Posts Tagged ‘Norway’

Human Rights Defenders in National Action Plans on Business and Human Rights: Launch of Guide with public debate on 15 June

June 7, 2016

The International Service for Human Rights (ISHR) and the International Corporate Accountability Roundtable (ICAR) are planning a public discussion about how and why human rights defenders should be consulted in the development of National Action Plans on Business and Human Rights (NAPs) and protected by their provisions. This event will also launch ISHR and ICAR’s new guidance on this subject, situating NAPs in the broader contexts of extreme risks facing human rights defenders taking on business abuses. Wednesday 15 June 2016, 12h30 – 14h00, Palais des Nations, Geneva. (Room to be confirmed) Read the rest of this entry »

Resolution on protection of defenders of economic, social and cultural rights adopted by Human Rights Council !!

March 25, 2016

 

On 24 March 2016 the ISHR reported that the UN Human Rights Council has adopted the landmark resolution on the protection of human rights defenders working to promote economic, social and cultural rights (see my post of 23 March: https://thoolen.wordpress.com/2016/03/23/norwegian-resolution-un-human-rights-council-defenders-amendments/).

The Norwegian-led resolution was adopted by a vote of 33 Member States of the Human Rights Council to just 6 against. Eight States in the 47-seat Council abstained. Over 150 NGOs from all over the world united to call on Member States of the Council to adopt the resolution and reject a series of 30 hostile amendments proposed by Russia, China, Egypt, Cuba and Pakistan, designed to undermine the protection of defenders and to deny their legitimacy and very existence.

The 6 States that voted ‘No’ on the resolution were not surprisingly Burundi, China, Cuba, Nigeria, Russia and Venezuela. States that abstained were Bolivia, El Salvador, Kenya, Namibia, Qatar, Saudi Arabia, the United Arab Emirates, and Viet Nam. Interesting and positive to note that some of the States that had supported hostile amendments (including Ecuador, Indonesia and India) in the end voted in favour of the resolution.

[The resolution affirms the legitimate and essential role of human rights defenders in promoting, protecting and contributing to the realisation of economic, social and cultural rights – including indigenous rights and the right to development – and condemns restrictions and attacks against them by both States and business enterprises. It also underscores the fact that exercise of the rights to freedom of expression, association, assembly and public participation can be essential to the promotion, protection and realisation of ESC rights, and that restrictions or violations of these democratic rights may lead and amount to violations of the ESC rights for which defenders are advocating.

The resolution also provides invaluable guidance to States and business as to obligations and good practices in the protection of defenders. For States, such obligations and good practices include developing specific human rights defender protection laws and mechanisms, investigating and ensuring accountability for attacks and reprisals against them, and facilitating access to information and participation in policy and decision-making processes. For businesses, the resolution reinforces the obligation to respect and not interfere with the work of defenders, and to consult closely with defenders to identify, avoid, mitigate and remedy human rights risks and violations associated with business activities and development projects.]

We particularly recognise the principled leadership of Norway in leading the development of this timely resolution,’ Mr Ineichen of the ISHR said.ISHR-logo-colour-high

The systematic but ultimately unsuccessful efforts by a small group of States to undermine the human rights defender resolution paradoxically demonstrate the vital importance and potential impact of this resolution,‘ said ISHR Director Phil Lynch.

 

Source: Human Rights Council adopts historic resolution on protection of defenders of economic, social and cultural rights | ISHR

Norwegian Resolution on Human Rights Defenders in the UN Human Rights Council: will it survive hostile amendments?

March 23, 2016
Some readers will have doubt about the importance passing Resolutions in the UN, even on the noble topic of the protection of human rights defenders. However, that this is not seen as a sinecure is clear from the diplomatic battles fought every time [see: https://thoolen.wordpress.com/2015/12/18/un-general-assembly-adopts-resolution-on-human-rights-defenders-with-increased-majority/]. Tomorrow (Thursday 24 March) another such clash is expected. Here are the issues:

It is usually Norway that leads the negotiations on the resolution on human rights defenders as is the case this year at the 31st session of the UN Human Rights Council. The resolution this year takes account of the severe risks that human rights defenders face when defending economic, social and cultural rights, including as they relate to environmental, land and development issues, corporate responsibility, anti-corruption, transparency and accountability issues. The draft resolution calls on States to take effective and practical steps to address the continuing violations of the rights of defenders.

During the first week of this session of the Human Rights Council, Norwegian State Secretary Tore Hattrem stated that “Threats and attacks against human rights defenders who are exercising their right to freedom of speech to advocate economic, social and cultural rights, severely hamper the realisation of these rights”. Also Ambassador Steffen Kongstad raised this important topic during the interactive dialogue with the UN Special Rapporteur on Human Rights Defenders, Michel Forst, stating that “Threats and attacks against human rights defenders may hamper the realization of economic, social and cultural rights, undermining social cohesion, and ultimately stability and development”.

The resolution has been discussed in several open informal consultations in Geneva, taking into account a number of suggestions from different countries. Norway formally tabled the resolution on 16 March full text see website. There are currently around 50 countries from all regional groups that will  co-sponsor the resolution. Still, this is far from won as earlier this week a number of countries (including the serial offenders Russia, China, Egypt, Cuba and Pakistan) have put forward 31 adverse amendments to the text. These amendments include proposals which have the purpose or would have the effect of:

 

Preview of the upcoming session of the UN Human Rights Council

February 25, 2016

The UN Human Rights Council will hold its 31st regular session at Palais des Nations in Geneva from 29 February to 24 March 2016 (it also marks the 10th anniversary of the Human Rights Council). The International Service for Human Rights (see link at the bottom of the post) has published an Alert full of details, but I highlight here the elements that concern human rights defenders most directly:ISHR-logo-colour-high

Human rights defenders:  The Special Rapporteur on the situation of human rights defenders, Michel Forst, will present his annual report to the Council on 3 March. The report focuses on good practices to promote and protect the rights of human rights defenders. Presentation of the report will be followed by a dialogue. Of significance this session is a substantive resolution that will be presented by Norway on the situation of human rights defenders. The resolution at this session of the Council follows on the heels of the resolution on human rights defenders presented at the General Assembly in November 2015. The General Assembly resolution included a number of new, important and substantive provisions, including on the vital role of advocacy and the work of defenders in contributing to sustainable development and the realisation of economic, social and cultural rights, and the responsibilities of business enterprises with respect to engaging, consulting and protecting defenders. [see also: https://thoolen.wordpress.com/2015/12/18/un-general-assembly-adopts-resolution-on-human-rights-defenders-with-increased-majority/] This latest resolution provides an opportunity to recognise the critically important work of economic, social and cultural rights defenders, and the cross-cutting challenges they face, including restrictions not only on their rights to health, food, housing, social security and work, but also on their rights to freedom of expression, association, assembly and life itself. Economic, social and cultural rights activists have been identified by current and previous Special Rapporteurs on the situation of human rights defenders as among the most isolated and stigmatised defenders. It is integral that the resolution recognises the role of both State and non-State actors in the protection of human rights defenders, and enjoys broad State support for strong language demanding their protection.  (On 7 March, ISHR will facilitate a side event on this topic which will be the subject of a separate post) Read the rest of this entry »

Unfortunately the UN voted on the Resolution on human rights defenders!

November 26, 2015

The answer to yesterday’s post [https://thoolen.wordpress.com/2015/11/25/will-the-un-today-adopt-the-strongest-possible-resolution-on-human-rights-defenders-ask-over-100-ngos/] is that the UN did vote in favor but UNFORTUNATELY did have to vote at all. The unanimity by which UN resolutions on this topic were adopted since 1999 is now lost. But at least there is clarity: Russia and China were the main opponents.

In New York today, China and Russia broke the unanimity of the international community by requesting a vote on the resolution presented by Norway,” commented Florian Irminger, Head of Advocacy at the Human Rights House Network. The vote by 117 in favour of the resolution, against 14, and with 40 abstentions, in fact reflects the situation in which human rights defenders work in the countries that voted against the resolution.

Read the rest of this entry »

Rafto award 2015 goes to human rights defender and priest Padre Melo in Honduras

October 7, 2015

The 2015 Rafto Prize has been awarded to the Honduran priest, radio activist and human rights defender Ismael Moreno Coto, better known as Padre Melo. The Prize is awarded in recognition of his use of the media in defense of freedom of expression and fundamental rights in Honduras, a country plagued by extreme violence.

Activities around this important Norwegian prize are:

  • the 2015  Rafto Conference on Saturday 31 October 10 am at Radisson Blu Hotel Norge (the banquet hall) in Bergen [free of charge, but registration here before 28 October].
  • the 2015 Rafto Prize Award Ceremony on Sunday 1 November 6 pm at Den Nationale Scene, Bergen in honour of Laureate Padre Melo, with artistic contributions from Norwegian artists.

For more on this award: http://www.brandsaviors.com/thedigest/award/rafto-prize

For any inquiries, please contact Project Coordinator Liv Unni Stuhaug: livunni.stuhaug@rafto.no

Read more about this year’s Rafto Prize Laureate here.

 

Preview of Human Rights Defenders stuff at the upcoming Human Rights Council starting 15 June

June 12, 2015

The UN Human Rights Council will hold its 29th regular session at the United Nations in Geneva from 15 June to 3 July. Courtesy of the International Service for Human Rights, here is my selection of what is directly relevant to Human Rights Defenders: ISHR-logo-colour-high

– During the session, Norway, along with other States, will deliver a statement calling on all States to ensure that human rights defenders are able to carry out their vital work free from arbitrary detention and other restrictions. Read the rest of this entry »

How on-line platforms could be used for good and bad: Colin Crowell in Oslo

June 2, 2015

At the 2015 Oslo Freedom Forum on 26 May there was a clarifying talk by Twitter vice-president Colin Crowell about how online platforms, like Twitter, play a key role in connecting people and spreading ideas. Crowell describes how Twitter, which allows for anonymity through the use of pseudonyms, encourages freedom of expression. He cautions that governments also try to limit this expression and control the flow of information by requesting that certain tweets be removed – or even by blocking Twitter completely. Crowell highlights how Twitter has been used to start various online social movements, citing several successful case studies from around the world.

Joint Inspection Unit on human rights: not so innocent as it sounds

April 7, 2015

In a long but excellent post in Universal Rights of 23 March 2015, Subhas Gujadhur and Marc Limon dissect the issue of the Joint Inspection Unit‘s [JIU] report at the 28th session of the UN Human Rights Council (2 – 27 March) under the title: “The JIU report: what’s all the fuss about?”.

The background in short is that for years a number of countries – not by coincidence those that do not like the sometimes rather forthright pronouncements by the Office of the UN High Commissioner for Human Rights -have tried to get more ‘control’ over its management and resources. They are in fact using the ‘backdoor’ of the UN inspection unit to get there.

This is a very important issue but one that is too much cloaked in UN jargon to make it to mainstream media. In the words of the authors:  “Casual observers of the Human Rights Council may have been forgiven.. for a degree of bafflement at repeated and sometimes quite excitable references to a three letter acronym: JIU.

So let me quote liberally from the post in question:

The report on the ‘review of management and administration’ of the OHCHR [JIU/REP/2014/7] was produced by the JIU in response to a request by the Human Rights Council in March 2013 (resolution 22/2) and the report’s author, Mr. Gopinathan Achamkulangare, hoped to be able to present is to the Council at is 28th session.

This may all seem innocuous enough. However, resolution 22/2 and the JIU report touch upon fundamental and extremely sensitive questions about the role, prerogatives and independence of OHCHR, and its relationship with the member states of the Council; and are part of a long-running struggle between two groups of states with very different views on what OHCHR is, what it is there to do, and how it’s work should be overseen.

Council resolution 22/2 (adopted by a vote, with developed countries against and developing countries in favour) requested the JIU to ‘undertake a comprehensive follow up review of the management and administration of the Office of the High Commissioner for Human Rights (OHCHR), in particular with regard to its impact on the recruitment policies and composition of the staff.’ This resolution, like many previous ones with the same title, was pushed by Cuba and others in the belief that the staffing policies of the OHCHR favoured individuals from some regions (notably the West) over others.

In Cuba’s view, OHCHR had continuously failed to improve regional balance among its staff and thus, in order to strengthen accountability; it was asked to report and explain itself to the Council.

However, to others – especially Western states – asking the OHCHR to report to the Council on an administrative issue represented a worrying step towards making this supposedly independent entity answerable – and thus under the political oversight of – states sitting in the UN’s apex human rights intergovernmental body.

Similar differences of opinion have arisen, since the Council’s establishment in 2006, with regard to the financial resources of the OHCHR. Cuba and other developing countries have regularly expressed concern about where the Office’s money comes from (the UN’s regular budget or voluntary contributions from certain states), and how it is used and allocated (e.g. to certain field operations, to certain Special Procedures mandates). These concerns led Cuba and others to circulate a resolution in 2011, calling for greater financial transparency – though this was subsequently replaced by a Presidential Statement merely inviting the High Commissioner to provide more information on funding.

Central to the concerns of Cuba and others on both issues is a suspicion that the high proportion of individuals from Western states working at the Office (including at senior levels) together with Western financial support (especially where that support is ‘earmarked’ for certain purposes), gives the West undue influence over the OHCHR.

For its part, Western states, together with a number of states from other regions, suspect that Cuba and other leading countries of the Like Minded Group are intent on undermining the independence of the Office and bringing it under the political control of the Council (and thereby seeking to stop OHCHR criticism of states’ human rights records).

It should also be noted that the main author of the report is Mr. Gopinathan Achamkulangare, a former Ambassador of India to the Human Rights Council, who took position in the debates favoring the prerogatives of the Council over the OHCHR.

The report (more detail in the post itself) makes six recommendations:

  1. The GA should initiate an action-oriented review of the governance arrangements of the OHCHR through an open-ended working group/ad hoc committee […] so as to strengthen the capacity of member states to provide strategic guidance and to direct and monitor the work of OHCHR.
  2. The High Commissioner should update the existing action plan with specific measures, targets and timetables to broaden the geographical diversity of the professional workforce.
  3. The High Commissioner should develop a comprehensive strategy and related action plan to adapt specific circumstances and requirements of OHCHR’s human resource management strategy and policies.
  4. The Secretary General should, in the context of the Human Rights Up Front initiative, review the mandates of the different UN entities with human rights functions with a view of streamlining their work and mainstreaming human rights across the UN system.

The controversy even led to uncertainty that Mr. Gopinathan Achamkulangare would be allowed to present the report with some states (correctly, based on a legal analysis of relevant UN documents) arguing that discussing the management and administration of OHCHR is not part of the Council’s mandate as per GA resolution 60/251. In the end, the President of the Council and the Bureau announced that, as a courtesy, the JIU inspector would be allowed to present his report, but there would be no interactive debate with states.

By the time of the report’s presentation on 13th March, the Secretary-General had provided his comments on its findings and recommendations.[Note by the Secretary-General, A/70/68/Add.1] as follows:

  • The Secretary-General in effect rejected recommendation 1, arguing that ‘existing governance arrangements strike an appropriate balance between independence and accountability.’ The Secretary-General noted GA resolution 48/141 (1993) creating the post of High Commissioner, which decided that the High Commissioner would be appointed by the Secretary-General (i.e. is part of the secretariat). He also rejected the notion (used to support the view that while the High Commissioner is independent, the OHCHR is not and should operate under the political oversight of the Council) that the High Commissioner and OHCHR ‘have separate mandates and perform separate functions.’
  • Regarding recommendation 4, the Secretary-General noted that geographical diversity is a priority for the entire secretariat.
  • The Secretary-General also rejected recommendation 5 which called for the UN secretariat’s human resource management strategy to be ‘adapted to the specific circumstances and requirements of OHCHR’, on the grounds that ‘OHCHR is part of the Secretariat…and its staff members are subject to the same regulations, rules and policies as other departments.’
  • Finally, the Secretary-General welcomed recommendation 6 as a useful opportunity to strengthen the mainstreaming of human rights across the UN system.

There was some debate in which Western states, in line with the analysis of the Secretary-General, rejected key findings and recommendations in the report. For example, Norway noted that ‘existing governance arrangements strike an appropriate balance between independence and accountability,’ and underscored the importance of safeguarding the independence of the High Commissioner.

Countering this view, Pakistan on behalf of Like-Minded Group (LMG) states, expressed support for the JIU conclusions and recommendations, noting that oversight by a relevant intergovernmental body would contribute to ‘enhanced efficiency and effectiveness of the Office activities.’ LMG states therefore called for a clarification ‘of the respective roles of the different intergovernmental bodies with a view to streamlining the governance dynamics of OHCHR’ (i.e. in line with the JIU’s recommendations).

The post by Subhas Gujadhur and Marc Limon provides detailed and interesting background to the issue of imbalance in staffing and funding and rightly states that it “doesn’t take an international lawyer to understand that all these utterances are packed with possible political meanings, some subtle some less so, and have enormous potential implications for the functioning of the UN human rights system”.

——–

In this context, on 23 March a group of leading human rights NGOs (delivered by HRW, and supported by ISHRCivicusFIDHFORUM ASIAOMCT and EIPR), called in a statement to the Human Rights Council to resist Cuban-led attempts to micromanage and fetter the independence of the UN’s top human rights official.

The statement said that among its contradictory recommendations, the report proposes a mechanism to enable States to ‘direct and monitor’ the work of the High Commissioner and highlighted that creation of High Commissioner for Human Rights was one of the landmark achievements of the Vienna Declaration adopted by all States in 1994. For more than 20 years, successive High Commissioners have provided a strong and independent voice, committed to promoting and protecting human rights around the world, the statement said.

Today, that independence is under threat. The draft resolution, inaccurately titled “Composition of staff of the Office of the UN High Commissioner for Human Rights” seeks to affirm and encourage follow-up to the report of the Joint Inspection Unit (JIU), which reviews the “Management and Administration” said John Fisher of HRW delivering the statement.

The independence of the High Commissioner for Human Rights and his office is axiomatic to his effectiveness. The High Commissioner must be free to speak without fear and without favour, unconstrained by the political agenda of any State or group of States,’ said ISHR’s Michael Ineichen. ‘This report must not be permitted to be used as a subterfuge to constrain the High Commissioner and his office at a time when both their monitoring and reporting, and their advice and technical assistance, are needed perhaps more than ever before.’

See the full statement here.

 http://www.universal-rights.org/blogs/128-the-jiu-report-what-s-all-the-fuss-about

Human Rights Council: Reject attempts to limit Office of the High Commissioner | ISHR.

Over 1000 muslims formed ring of peace around a synagogue in Oslo

February 23, 2015

From the blog “News You May Have Missed” I picked up this interesting news item showing how each person can be a human rights defender when they want to:

Photo from Muslim Public Affairs Council's Facebook pagePhoto from Muslim Public Affairs Council’s Facebook page

More than 1000 Muslims formed a human shield around a synagogue in Oslo, Norway on February 21  in response to the attack on a synagogue in Denmark last weekend.  Chanting “No to anti-Semitism, no to Islamophobia,” an estimated 1200-1400 Norwegian Muslims formed a “ring of peace” around the synagogue, offering symbolic protection for the city’s Jewish community.  See video coverage on the NRK website here.  One of the speakers in the video is 17-year-old Hajrah Asrhad, one of the event’s organizers.

News You May Have Missed (15-21 February 2015) – The Human Rights Warrior.