Jurists

            International Service for Human Rights (ISHR)

            International Society for Human Rights

            International Tibet Network

            Lawyers for Lawyers

            Lawyers’ Rights Watch Canada

Northern California Hong Kong Club

            Objectif Tibet, Sciez, France

            PEN America

Safeguard Defenders

The Rights Practice

The 29 Principles

Tibet Initiative Deutschland

Tibet Justice Center

Tibet Support Group Ireland

Students for a Free Tibet

Swiss Tibetan Friendship Association

Uyghur Human Rights Project

World Organisation Against Torture (OMCT)

World Uyghur Congress

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Enforced Disappearances in Bangladesh have to stop

August 30, 2022

On 29 August 2022, on the occasion of the International Day of Victims of Enforced Disappearances, AFAD, FIDH, Maayer Daak and Odhikar urge the government of Bangladesh to:
1) Halt all enforced disappearances and immediately return all disappeared persons to their
families.
2) Set up an independent mechanism to investigate all cases of enforced disappearances.
3) Refrain from all forms of reprisals against human rights defenders, family members of the
disappeared, and civil society activists, and ensure the safety and security of victims and
their families.
4) Hold all perpetrators accountable.
5) Ratify the International Convention for the Protection of All Persons from Enforced
Disappearance.
6) Adopt and implement domestic legislation criminalizing enforced disappearance in line
with international law.

See also: https://humanrightsdefenders.blog/2022/03/17/un-experts-urge-bangladesh-to-end-reprisals-against-human-rights-defenders/

The Asian Federation Against Involuntary Disappearances (AFAD) is a federation of human rights
organizations working directly on the issue of involuntary disappearances in Asia. AFAD was founded
on 4 June 1998 in Manila, Philippines and was the recipient of the 2016 Asia Democracy and Human
Rights Award. See: https://www.trueheroesfilms.org/thedigest/laureates/5E526725-F43B-83FB-3B7E-2B3C56D01F60
The International Federation for Human Rights (FIDH) is the world’s oldest non-governmental
human rights organization. Founded in 1922, FIDH federates 192 member organizations from 117
countries. Its core mandate is to promote respect for all the rights set out in the UDHR. http://www.fidh.org
Maayer Daak is a platform of the families of victims of enforced disappearances in Bangladesh with
the common goal of seeking the whereabouts of their loved ones and advocating for justice.
Odhikar is a human rights organisation in Bangladesh, established on October 10, 1994 by a group of
human rights defenders, to monitor human rights violations and create wider awareness. It holds
special consultative status with the ECOSOC of the United Nations.

http://odhikar.org/wp-content/uploads/2022/08/Joint-Statement-IDD-AFAD-FIDH-Maayer-Daak-Odhikar.pdf

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Many NGOs join to demand release of human rights defenders in Algeria

May 23, 2022

38 NGOs, including HRW and AI, ask Algeria to end the repression of human rights and the “immediate” release of detainees. They have launched a campaign calling on Algeria to end the repression of Human Rights and demand the immediate release of people detained in the country for exercising their freedom of expression. “The campaign calls on all relevant individuals, organizations and parties to contribute to collectively demanding an end to the criminalization of the exercise of fundamental freedoms in Algeria using the label At least 300 people have been arrested since the beginning of 2022, and until April 17, in the country for exercising their right to free expression, peaceful assembly or association, according to human rights defender Zaki Hannache. “The arrests and sentences of peaceful activists, independent trade unionists, journalists and human rights defenders have not decreased, even after the protest movement was closed,” they said in a statement. The organizations have given the example of the hunger strike of the Algerian activist, Hadi Lassouli, to protest against his arbitrary imprisonment, as well as the case of Hakim Debazi, who died in custody on April 24 after being placed in preventive detention on April 22. February for social media posts. “Those suspected of criminal responsibility for serious human rights violations must be brought to justice in trials with due guarantees, and the authorities must provide victims with access to justice and effective reparations,” they have requested. This awareness campaign will be carried out until the anniversary of the death of Kamel Eddine Fejar, a human rights defender who died in custody on May 28, 2019 after a 50-day hunger strike. The United Nations High Commissioner for Human Rights, Michelle Bachelet, was “concerned” last March at the increase in fundamental restrictions in the country, including an increase in arrests and detentions of human rights defenders, as well as members of civil society and political opponents. “I call on the government to change course and take all necessary measures to guarantee the rights of its people to freedom of expression, association and peaceful assembly,” she said in a statement from the UN High Commissioner for Human Rights.

https://www.indonewyork.com/breaking/38-ngos-including-hrw-and-ai-ask-algeria-to-end-the-repression-of-human-h30616.html

Posted in Amnesty international, HRW, human rights, Human Rights Defenders | 1 Comment »
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