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Results of the 56th sesion of the UN Human Rights Council

August 6, 2024

At the 56th Human Rights Council session, civil society organisations share reflections on key outcomes and highlight gaps in addressing crucial issues and situations.[see:https://humanrightsdefenders.blog/2024/06/12/human-rights-defenders-issues-at-the-56th-session-of-the-un-human-rights-council/

States have an obligation to pay UN membership dues in full and in time. The failure of many States to do so, often for politically motivated reasons, is causing a financial liquidity crisis, meaning that resolutions and mandates of the Human Rights Council cannot be implemented. This is a breach of legal obligations, a betrayal of victims and survivors of violations and abuses, and a waste of the time and resources we have collectively invested over the last 4 weeks. The cuts to Special Procedures’ activities, including fewer country visits and the cancellation of the annual meeting, greatly limit rights holders’ ability to engage with mandate holders and it hinders their access to situations on the ground, and their engagement with domestic authorities for human rights change. Pay your dues!

We deplore the double standards in applying international law and the failure of certain States to push for accountability and ending impunity for all atrocity crimes, when these involve geopolitical interests, despite the clear relevance to thematic principles they endorse. We also deplore initiatives and threats by some States to undermine or sanction the vital work of international justice and accountability bodies, including the International Court of Justice and the International Criminal Court. This undermines the integrity of the framework, the legitimacy of this institution, and the credibility of those States. From Afghanistan to China, to Eritrea to Myanmar, to Palestine to Sri Lanka, to Sudan to Ukraine, resolving grave violations requires States to address root causes, applying human rights norms in a principled and consistent way. States promoting or supporting thematic resolutions must apply these same principles universally, including in their approach to country-specific issues. The Council has a prevention mandate and States have a legal and moral duty to prevent and ensure accountability and non-recurrence for atrocity crimes, wherever they occur.  We urge all States to implement resolutions consistently, both nationally and internationally, and to align their actions with the universal human rights standards they claim to uphold, especially in responding to atrocity crimes. We urge States to enhance objective criteria for action, with predictable parameters, consistent actions and a demonstrable way forward to addressing human rights crises.

We welcome the renewal of the mandate of the Expert Mechanism to Advance Racial Justice and Equality in the Context of Law Enforcement (EMLER) by consensus. We welcome the resolution’s request to strengthen the administrative and substantive support to the Mechanism, and to provide the resources necessary for it to effectively fulfill its mandate. This renewal is a recognition of the value of its unique work over the past three years, as well as the need for experts to continue investigating States’ law enforcement practices and their impact on Africans and Afrodescendant people and communities, including the legacies of colonialism and transatlantic slave trade in enslaved Africans. As recognised by the resolution, systemic racism particularly, against Africans and people of African descent needs a systemic response. In this regard, EMLER’s reports offer a powerful tool for much-needed transformation that governments everywhere should implement. We urge States to ensure full cooperation with EMLER towards the effective fulfillment of its mandate, including by implementing its recommendations and responding promptly to its requests for information and country visits.

This session was again marked by increasing attempts at retrogression on well-established human rights standards pertaining to sexual and reproductive rights and other thematic issues related to gender and sexuality. Nevertheless, civil society organisations continue to work together across movements to ensure the resilience of the multilateral system and the upholding of human rights standards. Out of the 26 draft resolutions presented this session, 5 had a stronger focus on gender and sexuality issues and took important steps in developing human rights standards in these areas. Specifically, we welcome the adoption of the resolution on HIV, the resumption of the tradition of adopting this resolution by consensus and the inclusion of a reference to sexual and reproductive health and rights. We welcome the adoption of the resolution on the Elimination of all forms of discrimination against women and girls requesting human rights-based, gender-responsive and intersectional approaches to poverty reduction; while also expressing concern at the multiple attempts to weaken the resolution which the strongest human rights standards on women and girls are reflected, including through amendments. We also welcome the new resolution on Technology-facilitated gender-based violence, the procedural resolution on Accelerating progress towards preventing adolescent girls’ pregnancy and the resolution on menstrual hygiene management, human rights and gender equality.

We welcome the adoption of the resolution on Eritrea, renewing the Special Rapporteur’s mandate.

The resolution on the situation of Rohingya Muslims and other minorities is essential to keep the situation of Rohingya high on the agenda of the Council. However, the resolution’s calls for repatriation of Rohingya refugees to Myanmar in the current context where remaining Rohingya in Myanmar are once again confronting the dire prospects of recurrence of grave atrocities they faced in 2016 and 2017 contradict and undermine the fundamental objectives of the resolution to ensure protection of Rohingya and to create conditions for their safe, voluntary, dignified and sustainable return.

We welcome that the Council decided to devote its annual resolution on climate change and human rights to address just transition. However, we regret that some fundamental points are missing in the resolution. The recognition of the right to a clean, healthy and sustainable environment by the Human Rights Council (res 48/13) and the General Assembly (res 76/300) has been a landmark achievement. Yet, we regret to see that once again, the resolution on human rights and climate change has failed to include this right more explicitly. Parties to the UNFCCC have already acknowledged that when taking action on climate change, States should respect, promote and consider the right to a clean, healthy and sustainable environment, among other rights (decision 1/CP.27). This resolution also failed to call upon States to transition away from fossil fuels. As has been repeatedly stated by the UN Secretary General, the High Commissioner for Human Rights, and several Special Rapporteurs, fossil fuels are the root cause of the triple planetary crisis, and the main driver of climate change. Despite the support expressed by numerous delegations, this resolution is deliberately silent in recognizing the positive, important, legitimate and vital role that environmental human rights defenders play in the promotion and protection of human rights and the environment. As recognized by the HRC resolution 40/11, EHRDs are one of the most exposed and at risk around the world. Many of these attacks include Indigenous Peoples and defenders raising concerns about climate related projects, transition minerals mining and renewal projects. We will not have a just transition in the context of climate change without listening and consulting EHRDs. It is time that the annual resolutions on human rights and climate change align itself to the recent developments and strongly reaffirm a commitment to effective, rights- and science-based climate action.

We welcome the Council’s continued efforts to address the human rights impacts of arms, including by highlighting human rights obligations of States and responsibilities of the arms industry and other businesses contributing to its operations. The adoption of the resolution on human rights and the civilian acquisition, possession and use of firearms is another significant contribution to these efforts. The OHCHR report requested by the resolution, —which will explore the root causes and risk factors of firearms-related violence and its impact on the enjoyment of the right to participation, particularly of individuals in vulnerable or marginalised situations, — presents a key opportunity to highlight critical concerns surrounding civilian firearms and their broader human rights impacts and to promote an effective response to these concerns.

We welcome a new resolution on freedom of opinion and expression, which rightly highlights how this right is an enabler for all other human rights and sustainable development. Among other key issues, the resolution has been updated to express concern at the growing trend of strategic lawsuits against public participation and calls on governments to adopt and implement measures to discourage such legal harassment. In this vein, it mandates a report and expert workshop to explore the impact of strategic lawsuits against public participation. We urge all States committed to freedom of opinion and expression to co-sponsor and fully implement the commitments of the resolution.

We welcome the adoption of the resolution on Independence and Impartiality of Judges and Independence of Lawyers, focusing on the use of Digital Technologies, including Artificial Intelligence. We welcome the inclusion of language addressing serious concerns relating to the potential negative impact on international fair trial standards, including equality of arms, confidentiality and the protection of legal professions, as well as risks connected to judicial independence and impartiality, the perpetration of existing stereotypes, discrimination or harmful biases. We also welcome the emphasis on the need to always ensure human oversight, scrutiny and accountability with respect to the use of artificial intelligence in the administration of justice.

We continue to deplore this Council’s exceptionalism towards serious human rights violations committed by the Chinese government. Despite China’s efforts to instrumentalise allied countries and GONGOs to portray itself as a constructive actor during its UPR adoption, NGO statements pointed to evidence of Beijing’s lack of willingness to engage in good faith with the UN system, including: a 30% rejection rate higher than its last UPR, acts of reprisals against civil society committed during the UPR cycle, disregard for calls from Western and Global South States to implement Treaty Body recommendations and to provide unfettered access to UN experts. We urge China to genuinely engage with the UN human rights system to enact meaningful reform, and ensure all individuals and peoples enjoy internationally protected human rights. Recommendations from the OHCHR Xinjiang report, UN Treaty Bodies, and UN Special Procedures chart the way for this desperately needed change. In the absence of genuine efforts, it is equally imperative that this Council establishes a monitoring and reporting mechanism on China as repeatedly urged by over 40 UN experts since 2020.

We regret that the Council failed to uphold its obligations to the Libyan people. We are concerned that the resolution on Libya falls short in addressing the urgent need to end impunity for widespread and serious human rights abuses across the country. It ignores the findings of the Independent Fact-Finding Mission on Libya, which documented likely war crimes and crimes against humanity perpetrated by State security forces and armed militia groups, and recommended the creation of an independent international investigation mechanism. Moreover, the resolution overlooks the inability of OHCHR and UNSMIL to conduct capacity-building activities in much of Libya due to threats of violence and governmental non-cooperation. Additionally, it neglects the severe suppression of civil society through arbitrary arrests, enforced disappearances, abductions, social media monitoring, harassment, and other forms of intimidation.

We regret that the Council failed to adequately respond to the situation in Saudi Arabia. Saudi Arabia is not fit to sit at the Human Rights Council, as it is responsible for the commission of atrocity crimes, a pattern of reprisals against those who cooperate with the UN, and the repression of civil society. The human rights situation in the country is dire, with the criminalisation of women human rights defenders, arbitrary detention and the application of the death penalty, among other abuses. We call on all UN States at the General Assembly not to vote for Saudi Arabia in the upcoming HRC elections.

We regret that once more, civil society representatives faced numerous obstacles to accessing the Palais and engaging in discussions during this session, as well as continuing and worsening incidents of reprisals and transnational repression here in Geneva against those seeking to cooperate with the Council. We are concerned by the barriers imposed to access room XX and that the majority of informal consultations on resolutions were held exclusively in person. We remind UN member States, as well as UNOG, that the Council’s mandate, as set out in HRC Res 5/1, requires that arrangements be made, and practices observed to ensure ‘the most effective contribution’ of NGOs. We reiterate that an inclusive approach to participation requires that the UN addresses the limited space for civil society engagement. Undermining civil society access and participation not only undermines the capacities and effectiveness of civil society but also of the Council itself.

Signatories:

  1. Asian Forum for Human Rights and Development (FORUM-ASIA)
  2. Cairo Institute for Human Rights Studies (CIHRS)
  3. CIVICUS
  4. Egyptian Initiative for Personal Right (EIPR)
  5. FIDH
  6. GIN SSOGIE – The Global Interfaith Network For People of All Sexes, Sexual Orientations, Gender Identities and Expressions
  7. Gulf Centre for Human Rights
  8. IFEX
  9. International Service for Human Rights (ISHR)
  10. Washington Brazil Office

https://ishr.ch/latest-updates/hrc56-civil-society-presents-key-takeaways-from-the-session

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

July 31, 2024

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

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

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

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

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

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

Human rights situation in Hong Kong, Tibet, and Xinjiang

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

Human rights defenders, lawyers, and civil society

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

Media and journalists

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

Death penalty

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

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

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

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Human rights groups ‘appalled’ at Egypt being added to safe countries list by Ireland

July 5, 2024
Human Rights Groups ‘Appalled’ At Egypt Being Added To Safe Countries List
Amnesty Ireland said it was “appalled” at the decision by Helen McEntee to add Egypt, an act it called “deeply reckless”.

On 2 July 2024 Cate McCurry in breakingnews.ie reported that human rights groups have criticised the decision to add countries such as Egypt and Malawi to Ireland’s list of “safe” countries for asylum applications as concerning and “reckless”. The Irish Government made five additions to its list of safe countries on Tuesday: Brazil, Egypt, India, Malawi and Morocco.

Countries added to this list are viewed by the Government as places where “there is generally and consistently no persecution”, no torture, and no armed conflicts. The proposal by Minister for Justice Helen McEntee was approved at Cabinet on Tuesday, meaning protection applications from these countries are to be accelerated from Wednesday following an “extensive review” by the department.

Amnesty Ireland said it was “appalled” at the decision by Ms McEntee to add Egypt, an act it called “deeply reckless”.

“This categorisation is particularly shocking, given the protracted human rights and impunity crisis in Egypt, where thousands are arbitrarily detained, and where Amnesty International has consistently documented the use of torture and other ill-treatment and enforced disappearances.”

“No country is safe for everyone. But, putting Egypt with its abysmal human rights record on such a list is deeply reckless. Under Irish and EU law, the Minister for Justice may do so only if there is generally no persecution, torture, or inhuman or degrading treatment in that state. That absolutely cannot be said of Egypt.” As an illustration only, see https://humanrightsdefenders.blog/tag/egypt/

Egypt Researcher at Amnesty International, Mahmoud Shalaby, said that since 2013 the Egyptian authorities have been “severely repressing” the rights to freedom of expression, association and peaceful assembly.

“Dissidents in the country remain at risk of persecution solely for expressing critical views,” he said. “Thousands of arbitrarily detained solely for exercising their human rights or after grossly unfair trials or without legal basis.”

Chief executive of the Irish Refugee Council, Nick Henderson, said they were very concerned at the designation of Morocco, Malawi and Egypt as “safe”.

“Frankly, when you look at some of the human rights information from countries such as Egypt, I’m quite staggered and flabbergasted how they could be designated as safe,” he told RTE’s News at One.

The introduction of accelerated processing in November 2022 has had a significant impact on the number of applications from those countries, which have dropped by more than 50 per cent in that time.

https://www.breakingnews.ie/ireland/human-rights-groups-appalled-at-egypt-being-added-to-safe-countries-list-1645204.html

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Breaking news: UN Declaration protecting human rights defenders updated with the Declaration +25

June 20, 2024

19 June 2024: in a ground-breaking initiative, civil society organisations worldwide have united to produce an authoritative articulation of the international legal framework for the protection of human rights defenders.

Following a year-long project involving consultations with human rights defenders, a coalition of 18 international (full list below) and regional human rights organisations released the Declaration +25, a landmark document systematising relevant developments in regional and international human rights law and standards of the last 25 years.

The principles contained in the two documents together represent a baseline for the protection and promotion of human rights defenders while addressing their enduring and evolving needs.

https://ishr.ch/25-years-un-declaration-on-human-rights-defenders/

To download: https://ishr.ch/defenders-toolbox/resources/declaration-25

‘The 1998 Declaration was a turning point in human rights history,’ the coalition of 18 international and regional human rights groups said today, ‘it recognised the importance and legitimacy of human rights defenders, and the need to protect the right to defend human rights.’

However, the Declaration has never been fully implemented or enforced, and human rights defenders have had to adapt their work to rising issues such as the climate crisis, racism, discrimination, the backlash against sexual and reproductive rights, but also to new threats – including digital surveillance, and different forms of stigmatisation, and criminalisation.

‘With grassroots and frontline activists’ lived experiences and concerns at its heart, the Declaration + 25 will help tackle the current challenges faced by human rights defenders. It will also be a major step towards fulfilling the promise of the 1998 Declaration: enshrining in law the protection of human rights defenders around the world.’

The project commenced in 2023 with the coalition conducting online and in person consultations with defenders to identify the key issues they face in the defence of human rights that were not fully addressed by the 1998 Declaration, and analyse developments in international and regional contexts and jurisprudence.

Over 700 human rights defenders from all regions of the world took part in these consultations, which, along with inputs from legal and human rights experts and civil society organisations, fed into the Declaration + 25. The document was adopted unanimously at a two-day experts’ meeting in Bangkok, Thailand in April 2024. The result is a call to action to governments, multilateral organisations, businesses, and civil society to protect human rights defenders and their activities.

‘People everywhere have the right to defend human rights and unite to achieve justice for all, and States have an obligation under international law to protect those exercising that right, and ensure they can work freely and safely,’ the 18 rights groups emphasised.

‘The Declaration +25 is a powerful new tool and reminder of the existing standards and principles that States, corporations and society at large must implement to protect and enable human rights defenders across the world for the years to come.’

The Declaration+25 was formally launched on Wednesday 19 June at a side event in Geneva, on the margins of  the 56th session of the United Nations Human Rights Council. [https://humanrightsdefenders.blog/2024/06/08/launch-of-the-hrd-declaration25/]

List of participating organisations: 

  • Amnesty International 
  • Asia Pacific Forum on Women, Law and Development (APWLD) 
  • CIVICUS 
  • Defend Defenders 
  • FIDH 
  • FORUM-ASIA 
  • Front Line Defenders 
  • Gulf Centre for Human Rights 
  • ICNL 
  • ILGA World 
  • IM Defensoras 
  • International Service for Human Rights (ISHR) 
  • OMCT 
  • Peace Brigades International 
  • Protect Defenders 
  • Protection International 
  • The Regional Coalition for WHRDs in South-West Asia and North Africa (known as WHRDMENA) 
  • Robert F. Kennedy Human Rights

https://ishr.ch/latest-updates/civil-society-unveils-new-supplement-of-un-declaration-protecting-human-rights-defenders

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JOINT NGO LETTER asks to suspend EU-CHINA HUMAN RIGHTS DIALOGUE 2024

June 17, 2024

On 12 June 2024, a group of important NGOs addressed the following letter to Josep Borrell, EU High Representative for Foreign Affairs:

We, the undersigned civil society organisations, are writing to reiterate our request for the European Union to suspend its human rights dialogue with China, and to consider other, more impactful measures at the EU’s disposal to address the Chinese government’s assault on human rights at home and abroad.

While appreciative of the open and frank discussion and engagement with the EEAS in preparation of each round of human rights dialogue with China, we regret that the EU continues this exercise despite its amply proven ineffectiveness over 38 rounds. While the EU raises concerns during these dialogues, it knows that the Chinese government will not acknowledge abuses, will not undertake any effort to secure accountability, and will not be persuaded to undertake any policy or legislative action to comply with China’s international human rights obligations. The EU’s reluctance to establish any measurable benchmark of progress, or even to establish clearly defined objectives beyond having a dialogue, exacerbates the ineffectiveness of this exercise.

This year’s human rights dialogue would also entail EU officials sitting down with authorities in Beijing to “engage… through dialogue and cooperation” on human rights, days after the 35th anniversary of the Tiananmen massacre.

Since Xi Jinping came to power in 2013, the Chinese government has intensified its crackdown on dissent, harassing and imprisoning human rights defenders and activists including the Swedish bookseller Gui Minhai, the Uyghur economist and Sakharov Prize laureate Ilham Tohti [7 human rights awards, see: https://www.trueheroesfilms.org/thedigest/laureates/37AE7DC4-16DB-51E9-4CF8-AB0828AEF491], the Hong-Kong barrister and human rights activist Chow Hang-tung and human rights lawyers Yu Wensheng and his wife Xu Yan, who were arrested a little over a year ago on their way to meet with the EU delegation [see: https://www.trueheroesfilms.org/thedigest/laureates/69fc7057-b583-40c3-b6fa-b8603531248e and https://humanrightsdefenders.blog/2023/07/12/new-wave-of-repression-against-human-rights-lawyers-unleashed-in-china/]. The Chinese government has committed egregious violations against Uyghur and other Turkic communities in Xinjiang/The Uyghur Region, which a report of the UN High Commissioner for Human Rights in August 2022 stated “may constitute international crimes, in particular crimes against humanity.” Beijing has also intensified its repression in Tibet, while in Hong Kong the creation of a new national security architecture at Beijing’s behest has severely restricted the rights and freedoms long enjoyed by Hong Kong’s people.

Beijing’s foreign policy has also been increasingly detrimental to human rights, both in the region and beyond. The Chinese government continues to support highly abusive governments, to challenge international efforts to secure accountability for grave abuses, and to intensify efforts to undermine the international human rights system and rewrite its norms. The Chinese government has also engaged in increasingly brazen transnational repression – abuses committed outside its borders – including in EU countries.

The EU has already suspended human rights dialogues with highly repressive countries such as Russia, Syria, Belarus, and Myanmar, among others, in light of the nature, scale and pervasiveness of their authorities’ human rights abuses and violations of international law. The Chinese government has committed serious crimes amounting to crimes against humanity. It has long been evident that the human rights dialogue is not an appropriate nor an effective tool to address them. There is no reason to expect the 39th round will prove more beneficial to the rights of people in China than the previous 38. The EU and its member states should pursue different, more effective actions to press the Chinese government to end its crimes against humanity and other serious violations – and to hold accountable those responsible for failing to do so.

We have long been suggesting alternative action, latest in this February 2023 letter. We stand ready to discuss these and other options with you any time.

Signatories:
Amnesty International
Front Line Defenders
Human Rights Watch
International Service for Human Rights
World Uyghur Congress

https://www.frontlinedefenders.org/en/statement-report/joint-public-civil-society-letter-eu-china-human-rights-dialogue-2024

and see https://www.ucanews.com/news/jailing-of-chinese-metoo-journalist-upsets-rights-groups/105431

https://www.aol.com/news/eu-urges-china-stop-human-145953152.html

https://www.reuters.com/world/china/eu-urges-china-stop-human-rights-crackdown-2024-06-17/

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Launch of the HRD Declaration+25

June 8, 2024

Wednesday 19 June 2024 from 1:00 pm- 2:00 pm CEST there will be a HRC56 Side Event for the launch of the Declaration+25, a civil society-led authoritative document endorsed by experts that supplements the UN Declaration on Human Rights Defenders and sets standards to protect them.

Palais des Nations Room XXV Geneva. This in-person event will be moderated by ISHR on behalf of a Secretariat of 18 organisations, and include a panel of exceptional human rights defenders.

Click to access 20240607_Declaration_25_Launch_Flyer.pdf

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Taula Catalana Coordinating Group for Human Rights and Peace in Central America

June 5, 2024

Nineteen non-governmental development organizations (NGDOs) have joined to form the new Taula Catalana pels Drets Humans i la Pau a l’Amèrica Central (Catalana Coordinating Group for Human Rights and Peace in Central America). This platform aims to strengthen dialogue and Catalonia’s response to the violence and human rights crises in Guatemala, Honduras, El Salvador, and Nicaragua.

According to the new coordinating group, “the context of repression, persecution and political violence in the region compels us to come together to draw international attention to the situation and strengthen the many links of solidarity that already exist.”

The new platform has ICIP’s support through the “Violence in non-war settings” work area, which aims to provide tools for analysis and action in situations of direct, structural and cultural violence such as those experienced in Central America.

The Taula Catalana Coordinating Group, which is being formally constituted, will be formally launched in Barcelona on 18-19 June with the celebration of the conference “Human Rights and Peace in Central America: Challenges and Opportunities.”  This conference, jointly organized with ICIP, will take place at the Barcelona History Museum and will feature the participation of sixteen advocates for human rights and the environment from Central America with renowned academic, political, journalistic, community or social backgrounds.

Social society initiatives

Some of the topics to be addressed during the conference are the co-optation of the state by criminal networks, the unbridled exploitation of territories, social remilitarization, polarization and hate speech (LGBTIQ-phobic, sexist, racist…) as part of the infringements experienced by the population, condemned to inhuman migratory routes also as a consequence of the migratory policies of the global North.

Featured speakers who will be in Barcelona for this event include Dora María Téllez, opponent of the Ortega-Murillo regime in Nicaragua; Morena Herrera, Simone Weil 2023 award winner for her defence of women’s reproductive rights in El Salvador; Yéssica Trinidad, coordinator of the National Network of Women Human Rights Defenders of Honduras and an advocate for the rights of Afro-Indigenous communities; and the Guatemalan journalist Rolanda García, attacked and detained in 2018 when she was reporting on the illegal logging of trees on the banks of the Cahabón River (Alta Verapaz) by workers of the Oxec hydroelectric company.

This link provides all the information about the conference and the program of activities. Registration is free.

Launch of Taula Catalana Coordinating Group for Human Rights and Peace in Central America to strengthen dialogue and solidarity in the face of human rights violations in the region

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About Access Now’s Digital Security Helpline

April 30, 2024

On 25 April 2024 Access Now published a piece about “Visualizing the Digital Security Helpline’s recent impact”

Access Now’s Digital Security Helpline works to support civil society members at risk, so they can safely and securely continue their work to uphold democracy and human rights. Here are a few highlights of the Helpline’s work in 2023. [see also: https://humanrightsdefenders.blog/2021/06/29/joint-statement-by-u-n-rapporteurs-emphasizes-digital-rights-as-top-priority-to-rebuild-civic-space/]

Last year, the Helpline received a total of 3,709 requests for digital security assistance. 

To put this in perspective, the Helpline received 10,000 requests in total between 2014 and 2021, but more than double that number in the three years that followed. 

Helpline Cases

Most (82%) of the cases we dealt with in 2023 were reactive in nature, meaning they related to unfolding incidents or emergencies that required beneficiaries to take rapid measures to strengthen their digital security. The remaining 18% were preventative, whereby beneficiaries preemptively sought out digital security advice, tools, and solutions.

In recent years, the Helpline has been investing in our ability to operate 24/7, 365 days a year, and to deliver more substantial and engaged forms of support. For instance, we’ve been conducting analysis of advanced threats and producing collaborative research in places such as Armenia, Serbia, and Jordan. 

In 2023, the regional distribution of cases was as follows:

Helpline Case distribution by region

Our work supports a wide spectrum of civil society stakeholders; from individual activists, human rights defenders, and members of marginalized communities, to journalists and media workers. For it to be as impactful as possible, we work closely with the wider digital security community, through networks like CiviCERT. This allows us to deliver adequate support to each of our beneficiary groups, which were distributed as follows in 2023:

Helpline Beneficiaries by category

In 2024, the Helpline will continue improving and increasing how we collaborate with activist groups around the world, as well as working to meet the evolving needs of the global rapid response community. If you are a member of civil society in need of digital security assistance, you can find details about how to get in touch on our website page. 

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

April 12, 2024

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Signatories:

  1. All Human Rights for All in Iran
  2. Asian Forum for Human Rights and Development (FORUM-ASIA)
  3. Association Arc pour la defense des droits de l’homme et des revendication democratique/culturelles du peuple Azerbaidjanais Iran -”ArcDH”
  4. Balochistan Human Rights Group
  5. Cairo Institute for Human Rights Studies
  6. Child Rights Connect (CRCnt)
  7. CIVICUS
  8. Commonwealth Human Rights Initiative (CHRI)
  9. Egyptian initiative for Personal Rights (EIPR)
  10. Ensemble contre la Peine de Mort
  11. Franciscans International
  12. Gulf Center for Human Rights
  13. Impact Iran
  14. International Bar Association’s Human Rights Institute (IBAHRI)
  15. International Federation for Human Rights (FIDH)
  16. International Lesbian and Gay Association (ILGA)
  17. International Service for Human Rights (ISHR)
  18. Kurdistan Human Rights Network
  19. Kurdpa Human Rights Organization
  20. PEN America
  21. The Syrian Legal Development Programme (SLDP)
  22. United 4 Iran

see also: https://www.eeas.europa.eu/delegations/un-geneva/eu-human-rights-council_en

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

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‘Foreign Agent’ Laws Spread, now also Georgia ?

April 8, 2024

Iskra Kirova, Advocacy Director, Europe and Central Asia Division of HRW, wrote on 4 April 2024: ‘Foreign Agent’ Laws Spread as EU Dithers to Support Civil Society

On the night before the infamous “foreign agents” law came into force back in 2012, unknown individuals sprayed graffiti reading, “Foreign Agent! ♥ USA” on the buildings hosting the offices of three prominent NGOs in Moscow, including Memorial. 
On the night before the infamous “foreign agents” law came into force back in 2012, unknown individuals sprayed graffiti reading, “Foreign Agent! ♥ USA” on the buildings hosting the offices of three prominent NGOs in Moscow, including Memorial.  © 2012 Yulia Klimova/Memorial

Georgia’s ruling party plans to reintroduce highly controversial Russia-style “foreign agent” legislation aimed at incapacitating civil society and independent media. If adopted, the laws, which were withdrawn last year in the face of massive protests, would require foreign-funded nongovernmental organizations and media to register as “agents of foreign influence”. That would make them subject to additional scrutiny and sanctions, including administrative penalties up to 25,000 GEL (about 8,600 Euro). Authorities claim the laws promote “transparency”, but their statements make it clear the laws will be used to stigmatize and punish critical voices.

Georgia was granted EU candidate status in December 2023 on the understanding it would improve conditions for civil society. This move risks derailing its EU integration even if the EU has until now been willing to move the country forward in the accession process despite limited progress on EU reform priorities. Georgia’s defiance of the EU on its civil society commitments isn’t so surprising when seen in the regional context. See also: https://humanrightsdefenders.blog/2024/03/24/kyrgyzstan-on-its-way-to-emulate-russia-with-a-draft-law-on-foreign-representatives-agents/

The day before Georgia’s announcement, Kyrgyzstan’s president signed an abusive “foreign representatives” law. Copied almost entirely from the Russian equivalent, the law would apply the stigmatizing designation of “foreign representative” to any nongovernmental organization that receives foreign funding and engages in vaguely defined “political activity”. The bill had been widely criticized after its initial submission in November 2022, including in a urgency resolution by the European Parliament.

The EU had ample opportunity to press the authorities to reject this bill. Kyrgyzstan benefits from privileged access to the EU internal market tied to respect for international human rights conventions: conventions this law clearly contravenes. The country is poised to sign an enhanced partnership agreement with the EU that centers democracy and fundamental rights. The EU has been silent on whether these deals would be imperiled by the bill’s adoption, despite the fact the European Commission’s own assessment highlighted Kyrgyzstan’s dire environment for civil society and the country’s breach of its obligations.

The latest spate of curbs on civil society comes in the wake of the European Commission’s December 2023 legislative proposal for an EU Directive on “transparency of interest representation” that would create a register of organizations which receive foreign funding. European civil society vehemently opposes the proposal because it risks shrinking space for independent organizations at home and diminishing the EU’s credibility in opposing such laws abroad. Yet the Commission forged ahead. On the same day the proposal was adopted, Hungary’s parliament approved a law that gives a government-controlled body broad powers to target civil society and independent media.

With civil society organizations under threat throughout Europe and Central Asia, we need an EU that in words and actions protects civic space and sets the right standards.

https://www.hrw.org/news/2024/04/04/foreign-agent-laws-spread-eu-dithers-support-civil-society

Georgian government wants to bring back criticised law 

https://www.ohchr.org/en/press-briefing-notes/2024/04/kyrgyzstan-new-law-risks-undermining-work-ngos

https://news.un.org/en/story/2024/05/1149776

https://www.ohchr.org/en/press-releases/2024/05/georgia-un-experts-condemn-adoption-law-transparency-foreign-influence

and see this! https://oc-media.org/georgian-foreign-agent-law-protester-lazare-grigoriadis-found-guilty/

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