A Brazilian nun who has helped refugees and migrants for 40 years on Wednesday won the Nansen prize awarded every year by the U.N. High Commission for Refugees for outstanding work to protect internally displaced and stateless people.
Sister Rosita Milesi, 79, is a member of the Catholic order of the Scalabrini nuns, who are renowned for their service to refugees worldwide. Her parents were poor farmers from an Italian background in southern Brazil, and she became a nun at 19.
As a lawyer, social worker and activist, Milesi championed the rights and dignity of refugees and migrants of different nationalities in Brazil for four decades.
She is the second Brazilian to receive the award. Former Sao Paulo Archbishop Dom Paulo Evaristo Arns won the prize in 1985.
Milesi leads the Migration and Human Rights Institute (IMDH) in Brasilia, through which she has helped thousands of forced migrants and displaced people access essential services such as shelter, healthcare, education and legal assistance.
She coordinates RedeMIR, a national network of 60 organizations that operates throughout Brazil, including in remote border regions, to support refugees and migrants.
On 26 June 2023 HRW called on Spain use its six-month tenure as EU Presidency to translate into concrete and bold actions commitment to protect fundamental rights and the rule of law.
Spain holds the presidency as the world marks the 75th anniversary of the Universal Declaration of Human Rights (UDHR) on 10 December 2023. In anticipation of this pivotal moment Spain should make every effort to uphold the rights and values enshrined in this historic document.
HRW calls upon the Spanish government to consider the following priority issues and recommendations:
Fundamental Rights and Rule of Law in EU member states
Two EU member states – Hungary and Poland – currently face scrutiny under Article 7 of the Treaty on European Union (TEU)…
The freezing of EU recovery and cohesion funds under the conditionality mechanism represents a welcome step but it is insufficient to address the gravity of the erosion of rule of law and human rights. While Hungary and Poland have adopted some limited measures in response to requirements under the mechanism, these have failed to address fundamental and long-standing concerns. ….We urge the Council to hold the Polish and Hungarian governments to account by using the powers conferred to it under the Treaties and to fulfil the strong mandate to act given to it by the European Commission and Parliament. The urgency of Spain’s leadership and responsibility cannot be overstated as it is one of only two remaining presidencies before Hungary and Poland in turn assume leadership of the Council. It is highly likely that during that time progress on rule of law will at best stall, and at worst Article 7 scrutiny will come to an end altogether…
Rights-Respecting and Principled EU Migration Policy
Spain’s EU Council presidency comes at a critical time for the EU’s migration policy after the Council agreed on 8 June on a negotiating position on an EU-wide reform of its asylum and migration system. Given its mandate to lead on behalf of member states the negotiations with the European Parliament on a final agreement, Spain has an opportunity to broaden the scope for a rights-respecting approach.
We call on your government to:
Support the establishment of proactive, state-led SAR operations in the Mediterranean Sea that could involve expanding the mandates and capacity of existing initiatives like EUNAVFOR MED and Frontex, funding professional rescue NGOs and ensuring predictable disembarkation.
Promote a discussion on the critical role of NGOs to ensure that they are fully able to carry out their lifesaving SAR activities, instead of facing obstruction and criminal and administrative penalties; and provide platforms for discussion of cooperation between member state rescue coordination centers and NGOs.
Advocate for independent and effective border monitoring mechanisms to document human rights violations at EU external borders, such as unlawful pushbacks, to ensure accountability for those responsible for human rights abuses and access to justice for victims.
Ensure that migration cooperation with third countries, and all provision of financial, technical, and material assistance, are contingent on clear and verifiable human rights commitments.
Enable a constructive trialogue on the asylum procedures regulation and the asylum and migration management regulation with a view to limiting the use of accelerated border procedures, the detention of asylum seekers including families with children, and discretionary use of the “safe third country” concept.
Promote a discussion on establishing more safe and legal pathways for migration as called for by EU Justice and Home Affairs Commissioner Johansson.[8]
Human Rights as a Pillar of EU’s Foreign Policy
The EU is equipped with solid instruments to ensure that human rights protection remains at the centre of its external action. The EU has shown resolve in its response to Russia’s invasion of Ukraine and has led at the United Nations to address key human rights crises.
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During its Presidency, we call on your government to:
Continue to combat impunity for crimes committed in Ukraine, including by providing adequate resources to the International Criminal Court’s (ICC) regular budget, advocating and supporting the implementation of ICC arrest warrants, pressing Ukraine to ratify the Rome Statute and supporting independent investigations and prosecutions under universal jurisdiction.
Continue to support Human Rights Defenders (HRDs) at risk and share your experience with other EU member states. Encourage other EU member states to learn from and replicate Spain’s forward-leaning approach with the Program for Support and Protection of Human Rights Defenders at Risk that provides dedicated one-year residential visas for HRDs. Advocate with EU member states to use their discretion and facilitate access by HRDs to multi-year multi-entry Schengen visas in line with EU guidelines.
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Recalibrate EU’s engagement with China to address the government of China’s human rights record through measurable deliverables; counter the government of China’s flawed narratives on its own human rights record; reject efforts to undermine international human rights institutions; lead the creation of a UN investigative and monitoring mechanism for crimes against humanity committed in Xinjiang; sanction or hold accountable those responsible for such crimes; and make plans to reduce dependency on a government that assaults human rights both domestically and in its foreign policy.
On 7 March 2023 EuroMed Rights issued the following statement regarding the situation in Tunisia:
For several weeks now, Kaïs Saïed’s presidentialist regime has been conducting a relentless campaign of arrests, intimidation, denigration and targeted attacks against political opponents, journalists, trade unionists and civil society representatives, under the pretext of an alleged conspiracy to undermine state security, accusations of corruption or contacts with foreign diplomats. International trade union activists who have come to participate in activities of the Tunisian General Labour Union (UGTT), such as Esther Lynch, the General Secretary of the European Trade Union Confederation, have been expelled and any other trade union representatives are now persona non grata in Tunisia.
“These arrests based on the crime of opinion and the widespread repression of freedom of expression in all its forms constitute a serious breach of the rule of law. They raise fears of a return to the practices of the authoritarian regime that preceded the January 2011 revolution. The national dialogue that the UGTT has initiated in partnership with the Tunisian League for Human Rights (LTDH), the National Bar Association and the Tunisian Forum for Economic and Social Rights (FTDES), towards a roadmap to overcome the political, economic and social crisis, must be supported,” said Wadih Al-Asmar, President of EuroMed Rights.
A justice system at the orders
Accused of being “traitors” and “terrorists”, the opponents of the regime put in place, month after month, by President Kaïs Saïed since his power grab of 25 July 2021, are challenging the concentration of powers, in particular the supervision of the Ministry of Justice and the dismissal of many judges and prosecutors. Controlling the judicial power is a weapon that the Tunisian authorities no longer hesitate to use and abuse to silence critics.
“The rule of law in Tunisia is on the brink of collapse,” added Wadih Al-Asmar. “The presumption of innocence is being flouted. Moreover, to declare that anyone who exonerates those prosecuted would be considered an accomplice is a denial of the role and independence of judges and prosecutors. The ban on demonstrations and the desire to isolate Tunisian civil society from its international contacts are other symptoms of the regime’s autocratic drift.”
Attacks on migrants
On 21 February, President Kaïs Saïed continued his diatribe by calling for “urgent measures” against the “hordes” of sub-Saharan migrants, endorsing the conspiratorial theory of the “Great Replacement,” which asserts the existence of a plot to change the demographic composition of the country. As a result, racist and violent attacks, both official and unofficial, against migrants from sub-Saharan Africa continue, leading to arrests and deportations.
“Migrants have been expelled from their homes and fired from their jobs; children have been removed from their schools; women of sub-Saharan origin have been reportedly raped. Fear is growing among migrants who have been living in Tunisia, some for years, causing many families to leave the country to avoid facing violence,” said Rasmus Alenius Boserup, Executive Director of EuroMed Rights. “The European Union and its Member States, in their bilateral relations with Tunisia, must make clear that arbitrary repression and incitement to racial hatred are unacceptable, and should express solidarity with all those arrested, defamed and subjected to violence.”
Poland must investigate all allegations of harassment of human rights defenders, including media workers and interpreters, at the border with Belarus, and grant access to journalists and humanitarian workers to the border area ensuring that they can work freely and safely, UN human rights experts* said on 16 February 2022.
“I am receiving several reports of harassments from human rights defenders who assist migrants and document human rights violations against them at the Polish-Belarusian border, and I am deeply concerned at this practice,” said Mary Lawlor, the Special Rapporteur on the situation of human rights defenders.
Jakub Sypiański, a volunteer interpreter assisting migrants and asylum-seekers, was reportedly stopped by armed soldiers when driving home in November 2021. The soldiers, who were in an unmarked vehicle, did not identify themselves nor explain their actions. They forced open the car door, took the keys out of the ignition and tried pulling him out by his legs.
“Most of the migrants at the border do not speak Polish,” said Mary Lawlor. “Interpreters play a vital role in ensuring their human rights are protected both at the border and in immigration detention centres.”
At around the same time, armed soldiers reportedly harassed journalists covering the arrival of migrants and asylum seekers. Soldiers who did not identify themselves stopped, searched and handcuffed photojournalists Maciej Moskwa and Maciej Nabrdalik outside a military camp. The soldiers searched their equipment, scrutinising their photos, and documented their phone messages and incoming calls.
Journalists Olivia Kortas and Christoph Kürbel, along with two local Polish residents, were allegedly harassed by soldiers while filming a documentary about the human rights situation of migrants at the border.
“Reports that these journalists are being persecuted for documenting such human rights violations are appalling,” said Irene Khan, the Special Rapporteur on the right to freedom of opinion and expression. “Their work is crucial for everyone’s access to information about the situation unfolding at the border. If they are not allowed to do their job, there are very serious consequences for the human rights of migrants”.
“Interpreters and journalists, along with medics, lawyers and others who peacefully work for the protection of human rights or who provide humanitarian aid, are human rights defenders, according to the UN Declaration on Human Rights Defenders. Poland should bear this in mind and ensure that they are able to carry out their legitimate work in a safe and enabling environment and with full access to the border area,” said Lawlor.
The experts are in contact with the Polish authorities on the matter.
The experts’ call was endorsed by: Mr. Felipe González Morales, Special Rapporteur on the human rights of migrants, and Ms. Elina Steinerte (Chair-Rapporteur), Ms. Miriam Estrada-Castillo (Vice-Chair), Ms. Leigh Toomey, Mr. Mumba Malila, and Ms. Priya Gopalan, Working Group on arbitrary detention.
The 19thGeneva’s International Film Festival and Forum on Human Rights (FIFDH) has wrapped its first digital edition with the announcement of its winners. Running from 5 to 14 March, the event gathered nearly 45,000 people who watched the films, debates and various content available online. “While we regret not having been able to open this Festival to a physical audience, some of the experiments carried out this year will be perpetuated. We must pay tribute to the FIFDH team, which has been able to adapt to many challenges with increased energy,” mentioned general director Isabelle Gattiker.
Starting with the Creative Documentary Competition, the jury headed by Ukrainian filmmaker Oleg Sentsov, and featuring Lamia Maria Abillama, Yulia Mahr, and Arnaud Robert, bestowed the Grand Prize of Geneva valued at CHF 10,000 – offered by the city and state of Geneva – upon Shadow Game by Eefje Blankevoort and Els Van Driel. The jury’s statement mentions that the film “deals with a crucial issue in modern time: young migrants alone on their road, trying to cross boundaries and as they say: ‘playing their game’.With the use of videos and social media material produced by the teenagers themselves, it has innovative filmmaking, and it is pushing cinematic boundaries in many ways.”
Shadow Game also picked the Youth Jury Prize, as it “brings to our attention the fact that we need not look far to find human rights’ violations. This confrontation makes it necessary to take greater responsibility at the sight of this injustice and to abandon the often-stereotypical image of migrants,” the jury stated.
The CHF 5,000 Gilda Vieira de Mello Prize in tribute to her son Sergio Vieira de Mello, went to Downstream to Kinshasa [+] by Dieudo Hamadi for its “powerful and brave character-orientated filmmaking, about reparations for forgotten communities who endured atrocities (the Six-Day War in the Democratic Republic of the Congo in 2000). This film is haunting and shows such a rage of the protagonists seeking justice and reparations.” Once Upon a Time in Venezuela [+] by Anabel Rodríguez Ríos received a Special Mention by the jury as the director “approaches the protagonists in a very crude and yet subtle way, showing brilliantly the inextricable relation between industrial pollution, political and electoral constraints as well as citizens’ welfare.”
In the Fiction Competition, the Grand Prize Fiction and Human Rights, valued at CHF 10,000 and offered by the Hélène and Victor Barbour Foundation, went to Veins of the World [+] by Byambasuren Davaa as it “points beyond itself, towards a formless totality, a shared human experience often forgotten and instantly remembered where the beauty and pain of a profoundly essential human longing is unearthed and laid bare,” according to the jury presided by American filmmaker Danielle Lessovitz, with Santiago Amigorena, Laïla Marrakchi and Philippe Cottier. The film also won the Youth Jury Prize.
The Special Mention went to Should the Wind Drop [+] by Nora Martirosyan, “an important film, especially in the current context where borders are moving and closing and where it is difficult to travel.”
Finally, in the Grand Reportage Competition, the CHF 5,000 Prize of OMCT (World Organisation Against Torture), went to Coded Bias by Shalini Kantayya which, according to the jury, “powerfully depicts the threats that artificial intelligence poses to our liberties, including by hardwiring into algorithms racist and sexist biases.” The Public Award went to Dear Future Children [+] by Franz Böhm, which received CHF 5,000 from the FIFDH.
“Carola Rackete, the former captain of the rescue vessel Sea-Watch 3, and the ‘Iuventa 10’ crew members are human rights defenders and not criminals,” said Mary Lawlor, the UN Special Rapporteur on the situation of human rights defenders on 8 October 2020.
“I regret that the criminal proceedings against them are still open and they continue to face stigmatization in connection with their human rights work protecting the human rights of migrants and asylum seekers at risk in the Mediterranean Sea.“
In September 2016, a criminal investigation was opened against some crew members of the Iuventa rescue ship. Charges against them included aiding and abetting in the commission of a crime of illegal immigration, an offence that carries a jail term of between five and 20 years, and a fine of 15,000 euros. On 18 June 2019, a motion for the dismissal of the preliminary criminal investigation against the ‘Iuventa 10’ crew members was filed, but a formal decision is still pending. See also: https://humanrightsdefenders.blog/2020/07/31/absurd-prosecution-of-the-crew-of-the-ship-iuventa-continues-in-italy/
Ms. Rackete was arrested by Italian authorities on 29 June 2019 for docking her rescue ship, with 53 migrants on board, without permission. At the beginning of this year, acting upon appeal, the Italian Supreme Court ruled that she should not have been arrested. Despite this, Ms. Rackete continues to face charges, including aiding and abetting in the commission of a crime of illegal immigration. She risks up to 20 years of imprisonment , and various fines of up to 50,000 euros.
Since 2014, at least 16,000 migrants have lost their lives in the Mediterranean, according to the IOM’s ‘Missing Migrants’ project. “The Italian Government must publicly recognise the important role of human rights defenders in protecting the right to life of migrants and asylum seekers at risk in the Mediterranean and must end the criminalization of those who defend their human rights,” Lawlor said.
The expert’s call has been endorsed by: Independent Expert on human rights and international solidarity, Mr. Obiora Okafor, Felipe González Morales, Special Rapporteur on the human rights of migrants; Dubravka Šimonovic, Special Rapporteur on violence against women, its causes and consequences; Elizabeth Broderick, Chair-Rapporteur of the Working Group on discrimination against women and girls.
The same day Human Rights Watch came out with an initial assessment by civil society of the legislative and non-legislative proposals contained in European Commission’s Pact on Migration and Asylum.: The commitment to a more human approach to protection and the emphasis on the fact that migration is needed and positive for Europe with which the European Commission launched the Pact on Migration and Asylum is welcome. However, this rhetoric is reflected only sparsely in the related proposals. Instead of breaking with the fallacies of the EU’s previous approach and offering a fresh start, the Pact risks exacerbating the focus on externalisation, deterrence, containment and return.
UN chief Antonio Guterres appealed for “an all-out effort to end hate speech globally. (File photo)
On 8 May 2020 UN Secretary-General Antonio Guterres called for an “all-out effort” to end the “tsunami of hate and xenophobia” sparked by the novel coronavirus pandemic, without naming specific countries. “The pandemic continues to unleash a tsunami of hate and xenophobia, scapegoating and scaremongering,” Guterres said in a statement. “Anti-foreigner sentiment has surged online and in the streets. Anti-Semitic conspiracy theories have spread and COVID-19-related anti-Muslim attacks have occurred.” According to Guterres, migrants and refugees have been “vilified as a source of the virus — and then denied access to medical treatment.” Meanwhile, “contemptible memes have emerged suggesting” that older people, some of the most vulnerable to the virus, “are also the most expendable,” he said.
Additionally, “journalists, whistleblowers, health professionals, aid workers and human rights defenders are being targeted simply for doing their jobs,” Guterres said. The UN chief … singled out educational institutions to help teach “digital literacy” to young people — whom he called “captive and potentially despairing audiences.” Guterres also called on “the media, especially social media companies, to do much more to flag and… remove racist, misogynist and other harmful content.”
Six hundred NGOs signed a statement saying “We are in this together, don’t violate human rights while responding to COVID-19“:
As governments are undertaking extraordinary measures to curb the spread of COVID-19, we recognise and commend the efforts states are making to manage the well-being of their populations and protect human rights, such as the rights to life and health. However, we urge states to implement these measures in the context of the rule of law: all responses to COVID-19 must be evidence-based, legal, necessary to protect public health, non-discriminatory, time-bound and proportionate.
All responses to COVID-19 must be deeply rooted in these cross-cutting principles: respect of human dignity, independence and autonomy of the person, non-discrimination and equality, and respect of diversities and inclusion. Any response must comply with international standards on emergency legislation and respect human rights and the rule of law. Extraordinary measures are legitimate only under exceptional circumstances, such as when there is an immediate threat to public health. These measures should be used in a necessary and proportionate manner and should be aligned to international human rights law.
To date, there are over two million confirmed cases of COVID-19 around the world. The next few weeks are crucial as measures put in place by states will determine the course of the pandemic. Resources will come under severe strain and there may be more shortages of personnel and protective equipment which will put countries under immense pressure. More cases may be reported which will lead to stricter measures being implemented by some states. Despite the challenges faced by governments across the globe, responses to the pandemic should not be used as a pretext to restrict civic space.
We are particularly concerned by states that are abusing emergency powers to place restrictions on fundamental rights, including freedom of expression and the right to access information. Across the globe, journalists, human rights defenders and other independent voices are threatened and punished for speaking out about the extent of the pandemic in their countries, or the measures adopted in response to COVID-19. These countries include Tajikistan, Niger, Egypt, Thailand, Saudi Arabia, El Salvador, Bangladesh and China. Other governments are adopting legislative measures to curtail fundamental freedoms, such as in Hungary, Armenia, Azerbaijan, and the Philippines. Some states are abusing their powers to suppress peaceful assemblies, including in Hong Kong.
Governments including India, Myanmar, and Bangladesh, have enforcedinternet restrictions and shutdowns which prevent many people from accessing vital information about how to protect themselves against the virus. These restrictions also negatively affect the growing number of people who are working remotely so that they can practice physical separation.
Access to information is critical in efforts to curb the spread of COVID-19. Governments must proactively share key information about the pandemic as soon as it is available, such as important decisions, the number of cases, availability of equipment and supplies, and clear advice. Information should be widely available to everyone, not just selected government officials or other intermediaries, as is the case in Uzbekistan. This ensures that individuals, communities and health workers can react quickly and responsibly to new information.
Migrants in detention centers, for example in Mexico and Greece, are living in dire conditions without access to adequate hygiene facilities. It is also impossible for them to practice physical distancing due to overcrowding. All asylum seekers who arrived in Greece since 1 March 2020 have been denied access to asylum. We commend states such as Portugal which have temporarily lifted restrictions on asylum seekers with pending applications. This ensures they have access to healthcare and social security in line with the rest of the population.
Women and children who experience or are at risk of domestic violence may be forced to remain in dangerous situations with an abusive partner or relative. At the same time, access to places of safety and support services may be reduced as shelters are impacted by public health measures and criminal justice resources are diverted.
We are concerned by governments confining persons with disabilities within institutions in several countries including France. This contravenes the UN Convention on the Rights of Persons with Disabilities and it places persons with disabilities at an increased risk of contracting COVID-19.
We are concerned by governments that have imposed restrictions leading to human rights violations against LGBT+ persons, including in Peru, Uganda, and Colombia. Governments need to ensure that their policies are inclusive and that all public officials are trained on LGBT+ rights.
Several countries have released prisoners as part of their response to curb the spread of the pandemic. These actions are commendable as congested detention facilities and prisons are high risk areas. We urge countries including Egypt, Bahrain, Kuwait, Iran, Israel, Libya, Morocco, Syria, Turkey, India, and the UAE to include human rights defenders, peaceful protesters and prisoners of conscience among those being released.
We are further concerned by the growing practice of monitoring and closely controlling people’s movements, even at the cost of their privacy. Efforts to contain the virus must not be used to expand systems of invasive digital surveillance. Israel and Taiwan are notable examples of how technological surveillance is being used in this context, and how disproportionate the impact of such measures may be when they are not strictly defined and limited.
The unprecedented challenges presented by COVID-19 present an opportunity for states and civil society organisations to work together to defeat the virus.
We urge states to be transparent and accountable: this will ensure that any measures adopted to prevent the spread of COVID-19 will be effective. Specifically, we urge states to:
Ensure all measures adopted in relation to the COVID-19 pandemic fully comply with states’ international human rights obligations, and that any associated restrictions on human rights are necessary, proportionate, inclusive and time-limited. Also maintain regular contact with civil society to ensure that new measures are in line with international standards.
Ensure that COVID-19 is not used as a pretext for imposing unjustified restrictions on civil society; it must not be used to target human rights defenders and journalists, and to facilitate authoritarian power grabs.
Ensure the pandemic is not used as an excuse to impose forced returns or refoulement in violation of international human rights law; or as a pretext to suspend or derogate from the fundamental right to seek asylum.
Ensure that the independent judiciary, and not other branches of government, decides on any measures limiting the access and operation of courts. Allow independent courts to evaluate any unlawful imposition or unjustified extension of emergency measures, or the unlawful curtailment of the rule of law.
Ensure that judiciaries and other relevant state authorities give particular consideration to urgent cases, where delay is most likely to cause irreparable harm, or where protective measures are required. This refers to: migrants (including asylum-seekers and refugees as well as internal migrants), women and children, LGBT+ communities, older persons, persons with disabilities, religious minorities and other vulnerable groups.
Release detainees; immediately and unconditionally release all human rights defenders and prisoners of conscience. This will ease pressure on the prison system and reduce the chance of the prison population, and the population more broadly, of contracting COVID-19.
Pay special attention to traditionally marginalised or vulnerable groups and ensure access to appropriate support, resources and protection mechanisms. Be aware of any issues relating to stigmatisation, exclusion, violence, hatred, labelling and the targeting of victims of COVID-19.
Ensure that no one is left behind in the national policies and strategies to deal with the COVID-19 pandemic. Make sure policies are inclusive and effectively protect against discrimination on any ground. Consider persons with a disability and make sure all information is delivered in accessible formats.
Apply a gender perspective in all policies relating to the COVID-19 pandemic.
Maintain reliable and unfettered access to the internet so that all have the right to access and share information. End all unjustified interference with internet connectivity.
Protect the role of independent media outlets and public interest journalism. Ensure that measures to contain the virus, as well as the fight against disinformation, are not used as a pretext to muzzle the media or regulate media freedoms.
Ensure any use of surveillance to track the spread of coronavirus is limited in purpose and time and abides by human rights safeguards. States should adhere to the rights of free expression, privacy, non-discrimination, confidentiality and protection of journalist sources.
To see the NGOs that have endorsed, follow the link below:
UN Special Rapporteur on Extra-Judicial Executions Agnes Callamard. Photo: Foreign and Commonwealth Office/Wikipedia.
Juan Ameenin The Shift of 13 April 2020 wrote a piece entitled: “Coronavirus emergency measures must be timely and proportionate” based on a set of guidelines issued by the UN’s Human Rights’ Committee on Economic, Social and Cultural Rights (CESR), in whcih governments are urged to respect human rights across the spectrum, including economic and social rights, and civil and political rights as this would be fundamental to the success of the public health response.
The announcement shed light on the controversial decision by the Maltese government to close the country’s ports as migrant boats were stranded. The UN said it was aware that governments had to take difficult decisions in light of the coronavirus pandemic, but insisted measures should be proportionate. Emergency powers must be used for legitimate public health goals, not used as a basis to quash dissent or silence the work of human rights defenders or journalists.
This was also highlighted by Agnes Callamard, the UN Special Rapporteur on Extra-Judicial Executions, who said these emergency measures also had to be lifted when these were no longer necessary for protecting public health. People needed to be informed about the emergency measures, where these applied and for how long they were meant to be in effect. “As the crisis passes, it will be important for governments to return life to normal and not use emergency powers to indefinitely regulate day-to-day life, recognizing that the response must match the needs of different phases of this crisis,” the CESC said.
Unfortunately, several governments around the world – and in the EU – have taken advantage of the coronavirus pandemic to implement a series of measures that roll back human rights.
As people are being called upon to stay at home, governments must take urgent measures to help people without adequate housing. …The authorities should also take particular care to prevent more people from becoming homeless and implement good practices such as moratoriums on evictions, deferrals of mortgage or loan payments.
It was also important to keep in mind people who relied on community and home services to eat, dress and bathe – including people with a disability or the elderly.
The guidelines also refer to prisoners and those kept in detention, saying these were at a higher risk of infection in case of an outbreak. Social distancing was difficult to maintain in these places, which had a high risk of contamination. States should “urgently explore options for release and alternatives to detention to mitigate the risk of harm within places of detention,” it said.
The document also tackled the issue of migration, saying migrants and refugees also faced “particular risks” as these may be confined to camps and settlements, which might be overcrowded, overstretched and with poor sanitation. “It is also vital that any tightening of border controls, travel restrictions or limitations on freedom of movement do not prevent people who may be fleeing from war or persecution from accessing safety and protection,” the committee said.
This recommendation is the exact opposite of the decision taken by the Maltese government last week to close its ports, making it very clear that it would not be taking any more migrants as a measure to prevent the spread of COVID-19. This announcement came 24 hours after Italy closed all its ports, saying its harbours could not be considered safe. The decision was harshly criticised by more than 20 non-governmental organisations who called on the prime minister to ensure that all persons within Malta’s responsibility were rescued and their safety guaranteed. “The nation cannot quietly celebrate Easter while men, women and children are drowning on our doorstep. Saving lives and ensuring their disembarkation at a safe place is a fundamental legal obligation and also a moral imperative that can in no way be negotiated or renounced,” the NGOs said.
The guidelines called on governments to take “specific actions” to include migrants and refugees in national prevention and response campaigns by ensuring equal access to information, testing, and health care for all, regardless of their status. Earlier this month, the Maltese authorities put the Hal Far open centre under a two-week quarantine after eight migrants tested positive for coronavirus. The decision was slammed by local NGOs who said this would exacerbate the situation where the virus could potentially spread among the 1,000 residents.
On 14 April 2020 Clément Nyaletsossi Voule, the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association, called on States not to use state of emergency declarations during the COVID-19 crisis to impose wholesale restrictions on freedom of peaceful assembly and association, and released detailed Guidelines governments and law enforcement agencies must follow to avoid human rights abuses.
“No country or government can solve this health crisis alone and I am concerned about worrying trends and limitations emerging from civil society reports around the world, including on civil society’s ability to support an effective COVID-19 response,” said Clément Nyaletsossi Voule, the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association. “Civil society organisations are key in helping States to frame inclusive policies, disseminate information, and provide social support to vulnerable communities in need,” he said.
In his 10 Guidelines, the expert said that where new laws or regulations are adopted, any limitations on rights imposed must adhere to the principles of legality, necessity and proportionality. Free-flow of information is crucial in times of crisis and laws criminalising ‘false news’, including those targeting human rights defenders, must be avoided. “It is inadmissible to declare blanket restrictions on human rights and fundamental freedoms,” Voule said. “Exemptions should be foreseen for civil society actors, particularly those monitoring human rights, trade unions, social services providing humanitarian assistance, and journalists covering the management of the crisis. “State of emergency does not halt the freedoms of peaceful assembly and of association,” the human rights expert said.
Voule said his Guidelines could help States reassess measures already in place to ensure compliance with their human rights obligations and to take citizens’ demands fully into account.
On 27 March 2020 HRW Europe said that people in immigration detention in European countries pending deportation should be given alternatives to detention amid the COVID-19 pandemic. “While entire societies learn to live under lockdown, we shouldn’t forget about people locked up because they have the wrong papers,” said Judith Sunderland, associate Europe and Central Asia director at Human Rights Watch. “Authorities across Europe should take measures to protect the health and rights of detainees and staff in immigration detention centers, including by releasing people and finding alternatives to detention.” ….As travel bans increasingly prevent forced returns and courts limit their activities, the reason that thousands of people across the EU and other European states may be held in detention – imminent deportation – is no longer justified. The EU Returns Directive allows detention pending deportation for up to 18 months, but stipulates that if “a reasonable prospect of removal no longer exists…detention ceases to be justified and the person concerned shall be released immediately.”
Amnesty International issues a call for action re Greece: While the world is facing the crisis of COVID-19 pandemic, the risks for refugees in the Greek islands are multiplying by the hour. Thousands of older people, people with chronic diseases, children, pregnant women, new mothers and people with disabilities are trapped there in dangerously overcrowded conditions. Now, they also face the threat of the COVID 19 pandemic, the consequences of which would be catastrophic for those confined in camps. In addition to protecting the rest of the population, the Greek Government must take immediate measures to protect refugees from the pandemic and move them to safety.
…In a statement of principles on the treatment of prisoners and detainees amid the COVID-19 crisis, the European Committee for the Prevention of Torture, a body of the CoE, asked authorities to use alternatives to detention “and refrain, to the maximum extent possible, from detaining migrants.” On March 25, its sister body, the UN Subcommittee on the Prevention of Torture urged all states to reduce populations in detention centers and refugee camps “to the lowest possible level.” The same day, UN High Commissioner for Human Rights Michelle Bachelet said governments should “work quickly to reduce the number of people in detention” to mitigate the risk of COVID-19 “rampaging through such…extremely vulnerable populations.” On March 26, Council of Europe Commissioner for Human Rights Dunja Mijatović echoed the call to release detainees from immigration detention to the extent possible.
Moroever, we should not forget that more than three quarters of refugees live in developing countries in the Americas, Africa, the Middle East and Asia. As the Reuters and Al-Jazeeraa stories (link below) makes clear, a COVID-19 outbreak would put extraordinary strain on fragile local health-care services and likely result in avoidable suffering and death. Preventing or delaying outbreaks, particularly among the most vulnerable, is the most important action we can take right now.
Hans Thoolen on Human Rights Defenders and their awards 