Posts Tagged ‘membership UN human rights council’

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

June 15, 2018

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

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

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

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

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

Other thematic reports

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

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

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

Country specific developments

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

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

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

Other country situations include: 

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

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

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

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

Panel discussions

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

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

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

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

UN rapporteurs decry Saudi Arabia’s use of anti-terror laws against human rights defenders

January 3, 2018

Independent Expert on Human Rights Michel Forst. Photo: Jean-Marc Ferré

On 2 January 2018 a group of four UN Special Rapporteurs (Michel ForstMr.  David Kaye, Ahmed Shaheed and Fionnuala D. Ní Aoláin) joined by José Antonio Guevara Bermúdez, Chair-Rapporteur of the Working Group on Arbitrary Detention) deplored Saudi Arabia’s continued use of counter-terrorism and security-related laws against human rights defenders and urged the release of all those detained for peacefully exercising their rights.

We are witnessing the persecution of human rights defenders for peacefully exercising their rights to freedom of expression, assembly, association and belief, as well as in retaliation for their work. The Government has ignored repeated calls by UN experts and others to halt these violations, rectify them, and prevent their recurrence.”

More than 60 prominent religious figures, writers, journalists, academics and civic activists are reported to have been detained in a wave of arrests since September, adding to a list of past cases which had already been raised by UN experts with the Government. “We have written to the Government requesting detailed information about these numerous arrests on terrorism, cyber-crime or any other state security-related charges during that period,” the experts said.

The experts noted that they are also seeking government clarification about how these measures are compatible with Saudi Arabia’s obligations under international human rights law, as well as with the voluntary pledges and commitments it made when seeking to join the UN Human Rights Council. “Despite being elected as member of the Human Rights Council at the end of 2016, Saudi Arabia has continued its practice of silencing, arbitrarily arresting, detaining and persecuting human rights defenders and critics,” they said.

In addition to previous cases and new arrests since September, the experts pointed to the country’s failure to implement two recent opinions of the UN Working Group on Arbitrary Detention, calling for “the release of all the human rights defenders concerned in these cases.”

See also: https://humanrightsdefenders.blog/2017/02/28/saudi-arabia-imprisoned-waleed-abu-al-khair-receives-another-human-rights-award/

http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22570&LangID=E

HRC elections – How do the candidates for 2018 rate? 11 September events.

September 2, 2017

In advance of the Human Rights Council elections that will take place this October for the membership term 2018-2020, Amnesty International and the International Service for Human Rights will hold pledging events for candidate States in Geneva and New York on 11 September 2017. The events, which will be co-sponsored by a cross-regional group of Permanent Missions, are intended to give candidates an opportunity to present their vision for Council membership and to respond to questions from a range of stakeholders on how they would realise the pledges and commitments they may have made in seeking election.
If you can’t make it, you can follow the event live on ISHR YouTube channel: https://www.youtube.com/user/ISHRGlobal and submit questions to the candidates via Twitter using #HRCPledging.

Make sure to also check out the scorecards, for an ‘at-a-glance’ comparison of the candidates, focusing on their coöperation with the Council, their support for civil society, their engagement with UN treaty bodies and special procedures, whether they have spoken out in concern about reprisals, and whether they have established a national human rights institution:

please RSVP by 4 September using the following links:

  • New York event RSVP 
  • Geneva event RSVP 

Source: HRC elections | How do the candidates for 2018 rate? | ISHR

US Ambassador Nikki Haley on what has to change in the UN Human Rights Council

June 7, 2017

On 6 June 2017 the U.S. Permanent Representative to the United Nations,  Nikki Haley, made a speech at the the Graduate Institute of Geneva on “A Place for Conscience: the Future of the United States in the Human Rights Council”.  The full text you can find in the link below. Here some of the most relevant parts concerning changes desired by the USA ……
When the Human Rights Council has acted with clarity and integrity, it has advanced the cause of human rights. It has brought the names of prisoners of conscience to international prominence and given voice to the voiceless. At times, the Council has placed a spotlight on individual country violators and spurred action, including convening emergency sessions to address the war crimes being committed by the Assad regime in Syria. The Council’s Commission of Inquiry on North Korea led to the Security Council action on human rights abuses there. The Council is at its best when it is calling out human rights violators and abuses, and provoking positive action. It changes lives. It pushes back against the tide of cynicism that is building in our world. And it reassures us that it deserves our continued investment of time and treasure.

But there is a truth that must be acknowledged by anyone who cares about human rights: When the Council fails to act properly – when it fails to act at all – it undermines its own credibility and the cause of human rights. ……These problems were supposed to have been fixed when the new Council was formed. Sadly, the case against the Human Rights Council today looks an awful lot like the case against the discredited Human Rights Commission over a decade ago. Once again, over half the current member countries fail to meet basic human rights standards as measured by Freedom House. Countries like Venezuela, Cuba, China, Burundi, and Saudi Arabia occupy positions that obligate them to, in the words of the resolution that created the Human Rights Council, “uphold the highest standards” of human rights. They clearly do not uphold those highest standards.

…….

I dedicated the U.S. presidency of the Security Council in April to making the connection between human rights and peace and security. [see also https://humanrightsdefenders.blog/2017/04/20/us-pushes-for-historic-human-rights-debate-at-security-council-but-achieves-little/]

This is a cause that is bigger than any one organization. If the Human Rights Council is going to be an organization we entrust to protect and promote human rights, it must change. If it fails to change, then we must pursue the advancement of human rights outside of the Council.America does not seek to leave the Human Rights Council. We seek to reestablish the Council’s legitimacy.

There are a couple of critically necessary changes.

First, the UN must act to keep the worst human rights abusers from obtaining seats on the Council. As it stands, elections for membership to the Council are over before the voting even begins. Regional blocs nominate slates of pre-determined candidates that never face any competition for votes……Selection of members must occur out in the open for all to see. The secret ballot must be replaced with open voting. Countries that are willing to support human rights violators to serve on the Human Rights Council must be willing to show their faces. They know who they are. It’s time for the world to know who they are.

Second, the Council’s Agenda Item Seven must be removed. This, of course, is the scandalous provision that singles out Israel for automatic criticism. There is no legitimate human rights reason for this agenda item to exist….Since its creation, the Council has passed more than 70 resolutions targeting Israel. It has passed just seven on Iran. ….Getting rid of Agenda Item Seven would not give Israel preferential treatment. Claims against Israel could still be brought under Agenda Item Four, just as claims can be brought there against any other country. Rather, removal of Item Seven would put all countries on equal footing.

These changes are the minimum necessary to resuscitate the Council as a respected advocate of universal human rights……

Source: Ambassador Nikki Haley: Remarks at the Graduate Institute of Geneva » US Mission Geneva

Surprise: Russia loses seat on UN Human Rights Council by 2 votes

October 29, 2016

Russia was defeated in its bid to be re-elected as a member of the UN’s Human Rights Council. But only just: Russia lost to Croatia by just two votes with Hungary claiming the Eastern Europe region’s other remaining seat. Many human rights groups had campaigned against the membership of Russia, China and others such as Saudi Arabia, but the problem is that the UN General Assembly only has a choice when the regional allotment has more candidates than seats. Saudi Arabia was re-elected as one of the four Asia-Pacific region countries to run for that region’s four allocated slots. Human Rights Watch’s UN director, Louis Charbonneau said that the vote “also shows how important it is to have competitive slates in UN elections. Countries should have a chance to reject those whose candidacies are so severely compromised, as they did today.

Read the rest of this entry »

Enough is enough: NGOs call for Burundi suspension from UN Human Rights Council

October 26, 2016

In an open letter to the UN members states, dated 26 October 2016,  twelve NGOs, coming from all regions, call for the suspension of Burundi from the Human Rights Council given the combination of its flagrant refusal to coöperate with the Council and the gross and systematic violations of human rights occurring in the country. [see also: https://thoolen.wordpress.com/2016/02/08/what-is-burundi-doing-in-the-un-human-rights-council/]. Here the main points: Read the rest of this entry »

What is Burundi doing in the UN Human Rights Council?

February 8, 2016

Burundi is still one of the basket cases in Africa and since my lats post nothing has improved [https://thoolen.wordpress.com/2015/11/10/burundi-what-more-early-warning-does-one-need/].  The Special Session of the Human Rights Council in December 2015 mandated the High Commissioner for Human Rights to put together an expert mission to Burundi, to investigate abuses and make recommendations to the Council and the Burundian government on ways of ending serious human rights violations. But the follow-up is below par: Read the rest of this entry »

Some States have the courage to set out their commitments as members of the Human Rights Council

July 17, 2014

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and

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have successfully co-hosted for the third time an event where candidate countries for the UN Human Rights Council have voluntarily shown up to set out their views and commitments in case they would be elected. ‘We are delighted to see more and more States prepared to participate in what is becoming an annual event, said Eleanor Openshaw of the ISHR. We would encourage all State candidates to see this as an opportunity to speak about their vision and commitments as members of the Council and, through their participation, to demonstrate the kind of transparency and accountability that should be expected of all Council members.  Ahead of elections to the UN Human Rights Council in November by the GA, seven candidate States have subjected themselves to public questioning, at the event hosted at UN Headquarters by the 2 NGOs and the missions of Tunisia and Uruguay.

Albania, Bolivia, Botswana, Costa Rica, Latvia, The Netherlands and Portugal elaborated on their pledges and were questioned on how they would work as members of the Council to challenge human rights violations and uphold the credibility of the Council. It is a pity that the other 10 candidates did not (yet) have the courage to join.

The protection of human rights defenders featured prominently in the discussion, with the Netherlands Human Rights Ambassador, Lionel Veer, describing human rights defenders as agents of change and calling for stronger recognition and protection of their work under both national and international law.  Building on this, all speakers affirmed their State’s commitment to the protection of defenders, with Albania and Bolivia committing to support and strengthen civil society engagement with the UN and Costa Rica pledging to support the right of peaceful protest. Botswana was explicit about its commitment to prevent and ensure accountability for reprisals and to work for the endorsement of Human Rights Council Resolution 24/24, adoption of which by the General Assembly would provide for the appointment of a high-level UN focal point to combat reprisals. We welcome the statements and commitments made by States to protect the work of human rights defenders and support robust civil society engagement with the UN, said Ms Openshaw. This is a recognition of the crucial role played by defenders in holding States to account for their human rights obligations at both the national and international levels.

A webcast of the event is available here: http://webtv.un.org/watch/human-rights-council-elections-a-discussion-of…-aspirations-and-vision-for-membership/3676385473001/.

via States set out their vision and commitments as members of the Human Rights Council | ISHR.

Reprisals against Human Rights Defenders breach obligations as Human Rights Council member

April 29, 2014

In a post dated 13 March 2014, I suggested the possibility of suspending the membership of countries in the Human Rights Council in case of serious reprisals against human rights defenders who coöperate with the UN. [https://thoolen.wordpress.com/2014/03/13/zero-tolerance-for-states-that-take-reprisals-against-hrds-lets-up-the-ante/].  The backdrop to this admittedly far-reaching proposal Read the rest of this entry »