Posts Tagged ‘NGOs’

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

November 7, 2023

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

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

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

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

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

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

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

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

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

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

Excerpt from “Waiting for Nasta” podcast, episode 1

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

Excerpt from “Waiting for Nasta” podcast, episode 2

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

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

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

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

Not the moment for Switzerland to Suspend Funding for Human Rights Defenders in Israel and Palestine

November 2, 2023

On 1 November 2023 Erin Kilbride for Human Rights Watch wrote critically about a rather weird decision by the Swiss Government namely to suspend funding to 11 respected human rights organizations in Israel and Palestine.

The Swiss government says it plans to “carry out a fresh, in-depth analysis of all financial flows” and assess the “relevance and feasibility of programmes.” Earlier this month, European governments suspended more than $150 million in development aid, as Israel cut access to food, water, electricity, fuel, and medicines to more than 2.2 million people in Gaza, an act of collective punishment, which is a war crime under international humanitarian law.

The affected groups are: Adalah; Al-Shabaka; Gisha; 7amleh; Hamoked; Jerusalem Legal Aid and Human Rights Centre; MIFTAH: The Palestinian Initiative for the Promotion of Global Dialogue and Democracy; Palestinian Center for Human Rights; the Palestinian NGO Network; Physicians for Human Rights, and Women’s Center for Legal Aid and Counselling.

The West Bank, home to several organizations whose funding has been suspended, has seen a significant spike in Palestinians killed or held in administrative detention without charge or trial.

International support for local human rights defenders is a clear way to support protecting rights, documenting atrocities, and securing justice.

Switzerland made unequivocal commitments to stand with defenders in the Swiss Guidelines on the Protection of Human Rights Defenders (2014, revised 2019), the EU Guidelines on Human Rights Defenders (2008), and the OSCE Guidelines on the Protection of Human Rights Defenders (2014). This decision is hard to reconcile with those commitments.

The Swiss guidelines instruct representatives to support defenders’ security through media work, emergency protection programs, and pushing for investigations into attacks. The EU Guidelines provide, “the EU’s objective is to influence third countries to carry out their obligations to respect the rights of human rights defenders and to protect them from attacks and threats.”

Today, the work of Israeli and Palestinian human rights defenders is more critical than ever. Instead of leaving them in limbo, the Swiss government should maintain its funding of defenders while it conducts its review.

https://www.hrw.org/news/2023/11/01/switzerland-decides-suspend-funding-rights-defenders-israel-palestine

see also: https://www.nytimes.com/2023/11/02/opinion/israel-free-speech-hamas-palestine.html

National Human Rights Institutions of Egypt and Bahrain fail the Paris Principles

October 30, 2023
Palais Wilson shutterstock 1084789991

In a letter addressed to the Sub-Committee on Accreditation (SCA) of the Global Alliance of National Human Rights Institutions (GANHRI), civil society organisations, including the FIDH and the World Organisation Against Torture (OMCT), warn that Bahrain and Egypt do not comply with the Paris Principles, failing to respect the very pillars of these principles: pluralism, independence and effectiveness.

The undersigned civil society organisations believe that the two countries’ NHRIs have failed to comply with the Paris Principles and to implement recommendations outlined by the SCA’s previous reports in 2016 and 2018, respectively.

The Paris Principles define the minimal standards that NHRIs must abide by “in order to be considered credible and to operate effectively.” The pillars of these principles are pluralism, independence and effectiveness. NHRIs must be independent from the government, represent and cooperate with civil society, and effectively promote human rights by monitoring violations and addressing them. Based on civil society reports, the Bahraini and Egyptian NHRIs fall short of these standards.

In Bahrain, all the current members of the National Institution for Human Rights (NIHR) were appointed by King Hamad through a royal decree issued on 9 May 2021, and there is no democratic or independant mechanism through which these selections are made. The current Chairman of the NIHR, Ali al-Derazi, was reportedly implicated in abuses against migrant workers. Furthermore, the Vice-Chairperson of the NIHR, Mr. Khaled Abdulaziz Alshaer had previously called on those who criticised the Bahraini government to receive the death penalty.

In August 2022, the UN Committee on Economic, Social and Cultural Rights concluded that “[the NIHR] has not yet attained the independence required to perform its functions.” Previously in 2018, the UN Human Rights Committee had expressed similar concern and “[regretted] the lack of information on the complaints [the NIHR] has received and the investigations it has carried out in response to those complaints.”

In addition, Bahrain’s NIHR fails to address and outright denies the human rights abuses committed by the authorities, including arbitrary detention, ill-treatment and medical negligence in various detention facilities. This contradicts the UN Working Group on Arbitrary Detention’s findings regarding Abduljalil al-Singace, Abdulhadi al-Khawaja and Naji Fateel, three Bahraini human rights defenders who were arbitrarily detained, tortured, medically neglected and subjected to sham trials. [see also: https://humanrightsdefenders.blog/tag/bahrain/]

As for the Egyptian National Council for Human Rights (NCHR), it also lacks independence from the government. In 2021, new members of the NCHR were appointed for four years. The Chair, Ms. Moushira Khattab, and the Vice-President, Mr. Mahmoud Karem Mahmoud are both former Egyptian officials and diplomats. In both 2014 and 2018, Mahmoud was the coordinator of al-Sisi’s presidential campaign, which clearly demonstrates the NCHR’s close relationship with the executive.

In March 2023, the UN Human Rights Committee had echoed these concerns over the “lack of safeguards to ensure [the NCHR’s] full independence and effectiveness”, as well as over “the lack of information provided on the effective implementation of its recommendations.”

The NCHR has left hundreds of complaints unanswered and blatantly denies that certain human rights abuses are being committed. In 2020, the Council stated that findings of the UN Committee against Torture, according to which torture was “systematic” in Egypt, were a “politicized categorization” seeking to “undermine the efforts of the government”. The NCHR has also remained silent on prominent human rights issues such as the practice of enforced disappearance or the dire conditions of detention. In July 2023, the Council’s president compared a new correctional facility in Wadi al-Natroun to a “5-star hotel”. We believe that the Egyptian NCHR is far from acting as a NHRI with “A” status, which it has worryingly been granted since 2006 by the SCA. [see also: https://humanrightsdefenders.blog/tag/egypt/]

In light of the above, it is clear that the NHRIs of Bahrain and Egypt have consistently failed to comply with the Paris Principles and to implement the SCA’s recommendations.

We urge you to consider the aforementioned shortcomings of Bahrain and Egypt’s NHRIs when reviewing them during your upcoming session, and to not grant them status “A”.

Signatories:

  • Bahrain Institute for Rights and Democracy (BIRD)
  • CIVICUS
  • Democracy for the Arab World Now (DAWN)
  • Egyptian Commission for Rights and Freedoms
  • Egyptian Front for Human Rights (EFHR)
  • El Nadeem against Violence and Torture
  • Human Rights Foundation (HRF)
  • HuMENA for Human Rights and Civic Engagement
  • International Federation for Human Rights (FIDH) – within the framework of the Observatory for the Protection of Human Rights Defenders
  • International Service for Human Rights (ISHR)
  • Law and Democracy Support Foundation (LDSF)
  • MENA Rights Group
  • Rights Realization Centre (UK)
  • Salam for Democracy and Human Rights (SALAM DHR)
  • The #FreeAlKhawaja Campaign
  • The Freedom Initiative (FI)
  • World Organisation Against Torture (OMCT) – within the framework of the Observatory for the Protection of Human Rights Defenders

https://www.omct.org/en/resources/statements/bahrain-and-egypts-national-human-rights-institutions-do-not-comply-with-the-paris-principles

UN Secretary-General’s Report 2022/23 on Reprisals : lack of progress

September 29, 2023

On Monday 18 September, over 50 activists, members of civil society organisations and diplomatic partners gathered on Geneva’s Place des Nations, unfurling a giant banner celebrating the right to defend human rights, as enshrined in the foundational UN Declaration on Human Rights Defenders.

The banner and gathering were meant to mark the 25th anniversary of the Declaration, which was adopted by the UN General Assembly in 1998. The document explicitly laid out the rights of human rights defenders and the protection owed to them by governments and businesses, emphasising that everyone has the right to advocate and defend rights and fundamental freedoms.

On 28 September 2023, the UN Secretary-General’s report on reprisals was presented, which covers the period from 1 May 2022 to 30 April 2023. Over 220 individuals and 25 organizations in 40 countries across the world faced threats and retaliation from State and non-State actors for cooperating with the UN on human rights.

Human rights defenders and other civil society actors are increasingly under surveillance and continued to face legal proceedings, travel bans and threats, and be given prison sentences for cooperating with the UN and the UN’s human mechanisms.

A global context of shrinking civic space is making it increasingly difficult to properly document, report and respond to cases of reprisals, which means that the number is likely much higher,” said Assistant Secretary-General for Human Rights Ilze Brands Kehris in her presentation to the Human Rights Council in Geneva. [see also: https://humanrightsdefenders.blog/2020/11/16/new-assistant-secretary-general-wants-to-improve-civil-society-participation-in-the-general-assembly/]

Among the growing trends noted in the report is the increase in people either choosing not to cooperate with the UN due to concerns for their safety, or only doing so if kept anonymous. 

Victims and witnesses in two-thirds of the States listed in the report requested anonymous reporting of reprisals, compared with one-third in last year’s report.  And most people who reported facing reprisals for their cooperation with the Security Council and its peace operations, as well as with the UN Permanent Forum on Indigenous Issues did so on the condition of anonymity.

A second trend was the increasing surveillance of those who cooperate or attempt to cooperate with the UN, being reported in half of the countries named in the report.  An increase in physical surveillance by State actors was also noted, likely linked to the return to in-person forms of engagement with the UN.

Third, almost forty-five per cent of the in the report continued to apply or enact new laws and regulations concerning civil society, counter-terrorism and national security, which punish, deter or hinder cooperation with the UN and its human rights mechanisms. 
These legislative frameworks represent severe obstacles to long-standing human rights partners of the UN worldwide, and were used to outlaw some of them, raid their offices, and question, threaten or try their staff.

Finally, the specificity and severity of acts of reprisals against women and girls, which constitute half of the victims in this year’s report, was once again identified with concern.

Most of them are human rights defenders and civil society representatives targeted for their cooperation with UN human rights mechanisms and peace operations, but there is also a significant number of judicial officers and lawyers subjected to reprisals for their cooperation with the UN in search of accountability and remedy.

We have a duty to those who put their trust in us,” said Brands Kehris. “That is why at the UN, we are determined to live up to our collective responsibility to prevent and address intimidation and reprisals against those who cooperate with the organization and its human rights mechanisms.” 

The 40 States referred to in the report are: Algeria, Afghanistan, Andorra, Bahrain, Bangladesh, Belarus, Burundi, Cameroon, China, Colombia, Cuba, Democratic Republic of the Congo, Djibouti, Egypt, France, Guatemala, India, Indonesia, Iran (Islamic Republic of), Iraq, Israel, Saudi Arabia, Libya, Maldives, Mali, Mexico, Myanmar, Nicaragua, Pakistan, the Philippines, Qatar, the Russian Federation, South Sudan, United Republic of Tanzania, United Arab Emirates, Uzbekistan, Viet Nam, Venezuela (Bolivarian Republic of), Yemen, and the State of Palestine.

The full report at A/HRC/54/61

https://ishr.ch/latest-updates/defenders-gather-before-the-un-headquarters-to-call-for-better-protection-of-their-work/

https://genevasolutions.news/human-rights/punished-for-speaking-up-at-the-un

China continues to imprison whoever disagrees

September 24, 2023

The New York Times of 22 September 2023 and other outlets report on the increasing crackdown on dissent: Huang Xueqin, the journalist who gave #MeToo Victims a voice, and Wang Jianbing, a labor activist, have been accused of inciting subversion.

A casually dressed woman in a broad-brimmed black hat stands against a green wall, holding a sign that reads “Me Too.”
The Chinese journalist Huang Xueqin in Singapore in 2017. She has been in detention in China for two years.Credit…#FreeXueBing, via Associated Press

On 22 September saw the start of their trial after two years of arbitrary detention. A large number of civil society organisations, including the FIDH and the World Organisation Against Torture (OMCT) expressed their deep concern about their conditions of detention and called for their immediate and unconditional release.

Huang Xueqin, an independent journalist who was once a prominent voice in China’s #MeToo movement, and her friend Wang Jianbing, the activist, were taken away by the police in September 2021 and later charged with inciting subversion of state power. Their trial was held at the Guangzhou Intermediate People’s Court in southern China.

Little is known about the government’s case, but the vaguely worded offence with which the two were charged has long been seen as a tool for muzzling dissent. Since China’s top leader, Xi Jinping, came to power in 2012, the ruling Communist Party has sought to essentially silence people who have fought for free speech and political rights. A steady stream of activists, lawyers, tycoons and intellectuals have been put on trial and sentenced.

In Ms. Huang and Mr. Wang’s cases, the authorities questioned dozens of their friends in the months after their detentions and pressured them to sign testimonies against the two, according to Chinese Human Rights Defenders, an advocacy group that is in close contact with many activists.

In the meantime the Washington Post of 22 September reports that Rahile Dawut, a prominent Uyghur academic who disappeared six years ago at the height of the Chinese government’s crackdown in Xinjiang, has been given a life sentence in prison, according to a human rights group that has worked for years to locate her..

Dui Hua, a California-based group that advocates for political prisoners in China, said in a statement Thursday that the 57-year-old professor — who was convicted in 2018 on charges of endangering state security by promoting “splittism” — had lost an appeal of her sentence in the Xinjiang Uyghur Autonomous Region High People’s Court.

At a regular press briefing, Ministry of Foreign Affairs spokesperson Mao Ning said she was “unaware” of Dawut’s case. “What I can tell you is that China is a law-based country and handles relevant cases in strict accordance with the law.”

A former professor at Xinjiang University and leading scholar on Uyghur folklore, she is among more than 300 intellectuals, artists and writers believed to be detained in Xinjiang, amid a government campaign ostensibly aimed at better assimilating China’s Muslim minority and promoting ethnic harmony. Rights groups have accused the Chinese government of committing “cultural genocide” by wiping out previously vibrant local Uyghur culture. See also: https://humanrightsdefenders.blog/2020/11/11/rahile-dawut-recipient-of-courage-to-think-award-2020/

The sentencing of Professor Rahile Dawut to life in prison is a cruel tragedy, a great loss for the Uyghur people, and for all who treasure academic freedom,” said John Kamm, executive director of the Dui Hua Foundation.

https://www.fidh.org/en/region/asia/china/china-call-for-the-release-of-human-rights-defenders-huang-xueqin-and

https://edition.cnn.com/2023/09/21/china/china-metoo-activist-huang-xueqin-trial-intl-hnk/index.html

https://www.washingtonpost.com/world/2023/09/22/rahile-dawut-life-sentence-uyghur-china/

https://www.theguardian.com/world/2023/sep/24/chinese-authorities-uyghur-professor-rahile-dawut

Protest follows sentencing of Adilur Rahman Khan and Nasiruddin Elan in Bangladesh

September 15, 2023

On 14 September 2023 the Cyber Tribunal, Dhaka sentenced to two years imprisonment Odhikar’s Secretary Adilur Rahman Khan and Director ASM Nasiruddin Elan for allegedly breaching Section 57 of the Information and Communication Technology Act 2006. They were charged for releasing a report on extrajudicial killings committed on 5 and 6 May 2013, centering around the Hefazat-e-Islam protests.

Immediately, 39 organizations in a joint call said that Bangladesh should quash their convictions, and end all reprisals against them and other human rights defenders for their legitimate human rights work. The Bangladesh Government has persistently targeted and launched a smear campaign against Khan and Elan, the secretary and director, respectively, of prominent Bangladesh human rights organization Odhikar. Following the 2013 publication of Odhikar’s fact-finding report documenting extrajudicial killings during a protest, both defenders were arbitrarily detained; Khan for 62 and Elan for 25 days. After being released on bail, they continued to face prosecution and judicial harassment on trumped-up allegations that their 2013 report was “fake, distorted, and defamatory.”

After years of stalling, Bangladeshi judicial authorities accelerated the hearings in their case following the designation of US sanctions against the country’s notoriously abusive paramilitary Rapid Action Battalion (RAB) and its officials in December 2021, blaming human rights organizations like Odhikar for this outcome. Their case has been marred with due process violations, such as the failure to provide the defense with advance information on the prosecution witnesses or a copy of the Criminal Investigation Department’s further investigation report until the day before a hearing. See also: https://humanrightsdefenders.blog/2021/12/21/harassment-of-adilur-rahman-khan-and-other-human-rights-defenders-in-bangladesh/

After the Government reopened the examination of witnesses and presented additional prosecution witnesses in July and August 2023, the judge convicted Khan and Elan to two years in prison and a fine of 10,000 Bangladeshi Taka (equivalent of USD$91.17).

In addition to targeting Odhikar’s leaders, the Government interfered with the organization’s ability to conduct its human rights work by blocking their access to funds and leaving its registration renewal application pending since 2014. Following the US sanction designations, the Government increased surveillance and harassment against those affiliated with Odhikar and ordered the organization to provide sources and proof for its findings of enforced disappearances and extrajudicial killings. On June 5, 2022, the Government’s NGO Affairs Bureau officially denied Odhikar’s application for renewal, stating that the organization’s publications have “seriously tarnished the image of the state to the world.” See also: https://humanrightsdefenders.blog/2023/09/06/ohchr-says-nobel-laureate-yunus-and-other-human-rights-defenders-being-harassed-through-legal-proceedings/

The Government then continued to besmirch the organization publicly, even criticizing and questioning the credibility of the US Department of State’s 2022 Country Report on Human Rights Practices: Bangladesh for relying on Odhikar’s documentation. United Nations human rights experts have expressed their concerns over the Government’s actions, stating that “the defamation of Bangladeshi-based human rights organisations by high-profile public figures is a clear attempt to undermine their credibility, reputation and human rights work in the country.” [see also: https://www.dhakatribune.com/bangladesh/foreign-affairs/325311/us-embassy-voices-concern-over-verdict-against]

Human rights defenders should be allowed to conduct their necessary and important work without fear of harassment, intimidation, and reprisals. Instead of prosecuting and punishing those who document and expose human rights violations, the Government should investigate and hold the perpetrators of these violations accountable.

List of signatories: 

  1. Advocacy Forum Nepal 
  2. Amnesty International
  3. Anti-Death Penalty Asian Network (ADPAN)
  4. Asian Federation Against Involuntary Disappearances (AFAD)
  5. Asian Forum for Human Rights and Development (FORUM-ASIA)
  6. Asian Network for Free Elections (ANFREL)
  7. Association of Family Members of the Disappeared, Sri Lanka
  8. Capital Punishment Justice Project, Australia 
  9. Citizens’ Alliance for North Korean Human Rights (NKHR)
  10. CIVICUS: World Alliance for Citizen Participation
  11. Defence for Human Rights Pakistan (DHR)
  12. Desaparecidos – Philippines
  13. Eleos Justice, Monash University, Australia 
  14. Families of Victims of Involuntary Disappearance (FIND)
  15. FIDH (International Federation for Human Rights), within the framework of the Observatory for the Protection of Human Rights Defenders
  16. Forum ONG Timor-leste
  17. Free Jonas Burgos Movement
  18. HAK Association, Timor-leste
  19. Human Rights First
  20. Human Rights Hub
  21. Human Rights Watch 
  22. Indonesian Association of Families of the Disappeared Families (IKOHI)
  23. International Coalition Against Enforced Disappearances (ICAED)
  24. International Federation of ACATs (FIACAT)
  25. International Service for Human Rights (ISHR)
  26. Karapatan Alliance Philippines (KARAPATAN) 
  27. KontraS (the Commission of the Disappeared and Victims of Violence) 
  28. Latin American Federation of Associations of Relatives of Disappeared-Detainees (FEDEFAM)
  29. Legal Literacy – Nepal
  30. Liga Guatemalteca de Higiene Mental
  31. Madres de Plaza de Mayo – Linea Fundadora, Argentina
  32. Martin Ennals Foundation
  33. Nonviolence International Canada
  34. Robert F. Kennedy Human Rights 
  35. Sindhi Foundation
  36. The Asian Alliance Against Torture (A3T) 
  37. Torture Abolition and Survivors Support Coalition, Washington DC
  38. We Remember-Belarus
  39. World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders

Odhikar itself denounces the arrest, trial and imprisonment of these two human rights defenders and added that “It believes that justice has not been served. As an organisation Odhikar has drawn the sustained wrath of the establishment for becoming the voice of the victims of human rights violations, including those of enforced disappearances, extrajudicial killings, torture, arbitrary detention and against the suppression of free expression and assembly; and for its engagement with the United Nations Human Rights Mechanisms. Earlier the government arbitrarily deregistered the organisation. Today’s judgement is likely to have a chilling effect on human rights defenders and civil society organisations around the country.

Also: https://www.thedailystar.net/news/bangladesh/news/human-rights-bangladesh-european-parliament-moves-resolution-expressing-concern-3418651

https://www.hrw.org/news/2023/09/14/bangladesh-quash-conviction-and-release-rights-defenders

https://www.newagebd.net/article/212570/switzerland-canada-27-rights-groups-condemn-jailing-adilur-elan

but then on 16 October “Bangladesh rights activists Adilur Rahman Khan and ASM Nasiruddin Elan were released on bail Sunday evening after being in prison since Sept. 14 in a cybercrime case.”: https://www.voanews.com/a/top-bangladesh-rights-activists-released-on-bail-/7313942.html

Human rights lawyer Gao Zhisheng and the practice of enforced disappearances: joint letter

September 5, 2023

We, the undersigned organizations, call on the Chinese authorities to immediately and unconditionally release prominent human rights lawyer Gao Zhisheng ahead of the sixth anniversary of his disappearance on August 13. 

And as we near “The International Day of the Disappeared” on August 30, we also condemn the Chinese government’s use of enforced disappearances as a tactic to silence and control activists, religious practitioners, Uyghurs and Tibetans, and even high-profile celebrities, entrepreneurs, and government officials. [see also: https://humanrightsdefenders.blog/2022/08/31/enforced-disappearances-in-china/]

Gao Zhisheng was one of the first human rights lawyers to emerge in the early 2000s and he became an important leader of China’s rights defense movement. He took on cases to help migrant workers and defend spiritual practitioners, including Falun Gong adherents and Christians. Gao wrote open letters to China’s top political leadership to call attention to the plight of Falun Gong practitioners and the abuse he had suffered while defending them. 

In 2006, Gao was sentenced to three years in prison on the charge of “inciting subversion of state power,” and after being released on parole, he was repeatedly disappeared for extended periods and tortured by police between 2007 and 2011. In December 2011, state media reported that Gao had been imprisoned in the Uyghur region to serve out his sentence after violating terms of his parole. He was then released in 2014 but remained under house arrest.

Gao’s relatives in China, as well as fellow rights lawyers and activists, who previously remained in contact with him, have not heard from him since August 13, 2017. Ever since then, Chinese authorities have, implausibly, claimed that Gao is not under any “criminal coercive measures.”   

Over the past six years, Gao has effectively remained in a state of enforced disappearance. 

Gao Zhisheng’s wife, Geng He, although living in the United States, has continued to advocate for him, pleading with the Chinese government to allow the world to “see him if he’s alive, or see his corpse if he’s dead”. Most recently, she has demanded that he be put on trial if he is guilty, and at the very least, that his lawyers should be allowed to meet with him and family members should have videoconferences. 

However, the Chinese government has not provided Geng He with even this minimum amount of information. 

On several occasions United Nations bodies and human rights experts have sought information about Gao Zhisheng’s status, but the Chinese government has refused to clarify his situation. Most recently, in 2020, the Chinese government responded to a letter from six UN Special Rapporteurs by claiming that, “In August 2014 Mr. Gao was released, having served his sentence. Since his release, the public security authorities have not taken any coercive measures against him.”

Gao Zhisheng’s case has been treated under the humanitarian mandate of the UN Working Group on Enforced or Involuntary Disappearances (case no. 10002630). The UN Working Group on Arbitrary Detention had also previously issued an opinion in 2010 stating that Gao’s detention was arbitrary under international law and calling for his immediate release, but Gao has remained under control of the authorities ever since.

Enforced disappearances of other human rights defenders

While Gao Zhisheng’s case is arguably the most famous and well-documented case of prolonged enforced disappearance in blatant violation of international law, there are several other noteworthy cases: 

Former human rights lawyer Yu Wensheng and his wife Xu Yan were detained in April 2023 as they were taking the subway to attend an event at the European Delegation in Beijing. They have been arrested and charged with “inciting subversion of state power,” but authorities have prevented lawyers from visiting them, and their 18-year-old son is under “house arrest.”  See also: https://humanrightsdefenders.blog/tag/yu-wensheng/

Human rights activist Jia Pin has been missing since September 24, 2022. He was last known to have been traveling to Beihai City in Guangxi. His friends do not know where he is, although some speculate that he may have been taken away by Henan provincial police.

Protester Peng Lifa, was taken away by authorities on October 13, 2022 after engaging in a one-man protest on the Sitong Bridge in Haidian District in Beijing against China’s stringent COVID measures and against the rule of Xi Jinping. There have been no reports about where Peng Lifa is being held.

Jiangsu-based human rights defender Tao Hong has been a victim of enforced disappearance since September 9, 2022, after she signed a open petition showing concern for the death of Mao Lihui, a petitioner who police claimed died via self-immolation while detained in a hotel. Before being detained, Tao Hong told friends on WeChat that she “absolutely wouldn’t commit suicide” – as a pre-emptive warning not to believe authorities should she mysteriously turn up dead.

Journalist Yang Zewei, who goes by the pen name Qiao Xinxin, was presumably taken away in Laos on May 31 by what is believed to have been a joint Chinese and Laotian policing effort. Earlier in the year he had launched a campaign to urge for the dismantling of the Great Firewall, an action he labeled as the #BanGFW movement. Before being detained Yang had tweeted that authorities were harassing his relatives in his hometown, and he also declared that he would not commit suicide in detention. On August 8 it was confirmed that he had been returned to China and was being held at the Hengyang Detention Center in Hunan.

Falun Gong practitioners Chen Yang (陈阳) and Cao Zhimin from Hunan province have been held incommunicado since October 2020, after being detained when studying spiritual scriptures with fellow believers. Yang had previously been jailed for four years for his activism and Cao had been held with her five-year-old daughter at an extralegal detention facility in 2010. According to the couple’s daughter, now a teenager studying in the United States, relatives in China have been unable to meet with them since their detention and lawyers hired were stopped from representing the couple. They are believed to have been sentenced to prison in November 2022, but the length of sentence remains unknown, no formal notification was sent to the family, and no news is available on their condition in custody. 

Enforced disappearances of Uyghurs and Tibetans

The Chinese Communist Party, composed solely of Han Chinese officials at the highest levels of decision making, continues to use systemic enforced disappearances of non-Han groups to control, intimidate, and silence them. See: https://humanrightsdefenders.blog/2023/08/18/un-experts-demand-detailed-information-on-nine-tibetan-environment-defenders/

In the Xinjiang Uyghur Autonomous Region (XUAR), also known as the Uyghur region or East Turkistan by Uyghurs, there likely remain hundreds of thousands of Uyghurs who are subjected to arbitrary detention and enforced disappearance through the legal system. In 2022, the Xinjiang High People’s Procuratorate, stated that 540,826 people had been prosecuted in the region since 2017. In November 2022, the UN Committee on the Elimination of Racial Discrimination (CERD) urged China to “immediately release all individuals arbitrarily detained in the XUAR, and to provide relatives of those detained or disappeared with detailed information about their status and well-being.”

As the UN Office of the High Commissioner for Human Rights (OHCHR) has noted, there is almost no public data about the criminal justice system in the region since 2020 and the government has not made public criminal verdicts or provided relevant information to the OHCHR. Furthermore, as a UN Working Group on Arbitrary Detention (WGAD) opinion noted in a 2022 decision finding that three Uyghurs – Qurban Mamut, Ekpar Asat and Gulshan Abbas – had been arbitrarily detained and were victims of enforced disappearance, no verdicts were ever made public and the Chinese government did not respond to the UN with any information regarding the proceedings, “it is unclear if they have indeed stood trial at all.”  In another case from 2022, the WGAD issued an opinion that found that Abdurashid Tohti, Tajigul Qadir, Ametjan Abdurashid and Mohamed Ali Abdurashid had been arbitrarily detained. The Chinese government refused to provide any information about the detention and or of any legal proceedings against them, and the WGAD was “disturbed at the total secrecy which appears to surround the fate and whereabouts” of the four people.

In Tibet, the Panchen Lama, Gedhun Choekyi Nyima, has been missing since May 17, 1995.  In 2022, UN human rights experts have raised their concerns regarding the arrest, detention and subsequent enforced disappearance of Tibetan writer Mr. Lobsang Lhundup (pen name of Dhi Lhaden), musician Mr. Lhundrup Drakpa, and teacher Ms. Rinchen Kyi, in connection with their cultural activities advocating for Tibetan language and culture. Dhi Lhaden and Rinchen Kyi were subsequently released.

On August 10, UN experts urged Chinese authorities to provide clarification on the situation regarding nine imprisoned Tibetan environmental human rights defenders, including information about why they were imprisoned, where they were detained, and their current health conditions. The nine defenders are Anya Sengdra, Dorjee Daktal, Kelsang Choklang, Dhongye, Rinchen Namdol, Tsultrim Gonpo, Jangchup Ngodup, Sogru Abhu and Namesy. 

Disappearances as a form of governance [see also: https://humanrightsdefenders.blog/2022/08/31/enforced-disappearances-in-china/]

Even powerful and famous people in China are not immune to becoming victims of disappearances: 

..

More broadly, the Chinese authorities appeared to have increasingly adopted disappearances as a form of governance. In 2012, the government amended the Criminal Procedure Law to allow for the police to hold suspects in non-detention facilities for up to six months, depriving those investigated for national security crimes of access to lawyers, family members, or other detainees – a practice known as “residential surveillance in a designated location” (RSDL). The government continues to use RSDL, despite numerous UN independent experts urging its abolition because it is a form of secret detention and enforced disappearance, and therefore incompatible with China’s human rights obligations and despite countless cases of torture and other ill-treatment occurring in RSDL having been exposed. 

In 2018, the National Supervision Law created a “retention in custody” (or liuzhi) system to subject Chinese Communist Party members and public employees to incommunicado detention for up to six months for disciplinary infractions and alleged dereliction of duty, including, but not limited to, corruption. The system is run by a non-judicial, non-law enforcement body, the National Supervision Commission (NSC) and precedes formal detention and arrest. 

As humanity approaches the 75th anniversary of the Universal Declaration of Human Rights (UDHR), we urge the Chinese government to take seriously the fundamental principles of human rights enshrined in the UDHR.

Unconditionally and immediately free Gao Zhisheng, and all others who are victims of enforced disappearance, and pending that release, allow for Geng He and other family members as well as Gao Zhisheng’s lawyers to communicate with him through in-person visits and/or videoconferencing.

Provide other relatives of those detained or disappeared with detailed information about their status and well-being.

End the practice of enforced disappearance, which gravely impacts some of the core rights articulated in the UDHR, such as the right not to be subjected to torture, the right not to be subjected to arbitrary arrest or detention, and even the right to life. 

Abolish RSDL (Articles 72-75 of the Criminal Procedure Law) and liuzhi (Article 22 of the National Supervision Law), and any other laws and regulations providing for practices tantamount to enforced disappearance.

Cosigned by, in alphabetical order:

ARTICLE 19

Campaign For Uyghurs

China Aid

China Against the Death Penalty (CADP)

Chinese Human Rights Defenders (CHRD)

Christian Solidarity Worldwide (CSW)

Committee for Freedom in Hong Kong Foundation

Dialogue China

European Criminal Bar Association 

FIDH – International Federation for Human Rights

Freedom House

Friends of Falun Gong (FoFG)

Front Line Defenders

Hans Gaasbeek, Coordinator of the Foundation Day of the Endangered Lawyer

Human Rights in China (HRIC)

Human Rights Now

Humanitarian China

International Association of People’s Lawyers (IAPL) Monitoring Committee on Attacks on Lawyers

International Observatory for Lawyers in Danger (OIAD) 

International Service for Human Rights (ISHR)

Judicial Reform Foundation

Lawyers’ Rights Watch Canada 

New School for Democracy Association

PEN America

PEN International

Safeguard Defenders

Symone Gaasbeek-Wielinga, President of the Dutch League for Human Rights

Taipei Bar Association Human Rights Committee 

Taiwan Bar Association Human Rights Protection Committee

Taiwan Support China Human Rights Lawyers Network

Tencho Gyatso, President of The International Campaign for Tibet 

Tibetan Centre for Human Rights and Democracy 

The Rights Practice

The World Uyghur Congress (WUC)

Uyghur Human Rights Project (UHRP)

https://www.frontlinedefenders.org/en/statement-report/release-human-rights-lawyer-gao-zhisheng-and-end-practice-enforced-disappearances

Nominations for the 2024 Conrad N. Hilton Humanitarian Prize now open

August 30, 2023

The Conrad N. Hilton Foundation is now accepting nominations for the 2024 Conrad N. Hilton Humanitarian Prize.

At $2.5 million, the Conrad N. Hilton Humanitarian Prize is the world’s largest annual humanitarian award presented to non-profit organizations judged to have made extraordinary contributions toward alleviating human suffering. See: https://www.trueheroesfilms.org/thedigest/awards/B4D6314E-DD54-4B6A-BE56-195DFF27B145

  • Nominee Eligibility
    • Nominees must be organizations, not individuals.
    • Nominees must be established, nongovernmental, publicly supported charitable organizations. U.S. Internal Revenue Service tax-exempt status—or the equivalent for international organizations—will determine eligibility. (International nominees will be contacted by the Foundation for appropriate documentation.)
    • Nominees must be legally established for at least five years in order to be considered.
    • Nominees must have their own audited financial statements for at least five years.
    • Nominees must have expenditures greater than U.S. $750,000 in their most recent audited fiscal year of operation
  • The nomination letter should emphasize the organization’s accomplishments rather than future goals. Both historic and recent performance should be addressed. Following are elements to consider in describing your nominee’s work:
    • Extraordinary contributions toward alleviating human suffering.
    • Significance of the issue(s) the organization is addressing.
    • Established record of achievement in significantly contributing to solutions.
    • Demonstration of a compelling programmatic approach to make a lasting impact.
    • Organizational capacity and administrative efficiency to address the issue(s) at hand.
    • Prioritization of diversity, equity and inclusion in strategies, programs and operation.
    • Demonstration of effective partnerships to leverage further impact.
    • Prioritization of evaluating programmatic approach for continual improvement.
    • Impact the Prize would have on the organization and the issue(s) on which the organization focuses.

For more information, visit Conrad N. Hilton Foundation.

Results of 53rd session of the UN Human Rights Council as seen by NGOs

July 19, 2023

Over a dozen organisations share reflections on the key outcomes of the 53rd session of the UN Human Rights Council, as well as the missed opportunities to address key issues and situations. A shortened version was delivered at the Council. [see also: https://humanrightsdefenders.blog/2023/06/20/human-rights-defenders-issues-at-the-53rd-session-of-the-un-human-rights-council/]

We welcome the resolution put forward by the OIC to ensure the full implementation of the United Nations database of businesses facilitating Israeli settlements in the Occupied Palestinian Territory as well as the recent publication of the partial update to the database issued by the Office of the High Commissioner for Human Rights on 30 June 2023. The effectiveness and credibility of the HRC and OHCHR has suffered considerably from the chronic under-implementation of the database by this Council. The resolution put forward at the 53rd session represents an important step forward, and it is crucial that future updates are conducted annually, regularly, including both the addition and removal of businesses from the database, as appropriate, to ensure accurate and comprehensive information for all stakeholders involved. We regret that some States failed to vote in favor of the resolution to ensure the full implementation of the database.  We believe this failure constitutes a dangerous example of double standards and urge States who abstained or voted against the resolution to begin to approach this issue in line with international human rights standards and their duties as UN member States. 

We welcome the fact that the resolution on civil society space addressed the limitations to civil society access and participation in decision-making processes, including at the UN, and called on States to “enable and institutionalize meaningful online participation in hybrid meetings” and to establish “a transparent, fair and gender-responsive accreditation processes”. We welcome that the resolution acknowledges the significant role played by civil society in the promotion and protection of human rights, including with regard to monitoring, documenting and raising awareness about human rights violations and abuses, but we regret that the role of civil society in the prevention of human rights violations, as well as the Council’s prevention mandate, was not highlighted. We also welcome that the resolution emphasizes undue restrictions of civic space, including on funding of civil society actors, nonetheless we express concern that it does not address the misuse of restrictive laws in a more comprehensive manner. We appreciate the call upon States to establish or enhance information-gathering and monitoring mechanisms, including by benefiting from data collected by civil society, for the collection, analysis and reporting of data on threats, attacks or violence against civil society, and the request to the High Commissioner to prepare a report identifying challenges and best practices in regularly assessing civic space trends drawing on the views of civil society, amongst others. This may lead, in the longer term, to the development of a collective methodology including indicators and benchmarks that will permit the effective and systematic monitoring of civic space developments on the international level. We also call on States to prevent the deterioration and closure of civic space and provide support to build civil society resilience.

We welcome the focus of the resolution on human rights of migrants on human rights violations in transit. However, the resolution fails to answer the call from over 220 CSOs for the Council to establish an investigative mechanism on deaths, torture and other grave human rights violations at and around international borders. The focus on monitoring in the intersessional panel requested must be used as a stepping stone towards a response from the Council that matches the severity of the situation. The 53rd session opened as yet another horrific incident unfolded with hundreds presumed dead at sea. The normalisation of deaths caused by border management policies and practices, as well as criminal networks, must end. It is unclear what scale of atrocity will prompt this body to act.     

We welcome the adoption of resolutions on child and early forced marriage and on violence against women and girls, despite hostile amendments contravening international human rights law, UN technical guidance and WHO Guidelines. The resolution on child and early forced marriage on the theme of forced marriage, identifies root causes of forced marriage and calls for practical guidelines to be developed by the OHCHR which can help States work to prevent and eliminate forced marriage, centering the autonomy of women and girls. The resolution on violence against women and girls looks at systemic violence against women and girls in criminal detention systems. The resolution centers the respect, protection and fulfillment of human rights for women and girls in criminal detention, in addition to the Bangkok and Mandela Rules.

We welcome the adoption of the resolution on ‘the impact of arms transfer on human rights‘. Ensuring arms related risks to human rights continues to be part of the Council’s work is critical – both those acquired by civilians and those transferred. We look forward to the stocktaking intersessional workshop on the role of States and the private sector in preventing, addressing and mitigating negative human rights impacts of arms transfers.

We welcome the resolution on new and emerging digital technologies, which reinforces the need to respect, protect and promote human rights throughout the lifecycle of artificial intelligence systems. The resolution mandates an enhanced role of the OHCHR in providing its expertise on the human rights implications of these technologies, including artificial intelligence, to other UN bodies, mechanisms, and processes. We believe that bolstering this existing expertise is vital in ensuring a consistent human rights-first approach to the growing number of UN initiatives relevant to this topic. We also particularly welcome that the resolution stresses that certain applications of artificial intelligence “present an unacceptable risk to human rights”. We now call on States to put this language into practice and ban those technologies that cannot be operated in compliance with international human rights law.

We welcome the adoption of the resolution extending the mandate of the UN Special Rapporteur on Independence of Judges and Lawyers for three years.

We regret the adoption of a new resolution on countering religious hatred constituting incitement to discrimination hostility or violence. While we are dismayed over the rise of hate against persons on the basis of their religion or belief worldwide, this resolution ultimately aims to protect not individuals but rather religious books and symbols that do not enjoy protection under international human rights law. We note that prohibitions on the defamation of religions fuel division and religious intolerance by shutting down interfaith dialogue, and can facilitate human rights violations against religious minorities. While the burning of holy books is considered disrespectful and offensive by many, this is not an act of incitement in and of itself, and such acts should only be challenged through open space for dialogue, debate, and dissent. By evoking language on the defamation of religions, this resolution puts over a decade of progress in jeopardy and risks undermining the consensual, positive action plan to combat religious intolerance achieved in landmark Resolution 16/18 in 2011.

We regret that the resolution on the contribution of development to the enjoyment of human rights weakens the interdependence of human rights and sustainable development. We reiterate deep concerns at the long-term goal of this initiative, in light of the penholder’s remarks during negotiations that the ‘contribution of development to human rights’ is a methodology ‘conflicting with’ human rights-based approaches to development (HRBA) widely-endorsed by the Secretary-General, UN agencies and States. We regret the inclusion of undefined domestic concepts such as ‘better life’, ‘high-quality development’ and ‘people-centred approach to development’, and the failure to consider middle-ground proposals to reallocate resources to meet the OHCHR’s needs for additional capacity on HRBA to development. We lament that the penholder disregarded strong concerns shared across all regions, including from developing countries as reflected in the abstentions of Costa Rica, Chile, Georgia, India and Paraguay, despite commitments to seek consensus and engage constructively.

We welcome the adoption of the resolution on Belarus, which re-mandates the Special Rapporteur for a further year. The Special Rapporteur on Belarus remains critical to civil society, whose options for seeking redress for human rights violations at an international level were further reduced recently when Belarus withdrew from the First Optional Protocol of the ICCPR.

We welcome the adoption of the resolution presented by Colombia seeking to enhance technical cooperation to implement the recommendations made by the Commission for the Clarification of Truth, Coexistence and Non-Repetition in the country – a resolution looking towards a future of peace.. The text highlights the OHCHR report’s findings that violence disproportionately affects, inter alia, human rights defenders, Indigenous Peoples, people of African descent, peasant leaders, women and girls, as well as persons on the basis of their sexual orientation or gender identity. We regret however that Pakistan, on behalf of the OIC except Albania, tabled an amendment to remove the reference to ‘sexual orientation and gender identity’, and in doing so did not respect Colombia’s decision to acknowledge the vulnerability of populations inside its own territory, and meant that a vote was called on the resolution.

This year’s strengthened resolution on Eritrea is in line with civil society’s ask to substantively address violations Eritrean authorities commit at home and abroad and to move beyond merely procedural resolutions that extend the Special Rapporteur’s mandate. We encourage States to go even further next year and to reinstate fully substantive resolutions on Eritrea’s human rights situation, as was the rule before 2019.

We welcome the adoption of the Item 10 resolution on Ukraine, maintaining the Council’s regular dialogues with the High Commissioner on the human rights situation in Ukraine. The work of the OHCHR in Ukraine is critical, complementary to the work of the International Commission of Inquiry on Ukraine, and it is important that HRC is kept abreast of this work.

While we believe the resolution on Rohingya and other minorities in Myanmar is an important step to maintain the situation of Rohingya and other minorities in Myanmar high on the agenda of the Council, we regret that the resolution failed to reflect the reality of the situation on the ground in Myanmar especially following the 1 February 2021 military coup. It calls for immediate commencement of repatriation of Rohingya refugees in direct contrast to conclusions and recommendations of the Special Rapporteur, the High Commissioner as well as Rohingya themselves that conditions for safe, voluntary, dignified and sustainable return for Rohingya do not exist in Myanmar, and that their return under the current circumstances could lead to the recurrence of violence that led to their displacement.

The holding of a Special Session on Sudan on 11 May 2023, does not preclude, but rather should be seen as the start of a process toward, stronger resolutions. Civil society will continue to push for the establishment of an investigative mechanism, which is the least the Council can do for the victims and survivors of the conflict and violations and abuses committed in the country in the last three decades. We highlight the need for a holistic, comprehensive response by the international community. In this regard, the Final Communiqué of the First Meeting of the IGAD Quartet Group of Countries for the Resolution of the Situation in the Republic of Sudan resolved to request that “the East Africa Standby Force (EASF) summit … convene in order to consider the possible deployment of the EASF for the protection of civilians and guarantee humanitarian access” and committed “to work closely with the international community to put in place a robust monitoring and accountability mechanism that will be instrumental in bringing perpetrators to justice.”

We deplore the sustained failure of this Council to respond meaningfully to the human rights situation in China, gradually undermining its credibility and ability to scrutinise countries on the basis of objective, impartial UN documentation, including the OHCHR Xinjiang report. We further regret the failure of the joint UN Office on Genocide Prevention and the Responsibility to Protect to act in line with its mandate on the CERD’s historic referral of the situation in Xinjiang, weakening the UN’s genocide-prevention architecture. The CESCR, the CEDAW, the CERD, the OHCHR, the ILO, as well as Special Procedures through three joint statements, nearly 30 press releases and 100 letters to the government since 2018, have provided more than sufficient evidence pointing to systematic and widespread human rights violations. So long as the Council is not able to take principled action on the basis of objective criteria, other powerful perpetrators will feel empowered to continue committing atrocity crimes, relying on the Council’s silence. We reiterate our pressing call for all Council Members to support the adoption of a resolution establishing a UN mandate to monitor and report on the human rights situation in China.

We regret that the Council failed to adequately respond to the situation in Egypt. Since the joint statement delivered by States in March 2021 at the Council , there has been no significant improvement in the human rights situation in Egypt despite the launching of the national human rights strategy and the national dialogue. The Egyptian government has failed to address, adequately or at all, the repeated serious concerns expressed by several UN Special Procedures over the broad and expansive definition of “terrorism”, which enables the conflation of civil disobedience and peaceful criticism with “terrorism”. The Human Rights Committee raised its concerns “that these laws are used, in combination with restrictive legislation on fundamental freedoms, to silence actual or perceived critics of the Government, including peaceful protesters, lawyers, journalists, political opponents and human rights defenders”. Egyptian and international civil society organisations have been calling on the Council to establish a monitoring and reporting mechanism on the human rights situation in Egypt, applying objective criteria and in light of the Egyptian government’s absolute lack of genuine will to acknowledge, let alone address, the country’s deep-rooted human rights crisis.

We regret the Council’s repeated failure to address the situation in India including to exercise its prevention mandate in relation to the potential escalation of violence against religious minorities and Dalits and Adivasis into mass atrocity crimes with unchecked hate speech and incitement to violence by Hindu nationalist leaders, the most recent illustration of which is the ongoing communal violence in the Northeastern state of Manipur.  We remind the Council that this is happening in the context of systematic rollback of fundamental freedoms, the rule of law and independent institutions as well as the ongoing  criminalisation, harassment and intimidation of human rights defenders, activists, journalists, and dissidents, and targeting of civil society organisations using national security and counter-terrorism infrastructure.  Silence of the Council further enables impunity and makes the international community complicit.

We regret that the Council failed to adequately respond to the situation in Saudi Arabia. In light of the ongoing diplomatic rehabilitation of crown prince and de facto ruler Mohammed bin Salman, the Saudi authorities’ brazen repression continues to intensify, as ALQST has documented. Some notable recent trends include, but are not limited to: the further harsh sentencing of activists for peaceful social media use, such as women activists Salma al-Shehab (27 years), Fatima al-Shawarbi (30 years and six months) and Sukaynah al-Aithan (40 years); the ongoing detention of prisoners of conscience beyond the expiry of their sentences, some of whom continue to be held incommunicado such as human rights defenders Mohammed al-Qahtani and Essa al-Nukheifi, and; regressive developments in relation to the death penalty, including a wave of new death sentences passed and a surge in executions (47 individuals were executed from March-May 2023), raising concerns for those currently on death row, including several young men at risk for crimes they allegedly committed as minors. We call on the Council to respond to the calls of NGOs from around the world to create a monitoring and reporting mechanism on the ever-deteriorating human rights situation in Saudi Arabia.

We regret that the Council failed to exercise its prevention mandate and address the deteriorating human rights situation in Tunisia. Civil society organizations, the High Commissioner and UN Special Procedures all have raised alarm at the escalating pattern of human rights violations and the rapidly worsening situation in Tunisia following President Kais Saied’s power grab on 25 July 2021 leading to the erosion of the rule of law, attacks on the independence of the judiciary, reprisals against independent judges and lawyers and judges associations, a crackdown on peaceful political opposition and abusive use of “counter-terrorism” law in politicized prosecutions, as well as attacks on freedom of expression and threats to freedom of association. A wave of arrests that started in February 2022 continued to include at least 40 members of peaceful political opposition. On 21 February 2023, President Saied made inflammatory comments that triggered a wave of anti-Black violence and persecution – including assaults and summary evictions – against Black African foreign nationals, including migrants, asylum seekers and refugees. Between February and early March 2023, police indiscriminately arrested at least 850 Black African foreign nationals, apparently based on racial profiling. Since July 2, 2023 Tunisian security forces collectively expelled several hundreds of Black African migrants and asylum-seekers to the Tunisian-Libyan borders without any due process, along with reports of beatings and sexual assaults. The High Commissioner has addressed the deteriorating situation in the three latest global updates to the HRC. Special Procedures issued at least 8 communications in less than one year addressing attacks against the independence of the judiciary, as well as attacks against freedom of expression and assembly. Despite the fact that in 2011 Tunisia extended a standing invitation to all UN Special Procedures, and received 16 visits by UN Special Procedures since, Tunisia’s recent postponement of the visit of the Special Rapporteur on the independence of judges and lawyers, is another sign of Tunisia disengaging from international human rights mechanisms and declining levels of cooperation.

Signatories: International Service for Human Rights (ISHR), Cairo Institute for Human Rights Studies, Asian Forum for Human Rights and Development (FORUM-ASIA), International Bar Association’s Human Rights Institute (IBAHRI), International Federation for Human Rights (FIDH), Commonwealth Human Rights Initiative, Center for Reproductive Rights, DefendDefenders (East and Horn of Africa Human Rights Defenders Project), Gulf Centre for Human Rights.

https://ishr.ch/latest-updates/hrc53-civil-society-presents-key-takeaways-from-human-rights-council/

New wave of repression against human rights lawyers unleashed in China

July 12, 2023

In a joint statement published today, over 60 human rights organisations {such as the ISHR}, bar associations, scholars and Chinese human rights activists in exile urge global attention to the Chinese government’s new wave of repression against human rights lawyers unfolding over the past three months.

Human rights lawyers are a cornerstone of China’s human rights movement. From Uyghurs, Tibetans and Hong Kongers, to religious minorities, LGBTQI and feminist advocates, journalists, and political dissidents: human rights lawyers defend the full spectrum of civil society. They accompany and empower the most vulnerable against land evictions, discrimination, health scandals, or extra-legal detention. They embody the promise of rule of law and hold the government accountable to its commitments under China’s constitution, laws, and the international human rights treaties it has ratified. They ensure that no one is left behind.

As a result of this work, for many years and particularly since the round-up of over 300 human rights lawyers and legal assistants in the days following July 9, 2015 – an episode known as the 709 crackdown -, this profession has been ‘effectively criminalised in China,’ according to UN experts.

This year alone, Chinese authorities have passed harsh sentences on national security grounds of ‘subversion of State power’ against three lawyers who had attended a private gathering: Xu Zhiyong (14 years), Ding Jiaxi (12 years) and Chang Weiping (3.5 years). [see: https://humanrightsdefenders.blog/2023/04/11/xu-zhiyong-and-ding-jiaxi-two-human-rights-defenders-in-china-sentenced/]Xu’s partner, feminist activist Li Qiaochu was also recently put on trial behind closed doors, being denied both a lawyer and access to healthcare.[see also: https://www.netherlandsandyou.nl/latest-news/news/2022/12/09/index]

Previously, lawyer Yu Wensheng – recipient of the 2021 Martin Ennals Award for Human Rights Defenders – and his wife Xu Yan had also been arrested on their way to the Delegation of the European Union in Beijing, over a year after Yu’s release. See: https://www.trueheroesfilms.org/thedigest/laureates/69fc7057-b583-40c3-b6fa-b8603531248e

China’s abuse of national security to target lawyers has been growingly mimicked in Hong Kong, where Chow Hang-tung and Albert Ho are awaiting trial under the territory’s overbroad National Security Law.

Beyond arrests, authorities are also increasingly using travel bans and enforced disappearances – including through a criminal procedure known as ‘Residential Surveillance at a Designated Location’ (RSDL) – to intimidate and silence human rights lawyers. Lawyer Li Heping and his family were intercepted at Chengdu airport in June this year, while lawyer Tang Jitian was detained for 398 days for attempting to attend a Human Rights Day celebration in December 2021. For RSDL, see: https://humanrightsdefenders.blog/tag/residential-surveillance-at-a-designated-location-rsdl/

Released lawyers increasingly face disbarment, while their relatives, including underage children, are subjected to unrelenting harassment from the authorities. In recent months, Beijing-based lawyer Wang Quanzhang and his family have been forced to move 13 times, reporting constant threats and repeated cuts to their gas and electricity supply.

Human rights lawyers are one of the last avenues left to Chinese citizens seeking justice for the trampling of their most basic rights. Without sustained global pressure, the government will ramp up its campaign to imprison, disbar or silence these critical advocates for a more equal, just and rights-respecting China.

Raphael Viana David, ISHR’s China Programme Manager

Detained human rights lawyers are constantly subject to physical and psychological torture and ill-treatment in pre-trial detention and prison. They are routinely denied contact with their relatives and access to medical care, despite critical health issues. The government impedes family-appointed lawyers from accessing court documents and representing victims, instead imposing government-appointed lawyers whose identities are not disclosed or refuse to communicate with relatives. Detained lawyers are often convicted during sham closed-door trials, without notification to families nor disclosure of court verdicts for prolonged periods.

My husband Ding Jiaxi and his colleagues always fought for what’s right, despite knowing they risked being disappeared, tortured, disbarred. Their bravery is only equalled by their moral commitment to defending the rights of the most vulnerable, enshrined in China’s constitution and international treaties. Their sacrifice cannot be in vain: governments should stand with China’s human rights lawyers.

Sophie Luo Shengchun, human rights activist and wife of Ding Jiaxi

The UN Working Group on Arbitrary Detention has determined that China has a ‘systemic problem with arbitrary detention which amounts to a serious violation of international law.’

Against this new wave of repression, which has been known as the ‘709 crackdown 2.0’, the 63 signatories call on the international community to urge the Chinese government to:

  • Put an end to its crackdown on human rights lawyers and defenders;
  • Immediately and unconditionally release all those arbitrarily detained;
  • Amend laws and regulations, including national security legislation, its Criminal Law and Criminal Procedure Law, to bring them into full compliance with international human rights standards; and meaningfully cooperate with the United Nations human rights bodies to that end.

Full statement here in English and Chinese

https://ishr.ch/latest-updates/china-unleashing-new-wave-of-repression-against-human-rights-lawyers-global-response-needed/

https://thediplomat.com/2023/07/8-years-after-709-persecution-of-chinese-human-rights-lawyers-continues/