A long-delayed but groundbreaking United Nations report published on August 31, 2022, says the Chinese government has committed abuses that may amount to crimes against humanity targeting Uyghurs and other Turkic communities in the Xinjiang region. The report by the outgoing UN High Commissioner for Human Rights, Michelle Bachelet, contains victim accounts that substantiate mass arbitrary detention, torture, cultural persecution, forced labor, and other serious human rights violations, and recommends that states, businesses, and the international community take action with a view to ending the abuses, and advancing justice and accountability. See also: https://humanrightsdefenders.blog/2022/06/09/disappointment-with-un-high-commissioners-visit-to-xinjiang-boils-over/
“The UN human rights chief for the first time lays bare the Chinese government’s grave abuses and concludes they may amount to crimes against humanity,” said John Fisher, Global Advocacy Deputy Director at Human Rights Watch. “Victims and their families whom the Chinese government has long vilified have at long last seen their persecution recognized, and can now look to the UN and its member states for action to hold those responsible accountable.”
The high commissioner’s report challenges the Chinese government’s blatant disregard for its international human rights obligations, Human Rights Watch said. It calls on businesses to meet their responsibilities to respect human rights, and for follow-up by UN member countries and bodies, which could take the form of an investigation to interview victims and survivors, identify those responsible, gather evidence, and recommend strategies for accountability. Similar recent UN Human Rights Council mechanisms have included commissions of inquiry, fact-finding missions, and independent international monitoring missions. This could also lead to the identification of all those missing and forcibly disappeared so that they can be reunited with their families.
The report should be formally presented to the Human Rights Council as a matter of priority, Human Rights Watch said, so that states can discuss the report’s findings and take the steps needed to implement its recommendations.
In the report, the high commissioner details widespread abuses, including targeting of cultural and religious practices, family separation, arbitrary arrests and detention, rape, torture, and enforced disappearances, across Xinjiang. The report concludes that “[t]he extent of arbitrary and discriminatory detention of members of Uyghur and other predominantly Muslim groups, pursuant to law and policy, in context of restrictions and deprivation more generally of fundamental rights enjoyed individually and collectively, may constitute international crimes, in particular crimes against humanity.”
Detainees interviewed for the report described conditions in so-called “vocational training centres” that would amount to torture or other forms of ill-treatment, including “being beaten with batons, including electric batons while strapped in a so-called “tiger chair”; being subjected to interrogation with water being poured in their faces; prolonged solitary confinement; and being forced to sit motionless on small stools for prolonged periods of time.”
The report noted that Chinese authorities continue to openly criticize victims and their relatives now living abroad for speaking about their experiences in Xinjiang, engaging in acts of intimidation, threats, and reprisals. In the words of one interviewee: “We had to sign a document to remain silent about the camp. Otherwise, we would be kept for longer and there would be punishment for the whole family.”
The report also draws on analyses of Chinese laws, regulations, and policies. The findings are consistent with those of academics, journalists, and human rights organizations, published since 2017 documenting grave international crimes. In the past five years, Human Rights Watch has documented mass arbitrary detention, pervasive surveillance, and crimes against humanity across the region.
The high commissioner has been systematically assessing a growing body of evidence regarding Chinese government human rights violations targeting Uyghurs and other Turkic communities. Treaty body reviews and reports from UN human rights experts also informed the new report, reinforcing concerns about secret detention and unlawful family separations, among other violations.
In June 2020, 50 UN human rights experts urged the Human Rights Council to establish an independent UN mandate to monitor and report on human rights violations in China, partly in response to Chinese government resistance to UN human rights scrutiny. In June 2022, another group of UN experts reiterated the 2020 statement and again urged Chinese authorities to grant them access to investigate “allegations of significant human rights violations and repression of fundamental freedoms in the country.”
In May, Bachelet visited China, despite being unable to travel or engage with interlocutors freely, and had little direct engagement with affected communities. In an end-of-mission statement delivered on May 28, Bachelet underlined that the visit was not an investigation, which she noted would require “detailed, methodical, discreet work of an investigative nature.” The new report lays a solid foundation for further UN and Human Rights Council action towards accountability in China.
“Never has it been so important for the UN system to stand up to Beijing, and to stand with victims,” Fisher said. “Governments should waste no time establishing an independent investigation and taking all measures necessary to advance accountability and provide Uyghurs and others the justice they are entitled.”
Amnesty International’s Secretary General Agnès Callamard said:
“This 46-page document lays bare the scale and severity of the human rights violations taking place in Xinjiang – which Amnesty International previously concluded amounted to crimes against humanity. There can be little doubt why the Chinese government fought so hard to pressure the UN to conceal it.
The world must be made a safer place for people working to protect the planet, who sometimes pay with their own lives for their activism, UN Human Rights High Commissioner Michelle Bachelet said on Tuesday 1 March 2022. “Protecting the environment goes hand-in-hand with protecting the rights of those who defend it,” she told the UN Human Rights Council in Geneva, which is holding its annual month-long session.
Ms. Bachelet revealed how speaking out and standing up for environmental rights can come at enormous cost as activists have been killed or subjected to abuse, threats and harassment.
“At particular risk are people who speak out against deforestation, extractives, loss of cultural heritage or identity, or large scale-agribusinesses and development projects – including those intended to produce clean energy, such as mega dams,” she said. Many environmental human rights defenders are also indigenous peoples, or members of local communities or minority groups – or those representing them.
“In addition, it is critical that States effectively regulate businesses and hold them accountable for human rights violations,” she said, while corporations also have a similar duty, as outlined in the UN Guiding Principles on Business and Human Rights.
Ms. Bachelet advised that prior to undertaking any climate project, both governments and businesses must carry out human rights risk assessments.
“If indigenous peoples’ rights are at risk of being adversely affected by such projects, it is crucial that their free, prior and informed consent is obtained,” she said.
The UN rights chief also reported on some of the global work of her staff. “All around the world, my Office is committed to supporting States, businesses and environmental human rights defenders in all of their efforts to protect our planet,” she said.
For example, over 200 human rights defenders in the Pacific region have been trained to help boost sustainable development, business and human rights in the context of climate change.
In Southeast Asia, OHCHR is monitoring cases of harassment, arrest, killings and disappearances of environmental human rights defenders, while
At the heart of human rights lie the principles of equality and non-discrimination. Equality has the power to help break cycles of poverty; it can give young people the world over the same opportunities; it can help in advancing the right to a healthy environment; it can help tackle the root causes of conflict and crisis.
Equality “means that we embrace our diversity and demand that all be treated without any kind of discrimination,” says UN Human Rights High Commissioner Michelle Bachelet. On Human Rights Day, we are calling for a new social contract. This means addressing pervasive inequalities and structural discrimination with measures grounded in human rights. It requires renewed political commitment, the participation of all, especially the most affected, and a more just distribution of power, resources and opportunities.
Equality and non-discrimination are the key to prevention of some of the biggest global crises of our time. Human rights have the power to tackle the root causes of conflict and crisis, by addressing grievances, eliminating inequalities and exclusion and allowing people to participate in decision-making that affects their lives. Societies that protect and promote human rights for everyone are more resilient and sustainable, and stand better equipped to weather unexpected crises such as pandemics and the impacts of the climate crisis. As we continue on the path towards the 2030 Agenda for Sustainable Development, and countries’ commitments to leave no one behind, we must strive for a world where a life of equality in dignity and rights is a lived reality for all.
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Bertrand G. Ramcharan on this occasion wrote for the Universal Human Rights Group in Geneva a blog post: Human Rights Day 2021: protect the right to be as well as the right to become
..What the Universal Declaration sought to do, seventy-three years ago, was to invite all governments to pursue human rights strategies of governance. That is to say, government policies and laws should take the precepts of the Universal Declaration as their basic starting point, and governments should be held accountable against those standards.
Human Rights Day this year is being commemorated at a time when the present and the future are joined together as perhaps at no other time in the history of the UN. The world is simultaneously facing a range of critical human rights crises, including a global pandemic, a biodiversity crisis, a pollution crisis, and a climate crisis. The human rights challenges presented by these crises overlay existing discrimination and inequality.
Regarding climate change, the recent Glasgow conference witnessed the tensions between those who fervently believe that the use of fossil fuels must be halted and those who equally fervently plead that they cannot feed and take care of their peoples if they precipitously stop the use of fossil fuels.
The Universal Declaration of Human Rights provides the reference points, the frame of principles, for thinking through, formulating, and implementing policies on challenges such as these. It is a crucial document for every country.
The fourth principle is the rule of law, enshrined, among others, in article 10 of the Universal Declaration: ‘Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal.’ The rule of law must be respected everywhere. In many countries it is not.
In our times, both the right to be and the right to become are under serious threat. On this Human Rights Day, the eight principles of the Universal Declaration enumerated above can help humanity protect the right to be as well as the right to become.
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For Human Rights Day 2021, award-winning filmmaker Shred Shreedhar has planned to release his animated short Reena Ki Kahaani which talks about human trafficking. The short is made for all age groups and is based on a real-life incident. Directed by Shreedhar, animation and creative direction was done by Ashish Wagh and PS Jayahari took care of the music.
“Reena Ki Kahaani is based on the true story of Reena (name changed), a survivor of human trafficking. She got sold into the market of flesh trade on grounds of false promises only to be rescued later by Vihaan, the anti human trafficking NGO,” Shred Creative Lab director Shreedhar told AnimationXpress in an email interview.
He revealed that they chose ‘folk as an art style to connect to the region from where the story originated’. “It helped in making the story more relatable. The former National Geographic Channel India creative VP hopes that with this film, a heinous crime like human trafficking gets talked about more in the mainstream media.
About choosing animation as a medium, Shreedhar said, “Animation as a format is visually appealing to children as well as adults. The purpose was for the film and its message to reach out to not only adults and caregivers but children as well; so a difficult topic was made palatable for all age groups through an animated film so that the dangers are understood.”
According to him, there wouldn’t have been a better day to highlight this reassuring story of courage and human grit in the face of a brutal violation of human rights and spirit. “Nothing celebrates Human Rights Day as the rise and triumph of the human spirit in Reena’s story,” he concluded.
Reena Ki Kahaani, the animated short film of nearly 10 minutes will be released on Shred Creative Lab’s YouTube Channel and other social media handles.
‘The Special Procedures and treaty bodies have repeatedly, for the last five years, raised serious concerns about the human rights situation in China,’ said Sarah M Brooks, ISHR programme director. ‘But despite these efforts, little has changed. More is needed.’
The gravity of the situation was underlined also by a joint statement delivered by Canada, on behalf of more than 40 states, earlier today. Listing a range of concerns about treatment of Uyghurs, those governments pressed China to allow ‘immediate, meaningful and unfettered’ access to the region for the High Commissioner.
The weight of evidence and the gravity of allegations of crimes against humanity against Uyghurs demands that the High Commissioner commence remote monitoring and public reporting immediately. The full statement can be accessed here.
Anadolu on 29 June 2021 reported that Mary Lawlor, theUN special rapporteur on human rights defenders, says she has countless reports about mistreatment of activists in China.
The UN’s independent expert on human rights defenders said that she feared activists in China were arbitrarily sentenced to long prison terms, house arrest and tortured and also denied access to medical treatment, their lawyers and families.
“Condemning human rights defenders…to long terms in prison for their peaceful human rights work, abusing them in custody and failing to provide them with adequate medical care…cannot continue,” Mary Lawlor, the UN special rapporteur on human rights defenders, said in a statement.
She said she had “countless reports” pointing to the mistreatment of human rights defenders in Chinese custody, which is “endemic.”
Geneva’s Chinese mission spokesman Liu Yuyin later refuted Lawlor’s criticism, accusing the UN expert of having “deliberately smeared China, spread disinformation and interfered in China’s judicial sovereignty under the pretext of human rights.”
“The individuals that Ms. Lawlor and other special procedure mandate holders mentioned have committed a series of crimes such as inciting subversion of state power and splitting the state. The facts are clear and the evidence is solid,” he added.
Lawlor said the treatment meted out to those jailed may amount to torture and other cruel and inhuman treatment, despite a plethora of recommendations from the UN mechanisms over the years, including from the Committee Against Torture.
Some defenders, such as Gao Zhisheng, have been “forcibly disappeared,” while others such as Guo Hongwei have died in prison, she said. Lawlor said she knew of at least 13 human rights defenders sentenced on “spurious charges” such as “picking quarrels” or “provoking trouble” to 10 years or more in prison for peacefully defending the rights of others. Among them is Qin Yongmin, sentenced to 35 years in prison for work that included promoting engagement with the UN, and Ilham Tohti, a “moderate scholar” serving a life sentence.
Human rights defender Chen Xi, serving 10 years in prison, has chronic enteritis, which causes dehydration and fever. In winter, he contracts severe frostbite on his hands, ears and abdomen, and in his lifetime, he has been sentenced to 23 years in prison, said the expert.
Tanzania’s President John Magufuli addresses members of the ruling Chama Cha Mapinduzi Party (CCM) at the party’s sub-head office on Lumumba road in Dar es Salaam, October 30, 2015 Emmanuel Herman / REUTERS
Michelle Gavin – In a blog post of 29 July, 2020 – draws attention to the deterioriation in Tanzania where President John Magufuli claims that Tanzania is free from the virus and tourists should feel confident about visiting the country. To ensure that the public will take his word for it, official data on the number of positive cases has not been released since the end of April, part of a pattern of hiding, or tightly controlling information that in most countries can be accessed and interrogated without incident. Since his election in 2015 on an anti-corruption platform, Magufuli’s penchant for eliminating or suppressing discordant narratives has proven toxic to his country’s democracy.
In this climate, it’s difficult to be optimistic about the upcoming October elections. The legal context in which opposition parties operate has changed, limiting their capacity to mobilize voters, and major civil society organizations have been disqualified from observing the polling. In Zanzibar, where citizens’ civil and political rights have been denied multiple times in the context of elections, the voter registration system has only added to citizens’ mistrust of the process. The stage increasingly looks to be set for an election that serves the interests of the current leader, but erodes popular trust in democracy itself.
in the meantime in neighbouring Zimbabwe dozens of people have been arrested and detained in the past few weeks over protests against government officials and corruption. Speaking on Tuesday 5 August 2020, President Emmerson Mnangagwa accused who he referred to as “rogue Zimbabweans” of working together with foreign detractors to destabilise Zimbabwe. “We will overcome attempts at destabilisation of our society by a few rogue Zimbabweans acting in league with foreign detractors,” Mnangagwa said.
Inflation in Zimbabwe is more than 700 per cent and last month the World Food Programme projected that by the end of the year 60 per cent of the country’s population will lack reliable access to sufficient food.
Footage of violence carried out by security forces and the detaining of opposition politicians and government critics has drawn international condemnation. Inspired by the Black Lives Matter call to action, Zimbabweans have expressed their thoughts and demands for actions on social media using the hashtag #ZimbabweanLivesMatter.
The UN Human Rights Council is among those expressing concern about claims the authorities in Zimbabwe are using the COVID-19 outbreak to crackdown on freedom of expression and peaceful protest.
“While recognising the government’s efforts to contain the pandemic”, the OHCHR spokesperson said, “it is important to remind the authorities that any lockdown measures and restrictions should be necessary, proportionate and time-limited, and enforced humanely without resorting to unnecessary or excessive force”.
Amnesty International said in a statement released last week that a number of activists had gone into hiding after police published a list of names of those wanted for questioning in connection with the planned protests.
Muleya Mwananyanda, Amnesty International’s deputy director for Southern Africa, said: “The brutal assault on political activists and human rights defenders who have had the courage to call out alleged corruption and demand accountability from their government is intensifying. The persecution of these activists is a blatant abuse of the criminal justice system and mockery of justice.”
Shannon Ebrahim – Independent Media’s foreign editor – on 5 August 2020 wrote from Pretoria that a week ago she was a speaker at a webinar on Zimbabwe organised by the South African Liaison Office, and sh spoke after the spokesperson of the MDC Alliance, Fadzayi Mahere. I was impressed by her eloquence, professionalism and commitment to human rights and the rule of law.…It never occurred to me, looking at this immaculately-dressed young lawyer, that in three days she would find herself in a filthy police holding cell overnight with other women, no water, no sanitiser, only an overflowing pit latrine and a few filthy blankets.
,,Mahere saw her colleagues, Terrence and Loveridge, in the other holding cells. They had been abducted, beaten and tortured, and had bleeding head injuries. They had been blindfolded, told they were at Lake Chivero and were going to be fed to the crocodiles.…
…It is a great tragedy that 40 years after liberation, Zimbabweans are asking themselves how there is no rule of law or political freedom.
UNDP Bangladesh/Fahad Kaizer – In Bangladesh, the UN Development Programme and partners have rolled out emergency support to vulnerable communities.
New guidance issued on 30 April 2020 sets out key actions, to counter what the UN High Commissioner for Human Rights has called the “double risk” faced by persons with disabilities in the COVID-19 pandemic. As Michelle Bachelet explained, not only are people with disabilities at higher risk because of the crisis, they also are disproportionately affected by response measures such as lockdowns. “People with disabilities are in danger in their own homes, where access to day-to-day support and services may be limited due to lockdowns, and some may suffer greatly from being isolated or confined”, she said. “Persons with disabilities face even greater threats in institutions, as care facilities have recorded high fatality rates from COVID-19 and horrific reports have emerged of neglect during the pandemic.”
The UN rights chief added that making information about the virus available in accessible formats is vital. She also expressed concern over discrimination and stigma at this unprecedented time. “I have been deeply disturbed by reports that the lives of persons with disabilities may somehow be given different weight than others during this pandemic”, she said. “Medical decisions need to be based on individualized clinical assessments and medical need, and not on age or other characteristics such as disability.”
The guidance note published by the UN human rights office outlines steps governments and stakeholders can take during the pandemic. They range from discharging persons with disabilities from institutions, to increasing existing disability benefits, and removing barriers to COVID-19 treatment. Prioritizing testing and promoting preventive measures within institutions to reduce infection risk are other recommendations. Additionally, the guidance spotlights promising practices already in place in some countries. For example, in Switzerland and Spain, some persons with disabilities living in institutions were moved out to be at home with their families, while authorities in Canada have issued priority COVID-19 testing guidelines with specific measures for these settings.
UN High Commissioner for Human Rights, Bachelet, taking part in a panel discussion, held at the UN Human Rights Council on Tuesday 25 February 2020, said that the Beijing Declaration should be celebrated but noted that the Plan of Action agreed at the event is still unfinished. According to Ms. Bachelet, the risks of setbacks to women’s rights are real, and growing. ….”Women’s rights are threatened and attacked” on many fronts, she warned, adding that there over this period there has been “a backlash and the resurgence of gender inequality narratives based on age-old discrimination”. Ms. Bachelet also welcomed the speech delivered to the Human Rights Council by UN Secretary-General António Guterres on Monday. As part of his Call to Action for human rights [see https://humanrightsdefenders.blog/2020/02/25/43rd-session-hrc-un-secretary-general-launches-call-to-action-on-human-rights/], He called on every country to “support policies and legislation that promote gender equality, to repeal discriminatory laws, to end violence against women and girls and to strive for equal representation and participation of women in all areas”.
Wednesday 4 March 2020, 11:00 – 12:00, Room XXVII Palais des Nations, Geneva. This event is co-hosted by ISHR, Amnesty International, Global Fund for Women, Urgent Action Fund, Mesoamerican Initiative of women human rights defenders, and Just Associates (JASS).
Panellists:
Michel Forst, UN Special Rapporteur on the situation of Human Rights Defenders
In an environment where short-term and national interests are taking over, UN institutions are under attack….Michelle Bachelet, United Nations High Commissioner for Human Rights, and Coly Seck , President of the Human Rights Council, will discuss the importance and contribution of UN institutions to ensure that each country upholds and promotes human rights. WEDNESDAY 4 SEPTEMBER, 18h00 – 19h30 in Auditorium Ican Pictet, Maison de la Paix, Geneva, organised by the Graduate Institute of International and Development Studie.
Michelle Bachelet has been the United Nations High Commissioner for Human Rights since September 2018. She was the first female President of Chile and elected for two terms (2006–2010 and 2014–2018). She also served as the first Director of UN Women, Health Minister of Chile, and was Chile’s and Latin America’s first woman Defense Minister.
Coly Seck is President of the 13th Cycle of the Human Rights Council, serving a one-year term beginning 1 January 2019. He is the Permanent Representative of Senegal to the United Nations Office in Geneva since October 2016.
This discussion will be moderated by Vincent Chetail, Professor of International Law, Head of the International Law Department and Director of the Global Migration Centre at the Graduate Institute, and will then be followed by a Q&A with the public. This conference is organised in partnership with the Club Diplomatique de Genève.
UN Colombia – A wide range of human rights activists have been targeted in Colombia, especially those living in rural areas. Human and environmental rights campaigners are one focus of a new UNEP/OHCHR agreement.
On 16 August 2019 the UN environment agency (UNEP) and the UN human rights office (OHCHR) signed a landmark new agreement aimed at better protecting vulnerable human and environmental rights defenders and their families, while increasing protection for people and the places where they live, across the world. The UN Environment Programme (UNEP) will strengthen cooperation with OHCHR, as threats to individuals and communities defending their environmental and land rights intensify. Reports suggest that an average of more than three rights defenders were killed every week last year.
“A healthy environment is vital to fulfilling our aspiration to ensure people everywhere live a life of dignity”, said UNEP Executive Director, Inger Andersen. “We must curb the emerging trend of intimidation and criminalisation of land and environmental defenders, and the use of anti-protest and anti-terrorism laws to criminalise the exercise of rights that should be constitutionally protected.” “UNEP and the UN Human Rights Office are committed to bringing environmental protection closer to the people by assisting state and non-state actors to promote, protect and respect environmental and human rights. In doing so, we will move towards a more sustainable and just planet,” she added.
UN High Commissioner for Human Rights, Michelle Bachelet, said: “Our planet is being recklessly destroyed, and we urgently need stronger global partnerships to take action to save it…We call on leaders and governments to recognise that climate change and environmental degradation severely undermine the human rights of their people, particularly those in vulnerable situations – including the generations of tomorrow.”
A key part of the new protection agreement is to monitor threats to environmental human rights defenders more closely, develop better defenders’ networks, urge more effective accountability for perpetrators of violence and intimidation, and promote “meaningful and informed participation by defenders and civil society, in environmental decision-making.
Ms. Bachelet said every State needed to be encouraged “to develop and enforce national legal frameworks which uphold the clear linkages between a healthy environment and the ability to enjoy all other human rights, including the rights to health, water, food – and even the right to life…We also strongly encourage greater recognition that the actions and advocacy of environmental human rights defenders are deeply beneficial to all societies.”
On the occasion of Nelson Mandela International Day, Albie Sachs, Former Judge of the South African Constitutional Court, and Michelle Bachelet, United Nations High Commissioner for Human Rights, will reflect on today’s challenges to human rights and how to move the human rights agenda forward based on their personal experiences.
THURSDAY 18 JULY 2019, 18:00 – 19:30 AUDITORIUM IVAN PICTET | MAISON DE LA PAIX, GENEVA
Welcome remarks:
Andrew Clapham, Professor of Public International Law, the Graduate Institute, Geneva
Nozipho Joyce Mxakato-Diseko, Ambassador, South African Permanent Mission to the United Nations Office in Geneva
Keynote speech:
Albie Sachs, Former Judge, Constitutional Court of South Africa
Discussion with:
Michelle Bachelet, United Nations High Commissioner for Human Rights
Christof Heyns, Professor of Human Rights Law, University of Pretoria (moderator)
Nozipho Joyce Mxakato-Diseko, Ambassador, South African Permanent Mission to the United Nations Office in Geneva
Albie Sachs, Former Judge, Constitutional Court of South Africa
Closing remarks:
Frans Viljoen, Director, Centre for Human Rights, University of Pretoria
The Nelson Mandela Human Rights Lecture is presented by the Centre for Human Rights of the University of Pretoria, the Washington College of Law at the American University, the Human Rights Council Branch at the Office of the UN High Commissioner for Human Rights and the Geneva Academy of International Humanitarian Law and Human Rights in collaboration with the South African Permanent Mission to the United Nations.
This lecture is part of the Nelson Mandela World Human Rights Moot Court Competition and will be followed by a reception.
Hans Thoolen on Human Rights Defenders and their awards 