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NGOs say that Chinese Government manipulates human rights (UPR) review

July 31, 2024

4 July 202: China’s government accepted – wholly or partially – 298 of the 428 (70%) recommendations the country received from UN member states during its fourth UPR on 23 January 2024. This represents a 12% drop in the proportion of recommendations the government accepted compared to the previous UPR in 2018.

In a worrying sign of the government’s outright refusal to heed the mounting international concern over key human rights issues, of the 130 recommendations Beijing did not accept, an unprecedented number – 98 – were categorised as “rejected” and 32 were “noted.

China’s government used the United Nations (UN)-backed review of its human rights record to rebuff international concern over serious abuses, issue blanket denials, and make blatantly false statements, the International Federation for Human Rights (FIDH), Human Rights in China (HRIC), the International Campaign for Tibet (ICT), the Taiwan Association for Human Rights (TAHR), and the Database Center for North Korean Human Rights (NKDB) said after the adoption of the outcome of China’s Universal Periodic Review (UPR) in Geneva, Switzerland.

Despite well-documented evidence to the contrary, the government claimed that many of the recommendations it accepted were being implemented or had already been implemented. Such was the case regarding the accepted recommendations related to human rights in Hong Kong, Tibet, and Xinjiang, and the situation of human rights defenders, lawyers, civil society, media, and journalists. The government also made the false claim that it protected “freedom of speech, association and assembly” and “the lawful rights of all citizens as equals“.

FIDH, HRIC, ICT, TAHR, and NKDB urge China’s government to reverse course and use the fourth UPR to address the concerns voiced by numerous UN member states without delay by implementing all the recommendations that are consistent with its obligations under international human rights law.

Below is an analysis of the government’s response to the UPR recommendations on selected human rights issues.

Human rights situation in Hong Kong, Tibet, and Xinjiang

The government received 57 recommendations on human right issues in Hong Kong, Tibet, and Xinjiang and accepted only 19 (33%) of them. With regard to Hong Kong, the rejected recommendations were overwhelmingly related to the National Security Law and its negative impacts. Rejected recommendations concerning the situation of the Uyghurs in Xinjiang included those that called for the implementation of the 2022 UN Office of the High Commissioner for Human Rights (OHCHR) assessment on Xinjiang which China’s government called “illegal“. China rejected 70% of the unprecedented number of Tibet-specific recommendations it received – notably the ones calling for an end of the boarding school system for Tibetan children – often claiming they were based on “false information” despite many verified reports, including by UN experts. Other recommendations concerning the respect of cultural and religious rights in Tibet were listed as “accepted and already implemented” in a blunt misrepresentation of the reality on the ground. Many of the recommendations received by China’s government concerning the situation in Tibet echoed those contained in the joint submission made by FIDH and the International Campaign for Tibet (ICT) for China’s fourth UPR.

Human rights defenders, lawyers, and civil society

The government accepted only 10 of the 25 recommendations it received on human rights defenders, lawyers, and civil society. It rejected recommendations that called on China’s authorities to end the harassment and arbitrary detention of human rights defenders and lawyers and to cease the restrictions on civil society. A submission by HRIC highlights how online rights and internet freedoms in Hong Kong have significantly deteriorated in the post-COVID era, especially after the promulgation of the National Security Law, and that women have been disproportionately affected, as evidenced by the online gender-based violence they experienced.

Media and journalists

The government rejected 10 of the 14 recommendations it received concerning the protection of media and journalists, claiming the authorities protect the right to freedom of speech.

Death penalty

The government rejected all 20 recommendations it received concerning the death penalty. It stated that the death penalty “should be retained with its application strictly and prudently limited” – a statement that clashes with the reality of a country that has consistently ranked as the world’s most prolific executioner.

https://www.fidh.org/en/region/asia/china/china-government-manipulates-human-rights-review

https://www.msn.com/en-xl/news/other/ngos-slam-china-for-rejecting-upr-recommendations-at-unhrc-s-56th-session/ar-BB1pu4Wz

Posted in FIDH, Human Rights Council, Human Rights Defenders | Leave a Comment »
Tags: China, joint statement, NGOs, United Nations System, UPR

Tajikistan: Two-Year Anniversary Of Arrest Of Human Rights Defender Manuchehr Kholiqnazarov

May 29, 2024

Manuchehr Kholiqnazarov. Photo from personal Facebook page

Manuchehr Kholiqnazarov. Photo from personal Facebook page

On 29 May 2024, IPHR (International Partnership for Human Rights – an independent, non-governmental organization founded in 2008 in Brussels) published an Op-ed about Human Rights Defender Manuchehr Kholiqnazarov.

Tuesday marked the sad anniversary of the arrest of lawyer and human rights defender Manuchehr Kholiqnazarov in Tajikistan. First arrested on 28 May 2022, he has now spent two years behind bars, serving a 16-year-long prison sentence in retaliation for his human rights work.

The organisations issuing this statement – International Partnership for Human Rights (IPHR), the Tajikistan Civil Society Coalition against Torture and Impunity, Helsinki Foundation for Human Rights (HFHR, Poland), Norwegian Helsinki Committee (NHC), as well as International Federation for Human Rights (FIDH) and World Organisation against Torture (OMCT) within the framework of the Observatory for the Protection of Human Rights Defenders – are increasingly worried about Manuchehr’s state of health and call again on the Tajikistani authorities to immediately and unconditionally release him.

[for earlier statement, see: https://humanrightsdefenders.blog/2023/09/14/call-to-release-human-rights-defender-manuchehr-kholiqnazarov-and-others-in-tajikistan/]

“Manuchehr was arrested and imprisoned for no other reason than his tireless work to help the most vulnerable victims of human rights violations. We will not give up fighting against his unjust sentence until he is released and allowed to return home to his family,” said Brigitte Dufour, Director of IPHR.

On 9 December 2022 Tajikistan’s Supreme Court found Manuchehr guilty under articles 187, part 2 (participation in a criminal organisation) and 307 (3), part 2 (participating in the activities of a banned organisation due to its extremist activities) of the Criminal Code, sentencing him to 16 years’ imprisonment in a strict regime penal colony.

Manuchehr is the Director of the Lawyers Association of Pamir (LAP), one of the few civil society organisations in Tajikistan’s Gorno Badakhshan Autonomous Region (GBAO) that works to promote and protect human rights.

On 25-28 November 2021, mass protests erupted in Khorog, GBAO, over the extrajudicial killing of a young man, Gulbiddin Ziyobekov. After the protests settled, Manuchehr joined the “Commission 44”, consisting of representatives of local civil society and law enforcement agencies, to investigate the events. Given his professional experience, Manuchehr was included in the Joint Investigation Team headed by the Prosecutor General’s Office and helped secure lawyers for victims of indiscriminate violence during the November 2021 protests.

However, May 2022 saw a renewed crackdown on protests in Khorog and Rushan District of GBAO. On 28 May 2022, Manuchehr was arrested along with a dozen members of Commission 44 for alleged “participation in a criminal association” and “publicly calling for violent change of the constitutional order”. Their trial began on 20 September 2022, and was held behind closed doors at a detention facility of the State Committee for National Security (SCNS) in Dushanbe. Following his conviction, Manuchehr was transferred to a prison facility in the capital.

Manuchehr’s health has deteriorated significantly in detention. In particular, he suffers from back problems. The authorities should ensure that he has access to adequate medical assistance for these health problems and that his treatment complies fully with international standards as long as he remains behind bars.

In addition to human rights NGOs, the United Nations Special Rapporteur on Human Rights Defenders and other international human rights experts have repeatedly raised concerns about Manuchehr’s imprisonment and called for his release. The Tajikistani authorities should heed to these calls, promptly release him and allow him to reunite with his family.

Tajikistan: Two-Year Anniversary Of Arrest Of Human Rights Defender Manuchehr Kholiqnazarov – OpEd

Posted in awards, Human Rights Defenders, Observatory for the Protection of Human Rights Defenders | Leave a Comment »
Tags: human rights, Human rights defender, human rights lawyer, illegal detention, International Partnership for Human Rights (IPHR), joint statement, Lawyers Association of Pamir (LAP), Manuchehr Kholiqnazarov, news, Observatory for the Protection of Human Rights Defenders, Tajikistan

Civil society view of the 55th session of the UN Human Rights Council

April 12, 2024

At the 55th Human Rights Council session, 22 civil society organisations share reflections on key outcomes and highlight gaps in addressing crucial issues and situations [see: https://humanrightsdefenders.blog/2024/02/26/human-rights-defenders-issues-at-the-55th-session-of-the-human-rights-council/]:

The failure of States to pay their membership dues to the United Nations in full and in time, and the practice of conditioning funding on unilateral political goals is causing a financial liquidity crisis for the organisation, the impacts of which are felt by victims and survivors of human rights violations and abuses. … Without the resources needed, the outcomes of this session can’t be implemented. The credibility of HRC is at stake.

We welcome the adoption of three resolutions calling for the implementation of effective accountability measures to ensure justice for atrocity crimes committed in the context of Israel‘s decades long colonial apartheid imposed over the Palestinian people, and for the realisation of the Palestinian people’s right to self-determination. Special Procedures expressed their profound concern about “the support of certain governments for Israel’s strategy of warfare against the besieged population of Gaza, and the failure of the international system to mobilise to prevent genocide” and called on States to implement an “arms embargo on Israel, heightened by the International Court of Justice’s ruling […] that there is a plausible risk of genocide in Gaza […].” This session, the Special Rapporteur on the OPT concluded that the actions of Israel in Gaza meet the legal qualifications of genocide.

We deplore the double standards in applying international law and the failure of certain States to vote in favor of ending impunity. This undermines the integrity of the UN human rights framework, the legitimacy of this institution, and the credibility of those States. From Palestine, to Ukraine, to Myanmar, to Sudan, to Sri Lanka, resolving grave human rights violations requires States to address root causes, applying human rights norms in a principled and consistent way. The Council has a prevention mandate and UN Member States have a legal and moral duty to prevent and ensure accountability and non-recurrence for atrocity crimes, wherever they occur.

We want to highlight and specifically welcome the adoption of the first ever resolution on combating discrimination, violence and harmful practices intersex persons. The resolution builds on growing support in the Council on this topic and responds to several calls by the global coalition of intersex-led organisations. The resolution takes important steps in recognising that discrimination, violence and harmful practices based on innate variations of sex characteristics, such as medically unnecessary interventions, takes place in all regions of the world. We welcome that the resolution calls for States to take measures to protect the human rights of this population and calls for an OHCHR report and a panel discussion to address challenges and discuss good practices in protecting the human rights of intersex persons.

We welcome the renewal of the mandate of the Independent Expert on the enjoyment of human rights by persons with albinism. As attested by human rights defenders with albinism, the mandate played an invaluable role by shedding light on human rights violations against persons with albinism through ground breaking research, country visits, and human rights training, and ensuring that defenders with albinism are consulted and take part in the decision-making. The organisations also welcomed the inclusion of language reflecting the important role played by “organizations of persons with albinism and their families”, and the reference to the role of States in collaboration with the World Health Organization, “to take effective measures to address the health-related effects of climate change on persons with albinism with a view to realizing their right to the enjoyment of the highest attainable standard of physical and mental health, particularly regarding the alarming incidence of skin cancer in this population, and to implement the recommendations of the report of the Independent Expert in this regard”.

We welcome the adoption of the resolution on the renewal of the mandate of the Special Rapporteur on the human right to a clean, healthy and sustainable environment. We also welcome the update of the title of the mandate acknowledging the recognition of this right by the Human Rights Council in its resolution 48/13 on 8 October 2021 and the General Assembly resolution 76/300 on 28 July 2022. We also welcome the inclusion of gender-specific language in the text, and we call on the Special Rapporteur to devote a careful attention to the protection of environmental human rights defenders for their strong contribution to the realisation of the right to a clean, healthy, and sustainable environment, as called for by several States. We also welcome that the Council appointed for the first time a woman from the global south to fulfill this mandate, and we welcome the nomination of another woman as Special Rapporteur on the promotion and protection of human rights in the context of climate change.

We welcome the resolution on countering disinformation, which addresses new issues whilst once again rejecting censorship and reaffirming the ‘essential role’ that the right to freedom of expression plays in countering disinformation. We welcome the specific focus on girls – besides women – as well as risks associated with artificial intelligence, gender-based violence, and electoral processes. We urge States to follow the approach of the resolution and to combat disinformation through holistic, positive measures, including by ensuring a diverse, free and independent media environment, protecting journalists and media workers, and implementing comprehensive right to information laws. Importantly, we also urge States to ensure that they do not conduct their own disinformation campaigns. At the same time, social media companies have an essential role to play and should take heed of the resolution by reforming their business models which allow disinformation to flourish on their platforms. The resolution also mandates the Advisory Committee to produce a new report on disinformation, and it is absolutely essential that this report mirrors and reinforces existing standards on this topic, especially the various reports of the Special Rapporteur on freedom of opinion and expression.

Whilst we welcome the technical renewal of the resolution on freedom of religion or belief, we regret that the parallel resolution on combating intolerance (widely known by its original name Resolution 16/18) was not tabled at the session. Since 2011, these duel resolutions have been renewed each year, representing a consensual and universal framework to address the root causes of hate based on religion or belief in law, policy, and practice. We call on the OIC to once again renew Resolution 16/18 in a future session, while ensuring no substantive changes are made to this consensual framework. We also urge all States to reaffirm their commitment to Resolution 16/18 and the Rabat Plan of Action and adopt comprehensive and evidence-based national implementation plans, with the full and effective participation of diverse stakeholders.

We welcome the adoption of the resolution on prevention of genocide and its focus on impunity, risks and early warnings, as well as the paragraph reaffirming that starvation of civilians as a method to combat is prohibited under international humanitarian law; however, we regret that the resolution fails to adequately reflect and address serious concerns relating to current political contexts and related risks of genocide.

We welcome the adoption of the resolution on the rights of the child: realising the rights of the child and inclusive social protection, strengthening the implementation of child rights-compliant inclusive social protection systems that benefit all children. We also welcome the addition of a new section on child rights mainstreaming, enhancing the capacity of OHCHR to advance child rights mainstreaming, particularly in areas such as meaningful and ethical child participation and child safeguarding. We remain concerned by persisted attempts to weaken the text, especially to shift the focus away from children as individual right-holders, to curtail child participation and remove the inclusion of a gender perspective.

We welcome the adoption of the resolution on torture and other cruel, inhuman or degrading treatment or punishment which addresses effective national legislative, administrative, judicial or other measures to prevent acts of torture. We welcome the new paragraph urging States concerned to comply with binding orders of the International Court of Justice related to their obligations under the Convention Against Torture.

We welcome the adoption of a new resolution on the human rights situation in Belarus. The Belarusian authorities continue their widespread and systematic politically-motivated repression, targeting not only dissent inside the country, but also Belarusians outside the country who were forced to flee for fear of persecution. Today, almost 1,500 prisoners jailed following politically-motivated charges in Belarus face discriminatory treatment, severe restriction of their rights, and ill-treatment including torture. The resolution rightly creates a new standalone independent investigative mechanism, that will inherit the work of the OHCHR Examination, to collect and preserve evidence of potential international crimes beyond the 2020 elections period, with a view to advancing accountability. It also ensures the renewal of the mandate of the Special Rapporteur who remains an essential ‘lifeline’ to Belarusian civil society.

We welcome the resolution on technical assistance and capacity building in regard to the human rights situation in Haiti and emphasis on the role civil society plays in the promotion and protection of human rights and the importance of creating and maintaining an enabling environment in which civil society can operate independently and free from insecurity. We similarly welcome the call on the Haitian authorities to step up their efforts to support national human rights institutions and to pursue an inclusive dialogue between all Haitian actors concerned in order to find a lasting solution to the multidimensional crisis, which severely impacts civil society. We welcome the renewal of the mandate of the designated expert and reference to women and children in regard to the monitoring of human rights situation and abuses developments, as well as encouragement of progress on the question of the establishment of an office of the Office of the High Commissioner in Haiti. We nonetheless regret that the resolution does not address the multifaceted challenges civil society faces amidst escalating violence, fails to further address the link between the circulation of firearms and the human rights violations and abuses, and does not identify concrete avenues for the protection of civilians and solidarity action to ensure the safety, dignity and rights of civilians are upheld.

We welcome the adoption of the resolution on Iran, renewing the mandate of the Special Rapporteur on human rights in Iran and extending for another year the mandate of the Independent International Fact-Finding Mission on Iran. The continuation of these two distinct and complementary mandates is essential for the Council to fulfill its mandate of promotion and protection of human rights in Iran. However, given the severity of the human rights crisis in the country, we regret that this important resolution remains purely procedural and fails to reflect the dire situation of human rights in Iran, including the sharp spike in executions, often following grossly unfair trials. It also fails to address the increased levels of police and judicial harassment against women and girls appearing in public without compulsory headscarves, human rights defenders, lawyers, journalists and families of victims seeking truth and justice, and the continued pervasive discrimination and violence faced by women and girls, LGBTI+ persons and persons belonging to ethnic and religious minorities in the country.

We welcome the adoption by consensus of the resolution on Myanmar, which is a clear indication of the global concern for the deepening human rights and humanitarian crisis in the country as a result of the military’s over three-year long brutal war against the people resisting its attempted coup. We further welcome the Council’s unreserved support for Myanmar peoples’ aspirations for human rights, democracy, and justice as well as the recognition of serious human rights implications of the continuing sale of arms and jet fuel to Myanmar.

We welcome the resolution on the situation of human rights in Ukraine stemming from the Russian aggression. The latest report of the Independent International Commission of Inquiry (COI) reveals disturbing evidence of war crimes, including civilian targeting, torture, sexual violence, and the unlawful transfer of children. These findings underscore the conflict’s brutality, particularly highlighted by the siege of Mariupol, where indiscriminate attacks led to massive civilian casualties and infrastructure destruction. The report also details the widespread and systematic torture and sexual violence against both civilians and prisoners of war. Moreover, the illegal deportation of children emerges as a significant issue, as part of a broader strategy of terror and cultural erasure. The COI’s mandate extension is crucial for ongoing investigations and ensuring justice for victims.

By adopting a resolution entitled ‘advancing human rights in South Sudan,’ the Council ensured that international scrutiny of South Sudan’s human rights situation will cover the country’s first-ever national elections, which are set to take place in December 2024. With this resolution, the UN’s top human rights body extended the mandate of its Commission on Human Rights in South Sudan.

We welcome the resolution on the human rights situation in Syria and the extension of the mandate of the Independent International Commission of Inquiry (COI), which will continue to report on violations from all sides of the conflict in an impartial and victim-centered manner. Syria continues to commit systematic and widespread attacks against civilians, in detention centers through torture, arbitrary detention and enforced disappearance and through indiscriminate attacks against the population in Idlib. We welcome that the resolution supports the mandate of the Independent Institution of the Missing People and calls for compliance with the recent order on Provisional Measures by the ICJ – both initiatives can play a significant role in fulfilling victims’ rights to truth and justice and should receive support by all UN Member States. In a context of ongoing normalisation, the CoI’s mandate to investigate and report on human rights abuses occurring in Syria is of paramount importance.

We continue to deplore this Council’s exceptionalism towards serious human rights violations committed by the Chinese government. At a time when double-standards are enabling ongoing atrocity crimes to be committed in Palestine, sustained failure by Council Members, in particular OIC countries, to promote accountability for crimes against humanity against Uyghurs and Muslim peoples in China severely undermines the Council’s integrity, and its ability to prevent and put an end to atrocity crimes globally. Findings by the OHCHR, the UN Treaty Bodies, the ILO and over 100 letters by UN Special Procedures since 2018 have provided overwhelming evidence pointing to systematic and widespread human rights violations across the People’s Republic of China. 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, as repeatedly urged by UN Special Procedures. We further echo Special Procedures’ call for prompt and impartial investigations into the unlawful death of Cao Shunli, and all cases of reprisals for cooperation with the UN.

We regret the Council’s silence on the situation in India despite the clear and compounding early warning signs of further deterioration that necessitate preventive action by the Council based on the objective criteria. The latest of these early warning signals include the recent notification of rules to implement the highly discriminatory Citizenship Amendment Act by the Bharatiya Janata Party-led government just weeks before the election, along with recent intercommunal violence in Manipur and ongoing violence against Muslims in various parts of India amid increasing restrictions on civic space, criminalisation of dissent and erosion of the rule of law with political interference.

We further regret that this Council is increasingly failing to protect victims of human rights violations throughout the Middle East and North Africa, including in Algeria, Bahrain, Egypt, Libya, Saudi Arabia, and Yemen. The people of Yemen and Libya continue to endure massive ‘man-made’ humanitarian catastrophes caused in large part by ongoing impunity for war crimes, crimes against humanity and other grave violations of international law. In Algeria, Egypt, Bahrain, Saudi Arabia and in other MENA countries, citizens are routinely subjected to brutal, wide-spread human rights violations intended to silence dissent, eradicate independent civil society and quash democratic social movements. Countless citizens from the MENA region continue to hope and strive for a more dignified life – often at the cost of their own lives and freedom. We call on this Council and UN member States to rise above narrow political agendas and begin to take steps to address the increasing selectivity that frequently characterises this Council’s approach to human rights protection and promotion.

We regret that once more, civil society representatives faced numerous obstacles to accessing the Palais and engaging in discussions, both in person and remotely, during this session. The UN human rights system in Geneva has always and continues to rely on the smooth and unhindered access of civil society to carry out its mandate. We remind UN Member States, as well as UNOG, that the Council’s mandate, as set out in HRC Res 5/1, requires that arrangements be made, and practices observed to ensure ‘the most effective contribution’ of NGOs. Undermining civil society access and engagement not only undermines the capacities and effectiveness of civil society but also of the UN itself.

Signatories:

All Human Rights for All in Iran
Asian Forum for Human Rights and Development (FORUM-ASIA)
Association Arc pour la defense des droits de l’homme et des revendication democratique/culturelles du peuple Azerbaidjanais Iran -”ArcDH”
Balochistan Human Rights Group
Cairo Institute for Human Rights Studies
Child Rights Connect (CRCnt)
CIVICUS
Commonwealth Human Rights Initiative (CHRI)
Egyptian initiative for Personal Rights (EIPR)
Ensemble contre la Peine de Mort
Franciscans International
Gulf Center for Human Rights
Impact Iran
International Bar Association’s Human Rights Institute (IBAHRI)
International Federation for Human Rights (FIDH)
International Lesbian and Gay Association (ILGA)
International Service for Human Rights (ISHR)
Kurdistan Human Rights Network
Kurdpa Human Rights Organization
PEN America
The Syrian Legal Development Programme (SLDP)
United 4 Iran

https://www.fidh.org/en/international-advocacy/united-nations/human-rights-council/55th-human-rights-council-session-israel-palestine-belarus-iran

Posted in Human Rights Council, Human Rights Defenders, ISHR | Leave a Comment »
Tags: 55th session of the UN Human rights Council, albinism, Belarus, China, disinformation, EU, Gaza, Haiti, human rights, India, intersex, Iran, Israel, joint statement, Myanmar, news, NGOs, Palestine, United Nations

Joint statement on the 10-year anniversary of ‘deadly reprisals’ against Chinese activist Cao Shunli

March 15, 2024

On 14 March 2024, a large number of leading NGOs paid tribute to Cao Shunli, and all human rights defenders targeted by the Chinese government for their commitment to uphold the promise of the Universal Declaration of Human Rights. [see also: https://humanrightsdefenders.blog/tag/cao-shunli/]:

Cao Shunli was a brave Chinese woman human rights defender and lawyer. Working with fellow activists, Cao documented abuses, including the now-abolished ‘Re-education through Labour’ extrajudicial detention system, which she was also subjected to as a result of her human rights work. She campaigned for independent civil society to be meaningfully consulted and to be able to contribute to the Chinese government’s national reports to its first and second Universal Periodic Reviews (UPR). In an attempt to speak with government officials about the UPR, Cao courageously organised peaceful sit-ins with other concerned citizens outside the Ministry of Foreign Affairs despite great risks. She also submitted information on extralegal detention and torture in China to the UN and expressed the hope that ‘if we could get even 100 words’ into a UN report, ‘many of our problems could start to get addressed.’

On 14 September 2013, Chinese authorities detained Cao at the Beijing Capital International Airport as she was traveling to Geneva to participate in a human rights training, one month before China’s second UPR. Cao was forcibly disappeared for five weeks, until she resurfaced in criminal detention and was charged with ‘picking quarrels and provoking trouble’. By October 2013, it was clear that Cao Shunli was experiencing serious medical issues while in detention. After months of denial of adequate medical treatment, rejected appeals by her lawyers for bail on humanitarian grounds, and despite multiple calls from the international community for her urgent release, Cao died of multiple organ failure on 14 March 2014 in a hospital under heavy police guard to keep out her lawyers and friends.

Cao was one of the 2014 finalists of the prestigious Martin Ennals Award for Human Rights Defenders.

To this day, there has been no accountability for Cao Shunli’s death. The Chinese government refuses to admit wrongdoing, despite repeated calls in 2014 and 2019 by UN Special Procedures experts for a full investigation into this ‘deadly reprisal’.

Her case is one of the longest-standing unresolved cases in the UN Secretary-General’s annual reports on reprisals against civil society actors for engaging with the United Nations. China is one of the most consistent perpetrators of reprisals over time, and one of the most egregious perpetrators in terms of the sheer number of individuals targeted.

Cao is not alone: her courage, but also the abuses she endured, are unfortunately those of other human rights defenders who paid a high cost for cooperating with the UN. Her close colleague, Chen Jianfang was forcibly disappeared under Residential Surveillance at a Designated Location (RSDL) from 19-20 March 2019 after paying tribute to Cao Shunli on the 5th anniversary of her death. Chen was sentenced to four years and six months in jail for ‘inciting subversion of State power’ and left prison on 21 October 2023, after which authorities subjected her to strict surveillance. UN experts have raised with the Chinese government acts of reprisals against Chen Jianfang, but also Jiang Tianyong, Li Qiaochu, Dolkun Isa, Li Wenzu and Wang Qiaoling, among others. The recent instances of intimidation and harassment against NGO participants in China’s 4th UPR in January 2024 further highlight the gravity of the situation.

Li Qiaochu, Xu Zhiyong, Ding Jiaxi, Yu Wensheng, Xu Yan, Huang Xueqin, Li Yuhan, Chang Weiping: many other Chinese human rights defenders are today detained, disappeared, and at grave risk, for upholding the promise of the Universal Declaration of Human Rights.

These documented acts do not account for the even greater self-censorship and refusal to engage with the United Nation as a result of a generalised climate of fear.

Ten years ago, when ISHR and many other human rights groups sought to observe a moment of silence at the Human Rights Council in her memory, the Chinese delegation, together with other delegations, disrupted the session for an hour and half.

Cao Shunli is a paradigmatic case of reprisals, not only because of her prominence, but also due to the array of severe human rights violations against her, committed in total impunity. These range from Chinese authorities blocking her exit from her own country, enforced disappearance, arbitrary detention, lack of due process, torture or ill-treatment and denial of adequate medical care, to subsequent death in custody, and the lack of accountability for these abuses. The lack of any progress in achieving accountability underscores the urgent need for continued international attention and pressure on the Chinese government to ensure justice for Cao and all human rights defenders who face persecution for their work.

Cao Shunli said before her death: ‘Our impact may be large, may be small, and may be nothing. But we must try. It is our duty to the dispossessed and it is the right of civil society.’

Today, we pay tribute to Cao Shunli’s legacy, one that has inspired countless human rights defenders in China and abroad. We urge UN Member States to call for a full, independent, impartial investigation into her death. We reaffirm that no perpetrator of reprisals, no matter how powerful, is above scrutiny, and that reprisals are fundamentally incompatible with the values of the United Nations and of the Universal Declaration of Human Rights.

Signatories:

Art for Human Rights
ARTICLE 19
Asian Forum for Human Rights and Development (FORUM-ASIA)
Asian Lawyers Network (ALN)
Campaign for Uyghurs
CIVICUS: World Alliance for Citizen Participation
CSW (Christian Solidarity Worldwide)
Front Line Defenders
HK Labour Rights Monitor
Hong Kong Centre for Human Rights
Hong Kong Democracy Council (HKDC)
Hong Kong Watch
Human Rights in China
Humanitarian China
Humanitarian China
International Bar Association’s Human Rights Institute (IBAHRI)
International Campaign for Tibet
International Federation for Human Rights (FIDH), within the framework of the Observatory for the Protection of Human Rights Defenders
International Service for Human Rights
International Tibet Network
Lawyers’ Rights Watch Canada
Martin Ennals Foundation
Network of Chinese Human Rights Defenders (CHRD)
PEN International
Safeguard Defenders
The 29 Principles
The Rights Practice
Tibet Justice Center
Uyghur Human Rights Project
World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders
World Uyghur Congress

On 14 March also a group of UN Special Rapporteurs issued a joint call: “We regret that no action appears to have been taken over the last five years, since the last call for an independent, impartial and comprehensive investigation into Ms. Shunli’s death,” [https://www.ohchr.org/en/press-releases/2024/03/china-un-experts-renew-calls-accountability-cao-shunlis-death]

https://www.frontlinedefenders.org/en/statement-report/joint-statement-10-year-anniversary-deadly-reprisals-against-chinese-activist-cao

https://ishr.ch/latest-updates/in-tribute-to-cao-shunli-rights-groups-call-on-geneva-to-install-permanent-monument-for-her

Posted in Front Line, Human Rights Defenders, ISHR | 1 Comment »
Tags: Cao Shunli, Chen Jianfang, China, Geneva, human rights, Human Rights Defenders, iang Tianyong, joint statement, Li Qiaochu, MEA finalist 2014, news, NGOs, reprisals, Wang Qiaoling, woman human rights defender

March 8, 2024 was again International Women’s Day

March 8, 2024

Like every year, many organisations used the occasion to focus on the role of women human rights defenders. Here a selection of this year’s actions [for earlier posts see: https://humanrightsdefenders.blog/tag/international-womens-day/]:

Global Voices has released a special coverage called Empowering voices: Women in politics, which explores the state of women’s political participation around the world.

Human Rights First referred to a new report reveals that WHRDs face increasing harassment and threats from a global movement against gender equality and LGBTQI+ rights. The Kvinna till Kvinna Foundation, a leading feminist women’s rights organization, released Hope and Resistance Go Together: The State of Women Human Rights Defenders 2023, a report that found discouraging growth in harassment of WHRDs. The foundation surveyed 458 women’s and queer rights activists and interviewed 25 activists representing WHRDs from 67 countries affected by violence or conflict.

They found that 75% reported facing harassment for their activism, a 15% increase from two years ago, and 25% of respondents have received death threats. Most harassment comes from government authorities, but increased harassment from far-right groups and anti-gender equality actors is also driving these startling statistics. Human Rights Defenders (HRDs) across the world face resistance and violence. In 2022, at least 401 HRDs were killed for their peaceful work. But some of the obstacles facing WHRDs are distinct. https://humanrightsfirst.org/library/recognizing-women-human-rights-defenders-on-international-womens-day/

Human Rights Watch on 7 March carried a piece by Macarena Sáez who says inter alia:

On this International Women’s Day, we march for the one in three women who experience physical or sexual violence in their lifetime. We cheer for countries like Argentina, Colombia, and Ireland that value our autonomy to choose to be pregnant and have legalized access to safe abortion, while protesting that abortion is still or again illegal in many places, including US states like Alabama and Texas. At the same time, we march to honor the women who marched before us, like the Mexican women who organized the first feminist congress in 1916 to push for family law reforms and their right to vote, and the Nigerians who waged their “Women’s War” against colonization and patriarchal laws in 1929. Their struggles sadly mirror the reality of many women around the world today – especially women who belong to historically marginalized groups – who continue to rally against violence and abuse.

Fearing the power of women’s solidarity and collective actions, governments have stifled women’s speech through restrictions on movement, censorship, smear campaigns, and criminal prosecutions. In highly repressive contexts, like Afghanistan and Iran, women suffer arbitrary detention, and even enforced disappearance and torture, for their activism. Meanwhile, social media companies have not done enough to protect women from online violence, chilling women’s freedom of expression on and offline. These barriers make it hard for women’s equality to become reality. Gender justice requires an enabling environment in which women can express themselves, speak and spread their political views, and participate in political and public life. Instead of repressing or tolerating the repression of women, governments should recognize our collective actions – and consequent power – and enshrine our rights in laws, policies, and practice. [https://www.hrw.org/news/2024/03/07/womens-voices-have-power-drive-change]

Amnesty International on 8 March highlighted three prominent women who reveal why sexual and reproductive rights are a major human rights issue : Charlotte Bunch, USA Leila Hessini, Algeria Marge Berer, UK [https://www.amnesty.org/en/latest/campaigns/2024/03/three-prominent-women-reveal-why-sexual-and-reproductive-rights-are-a-major-human-rights-issue/]

On 8 March 8, 2024 Almyra Luna Kamilla and Rosalind Ratana  opined in IMHO on “Navigating the storms of repression: The resilience of young women rights defenders in Asia”

[OPINION] Navigating the storms of repression: The resilience of young women rights defenders in Asia

In recent years, Asia has been witnessing rising authoritarianism and shrinking civic space. Among those in the frontlines of resistance are young women human rights defenders. As we celebrate International Women’s Day, let us demand for an enabling world where women human rights defenders can continue their noble pursuits without fear of reprisals.

In Thailand, the royal defamation law is being excessively used to silence criticisms against the monarchy. Meanwhile in Sri Lanka, economic and political mismanagement has sparked peaceful protests that are met with violence and intimidation. The fate of Asia’s political climate hangs by a thread as elections are held across many countries, including Bangladesh, Indonesia, India, South Korea, and Pakistan. Now more than ever, governments across the region are finding ways to solidify their power, putting an even tighter grip on civil society to the detriment of democracy and people’s fundamental rights and freedoms.

Despite such challenges, many are courageously speaking out and taking collective action to reclaim power for the people. This includes young women human rights defenders – or Youth WHRDs – who are claiming space to call out human rights violations and to demand accountability from oppressive governments. [https://www.rappler.com/voices/imho/young-women-rights-defenders-asia/]

The Alliance for Human Rights in Afghanistan (a coalition of 9 major NGOs) urgently appealed to the international community to significantly bolster its support and actively safeguard the human rights of Afghan women and girls, including Afghan women human rights defenders who face persecution for their peaceful campaigns for rights and basic freedoms.

In 2023, the Taliban further intensified its oppressive policies toward women, girls, the LGBTIQ+ community, and religious minorities. Afghan women and girls have seen their rights and prospects increasingly curtailed, from greater enforcement of restrictions on education – including a ban on girls attending secondary schools and universities – to intensifying exclusion of women from political and public life. Women have been banned from a growing list of forms of paid employment, and economic barriers, such as the ban on women registering organisations and undergoing vocational training, have contributed to a sharp decline in women’s participation in the labour market, impeding their right to make a living. This exacerbates financial insecurity, widens gender disparities, and further confines women to the private sphere. Lesbian, bisexual, and transgender women face severe threats, including torture, sexual violence, forced marriage, and death. Victims of gender violence, including those who identify as such, lack minimal legal and practical support. Obstacles to healthcare and education have exacerbated poverty and vulnerability among women and girls. In 2023, new discriminatory restrictions imposed by the Taliban included the closure of all beauty salons, blocking women from overseas travel for study, mandating female health workers in some areas to have a male chaperone while travelling or at work, and prohibiting women from entering a famous national park.

The oppressive environment extends to female activists, NGO leaders and journalists. Notable cases include the arrests of women’s rights activists Neda Parwani and Zholia Parsi, the enforced disappearance and subsequent discovery of Manizha Seddiqi in Taliban custody to date, the arrest of Matiullah Wesa, founder of an NGO advocating for girls’ education rights, and the arbitrary detainment of Ahmad Fahim Azimi and Seddiqullah Afghan—both dedicated girls’ education activists, among many others. Journalists reporting on the Taliban, facing arrests and threats, equally illustrate the difficulties encountered by the media, particularly women, when covering crimes against women or advocating for women’s rights. Collectively, these cases underscore the near-total denial of freedom of expression, gender equality, or any other internationally recognized right in Afghanistan under the Taliban.

Amid this growing oppression, segregation and fear, Afghan women human rights defenders have urged the international community to exert greater pressure on the Taliban. They call on international bodies to involve Afghan women in all negotiations with the Taliban and to facilitate direct meetings between women and the de facto authorities to address their concerns. Afghan women have also stressed the importance of advocacy for women’s rights by external actors based on the voices and realities of women inside Afghanistan. They call for coordinated efforts between organisations inside and outside the country to defend the rights of Afghan women and girls.

https://www.omct.org/en/resources/statements/afghanistan-lifting-afghan-women-from-the-shadows-into-the-light-in-the-face-of-the-taliban

The UN Special Rapporteur on the situation of human rights in Afghanistan, Richard Bennett, called on the Taliban to release women human rights defenders as the world marks International Women’s Day.

I reiterate my appeal to the Taliban to respect all the human rights of women and girls in Afghanistan, including to education, work, freedom of movement and expression, and their cultural rights, and I urge the meaningful and equal participation of Afghan women and girls in all aspects of public life. I call on the Taliban to immediately and unconditionally release all those who have been arbitrarily detained for defending human rights, especially the rights of women and girls.”

https://www.ohchr.org/en/statements/2024/03/afghanistan-un-expert-calls-taliban-release-women-human-rights-defenders

On 8 March, Civil Rights Defenders presented 4 woman human rights defenders and asked them to share their message to women around the world.

“The future is women.” – International Women’s Day 2024

On International Women’s Day, the a group of NGOs (ALQST for Human Rights, Amnesty International, CIVICUS, European Saudi Organization for Human Rights (ESOHR), Front Line Defenders, Gulf Centre for Human Rights (GCHR), HuMENA for Human Rights and Civic Engagement, International Service for Human Rights (ISHR),MENA Rights Group, Salam for Democracy and Human Rights) renewed their call on Saudi Arabian authorities to release all women human rights defenders (WHRDs), women’s rights activists and their supporters who are detained in contravention of international human rights standards. The organisations further call on Saudi authorities to lift travel bans imposed on WHRDs and their relatives, and to abolish the male guardianship system. [https://ishr.ch/latest-updates/civil-society-reiterates-their-call-on-saudi-authorities-to-release-jailed-womens-rights-activists/]

The President of Georgia awarded severl with mesla of honor: co-founder of “Safari” organization Babutsa Pataraia, human rights defender Ana Arganashvili, founders of “National Network for Protection from Violence”: Eliso Amirejibi and Nato Shavlakadze and founder of “Vedzeb” organization Tamar Museridze.

https://www.interpressnews.ge/en/article/130159-in-connection-with-the-international-womens-day-the-president-awarded-five-female-human-rights-defenders-with-medals-of-honor

a few more addtions:

https://www.un.org/sg/en/content/sg/statement/2024-03-08/secretary-generals-remarks-the-observance-of-international-womens-day-delivered

https://www.eeas.europa.eu/delegations/indonesia/launch-women-human-rights-defenders-network-indonesia_en

https://www.unwomen.org/en/news-stories/speech/2024/03/speech-be-the-light-that-brings-hope-and-that-accelerates-progress-towards-an-equal-sustainable-and-peaceful-future

https://iucn.org/es/node/40738 [IUCN President and Director General’s Statement on International Women’s Day]

https://havanatimes.org/features/march-8-womens-day-with-less-rights-in-nicaragua/amp

UN Pays Tribute to Pakistan’s Shaista Ikramullah on International Women’s Day

On International Women’s Day 2024, Jamaica's focus is on protecting women and girls

https://bnnbreaking.com/breaking-news/human/global-women-human-rights-defenders-lead-the-charge-for-equality-and-justice

Posted in Amnesty international, Civil Rights Defenders (NGO), FIDH, Human Rights Council, Human Rights Defenders, ISHR, OMCT | Leave a Comment »
Tags: Afghanistan, Alliance for Human Rights in Afghanistan, Georgia, Global Voices, Hope and Resistance Go Together: The State of Women Human Rights Defenders 2023, human rights, Human Rights Defenders, human rights of women, international women's day, IUCN, joint statement, news, NGOs, Richard Bennett, Saudi Arabia, Shaista Ikramullah, Taliban, Uganda, woman human rights defender, Women's rights

Rising Attacks against Women Human Rights Defenders in Sudan

February 25, 2024

© MENA WHRD Coalition

On 14 February 2024, eight organisations, including FIDH and OMCT within the framework of the Observatory for the Protection of Human Rights Defenders, expressed their grave concern over the closure of civic space, attacks on freedom of expression, rising militarisation and continuous disruption and shutdown of communication that threatens the work and safety of Women Human Rights Defenders (WHRDs) and Women’s Rights Groups in Sudan:

February 14, 2024. We the undersigned groups and organisations would like to express our grave concern and raise the alarm over ongoing reports about the closure of the civic space, attacks on freedom of expression, rising militarisation and continuous disruption and shutdown of communication that threatens the work and safety of Women Human Rights Defenders (WHRDs) and Women’s Rights Groups in Sudan.

Shutdown of Communications

On February 7th, 2024, Sudan witnessed a complete communications shutdown. Reasons behind this shutdown remain unknown in the absence of official statements from operating companies and the warring parties. This shutdown followed two days of the extensive interruption of communications at the end of January 2024. The interruption of communications and frequent shutdowns have life threatening implications and put the safety and security of WHRDs at risk. Without access to communications, WHRDs struggle to document and report on the mounting atrocities on the ground. The interruption of internet networks has also impeded women groups’ access to the mobile banking apps that facilitate money transfers to operate or secure protection for WHRDs at risk. The #KeepItOn coalition — a global network of over 300 human rights organisations from 105 countries working to end internet shutdowns — has raised concerns that “amid the ongoing brutal violence in Sudan, the continued weaponisation of internet shutdowns is a flagrant violation of international law.”

Attack on Wad Madani

Since the attack on Wad Madani, the capital of the central Al Jazirah state, in mid-December 2023, Women’s Rights groups and WHRDs have lost the resources collected since the start of the war. Dozens of WHRDs and Women’s Rights Groups were forcibly displaced for the second time, driven from the city that had been the humanitarian response hub for local and international NGOs. As WHRDs were forced to flee again, they faced enormous challenges searching for safe locations across states and neighbouring countries. Dozens of WHRDs were harassed, detained, summoned and threatened by both warring parties during the last few weeks.

Targeting of Activists

The Sudanese Armed Forces (SAF) launched an intensified attack on human rights defenders, humanitarian workers and volunteers, journalists, and peace activists in the last few months in the areas under their control. Aid groups and first responders faced rising restrictions of movement and supplies.

Rapid Support Forces (RSF) continued to arrest civilians, loot both public and private properties and perpetrate systemic sexual violence across the areas under their control. WHRDs and Women’s Rights Groups struggle to operate in these areas as the risks of sexual violence are growing.

At least five WHRDs and women first responders have been detained, summoned, harassed or threatened in the last few weeks. The attacks were reported in areas controlled by both warring parties. Since the war erupted, four WHRDs have been killed, two of whom were journalists. At least 11 women health workers were killed as well.

Closure of Civic Space and Restrictions on Freedom of Expression

In January 2024, Sudanese authorities in the relatively safer states in Northern and Eastern Sudan, including local governors, issued decrees to dissolve neighbourhood resistance committees. These grassroot groups were mobilizing and organising communities since the emergence of the protests movement in 2018. The governors of five states also banned publication of information and imposed heavy penalties on publishing information on social media or other newspapers regarding the security situation in their states. Journalists and activists were detained in three states and two women journalists were summoned and threatened by local authorities following these decrees. In the Blue Nile state, Red Sea and other states, meetings and other forms of peaceful civic activities are either banned or not authorized. Women’s Rights groups and other NGOs operating in these states are working in hostile and increasingly challenging environments. Civic space in Sudan is closed, with an increasing militarisation of the state and local communities.

Rising Militarisation

During the last three months, Sudanese authorities launched a mobilisation campaign to arm civilians in various states under SAF control. This campaign’s leaders attacked and threatened activists who criticized the armament of civilians, including women, girls and boys. Voices of peace activists are considered treasonous by SAF supporters. The widespread arms in the hands of civilians has led to unprecedented threats to women and peace and security, including gender-based violence (GBV) in the areas outside of the fighting zones.

We the undersigned groups call on:

The warring parties:

An immediate ceasefire and the prompt creation of safe corridors for humanitarian aid organisations and groups, and to guarantee the safety of their operations;
An immediate restoration of telecommunications across the country;
Cease attacks on health facilities, medical supplies, and health workers, and uphold obligations under international humanitarian law;

The international community:

States and international human rights, peace-building and feminist groups and organisations to work together to create an immediate long-term protection program for WHRDs (and their families) that addresses relocation needs (in several locations if needed), provides psychological support for post-traumatic stress caused by war and conflict, including due to GBV, and equips WHRDs’ with all the necessary means to continue their work in the defense of human rights;
States to provide support for the FFM and other international mechanisms mandated to document human rights violations in Sudan, including by ensuring that these entities have the necessary resources to carry out their work effectively;
States to support local initiatives providing humanitarian support to local communities as well as support services to victims, and to support civil society’s documentation and reporting efforts so that the evidence obtained can be used for future judicial proceedings, including for those related to SGBV crimes.
The international community to establish a mechanism for the disclosure of the whereabouts of the disappeared and the release of detainees, and to urgently address the issue of enforced disappearances and grave violations in detention centers, including GBV;
The international community to reinforce and protect medical staff in accordance with international humanitarian law;
The Fact Finding Mission (FFM) recently established by the UN Human Rights Council, to ensure accountability is pursued for GBV crimes committed by warring parties, to regularly and meaningfully engage with civil society in this process, and to ensure effective protection of witnesses and victims;
All other UN human rights mechanisms, including UN Special Procedures, to support the FFM’s work and to investigate GBV as a weapon of war, to call for the release of detainees and for the disclosure of the whereabouts of the disappeared, and to demand an investigation into violations in detention, including GBV;

https://www.fidh.org/en/region/Africa/sudan/sudan-rising-attacks-against-whrds-and-women-s-rights-groups

Posted in FIDH, human rights, Human Rights Defenders, Observatory for the Protection of Human Rights Defenders, OMCT | Leave a Comment »
Tags: FIDH, Human Rights Defenders, human rights of women, joint statement, OMCT, Rapid Support Forces (RSF), rights of wo, safety, Sudan, UN Human Rights Council, Wad Madani, woman human rights defender

Today: International Human Solidarity Day

December 20, 2023

UN experts today emphasised the need for the international community to support civil society groups expressing international solidarity in pursuit of peace and social justice and not to conflate international solidarity with antisemitism or islamophobia. It is a remarkably large group of UN experts (see below). They have issued the following statement:

We would like to raise public awareness about the need to support concrete actions by civil society groups that express international solidarity in our pursuit of peace and social justice.

The Universal Declaration of Human Rights, Article 1 establishes universal solidarity as the foundation for human rights: “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood [and sisterhood].”

Around the world, civil society groups have expressed international solidarity in marches and social media campaigns to call for peace and the protection of civilians in armed conflict. Moreover, they have also expressed international solidarity in pursuit of non-discrimination and equality (the core elements of positive peace) by advocating access to justice, truth, protection, and humane treatment for: children, women, members of the LGBTAIQ+ community, persons affected by leprosy (Hansen’s disease), persons with disabilities, racialized, indigenous groups, and other minorities subjected to violence, hate speech, and discrimination, families of disappeared persons, refugees and migrants, victims of terrorism/violent extremism and counter-terrorism/violent extremism measures, and the environment.

The recent significant engagement of people of all ages and diverse backgrounds in the expression of international solidarity is a powerful affirmation of the value of human rights as a narrative of emancipation in response to violence, oppression, and marginalisation.

It is imperative that civil society actors not be subject to censorship and reprisals for their expression of international solidarity, including loss of funding, loss of employment, arrest, attack, harassment, persecution, criminalisation, or other forms of penalisation.

Actions and expressions that promote transnational unity, empathy, tolerance, and cooperation are the elements of a strong culture of international solidarity in support of peace and social progress.

The most striking impact of the contemporary expressions of international solidarity is their embrace of the principle of humanity – the demand to protect life and alleviate human suffering. The combination of these two universal principles underscores the priority of exhausting peaceful dispute resolution mechanisms before using force.

We call on the international community to encourage International Solidarity expressions of civil society groups and human rights defenders that acknowledge that everyone should enjoy human rights without discrimination of any type. States should open civic spaces and refrain from criminalising non-violent actions and expressions that promote international solidarity. International Solidarity should not be conflated with antisemitism, islamophobia, or other movements that are examples of exclusionary, segregated unitary orientations which violate non-discrimination and equality principles.

International Solidarity promotes inclusion through bridge-building and invites everyone to stand up for peace as a fundamental premise for the enjoyment of human rights.”

https://www.ohchr.org/en/statements/2023/12/support-civil-societys-international-solidarity-efforts-peace-un-experts

Posted in Human Rights Council, Human Rights Defenders | Leave a Comment »
Tags: Civil society, civil society activists, criminalisation, Human Rights Defenders, International Human Solidarity Day, joint statement, peace, reprisals, solidarity action, UN, UN Special Rapporteurs

NGO Statement on outcomes of the UNGA 78 Third Committee

November 23, 2023

14 NGOs that closely follow and engage with the General Assembly Third Committee have published a joint statement on outcomes of this 78th sessionp

The undersigned civil society organisations mark the conclusion of the UN General Assembly’s (GA) 78th Third Committee session with the following observations on both thematic and country-specific outcomes. We urge all States to implement the commitments they have made during this session to their full extent.

We welcome the joint statement on reprisals, led by Ireland and Uruguay and joined by a cross-regional group of countries. The statement called on all States and the UN to prevent, respond to, and ensure accountability for cases of intimidation and reprisals against those who engage or seek to engage with the UN. Once again, 80 States signed on to the statement, and affirmed their commitment to freedom of expression and association; solidarity with defenders, civil society and victims of violations; and contributed to ensuring that UN bodies and processes are informed by, and respond effectively to, the needs of communities on the ground. We urge more States to sign on to future such statements.

We welcome the adoption of the biennial resolution on human rights defenders focusing on the 75th anniversary of the Universal Declaration on Human Rights and the 25th anniversary of the UN Declaration on Human Rights Defenders. The resolution included strengthened language on women human rights defenders, defenders in conflict and post conflict situations and children defending human rights; as well as multiple and intersecting forms of discrimination and defenders’ work to develop new human rights ideas. We welcome calls on States to refrain from internet shutdowns and restrictions including digital technologies, as well as on OHCHR to collect information on threats, attacks and cases of arbitrary detention. We now look to all States to implement these commitments and meaningfully progress the protection of human rights defenders.

We welcome the adoption of a strong resolution on the safety of journalists. This resolution adds new commitments for States on a wide range of issues, including on strategic lawsuits against public participation (SLAPPs), journalists covering protests, and gender-based harassment and abuse. The resolution also recognised the growing threat of generative artificial intelligence to the safety of journalists. We urge all States to translate these renewed international commitments into allocation of resources and political will at the national level to prevent, protect and remedy all human rights violations against journalists.

A new resolution on the promotion and protection of human rights in the context of digital technologies was adopted, advancing discussion on artificial intelligence at a critical time as the Global Digital Compact attempts a similarly comprehensive exercise. The text brings the omnibus coverage of the various Human Rights Council resolutions to the Third Committee, highlighting intersections of digital technologies, human rights, security and sustainable development, and crucially recognising that certain applications of digital technologies are incompatible with international human rights law. The text included language on racial and gender-based discrimination, business and human rights, privacy, targeted surveillance, data protection, freedom of expression, censorship and internet shutdowns. We hope to build on this broad foundation and strengthen elements on targeted surveillance, commercial spyware, biometric data in digital public infrastructure, and applications of artificial intelligence in future resolutions.

The resolution on terrorism and human rights adopted by consensus underscores the importance of the promotion of human rights and meaningful participation of all of society in counter-terrorism efforts nationally and globally. This resolution offered an opportunity to reflect on changes in State violations in the name of counter-terrorism or national security, and to build on language on gender inclusivity, civil society engagement and the importance of international humanitarian law and humanitarian access included in the recent UN Global Counter-Terrorism Strategy and report by the Special Rapporteur on human rights and counter terrorism. However, as the resolution was a technical rollover from GA76, we regret that this opportunity was not seized this session and hope that future resolutions will build upon these advancements.

We welcome the adoption of the resolution on strengthening the role of the UN in the promotion of democratization and enhancing periodic and genuine elections, focusing on media freedom and freedom of expression, presented by the US. The role of human rights defenders, as well as States’ obligation to ensure the right of all to participate in elections and to take steps to eliminate policies and practices discriminating on various grounds was maintained in the text. Critically, for the second time, the text recognised women and girls in all their diversity, and listed sexual orientation and gender identity as prohibited grounds of discrimination; despite votes being called to amend those references. Consensus was broken on the resolution for the first time, but was ultimately adopted by an overwhelming majority.

We welcome the adoption by consensus of the resolution on the rights of Indigenous Peoples. We specifically welcome calls on States to ensure the protection and safety of indigenous human rights defenders, and to prevent and investigate human rights violations, killings, reprisals and abuses against them.

The rights of the Child resolution, focusing on the digital environment, was adopted by consensus. Despite the timeline precluding a full consideration of the lengthy text and risking an imbalanced update, we welcome the co-facilitators’ decision to open the full text for negotiation, to include updates related to the theme and references to General Comments 25 and 26 of the Committee on the Rights of the Child. We welcome retention of agreed language, and updates, including: bridging digital divides; protection from violence, harassment and abuse in the digital environment; access to information and impacts of digital acceleration on education access; sexual and reproductive health; multiple and intersecting forms of discrimination; and private sector responsibilities. We are disappointed however by decisions to delete agreed language on the full, equal and meaningful participation of girls, delete paragraphs on COVID-19 that resulted in lost language on children’s rights, to remove language on specific challenges facing girls, and to include new non-agreed language on the common responsibilities of parents.

Gender related resolutions

The resolution on policies and Programmes Involving Youth presented by Cabo Verde, Kazakhstan and Portugal, was adopted by consensus. The zero-draft was slimmed down in a streamlining exercise, leading to the exclusion of human rights frameworks and a focus on reinserting previously agreed language. We are pleased that references to multiple and intersecting forms of discrimination, sexual and gender based violence, sexual and reproductive health services, menstrual health, comprehensive education and human rights frameworks were retained. However we regret that despite significant support from Member States, agreed language from the previous resolution on sexual and reproductive health and rights, menstrual hygiene management, marginalised persons and situations, comprehensive sexuality education, as well as references to adolescents were not included in the final text.

We welcome the adoption by consensus of the resolution on the human rights to safe drinking water and sanitation (WASH), presented by Germany and Spain, that included new references to menstrual health and hygiene management, sexual and reproductive health-care services, and sexual and gender-based violence. Language was maintained on the stigmatising effect of lack of menstrual health and hygiene management on young women and girls; as well as inequalities caused by COVID-19 in accessing adequate WASH services especially for women, girls and persons in vulnerable situations, adversely impacting gender equality and women’s empowerment. We regret that, despite significant support, references to multiple and intersecting forms of discrimination and sexual and gender-based violence were either omitted or diluted in the final text, neglecting the need to comprehensively address various forms of violence and discrimination women and girls face when accessing water and sanitation.

We welcome the adoption by consensus of the violence against women migrant workers resolution presented by Indonesia and the Philippines. The resolution includes new references to gender-based violence through digital technologies, particularly impacting women migrant workers in transit and in destination countries; as well as root causes of migration, including climate change, the availability of equitable work and inequitable ownership of local resources, which undermine women’s empowerment. Strengthened recognition of domestic and care migrant workers as a particularly vulnerable group who can face exploitation, violence, and abuse due to the informal nature of their employment was included. We regret that despite significant support, additional references to sexual and reproductive health, intimate partner violence, and multiple and intersection forms of discrimination were omitted in the final text. We echo the resolution’s call to all Member States to protect all migrant women from harassment and violence, regardless of migration status.

The resolution on the Girl Child, presented by the Southern African Development Community (SADC), was adopted by consensus. We welcome the retention of agreed language, as well as the theme proposed for the Secretary General’s Report to the eightieth GA session on the impact of digital technologies on girls, and related language updates. However, we deeply regret that the circulation of the text did not allow sufficient time for a comprehensive and substantive update. We are disappointed that the only other update to the text was the unprecedented inclusion of language on family-oriented and family-policies. In the absence of references to other policies that aim to realise the rights of girls in all their diversity, this new inclusion results in an imbalanced text that fails to fully recognize and address the challenges they face. Given the rapidly changing global landscape for girls and that last substantive revision of this text was in 2017, a comprehensive update to this resolution remains crucial.

The resolution on rural women was adopted by consensus and co-sponsored by more than 60 Member States. We welcome the retention of agreed language that recognizes the impact of historical and structural power relations, gender stereotypes and negative social norms on the achievement of gender equality and the empowerment of women and girls, particularly those living in rural areas. We also welcome that the resolution urges Member States to implement policies and programs that promote and protect the human rights of women and girls, address sexual and gender-based violence and multiple intersecting forms of discrimination, and strengthen measures to ensure universal access to sexual and reproductive health and reproductive rights. We, however, deeply regret that several proposals to further strengthen the resolution that were supported by many Member States were not retained in the final draft including on the particular challenges women and girls living in rural areas face in accessing sexual and reproductive health services, and references to women and girls in all their diversity.

The resolution on follow up to the Beijing Declaration and Platform for Action presented by Bangladesh was adopted by consensus. We welcome the text, which includes new references to the high-level meeting on universal health coverage, the universality of the 2030 agenda and their role in achieving gender equality, and to the UN system-wide Knowledge Hub on addressing sexual harassment. It also calls for a high-level meeting at the 80th General Assembly to celebrate the 30th anniversary of the Fourth World Conference on Women, and to accelerate the realisation of gender equality and the empowerment of all women and girls. We regret that proposed text on multiple and intersecting forms of discrimination and on the importance of the realisation of sexual and reproductive health and reproductive rights was not included in the final document.

COUNTRY SITUATIONS

The joint statement on the human rights situation in Xinjiang, China delivered by the UK on behalf of a cross-regional group of 51 countries is a strong message to Chinese authorities regarding growing concerns about abuses against Turkic Muslim communities. This year, there are new signatories from several regional groups. The statement emphasises the serious human rights violations Uyghurs and other Turkic Muslim communities continue to suffer in Xinjiang, and echoes the UN Office of the High Commissioner for Human Rights’ August 2022 report, which concluded that the abuses ‘may constitute international crimes, in particular crimes against humanity.’ The statement notes that a year has passed since the release of the OHCHR report, and China has yet to engage constructively with its findings. It urges China to end its human rights violations, engage constructively with the OHCHR, and fully implement the reports’ recommendations. With only one more State signature than the 2022 joint statement, work remains to be done to ensure broader support from Member States to hold China accountable for its human rights violations including from Muslim-majority countries.

Resolutions

While we support the below resolutions that highlight violations of human rights in specific countries, we acknowledge the existence of human rights violations in many other countries that also merit the attention of the UN General Assembly and look forward to a time when they are also considered in the Third Committee.

The resolution on the human rights situation in the Islamic Republic of Iran was adopted following a vote (80 in favour; 65 against; 29 abstentions). Initiated by Canada and a core group and cosponsored by 50 countries, this comprehensive resolution calls on Iran to uphold the rights of all citizens. It specifically calls on Iran to prohibit child, early and forced marriage, female genital mutilation, children being subject to the death penalty, torture and other inhuman treatment. It condemns fundamental rights violations, the frequent imposition of the death penalty, intensified and targeted repression of women and girls, the use of surveillance and force against non violent protesters, and poor prison conditions. It also calls for an end to all discrimination and violations against ethnic, linguistic and other minorities as well as recognized and unrecognised religious minorities, including Baha’is who continue to suffer various violations including persecution, mass arrests, lengthy prison sentences.

We welcome the adoption of the resolution on the situation of human rights in the Syrian Arab Republic. We particularly welcome new references to the victim- and survivor-centric Independent Institution on Missing Persons, a mechanism established by the UN General Assembly this June, to help clarify the fate and whereabouts of all missing persons in Syria. However, we are disappointed that the resolutions’ co-sponsors orally amended the text to remove a critical paragraph that would have mandated a regular report on humanitarian access in the country. Not only would this report have specifically highlighted instances where humanitarian access was not full, timely, unrestricted or sustained; it would have filled a gap left by the failure to renew the Security Council-mandated cross-border humanitarian mechanism earlier this year.

The consensus adoption of the resolution on the human rights situation in the Democratic People’s Republic of Korea (DPRK) demonstrates that Member States remain deeply concerned about the appalling abuses committed by the DPRK authorities. We welcome in particular the inclusion of language on accountability. We also welcome language stressing the linkages between the human rights situation in the country, including with respect to the rights of women and girls, and the continuing diversion of DPRK’s resources to pursuing nuclear weapons and ballistic missile programmes over the welfare of its people.

The resolution on the situation of human rights of Rohingya Muslims and other minorities in Myanmar, which was adopted by consensus, once again does not reiterate key elements of the 2021 UNGA resolution which followed the military coup in February 2021. The resolution fails to comprehensively address ongoing and escalating human rights violations by the military, despite the Special Rapporteur on Myanmar’s warning that a ‘raging fire of brutality’ is engulfing the country. The resolution however recognizes the impacts of militarization aggravated by the continued access to arms from abroad, reiterates protection needs of the Rohingya and calls for all necessary measures to be taken to provide justice to victims and ensure accountability.

The resolution on the situation of human rights in the temporarily occupied territories of Ukraine, including the Autonomous Republic of Crimea and the city of Sevastopol was adopted by vote. The resolution strongly condemns intensifying crackdowns against journalists and other media workers, human rights defenders and civil rights activists, as well as forcible transfers of Ukrainian children and other civilians to the temporarily controlled or occupied territories of Ukraine and their deportation to the Russian Federation. The resolution further calls on Russia to cease all violations and abuses, including discriminatory measures and practices, arbitrary detentions and arrests within the framework of the so-called filtration procedures, enforced disappearances, torture, sexual and gender-based violence, including compeling apprehended persons to self-incriminate or ‘cooperate” with law enforcement, ensure fair trial, and revoke all discriminatory legislation.

CIVIL SOCIETY ACCESS While we welcome the action by some States to invite civil society organisations to join informals as observers this session, it was disappointing that only a few States extended this invitation. This year, once again, civil society encountered challenges in staying informed about informal negotiations. The schedule of these informal sessions, previously available in the UN journal until 2019, was once again absent from the said journal. Instead, it was exclusively published on the e-deleGATE platform, to which civil society does not have 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.

SIGNATORIES

Access Now

Amnesty International

ARTICLE 19

Association for Progressive Communications – APC

Center for Reproductive Rights

CIVICUS

Fòs Feminista

Global Centre for the Responsibility to Protect

Human Rights in China

Human Rights Watch

International Center for Not-for-Profit Law

International Service for Human Rights

Outright International

Women Deliver

https://ishr.ch/latest-updates/joint-civil-society-statement-on-outcomes-of-the-unga-78-third-committee/

Posted in ISHR, UN | Leave a Comment »
Tags: China, Human Rights Defenders, Iran, joint statement, journalists, NGOs, reprisals, Resolution, Third Committee of the GA

10th Asian Regional Human Rights Defenders Forum promotes Courageous Voices

November 10, 2023

On 3 November 2023 the 10th Asian Regional Human Rights Defenders Forum concluded:

Judicial harassment was the most common violation experienced by human rights defenders (HRDs) in Asia from 2021 to 2022.
State actors–such as the police–were the top perpetrators.
The forum coincides with the 25th anniversary of the UN Declaration on Human Rights Defenders, which requires states to protect HRDs. Nevertheless, violations against HRDs still persist in Asia.
HRDs call for stronger mechanisms for protecting and creating an enabling environment for human rights work.

This collective call echoed throughout the 10th Asian Regional Human Rights Defenders Forum, which brought together some of Asia’s most courageous voices.

Held from 1 to 3 November 2023 in Kuala Lumpur, Malaysia, the forum provided a platform for over 200 human rights defenders (HRDs) to discuss their shared advocacies, struggles, and hopes for promoting and protecting fundamental rights and freedoms across Asia and beyond.

The forum expressed deep concern on the situation in Occupied Palestine Territory and Israel, particularly the indiscriminate bombing and military operations in Gaza by Israel that bears hallmarks of genocide. Participants called for an immediate ceasefire and end to the ongoing siege of Gaza by Israel as well as for unfettered access for humanitarian aid to Gaza. Likewise, defenders called for accountability and an investigation into the alleged war crimes and crimes against humanity committed by both Israeli military forces and Palestinian armed groups.

The forum also celebrated the invaluable work of HRDs, emphasising the need for innovative ways of supporting them amid increasingly hostile environments in the region.

In addition, an art exhibit was set up to commemorate the courageous acts of Asian human rights defenders while also showcasing the creativity of young Asian artists, highlighting the power of arts and storytelling as advocacy tools.

The three-day forum was organised by the Asian Forum for Human Rights and Development (FORUM-ASIA) alongside Pusat KOMAS and Suara Rakyat Malaysia (SUARAM).

Violations against human rights defenders

This year’s forum coincided with the 75th anniversary of the Universal Declaration on Human Rights and the 25th anniversary of the UN Declaration on Human Rights Defenders. The latter requires states to protect HRDs in recognition of their crucial contributions to ‘peace, sustainable development, and human rights.’

Unfortunately, violations against HRDs still persist in Asia.
In 2021 and 2022 alone, FORUM-ASIA documented 1,636 cases of violations which affected 4,440 defenders–alongside their families, organisations, and communities–across 22 monitored Asian countries. The exact numbers, however, may be higher as cases often go unreported.

Judicial harassment was the most common violation, followed by arbitrary arrests and detention, physical violence, and intimidation and threats. At worst, such cases may result in enforced disappearances, killings, and deaths. Other violations included administrative harassment, restrictions on movement, surveillance, vilification, and abduction.
Among all HRDs, pro-democracy defenders were at most risk. Meanwhile, women human rights defenders and sexual orientation and gender identity rights defenders often experienced gender-based harassment. Community-based defenders–including land and environment defenders, indigenous peoples’ rights defenders, and grassroot activists were the third most affected group. Other targeted HRD groups included media workers, students and youth, non-governmental organisations, and minority rights defenders.

Most violations were committed by state actors, with the police topping the list of perpetrators.

Among those who have experienced judicial harassment are FORUM-ASIA members Khurram Parvez in Kashmir, Adilur Rahman Khan in Bangladesh, Cristina Palabay in the Philippines, among many others. FORUM-ASIA is in solidarity with all the defenders facing harassment.

‘I want to emphasise that the government recognizes that human rights defenders and civil society organisations play an indispensable role in advocating for the rights and concerns of marginalised communities. They act as watchdogs, exposing injustices, discrimination, and human rights violations that might otherwise go unnoticed,’ Malaysian Minister of Science, Technology, and Innovation YB Chang Li Kang said during the forum.

Despite the many challenges, HRDs in Asia are not giving up.

‘Indeed, we are stronger together. This year alone, human rights defenders and organisations have overcome tremendous challenges in the region. We are never keeping silent, we will continue to demand justice and accountability not only here in Malaysia but across Asia and beyond,’ said Jerald Joseph, Chairperson of FORUM-ASIA and Director of Pusat KOMAS.

For the latest forum’s report, see: https://humanrightsdefenders.blog/2021/10/05/report-on-forum-asias-9th-asian-human-rights-defenders-forum/

www.forum-asia.org

https://forum-asia.org/?p=38834

Posted in Human Rights Defenders | Leave a Comment »
Tags: asian region, Asian Regional Human Rights Defenders Forum, Forum Asia, Human Rights Defenders, Jerald Joseph, joint statement, Malaysia

The sad story of Nasta Loika, human rights defender behind bars in Belarus

November 7, 2023

A group of human rights organisations, including the World Organisation Against Torture (OMCT) and FIDH (see Co-signatories), called on 27 October 2023 for the release of the human rights defender Nasta Loika after more than 396 days of her detention.

Nasta Loika is a prominent human rights defender, one of the founders of Human Constanta. For years, she has been promoting human rights education, raising awareness about the repressive “anti-extremist” legislation in Belarus, and protecting foreign citizens and stateless persons in Belarus. She was named Human Rights Defender of the Year 2022 by the Belarusian human rights community. Yet, in the eyes of the repressive Belarusian authorities, she is a criminal and earlier in October, the government put her on a “terrorist” list.

Since 6 September 2022, Nasta has served a total of six 15-day consecutive administrative sentences on trumped-up “petty hooliganism” charges. On 24 December 2022, she was charged with “incitement of racial, national, religious or other social enmity or discord” under notorious Article 130 of the Criminal Code of the Republic of Belarus and on 20 June sentenced to 7 years in prison. [see also: https://humanrightsdefenders.blog/2023/08/11/nasta-anastasia-loika-in-belarus-sentenced-to-7-years-in-a-penal-colony/]

She was tasered, threatened, and featured in a forced “confession” video as a form of digital degrading treatment which was spread across pro-government channels before she was even charged. Her home was searched two times. Her mother’s home was searched too. She spent 93 days in detention, repeatedly sentenced to “administrative arrests” while the authorities looked for a reason to bring criminal charges against her. The charge was ultimately found, and Nasta was accused of inciting hatred for preparing a human rights report in 2018 on the persecution of anarchists and leftists in Belarus. According to the prosecution, the group she was allegedly inciting hatred against was the police.

Belarusian state authorities continued to ignore both the letter of allegation sent by five Special Rapporteurs and the Working Group on Arbitrary Detention following Human Constanta’s appeal to these mandates, as well as the decision on interim measures, adopted by the Human Rights Committee in Nasta’s case.

Her lawyers were repeatedly arrested, disbarred, forced out of the country, and intimidated – hardly a surprising occurrence given en masse persecution of independent lawyers and outlawing of human rights work in Belarus. Disbarment of human rights lawyers is one of the tools the authorities consistently employed to intimidate and persecute lawyers who represent human rights defenders, activists, democratic politicians, and survivors of torture and state-perpetrated human rights violations.

Any assistance to Nasta is punished as well: two people were arrested for 15 and 30 days for bringing her parcels with food and essentials. Now that she has been sentenced, she is only able to receive parcels from her 76-year-old mother, her only family member. Moreover, as she was designated a “terrorist,” it would be impossible to make monetary transfers as those would be characterized as “financing terrorism.”

Nasta also continues her human rights work from behind bars: she helped dozens of other women cellmates to file complaints related to their cases. She also drafted a concept of prison reform in Belarus. This is a powerful reminder that persecution and imprisonment cannot force human rights defenders to stop their work.

In fact, their voices can be amplified not just through letters, but through technology and social media. While the authoritarian government is set on silencing human rights defenders, the Human Constanta team used AI to create Nasta’s animated digital avatar to raise awareness about human rights violations and political persecution of human rights defenders, demand accountability, and support those in detention. The “Human Show” podcast called “Waiting for Nasta” featuring her colleagues and friends also reminds the world about her work and unjustified detention.

“A young girl came up to me [at an event in honor of a human rights award] and said: “Hello, my name is Nasta. I graduated from law school, I’ve entered law school, and I would really like to do human rights work, but I don’t know how. Maybe you could give me some advice?” […] I told her, yes, of course, come to our Committee. She came to the Committee a couple of days later and we hired her. That became her first human rights work.”

Excerpt from “Waiting for Nasta” podcast, episode 1

“And then I asked, “Do you know exactly what you’re doing? This may be the last chance [to flee Belarus].” And Nasta replied very calmly that she was aware of all the risks, that she understood the situation, and that it was not blind stubbornness. In my mind, Nasta lives her life as a person with very high values, who is ready to stand by them to the end.”

Excerpt from “Waiting for Nasta” podcast, episode 2

We call on the Belarusian authorities for Nasta Lojka’s immediate and unconditional release and condemn the physical and psychological torture Nasta was subjected to by state agents. Nasta Lojka’s arrest, torture, and imprisonment are retaliation by the Belarus government for her peaceful and legitimate human rights work.

We continue to call upon the international community to take measures to urge the Belarusian authorities to respect their obligations towards human rights defenders, by raising awareness in various fora, publicly condemning human rights violations, requesting visits to human rights defenders in detention, and inquiring with the Belarusian authorities about their health and detention conditions, demanding the release of imprisoned human rights defenders in bilateral and multilateral fora, exploring additional targeted measures against the individuals allegedly responsible for the torture, ill-treatment, arbitrary detention and harassment of human rights defenders, and keeping the situation of defenders in Belarus high on the political agenda.

We also call to utilize and explore available mechanisms for holding the Belarusian authorities account for human rights abuses against human rights defenders, inter alia, by means of extraterritorial and universal jurisdiction and inter-state complaints under relevant treaties, and through strengthening existing accountability mechanisms.

https://www.fidh.org/en/region/europe-central-asia/belarus/belarus-nasta-loika-human-rights-defense-behind-bar

Posted in human rights | 3 Comments »
Tags: Belarus, Human Rights Committee, Human rights defender, illegal detention, joint statement, Nasta Loika, NGOs, Observatory for the Protection of Human Rights Defenders, podcasts, special rapporteurs, woman human rights defender

Hans Thoolen on Human Rights Defenders and their awards