Posts Tagged ‘politics’

Defending Whistleblowers as human rights defenders (Nigeria)

October 7, 2024

On 29 September 2024, Danlami Nmodu:

..A one-day conference was organized by African Centre for Media and Information Literacy (AFRICMIL), in collaboration with Amnesty International Nigeria, to explore the nexus between whistleblowing, corruption and human rights, and in doing so highlight the essence of whistleblowing as a conveyor belt of free speech and an affirmation of individual human dignity and moral worth that requires full protection from the state or other legitimate institutions.

Its theme, ‘Amplifying Whistleblowing to reduce Corruption and protect Human Rights,’ was painstakingly decided to assert the value of whistleblowers in exposing or preventing wrongdoing, and the necessity of standing up for them for largely playing the delicate role of human rights defenders who are in most cases victimized for performing what is clearly the citizenship duty of protecting the well-being of other citizens and the wider society.

Indeed, that whistleblowing is a fundamental human right is neither theoretical nor speculative. All applicable statutes from the domestic to the international are clear on this. And Maxwell Kadiri, senior legal officer at Open Society Justice Initiative (OSJI) and human rights advocate who was the keynote speaker, made the point succinctly in his refreshingly scholarly address by delving into the origin of whistleblowing and laying out all the laws proclaiming it as a human right that deserves protection.

However, worthy of note is that in exercising the right to hold opinion and express themselves by disclosing public interest illegalities or potential danger to competent authorities, whistleblowers are also helping – directly or indirectly – to protect the right being harmed by the wrongdoing they disclose. It isn’t for nothing, therefore, that some of the most prominent whistleblowing cases globally can be traced to whistleblowers who have reported wrongdoing that amounted to human rights abuse.
Just one example of such is Dr. Li Wenliang, the 34-year-old Chinese ophthalmologist who was the first to blow the whistle on the covid-19 virus and other issues related to the right to life and access to healthcare. And there are many more unsung heroes like Wenliang whose disclosures have uncovered corruption and its collateral human rights violations. Whistleblowers have largely served as human rights defenders when they expose threats to human rights that the public are not able to access.

In Nigeria, they have continued to be victims of relentless persecution simply for doing the right thing: exposing wrongdoing which serves public interest. This is one of the major reasons for the whistleblowing, corruption and human rights conference. Institutions and individuals perpetrating wrongdoing often find it difficult to admit their mistake. Instead of tackling the message, they shoot down the messenger. Not a day passes without a report of public sector workers at the federal and sub-national levels being censored or penalized for challenging authorities by reporting fraud, corruption, misconduct and other illegalities.
Although section 6 of Nigeria’s whistleblowing policy provides protection for whistleblowers on the receiving end of punishment for reporting wrongdoing, no whistleblower is known to have enjoyed any protection under this provision. This is because the oversight institutions are so weak that they are not able to assert themselves to implement this provision effectively. Rather than ensure honest implementation of the policy, these institutions are often found doing the bidding of the persons reported, not able to summon the courage to hold them to account for their wrongdoing and would perpetually ignore complaints of victimized whistleblowers.

At the conference, there were at least four whistleblowers with different stomach-churning tales of workplace oppression ranging from suspension, harassment, denial of salary and other benefits, punitive posting, abusive lawsuits, outright dismissal, and threat to life. At the risk of seeming immodest, it has to be stated that AFRICMIL is overwhelmed with demands for support from whistleblowers in this category.
In the face of these varied attacks, it is no surprise that citizens are showing next to no interest in engaging whistleblowing despite its famed rating as an extension of the right of freedom of expression that is linked to the principles of accountability and integrity. To prevent an individual from exercising this right is much more than a denial of fundamental human right; it is a violation of humanity….

Whistleblowing is about promoting the culture of truth, self-expression and democracy. Dr. Chido Onumah, coordinator of AFRICMIL and his counterpart at the Amnesty International Nigeria, Isa Sanusi, have agreed as much and stated their resolve to work together to preserve the freedom of expression rights of citizens as it relates to whistleblowing.

Václav Havel Human Rights Prize 2024 to Venezuelan rights defender María Corina Machado.

October 1, 2024
2024 Václav Havel Prize awarded to Venezuelan political figure and rights defender María Corina Machado

The twelfth Václav Havel Human Rights Prize has been awarded to leading Venezuelan political figure and rights defender María Corina Machado.

See https://www.trueheroesfilms.org/thedigest/awards/7A8B4A4A-0521-AA58-2BF0-DD1B71A25C8D

Ms Machado is a co-founder and former leader of Venezuelan vote-monitoring and citizens’ rights group Súmate, a former member of Venezuela’s National Assembly and currently the National Co-ordinator of the Vente Venezuela political movement. Barred from running in Venezuela’s recent Presidential election, she went into hiding in August 2024, declaring that she feared for her life, her freedom, and that of her fellow citizens.

Opening the award ceremony, PACE President Theodoros Rousopoulos pointed out that today, 6 of the 11 previous winners of the Havel Prize are in prison, and urged their immediate release. “These individuals committed only one ‘crime’ – they simply wanted to make their voices heard, to share their vision of a just and free society.”

Making the award to Ms Corina Machado’s daughter Ana, the President underlined that the Council of Europe “stands alongside those who risk their lives to make our societies more democratic and just”.

Ms Corina Machado herself, addressing the Assembly remotely from Venezuela, said she was “deeply moved, honoured and grateful” to be the first Latin American to win the distinction. “I want to dedicate this recognition to the millions of Venezuelans who, every day, embody Havel’s values and ideas – some without even realising it.” Her movement had demonstrated “the victory of democrats over dictatorship” in Venezuela’s recent elections, she said, declaring: “Today our struggle continues, because the truth persists until it prevails.”

The two other shortlisted nominees were Azerbaijani human rights defender and activist Akif Gurbanov, who is currently in pre-trial detention in Baku, and Georgian feminist activist and human rights lawyer Babutsa Pataraia, who was present at the ceremony.

As part of the ceremony, the Assembly was also addressed by Russian opposition leader Vladimir Kara-Murza, who was being held in detention in Russia when he was awarded the Havel Prize in 2022. He was released in August of this year as part of a prisoner exchange.


https://www.coe.int/en/web/portal/-/2024-v%C3%A1clav-havel-prize-awarded-to-venezuelan-political-figure-and-rights-defender-mar%C3%ADa-corina-machado

https://www.dw.com/en/venezuela-opposition-figure-wins-top-european-rights-prize/a-70363263

Volker Türk: Environmental human rights defenders are champions for our future

September 30, 2024

Volker Türk, United Nations High Commissioner for Human Rights

Global CITIZENS FESTIVAL 2024

New York

Friends, New Yorkers, global citizens.

Human rights defenders are champions for our future – shining a light on repression, on injustice and on solutions to humanity’s greatest challenges.

In return, they are often smeared, intimidated, imprisoned, and worse.

According to data gathered by my Office, last year, 320 human rights defenders, journalists and trade unionists in 40 countries were killed. Many of them while protecting nature and the environment.

Across the globe, environmental human rights defenders are leading efforts to tackle a climate crisis that is growing ever more ferocious, more terrifying, and more present.

They are standing up for the marginalized, for the natural world, and for the planet.

For the human right to a clean, healthy and sustainable environment.

They deserve our gratitude and our protection.

My office is proud to support the Leaders Network for Environmental Activists and Defenders (LEAD), a new initiative focused on meaningful and safe participation of defenders in climate and environmental discussions.

But they need your support too. So I urge you to join my office.

Take action to protect civic space and help us to build a more sustainable and more equal future. 

https://www.ohchr.org/en/statements-and-speeches/2024/09/environmental-human-rights-defenders-are-champions-our-future-turk

MEP Sophie Wilmès to ‘defend fundamental values’ as EP vice-president

September 26, 2024
MEP Sophie Wilmès to 'defend fundamental values' as EP vice-president

MR’s Sophie Wilmès (Renew). Credit: Belga/Benoit Doppagne

Human rights, democracy and the rule of law are at the heart of the powers that were delegated to Belgian Vice-President of the European Parliament Sophie Wilmès (Renew), President Roberta Metsola announced during the September plenary session in Strasbourg.

Metsola announced the powers delegated to the different vice-presidents for their two-and-a-half-year mandate. For Belgium’s Wilmès, there was a strong emphasis on human rights, democracy and the rule of law.

Defending our fundamental values is a priority for me. With the democratic model clearly under threat around the world and under attack from all sides in Europe by those who indulge in authoritarian adventures, we democrats must show ourselves combative,” she said. “We are talking about the great inviolable principles that are part of our identity as Europeans. That is non-negotiable.

In practice, Wilmès’ powers will take form in her work within the Democracy Support and Elections Coordination Group, which focuses on election observation and supporting parliaments to strengthen democracy and the rule of law in third countries, especially candidate countries.

She will also develop mediation initiatives to promote a culture of dialogue and support proponents of democratic change and human rights defenders. Additionally, she will represent the European Parliament at the United Nations, where it remains important to raise these issues.

https://www.brusselstimes.com/eu-affairs/1233699/mep-sophie-wilmes-to-defend-fundamental-values-as-ep-vice-president

CAFOD calls for justice as another environmental defender is killed in Honduras

September 26, 2024

Juan Lopes - Screenshot

Juan Lopes

Catholic aid agency CAFOD has called for justice, after the murder of a prominent environmentalist that CAFOD supported.

Following the news of the murder of Juan Lopez – anti-mining, environmentalist, community leader and Municipal Councillor of Tocoa, northern Honduras – who was shot dead by several men as he headed home in his car from church, Paz Redondo, CAFOD’s Country Representative for Central America said: “The assassination of Juan Lopez clearly shows once again the complicity between the authorities, international companies, and organised crime in Tocoa, and the inability of the government to protect environmental and human rights defenders in the emblematic case of the Guapinol river – despite the fact that precautionary measures had been ordered by the Interamerican Court of Human Rights – IACHR.

Juan Lopez denounced the corruption within local and central governments in Honduras during a public press conference just before he was killed.

Paz Redondo continues: “Justice needs to be more than words for the state of Honduras, a state that shows once again its fragility and inability to combat corruption within its ranks, as it continues to serve the interests of extractives and organised crime. Juan publicly denounced this corruption within local and central governments and was killed days after his and his fellow activists’ latest public press conference.”

For over a decade, the communities of Guapinol, San Pedro and other areas in the vicinity of Tocoa have been denouncing the illegal granting of mining concessions in the “Carlos Escaleras National Park” in Honduras. Their advocacy efforts were fruitful in February, when the Honduran government approved Decree 18-2024 to protect the core zone of the national park, a key achievement to safeguard the environment against mining and energy projects in the area.

The murder of Juan Lopez is not the first killing in the Guapinol case. Over 160 community members in Tocoa have been killed protecting their land and natural resources since 2010 (Amnesty, 2024). In 2023, three community leaders were killed in what the community saw as retaliation, following the release of defenders who had been criminalised. Later in the year, in October 2023, 30 members of the Municipal Committee for the Defense of Common and Public Goods of Tocoa and of the Bufete Justicia para los Pueblos, were granted precautionary measures by the Human Rights Interamerican Court (IACHR).

Juan Lopez was killed despite precautionary measures which were ordered by the IACHR last October. The community of Tocoa believes his death could have been prevented if the Honduran authorities had implemented the precautionary measures granted to Juan Lopez. CAFOD, alongside ERIC has accompanied the Guapinol community in their fight to protect the land and natural resources essential for their survival, and we will continue supporting them as they defend their environmental rights.

https://www.frontlinedefenders.org/en/case/killing-human-rights-and-environmental-defender-juan-lopez

UN experts call for justice for Tunisian human rights defender Sihem Bensedrine

August 12, 2024

UN experts called on the Tunisian authorities to respect the right to judicial guarantees and judicial protection of Sihem Bensedrine, who was arrested on 1 August 2024.

“In a context marked by the suppression of numerous dissenting voices, the arrest of Ms Bensedrine raises serious concerns about the respect of the right to freedom of opinion and expression in Tunisia and has a chilling effect on journalists, human rights defenders and civil society in general,” the experts said.

https://www.trueheroesfilms.org/thedigest/laureates/5A2E5622-80B0-425E-A2AE-2703983126B4

Bensedrine is the former President of the Truth and Dignity Commission (TVD) which documented the crimes committed under previous regimes, and a journalist who has long denounced human rights violations in the country.

Since 2021, she has been involved in a judicial investigation into the alleged falsification of a chapter in the TVD´s final report regarding corruption in the banking system. The independent human rights experts have already held discussions with the Tunisian government concerning this investigation.

“This arrest could amount to judicial harassment of Ms Bensedrine for work she has undertaken as President of the Truth and Dignity Commission,” the experts said. “It appears to be aimed at discrediting information contained in the Commission’s report, which could give rise to legal proceedings against alleged perpetrators of corruption under the previous regimes.”

The Special Rapporteurs urged Tunisia to uphold its obligation to protect members of commissions of enquiry into gross human rights violations from defamation and civil or criminal proceedings brought against them because of their work, or the content of their reports.

“We call for strict respect for Ms Bensedrine’s right to judicial guarantees, including the right to a fair trial by due process, impartiality and independence, and for an end to abusive proceedings and reprisals against her.”

The experts: Bernard Duhaime, Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence; Irene Khan, Special Rapporteur on freedom of opinion and expression; Mary Lawlor, Special Rapporteur on the situation of human rights defenders.

https://www.miragenews.com/un-experts-demand-justice-for-tunisian-rights-1292532/

https://www.ohchr.org/en/press-releases/2024/08/un-experts-call-justice-tunisian-human-rights-defender

https://www.hrw.org/news/2024/08/12/tunisia-hollows-out-its-media-landscape-ahead-elections

but then in February2025 comes the good news over releases:https://www.france24.com/en/live-news/20250219-tunisia-court-orders-release-of-top-rights-activist

United Arab Emirates convicts scores of defendants in a mass trial, sentencing 40 to life in prison

July 22, 2024

The Abu Dhabi Federal Court of Appeal in the United Arab Emirates (UAE) sentenced 43 individuals to life in prison in a mass trial on Wednesday 3 July 2024, according to the UAE’s state-run news agency, WAM. The trial, which has been criticized by human rights organizations for allegedly targeting dissidents, involved charges linked to the Muslim Brotherhood, a group designated as a terrorist organization by the UAE government. WAM reported the verdicts shortly after human rights advocates released statements announcing the sentences. Alongside the life sentences, five defendants received 15-year prison terms and another five were sentenced to 10 years. The court dismissed the cases of 24 defendants.

According to WAM, the court ruled that those convicted “have worked to create and replicate violent events in the country, similar to what has occurred in other Arab states—including protests and clashes between the security forces and protesting crowds—that led to deaths and injuries and to the destruction of facilities, as well as the consequent spread of panic and terror among people.”

While WAM did not identify those sentenced by name, and specific details regarding the trial are not clear, Joey Shea, a researcher focusing on the UAE for Human Rights Watch, noted a few prominent figures involved in the case to the Associated Press (AP).

On 10 July 2024, Human Rights First condemned the secret trial and sentencing of dozens of activists in the United Arab Emirates:

Washington’s ally has again today demonstrated its violent repression,” said Senior Advisor Brian Dooley. “The Biden administration has struck millions of dollars of arms deals with the UAE dictatorship, and failed to sanction its officials responsible for cracking down on peaceful dissent. The message from Washington to the UAE has been clear for many years: Do what you want, there will be no consequences.”

Among those reportedly sentenced to life in prison after a mass trial is prominent legal scholar Nasser bin Ghaith. He graduated with honors from Case Western Reserve University School of Law in Ohio with an LLM in U.S. and Global Legal Studies in 2001. Another of those in the mass sham trial — which included 84 defendants — was Ahmed Mansoor, who received his Bachelor’s Degree in Electrical, Computer, & Energy Engineering and his Master’s in Telecommunications for the University of Colorado, Boulder. Human Rights First is still waiting for confirmation on the outcome of his case in the trial. [see https://www.trueheroesfilms.org/thedigest/laureates/074ACCD4-A327-4A21-B056-440C4C378A1A]

Bin Ghaith, Mansoor, and other prominent activists in the trial were already in prison serving long sentences for their peaceful activism.

https://www.amnesty.org.uk/press-releases/uae-scores-convicted-sham-trial-uae84

https://www.newsweek.com/uae-court-sentences-40-people-life-prision-mass-trail-report-1923443

https://apnews.com/article/uae-mass-trial-dissidents-2108263bffe49915a866eecc64d1b605

https://www.middleeasteye.net/news/uae-un-experts-shocked-after-dozens-sentenced-life-mass-trial

Secretary-General’s 2024 Report on Responsibility to Protect

June 28, 2024

On 27 June 2024 the Global Centre for the Responsibility to Protect published a summary of the UN Secretary-General’s 16th report on the Responsibility to Protect (R2P), entitled “Responsibility to Protect: The commitment to prevent and protect populations from atrocity crimes.” Within the report the Secretary-General issues a stark warning about worrying global trends, including increasing violations and abuses of International Humanitarian Law (IHL) and International Human Rights Law (IHRL), and articulates challenges that UN member states and the international community have faced in upholding R2P over the past two decades. The Secretary-General asserts, however, that there are still opportunities to shift the current course of events through a more nuanced and strategic approach to prevention and protection by actors across all levels.

KEY POINTS

The Global Centre for the Responsibility to Protect would like to highlight the following key points from the report:

SECTION II. GLOBAL PATTERNS IN THE ONGOING COMMISSION OF ATROCITIES

As requested by many member states during the 2023 UN General Assembly debate on R2P, the Secretary-General takes stock of current global trends with regard to the risk of and commission of mass atrocity crimes. This section highlights the dire trends across three main areas: violations of IHL in the context of growing violent conflict worldwide, violations of and failures to institutionalize protections for human rights and factors that create enabling environments for perpetrators to commit atrocity crimes.

Patterns of violations of international humanitarian law

In recent years the world has experienced a dramatic rise in violent armed conflicts. Throughout many of these crises, parties to the conflict have increasingly employed methods and means of warfare with complete disregard for human life and in flagrant violation of international law and various treaty obligations. The IHL principles of distinction, proportionality, necessity and precaution are routinely violated by both state and non-state actors. There has also been an escalating pattern in the indiscriminate use of explosive weapons in populated areas, as well as targeted attacks on civilian infrastructure and cultural heritage. Drawing upon the Secretary-General’s annual reports on other related issue areas – including the Protection of Civilians, Children and Armed Conflict and Conflict Related Sexual Violence – the section highlights further worrying trends in violations against civilian populations, as well as the targeting of civilians on the basis of their religion, ethnicity, nationality, race, descent, gender and other identity factors. The Secretary-General further notes the man-made humanitarian consequences of these conflicts, including the global forced displacement crisis and the record number of people facing acute food insecurity.

Acts that violate IHL may also constitute war crimes and may amount to crimes against humanity, ethnic cleansing or genocide. Depriving civilians of objects indispensable to their survival, including through blocking access to humanitarian aid, may amount to war crimes.

Patterns of violations and abuses of human rights

The Secretary-General recalls that throughout history, atrocity crimes have often been precipitated by serious violations and abuses of human rights by state and non-state actors. Many human rights violations and abuses may themselves constitute or amount to an atrocity crime if certain thresholds or conditions are met.

The report notes that in many situations, violations and abuses of human rights have risen alongside democratic backsliding and patterns of targeted attacks by governments against actual and/or perceived dissenting voices. As some governments have stripped societies of human rights protections, they have also increased attacks on political opponents, human rights defenders and civil society, the media and other critical voices, sometimes through arbitrary detention, torture, enforced disappearances, extrajudicial killings and other violations in a manner that may amount to crimes against humanity. The Secretary-General particularly highlighted the regression in women’s and girl’s rights.

Environments conducive to atrocity crimes

Atrocity crimes do not occur in a vacuum; they are often preceded by structural, societal and political factors that create an enabling environment for their commission. Some factors may facilitate crimes by creating the means, motives and opportunities for perpetrators to act or may inhibit their mitigation. While cautioning that the list is not exhaustive, the Secretary-General highlights trends related to several key enablers of atrocity crimes, including the continuation and expansion of discriminatory policies and practices targeting populations on the basis of identity – such as threats and attacks against indigenous populations – unconstitutional changes of government, shrinking of civic space, the spread of non-state armed groups, the role of new and emerging digital technologies in proliferating hate speech and capacity for mass surveillance and the impacts of climate change.

The report notes how each of these factors may impact societal resilience to atrocity crimes, particularly when combined with established trends in violations of IHL and IHRL. For example, in countries experiencing democratic backsliding and shrinking civic space, there are often corresponding human rights issues, including arbitrary deprivation of life and liberty, removal of due process guarantees and reversal of women’s rights, among others. Similarly, as the presence and capacity of non-state armed groups has expanded, their ability to perpetrate crimes against humanity and war crimes targeting populations has also increased. Moreover, efforts to regain territorial control and combat such groups have exacerbated fragile security situations and state actors themselves have perpetrated potential atrocity crimes in the name of counterterrorism.

SECTION III. ADVANCES AND CHALLENGES IN PREVENTING ATROCITY CRIMES AND PROTECTING POPULATIONS

This section focuses on advancements in prevention, protection and justice and accountability processes since the inception of R2P. It also reflects upon the numerous normative, conceptual and operational challenges that need to be confronted to improve the prevention of atrocity crimes and the protection of populations.

Advances in prevention and protection

The report acknowledges the progress made in understanding the processes that lead to atrocity crimes and in conceptually understanding early warning signs for atrocities, noting in particular the UN’s Framework of Analysis for Atrocity Crimes, previous Secretary-General’s reports and work within the UN Peacebuilding Commission. Efforts have also been made by states, as well as networks, such as the Global Action Against Mass Atrocity Crimes and the Global Network of R2P Focal Points, to expand early warning expertise and capacities for response.

The Secretary-General notes the expansion of international investigative bodies and mechanisms mandated to assist in the collection, consolidation and preservation of evidence of potential atrocity crimes, as well as the monitoring and advocacy on country situations by the UN High Commissioner for Human Rights. In this regard, the report acknowledges how some of these bodies have utilized the Framework of Analysis for Atrocity Crimes in their assessments of situations with ongoing crimes or potential atrocity risks.

The section also acknowledges the progress made in transitional justice and memorialization as methods for dealing with the past and promoting truth, justice and non-recurrence. Moreover, the Secretary-General notes how national courts, international criminal courts and tribunals and the International Court of Justice have all played critical roles in holding perpetrators accountable for atrocity crimes.

Further challenges in prevention and protection

The advances highlighted by the Secretary-General demonstrate the depth of relevant information on risks, the existing potential to prevent their occurrence and the available institutional capacity to protect vulnerable populations and hold perpetrators of atrocity crimes accountable. They also expose the failure of the international community to prevent and protect populations from atrocity crimes. The report articulates four key challenges that contribute to the failure to realize the promise of R2P.

First, the international community has not capitalized on opportunities to start prevention initiatives before risk factors emerge. States and regional and international bodies need to more consistently take preemptive steps, such as instituting policies, systematic research, practices and structures that identify risk indicators and inform policy makers to enable societal resilience to atrocity crimes, including through the development of measures, laws and initiatives that protect the rights of all populations, prevent their marginalization and inhibit the development of the drivers of direct violence.

Second, improved understanding of the risk factors and gathering of early warning has not always translated into assessments and timely decision making. Due to the exceptional nature of atrocity crimes, patterns that lead to their commission are often not acknowledged or the potential trajectory of early warning information is not adequately anticipated, resulting in a lack of timely decision making.

Third, due to the lack of timely preventive action, discussions on response often occur when options are more limited and when decision-makers across all levels are more polarized.

Fourth, even when the risks are understood or clearly articulated, priority is not sufficiently given to develop adequate and appropriate measures to protect affected populations amidst other considerations decision-makers face in a particular situation. Moreover, the Secretary-General emphasizes the need to ensure that the knowledge and expertise of affected communities are centered in policy, practice and understanding.

SECTION IV. UNDERSTANDING EFFECTIVE PREVENTION AND PROTECTION

To address the challenges put forward in Section III, the Secretary-General highlights several aspects of prevention and protection that states and other actors should consider in order to bolster efforts to limit the occurrence and impact of atrocity crimes.

Prevention as a continuous process

The best way to disrupt the actions that lead to atrocity crimes is to approach prevention and protection as part of a continuous, permanent process. This includes not only a response to imminent and emerging risks, but also instituting policies, practices and structures that build long-term societal resilience to atrocity crimes. In this sense, the early prevention of atrocities is not significantly distinct from practices that support good governance: ensuring respect for the rule of law, supporting a competent and independent judiciary, protecting human rights, enabling civil society and the media to operate without interference or fear of reprisals and creating a political culture that favors tolerance and diversity. These are steps that governments can take to build the institutional architecture to prevent the drivers of atrocities from emerging.

Embodying prevention as a continuous process also includes consistent monitoring and assessment of risks amidst societal transformation and, when necessary, instituting necessary reforms to confront those risks.

A unique framework for atrocity crimes prevention

The Secretary-General invokes the atrocity prevention lens as a strong framework for enabling actors to better understand and more adequately respond to the drivers of crimes. Application of this lens includes identifying factors and indicators and assessing dynamics as they pertain to the risk and potential commission of atrocity crimes, guiding the necessary action at the domestic, regional and international level to prevent their perpetration and to effectively protect populations. This lens compels actors to reframe analysis and intelligence-gathering in order to recognize patterns of behavior and dynamics that may enable or precede atrocity crimes. The atrocity prevention lens also assists in identifying specific vulnerabilities of certain populations – including ethnic and religious minorities, women, populations with distinct sexual orientations and gender identities, children, disabled populations and others – and detects factors that may put them at particular risk to atrocity crimes.

The atrocity prevention lens may also represent an added value for existing conflict prevention, conflict resolution and protection agendas as it compels decision-makers to devise political strategies to counter threats and to avoid solutions that may exacerbate societal cleavages, structural exclusion or violence among groups. As it provides a more tailored understanding of the broader political landscape and how it relates to the threat to populations at risk, stakeholders can better understand what factors in the political process may act as triggers for wider violence or atrocities and what actions by state and non-state actors may exacerbate vulnerabilities faced by certain populations or regions of the country.

Prevention and protection: a cooperative effort

The report emphasizes that effective protection is only possible when informed by preventive assessments. The best outcomes will be reached when prevention and protection are implemented together.

Multiple forms of protection in action

When populations need protection, there are a variety of effective and complementary international instruments that can be utilized. Diverse entities within the UN, national governments and regional bodies, as well as independent human rights institutions, human rights defenders, civil society, and independent media, can all play a critical role in documenting and drawing attention to violations and abuses of human rights, threats to the physical integrity of populations and patterns in attacks.

Legal protection
At the heart of prevention and protection of atrocity crimes lies the legal guarantee of protection provided by states through constitutional and legislative policies, as well as through compliance with international protection instruments, including the Convention on the Prevention and Punishment of the Crime of Genocide, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and other rights-based instruments. Domestic legal frameworks should be designed in a manner that protects all populations by ensuring equal access to public services and full human right protections. The UN and other states parties to various conventions can also provide legal protection by reminding states of their obligations to populations under the respective conventions and, when necessary and permitted by the relevant treaty body, issue formal complaints about non-compliance.

Preventive diplomacy, good offices and mediation
Preventive diplomacy and mediation aimed at reducing tensions, averting violent escalations and negotiating among parties to conflicts or disputes is a necessary component of ensuring the long-term success of protection efforts. Negotiations among trusted leaders have prompted conflicting parties to step back from violent rhetoric and escalatory action, make political commitments to halt abuses and rethink the tactics utilized in protected civilian spaces. Domestic actors, such as local community and religious leaders, civil society activists and women’s and youth groups, also play a crucial role in de-escalating situations and in engendering dialogue between warring parties or groups.

Physical protection
The Secretary-General notes that a security sector that is community-based and respects international norms and standards on prevention is one of the most important actors in ensuring physical protection of all populations from atrocity crimes. This is particularly the case if the security sector is equipped with knowledge of the atrocity prevention lens and an understanding of the unique vulnerabilities of populations they may be protecting. When necessary, the UN Security Council may authorize regional or international forces to provide physical protection. However, the Secretary-General cautions that states should consider the use of force as a last resort because military action may have a devastating impact on populations.

Humanitarian aid and humanitarian protection
Many of the situations where atrocity crimes are ongoing have resulted in dire man-made humanitarian emergencies as populations flee en-masse and, in some cases, civilian infrastructure is attacked and humanitarian aid blocked. It is essential that humanitarian actors be provided access to all populations, including those in conflict areas, and that there be accountability for any actor who blocks or diverts aid. The Secretary-General further notes that there is growing recognition of the importance of developing a long-term, comprehensive plan and integrated framework to bridge the divide between humanitarian relief, development assistance and peacebuilding.

SECTION V. UPHOLDING THE RESPONSIBILITY TO PROTECT: CONCLUSION AND THE WAY FORWARD

The Secretary-General concludes by reminding states that next year will mark 20 years since the adoption of R2P at the 2005 World Summit and emphasizing the need to produce more tangible results in preventing atrocities and protecting populations. The Secretary-General further encourages states, regional bodies and UN entities to assess and further develop their capacities to prevent mass atrocities.

Member states back International Criminal Court

June 19, 2024

On 17 June 2024, Maria Elena Vignoli, Senior Counsel, International Justice Program of HRW, reported on several statements by States to rejects recent intimidation efforts.

Ninety-three member countries of the International Criminal Court (ICC) have declared their “unwavering support” for the court in the face of recent threats. The June 14 statement by an unprecedented number of ICC members across the globe follows a slew of threats, particularly after ICC Prosecutor Karim Khan announced on May 20 that he was seeking arrest warrants against two senior Israeli officials, including Prime Minister Benjamin Netanyahu, along with three Hamas leaders.

The joint statement reconfirmed ICC members’ support for the court “as an independent and impartial judicial institution” and their committment to defending the ICC, its officials, and those cooperating with it from any political interference and pressure. It follows similar expressions of support by the Presidency of the ICC Assembly of States Partiesseveral ICC member countries—including UN Security Council members—the high representative of the European UnionUN special procedures, and nongovernmental organizations.

In April, amid speculation ICC warrants for crimes committed in Gaza were imminent, 12 US senators threatened to sanction Khan should he pursue cases against top Israeli officials. Netanyahu also called on governments to prevent the court from issuing warrants. Khan’s office denounced the threats, noting that the ICC can also prosecute individuals for obstructing justice. [see also earlier: https://humanrightsdefenders.blog/2021/02/19/large-group-of-ngos-call-on-biden-administration-to-repeal-icc-sanctions/]

On June 4, after the warrant applications were announced, the US House of Representatives passed a bill aimed at imposing sanctions against the ICC, its officials, and those supporting investigations at the court involving US citizens or allies. The bill is now under consideration in the US Senate. The proposed law is reminiscent of the sanctions imposed by President Donald Trump on the previous ICC prosecutor to intimidate the court from pursuing cases against US and Israeli personnel for crimes committed in Afghanistan and Palestine. President Joe Biden revoked those sanctions in 2021 and has so far opposed the current bill.

The ICC is also in Russia’s crosshairs. In 2023, Russian authorities issued arrest warrants against Khan and six ICC judges after the ICC issued an arrest warrant against Russian President Vladimir Putin and another Russian official for war crimes committed in Ukraine. Russian lawmakers also enacted a law criminalizing cooperation with the ICC.

In both the Palestine and Ukraine investigations, ICC officials are simply doing their job. The joint statement sends a strong message that ICC members have the court’s back and will not bow to efforts to undermine its independence.

https://www.hrw.org/news/2024/06/17/international-criminal-court-members-speak-out

ISHR’s 40th anniversary – help celebrate

June 18, 2024

ISHR are celebrating longstanding and collective efforts in supporting human rights defenders. Join and find out more! ISHR’s journey began in 1984, inspired by the courageous actions of human rights defenders who dared to challenge injustices and advocate for a fairer world.

We’ve created a list of 40 things you can do to shed light on our mission and the vital work of human rights defenders and advocates who tirelessly strive to make our world a better and more equal place for all.

Twice a week, we will suggest an action that you can do to support ISHR’s work until we reach 40 actions, representing our 40 years of engagement. These actions are designed to be simple yet impactful, allowing everyone to actively participate in the celebration and contribute to the advancement of human rights. Whether you are a long-time supporter or new to our mission, each action will provide a tangible way to support and promote human rights defenders and advocates around the world.

The actions will be published on this page as well as on our social media feeds. From sharing a resource that inspires you, to watching a defender story and sharing what you love about ISHR, every action counts and helps amplify the voices of those who are fighting for justice, equality and freedom.

You can follow the mobilisation here:

Please share these links with your network. The success of our mobilisation relies on the collective effort of our community, so we encourage you to spread the word and invite others to join us. By participating, you are not only celebrating our anniversary but also reinforcing the importance of human rights and the tireless work of those who defend them. We are looking forward to your participation and can’t wait to see the creative ways in which you will engage!

Actions published so far:

https://ishr.ch/latest-updates/40-actions-to-celebrate-ishrs-40th-anniversary/