Posts Tagged ‘Office of the United Nations High Commissioner for Human Rights’

United Nations declares again that mass surveillance threatens the right to privacy.

November 27, 2014

Several newspapers have reported on this matter but perhaps not many  in the US (see at the end). In an excellent blog post on 26 November 2014 Peter Micek and Javier Pallero give the background to this UN Declaration, for the second straight year, which states that government communications surveillance poses a threat to the right to privacy. I quote liberally from it:

Passed unanimously on Tuesday by the Third Committee, the resolution on “The right to privacy in the digital age” this time also calls for a permanent ‘office’ on the right to privacy. For that to happen, the Human Rights Council in Geneva will have to take action in March 2015 by creating a new “special rapporteur” on the right to privacy.

Background

In response to mass surveillance revelations in 2013, including news that their political leaders had been spied on, Brazil and Germany co-authored a unanimous resolution in the General Assembly. The resolution called for a report by the then High Commissioner for Human Rights, Navi Pillay, who came with a scathing critique in July 2014 that cited the need for immediate reform of surveillance laws and practices in line with international human rights norms. The report’s finding that mass surveillance inherently violates human rights spoke directly to the “five eyes” countries – the US, Canada, the UK, New Zealand, and Australia – who are responsible for weakening technical standards, collecting untold reams of data, and thwarting public debate over their practices.

Brazil and Germany again teamed up to lead this year’s effort, gathering more than 60 cosponsors. The resolution finds that surveillance must be “consistent with international human rights obligations and must be conducted on the basis of a legal framework, which must be publicly accessible, clear, precise, comprehensive and non-discriminatory.” It smartly calls for greater access to remedy for victims — a too-often ignored pillar of rights frameworks — and for increased attention to the role of private companies in government surveillance. In oral statements, the US and its allies in the “Five Eyes” drew attention to the resolution’s acknowledgment of “threats and harassment” that human rights defenders face along with privacy violations. And the resolution invites the Human Rights Council to “consider the possibility of establishing a special procedure” regarding the promotion and protection of the right to privacy.

Shortcomings

  • The resolution does not specifically call for governments to extend protections to users abroad.  Although expressing concern is important, governments must do much more to provide an effective solution to cross-border violations.
  • The resolutions language on restrictions is unnecessarily general (“non-arbitrary and lawful”) but it could have used findings by multiple courts and international experts more precisely defining how privacy rights should be handled – that surveillance and other privacy restrictions should only be prescribed by law, necessary to achieve a legitimate aim, and proportionate to the aim pursued. These concepts are further articulated in the International Principles on the Application of Human Rights to Communications Surveillance, which High Commissioner Pillay said in her report can be considered interpretive guidance of Article 17 of the ICCPR that establishes the right to privacy.
  • While the resolution notes that metadata can, when aggregated, “reveal personal information and can give an insight into an individual’s behaviour, social relationships, private preferences and identity,” it stops short of calling for an end to bulk metadata collection by governments, which the Human Rights Council has an opportunity to push for in March.

Summarizing, the authors of the post think that this resolution is a step in the right direction and “Access” will continue working to ensure the Council follows through on the General Assembly’s suggestion, and creates the Special Rapporteur.

https://www.accessnow.org/blog/2014/11/26/new-un-resolution-shifts-momentum-on-privacy-to-human-rights-council

In a related piece in ‘The Local’ one can read how Germany – at the heart of moves to limit the power of US web companies and their involvement in surveillance – is pressured by American companies and politicians.

 

http://www.thelocal.de/20141126/germany-denies-accusations-of-google-bashing

Hunger Games 3-finger sign not welcome in Thailand

November 22, 2014
(Police stand inside the theatre in Bangkok where two student activists were arrested in connection with the showing of ‘The Hunger Games: Mockingjay – Photo by Pattarachai Prechapanich)

If there was any evidence needed that symbols from films travel fast, the Bangkok Post reports that on Thursday 20 November three students outside two Bangkok theatres. They were released without charges, but in the meantime the discussion had already started. On Friday Prime Minister Prayut Chan-o-cha of Thailand said he felt unthreatened by The Hunger Games’ three-fingered protest against totalitarian rule, but nonetheless warned people against using it. “I don’t know whether it is illegal or not but it could jeopardise their futures,” Gen Prayut told reporters at Government House. “I appreciate their courage but they should use their courage in the right ways”.

His comments came as the UN Office of the High Commissioner for Human Rights (OHCHR) in Southeast Asia criticised the authorities for a recent spate of instances in which people were led away for questioning after making the salute that has become a symbol of defiance for anti-coup protesters. The United Nations on Friday criticised the country’s military leaders for arresting students flashing the signature protest gesture from The Hunger Games while the film’s makers said they are concerned for the young activists. Director of  The Hunger Games, Francis Lawrence, felt honoured that the film has become an inspiration but added: “My goal is not for kids to be out there doing things that are getting them arrested,” (in a Friday interview with Buzzfeed). “”In a sense, part of it is an honour that there (are) ideas in the movies that we’re making that (have) become so important to people that they are willing to risk something and use that symbol,” he continued. “But it’s so scary.”

I didn’t want to punish [the students] so they were merely reprimanded, released and told not to do it again because it’s of no benefit to anyone,” Gen Prayut told reporters. The general also denied any role in Apex’s decision to pull the film from its Scala and Lido theatres.

Three-finger fallout continues | Bangkok Post: news.

NGOs urge Sri Lanka to stop intimidating human rights defenders

August 27, 2014
Sri Lankan flag

(Sri Lankan flag)

A joint letter by 6 international NGOs (International committee of Jurists, Amnesty International, Asia Forum for Human Rights and Development, CIVICUS, the International Movement Against Discrimination and All Forms of Racism, and the International Service for Human Rights) to the UN Human Rights Council and the Sri Lankan government cites a number of recent incidents in which human rights defenders in the country were intimidated. Sri Lanka has vowed not to cooperate with the UN probe saying it infringed on the country’s sovereignty. Sri Lanka has rejected a UNHRC resolution in March that called for an international investigation into allegations that 40,000 civilians were killed in the final months of the civil war that ended in 2009.

The government spokesman and media minister, Keheliya Rambukwella, has reportedly threatened all those who intend to provide information to the UN investigation and promised to “take appropriate action based on the evidence the detractors give“. “We stress that threats, harassment, intimidation and reprisals against persons who engage with the UN are prohibited by international human rights law,” the letter said. “While we affirm the importance of exercising the right to free expression by journalists and others, we stress that the exercise of speech that serves to significantly risk inciting violence, hostility or discrimination against persons is unacceptable“.

via Rights groups ask Sri Lanka to stop intimidating them.

see my earlier: https://thoolen.wordpress.com/2014/03/17/sri-lanka-champion-retaliator-against-human-rights-defenders/

Winners of 2013 United Nations human rights prizes announced today

December 5, 2013

On 5 December 2013 the six winners announced of the UN Human Rights Prize were announced: Biram Dah Abeid of Mauritania, a son of freed slaves who works to eradicate the heinous practice; Hiljmnijeta Apuk of Kosovo, a campaigner for the rights of people with disproportional restricted growth short stature; Liisa Kauppinen of Finland, President emeritus of the World Federation of the Deaf; Khadija Ryadi, Former President of the Morocco Association for Human Rights; Mexico’s Supreme Court of Justice the Constitutional Court; and Malala Yousafzai, the Pakistani schoolgirl who was shot by the Taliban for attending classes and is now a renowned education activist. The award ceremony will take place at UN Headquarters in New York on 10 December 2013, as part of the annual commemoration of Human Rights Day [The Prize, which is bestowed every five years, is an honorary award given to individuals and organizations in recognition of outstanding achievement in human rights.]

via United Nations News Centre – Pakistani activist Malala Yousafzai among winners of 2013 UN human rights prize.

Taking stock, Pillay delivers ‘mixed report’ on human rights worldwide, singling out reprisals against HRDs

December 3, 2013

On 2 December 2013 the United Nations High Commissioner for Human Rights delivered a “mixed report” on human rights progress around the world, with slow and steady advances in some areas alongside causes for alarm in others. “As we look around the world at the end of 2013, we see examples of situations where that readiness of the international community to act in time is already being sorely tested,” Navi Pillay said during a press conference in Geneva. In addition to Syria, where the scale and viciousness of the abuses being perpetuated by elements on both sides almost defies belief, the situation in the Central African Republic is deteriorating rapidly, and the alarm bells are ringing loud and clear. “Elsewhere, there is much turbulence,” Ms. Pillay said, highlighting the “serious politically-driven instability” in Bangladesh which is claiming a lot of lives in the run up to the election, the “heavy-handed attempts” by successive administrations in Egypt to quell people’s right to peaceful protests. Meanwhile, reprisals against civil society organizations, individual human rights defenders and journalists working on rights issues are “extremely worrying” in a number of countries, she said. The High Commissioner also drew attention to the situation of migrants, who continue to be treated as second-class citizens in many countries, as well as the continuing political exploitation of xenophobia and racism in Europe and other industrialized areas. “Amidst all this, there is nevertheless progress, sometimes taking place slowly and steadily out of the limelight, sometimes the subject of major policy shifts – including a number of reforms announced over the past two weeks by the Government of China,” Ms. Pillay stated. This year marks the 20th anniversary of the creation of the Office of the High Commissioner for Human Rights, and she noted that overall, the UN human rights system is a great deal stronger than it was two decades ago. “The UN human rights institutions, however well they function, are not enough by themselves,” she added.“The rest of the United Nations – individual Member States, powerful bodies such as the Security Council and the General Assembly, and all the UN’s myriad agencies, funds and programme – need to pull their weight in the common cause of improving human rights for everyone everywhere, in accordance with the UN Charter.

via United Nations News Centre – Taking stock, UN official delivers ‘mixed report’ on human rights progress worldwide.

 

Pillay criticizes new anti-demonstration law in Egypt and …Mona Seif is arrested

November 27, 2013

(High Commissioner for Human Rights Navi Pillay. UN Photo/Sarah Fretwell)

 

The UN High Commissioner for Human Rights, Navi Pillay, had hardly pronounced herself on the new ‘demonstrations law’ in Egypt, issued on Sunday, and a number of high-profile demonstrators was arrested. Yesterday Mona Seif, the MEA Nominee of 2013, and a group of other human rights defenders were arrested when they were protesting in-front of the Shura Council against the suggested constitutional article that guarantees the continues referral of civilians to military trials. Observers believe that the authorities want to send a message in the context of the new law referred to above. Read the rest of this entry »

UN now asks for calm debate on Zwarte Piet (Black Pete) in Dutch Sinterklaas tradition

November 22, 2013

Not the last word on the Black Pete issue but a step in the right direction, that is how I would qualify the report of the UN [Working Group of Experts on People of African Descent, WGPAD] who looked into Zwarte Piet. On Tuesday 19 November it called on the Dutch Government to take the lead in the ongoing debate about whether it is time the tradition undergo a change. The experts said that facilitation by Government of the debate would serve to promote understanding, mutual respect and intercultural dialogue. “In the meantime we ask for calm and an end to the abuse directed at opponents of the tradition in the Netherlands and the UN Experts”.

Verene Shepherd (Jamaica Observer photo)This is a lot more realistic than the rather sudden and uninformed demand by Group Chairperson Verene Shepherd who –in anticipation of the final report– told newspapers that her own opinion was that “Zwarte Piet should be abolished” which then created a strong popular backlash against any changes. The experts now explain in the statement that their task had not been an ‘investigation,’ nor was there any intention to reach a judgment [SIC]. They pointed out that the Zwarte Piet tradition has evolved and continues to evolve, saying: “Cultures and traditions are not static – they change in response to evolving contexts and in the light of understanding of how dignity and all human rights can be enjoyed by all.” They added though that it is clear that many people, especially people of African descent living in the Netherlands, consider that aspects of it are rooted in unacceptable, colonial attitudes that they find racist and offensive.

They said it is for the people of the Netherlands to discuss and decide how elements that offend might be modified. “Zwarte Piet is interpreted in different ways, but critical questions are how to treat the concerns of those who feel offended, and those who are unhappy about changing a long-held tradition for children? How do we respect the views of all those living in multicultural societies?” The experts recommended Government facilitate an “open, inclusive, non-confrontational and respectful” debate on the issue. This is a lot closer to what I advocated in this blog. Let’s continue next year.

[The statement by the experts comes just days after the Second Chamber almost unanimously 9135 of 150 MPS) voted against a motion that aimed to forbid giving Zwarte Piet a different color than black. Exactly one of the future modifications I had suggested – see link below. The motion was brought by the extreme nationalist PVV party which felt that the calls for a Piet with different colors were a “blatant assault” on Dutch heritage and tradition.]

via Panel: Calm debate on Zwarte Piet needed – NL Times.

Related articles

Read the rest of this entry »

UN High Commissioner for Human Rights publishes series of handy one-pagers

November 7, 2013

Today the OHCHR announces a series of one-pagers (two-sided!) that provide concise and practical information on complex human rights issues:

Core human rights in the two Covenants

Death penalty

Free, prior and informed consent of indigenous peoples

Gender-related killings of women and girls

Maternal mortality and morbidity and human rights

National action plans against racial discrimination

Participation of minorities in policing

Trafficking in persons

Transitional justice

Xenophobia.

Belarusian human rights defenders urge UN to establish office in Minsk and be firm on the question of Bialiatski

October 29, 2013

The Office of the UN High Commissioner for Human Rights (OHCHR) should estabelarusian human rights forumblish a mission in Belarus, the delegates to the Third Belarusian Human Rights Forum, which took place in Vilnius on Saturday and Sunday, say in a statement on 27 October. The delegates also urge the Organization for Security and Cooperation in Europe (OSCE) to take measures to encourage Belarusian authorities to respect human rights. It is necessary for the OSCE Parliamentary Assembly to preserve its Ad Hoc Working Group on Belarus and for all OSCE institutions and bodies, including the Office for Democratic Institutions and Human Rights, to step up cooperation with Belarus’ civil society. The delegates condemn violations of human rights by Belarusian authorities and urge them to abide by international commitments and implement recommendations within the framework of the UN Universal Periodic Review. Authorities should invite all UN special rapporteurs to visit Belarus, above all, the UN Human Rights Council’s special rapporteur on Belarus.

Natallia Pinchuk: No concessions to regime

At the same meeting, Ales Bialiatski‘s wife called on the West to be consistent in relation to Belarus. Natallia Pinchuk calls not to close the question of rehabilitation, not to reduce pressure on the Belarusian authorities and not to make concessions until all political prisoners are released, Radio Svaboda reports. “Some human rights defenders began to propose in their articles and speeches to lift demands for the full rehabilitation of political prisoners. They say the regime will never agree on it. But I think we must be consistent first of all. If we began to demand the rehabilitation, we must keep to this position. Secondly, people’s rights remain restricted without rehabilitation. They have only half-freedom,” she said. “We, relatives of the political prisoners, expect firmness and applying all instruments from the European Union and the US. It’s very important that the US and Europe have a concerted approach,” she said. Natallia Pinchuk is sure that her husband, who serves his term in a correctional colony shares her opinion.

via Belarusian human rights defenders urge UN High Commissioner for Human Rights to establish office in Minsk | Belarus: civil society under attack | Freeales.fidh.net and

http://www.charter97.org/en/news/2013/10/28/78577/

At UN, Saudi Arabia receives praise for Protecting “Women’s Rights”!

October 23, 2013

Although extreme right-wing media and NGOs who are basically against the UN should not be given more airing than they deserve, one has to admit that the UN makes it sometimes very easy for them to portray it as out of touch with reality. The following excerpt from FrontPage Magazine shows why:

Today’s United Nations punchline has been brought to you by billions of your tax dollars. It’s your money. You deserve a good laugh. As the UN Human Rights Council [the UPR] scrutinized Saudi Arabia’s domestic rights record this morning… out of 95 countries who took the floor, 82 praised Saudi Arabia. Hillel Neuer, executive director of the Geneva-based human rights group UN Watch, said the country is poised to win a seat on the Human Rights Council. “A country whose legal system routinely lashes women rape victims rather than punish the perpetrators should not have been praised effusively by members of the UN’s top human rights body,” said Neuer. “Instead the world should have addressed the Saudi regime’s use of cruel, inhuman and degrading punishments, such as flogging, amputations and eye-gouging.” But look at who lined up to praise Saudi human rights.

Afghanistan: “We commend Saudia Arabia as they continue to enhance the protection and promotion of human rights…”

Palestine: “We take notice of Saudi Arabia’s efforts to protect and promote human rights…”

Somalia: “Saudi Arabia maintains a high priority for protection and promotion of human rights…”

Libya: “Saudi Arabia continues to strengthen human rights and promote them and this deserves our appreciation…”

Mauritania: “We commend Saudi Arabia for always seeking to strengthen human rights…We commend Saudi Arabia in terms of the progress on guaranteeing fundamental rights and freedoms, socioeconomic progress, participation of women at all levels and participation in society.

China: “We appreciate efforts made to protect the rights of children and to have dialogues of religious tolerance…”

Pakistan: commended “laudable steps taken by Saudi Arabia to promote and protect the rights of children and women…

The procedure of the Universal Periodic Review (UPR) has indeed in-built idiocies like these. On the other hand there is also criticism possible (which was not reported here, of course, see Voice of America link below), while big countries like China, Russia, India and the US, who are otherwise not often subject of public discussion in the UN human rights proceedings, now  get their turn as shown in the reports on the current consideration of China in the UPR.

via At UN, Pakistan Praises Saudi Arabia for Protecting “Women’s Rights” | FrontPage Magazine.