The United Nations Human Rights Council’s 49th session, which begins on February 28 in Geneva, presents an opportunity to send a powerful message to the Ortega-Murillo government that these human rights violations will not be tolerated. Governments should support a strong resolution on Nicaragua, demanding the release of all detainees subjected to arbitrary detention and prosecutions and establishing an independent mechanism to investigate rights violations.
Tamara Taraciuk Broner, Acting Director, Americas Division of HRW, describes the latest in the Nicaraguan Government’s Attempts to Tighten its Authoritarian Grip:
Nicaragua’s courts are scheduled to hold a sham trial of seven government critics and opposition leaders, all arbitrarily imprisoned since June 2021. It’s the latest in a slew of trials of people detained on absurd charges months on end.
This week’s trial epitomizes Nicaragua’s mockery of justice: A joint trial, with no due process, on charges of “conspiracy to undermine national integrity,” in most cases based solely on the defendants’ exercise of their right to free expression, that will most likely result in swift convictions for all.
Since February 1, at least 14 detainees have been found guilty of “undermining national integrity” during closed-door trials at “El Chipote” prison, rather than at public courthouses, as Nicaraguan law requires. Each trial has lasted just a few hours and has resulted in swift convictions and sentences of several years in prison.
Announcing the trials on January 31, the Attorney General’s Office called the detainees “criminals and thieves.” Authorities had suspended the trials in October 2021 without offering a clear reason.
Between May and November 2021, the government unleashed a wave of arbitrary arrests to pave the way for President Daniel Ortega’s reelection to a fourth consecutive term. Nicaraguan authorities arrested at least 40 critics, including student and business leaders, campesino representatives, defense lawyers, journalists, activists, and seven presidential candidates. More than 130 others were detained earlier and remain in detention.
Criminal proceedings have lacked basic due process. In many cases, detainees were held incommunicado for weeks or months at El Chipote, some in prolonged solitary confinement. When allowed visits, families described abusive conditions, including repeated interrogations and insufficient food.
On February 12, Hugo Torres died in detention. Torres a 73-year-old former companion of Nicaraguan President Daniel Ortega, had been arbitrarily arrested in early June and accused of “treason.”
Prosecutors have based serious accusations solely on claims that the accused had given interviews to media outlets, shared WhatsApp messages, participated in meetings, or signed letters calling for free elections, demanding international condemnation of government abuses, or expressing support for sanctions against Nicaraguan officials.
These trials contribute to President Ortega’s mounting record of abuse. Given the lack of judicial independence of Nicaraguan courts, this would provide victims the possibility of being heard by an independent body with a chance to holding perpetrators accountable.
Other inmates also are in dire straits, according to family members and rights defenders, who say the prisoners are malnourished, losing weight, teeth and memory, and getting weaker by the day.
“Many are facing a serious risk to health and life,” the former president of the Inter-American Commission on Human Rights (IACHR), Antonia Urrejola, said on Twitter.
Ortega, who secured a fourth consecutive term in November elections, has faced widespread criticism from rights groups, opposition figures and international observers who decried the vote as “a sham”.
On Monday, the European Union’s external affairs spokesman, Peter Stano, sent “deep condolences” to Torres’s family and called for an independent investigation into his death. “We reiterate our call for the immediate and unconditional release of all political prisoners … subjected to inhumane detention conditions” in Nicaragua, Stano tweeted.
On 25 January 2022 important Research by Jon Vrushi and Roberto Martínez B. Kukutschka of Transparency International (which just published it 2021 Corruption Perceptions Index) shows a perhaps not surprising but undoubted link between human rights and corruption. They say: Corruption enables both human rights abuses and democratic decline. In turn, these factors lead to higher levels of corruption, setting off a vicious cycle.
…While all states have a responsibility to respect, protect and fulfil the human rights of all people, the presence of corruption can weaken a government’s ability to do so by undermining the overall functioning of the state – from the delivery of public services, to the dispensation of justice and the provision of safety for everyone.
More specifically, the duty to respect means that the state must not act in violation of human rights, for example, by using violence against peaceful demonstrators. Corruption can undermine this obligation when, for example, the government instrumentalises the police or judiciary to unfairly detain, arrest or intimidate opponents or dissidents. Corruption in law enforcement can jeopardise people’s safety and victims’ access to justice. On the one hand, corruption in law enforcement can drive human right violations such as ill-treatment or torture in the hands of officers including in detention settings or through police practices. In other cases, corruption might permeate the administration of justice including by slowing investigations into human rights violations and affecting due process.
What is more, corruption and impunity contribute to an unsafe climate for human rights defenders to operate in. Having examined the data collected by Frontline Defenders, we found that out of the 331 cases of murdered human rights defenders in 25 countries in 2020, 98 per cent of those deaths occurred in 23 countries with high levels of public sector corruption, or a CPI score below 45. Moreover, at least 20 of all cases were registered as killings of human rights defenders dealing with anti-corruption issues.
The second state obligation, to protect, means that governments should ensure that no one infringes the rights of its people. Corruption can also undermine this obligation. Organised criminal groups routinely murder journalists and human rights defenders and the state often fails to protect their safety. Similarly, private actors can rely on bribery and/or personal connections to ensure that the state turns a blind eye to human rights abuses. If the state fails to prevent a company, which has made a large campaign donation, from polluting a water source on which people depend on and puts their health at risk, the state is effectively failing in its obligation to protect.
Finally, corruption can directly undermine a government’s ability to fulfil its human rights obligations to take positive actions to guarantee the enjoyment of basic human rights. When states allow the embezzlement of public funds meant to be spent on providing healthcare or when rigged public procurement processes fail to deliver the necessary goods and services for education, states fail in their responsibility to fulfil the rights to health and education.
While all three obligations are equally important, state failure to respect human rights can lead to catastrophic consequences for democracy and the rule of law, as it can subvert fundamental rights which are critical for government accountability, such as freedom of expression, assembly and association. This, in turn, makes it harder to keep corruption in check and can lead to a vicious cycle of corruption, human rights abuses, and democratic decline.
The graph below shows how corruption and abuse of civil liberties go hand-in-hand. The civil liberties score, a dimension of the Democracy Index from the Economist Intelligence Unit, contains indicators on freedom of expression, association, assembly, personal safety and access to justice, among others. What we observe is that there is a strong and positive correlation between good governance and the respect of human rights and that very few countries have managed to establish effective control of corruption without also respecting human rights. This relationship holds even when controlling for the level of development (see Annex).
Keeping corruption out of the public eye is essential to ensure that those who participate in it face no consequences. Restricting freedoms of expression, association and assembly is thus a popular tactic to weaken societal checks on corruption, reducing the chances of being denounced for engaging in corruption and facing consequences. Simultaneously, this helps to perpetuate corrupt networks and practices. To ensure they face no legal consequences, in some cases corrupt officials also capture the judiciary and independent oversight institutions. To prevent loss of their privileges, corrupt and their cronies often resort to oppressive measures, curtailing civil liberties.
Take Nicaragua, for example, where President Daniel Ortega has ruled since 2007 and the country has experienced democratic decline, along with restrictions to fundamental freedoms and rampant corruption. Nicaragua is one of the significant decliners on the 2021 CPI, having dropped from a score of 29 in 2012 to 20 in 2021.
Nicaragua now ranks in the bottom 20 countries on the Index. At the same time, Nicaragua’s scores on V-Dem’s “Freedom of Expression”, “Freedom of Association” and “Access to Justice” indicators have dropped to record low levels. Corruption in the justice system and total capture of the courts by the executive means that human rights abuses go unchecked, providing no access to justice or remedy for victims in the country. At the same time, politically motivated corruption charges against opposition figures.
further impinge on political rights and liberties while government officials face virtually no accountability for acts of corruption. This climate of total impunity allows the government to further restrict fundamental rights, like freedom of expression, association and assembly. In some cases, they become direct attacks.
In 2019, one of the oldest newspapers in Nicaragua, El Nuevo Diario, reported that it was forced to close after authorities prevented it from obtaining newsprint and ink. Furthermore, between March and July 2020, Nicaragua’s Observatory of Aggressions on the Independent Press reported 351 attacks including unjust prosecutions, arbitrary detentions and harassment of media workers and their families. Human rights abuses continue, including bans on protests, attacks on freedom of expression, and the stigmatisation and persecution of journalists and human rights defenders.
Attacks on checks and balances as well as on civil liberties do not only occur in countries with systemic corruption and weak democratic institutions, but also in consolidated democracies. Hungary serves as a cautionary tale where following corruption and full capture of the state, the country has fallen to the lowest score in the Freedom in the World Index since the end of the communist regime in 1989. The abuse of media, civic space and the judiciary by democratic governments alleged to be involved in corruption has also been prevalent in Czechia, Slovenia and Brazil, among others.
What is more, not everyone is equally able to challenge corruption. Repressive officials or those seeking to silence anti-corruption campaigners are less likely to fear being held to account when they target individuals from marginalised groups. People from discriminated groups are therefore more exposed to potential backlashes and human rights abuses when they try to make their voices heard. The enhanced level of danger also applies to anti-corruption campaigners who champion the cause of discriminated groups, such as Transparency International’s chapter in Guatemala, which seeks to uncover and challenge acts of collusive corruption between state officials and mining companies that harm Indigenous Peoples.
Transnational corruption as enabler of human rights abuses
Various actors in the top-scoring countries are all too eager to help authoritarian and kleptocratic regimes clean their reputations – not just their money.
The case of Kazakhstan and the United Kingdom shows this corrupt backscratching at work. The heavy-handed response to protests in the country in early January made international headlines, echoing events of the Zhanaozen massacre from 10 years ago. Nursultan Nazarbayev, the country’s president at that time turned to the UK’s former prime minister Tony Blair to help him with his image. In a leaked letter Blair reportedly advised and provided Nazarbayev with talking points on how to handle critical questions about Zhanaozen. Months later, the government jailed an opposition leader for allegedly orchestrating the events. Blair continued to defend Kazakhstan’s regime on various occasions.
More international coordination is needed to ensure that foreign dictators and western enablers do not circumvent anti-money laundering and sanctions regimes.
Transnational corruption enables human rights abuses and exacerbates repression by allowing autocrats to:
Enjoy looted funds and reward cronies. Without the help of professional enablers like complicit bankers, lawyers, accountants, real-estate brokers etc, kleptocrats would not be able to enjoy their funds and pay off those who support them. In turn this means that they can stay in power by buying support and dispensing patronage to cronies.
Launder their reputation abroad. By employing western public relations firms, lobby professionals and even funding universities kleptocrats and autocrats ensure that little pressure will come to bear from the international community on their human rights abuses record.
Evade accountability. By hiding their financial transactions, autocrats make it almost impossible for law enforcement or judicial bodies, at home or abroad, to find traces of their malfeasance, ensuring they stay in power and unscathed. They can also bypass sanctions regimes, such as those aimed directly at human rights abusers through the Global Magnitsky Act or similar legislation.
In 2017, the Azerbaijani Laundromat investigations found how a network of slush funds financed Azerbaijan’s bribe-induced foreign policy and reputation. Three Spanish delegates to the Parliamentary Assembly of the Council of Europe (PACE) are suspected of benefiting from the Laundromat. In return, they allegedly watered down the human rights body’s criticism of events in Azerbaijan under the country’s repressive authoritarian regime. In 2021, authorities in Germany expanded their previous investigations into the Azerbaijani Laundromat. Another (now former) German parliamentarian is under investigation for similar reasons. Transnational corruption schemes allowed the Azerbaijani government to conduct a type of caviar diplomacy, bribing abroad and shoring up support from cronies at home.
Effects on democracy and corruption
Civil and political rights including freedom of expression, freedom of association and assembly, as well as access to justice are integral to healthy democracies. They guarantee the participation of citizens and groups in democratic and policy processes and can help keep corruption in check. The current wave of autocratisation is not primarily driven by coups and violence, but rather by efforts to undermine democracy gradually. The descent into authoritarianism usually begins with violations to people’s civil and political rights, attacks on civil and political rights, efforts to undermine the autonomy of oversight undermining election management bodies, and trying to control or directly attack the media to help disseminate the regime’s ideology while supressing criticism.
The case of Belarus, which this year fell 6 points in the CPI score this year, perfectly illustrates the limits of this top-down model and how the apparent successes in controlling corruption can quickly prove illusory where they are subject to the whims of a dictator or a regime that does not allow criticism, opposition or political competition. The country also serves as a cautionary tale for similar regimes.
While examples of successful top-down anti-corruption reforms exist in countries like China, Cuba and Singapore. These efforts are few and far apart. Furthermore, some of the most successful anti-corruption reforms that started with top-down interventions, eventually had to incorporate more bottom-up approaches to ensure their sustainability. Hence, sustainable anti-corruption strategies go hand in hand with the protection of universal human rights and fundamental freedoms.
For these reasons, in its Strategy 2030, Transparency International recognises that corruption cannot be countered without fundamental human freedoms to organise, associate, access information and speak up as well as a free and independent media.
To end the vicious cycle of corruption, human rights violations and democratic decline, people should demand that their governments:
Uphold the rights needed to hold power to account. Governments should roll back any disproportionate restrictions on freedoms of expression, association and assembly introduced since the onset of the pandemic. Ensuring justice for crimes against human rights defenders must also be an urgent priority.
Restore and strengthen institutional checks on power. Public oversight bodies such as anti-corruption agencies and supreme audit institutions need to be independent, well- resourced and empowered to detect and sanction wrongdoing. Parliaments and the courts should also be vigilant in preventing executive overreach.
Combat transnational forms of corruption. Governments in advanced economies need to fix the systemic weaknesses that allow cross-border corruption to go undetected or unsanctioned. They must close legal loopholes, regulate professional enablers of financial crime, and ensure that the corrupt and their accomplices cannot escape justice.
Uphold the right to information in government spending. As part of their COVID-19 recovery efforts, governments must make good on their pledge contained in the June 2021 UNGASS political declaration to include anti-corruption safeguards in public procurement. Maximum transparency in public spending protects lives and livelihoods.
The Berlin-based nongovernmental organisation surveys business leaders and experts to assign scores to 180 countries and territories on their perceived levels of public sector corruption. Using a scale from 0 to 100 (with 100 being very clean and 0 ranking as highly corrupt), the 10th annual report found that two-thirds of countries scored below 50. The average score was 43 out of 100. Overall, the fight against corruption is having mixed results – with some nations making gains and others falling behind. “Since 2012, 25 countries significantly improved their scores, but in the same period 23 countries significantly declined,” the report said.
It also found that despite increased momentum to end the abuse of anonymous shell companies, many high-scoring countries with relatively clean public sectors continue to enable corruption. A shell company does not have a physical location, employees, products or revenue. It is used to store money, help facilitate tax avoidance and, in some cases, deal in illegal activity such as money laundering. Some high-ranking countries such as Switzerland have been called tax havens in part due to their tolerance of shell companies.
The long-time president of the Nicaraguan Center for Human Rights, doesn’t rule out the possibility of being jailed by the Ortega-Murillo regime. Re-published on 11 December in Havana Times:
Vilma Nuñez learned about Nicaraguan jails when she was just a child. She was eight years old when they took her to visit a political prisoner – her father. He had been imprisoned by Somoza’s National Guard, the same repressive body that years later would also jail and torture her.
In the course of over six decades of work, she’s become the veteran defender of Nicaraguans’ human rights. Founder and current president of the Nicaraguan Center for Human Rights (Cenidh), she confesses that she decided to study Law to fight against the outrages she’d experienced since childhood. Her law career has spanned 63 years, although she was very seldom the prosecutor, but almost always worked on the side of defense. See also: https://humanrightsdefenders.blog/2018/12/02/nicaragua-moves-against-women-human-rights-defenders/
Through Cenidh, Nuñez continues her struggle for the liberation of the Ortega regime’s political prisoners, just as she did in 1958, when she formed part of the Leon student movement. Through that organization, she became involved in the Committee for the Liberation of the Political Prisoners during the the Somoza regime. On one occasion, she recalls, they requested and received an audience with Luis Somoza Debayle, effectively Nicaragua’s dictator from 1956–1967. Together with university chancellor Mariano Fiallos Gil, she met with the man who had inherited the Somoza dynasty. The dictator became enraged when they demanded the release of the prisoners.
Twenty-one years after that meeting, Nuñez was jailed and tortured with electric shocks by order of the dynasty’s final successor, Anastasio Somoza Debayle. It’s not surprising, then, that the current situation of the political prisoners brings her back to the days of that other terrible dictatorship that – like the current regime – wouldn’t tolerate criticism.
In addition, Nuñez is a survivor of the student massacre of July 23, 1959. She has felt in her own flesh what it means to be jailed for false crimes because of having protested. At 83, it’s been her destiny to once more live under attack from a new dictatorship.
At the end of 2018, the Ortega regime ordered the Sandinista-dominated National Assembly to strip Cenidh of the non-profit status it had held since its founding in 1990. It also confiscated its offices.
“They’ve struck us a blow, but it doesn’t hurt us,” the Cenidh president declared defiantly. “A serious human rights organization can’t be dissolved by a resolution from a political organ with no autonomy or independence; nor can they dissolve our commitment and accompaniment of the Nicaraguan people,” she affirmed, in reference to the legislature’s decision…
According to Nuñez, all the attacks are because they won’t forgive her for having accompanied the case of Zoilamerica Narvaez, Daniel Ortega’s stepdaughter. In 1998, Narvaez filed formal accusations of 19-years of rape and sexual abuse and harassment against Ortega.
The issue most disturbs Dr. Nuñez at present is not being able to accompany the victims at the site where the human rights violations are occurring. She can’t even file an appeal, because the entire state apparatus is controlled by the Ortega regime.
“No one listens or does anything, which generates a situation of powerlessness. You can’t protest, or do anything, and for that reason I’ve said that I feel I’m a prisoner in Nicaragua,” she explains.
Nevertheless, she insists that she won’t cease in her struggle for the defense of human rights and the search for justice. “Fear has been one of the most powerful weapons wielded by the dictatorship, and I won’t let it dominate me,” she declares.
The human rights defender doesn’t rule out the fact that they may want to jail her. Every day, she says, she once again conquers that fear. “The authentic defense of human rights isn’t restricted to the use of the Law. Although the national and international statutes are always useful, they go hand in hand with less formal mechanisms, and one of the most effective of these is the public denunciation,” Nuñez notes.
“I’m going to continue on in Nicaragua. My commitment is to keep standing beside the people, denouncing and defending human rights as long as I can. It’s always been my lot to be standing on the sidewalk, right in the nose of the tyrants and human rights violators,” Vilma Nuñez says.
Antonia Urrejola, president of the Inter-American Commission on Human Rights: “Ever since I first met her, [Dr. Nuñez’] strength has impressed me (…) if there’s a person who’s always been present in the denunciations of human rights violations in Nicaragua, it’s her. She’s an example of strength and courage.”
Gonzalo Carrion, Nicaragua Nunca + Human Rights Collective: “The history of the human rights movement in the last sixty years in Nicaragua chronicles a people suffering and resisting two different dictatorial dynasties. Whoever writes [that story] will inevitably have to tell of Vilma Nuñez’ activism and commitment.”
Gioconda Belli, Nicaraguan writer: “Who hasn’t seen Doña Vilma traveling to the most remote places to accompany victims whose rights have been violated? No one, more than you knows how to be at the side of the Nicaraguan people.”
A committee of 5 human rights experts has selected a shortlist of 12 human rights defenders from among the nominees for 2021; since then an independent jury composed of 5 members has select 3 candidates from this shortlist. The Minister of Foreign Affairs will now choose a winner from the three remaining candidates:
Human rights activist and lawyer in Uganda
As a child, he grew up in the epicentre of a brutal war between the Lord Resistance Army and government forces. Today, working as a human rights lawyer, he is being threatened, spied on and shadowed. This is his story.
Nicholas Opiyo.
As a human rights lawyer, Ugandan Nicholas Opiyo is not afraid to take on sensitive cases. He challenged the law that gave the police the right to ban public gatherings. He led the campaign for the enactment of a law criminalizing torture and drafted the initial bill that was enacted by parliament in 2012. He, alongside other brave Ugandan activists, successfully challenged Uganda’s anti-gay law in 2014. He has provided legal representation to the gay community in Uganda.
Nicholas is executive director of Chapter Four Uganda, an NGO that works to protect civil liberties and improve universal observance of human rights. He defends human rights activists who are being persecuted in Uganda. He also stands up for people who are in trouble with the government and lack the resources to defend themselves. See: https://www.trueheroesfilms.org/thedigest/laureates/6743A94B-BA1A-AA2A-AC6C-592EBD981EDA
Surviving war
Nicholas grew up on the outskirts of the northern Ugandan city of Gulu. His village was repeatedly attacked by the Lord’s Resistance Army (LRA), a rebel group that used child soldiers. Unlike many young people abducted into the ranks of the rebels, he survived abductions. The rebels kidnapped his father and sister, who managed to return after several months in captivity. To avoid being kidnapped, Nicholas walked several kilometres every day so he could sleep in the city. It was safer in a church compound or on the pavement in front of shops than in his village.
Government soldiers detained Nicholas’ father as part of an operation to eliminate traitors. The soldiers took all men 18 and older to a stadium where they were held for days without food. Looking through a crack in the stadium wall, Nicholas could see his father being beaten. Nicholas’ father was released after three days because he was innocent. Unable to forget these events, Nicholas decided to become a lawyer. ‘First I wanted to be a journalist so I could speak about [mistreatment],’ he said in an interview met Buzzfeed News. ‘But I thought … I can go to court and change things.’
Nicholas’ work often gets him in trouble with the state. He is being threatened, spied on and shadowed. In December 2020, in the run-up to the elections, he was arrested and imprisoned. Although he was charged with money laundering, the government presented no evidence. He spent Christmas and New Year’s Eve in jail. Human rights activists see the charges against Nicholas as a way to hinder his work as a human rights lawyer. Even in jail, he used his time to talk to prisoners who sought advice. In fact, he says, his arrests give him the energy to do even more. [see also: https://humanrightsdefenders.blog/2020/12/23/ugandan-human-rights-defender-nicholas-opiyo-arrested-like-a-criminal/]
Nunca Más: they had to flee from Nicaragua, but their struggle continues
Banished from Nicaragua, a target of cyberattacks: despite all these setbacks, the activist collective Nunca Más is continuing to work for human rights in Nicaragua. This is their story.
Nunca Más.
‘When Daniel Ortega became president of Nicaragua, his supporters said that there was no longer any reason for us to exist. That human rights work in Nicaragua was a thing of the past. But that can never happen! Anyone who exercises power is capable of abusing it.’ So said human rights defender Gonzalo Carrión Maradiaga in an interview with the Nicaraguan magazine Envío. For 14 years he had been legal adviser of the Nicaraguan Center for Human Rights (CENIDH), which combats impunity and human rights violations.
In December 2018 the Ortega government closed CENIDH by force. The human rights defenders on its staff were expelled from Nicaragua. Gonzalo and his colleagues fled to Costa Rica, where they continued their work and in 2019 founded Nicaragua Nunca Más. Nunca Más reports on torture and other human rights violations in Nicaragua, in the interests of justice and to discourage new violations. They offer legal and psychosocial support to victims and their family members, journalists and human rights defenders, and conduct human rights training courses. They also work at international level on behalf of victims of human rights violations. At the moment, justice cannot be sought through the Nicaraguan legal system, as it is under influence of the president. Nonetheless, gathering evidence is crucial to ensure justice for human rights violation in the future.
It was not easy to make a fresh start in a new country, but the founders of Nunca Más have managed to recover. Between 2019 and 2021 the group documented over 400 cases of serious human rights violations. The collective has now issued five reports, including information on victims who have been tortured, humiliated and arbitrarily imprisoned. The reports also contain information about extrajudicial executions and denial of the right to organise. Such reports are crucial in the absence of free press.
Under pressure
The Nicaraguan government have not been pleased with Nunca Más’ reports, and are subjecting the organisation to severe pressure. Its website has been the target of repeated cyberattacks. Extra digital security measures have enabled the collective to safeguard personal data and sensitive digital information. Despite these difficult conditions, including being forced to live far from their familiar surroundings, its human rights defenders are persisting bravely with their struggle. Gonzalo has not seen his wife or one of his daughters for 18 months. ‘But the time will come. One day I’ll go back,’ he said resolutely in the interview with Envío.
It was not easy to make a fresh start in a new country, but the founders of Nunca Más have managed to recover. Between 2019 and 2021 the group documented over 400 cases of serious human rights violations. The collective has now issued five reports, including information on victims who have been tortured, humiliated and arbitrarily imprisoned. The reports also contain information about extrajudicial executions and denial of the right to organise. Such reports are crucial in the absence of free press.
Mari Davtyan, lawyer in Russia, opposes domestic violence
The Russian police do not always respond to domestic violence complaints. Sometimes their failure to act has fatal results. Lawyer Mari Davtyan has been working for years now to change this situation. This is her story.
Mari Davtyan.
In December 2017 Margarita Gracheva’s husband chopped her hands off with an axe. She had asked the police for help several times in the preceding months – in vain. Mari Davtyan was Margarita’s lawyer. Now Mari is working on the case of three teenage sisters who killed their father on 28 July 2018, when they could no longer bear his many years of physical and sexual abuse. Their mother had reported the violence to the police, but was ignored. Domestic violence is seen in Russia as a ‘family issue’, and outside interference is viewed as meddling, Mari noted in an interview with Voice of America. Mari’s strong defence for the teenage sisters has sparked a debate in Russian society on domestic violence and conservative family values.
Since 2017 domestic violence is no longer a serious offence in Russia, but a misdemeanour. Perpetrators are fined, have to do community service or are served with a training order. They are only taken to court in cases of repeated violence or serious injuries. This law is meant to preserve the ‘unity of the family’; according to this logic, fathers don’t belong in jail. Mari has been fighting for years now to change this law, ‘because it has been proven dangerous for the safety of thousands of women in Russia’, Mari said in an interview with Marina Pisklakova-Parker of the Anna Center in Moskou. Fighting and winning cases like this has ‘helped the government understand that we are not dealing with violence in the right way,’ said Mari in an interview with the Washington Post. Growing numbers of people are putting pressure on the courts and government to reflect on how they are treating victims.
Mari is also the head and legal expert of the Consortium of Women’s NGOs, which works to protect victims of domestic violence in Russia. The organisation gives courses on women’s rights to lawyers and the police and helps victims with their legal cases. ‘We have more than 100 lawyers working with us today, this year we have more than 150 cases, and I think about 1,000 consultations with individual women,’ said Mari in an interview with the European Human Rights Advocacy Centre (EHRAC). She sees that women are becoming more confident and more often have the courage to seek her out. ‘They are finding the power to ask for help and they’re starting to understand what a healthy relationship should look like,’ she said in her interview with Voice of America.
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:
Special Rapporteur on the human rights to safe drinking water and sanitation
Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights
Special Rapporteur on truth, justice, reparation and guarantees of non-recurrence
Special Rapporteur on contemporary forms of slavery, including its causes and consequences
Working Group on Arbitrary Detention
Working Group on Enforced or Involuntary Disappearances
Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes
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:
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
Special Rapporteur on the rights of indigenous peoples and the Expert Mechanism on the Rights of Indigenous Peoples
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
The Special Rapporteur in the field of cultural rights;
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;
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):
Human rights situation in Burundi (EU)
Human rights and environment (Costa Rica, Maldives, Morocco, Slovenia, Switzerland)
Cooperation with the United Nations, its representatives and mechanisms in the field of human rights (Fiji, Ghana, Hungary, Ireland, Uruguay)
Human rights situation in Yemen (Belgium, Canada, Ireland, Luxembourg, Netherlands)
Elimination of child, early and forced marriage (Argentina, Canada Italy, Honduras, Montenegro, Poland, Sierra Leone, Switzerland, UK, Uruguay, Zambia, Netherlands)
Technical assistance and capacity-building in the field of human rights in the Democratic Republic of the Congo (African Group)
Technical assistance and capacity-building to improve human rights in Libya (African Group)
From rhetoric to reality: a global call for concrete action against racism, racial discrimination, xenophobia and related intolerance (African Group)
Human rights and indigenous peoples (Mexico, Guatemala)
Human rights situation in Syria (France, Germany, Italy, Jordan, Kuwait, Netherlands, Qatar, Turkey, UK, USA)
Advisory services and technical assistance for Cambodia – mandate renewal (Japan)
Enhancement of technical cooperation and capacity-building in the field of human rights (Thailand, Brazil, Honduras, Indonesia, Morocco, Norway, Qatar, Singapore, Turkey)
Technical assistance and capacity building to Yemen (Arab Group)
Equal participation in political and public affairs (Czech Republic, Botswana, indonesia, Peru, Netherlands)
Right of privacy in the digital age (Germany, Brazil, Liechtenstein, Austria, Mexico)
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:
Biennial panel discussion on the issue of unilateral coercive measures and human rights
Annual discussion on the integration of a gender perspective throughout the work of the Human Rights Council and that of its mechanisms
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)
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)
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
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)
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.”
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
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.
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.
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:
The Independent Expert on the enjoyment of human rights by persons with albinism;
The Special Rapporteur on the right to privacy;
The Special Rapporteur on violence against women, its causes and consequences;
Two members of the Working Group of Experts on People of African Descent (one from Asia-Pacific States and one from Eastern European States);
A member of the Working Group on Enforced or Involuntary Disappearances, from Western European and other States;
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):
Menstrual hygiene, human rights and gender equality (Africa Group)
Elimination of harmful practices (Africa Group)
Cooperation with and assistance to Ukraine in the field of human rights (Ukraine)
Situation of human rights of Rohingya Muslims and other minorities in Myanmar (OIC)
The protection of human rights in the context of human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS) (Brazil, Colombia, Mozambique, Portugal, Thailand)
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)
The human rights situation in Belarus, mandate renewal (EU)
The human rights situation in Eritrea, mandate renewal (EU)
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)
Enhancement of international cooperation in the field of human rights (Azerbaijan on behalf of NAM)
New and emerging digital technologies and human rights (Austria, Brazil, Denmark, Morocco, Republic of Korea, Singapore)
Human rights of migrants (Mexico)
Impact of arms transfers on human rights (Ecuador, Peru)
Civil society space (Chile, Ireland, Japan, Sierra Leone, Tunisia)
Realizing the equal enjoyment of the right to education by every girl (UAE, UK)
Preventable maternal mortality and morbidity (Colombia, New Zealand, Estonia)
The promotion, protection and enjoyment of human rights on the Internet (Brazil, Nigeria, Sweden, Tunisia, United States of America)
Accelerating efforts to eliminate all forms of violence against women (Canada)
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:
High-level panel discussion on the multisectoral prevention of and response to female genital mutilation
Panel discussion on the tenth anniversary of the Guiding Principles on Business and Human Rights
Panel discussion on the human rights of older persons in the context of climate change [accessible panel]
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
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
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
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 Resolution43/1 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.
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.
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 the46th 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.
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 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:
Expert Mechanism on the Rights of Indigenous Peoples (member from Africa)
Expert Mechanism on the Rights of Indigenous Peoples (member from North America)
Special Rapporteur on extrajudicial, summary or arbitrary executions
Special Rapporteur on the situation of human rights in Cambodia
Working Group of Experts on People of African Descent (member from African States)
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)
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:
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
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
Meeting on the role of poverty alleviation in promoting and protecting human rights
Annual full-day meeting on the rights of the child [two accessible panels]. Theme: Rights of the child and the Sustainable Development Goals
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
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)
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.
Hans Thoolen on Human Rights Defenders and their awards 