Posts Tagged ‘Nicaragua’

Human Rights Defenders issues in the 48th session of he UN Human Rights Council

September 13, 2021

The International Service for Human Rights (HRC) published again it – as usual – very useful Guide to the next (48th) Session of the UN Human Rights Council, from 13 September to 8 October 2021. Here is an overview of some of the key issues on the agenda directly affecting human rights defenders. Stay up-to-date: Follow @ISHRglobal and #HRC48 on Twitter, and look out for their Human Rights Council Monitor and during the session. [for last year’s, see: https://humanrightsdefenders.blog/2021/06/22/key-issues-affecting-hrds-in-47th-session-of-un-human-rights-council-june-2021/

Thematic areas of interest

Reprisals

On 29 September, the Assistant Secretary General Ilze Brands Kehris for Human Rights will present the Secretary General’s annual report on Cooperation with the United Nations, its representatives and mechanisms in the field of human rights (also known as ‘the Reprisals Report’) to the Council in her capacity as UN senior official on reprisals. The presentation of the report will be followed by a dedicated interactive dialogue, as mandated by the September 2017 resolution on reprisals. ISHR remains deeply concerned about reprisals against civil society actors who engage or seek to engage with UN bodies mechanisms. We continue to call for all States and the Council to do more to address the situation. The dedicated dialogue provides a key opportunity for States to raise concerns about specific cases of reprisals, and demand that Governments provide an update on any investigation or action taken toward accountability. An increasing number of States have raised concerns in recent sessions about individual cases of reprisals, including in Egypt, Nicaragua, Cuba, Saudi Arabia, Malaysia, Bahrain, Yemen, Burundi, China and Venezuela, Egypt, Burundi, Lao and China,  

During the 48th session, Ghana, Fiji, Hungary, Ireland and Uruguay will present a draft resolution on cooperation with the UN. The draft resolution aims to strengthen the responses by the UN and States to put an end to acts of intimidation and reprisals. ISHR urges all delegations to support the adoption of the draft resolution and resist any efforts to undermine and weaken it.

ISHR recently launched a study analysing 709 reprisals cases and situations documented by the UN Secretary-General between 2010 and 2020. The study examines trends and patterns in the kinds of cases documented by the UNSG, how these cases have been followed up on over time, and whether reprisal victims consider the UN’s response effective. Among other things, the study found that nearly half the countries serving on the Council have been cited for perpetrating reprisals. The study found that public advocacy and statements by high level actors condemning reprisals can be one of the most effective tools to prevent and promote accountability for reprisals, particularly when public pressure is sustained over time. The study also found that, overall, the HRC Presidency appears to have been conspicuously inactive on intimidation and reprisals, despite the overall growing numbers of cases that are reported by the UNSG – including in relation to retaliation against individuals or groups in connection with their engagement with the HRC – and despite the Presidency’s legal obligation to address such violations. The study found that the HRC Presidency took publicly reported action in only 6 percent of cases or situations where individuals or organisations had engaged with the HRC. Not only is this a particularly poor record in its own right, it also compares badly with other UN actors. [see also: https://humanrightsdefenders.blog/2021/05/06/un-action-on-reprisals-towards-greater-impact/]

In line with previous calls, ISHR expects the President of the Human Rights Council to publicly identify and denounce specific instances of reprisals by issuing formal statements, conducting press-briefings, corresponding directly with the State concerned, publicly releasing such correspondence with States involved, and insisting on undertakings from the State concerned to investigate, hold the perpetrators accountable and report back to the Council on action taken.

Environmental Justice

It’s high time the Council responds at this session to the repeated calls by diverse States and civil society to recognize the right of all to a safe, clean, healthy and sustainable environment and establish a new mandate for a Special Rapporteur on human rights and climate change. ISHR joins a broad civil society coalition in calling on all States to seize this historic opportunity to support the core-group of the resolution on human rights and environment (Costa Rica, Maldives, Morocco, Slovenia, Switzerland) as they work towards UN recognition of the right to environment so that everyone in the world, wherever they live, and without discrimination, can live in a safe, clean and sustainable environment. Furthermore, ISHR also joins a broad civil society coalition in calling on States to establish a new Special Rapporteur on climate change at this session. This new mandate is essential to strengthen a human rights-based approach to climate change, engage in country visits, undertake normative work and capacity-building, and further address the human rights impacts of climate responses, in order to support the most vulnerable. [see also the recent Global witness report: https://humanrightsdefenders.blog/2021/09/13/global-witness-2020-the-worst-year-on-record-for-environmental-human-rights-defenders/]

Other thematic reports

At this 48th session, the Council will discuss a range of civil, political, economic, social and cultural rights and issues through dedicated debates, including interactive dialogues with the:

  1. Special Rapporteur on the human rights to safe drinking water and sanitation
  2. Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights 
  3. Special Rapporteur on truth, justice, reparation and guarantees of non-recurrence
  4. Special Rapporteur on contemporary forms of slavery, including its causes and consequences 
  5. Working Group on Arbitrary Detention
  6. Working Group on Enforced or Involuntary Disappearances
  7. Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes 
  8. The Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance

In addition, the Council will hold dedicated debates on the rights of specific groups including with the:

  1. High Commissioner on the current state of play of the mainstreaming of the human rights of women and girls in conflict and post-conflict situations
  2. Special Rapporteur  on the rights of indigenous peoples and the Expert Mechanism on the Rights of Indigenous Peoples
  3. Working Group of Experts on People of African Descent 

Country-specific developments

Afghanistan

ISHR has joined 50 civil society organisations to urge UN Member States to ensure the adoption of a robust resolution to establish a Fact-Finding Mission or similar independent investigative mechanism on Afghanistan as a matter of priority at the upcoming 48th regular session of the HRC.  We expressed profound regret at the failure of the recent HRC special session on Afghanistan to deliver a credible response to the escalating human rights crisis gripping the country, falling short of the consistent calls of the Afghanistan Independent Human Rights Commission (AIHRC), the UN High Commissioner for Human Rights, Special Procedures and civil society organisations, and does not live up to the mandate of the HRC to effectively address situations of violations of human rights, including gross and systematic violations. The Council must establish a Fact-Finding Mission, or similar independent investigative mechanism, with a gender-responsive and multi-year mandate and resources to monitor and regularly report on, and to collect evidence of, human rights violations and abuses committed across the country by all parties. 

China 

It has now been three years since High Commissioner Bachelet announced concerns about the treatment of Uyghurs and other Turkic Muslims – including mass arbitrary detention, surveillance and discrimination – in the Xinjiang Uyghur Autonomous Region of China. During the intervening three years, further substantial and incontrovertible evidence has been presented indicating crimes against humanity in the region. ISHR joins a 300+ strong coalition of global civil society that continues to call for accountability for these and other violations, including in Tibet and Hong Kong, by the Chinese authorities. At this session, ISHR highlights that arbitrary detention is – as has been noted by the Special Procedures – a systemic issue in China. Chinese authorities are long overdue in taking any meaningful action in response to the experts’ concerns, such as ceasing the abuse of ‘residential surveillance in a designated location’, or RSDL. ISHR reiterates its calls from the 46th and 47th sessions for a clearly articulated plan from OHCHR to ensure public monitoring and reporting of the situation, in line with their mandate and with full engagement of civil society, regardless of the outcome of long-stalled negotiations for High Commissioner access to the country. This would be a critical first step for future, more concrete actions that would respond to demands of victims, their families and communities, and others defending human rights in the People’s Republic of China. 

Burundi

We request the Council to continue its scrutiny and pursue its work towards justice and accountability in Burundi. The Council should adopt a resolution that acknowledges that despite some improvements over the past year, the human rights situation in Burundi has not changed in a substantial or sustainable way, as all the structural issues identified by the Commission of Inquiry on Burundi (CoI) and other human rights actors have identified since 2015 remain in place. The Council should adopt an approach that focuses on continued independent documentation on the situation of human rights in Burundi which should be carried out by the CoI, or a similarly independent mechanism or team of experts, who are solely focused on Burundi. The Council’s approach should also ensure that there is follow up to the work and recommendations of the CoI, in particular, on justice and accountability. See joint letter released ahead of the UN Human Rights Council’s 48th session.

Egypt

Despite Egypt’s assurances during the UPR Working Group in 2019 that reprisals are unacceptable, since 2017, Egypt has been consistently cited in the UN Secretary General’s annual reprisals reports. The Assistant Secretary-General raised the patterns of intimidation and reprisal in the country in the 2020 reprisals report, as well as UN Special Procedures documenting violations including detention, torture and ill-treatment of defenders. In her latest communication to the Government, the Special Rapporteur on human rights defenders highlighted the arbitrary detention of 12 defenders, including three targeted for their engagement with the UN: Mohamed Al-Baqer, human rights lawyer and Director of the Adalah Centre for Rights and Freedoms, arbitrarily detained since 29 September 2019; Ibrahim Metwally, coordinator for the Association of the Families of the Disappeared in Egypt, arbitrarily detained since 10 September 2017; and Ramy Kamel, Copitic rights activist, arbitrarily detained since 23 November 2019. Both States and the HRC Presidency should publicly follow up on these cases. Furthermore, in light of Egypt’s failure to address concerns expressed by States, the High Commissioner and Special Procedures, ISHR reiterates our joint call with over 100 NGOs on the Council to establish a monitoring and reporting mechanism on Egypt and will continue to do so until there is meaningful and sustained improvement in the country’s human rights situation. 

Nicaragua

The human rights crisis in Nicaragua has steadily deteriorated since May 2021. Given the reported lack of implementation of resolution 46/2 and the absence of meaningful engagement with the UN and regional mechanisms by the Government, stepping up collective pressure has become vital. We warmly welcome the joint statement delivered by Costa Rica on behalf of a cross-regional group of 59 States on 21 June 2021. This is a positive first step in escalating multilateral pressure. Further collective action should build on this initiative and seek to demonstrate global, cross-regional concern for the human rights situation in the country. In her oral update, the High Commissioner stressed ‘as set out in [the Council’s] latest resolution, I call on this Council to urgently consider all measures within its power to strengthen the promotion and protection of human rights in Nicaragua. This includes accountability for the serious violations committed since April 2018.’ We call on all States to support a joint statement at the 48th session of the Human Rights Council, urging the Government to implement priority recommendations with a view to revert course on the ongoing human rights crisis, and indicating clear intention to escalate action should the Nicaraguan Government not take meaningful action.

Saudi Arabia

While many of the WHRDs mentioned in previous joint statements at the Council have been released from detention, severe restrictions have been imposed including travel bans, or making public statements of any kind. Most of the defenders have no social media presence. Furthermore, COVID-19 restrictions and the G20 Summit in November 2020 coincided with a slow down in prosecutions of those expressing peaceful opinions and a decline in the use of the death penalty. However, throughout 2021 the pace of violations has resumed. This has included fresh new waves of arrests of bloggers and ordinary citizens, often followed by periods of enforced disappearance, lengthy prison terms issued against human rights defenders and prisoners of conscience, and abuse in prison, including deliberate medical neglect. In addition, despite announcing the halt of the death penalty against minors, the Saudi government recently executed someone who may have been 17 at the time of the alleged offense, and the number of executions in 2021 is already more than double the total figure for 2020. Saudi Arabia has refused to address the repeated calls by UN Special Procedures and over 40 States at the Council in March 2019, September 2019 and September 2020, further demonstrating its lack of political will to genuinely improve the human rights situation and to engage constructively with the Council. ISHR reiterates its call on the Council to establish a monitoring and reporting mechanism on the human rights situation in Saudi Arabia.

Venezuela 

With the environment becoming all the more hostile for civil society organisations in Venezuela, the Council will once again focus attention on the human rights situation in the country at the upcoming session. On 24 September, the Independent International Fact-Finding Mission will provide its second report to the Council building on its findings of likely crimes against humanity committed in the country. ISHR looks forward to making an oral statement during the dialogue with the Mission. In addition, the High Commissioner will provide an oral update on the situation in the country and the work of her office in-country, on 13 September. The Special Rapporteur on Unilateral Coercive Measures will present her report following her in-person visit to the country in February 2021. Finally, it’s expected that the report of the Secretary General on reprisals will include cases related to Venezuela. During all these opportunities to engage, States should remind Venezuela of the need to implement UN recommendations; engage with UN human rights mechanisms, including the Mission; and organise visits for Special Rapporteurs already identified for prioritisation by OHCHR. 

Yemen

ISHR joined over 60 civil society organisations to use the upcoming session of the HRC to establish an international criminally-focused investigation body for Yemen, and simultaneously ensure the continuity of the Group of Eminent Experts on Yemen (GEE) through an ongoing or multi-year mandate. In their last report, “A Pandemic of Impunity in a Tortured Land”, the UN Group of Eminent International and Regional Experts on Yemen (GEE) underscored Yemen’s “acute accountability gap”, concluding that the international community “can and should” do more to “help bridge” this gap in Yemen. They recommended that the international community take measures to support criminal accountability for those responsible for serious violations of international humanitarian law and egregious human rights abuses. In particular, they supported the “establishment of a criminally focused investigation body” (similar to the mechanisms established for Syria and Myanmar) and “stressed the need to realize victims’ rights to an effective remedy (including reparations)”.  Such a mechanism would facilitate and expedite fair and independent criminal proceedings, in accordance with international law standards, and lay the groundwork for effective redress, including reparations for victims. 

Other country situations:

The High Commissioner will provide an oral update to the Council on 13 September 2021. The Council will consider updates, reports and is expected to consider resolutions addressing a range of country situations, in some instances involving the renewal of the relevant expert mandates. These include:

  • Interactive Dialogue on the High Commissioner’s written update on Myanmar, including of Rohingya Muslims and other minorities, an interactive dialogue on the report of on the Independent Investigative Mechanism, and an Interactive Dialogue with the Special Rapporteur 
  • Oral update by the High Commissioner and enhanced interactive dialogue on the Tigray region of Ethiopia
  • Enhanced Interactive Dialogue with the Commission on Human Rights in South Sudan
  • Interactive Dialogue with the Commission of Inquiry on Syria and oral update by OHCHR on the extent of civilian casualties
  • Oral update by OHCHR and interactive dialogue on Belarus
  • Oral update by the High Commissioner on the progress made in the implementation of the Council’s 30th Special Session resolution on the Occupied Palestinian Territory, including East Jerusalem, and in Israel, and presentation of the High Commissiner’s report on allocation of water resources in Occupied Palestinian Territory, including East Jerusalem
  • Interactive Dialogue with the High Commissioner on Ukraine 
  • Enhanced Interactive Dialogue with the High Commissioner on the Democratic Republic of the Congo and on the final report of the team of international experts on the situation in Kasai
  • Enhanced Interactive Dialogue on the oral update of the High Commissioner on South Sudan
  • Interactive Dialogue with the Special Rapporteur on Cambodia and presentation of the Secretary-General’s report 
  • Enhanced Interactive Dialogue on the report of the High Commissioner on Sudan
  • Interactive Dialogue with the Independent Expert on Somalia
  • Interactive Dialogue with the Independent Expert on the Central African Republic 
  • Interactive Dialogue with the Fact-finding mission on Libya
  • Presentation of the High Commissioner’s report on cooperation with Georgia 
  • Oral update by the High Commissioner on the Philippines

#HRC48 | Council programme, appointments and resolutions

During the organisational meeting for the 48th session held on 30 August the President of the Human Rights Council presented the programme of work. It includes six panel discussions. States also announced at least 20 proposed resolutions. Read here the 87 reports presented this session. 

Appointment of mandate holders

  1. The Special Rapporteur in the field of cultural rights
  2. a member of the Working Group on the issue of human rights and transnational corporations and other business enterprises from Latin American and Caribbean States; 
  3. a member of the Working Group of Experts on People of African Descent, also from Latin American and Caribbean States (an unforeseen vacancy that has arisen due to the resignation of a current member).

Resolutions to be presented to the Council’s 48th session

At the organisational meeting on 30 August the following resolutions inter alia were announced (States or groups leading the resolution in brackets):

  1. Human rights situation in Burundi (EU)
  2. Human rights and environment (Costa Rica, Maldives, Morocco, Slovenia, Switzerland) 
  3. Cooperation with the United Nations, its representatives and mechanisms in the field of human rights  (Fiji, Ghana, Hungary, Ireland, Uruguay) 
  4. Human rights situation in Yemen (Belgium, Canada, Ireland, Luxembourg, Netherlands) 
  5. Elimination of child, early and forced marriage (Argentina, Canada  Italy, Honduras, Montenegro, Poland, Sierra Leone, Switzerland, UK, Uruguay, Zambia, Netherlands) 
  6. Technical assistance and capacity-building in the field of human rights in the Democratic Republic of the Congo (African Group) 
  7. Technical assistance and capacity-building to improve human rights in Libya (African Group)
  8. From rhetoric to reality: a global call for concrete action against racism, racial discrimination, xenophobia and related intolerance (African Group)
  9. Human rights and indigenous peoples (Mexico, Guatemala)
  10. Human rights situation in Syria (France, Germany, Italy, Jordan, Kuwait, Netherlands, Qatar, Turkey, UK, USA)
  11. Advisory services and technical assistance for Cambodia – mandate renewal (Japan) 
  12. Enhancement of technical cooperation and capacity-building in the field of human rights (Thailand, Brazil, Honduras, Indonesia, Morocco, Norway, Qatar, Singapore, Turkey)
  13. Technical assistance and capacity building to Yemen (Arab Group)
  14. Equal participation in political and public affairs (Czech Republic, Botswana, indonesia, Peru, Netherlands)
  15. Right of privacy in the digital age (Germany, Brazil, Liechtenstein, Austria, Mexico) 
  16. The question of the death penalty (Belgium, Benin, Costa Rica, France, Mexico, Mongolia, Moldova, Switzerland) 

Adoption of Universal Periodic Review (UPR) reports

During this session, the Council will adopt the UPR working group reports on Myanmar, Namibia, the Niger, Mozambique, Estonia, Belgium, Paraguay, Denmark, Somalia, Palau, Solomon Islands, Seychelles, Latvia, Singapore and Sierra Leone.

Panel discussions

During each Council session, panel discussions are held to provide member States and NGOs with opportunities to hear from subject-matter experts and raise questions. Six panel discussions are scheduled for this upcoming session:

  1. Biennial panel discussion on the issue of unilateral coercive measures and human rights
  2. Annual discussion on the integration of a gender perspective throughout the work of the Human Rights Council and that of its mechanisms
  3. Annual half-day panel discussion on the rights of indigenous peoples on the theme “Situation of human rights of indigenous peoples facing the COVID-19 pandemic, with a special focus on the right to participation” (accessible to persons with disabilities)
  4. Half-day panel discussion on deepening inequalities exacerbated by the COVID-19 pandemic and their implications for the realization of human rights (accessible to persons with disabilities)
  5. High-level panel discussion on the theme “The tenth anniversary of the United Nations Declaration on Human Rights Education and Training: good practices, challenges and the way forward” (accessible to persons with disabilities
  6. Panel discussion on the promotion and protection of human rights in the context of peaceful protests, with a particular focus on achievements and contemporary challenges (accessible to persons with disabilities)

Read here ISHR’s recommendations on the the key issues that are or should be on the agenda of the UN Human Rights Council in 2021.

https://ishr.ch/

Amnesty accuses Nicaragua of using enforced disappearance as the new tactic for repression

August 26, 2021
Amnesty International Logotype

The enforced disappearance of people is the latest tactic that authorities in Nicaragua have adopted to silence any criticism or dissenting voices, Amnesty International said in a new report released on 25 August 2021. Where are they? Enforced Disappearance as a Strategy of Repression in Nicaragua documents the cases of 10 people detained for their activism or for exercising their right to freedom of expression who have been subjected to enforced disappearance, despite being in the custody of the Nicaraguan authorities. 

Daniel Ortega’s government of is implementing a new strategy to try to silence those who speak out. By disappearing opponents, activists and journalists, Ortega is showing his fear of criticism and complaints,” said Erika Guevara-Rosas, Americas director at Amnesty International.

The 10 cases we have documented demonstrate a new pattern of detentions followed by enforced disappearances and bear strong similarities to the cases of dozens of others who may be in the same situation. We demand that Daniel Ortega’s government immediately release all those detained for exercising their rights.” 

Since the beginning of the human rights crisis in Nicaragua in April 2018, there has been no end to reports of harassment against people identified as opponents of the government, human rights defenders, journalists, victims of human rights violations and their families.

The new phase of the repressive strategy of President Ortega’s government, which is highlighted by the detention of a new group of people identified as opponents of the government, began on 28 May 2021. From then until 2 August, more than 30 people were deprived of their liberty, adding to the more than 100 people who were already in prison just for exercising their human rights.

After analysing the cases of 10 individuals, Amnesty International concluded that – in light of the Nicaraguan state’s international human rights obligations – their detention, followed by the concealment of their whereabouts, constitutes the crime of enforced disappearance. The cases documented were those of Daysi Tamara Dávila, Miguel Mendoza, José Pallais, Suyen Barahona, Víctor Hugo Tinoco, Félix Maradiaga, Ana Margarita Vijil, Violeta Granera, Jorge Hugo Torres and Dora María Téllez.

The 10 documented cases are not isolated cases and occur in a context where there are repeated reports of other situations that have important similarities. Therefore, the cases analysed likely represent just a small sample of a longer list of victims.

In all of the documented cases, as of 2 August (the closing date of the investigation), the authorities had not officially disclosed the exact location of the detainees – a requirement under international law. In most cases, the only information received about their possible location has been provided verbally by police officers at the gate of the Judicial Assistance Directorate Evaristo Vasquez Police Complex (Dirección de Auxilio Judicial Complejo Policial Evaristo Vásquez, DAJ), known as the “New Chipote” (Nuevo Chipote), after family members insisted. However, mere statements by police officers in charge of the entrance of a detention centre are not sufficient, official and credible proof of the whereabouts and conditions of the detainees.

Both the Public Prosecutor’s Office and the National Police have issued public statements acknowledging the detentions. However, in none of them do they mention the place of detention. Furthermore, the families have not been able to visit the detainees, their legal teams have not had access to interview them, and the judicial authorities have not responded to calls to authorise the entry of family members and lawyers.

The information available to Amnesty International shows that the families and legal representatives of the 10 detainees submitted more than 40 applications, petitions and appeals to different authorities, requesting access to their files, medical examinations for the detainees, interviews with their lawyers, family visits, and immediate release, among other requests. Unfortunately, these appeals have been ineffective and, in most cases, left unanswered by the authorities.

Enforced disappearance is a crime under international law and one of the most serious human rights violations because it implies the violation of multiple human rights. It is defined as a lawful or unlawful deprivation of a person’s liberty by state agents, or by other actors with the acquiescence or tolerance of the state, without subsequently acknowledging that the detention took place, or, if acknowledged, withholding information about the fate or whereabouts of the person deprived of liberty.

“This week will mark 90 days since the most recent detentions began, but the authorities continue to refuse to provide official information on the whereabouts and conditions of detention,” said Erika Guevara-Rosas. “The families deserve to know for sure if their loved ones are alive and where they are being held. The anguish they’re experiencing is yet another form of punishment under the repressive policies of Daniel Ortega’s government.”

Where are they? Enforced Disappearance as a Strategy of Repression in Nicaragua (Research, 25 August 2021)

Results of 47th session of the Human Rights Council

August 7, 2021

The ISHR and 17 other organisations (see below for their names) share reflections on the key outcomes of the 47th session of the UN Human Rights Council, as well as the missed opportunities to address key issues and situations. See also: https://humanrightsdefenders.blog/2021/06/22/key-issues-affecting-hrds-in-47th-session-of-un-human-rights-council-june-2021/

CIVIL SOCIETY PARTICIPATION

We deplore the systemic underfunding of the UN human rights system and the drive for so-called efficiency, including the cancellation of general debates in June, which are a vital part of the agenda by which NGOs can address the Council without restrictions. We call for the reinstatement of general debates at all sessions, with the option of civil society participation through video statements.  We welcome the focus of the civil society space resolution on the critical role played by civil society in the COVID-19 response, and the existential threats to civil society engendered or exacerbated by the pandemic. For the resolution to fulfil its goal, States must now take action to address these threats; while we welcome the broad support indicated by a consensus text, this cannot come at the cost of initiatives that will protect and support civil society.

HUMAN RIGHTS ONLINE

We welcome a resolution on the promotion, protection and enjoyment of human rights on the Internet and its thematic focus on bridging digital divides, an issue which has become ever-important during the COVID-19 pandemic. We urge all States to implement the resolution by taking concrete measures to enhance Internet accessibility and affordability and by ceasing Internet shutdowns and other disruptions, such as website blocking and filtering and network throttling. In future iterations of the text, we encourage the core group to go further in mentioning concrete examples that could be explored by States in adopting alternative models for expanding accessibility, such as the sharing of infrastructure and community networks.  We welcome the resolution on new and emerging digital technologies and human rights, which aims to promote a greater role for human rights in technical standard-setting processes for new and emerging digital technologies, and in the policies of States and businesses. While aspects of the resolution risk perpetuating “technology solutionism”, we welcome that it places a stronger focus on the human rights impacts of new and emerging digital technologies since the previous version of the resolution, such as introducing new language reiterating the importance of respecting and promoting human rights in the conception, design, use, development, further deployment and impact assessments of such technologies.

GENDER EQUALITY AND NON-DISCRIMINATION

We are concerned by the increasing number of amendments and attempts to weaken the texts. We are particularly concerned by the continued resistance of many States to previously adopted texts and States’ willful misinterpretation of key concepts related in resolutions on human rights in the context of HIV and AIDS, accelerating efforts to eliminate all forms of violence against women and girls: preventing and responding to all forms of violence against women and girls with disabilities and preventable maternal mortality and morbidity and human rights on maternal morbidities. We deplore the instrumentalising of women’s rights and sexual and reproductive health and rights. We encourage States to center the rights of people most affected and adopt strong texts on these resolutions. We welcome the resolution on menstrual hygiene management, human rights and gender equality as the first step in addressing deep-rooted stigma and discrimination. We urge all States to address the root causes for the discrimination and stigma on menstruation and its impact.

RACIAL JUSTICE AND EQUALITY

The High Commissioner’s report highlighted the long-overdue need to confront legacies of slavery, the transatlantic trade in enslaved Africans and colonialism and to seek reparatory justice. We welcome the historic consensus decision, led by the Africa Group, to adopt a resolution mandating an independent international expert mechanism to address systemic racism and promote racial justice and equality for Africans and people of African descent. The adoption of this resolution is testament to the resilience, bravery and commitment of victims, their families, their representatives and anti-racism defenders globally. We deplore efforts by some Western States, particularly former colonial powers, to weaken the text and urge them to now cooperate fully with the mechanism to dismantle systemic racism, ensure accountability and reparations for past and present gross human rights violations against Black people, end impunity for racialized State violence and address the root causes, especially the legacies of enslavement, colonialism, and the transatlantic trade in enslaved Africans.

MIGRANTS RIGHTS

Whilst we welcome the return of a resolution on human rights of migrants, we deplore the continued failure of the Council to respond meaningfully to the severity and global scale of human rights violations at international borders including connected to pushbacks. International borders are not and must not be treated as places outside of international human rights law. Migrants are not and must not be treated as people outside of international human rights law. Expressions of deep concern in interactive dialogues must be translated into action on independent monitoring and accountability.

ARMS TRANSFERS AND HUMAN RIGHTS

We welcome the resolution on the impact of arms transfers on human rights and its focus on children and youth. However, we note with concern the resistance of the Council to meaningfully focus on legal arms transfers beyond those diverted, unregulated or illicitly transferred. The Council should be concerned with all negative human rights impacts of arms transfers, without focusing only on those stemming from diversion and unregulated or illicit trade.

CLIMATE CHANGE

We are disappointed that the resolution on human rights and climate change fails to establish a new Special Rapporteur. However, we welcome the increasing cross regional support for a new mandate. It is a matter of urgent priority for the Council to establish it this year.

COUNTRY SPECIFIC SITUATIONS

ALGERIA

While special procedures, the OHCHR and multiple States have recognized the intensifying Algerian authorities’ crackdown on freedom of association and expression, the Council failed to act to protect Algerians striving to advance human rights and democracy.

BELARUS

We welcome the renewal of the mandate of the UN Special Rapporteur on Belarus. Given the ongoing human rights crisis in Belarus, the mandate complements the OHCHR Examination in ensuring continuous monitoring of the situation, and the mandate remains an accessible and safe channel for Belarusian civil society to deliver diverse and up-to-date information from within the country.

CHINA

The Council has once again failed to respond meaningfully to grave human rights violations committed by Chinese authorities. We reiterate our call on the High Commissioner and member States to take decisive action toward accountability.

COLOMBIA

We are disappointed that few States made mention of the use of excessive force against protestors in a context of serious human rights violations, including systemic racism, and urge greater resolve in support of the right to freedom of peaceful assembly in the country and globally

ETHIOPIA

The resolution on Ethiopia’s Tigray region, albeit modest in its scope and language, ensures much-needed international scrutiny and public discussions on one of Africa’s worst human rights crises. We urge the Ethiopian government to engage ahead of HRC48.

ERITREA

We welcome the extension of the mandate of the Special Rapporteur on Eritrea, as scrutiny for violations committed at home and in Tigray is vital.

NICARAGUA

We warmly welcome the joint statement delivered by Canada on behalf of 59 States, on harassment and detention of journalists, human rights defenders, and presidential pre-candidates, urging Nicaragua to engage with the international community and take meaningful steps for free and fair elections. States should closely monitor the implementation of resolution 46/2, and send a strong collective message to Nicaragua at the 48th session of the Council, as the Council should ‘urgently consider all measures within its power’ to strengthen human rights protection in the country.

PALESTINE

We welcome the Special Rapporteur’s report that “Israeli settlements are the engine of this forever occupation, and amount to a war crime,” emphasizing that settler colonialism infringes on “the right of the indigenous population […] to be free from racial and ethnic discrimination and apartheid.” We also reiterate his recommendation to the High Commissioner “to regularly update the database of businesses involved in settlements, in accordance with Human Rights Council resolution 31/36.”

THE PHILIPPINES

While acknowledging the signing of the Joint Human Rights Programme with the UN OHCHR, the Government of the Philippines fails to address the long-standing issues on law enforcement and accountability institutions, including in the context of war on drugs. We continue to urge the Council to launch the long-overdue independent and transparent investigation on the on-going human rights violations.

SYRIA

We welcome mounting recognition for the need to establish a mechanism to reveal the fate and whereabouts of the missing in Syria, including by UN member states during the interactive dialogue on Syria, and the adoption of the resolution on Syria addressing the issue of the missing and emphasizing the centrality of victim participation, building on the momentum created by the Syrian Charter for Truth and Justice.

VENEZUELA

In the context of the recent arbitrary detention of 3 defenders from NGO Fundaredes, we welcome the denunciation by several States of persistent restrictions on civil society and again for visits of Special Rapporteurs to be accepted and accelerated.

*American Civil Liberties Union, Association for Progressive Communications, Cairo Institute for Human Rights Studies, Centro de Estudios Legales y Sociales (CELS), Center for Reproductive Rights, Child Rights Connect, CIVICUS: World Alliance for Citizen Participation, Commonwealth Human Rights Initiative, Conectas Direitos Humanos, Egyptian Initiative for Personal Rights, FIDH, Franciscans International, Human Rights House Foundation, International Bar Association’s Human Rights Institute, International Commission of Jurists, International Lesbian and Gay Association, International Service for Human Rights, US Human Rights Network

https://ishr.ch/latest-updates/hrc47-civil-society-presents-key-takeaways-from-human-rights-council/

Key issues affecting HRDs in 47th session of UN Human Rights Council (June 2021)

June 22, 2021

The 47th session of the UN Human Rights Council will take place from 21 June to 15 July 2021. The ISHR has again issued its very helpful overview of key issues and below is an extract of those affecting human rights defenders most directly. For a wrap-up of the previous session, see: https://humanrightsdefenders.blog/2021/03/29/wrap-up-46th-session-of-un-human-rights-council-with-key-resolutions-on-belarus-and-myanmar-and-more/

Modalities of participation in HRC47

According to the Bureau minutes of 2 and 4 June 2021, the extraordinary modalities for the 47th session should be similar to the modalities applied during the 46th session.

Thematic areas of interest:

Sexual orientation and gender identity

The Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity will present his report, followed by an interactive dialogue on 24 June. The report seeks to document how particular narratives on gender are being used to fuel violence and discrimination based on sexual orientation and gender identity. In the report, the Expert examines how the incorporation of comprehensive gender theory enables more accurate and appropriate consideration of dynamics of negation and stigma, and the key role of law, public policy and access to justice in promoting either continuity of injustice or social change.

The report highlights the mandate’s position in relation to current narratives and constructions through which the application of gender frameworks, especially its promise for gender equality across diverse persons, is challenged; and build on gender concepts and feminist analysis to further substantiate the mandate’s understanding of root causes and dynamics of violence and discrimination based on sexual orientation and gender identity.

This report will be presented in the context of high levels of violence against trans and gender nonconforming people and those defending their rights. Beyond this, the COVID-19 pandemic has disproportionately impacted trans and gender nonconforming people and those defending their rights worldwide, especially those most marginalised.

Systemic racism, police brutality and violence against peaceful protests in the United States and globally

The High Commissioner will present the comprehensive report of Resolution 43/1 to the Council on 12 July followed by an interactive dialogue. ISHR previously joined 171 families of victims of police violence in the United States and over 270 civil society organisations from more than 40 countries in calling on the Council to establish an independent commission of inquiry into police killings of Black men and women, as well as violent law enforcement responses to protests in the United States….

The Council should ensure the establishment of robust international accountability mechanisms which would further support and complement, not undermine, efforts to dismantle systemic racism in the United States and globally, especially in the context of police violence against Black people.

Business and human rights

June 2021 marks the tenth anniversary of the unanimous endorsement by the Council of the United Nations Guiding Principles on Business and Human Rights (UNGPs). The Guiding Principles have become one of the key frameworks for private business to carry out their responsibility to respect human rights, for States to discharge their obligations under international law in relation to business activities, and for civil society and human rights defenders to utilise the UNGPs to demand structural changes in the way companies operate internationally. Human rights need to be an essential element of how businesses design their operations. After 10 years, we have the chance to look back and into the future with a critical eye. In that regard, a ‘Roadmap for the Next Decade’ will be presented by the UN Working Group on Business and Human Rights this month. ISHR continues to work with the UN, civil society and progressive companies to protect and promote the work of human rights defenders.

In tandem with its annual report, the UN Working Group will also present in June a long-awaited guidance document on business and human rights defenders based on the UNGPs. The ‘United Nations Guidance on the role of the Guiding Principles for engaging with, safeguarding and ensuring respect for the rights of human rights defenders’ was supported and informed by ISHR and partners, and builds on the experiences gathered through the Business Network on Civic Freedoms and Human Rights Defenders, an initiative ISHR co-founded with the Business and Human Rights Resource Centre. This document will become a key instrument for civil society, businesses and States in ensuring that human rights defenders are protected and recognised as essential actors in maintaining rule of law and a functioning shared civic space. 

The Working Group on the issue of human rights and transnational corporations and other business enterprises will present its reports, followed by an interactive dialogue, on 29 June. [see also: https://humanrightsdefenders.blog/2020/09/30/business-and-human-rights-updated-list-of-companies-supporting-hrds/]

Reprisals

On this topic see also: https://humanrightsdefenders.blog/2021/05/06/un-action-on-reprisals-towards-greater-impact/

During the 42nd session, the Council adopted a resolution which listed key trends such as the patterns of reprisals, increasing self-censorship, the use of national security arguments and counter-terrorism strategies by States as justification for blocking access to the UN. The resolution also acknowledged the specific risks to individuals in vulnerable situations or belonging to marginalised groups, and called on the UN to implement gender-responsive policies to end reprisals. The Council called on States to combat impunity and to report back to it on how they are preventing reprisals, both online and offline.

Item 5 of the Human Rights Council’s agenda provides a key opportunity for States to raise concerns about reprisals, and for governments involved in existing cases to provide an update to the Council on any investigation or action taken toward accountability to be carried out.

During the organisational meeting held on 7 June, the President of the Council stressed the importance of ensuring the safety of those participating in the Council’s work, and the obligation of States to prevent intimidation or reprisals.

ISHR recently launched a study analysing 709 reprisals cases and situations documented by the UN Secretary-General between 2010 and 2020 and looked at trends and patterns in the kinds of cases documented by the UNSG, how these cases have been followed up on over time, and whether reprisal victims consider the UN’s response effective. Among other things, the study found that nearly half the countries serving on the Council have been cited for perpetrating reprisals. The study also found that the HRC Presidency appears to have been conspicuously inactive on intimidation and reprisals, despite the overall growing numbers of cases that are reported by the UNSG – including on individuals’ or groups’ engagement with the HRC – and despite the Presidency’s legal obligation to address such violations. The study found that the HRC Presidency took publicly reported action in only 6 percent of cases or situations where individuals or organisations had engaged with the HRC. Not only is this a particularly poor record in its own right, it also compares badly with other UN actors.

In line with previous calls, ISHR expects the President of the Human Rights Council to publicly identify and denounce specific instances of reprisals by issuing formal statements, conducting press-briefings, corresponding directly with the State concerned, publicly releasing such correspondence, and insisting on undertakings from the State concerned to investigate, hold the perpetrators accountable and report back to the Council on action taken.

Other thematic reports

At this 47th session, the Council will have dedicated debates with the mandate holders and the High Commissioner, including interactive dialogues with:

  • The High Commissioner on State response to pandemics 
  • The Special Rapporteur on the right to housing
  • The Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health 
  • The Independent Expert on human rights and international solidarity
  • The Special Rapporteur on the right to education 
  • The Special Rapporteur on extreme poverty and human rights 
  • The Special Rapporteur on extrajudicial, summary or arbitrary executions 
  • The Special Rapporteur on the rights to freedom of peaceful assembly and of association 
  • The Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression 
  • The Working Group on arbitrary detention on its study on drug policies
  • The Special Rapporteur on the right to privacy 

In addition, the Council will hold dedicated debates on the rights of specific groups including:

  • The Special Rapporteur on the human rights of migrants 
  • The Special Rapporteur on the human rights of internally displaced persons 
  • The Special Adviser on Prevention of Genocide 
  • The Working Group on discrimination against women and girls 
  • The Special Rapporteur on violence against women, its causes and consequences 
  • The Special Rapporteur on trafficking in persons, especially women and children
  • The Special Rapporteur on the independence of judges and lawyers 
  • The Special Rapporetur on the elimination of discrimination against persons affected by leprosy and their family members 

Country-specific developments

China 

One year after the UN Special Procedures issued a sweeping statement  calling for the international community to take ‘decisive action’ on the human rights situation in China, much more remains to be done. Calls are growing for more clear and timely reporting from the UN, including the High Commissioner for Human Rights and her Office, on the repressive policies and practices targeting Uyghurs and other Turkic Muslims. At the same time, worrying news continues about violations of cultural rights of Tibetans, while Hong Kong’s democratic institutions – and its people – have suffered a series of blows from legislative, policy and legal decision targeting pro-democracy leaders. For the first time since 1989, peaceful public demonstrations to commemorate the massacre on Tiananmen Square were prohibited. 

Against this context, ISHR urges States to speak out firmly against the lack of accountability for the Chinese government in light of substantial evidence of violations, including crimes against humanity. In so doing, it is essential to recognise the systemic and structural nature of these violations: to highlight the dire situation for Uyghurs, Tibetans and other minority groups; pro-democracy civil society leaders, lawyers and legislators in Hong Kong; and human rights defenders like lawyer and Martin Ennals Award winner Yu Wensheng [see: https://www.trueheroesfilms.org/thedigest/laureates/69fc7057-b583-40c3-b6fa-b8603531248e] and anti-discrimination activists like the Changsha 3. No matter its position or influence, China must be held to the same high standards as any other Council member. See also; https://humanrightsdefenders.blog/2020/12/18/chinas-continuing-crackdown-on-human-rights-lawyers-shocking-say-un-experts/

Egypt

At the 46th session of the Council, over 30 States led by Finland urged Egypt to end its repression of human rights defenders, LGBTI persons, journalists, politicians and lawyers under the guise of countering-terrorism. The joint State statement ended years of a lack of collective action at the Council on Egypt, despite the sharply deteriorating human rights situation in the country. Egypt must answers these calls, starting by releasing the thousands arbitrarily detained, protecting those in custody from torture and other ill-treatment, and ending the crackdown on peaceful activists. The UN Working Group on Arbitrary Detention has previously concluded that arbitrary detention is a systematic problem in Egypt and the Committee against Torture has concluded that torture is a systematic practice in Egypt. To date, Egypt has failed to address all the concerns expressed by States, the High Commissioner and Special Procedures, despite repeated calls on the government, including most recently by over 60 NGOs. ISHR joined over 100 NGOs from across the world in urging the Council to establish a monitoring and reporting mechanism on Egypt and will continue to do so until there is meaningful and sustained improvement in the country’s human rights situation.

Saudi Arabia

This session will mark two years since the Special Rapporteur on extrajudicial, summary or arbitrary executions presented to the Council the investigation into the unlawful death of Saudi journalist Jamal Khashoggi, and yet no meaningful steps towards accountability have been taken by the Saudi authorities. The Special Rapporteur called on Saudi Arabia to “demonstrate non-repetition by: releasing all individuals imprisoned for the peaceful expression of their opinion and belief; independently investigating all allegations of torture and lethal use of force in formal and informal places of detention; and independently investigating all allegations of enforced disappearances and making public the whereabouts of individuals disappeared”. To date, Saudi Arabia has refused to address these key concerns, which were also raised by over 40 States at the Council in March 2019, September 2019 and September 2020, further demonstrating its lack of political will to genuinely improve the human rights situation and to engage constructively with the Council. The sentencing and subsequent release of several women’s rights activists highlights the importance of the Council’s scrutiny which must be sustained in order to secure meaningful, concrete, and systematic gains. We recall that the Special Rapporteur also called on Member States to support resolutions that seek to ensure or strengthen accountability for the execution of Khashoggi. ISHR reiterates its call on the Council to establish a monitoring and reporting mechanism on the human rights situation in Saudi Arabia.

Colombia  

After more than a month of strikes and street protests in Colombia, which have seen protestors killed at the hands of law enforcement officers and civilians, and human rights defenders covering the events threatened and attacked, the Council session provides States with the opportunity to take action. States must call on Colombia to respect the human rights of its people – including the right to freedom of peaceful assembly – and address the underlying causes of the protests, including violations of economic, social and cultural rights, inequality and racial discrimination. This situation of violence and non-compliance with all standards of the use of force has had a particular impact on the Afro-descendant population. Specific calls from Colombian civil society include for OHCHR to investigate and report on the protests in the country including gather statistical data on the facts that threaten the human rights of Afro-Colombian people; for the High Commissioner to visit Colombia when possible; and for Colombia to open its doors to a range of Special Rapporteurs to allow for ongoing monitoring and reporting. The High Commissioner, who has made a statement on the situation in the country, will present her annual report at the start of the session and it is hoped and expected that Colombia will feature as a country of concern. [see also: https://humanrightsdefenders.blog/2020/01/20/colombia-21-january-2020-civil-society-begins-a-much-needed-patriotic-march/]

Nicaragua 

Last March, the Council renewed its resolution on the human rights situation in Nicaragua, which strengthened the High Commissioner’s office monitoring and reporting mandate, by including an interim oral update with recommendations in the context of upcoming national elections. Despite the resolution’s clear calls on the Government to repeal recently adopted laws that harshly restrict civic space, stop targeting human rights defenders and journalists, and urgently implement reforms to ensure free and credible elections, the Nicaraguan authorities have acted in the opposite direction. While UN experts ‘deplore spate of attacks and arrests of human rights defenders’, the OHCHR publicly expressed their deep concern that ‘Nicaragua’s chances of holding free and genuine elections on 7 November are diminishing as a result of measures taken by authorities against political parties, candidates and independent journalists, which further restrict the civic and democratic space’. As the High Commissioner will present her oral update on Nicaragua on 22 June, States should call on Nicaragua to urgently reverse course and implement the recommendations from resolution 46/2, in particular to guarantee the enjoyment of the rights to freedom of information, expression, association and assembly, and the right to take part in the conduct of public affairs; and to swiftly put an end to the harassment (including the judicial harassment) and detention of journalists and ex-members of the Violeta Chamorro Foundation and Confidencial media outlet. 

Venezuela

Venezuela will be back on the Council’s agenda with OHCHR providing an update on the situation of human rights in the country, including in regard to UN recommendations (5 July).  Recent positive developments in the country, including the nomination to the National Electoral Council of individuals supported by a broad swathe of civil society, are offset by continuing human rights and humanitarian crises. The UN’s recommendations to Venezuela are numerous, wide-ranging and largely ignored. States must use opportunities at the Council to press home the importance of those recommendations being heeded. ISHR looks forward to making a statement during the dialogue, focusing in on levels of implementation of recommendations. Given that reprisals against Venezuelan defenders have been common over recent years – with cases cited in eight of the Secretary General’s reports on cooperation with the UN since 2010 – it is essential that States speak out in support of civil society engagement and that the UN define a preventative strategy to ensure defenders’ protection. 

Burundi

On 30 June 2020, the Supreme Court of Burundi set aside the ruling by the Appeals Court to uphold the 32-year sentence in Rukuki’s case and ordered a second appeal hearing, citing violations to his right to a fair trial. This second appeal hearing took place 8 months later on 24 March 2021 in Ngozi prison, where he is currently detained. According to the Burundian Code of Criminal Procedure, following the hearing the Court has 30 days to return a verdict on the case, but this verdict is still pending nearly 60 days later. This delay clearly demonstrates a lack of due process in the case of the internationally recognised human rights defender and political prisoner. In an open letter, a group of civil society organisations denounced the dysfunctioning of judicial proceedings in the country. After confirming the 32 years sentence of defender Germain Rukuki, Burundi continues its crackdown against civil society. Germain Rukuki has now spent nearly 4 years in prison. He has already waited an additional 30 days for this final verdict to be announced without any legal reason; he should not have to wait any longer. In addition to ensuring the continued work of the Commission of Inquiry on Burundi, members of the Council need to call on Burundi to demonstrate their commitment to respect the independence of the judiciary and comply fully with the fair trial obligations of Burundi under international law and announce the verdict in this case without any further delay.  [see also: https://humanrightsdefenders.blog/2019/03/29/ngo-statement-condemns-new-irregularities-in-the-case-of-germain-rukuki-burundi/]

The Council will consider reports on and is expected to consider resolutions addressing a range of country situations, in some instances involving the renewal of the relevant expert mandates. These include:

  • Interactive Dialogue with the SR on the situation of human rights in Eritrea
  • Oral update by the High Commissioner on the situation of human rights in Nicaragua
  • Interactive Dialogue with the SR on the situation of human rights in Belarus 
  • Interactive Dialogue with the Commission of Inquiry on the Syrian Arab Republic 
  • Interactive Dialogue with the High Commissioner on the human rights situation of Rohingya Muslims and other minorities in Myanmar and Interactive Dialogue with the SR on the situation of human rights in Myanmar 
  • Interactive Dialogue with the SR on the situation of human rights in the Palestinian Territories occupied since 1967 
  • Interactive Dialogue with the High Commissioner on Ukraine  and interim report of the Secretary-General on human rights in Crimea 
  • Interactive Dialogue with the Independent Expert on the situation of human rights in the Central African Republic

Council programme, appointments and resolutions

During the organisational meeting for the 47th session held on 7 June the President of the Human Rights Council presented the programme of work. It includes seven panel discussions. States also announced at least 22 proposed resolutions. Read here the reports presented this session. 

The President of the Human Rights Council will propose seven candidates for the following sevent mandates: 

  1. The Independent Expert on the enjoyment of human rights by persons with albinism; 
  2. The Special Rapporteur on the right to privacy;
  3. The Special Rapporteur on violence against women, its causes and consequences; 
  4. Two members of the Working Group of Experts on People of African Descent (one from Asia-Pacific States and one from Eastern European States); 
  5. A member of the Working Group on Enforced or Involuntary Disappearances, from Western European and other States; 
  6. The Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights 

As of 8 June, however, the recommended candidates list was only available for four of the above positions, due to challenges among the Consultative Group, the five individuals appointed from each UN region to interview and shortlist candidates. It is critical that the process overcome such delays, so as to avoid any protection gaps arising from a failure to appoint a new mandate holder.

Resolutions to be presented to the Council’s 47th session

The following resolutions were announced (States leading the resolution in brackets):

  1. Menstrual hygiene, human rights and gender equality (Africa Group)
  2. Elimination of harmful practices (Africa Group)
  3. Cooperation with and assistance to Ukraine in the field of human rights (Ukraine) 
  4. Situation of human rights of Rohingya Muslims and other minorities in Myanmar (OIC) 
  5. The protection of human rights in the context of human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS) (Brazil, Colombia, Mozambique, Portugal, Thailand)
  6. The human rights situation in the Syrian Arab Republic, on missing persons and enforced disappearances (France, Germany, Italy, Jordan, Kuwait, Netherlands, Qatar, Turkey, United Kingdom of Great Britain and Northern Ireland, United States of America)
  7. The human rights situation in Belarus, mandate renewal (EU)
  8. The human rights situation in Eritrea, mandate renewal (EU) 
  9. Negative impact of corruption on the enjoyment of human rights ( Austria, Argentina, Brazil, Ethiopia, Indonesia, Morocco, Poland, United Kingdom of Great Britain and Northern Ireland)
  10. Enhancement of international cooperation in the field of human rights (Azerbaijan on behalf of NAM)
  11. New and emerging digital technologies and human rights (Austria, Brazil, Denmark, Morocco, Republic of Korea, Singapore)
  12. Human rights of migrants (Mexico)
  13. Impact of arms transfers on human rights (Ecuador, Peru)
  14. Civil society space (Chile, Ireland, Japan, Sierra Leone, Tunisia)
  15. Realizing the equal enjoyment of the right to education by every girl (UAE, UK)
  16. Preventable maternal mortality and morbidity (Colombia, New Zealand, Estonia) 
  17. The promotion, protection and enjoyment of human rights on the Internet (Brazil, Nigeria, Sweden, Tunisia, United States of America)
  18. Accelerating efforts to eliminate all forms of violence against women (Canada)
  19. Right to education (Portugal)

Adoption of Universal Periodic Review (UPR) reports

During this session, the Council will adopt the UPR working group reports on Federated States of Micronesia, Lebanon, Mauritania, Saint Kitts and Nevis, Australia, Saint Lucia, Nepal, Oman, Austria, Myanmar, Rwanda, Georgia, Sao Tome and Principe and Nauru.

ISHR supports human rights defenders in their interaction with the UPR. We publish and submit briefing papers regarding the situation facing human rights defenders in some States under review and advocate for the UPR to be used as a mechanism to support and protect human rights defenders on the ground. 

Panel discussions

During each Council session, panel discussions are held to provide member States and NGOs with opportunities to hear from subject-matter experts and raise questions. Seven panel discussions are scheduled for this upcoming session:

  1. High-level panel discussion on the multisectoral prevention of and response to female genital mutilation
  2. Panel discussion on the tenth anniversary of the Guiding Principles on Business and Human Rights
  3. Panel discussion on the human rights of older persons in the context of climate change [accessible panel]
  4. Annual full-day discussion on the human rights of women, one on violence against women and girls with disabilities, and another on gender-equal socioeconomic recovery from the COVID-19 pandemic
  5. Quadrennial panel discussion on promoting human rights through sport and the Olympic ideal [accessible panel]. Theme: The potential of leveraging sport and the Olympic ideal for promoting human rights for young people
  6. ​Annual thematic panel discussion on technical cooperation and capacity-building. Theme: Technical cooperation to advance the right to education and ensure inclusive and equitable quality education and lifelong learning for all

Read here the three year programme of work of the Council with supplementary information.

Read here ISHR’s recommendations on the key issues that are or should be on the agenda of the UN Human Rights Council in 2021.

Stay up-to-date: Follow @ISHRglobal and #HRC47 on Twitter, and look out for the Human Rights Council Monitor.

During the session, follow the live-updated programme of work on Sched

https://www.ishr.ch/news/hrc47-key-issues-agenda-june-2021-session

https://genevasolutions.news/peace-humanitarian/myanmar-debate-dominates-human-rights-council-opening-session

https://observatoryihr.org/news/47th-session-of-the-human-rights-council-opens-on-the-longest-day/

Wrap up 46th session of UN Human Rights Council with key resolutions on Belarus and Myanmar and more

March 29, 2021

UN Photo/Jean-Marc FerréA general view of the Geneva-based UN Human Rights Council in session. 24 March 2021

The UN’s top rights forum passed resolutions condemning abuses of fundamental freedoms in Belarus and Myanmar on Wednesday, in response to ongoing concerns over the human rights situation in both countries.

The ISHR and another 15 organisations (see below) produced as usual their reflections on the key outcomes of the 46th session of the UN Human Rights Council, as well as the missed opportunities to address key issues and situations including pushbacks and other human rights violations faced by migrants and refugees, and the human rights situations in Algeria, Cameroon, China, India, Kashmir and the Philippines.

They welcome some important procedural advances such as the possibility for NGOs to make video statements, which should be maintained and expanded after the pandemic for all discussions, including in general debates. …They are concerned by the renewal for another year of the ‘efficiency’ measures piloted in 2020, despite their negative impact on civil society participation in a year also impacted by the COVID-19 pandemic. We urge States to reinstate general debates in the June sessions, to preserve their open-ended nature, and maintain the option of video intervention also in general debates.

Environmental justice:

They welcome the joint statement calling for the recognition of the right of all to a safe, clean, healthy and sustainable environment that was delivered by the Maldives, on behalf of Costa Rica, Morocco, Slovenia and Switzerland and supported by 55 States. We call on all States to seize this historic opportunity to support the core-group as they continue to work towards UN recognition so that everyone in the world, wherever they live, and without discrimination, has the right to live in a safe, clean and sustainable environment.

We welcome the joint statement that was delivered by Bangladesh, on behalf of 55 States, calling the Council to create a new Special Rapporteur on human rights and climate change. We believe this new mandate would be essential to supporting a stronger human rights-based approach to climate change, engaging in country visits, normative work and capacity-building, and further addressing the human rights impacts of climate responses, in order to support the most vulnerable. This mandate should be established without further delay.

Racial Justice: Over 150 States jointly welcomed that the implementation of HRC Resolution 43/1 will center victims and their families. They urge the Council to respond to the High Commissioner’s call to address root causes of racism including the “legacies of enslavement, the transatlantic trade in enslaved Africans, and its context of colonialism”. The Council must answer to the demands of victims’ families and civil society’s, and establish – at its next session – an independent inquiry to investigate systemic racism in law enforcement in the United States and a thematic commission of inquiry to investigate systemic racism in law enforcement globally, especially where it is related to legacies of colonialism and transatlantic slavery.

Right to health: The resolution on ensuring equitable, affordable, timely, and universal access by all countries to vaccines in response to the COVID-19 pandemic is a welcome move in highlighting the need for States not to have export and other restrictions on access to safe diagnostics, therapeutics, medicines, and vaccines, and essential health technologies, and their components, as well as equipment  and encouraged States to use all flexibilities within TRIPs. However, a revised version of the resolution tabled was further weakened by the deletion of one paragraph on stockpiling of vaccines and the reference to ‘unequal allocation and  distribution among countries”. The specific deletion highlights the collusion between rich States and big pharmaceuticals, their investment in furthering monopolistic intellectual property regimes resulting in grave human rights violations. The reluctance of States, predominantly WEOG States who continue to defend intellectual property regimes and States’ refusal to hold business enterprises accountable to human rights standards is very concerning during this Global crisis.

Attempts to undermine HRC mandate: They regret that once again this Council has adopted a resolution, purportedly advancing ‘mutual beneficial cooperation’ which seeks to undermine and reinterpret both the principle of universality and its mandate. Technical assistance, dialogue and cooperation must be pursued with the goal of promoting and protecting human rights, not as an end in itself or as a means of facilitating inter-State relations. We reiterate our call on all States, and especially Council members, to consider country situations in an independent manner, based on objective human rights criteria supported by credible UN and civil society information. This is an essential part of the Council’s work; reliance on cooperation alone hobbles the Council’s ability to act to support the defenders and communities that look to it for justice.

Country-specific resolutions: They welcome the new mandate for the High Commissioner focused on the human rights situation in Belarus in the context of the 2020 Presidential election. It is now essential for States to support the High Commissioner’s office, ensuring the resources and expertise are made available so that the mandate can be operationalised as quickly as possible. Immediately afterwards, on 24 March, 2021 the Human Rights House Foundation published a call by 64 Belarusian and international human rights organisations, welcoming the resolution passed by the UN Human Rights Council mandating the High Commissioner to create a new robust monitoring and reporting mandate focused on accountability for human rights violations in Belarus that have taken place since 1 May 2020. In so doing, the Council demonstrated its determination to hold Belarusian authorities to account. This mandate needs immediate action. We urge the international community to support this critical next step. The mandate should provide a complementary and expert international mechanism to regional accountability processes already under way. Furthermore, it should assist in the identification of those responsible for the most serious violations for future prosecution. [https://humanrightshouse.org/statements/civil-society-organisations-call-for-the-immediate-operationalisation-of-hrcs-new-mandate-on-belarus/]

They welcome the renewal of the mandate of the Special Rapporteur on Iran, and urge Council to consider further action to hold Iranian authorities accountable, in view of the systematic impunity and lack of transparency surrounding violations of human rights in the country.

They welcome the call for additional resources for the Special Rapporteur on Myanmar, increased reporting by OHCHR as well as the work of the IIMM. Lack of international monitoring on, the imposition of martial law in Myanmar to prosecute civilians, including protesters, before military courts, the dangerous escalation of violence by the Tatmadaw and the widespread human rights violations amounting to crimes against humanity demand more efforts to ensure accountability.

They welcome the renewal and strengthening of the OHCHR’s monitoring and reporting mandate on Nicaragua, in a context of steady human rights deterioration marked by the Government’s refusal to cooperate constructively with the Office, over two years after its expulsion from the country. The adopted resolution lays out steps that Nicaragua should take to resume good faith cooperation and improve the situation ahead of this year’s national elections. It is also vital that this Council and its members continue to closely follow the situation in Nicaragua, and live up to the resolution’s commitments, by considering all available measures should the situation deteriorate by next year.

They welcome the increased monitoring and reporting on the situation of human rights in Sri Lanka. However, in light of the High Commissioner’s report on the rapidly deteriorating human rights situation and Sri Lanka’s incapacity and unwillingness to pursue accountability for crimes under international law, the Council should have urged States to seek other avenues to advance accountability, including through extraterritorial or universal jurisdiction.

While they welcome the extension of the mandate of the Commission on Human Rights in South Sudan (CHRSS), they regret the adoption of a competing resolution under the inadequate agenda item 10. This resolution sends a wrong signal as myriads of local-level conflicts and ongoing SGBV and other violations of fundamental rights continue to threaten the country’s stability. We urge South Sudan to continue cooperating with the CHRSS and to demonstrate concrete progress on key benchmarks and indicators.

They welcome the report by the Commission of Inquiry on Syria on arbitrary imprisonment and detention and reiterate the recommendation to establish an independent mechanism “to locate the missing or their remains”, and call on States to ensure the meaningful participation of victims and adopt a victim-centered approach, including by taking into consideration the Truth and Justice Charter of Syrian associations of survivors and families of disappeared when addressing arbitrary detention and enforced disappearance.

Country-specific State statements: They welcome States’ leadership and statements on human rights situations that merit the HRC’s attention.

They welcome the joint statement on the situation in Ethiopia’s Tigray region and urge all actors, including the Ethiopian Federal Government, to protect civilians and ensure unhindered humanitarian access. Those responsible for crimes under international law, including Ethiopian soldiers, members of armed militias and non-State groups, and Eritrean soldiers involved in Tigray, must be held criminally accountable. The HRC should mandate an independent investigation and reporting by the High Commissioner.

For the first time in seven years, States at the HRC have united to condemn the widespread human rights violations by Egypt and its misuse of counter-terrorism measures to imprison human rights defenders, LGBTI persons, journalists, politicians and lawyers and peaceful critics. They welcome the cross-regional joint statement by 32 States and we reiterate our call supported by over 100 NGOs from across the world on the HRC to establish a monitoring and reporting mechanism on the situation.

They welcome the joint statement by 45 States focused on the human rights situation in Russia, including the imprisonment of Alexi Navalny and the large number of arbitrary arrests of protestors across Russia. The statement rightly expresses concern for shrinking civil society space in Russia through recent legislative amendments and Russia using its “tools of State” to attack independent media and civil society.

In the context of mounting international recognition that Israel imposes an apartheid regime over the Palestinian people, they welcome Namibia’s call for the “restoration of the UN Special Committee on Apartheid in order to ensure the implementation of the Apartheid Convention to the Palestinian situation.” See also: https://humanrightsdefenders.blog/2021/01/18/israel-and-apartheid-israeli-human-rights-group-stirs-debate/]

For the future:

The next session will receive a report on pushbacks from the Special Rapporteur on human rights of migrants. The Council must respond to the severity and scale of pushbacks and other human rights violations faced by migrants and refugees in transit and at borders and the ongoing suppression of solidarity, including by answering the High Commissioner’s call for independent monitoring. The Council’s silence feeds impunity, it must build on the momentum of the joint statement of over 90 States reaffirming their commitment to protection of the human rights of all migrants regardless of status.

While the OHCHR expressed deep concern about the deteriorating human rights situation and the ongoing crackdown on civil society in Algeria, and called for the immediate and unconditional release of arbitrarily detained individuals, the Council has remained largely silent. As authorities are increasingly arbitrarily and violently arresting protesters – at least 1,500 since the resumption of the Hirak pro-democracy movement on 13 February, they call on the Council to address the criminalisation of public freedoms, to protect peaceful protesters, activists and the media.

Cameroon is one of the human rights crises the Council has failed to address for too long. They condemn the acts of intimidation and reprisal exercised by the Cameroonian government in response to NGOs raising concerns, including DefendDefenders. This is unacceptable behavior by a Council member. The Council should consider collective action to address the gross human rights violations and abuses occurring in the country.

They echo the calls of many governments for the Council to step up its meaningful action to ensure that concerns raised by civil society, the UN Special Procedures and the OHCHR about the human rights situation in China be properly addressed, including through an independent international investigation. We also regret that a number of States have taken an unprincipled approach of voicing support to actions, such as those by the Chinese government, including in Xinjiang and Hong Kong, through their national and other joint statements.

They call for the Council’s attention on the rapid deterioration of human rights in India. Violent crackdowns on recent farmers’ protests, internet shutdowns in protest areas, sedition and criminal charges against journalists reporting on these protests, and criminalisation of human rights defenders signal an ongoing dangerous trend in restrictions of fundamental freedoms in India. We call on India to ensure fundamental freedoms and allow journalists, HRDs and civil society to continue their legitimate work without intimidation and fear of reprisals. [see also: https://humanrightsdefenders.blog/2020/10/29/also-un-calls-on-india-to-protect-human-rights-defenders/]

We once again regret the lack of Council’s attention on the human rights crisis in Kashmir. Fundamental freedoms in the Indian-administered Kashmir remains severely curtailed since the revocation of the constitutional autonomy in August 2019. Raids in October and November 2020 on residences and offices of human rights defenders and civil society organisations by India’s anti-terrorism authorities in a clear attempt at intimidation have further exacerbated the ongoing crisis. We call on the OHCHR to continue to monitor and regularly report to the Council on the situation in both Indian and Pakistani administered  Kashmir, and on Indian and Pakistani authorities to give the OHCHR and independent observers unfettered access to the region. [See also; https://humanrightsdefenders.blog/2020/02/09/forgotten-kashmir-something-has-to-be-done/]

Nearly six months since its adoption, the Council Resolution 45/33 on technical assistance to the Philippines has proven utterly insufficient to address the widespread human rights violations and persistent impunity. Killings in the war on drugs continue, and attacks on human rights defenders and activists have escalated. The killing of nine unarmed activists on 7 March 2021 clearly demonstrates that no amount of technical assistance will end the killings as long as the President and senior officials continue to incite violence and killings as official State policy. It is imperative that the Council sets up an international accountability mechanism to end the cycle of violence and impunity in the Philippines. [see also: https://humanrightsdefenders.blog/2021/03/09/philippines-killings-continue-and-de-lima-stays-in-jail/]

Watch the statement: 

*The statement was also endorsed by: Franciscans International; Egyptian Initiative for Personal Rights (EIPR); International Commission of Jurists (ICJ);  International Movement Against All Forms of Discrimination and Racism (IMADR); Asian Forum for Human Rights and Development (FORUM-ASIA); African Centre For Democracy And Human Rights Studies; International Federation for Human Rights Leagues (FIDH); MENA Rights Group; International Lesbian and Gay Association; Impact Iran; Ensemble contre la Peine de Mort (ECPM); Siamak Pourzand Foundation; Cairo Institute for Human Rights Studies (CIHRS); ARTICLE 19; CIVICUS: World Alliance for Citizen Participation.

NOTE: The 47th regular session of the Human Rights Council is scheduled from 21 June 2021 to 9 July 2021.

https://www.ishr.ch/news/hrc46-civil-society-presents-key-takeaways-human-rights-council

Human Rights

HRD issues on agenda of 46th Session of the council

February 22, 2021

Although I have decided to focus this blog mostly on human rights defenders and their awards, I will make an exception for the regular sessions of the UN Human Rights Council of which the 46th session has started on 22 February and which will last until to 23 March 2021. This post is based on the as always excellent general overview published by the International Service for Human rights: “HRC46 | Key issues on agenda of March 2021 session”. Here’s an overview of some of the key issues on the agenda which affect HRDs directly:

Modalities for NGOs this year: According to the Bureau minutes of 4 February 2021: “Concerning the participation of NGOs in the 46th session, the President clarified that under the proposed extraordinary modalities, NGOs in consultative status with the ECOSOC would be invited to submit pre-recorded video statements for a maximum of three general debates in addition to the interactive dialogues, panel discussions and UPR adoptions as they had been able to do during the 45th session. In addition, “the Bureau agreed that events organised virtually by NGOs in consultative status with the ECOSOC could be listed on the HRC Extranet for information purposes.”

Human Rights implications of COVID-19

The pandemic – and States’ response to it – has presented various new challenges and threats for those defending human rights. The pandemic has exposed and deepened existing discrimination, violence and other violations. Governments have used COVID as a pretext for further restricting fundamental rights, including through the enactment of legislation, and specific groups of defenders – including WHRDs and LGBTI rights defenders – have lost their livelihoods, access to health services have reduced and they have been excluded from participating in pandemic responses. Action to address the pandemic must be comprehensive and systemic, it must apply a feminist, human rights-based, and intersectional lens, centred on non-discrimination, participation and empowerment of vulnerable communities. Last March ISHR joined a coalition of 187 organisations to draw the Council’s attention to the situation of LGBTI persons and defenders in the context of the pandemic.

#HRC46| Thematic areas of interest

Protection of human rights defenders

On March 3rd and 4th, the Council will hold an interactive dialogue with the Special Rapporteur on human rights defenders on her annual report “Final warning: death threats and killings of human rights defenders”, and the country visit report of her predecessor to Peru.

Reprisals

Reports of cases of intimidation and reprisals against those cooperating or seeking to cooperate with the UN not only continue, but grow. Intimidation and reprisals violate the rights of the individuals concerned, they constitute violations of international human rights law and undermine the UN human rights system. See also: https://humanrightsdefenders.blog/tag/reprisals/

The UN has taken action towards addressing this critical issue including:

  • Establishing a dedicated dialogue under item 5 to take place every September;
  • Affirmation by the Council of the particular responsibilities of its Members, President and Vice-Presidents to investigate and promote accountability for reprisals and intimidation; and
  • Appointment of the UN Assistant Secretary General on Human Rights as the Senior Official on addressing reprisals.

ISHR remains deeply concerned about reprisals against civil society actors who try to engage with UN mechanisms, and consistent in its calls for all States and the Council to do more to address the situation.

During its 42nd session, the Council adopted a resolution which listed key trends such as the patterns of reprisals, increasing self-censorship, the use of national security arguments and counter-terrorism strategies by States as justification for blocking access to the UN. The resolution also acknowledged the specific risks to individuals in vulnerable situations or belonging to marginalised groups, and called on the UN to implement gender-responsive policies to end reprisals. The Council called on States to combat impunity and to report back to it on how they are preventing reprisals, both online and offline.

Item 5 of the Human Rights Council’s agenda provides a key opportunity for States to raise concerns about reprisals, and for governments involved in existing cases to provide an update to the Council on any investigation or action taken toward accountability to be carried out.

During the organisational meeting held on 8 February, the President of the Council stressed the importance of ensuring the safety of those participating in the Council’s work, and the obligation of States to prevent intimidation or reprisals.

In line with previous calls, ISHR expects the President of the Human Rights Council to publicly identify and denounce specific instances of reprisals by issuing formal statements, conducting press-briefings, corresponding directly with the State concerned, publicly releasing such correspondence with States involved, and insist on undertakings from the State concerned to investigate, hold the perpetrators accountable and report back to the Council on action taken.

Other thematic reports

At this 46th session, the Council will discuss a range of economic, social and cultural rights in depth through dedicated debates with mandate holders, and consider the annual report of the Secretary-General on the question of the realization in all countries of economic, social and cultural rights. The debates with mandate holders include:

  • The Special Rapporteur in the field of cultural rights, annual report on COVID-19, culture and culture rights and country visit to Tuvalu 
  • The Special Rapporteur on the right to adequate housing, annual report on twenty years on the right to adequate housing: taking stock – moving ahead and country visit to New Zealand 

The Council will discuss a range of civil and political rights through dedicated debates with the mandate holders, including:

  • The Special Rapporteur on torture, annual report and country visit to Maldives
  • The Special Rapporteur on freedom of religion or belief, annual report on combating anti-Muslim hatred
  • The Special Rapporteur on the right to privacy, annual report on artificial intelligence and privacy, and children’s privacy, and country visit reports to the United Kingdom, France, Germany, United States of America, Argentina, and Republic of Korea.  

In addition, the Council will hold dedicated debates on the rights of specific groups including:

In addition, the Council will hold dedicated debates on interrelation of human rights and human rights thematic issues including:

  • The Special Rapporteur on human rights and the environment, annual report on human rights and the global water crisis: water pollution, water scarcity and water-related disasters 
  • The Special Rapporteur on the promotion and protection of human rights while countering terrorism, annual report on human rights impact of counter-terrorism and countering (violent) extremism policies and practices on the rights of women, girls and the family

Country-specific developments

China 

A pile of evidence continues to mount, including the assessment from the UN Committee on the Elimination of Racial Discrimination, about policies of the Chinese government targeting ethnic and religious minorities, including Uyghurs, Tibetans and Mongolians. The rule of law is being further eroded in Hong Kong, as deeply-respected principles of due process and pluralistic democracy are disappearing at an alarming rate.  Human rights defenders and ordinary citizens confront ongoing crackdowns on civic freedoms, pervasive censorship and lightning-fast recourse to administrative sanction, enforced disappearance and trumped-up national security charges to silence critics.  – In the face of this, inaction has become indefensible.

The UN Special Procedures issued a sweeping statement in June 2020, calling for the international community to take ‘decisive action’ on the human rights situation in the country. At the March session, ISHR urges States to convey at the highest level the incompatibility of China’s actions domestically with its obligations as a new Council member, and to continue to press for transparency, actionable reporting and monitoring of the situation. Statements throughout the Council are key moments to show solidarity with individual defenders – by name – , their families, and communities struggling to survive. And finally, States should take every opportunity to support efforts by China that meaningfully seek to advance human rights – while resolutely refuting, at all stages of the process, initiatives that seek to distort principles of human rights and universality; upend the Council’s impressive work to hold States up to scrutiny; and weaken the effectiveness and impact of the Council for victims of violations and human rights defenders. Furthermore, other Council members should step up their commitments to the body’s mandate and purpose, and reject efforts by China and its partners and proxies. See also: https://humanrightsdefenders.blog/tag/china/

Egypt

The Egyptian authorities continue to systematically carry out patterns of reprisals against human rights defenders for their legitimate work, including for engagement with UN Special Procedures. These have included arbitrary arrests and detention, enforced disappearance, torture, unlawful surveillance, threats and summons for questioning by security agencies. The government’s refusal to address key concerns raised by States in its response to the UPR in March 2020 demonstrated its lack of political will to address its deep challenges and to engage constructively with the Council. ISHR reiterates its call on the Council to establish a monitoring and reporting mechanism on the human rights situation in Egypt. See also: https://humanrightsdefenders.blog/tag/egypt/

Saudi Arabia

In 2020, the Council continued its scrutiny over the human rights situation in Saudi Arabia. Yet, the Saudi government has failed the litmus test to immediately and unconditionally release the women’s rights activists and human rights defenders, instead they continued to prosecute and harshly sentence them for their peaceful activism. On 10 February 2021, it was reported that WHRDs Loujain Al-Hathloul, and Nouf Abdulaziz have been released conditionally from prison after spending over two and a half years in detention solely for advocating for women’s rights, including the right to drive and the dismantling of the male guardianship system. ALQST reported that WHRDs Nassima al-Sadah and Samar Badawi remain in detention and that “in a worrying development, the Public Prosecution has appealed the initial sentence issued on 25 November 2020 by the Criminal Court against al-Sadah of five years and eight months in prison, half of it suspended, seemingly with the aim of securing an even harsher sentence”. See: https://www.trueheroesfilms.org/thedigest/laureates/1a6d84c0-b494-11ea-b00d-9db077762c6c

The government’s refusal to address this key concern raised in the three joint statements demonstrates its lack of political will to genuinely improve the human rights situation and to engage constructively with the Council.  ISHR reiterates its call on the Council to establish a monitoring and reporting mechanism on the human rights situation in Saudi Arabia.

Nicaragua 

On 24 February, the Council will hold an interactive dialogue on the High Commissioner’s report on Nicaragua. Despite the renewal of Resolution 43/2, the human rights situation in Nicaragua has steadily deteriorated over the last months. Civil society space has sharply shrank, due to new restrictive laws on foreign agents and counter-terrorism, while attacks against journalists and human rights defenders -the last remaining independent human rights observers – continue. The lack of an independent judiciary or NHRI further deprives victims of the possibility to seek justice and redress. Whilst the repression deepens, State inaction in the face of the Covid-19 pandemic and the passage of hurricanes have also exacerbated the ongoing humanitarian crisis and the deprivation of economic, social, and cultural rights. In light of upcoming elections in Nicaragua, ISHR urges the Council to renew and strengthen its resolution on the human rights situation in Nicaragua, laying down a clear benchmark of key steps the State should take to demonstrate its willingness to cooperate in good faith, while clearly signaling the intention to move towards international investigation and accountability should such cooperation steps not be met within the year. States should also increase support to targeted defenders and CSOs by raising in their statements the cases of student Kevin Solís, Aníbal Toruño and Radio Darío journalists, trans activist Celia Cruz, as well as the CENIDH and seven other CSOs subject to cancellation of their legal status.

Venezuela

Venezuela will come under the spotlight several times with oral updates from OHCHR on the situation of human rights in the country (25 February, 11 March) and an update from the international fact-finding mission on Venezuela (10 March). OHCHR is mandated to report on the implementation of the recommendations made to Venezuela, including in reports (here and here) presented last June.  The fact-finding mission has started work on its renewed and strengthened 2-year mandate, despite delays in the disbursement of funds and is due to outline its plans to the Council. Intensifying threats and attacks on civil society in Venezuela since November 2020, provide a bleak context to these discussions. States should engage actively in dialogue on Venezuela, urging that recommendations be implemented – including facilitating visits from Special Rapporteurs; that the fact-finding mission be granted access to the country and that civil society be promoted and safeguarded in its essential work.

Burundi

On 2 February 2021, the Supreme Court of Burundi announced its decision allegedly adopted on 23 June 2020 to sentence 12 defenders to life in prison. The date of the adoption of this decision was announced after the Court decided to defer it further to 30 June 2020 and again after that. The Court never assigned or informed the 12 concerned of the proceedings. This case was investigated and judged in the absence of all those concerned and the sentence only made public seven months after the alleged proceedings took place. Among the victims of this arbitrary procedure are renown lawyers such as Me Armel Niyongere, Vital Nshimirimana and Dieudonné Bashirahishize, who are being targeted for their engagement in the defense of victims of the 2015 repression in Burundi and for filing complaints for victims to the International Criminal Court (ICC) in The Hague.  A group of civil society organisations denounced the dysfunctioning and lack of independence of judicial proceedings in the country. After confirming the 32 years sentence of defender Germain Rukuki, Burundi continues its crackdown against civil society. In addition to ensuring the continued work of the Commission of Inquiry on Burundi, members of the Council need to call on Burundi to uphold its international obligations and stop reprisals against defenders for engaging with any international mechanisms. See also: https://humanrightsdefenders.blog/2019/03/29/ngo-statement-condemns-new-irregularities-in-the-case-of-germain-rukuki-burundi/ The Council will hold an interactive dialogue with the Commission of Inquiry on Burundi on 10 March.

The High Commissioner will provide an oral update to the Council on 25 February. The Council will consider updates, reports on and is expected to consider resolutions addressing a range of country situations, in some instances involving the renewal of the relevant expert mandates. These include:

  • Oral update and interactive dialogue with the Special Rapporteur on Eritrea
  • Interactive Dialogue on the High Commissioner’s report on Sri Lanka
  • Enhanced Interactive Dialogue on the High Commissioner’s report on Belarus
  • Oral update and interactive dialogue with the Group of Eminent International and Regional Experts on Yemen
  • Interactive Dialogue on the High Commissioner’s report on ensuring accountability and justice in the Occupied Palestinian Territory, including East Jerusalem
  • Interactive Dialogue with the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran
  • Interactive Dialogue with the Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea
  • Interactive Dialogue with the Commission on Human Rights in South Sudan
  • Interactive Dialogue with the Commission of Inquiry on the Syrian Arab Republic
  • Interactive Dialogue with the Special Rapporteur on the situation of human rights in Myanmar
  • Interactive Dialogue with the High Commissioner on the situation of human rights in Ukraine
  • Oral updates and enhanced interactive dialogue with the High Commissioner on the situation of human rights in the Democratic Republic of the Congo, and the team of international experts on the situation in Kasai
  • High-level Interactive Dialogue with the Independent Expert on the situation of human rights in the Central African Republic
  • Interactive Dialogue with the Independent Expert on the situation of human rights in Mali 

Council programme, appointments and resolutions

During the organisational meeting for the 46th session held on 8 February, the President of the Human Rights Council presented the programme of work. It includes seven panel discussions. States also announced at least 28 proposed resolutions. Read here the reports presented this session

Appointment of mandate holders

The President of the Human Rights Council proposed candidates for the following mandates: 

  1. Expert Mechanism on the Rights of Indigenous Peoples (member from Africa) 
  2. Expert Mechanism on the Rights of Indigenous Peoples (member from North America)
  3. Special Rapporteur on extrajudicial, summary or arbitrary executions 
  4. Special Rapporteur on the situation of human rights in Cambodia
  5. Working Group of Experts on People of African Descent (member from African States)
  6. Working Group on Arbitrary Detention (member from Asia-Pacific States).

Resolutions to be presented to the Council’s 46th session

At the organisational meeting on 8 February the following resolutions were announced (States leading the resolution in brackets):

  • Promotion of the enjoyment of the cultural rights of everyone and respect for cultural diversity (Cuba)
  • Human rights and the environment, mandate renewal  (Costa Rica, Maldives, Morocco, Slovenia, Switzerland)
  • Prevention of torture and other cruel, inhuman or degrading treatment or punishment (Denmark)
  • Question of the realization in all countries of economic, social and cultural rights (Portugal)
  • Guarantee of the right to the health through equitable and universal access to vaccines in response to pandemics and other health emergencies (Ecuador)
  • Negative impacts of unilateral coercive measures (Azerbaijan on behalf of the Non-Aligned Movement-NAM)
  • Human rights, democracy and the rule of law (Morocco, Norway, Peru, Romania, Republic of Korea, Tunisia)
  • Freedom of religion or belief (EU)
  • Situation of human rights in the Democratic People’s Republic of Korea, mandate renewal (EU)
  • Situation of human rights in Myanmar, mandate renewal (EU)
  • Combating intolerance based on religion or belief (OIC)
  • Ensuring accountability and justice for all violations of international law in the Occupied Palestinian Territory, including East Jerusalem (OIC)
  • Right of the Palestinian people to self-determination (OIC)
  • Human rights situation in the Occupied Palestinian Territory, including East Jerusalem (OIC)
  • Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan (OIC)
  • Technical assistance and capacity-building for Mali in the field of human rights (African Group)
  • Persons with albinism (African Group)
  • Impact of non-repatriation of funds of illicit origin to countries of origin (African Group)
  •  The situation of human rights in Iran, mandate renewal (Moldova, United Kingdom of Great Britain and Northern Ireland, Iceland)
  • The right to privacy in the digital age, mandate renewal (Austria, Brazil, Germany, Liechtenstein, Mexico)
  • The human rights situation in the Syrian Arab Republic, mandate renewal (France, Germany, Italy, Jordan, Kuwait, Morocco, Netherlands, Qatar, Turkey, United Kingdom of Great Britain and Northern Ireland)
  • Promoting reconciliation, accountability and human rights in Sri Lanka (Canada, Germany, Montenegro, North Macedonia, United Kingdom of Great Britain and Northern Ireland) 
  • Situation of human rights in South Sudan, mandate renewal (Albania, Norway, UK) 
  • Read the calendar here.

Adoption of Universal Periodic Review (UPR) reports

During this session, the Council will adopt the UPR working group reports on Belarus, Liberia, Malawi, Panama, Mongolia, Maldives, Andorra, Honduras, Bulgaria, the Marshall Islands, the United States of America, Croatia, Libya and Jamaica. ISHR supports human rights defenders in their interaction with the UPR. It publishes and submits briefing papers regarding the situation facing human rights defenders in some States under review and advocate for the UPR to be used as a mechanism to support and protect human rights defenders on the ground. 

Panel discussions

During each Council session, panel discussions are held to provide member States and NGOs with opportunities to hear from subject-matter experts and raise questions. Panel discussions scheduled for this upcoming session:

  1. Annual high-level panel discussion on human rights mainstreaming. Theme: The state of play in the fight against racism and discrimination 20 years after the adoption of the Durban Declaration and Plan of Action and the exacerbating effects the COVID-19 pandemic has had on these efforts
  2. Biennial high-level panel discussion on the question of the death penalty. Theme: Human rights violations related to the use of the death penalty, in particular with respect to whether the use of the death penalty has a deterrent effect on crime rate
  3. Meeting on the role of poverty alleviation in promoting and protecting human rights
  4. Annual full-day meeting on the rights of the child [two accessible panels]. Theme: Rights of the child and the Sustainable Development Goals
  5. Annual interactive debate on the rights of persons with disabilities [accessible panel]. Theme: Participation in sport under article 30 of the Convention on the Rights of Persons with Disabilities
  6. Debate on the midterm review of the International Decade for People of African Descent. (Commemoration of the International Day for the Elimination of Racial Discrimination)

Read here ISHR’s recommendations on the the key issues that are or should be on the agenda of the UN Human Rights Council in 2021.

To stay up-to-date: Follow @ISHRglobal and #HRC46 on Twitter, and look out for the Human Rights Council Monitor. During the session, follow the live-updated programme of work on Sched

To compare: https://humanrightsdefenders.blog/2020/09/06/hrc45-key-issues-for-human-rights-defenders/

https://www.ishr.ch/news/hrc46-key-issues-agenda-march-2021-session

Torture in Nicaragua

October 25, 2020

On 25 October 2020 Mariana Castro published on Polygraph.info an overview article showing that despite official denials torture does occur in Nicaragua’s Prisons.

NICARAGUA – Anti-government demonstrators take part in a vigil to demand the release of political prisoners and justice for the victims of protests against President Daniel Ortega, outside the Metropolitan Cathedral of Managua on October 3, 2019.
NICARAGUA – Anti-government demonstrators take part in a vigil to demand the release of political prisoners and justice for the victims of protests against President Daniel Ortega, outside the Metropolitan Cathedral of Managua on October 3, 2019.

“There are always prisoners who make up that they’re being tortured. …They invent things simply to create a negative image on Nicaragua before international organizations run by the yanquis…

On October 15, the General Secretariat of the Organization of American States (OAS) publicly denounced persistent human rights violations in Nicaragua and urged the government to release political prisoners, restore fundamental freedoms and respect the separation of powers and rule of law: “The government’s has refused to comply with the recommendations of the Inter-American Commission on Human Rights, the Interdisciplinary Group of Independent Experts (GIEI), and the office of the United Nations High Commissioner for Human Rights and to fulfill its duties under the Inter-American Democratic Charter.”

Four days later, Nicaragua’s president, Daniel Ortega, dismissed allegations that political prisoners made of being tortured, calling them “lies” and an attempt to taint the country’s image.

There are always prisoners who make up that they’re being tortured … they invent things simply to create a negative image on Nicaragua before international organizations run by the yanquis [referring to the United States], like the OAS,” Ortega said during a speech. (Source: El 19 Digital, October 19, 2020)

Based on multiple published reports, Ortega’s claim that torture accusations are invented is false.

Nicaragua under Ortega has faced extensive international scrutiny for violations of human rights. These include “targeting civil society, human rights defenders, including women human rights defenders, community and religious leaders, journalists and other media workers, students, victims and their family members, and individuals expressing critical views of the Government,” according to the United Nations Human Rights Council (HRC).

In April 2018, protests broke out in Nicaragua as fiscal reforms slashed social security. Protestors were met with a violent and lethal response from the government, fueling a civil uprising demanding Ortega’s resignation. More than 100,000 Nicaraguans have since fled the country.

Between the start of the protests and September 2019, 651 people died, nearly 5,000 were injured, 516 were kidnapped and 853 have gone missing, according to the Nicaraguan Association for Human Rights (ANPDH). Twenty-two police officers died, as stated by the U.N.

According to Human Rights Watch, many of those detained during the protests were subjected torture, including electric shocks, asphyxiation and rape. Detainees were also reportedly denied care in public hospitals.

The organization interviewed 12 former detainees, 11 of whom described suffering one of more forms of abuse, and seven who said they witnessed 39 detainees suffering abuses. It also interviewed three doctors and a psychologist who treated some detainees. They reported that many “showed signs of physical harm consistent with physical abuse and torture similar to that described by the 12 detainees.”

This week, Monitoreo Azul y Blanco (Blue and White Monitoring), a group that since 2018 registers and consolidates complaints of human rights violations in Nicaragua, published a video by Expediente Publico (an investigative journalism magazine in Honduras and Nicaragua) with testimonies from former political prisoners about their experiences of ill treatments and torture while incarcerated.

The testimonies mentioned the details of the event that resulted in the death of Eddy Montes, a Nicaraguan-American and U.S. Navy veteran who was shot dead in La Modelo prison in May 2019 after “a serious disturbance” inside of the prison, according to Nicaragua’s interior ministry.

The magazine also published an article on October 20 detailing testimonies of victims of abuse by the Nicaraguan police. They tell the story of J, an opposition protestor who between May 6 and May 13, 2019, was subjected to “constant questioning” and abuse by the police. Her complaint is one of dozens of cases.

Between April 2018 and June 2020, the Nicaraguan Human Rights Collective Never Again (Colectivo de Derechos Humanos Nicaragua Nunca+) registered complaints of five rapes, eight sexual abuses, seven threats of rape to detainees or their family members and three witnesses of rape to one or more fellow inmates, the article reported.

NICARAGUA – Members of the organization Mothers of April (AMA) hold portraits of their late loved ones outside the Cathedral in Managua on February 23, 2020.
NICARAGUA – Members of the organization Mothers of April (AMA) hold portraits of their late loved ones outside the Cathedral in Managua on February 23, 2020.

On June 19, the Office of the United Nations High Commissioner for Human Rights issued a resolution to promote and protect human rights in Venezuela, and requesting the U.N.’s High Commissioner for Human Rights, Michelle Bachelet, to “enhance monitoring” and “continue to report on the situation of human rights in Nicaragua.”

Amid increased international pressure, Ortega’s government has released some political prisoners, including 91 people whose sentences were converted to house arrest in December 2019. But some 100 political prisoners (estimates vary slightly) remain in jails.

On September 30, more than 50 political prisoners went on a hunger strike as part of protests demanding their freedom. At least three of them sewed their mouths as part of protests and were then transferred to maximum security cells at the Jorge Navarro prison complex known as La Modelo. Amnesty International has described the complex as “one of the main destinations for those detained and punished for reporting human rights violations in the country.”

During his October 19 speech, Ortega said prison doors were open to those calling out the government, including relatives of prisoners, for them “to visit them when they say they’re being tortured, they are saying, they have sown their lips.”

But on the following day, representatives from the Permanent Commission on Human Rights (CPDH), one of Nicaragua’s oldest rights groups, went to visit the prison and were not allowed in, as La Prensa reported.

Allan Gomez, a member of the Union of Political Prisoners (UPPN), told Nicaragua Investiga that the denial of abuses is nothing new, “but human rights violations are fully visible.”

Earlier this month, the U.S. imposed its latest round of sanctions on top Nicaraguan officials, including the attorney general. According to The Associated Press, about two dozen people close to Ortega and his wife, Vice President Rosario Murillo, have been sanctioned – including Murillo and three of the couple’s children – since late 2017.

The European Union also recently renewed sanctions on Nicaragua – introduced in October 2019 – for another year, citing the “deteriorating political and social situation in Nicaragua.”

————

https://www.polygraph.info/a/factcheck-ortega-denies-torture-in-nicaragua-prisons-he-is-wrong/30909488.html

Nicaragua: things getting worse and worse for human rights defenders: COVID-19 and foreign agents

October 17, 2020
The New Humanitarian of 2 September 2020 carried a special feature on Nicaragua. President Daniel Ortega is making life increasingly hard for aid and human rights groups in Nicaragua even as poverty, malnutrition, and emigration due to political strife are on the rise, and as he is criticised for a dismissive and reckless response to the coronavirus outbreak. Moreover, a new law for the regulation of “foreign agents” was passed on 15 October.

“In Nicaragua, simply existing as a person carries a risk,” Ana Quirós, director of the Center for Information and Advisory Services in Health, or CISAS, told The New Humanitarian. “You do not need a particular reason to become a victim of violence, of repression, kidnapping or assassination. It is a general risk.

Quirós was deported and stripped of citizenship in November 2018 after the government accused CISAS, which had been working on health education and HIV prevention in Nicaragua with the support of several international aid groups and actors – including Medico International, Medicus Mundi, and the EU – of “participating in destabilising activities”.

Quirós said individuals still working with aid and civic groups in the country are under great threat, and that several people who had been working with CISAS in Nicaragua since it was banned had been forced to flee the Central American country.

It has been during this pandemic that the absence of the NGOs has been most strongly felt, especially for us working in health,” the CISAS director said. “The government hasn’t made any efforts regarding communication, training, education in health, and with regard to the other basic human rights of the population,” Quirós said. “The population is very unprotected, and is hungry for information and real knowledge about the risks and measures that one needs to take to prevent illnesses.

Forty years after Ortega led a socialist revolution to uproot the dictatorship of Anastasio Somoza, Nicaragua continues to be burdened by a host of humanitarian concerns, albeit as it isolates itself from international aid institutions.

Under the government leadership of Ortega and his influential wife, Vice-President Rosario Murillo, the country remains one of the poorest in Latin America, while the violent repression of political opponents since April 2018 has generated a migration crisis proportionately comparable to that of Venezuela. After Ortega’s re-election in 2006, Nicaragua’s poverty rate fell, following a similar trend throughout Latin America, but an independent report published at the end of 2019 estimates that it has since soared, and that roughly a third of the population, or more than two million people, now live on less than $1.76 per day.

According to the World Food Programme, 17 percent of children under five suffer from chronic malnutrition, with the rate at nearly 30 percent – similar to humanitarian crisis settings such as Somalia – in Nicaragua’s northern provinces, which form part of Central America’s dry corridor. In 2019, WFP provided assistance to 45,000 people in Nicaragua affected by the seasonal climate change-linked emergency.

Due to severe restrictions on free assembly and expression, it is probable that protection and humanitarian needs are under-reported in Nicaragua,” ACLED wrote in an email to TNH. “It is clear from current political violence and demonstration trends in Nicaragua – particularly amid the pandemic – that the situation requires urgent attention from international humanitarian actors.

Demonstrations initially flared in April 2018 against a social security reform, which has since been scrapped. They later morphed into broader political unrest as the government responded with heavy-handed measures against student protesters, and as dissatisfaction grew at government corruption and the Ortegas’ increasingly autocratic rule.

The ensuing government crackdown led to the deaths of hundreds of people – the government set the number at 197, while human rights groups say it was at least 325 – and drove more than 103,000 people to seek asylum abroad. Most fled to neighbouring Costa Rica, where at least 400,000 Nicaraguans had already been living.

In July, Michelle Bachelet, the UN High Commissioner for Human Rights, condemned the ongoing repression in the country two years after the initial protests, listing a litany of government offences between March and June, including arbitrary arrests, house searches without warrants, and detentions, threats, and intimidation.

Line graph of demonstrations in Nicaragua, 2019-2020

Human rights violations continue to be documented against those who the government perceives as opponents, including human rights defenders, journalists, social leaders, and former political detainees,” Bachelet reported.

The crushing of the opposition included, in 2019, the revocation of the legal status of a number of civil society groups and local NGOs – the Nicaragua Centre for Human Rights (CENIDH) and CISAS among them.

Here, one cannot organise trade unions or teachers. One cannot organise any group that is not under the auspice of the regime,” Monica Baltodano, director of the Popol Na Foundation, another of the banned groups, told the independent news site Confidencial last December.

….Vice-President Murillo told Nicaraguans that the country was under divine protection, while officials ordered medical staff not to wear personal protective equipment (PPE) in order not to scare patients. In July, 25 doctors were fired for signing a letter critical of the government’s handling of the pandemic. It asked simply that health workers should not be persecuted and that they be allowed to use PPE.

After the United States and the EU imposed financial sanctions on Nicaraguan officials last year, 65 of the 148 officially recognised political prisoners were released from prison in December. Further sanctions have been imposed since, including on a second son of the presidential couple. But international political pressure has routinely been countered by the message that Nicaragua will manage on its own.

International aid groups and agencies have also experienced government pressure as it attempts to influence and define their roles. Ever since Ortega resumed the presidency in 2007, the organisations have had to operate with increasing care, former aid workers familiar with the country told TNH.

In 2015, the United Nations Development Programme was told by the government that it was no longer needed as an intermediary between donors and those executing development projects. Without providing further details, the authorities said the agency and its country chief were accused of “political meddling”, and of maintaining a “hidden agenda”.

UNDP told TNH at the end of July that its operations in Nicaragua were now “limited” and that it did not have a resident representative or a deputy representative. The UN agency did not respond to requests for further comment on the situation in the country.

In 2018, the government expelled a UN human rights team after the Office of the UN High Commissioner for Human Rights requested an immediate end to the persecution of political opponents and called for the disarming of masked civilians responsible for a string of killings and detentions. Soon after, two missions of the Inter-American Commission on Human Rights (IACHR) investigating violence during the anti-government protests were also thrown out.

As COVID-19 cases appear to mount, the Pan American Health Organization (PAHO) – the regional wing of the World Health Organization – has urged the government to take stronger measures to curb the spread of the virus.

PAHO continues to await authorisation to send a team of experts to evaluate the situation. Since the beginning of the outbreak, it has donated PPE to the health ministry, while repeatedly stating that the official COVID-19 data provided is incomplete.

In spite of donations from various international sources, doctors have argued that distribution of masks and other PPE items remains inadequate. As of 26 August, Citizen’s COVID-19 Observatory estimated that 107 health workers in Nicaragua had died from the coronavirus…

Meanwhile, the International Committee of the Red Cross, one of the few international aid groups with a presence in Nicaragua, has offered its support to help with the release of what human rights groups estimate – following the protest crackdown – to be more than 6,000 political prisoners.

In a written statement to TNH, the organisation said: “The ICRC returned permanently to Nicaragua in 2018. We have been visiting detention sites since 2019, and in November 2019 renewed our host country agreement. We can develop our humanitarian action with openness, in dialogue with the authorities and civil society, according to our humanitarian principles and working methods.”

Last Thursday 15 October Nicaragua’s National Assembly approved the law for the regulation of ‘foreign agents “. The law requires any Nicaraguan citizen working for “governments, companies, foundations or foreign organizations” to register with the Interior Ministry, report monthly their income and spending and provide prior notice of what the foreign funds will be spent on. The law establishes sanctions for those who do not register. Once registered as “foreign agents,” those Nicaraguans may not “finance or promote the financing of any type of organization, movement, political party, coalition or political alliance or association” that gets involved in Nicaragua’s internal politics.

https://www.thenewhumanitarian.org/news-feature/2020/09/02/Nicaragua-conflict-political-unrest-poverty-coronavirus

Nicaragua passes controversial ‘foreign agent’ law

Four well-known human rights defenders are the 2020 Right Livelihood Laureates

October 1, 2020

On 1 October 2020 the Right Livelihood Foundation announced its 2020 Laureates.

The Right Livelihood Award has been honouring courageous changemakers since 1980. [For more on this award see: https://www.trueheroesfilms.org/thedigest/award/97238E26-A05A-4A7C-8A98-0D267FDDAD59]

The 2020 Laureates are receiving the Awards for the following:

This year’s Laureates are united in their fight for equality, democracy, justice and freedom,” said Ole von Uexkull, Executive Director of the Right Livelihood Foundation. “Defying unjust legal systems and dictatorial political regimes, they successfully strengthen human rights, empower civil societies and denounce institutional abuses. This year’s selection of recipients highlights the increasing threats to democracy globally. It is high time that all of us in favour of democracy around the world stand up and support each other.”

The four Laureates, selected by an international Jury, will each receive a prize money of 1 million SEK. As in previous years, the Laureates were nominated in an open process where anyone could submit individuals and organisations for consideration. The Laureates will be honoured during a virtual Award Presentation on December 3, 2020.

For last year see: https://humanrightsdefenders.blog/2019/09/26/right-livelihood-award-2019-lauds-practical-visionaries/

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Human Rights Defenders and the 44th session of the UN Human Rights Council

June 25, 2020

The ISHR published on 24 June its usual and irreplacable “HRC44 – Key issues on agenda of June 2020 session”

As usual I have lifted out of this the issues that would seem to affect most directly Human Rights Defenders. To stay up-to-date on all issues: follow @ISHRglobal and #HRC44 on Twitter, and look out for its Human Rights Council Monitor.

The UN Human Rights Council (the Council) will hold its 44th regular session at Palais des Nations in Geneva from 30 June to 21 July 2020.

Modalities for participation in HRC44

State delegations not wishing to enter the plenary room physically will be able to deliver their statements by pre-recorded video-message, as provided for under HRC decision 19/119. Similarly, NGOs in consultative status with ECOSOC will be given the opportunity to do the same insofar as interactive dialogues, panels and UPR adoptions are concerned. It won’t be possible to hold “official” side events during the 44th session (online or in-person). Any events happening on the sidelines of the session will be considered independent events and won’t be publicised in the Bulletin of Informal meetings by the Secretariat. Read here the information note by the Secretariat which is updated according to the latest information, and an additional explainer by HRC-net.  

Human Rights implications of COVID-19

The High Commissioner will present an oral update on the human rights impact of COVID-19 at the 44th session, as mandated by the presidential statement adopted by the Council in May 2020. The presidential statement also calls on the High Commissioner to produce a report on the impact of the COVID-19 pandemic on the enjoyment of human rights around the world to be presented at the 46th session in March 2021. In addition to their previously mandated reports, some mandateholders will present additional reports to address the impact of COVID-19 as related to their mandate, including the Special rapporteur on freedom of opinion and expression, David Kaye.  [for some of my earlier posts on covid and human rights see: https://humanrightsdefenders.blog/tag/covid-19/]

Here are some highlights of the session’s thematic discussions:

Business and human rights

At this session, the Working Group on Business and Human Rights is expected to present reports on their activities over 2019, including a country visit to Honduras and on the theme of anti-corruption and the UN Guiding Principles (UNGPs). They are also meant to present groundbreaking guidance on human rights defenders and the role of business. ISHR expects that such guidance should provide companies with concrete suggestions for how to engage human rights defenders in the development and implementation of their human rights policies. It is important that the guidance explains why this is not simply good practice, but is also aligned with the Guiding Principles’ word and spirit – and thus should be widely mainstreamed for any company committed to the UNGPs.  There will tentatively be a resolution presented to renew the mandate of the UN Working Group on Business and Human Rights, as well as to welcome the thematic reporting.

Sexual orientation and gender identity 

ISHR joined a coalition of 187 organisations to draw the attention of the Human Rights Council to the situation of LGBTI persons and those who defend their rights in the context of the COVID-19 pandemic outbreak. In line with the call to action signed by 96 human rights experts, organisations working for the protection of the human rights of persons of diverse sexual orientation, gender identity and expression and sex characteristics (SOGIESC) globally urged States and stakeholders to ensure that this public health emergency will neither exacerbate existing prejudices, inequalities or structural barriers, nor lead to increased violence and discrimination [see: https://humanrightsdefenders.blog/2020/06/11/coalition-of-187-global-organisations-issues-joint-statement-re-the-impact-of-covid-19-pandemic-on-lgbti/]

Reprisals

Reports of cases of intimidation and reprisal against those cooperating or seeking to cooperate with the UN not only continue, but grow. Intimidation and reprisals violate the rights of the individuals concerned, they constitute violations of international human rights law, and undermine the UN human rights system. [agains for earlier posts see: https://humanrightsdefenders.blog/tag/reprisals/]

During the 42nd session, the Council adopted a resolution which listed key trends such as the patterns of reprisals, increasing self-censorship, as well as the use of national security arguments and counter-terrorism strategies by States as justification for blocking access to the UN. The resolution acknowledged the specific risks to individuals in vulnerable situations or belonging to marginalised groups, and called on the UN to implement gender-responsive policies to end reprisals. The Council called on States to combat impunity and to report back to it on how they are preventing reprisals, both online and offline.

Item 5 of the Human Rights Council’s agenda provides a key opportunity for States to raise concerns about reprisals, and for governments involved in existing cases to provide an update to the Council on any investigation or action taken toward accountability to be carried out.

Other thematic reports :

At this 44th session, the Council will discuss a range of civil, political, economic, social and cultural rights through dedicated debates with the mandate holders, including interactive dialogues with:

The Working Group on the issue of human rights and transnational corporations and other business enterprises  (includes recommendations from 2019 visit to Peru)

The Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance 

The Special Rapporteur on extrajudicial, summary or arbitrary executions 

The Special Rapporteur on the rights to freedom of peaceful assembly and of association 

The Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression 

In addition, the Council will hold dedicated debates on the rights of specific groups including:

  • The Special Rapporteur on trafficking in persons, especially women and children 
  • The Special Rapporteur on the independence of judges and lawyers 
  • The Special Rapporteur on the human rights of migrants 
  • The Working Group on discrimination against women and girls 
  • The Special Rapporteur on the human rights of internally displaced persons 
  • The Special Rapporteur on violence against women, its causes and consequences 
  • The Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity 

#HRC44 | Country-specific developments

China (Hong Kong and Uyghur regions)

Violations in China, especially those linked to freedom of association, were made even more clear during the government’s efforts to respond to the COVID-19 epidemic. …..States should ensure continued calls for access to UN human rights experts, in line with last year’s joint letter condemning China’s suppression of minorities. Finally, following nearly a year of protests – largely of peaceful civilians –  the central government in Beijing launched an initiative to draft and pass National Security Legislation in Hong Kong. This alarming development was foreshadowed by increasing police violence and use of chemical weapons; the arrest and political prosecution of more than a dozen pro-democracy leaders; and further restrictions on the free press. Many activists, and the European Parliament, are calling for UN Secretary-General António Guterres to appoint an envoy, rightly recognising that China’s actions violate international agreements aimed at ensuring peace and security.

United States of America

Last week, the Council held an urgent debate and adopted a resolution in reaction to systemic racism and police violence in the US and elsewhere. The UN Special Rapporteur on contemporary forms of racism and the UN Working Group on Experts on People of African Descent had also voiced their support for an international commission of inquiry. They have urged the Human Rights Council to ensure the following outcomes from the debate: (1) the creation of an international commission of inquiry to investigate systemic racism in law enforcement in the United States; and (2) the creation of a thematic international commission of inquiry to investigate systemic racism in law enforcement globally, with a focus on systemic racism rooted in legacies of colonialism and transatlantic slavery. They stressed that “both measures described above are necessary and cannot be substituted for one another”.

Saudi Arabia

Women human rights defenders (WHRDs) have been in prison for over two years, only because they demanded that women be treated equally as men, and no one has been held accountable for their torture. While the Council has sustained pressure on Saudi Arabia in 2019, it is essential that this scrutiny continues as the situation on the ground has not improved. ISHR calls on all States to jointly call on Saudi Arabia to immediately and unconditionally release the WHRDs and drop the charges against them; and implement the bench-marks set out in the two joint statements delivered by Iceland and Australia in 2019, underlining that should these benchmarks not be met, more formal Council action would follow.

Saudi Arabia is running for Human Rights Council election in October 2020 and hosting the G20 in November 2020. These all provide windows of opportunity to push for the immediate and unconditional release of the women human rights defenders and all those detained for exercising their rights. 

Nicaragua

The COVID-19 crisis has not prevented the Nicaraguan government from making further use of repressive methods to continue targeting released political prisoners, human rights defenders, as well as indigenous people and other social groups, and their relatives. In a rapidly-deteriorating human rights situation, the authorities’ dangerous denial and inaction in the face of the pandemic have additionally fueled an alarming health crisis.

It is in this context that Council Members renewed a resolution on Nicaragua this week at the resumed 43rd session of the Human Rights Council. ISHR joined Race and Equality and a number of national and international organisations in urging the Council to ensure strong support for the resolution on the human rights situation in Nicaragua. To ensure the international community is fully informed of the worsening national situation, the resolution requests the High Commissioner to prepare a report and two oral updates, the first of which should be presented at the Council’s 44th session.

Honduras

The Working Group on Business and Human Rights will present the report on its official visit to Honduras (carried out between the 19 and 28 August 2019). …According to the end of mission statement, a significant number of human rights defenders who work for the respect and protection of human rights in the context of business activity have been arbitrarily arrested, intimidated, stigmatised, criminalised, threatened and some killed.

This was particularly evident in reference to those working in the field of extractive and hydro-electric industries.  The murder of leading land,environment and indigenous peoples´ rights defender Berta Cáceres, who had been campaigning against the construction of the Agua Zarca dam, is one case cited where impunity is ongoing.  Individuals responsible for the killing have been tried and jailed. However, those suspected of planning the crime, including senior management from the company building the dam (DESA) according to the independent mission of experts GAIPE, have not been investigated or prosecuted. [see also: https://humanrightsdefenders.blog/2020/06/10/nina-lakhanis-who-killed-berta-caceres-reviewed/]. Another Special Procedure expert – the Special Rapporteur on the independence of judges and lawyers – will also be presenting a report on its official visit to Honduras in August 2019. After completion of the visit, he called on Honduras to take urgent action to end corruption and guarantee an independent judiciary, stressing that ‘the justice system, as well as the political class’ are being ‘called strongly into question by the citizens’.

Burundi

The Commission of Inquiry on Burundi will present its oral briefing during the 44th session of the HRC. ISHR continues to remain highly concerned about the human rights situation in Burundi and its refusal to cooperate with the Council’s mechanisms.

Egypt

Seven UN experts have expressed concern about the collective and corrosive effects of Egypt’s counter-terrorism laws and practices on the promotion and protection of human rights. They stated that “Despite repeated communications by UN experts over arbitrary detention of individuals, human rights defenders and activists, the Egyptian Government has not changed its laws of practice”. The ‘Terrorism Circuit courts’ in Egypt, are enabling pre-trial detention as a form of punishment including against human rights defenders and journalists, such as Ibrahim Metwally, Mohamed El-Baqer and Esraa Abdel Fattah, Ramy Kamel, Alaa Abdel-Fattah, Patrick Zaky, Ramy Shaat, Eman Al-Helw, Solafa Magdy and Hossam El-Sayed. All of the individuals that the Special Procedures and the High Commissioner have written about since September 2019 are still in pre-trial detention by these courts. Once the terrorism courts resumed after they were suspended due to COVID-19, they renewed their detention retroactively.

The government’s response to the UPR in March 2020 demonstrated its lack of political will to address key concerns raised by States and to engage constructively with the Council. For example, the government refused to acknowledge the systematic and widespread attacks against defenders, the practice of torture and ill-treatment in detention centres, and to receive visits by Special Rapporteurs on torture and human rights defenders. The government claimed that no one is detained for exercising their rights, despite the fact that the UN Working Group on Arbitrary Detention found that arbitrary detention is a systematic problem in Egypt and could constitute a crime against humanity.

ISHR urges States to call on Egypt to immediately and unconditionally release all those detained for exercising their human rights, to stop using pre-trial detention as a punishment, and to take immediate measures to guarantee their rights to contact their families on a regular and continuous basis and to ease sending and receiving letters, food and medical supplies to them.

Philippines 

The OHCHR issued its report (A/HRC/44/22) on the human rights situation in the Philippines, drawing on extensive engagement with and information provided by civil society in the country, the region and globally. The report refers to the killing of 208 human rights defenders, journalists and trade unionists, including 30 women, between January 2015 and December 2019. Confirming practices of vilification, criminalisation, restrictions of fundamental rights, as well as the continuing attacks including ‘red-tagging,’ the report notes existing impunity and the failure of domestic mechanisms to ensure accountability. The presentation of this report provides an important opportunity for debate on the key findings, and to consider options for how to advance recommendations to address the government’s violations of human rights overall, and restrictions on human rights defenders in particular.

See also: https://humanrightsdefenders.blog/2020/06/05/how-a-philipines-website-does-the-reporting-on-the-un-findings-on-human-rights-violations/

Other country situations:

The Council will hold an interactive dialogue on the High Commissioner’s annual report on 2 July 2020. The Council will consider reports on and is expected to consider resolutions addressing a range of country situations, in some instances involving the renewal of the relevant expert mandates. These include:

  • Interactive Dialogue with the High Commissioner on the human rights situation of Rohingya people 
  • Enhanced Interactive Dialogue with the High Commissioner on the situation of human rights in the Philippines 
  • Interactive Dialogue with the SR on the situation of human rights in Eritrea
  • Oral update by the High Commissioner on the situation of human rights in Nicaragua
  • Interactive Dialogue with the SR on the situation of human rights in Belarus 
  • Interactive Dialogue with the High Commissioner on the situation of human rights in the Bolivarian Republic of Venezuela
  • Interactive Dialogue with the Commission of Inquiry on Burundi 
  • Interactive Dialogue with the SR on the situation of human rights in Myanmar 
  • Interactive Dialogue with the Commission of Inquiry on the Syrian Arab Republic 
  • Interactive Dialogue with the SR on the situation of human rights in the Palestinian Territories occupied since 1967 
  • Enhanced ID on the oral reports of the Government of the Sudan and OHCHR on progress towards the opening of a country office 
  • Oral update of the High Commissioner on cooperation with Georgia 

Adoption of Universal Periodic Review (UPR) reports

During this session, the Council will adopt the UPR working group reports on Armenia, Grenada, Guinea, Guinea-Bissau, Guyana, Kenya, Kiribati, Kuwait, Kyrgyzstan, Lao People’s Democratic Republic, Lesotho, Spain, Sweden, and Turkey.

ISHR supports human rights defenders in their interaction with the UPR. We publish and submit briefing papers regarding the situation facing human rights defenders in some States under review and advocate for the UPR to be used as a mechanism to support and protect human rights defenders on the ground. This session of the Council will provide an opportunity for Turkey, Kuwait and Guinea  to accept recommendations made in relation to human rights defenders, as proposed in ISHR’s briefing papers.

#HRC44 | Council programme, appointments and resolutions

During the organisational meeting for the 44th session held on 12 and 15 June 2020, the President of the Human Rights Council presented the programme of work. It includes five panels of discussion and 81 reports. States also announced at least 17 resolutions. 

Appointment of mandate holders

The President of the Human Rights Council has proposed candidates for inter alia the Special Rapporteur on freedom of opinion and expression and the Special Rapporteur on trafficking.

Resolutions to be presented to the Council’s 44th session

At the organisational meeting the following resolutions were announced (States leading the resolution in brackets) especially relevant:

  1. Elimination of discrimination against women (Colombia, Mexico)
  2. Human rights situation in Eritrea (Australia, Austria, Belgium, France, Germany, Netherlands) mandate renewal 
  3. Business and human rights (Norway, Russian Federation, Ghana, Argentina) Working Group + Accountability and Remedy project mandate renewals
  4. Extrajudicial, summary or arbitrary executions (Sweden) mandate renewal
  5. Human rights and climate change (Bangladesh, Philippines, Viet Nam)
  6. Independence and impartiality of the judiciary, jurors and assessors, and the independence of lawyers  (Hungary, Australia, Botswana, Maldives, Mexico, Thailand) + mandate renewal
  7. Trafficking in persons, especially women and children (Germany, Argentina, Philippines) + mandate renewal 
  8. Freedom of opinion and expression: access to information (Canada, Namibia, Brazil, Fiji, Netherlands, Sweden) 
  9. Rights of persons with disabilities (Mexico, New Zealand) mandate renewal 
  10. The human rights situation in Belarus (EU) 
  11. The right to peaceful protest (Switzerland, Costa Rica)

Panel discussions

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

  1. Annual full-day meeting on the rights of the child (two panels, theme: “Realizing the rights of the child through a healthy environment”) 
  2. Annual full-day discussion on the human rights of women 
  3. Panel discussion on the impacts, opportunities and challenges of new and emerging digital technologies with regard to the promotion and protection of human rights; including an oral update of the Advisory Committee on its report on new and emerging digital technologies 
  4. Panel discussion on promoting and protecting the rights of persons with disabilities in the context of climate change 
  5. Annual thematic panel discussion on technical cooperation in the promotion and protection of human rights (theme: “Upholding the human rights of prisoners, including women prisoners and offenders: enhancing technical cooperation and capacity-building in the implementation of the Nelson Mandela Rules and the Bangkok Rules”)

For the latest session see: https://humanrightsdefenders.blog/2020/02/24/human-rights-defenders-issues-on-the-agenda-of-43rd-human-rights-council/

https://www.ishr.ch/news/hrc44-key-issues-agenda-june-2020-session