Posts Tagged ‘reprisals’

The NGO Forum and the 65th session of the African Commission on Human and Peoples’ Rights

October 11, 2019

The 65th Ordinary Session of the African Commission on Human and Peoples’ Rights will be held in Banjul, The Gambia from 21 October to 10 November 2019. The African Commission session will be preceded by the NGO Forum and 39th African Human Rights Book Fair, which will take place from 17 to 19 October 2019.​ The ISHR gives a preview:

What will happen during the NGO Forum and 65th ordinary session of the African Commission?

The NGO Forum

Like every year, ahead of this session of the NGO Forum, a training on advocacy particularly focused on regional and international mechanisms will be organised. This year’s training is organised by CIVICUS and will be held from 15 to 21 October 2019. It will consist of three different elements:

  • Advocacy training will be conducted by our partner in The Gambia, from 15 to 17 October
  • Participants will then attend the NGO Forum, which is held ahead of the ordinary sessions of the African Commission
  • The 65th session of the African Commission will open on 21 October and participants will have the opportunity to put the training into practice

The Forum on the Participation of NGOs in the Ordinary Sessions of the African Commission, also known as the ‘NGO Forum’ is an advocacy platform coordinated by the African Centre for Democracy and Human Rights Studies (ACDHRS) to promote advocacy, lobbying and networking among and between human rights NGOs, for the promotion and protection of human rights in Africa. The NGO Forum shares updates on the human rights situation in Africa by the African and international NGOs community with a view of identifying responses as well as adopting strategies towards the promotion and protection of human rights on the continent.

Issues such as:

  • Resilience strategies and protection of displaced human rights defenders
  • The situation of statelessness in Africa
  • The status of intersex and transgender refugees in Africa
  • The rights of internally displaced people during armed conflicts
  • The use of surveillance technologies to stifle protest, expression and privacy in Africa

The 65th ordinary session of the African Commission on Human and Peoples’ Rights

  • Panel discussions
  • The importance of civic space participation in the 2030 and 2063 agendas, 23 October, 9.30 to 11am.
  • Panel on the Protection of Human Rights Defenders with a focus on Protection Laws, 23 October, 3 to 4.30pm

During every session, special mechanisms from the African Commission present their activity report. These reports catalogue the activities and initiatives undertaken by each mechanism inter-sessionally and includes one by the Special Rapporteur on Human Rights Defenders and Focal Point on Reprisals in Africa. For the full programme, click here.

ISHR will also organise side events, such as Ending intimidation and reprisals against those cooperating with regional mechanisms in Africa on 22 October 2019, 17.30-19.00 in the Kairaba Hotel, Banjul, The Gambia. This side event aims at providing more visibility and clarity on the Special Rapporteur’s mandate on reprisals, to share some lessons learned from efforts to address reprisals and intimidation at the international level, and to hone in on what more can be done at the regional level. In particular, the event will be an opportunity for the Special Rapporteur to share key information on how to engage with the reprisal’s aspect of his mandate through the presentation of the mandate’s working documents in this regard.

Panellists:

  • Remy Ngoy Lumbu, African Commission’s Special Rapporteur on Human Rights Defenders and Focal Point on Reprisals in Africa
  • Michel Forst, UN Special Rapporteur on the situation of Human Rights Defenders
  • Clément Voule, UN Special Rapporteur on Freedom of Association and Assembly
  • Madeleine Sinclair, ISHR New York Co-Director and Legal Counsel
  • A woman defender from Sudan

ISHR will monitor and report on key developments at the 65th ordinary session of the African Commission. Follow them on Twitter at @ISHRglobal, @ISHR_fr and at #ACHPR65.

https://www.ishr.ch/news/achpr65-alert-ngo-forum-and-65th-session-african-commission-human-and-peoples-rights

Result of the 42nd session of the UN Human Rights Council

October 2, 2019

On 27 September 2019 a group of civil society organisations welcomed significant outcomes of the HRC’s 42nd session, including reaffirming its condemnation of reprisals and extending its scrutiny over Yemen, Venezuela, Cambodia, Burundi, Myanmar, and Sudan. This session witnessed heightened scrutiny of Council members by shedding light on the situation in Saudi Arabia, but it missed an opportunity to ensure scrutiny over situations in China, Kashmir and Egypt. [see also: https://humanrightsdefenders.blog/2019/09/05/human-rights-defenders-issues-at-the-42nd-session-of-the-un-human-rights-council/]

The 42nd session also advanced standards on several issues including the right to privacy, administration of justice and the death penalty, but failed to defend the mandate of the Special Rapporteur on counter-terrorism against attempts to dilute and distract its focus. The High Commissioner failed again to present the database on companies facilitating Israel’s illegal settlements.

The Council reaffirmed that reprisals can never be justified. Council members rejected attempts to weaken the text including deleting the references to the roles of the Assistant Secretary-General and the Human Rights Council Presidents. [https://humanrightsdefenders.blog/2019/09/23/andrew-gilmours-2019-report-on-reprisals-it-gets-worse-but-response-remains-mostly-rhetoric/] The resolution 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, acknowledged the specific risks to individuals in vulnerable situations or belonging to marginalized 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.

They welcome the creation of a Fact-Finding Mission (FFM) on Venezuela as an important step towards accountability for the grave human rights violations documented by the High Commissioner.

They welcome the renewal and strengthening of the mandate of the Group of Eminent Experts on Yemen, sending a clear message to parties to the conflict – and to victims – that accountability is at the center of the mandate, and providing a crucial and much-needed deterrent to further violations and abuses. States should support the recommendations made by the GEE in their recent report, including prohibiting the authorization of transfers of, and refraining from providing, arms that could be used in the conflict to such parties; and clarifying the GEE’s role to collect and preserve evidence of abuses.

They welcome the renewal of the mandate of the Special Rapporteur on Cambodia, but regret that calls to strengthen the mandate of the OHCHR to monitor and report on the situation have been ignored. We regret that the resolution fails to accurately depict the continuing crackdowns on civil society and the severity and scale of recent attacks on the political opposition.

They welcome the renewal of the mandate of the Commission of Inquiry on Burundi. Its work is vital as the country heads towards elections in 2020. The Burundian Government should desist from denial and insults, and should cooperate with the Commission and other UN bodies and mechanisms.

They welcome that the EU and OIC have jointly presented a resolution on Myanmar requesting the High Commissioner to report on the implementation of the recommendations of the Fact-Finding Mission at HRC 45. However, the international community needs to take stronger action to ensure accountability for and cessation of grave international crimes, in particular by referring Myanmar to the ICC and imposing a global arms embargo – and by acting on the FFM’s reports, including those on economic interests of the military and on sexual and gender-based violence in Myanmar and the gendered impact of its ethnic conflicts.

On terrorism and human rights, they are deeply disappointed that Mexico and other States have partially acquiesced in attempts by Egypt to dilute or distract the work of the Special Rapporteur on counter-terrorism away from its appropriate focus on human rights violations while countering terrorism and human rights of victims of terrorism. We regret that States have asked the Special Rapporteur to spend the limited time and resources of the mandate, to comment on the overbroad concept of the “effects” of terrorism, by which Egypt and some other States seem primarily to mean macroeconomic, industrial, and investment impacts, rather than the human rights of individual victims. The length to which States seem willing to put the existing Special Rapporteur’s mandate at risk, in the name of protecting it, while failing even to incorporate stronger consensus text on human rights issues included in the most recent merged parallel resolution at the General Assembly, suggests that the merger of the previous Mexican and Egyptian thematic resolutions no longer holds any real promise of positive results for human rights.

They welcome the Council’s renewed attention to the protection of the right to privacy in the digital age: fully integrating human rights into the design, development and deployment of Artificial Intelligence, machine learning technologies, automated decision-making, and biometric systems, is essential to safeguard not only the right to privacy, but also to freedom of expression, peaceful assembly, and association, and economic social and cultural rights.

On human rights in the administration of justice, we welcome the focus in this year’s resolution on concrete measures to prevent and respond to violence, death and serious injury in situations of deprivation of liberty, which illustrates the potential of thematic resolutions to set out specific practical, legal and policy steps that can be drawn on by governments, civil society, and other stakeholders to have real positive impact at the national level.

They commend Australia for its leadership on Saudi Arabia, as well as the other States who stood up for women’s rights activists and accountability. They urge more States to live up to their commitment to defend civil society and sign the statement in the coming 2 weeks.

For five years since the last joint statement in March 2014, the Council has failed to hold Egypt accountable for continuing systematic and widespread gross human rights violations. In the latest crackdown on peaceful protests, reports indicate that more than 2000 people have been arrested in the past week. When will the Council break its silence and convene a Special Session to address the grave and deteriorating human rights situation in Egypt?

Signatories:

  • International Service for Human Rights (ISHR)
  • DefendDefenders (the East and Horn of Africa Human Rights Defenders Project)
  • Commonwealth Human Rights Initiative (CHRI)
  • CIVICUS: World Alliance for Citizen Participation
  • Cairo Institute for Human Rights Studies
  • Asian Legal Resource Centre
  • Asian Forum for Human Rights and Development (FORUM-ASIA)
  • International Commission of Jurists (ICJ)
  • Amnesty International
  • Association for Progressive Communications (APC)
  • Human Rights Watch
  • International Federation for Human Rights (FIDH)
  • Physicians for Human Rights (PHR)

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Below the fulll list of 38 texts adopted:

Resolutions

Action on Text under Agenda Item 1 on Organizational and Procedural Matters

In a Presidential Statement (A/HRC/42/L.32) on the reports of the Advisory Committee, adopted without a vote, the Human Rights Council takes note of the reports of the Advisory Committee on its twenty-second and twenty-third sessions.

Action on Texts under Agenda Item 2 on the Report of the High Commissioner and Reports of the Office of the High Commissioner and the Secretary-General

In a resolution (A/HRC/42/L.6) on the composition of staff of the Office of the United Nations High Commissioner for Human Rights, adopted by a vote of 30 in favour, 13 against and four abstentions, the Council requests the United Nations High Commissioner for Human Rights to continue her efforts with a view to redress the current imbalance in the geographical composition of the staff of her Office and requests her to submit a report at the Council’s forty-fifth session.

In a resolution (A/HRC/42/L.16) on the human rights situation in Yemen, adopted by a vote of 22 in favour, 12 against and 11 abstentions, the Council decides to renew the mandate of the Group of Eminent International and Regional Experts for a further period of one year to, inter alia, monitor and report on the situation of human rights and carry out comprehensive investigations into all alleged violations and abuses of international human rights law and all alleged violations of international humanitarian law committed by all parties to the conflict since September 2014. The Council requests the Group of Eminent International and Regional Experts to present a comprehensive written report to the Human Rights Council at its forty-fifth session.

In a resolution ( A/HRC/42/L.21/Rev.1 ) on the situation of human rights of Rohingya Muslims and other minorities in Myanmar, adopted by a vote of 37 in favour, two against and seven abstentions, the Council requests the United Nations High Commissioner for Human Rights to follow up on the implementation of the recommendations made by the independent international fact-finding mission, including those on accountability, and to continue to track progress in the situation of human rights in Myanmar, including of Rohingya Muslims and other minorities, and to present a written report thereon to the Human Rights Council at its forty-fifth session.

In a resolution (A/HRC/42/L.38/Rev.1) on strengthening cooperation and technical assistance in the field of human rights in the Bolivarian Republic of Venezuela, adopted by a vote of 18 in favour, six against and 23 abstentions, the Council welcomes the permanent presence of the Office of the High Commissioner in Venezuela under the terms established in the memorandum of understanding signed on 20 September 2019, including unlimited access to all region and detention centres, and requests the High Commissioner to present to the Council, at its forty-third and forty-fifth sessions, as well as before the end of 2019, an oral update on the situation of human rights in Venezuela. The Council also requests the High Commissioner to submit a comprehensive written report on the situation of human rights in Venezuela at its forty-fourth session, including the outcome of the investigation on the ground into allegations of possible human rights violations to ensure the accountability of perpetrators and redress for victims.

Action on Texts under Agenda Item 3 on the Promotion and Protection of All Human Rights, including the Right to Development

In a resolution (A/HRC/42/L.1) on the human rights to safe drinking water and sanitation, adopted without a vote, the Council decides to extend the mandate of the Special Rapporteur on the human rights to safe drinking water and sanitation for a period of three years and requests the Special Rapporteur to compile good practices at the local, national, regional and international levels in order to promote the progressive realization of the human rights to safe drinking water and sanitation, and to report thereon to the Human Rights Council at its forty-fifth session.

In a resolution (A/HRC/42/L.2) on the role of prevention in the promotion and protection of human rights, adopted without a vote, the Council affirms the importance of effective preventive measures as a part of overall strategies for the promotion and protection of all human rights, and requests the Office of the High Commissioner to prepare a study, to be presented to the Human Rights Council at its forty-fifth session, on the contribution of the special procedures in assisting States and other stakeholders in the prevention of human rights violations and abuses.

In a resolution (A/HRC/42/L.5) on the World Programme for Human Rights Education: adoption of the plan of action for the fourth phase, adopted without a vote, the Council adopts the plan of action for the fourth phase (2020–2024) of the World Programme for Human Rights Education and decides to convene at its forty-eighth session a high-level panel discussion to mark the tenth anniversary of the United Nations Declaration on Human Rights Education and Training, on the theme “The tenth anniversary of the United Nations Declaration on Human Rights Education and Training: good practices, challenges and the way forward”.

In a resolution (A/HRC/42/L.7) on the promotion of a democratic and equitable international order, adopted by a vote of 25 in favour, 14 against and eight abstentions, the Council invites the Independent Expert on the promotion of a democratic and equitable international order to examine the impact of financial and economic policies pursued by international financial institutions on a democratic and equitable international order, in particular those of the World Bank and the International Monetary Fund, and to submit the report to the Human Rights Council at its forty-fifth session.

In a resolution (A/HRC/42/L.8) on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination, adopted by a vote of 29 in favour, 14 against and four abstentions, the Council renews for a period of three years the mandate of the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination, and requests the Working Group to report its findings to the Human Rights Council at its forty-fifth session and to the General Assembly at its seventy-fifth session.

In a resolution (A/HRC/42/L.9) on the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, adopted without a vote, the Council renews the mandate of the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, for a period of three years, and requests the Special Rapporteur to submit reports on the implementation of the mandate to the Human Rights Council and the General Assembly in accordance with their annual programmes of work.

In a resolution (A/HRC/42/L.11) on human rights in the administration of justice, including juvenile justice, adopted without a vote, the Council invites States to take into consideration the issue of human rights in the administration of justice in the context of the Universal Periodic Review and requests the High Commissioner to submit to the Human Rights Council, at its forty-seventh session, an analytical report on human rights in the administration of justice, in particular on current and emerging challenges in the protection of persons deprived of their liberty, including judicial oversight.

In a resolution (A/HRC/42/L.13) on the human rights of older persons, adopted without a vote, the Council decides to extend the mandate of the Independent Expert on the enjoyment of all human rights by older persons for a period of three years, and requests the Secretary-General to ensure that the reports of the Independent Expert are brought to the attention of the Open-ended Working Group on Ageing.

In a resolution (A/HRC/42/L.14) on the right to social security, adopted without a vote, the Council decides to convene, before its forty-fifth session, an intersessional full-day panel discussion on the right to social security in the changing world of work with a view of identifying challenges and best practices. It also requests the High Commissioner for Human Rights to prepare a summary report on the panel discussion and to submit it to the Human Rights Council at its forty-sixth session.

In a resolution (A/HRC/42/L.17) on marking the twenty-fifth anniversary of the Beijing Declaration and Platform for Action, adopted without a vote, the Council decides to convene, during the high-level segment at its forty-third session, a high-level panel discussion to commemorate the twenty-fifth anniversary of the Fourth World Conference on Women, with a particular focus on the implementation of the Beijing Declaration and Platform for Action and the outcome documents of its review conferences, as well as on achievements, best practices and challenges in this regard.

In a resolution (A/HRC/42/L.18) on the right to privacy in the digital age, adopted without a vote, the Council requests the United Nations High Commissioner for Human Rights to organize, before its forty-fourth session, a one-day expert seminar to discuss how artificial intelligence, including profiling, automated decision-making and machine-learning technologies may, without proper safeguards, impact the enjoyment of the right to privacy, to prepare a thematic report on the issue, and to submit it to the Council at its forty-fifth session.

In a resolution (A/HRC/42/L.19) on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, adopted without a vote, the Council decides to extend the mandate of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, as established by the Human Rights Council in paragraph 1 of its resolution 6/29, for a further period of three years.

In a resolution (A/HRC/42/L.20) on human rights and transitional justice, adopted without a vote, the Council requests the Office of the United Nations High Commissioner for Human Rights to examine in a report how addressing a legacy of gross violations and abuses of human rights and serious violations of international humanitarian law through transitional justice measures can contribute to sustaining peace and the realization of Sustainable Development Goal 16, and to present the report to the Human Rights Council at its forty-sixth session.

In a resolution (A/HRC/42/L.23) on terrorism and human rights, adopted without a vote, the Council strongly condemns terrorist acts and all acts of violence committed by terrorist groups and the continued systematic and widespread abuses of human rights perpetrated by such groups, and requests States to refrain from providing support to entities or persons involved in terrorist acts, including support in establishing propaganda platforms advocating hatred that constitutes incitement to discrimination, hostility or violence, including through the Internet and other media.

In a resolution (A/HRC/42/L.24) on human rights and indigenous peoples, adopted without a vote, the Council decides to hold an intersessional round table on possible steps to be taken to enhance the participation of indigenous peoples’ representatives and institutions in meetings of the Human Rights Council on issues affecting them, with the full and effective participation of indigenous peoples’ representatives and institutions from the seven indigenous sociocultural regions represented at the thirteenth session of the Expert Mechanism on the Rights of Indigenous Peoples.

In a resolution (A/HRC/42/L.25) on human rights and indigenous peoples: mandate of the Special Rapporteur on the rights of indigenous peoples, adopted without a vote, the Council decides to renew the mandate of the Special Rapporteur on the rights of indigenous peoples for a period of three years to, inter alia, examine ways and means of overcoming existing obstacles to the full and effective protection of the rights of indigenous peoples, to pay special attention to the human rights and fundamental freedoms of indigenous children and women, and to take into account a gender perspective in the performance of the mandate.

In a resolution (A/HRC/42/L.27) on the protection of the rights of workers exposed to hazardous substances and wastes, adopted without a vote, the Council encourages States, business enterprises and other actors to implement the 15 principles presented by the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes through their respective legal and policy frameworks, as well as through initiatives and programmes to strengthen the coherence between human rights and occupational health and safety standards with regard to the exposure of workers to toxic substances.

In a resolution (A/HRC/42/L.34/Rev.1) on arbitrary detention, adopted without a vote, the Council decides to extend the mandate of the Working Group on Arbitrary Detention for a further period of three years, and requests the Working Group to prepare a study on arbitrary detention related to drug policies to ensure that upholding the prohibition thereon is included as part of an effective criminal justice response to drug-related crimes, and that such a response also encompasses legal guarantees and due process safeguards, and to submit to the Council at its forty-seventh session a report thereon, and to bring the report to the attention of the Commission on Narcotic Drugs as the policymaking body of the United Nations with prime responsibility for drug-control matters.

In a resolution (A/HRC/42/L.36) on the right to development, adopted by a vote of 27 in favour, 13 against and 7 abstentions as orally revised, the Council decides that, at its twenty-first session, the Working Group on the Right to Development will commence the elaboration of a draft legally binding instrument on the right to development on the basis of the draft prepared by the Chair-Rapporteur. The Council further decides to extend for a period of three years the mandate of the Special Rapporteur on the right to development, and to organize a biennial panel discussion on the right to development, starting at its forty-fifth session. It also decides to establish a subsidiary expert mechanism to provide the Council with thematic expertise on the right to development that shall consist of five independent experts who shall serve for a three-year period. The expert mechanism shall report annually to the Human Rights Council on its work and shall meet once annually for three days in Geneva and once annually for three days in New York.

In a resolution (A/HRC/42/L.37) on the question of the death penalty, adopted by a vote of 26 in favour, 14 against and 6 abstentions, the Council decides that the upcoming biennial high-level panel discussion to be held at the forty-sixth session of the Human Rights Council will address the 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, and requests the Office of the High Commissioner to prepare a summary report on the panel discussion and to submit it to the Human Rights Council at its forty-eighth session.

Action on Resolutions under Agenda Item 4 on Human Rights Situations that Require the Council’s Attention

In a resolution (A/HRC/42/L.4/Rev.1) on the situation of human rights in the Bolivarian Republic of Venezuela, adopted by a vote of 19 in favour, seven against and 21 abstentions, the Council requests the United Nations High Commissioner for Human Rights to prepare a comprehensive written report on the situation of human rights in Venezuela and to present the report to the Council at its forty-fourth session. The Council decides to establish, for a period of one year, an independent international fact-finding mission and to dispatch that mission urgently to Venezuela to investigate extrajudicial executions, enforced disappearances, arbitrary detentions and torture and other cruel, inhumane or degrading treatment since 2014, with a view to ensuring full accountability for perpetrators and justice for victims. The Council requests the mission to present a report on its findings during an interactive dialogue at its forty-fifth session.

In a resolution (A/HRC/42/L.10/Rev.1) on the situation of human rights in Burundi, adopted by a vote of 23 in favour, 11 against and 13 abstentions, the Council decides to extend the mandate of the Commission of Inquiry on Burundi in order for it to deepen its investigations, including into respect for and observance of political, civil, economic and social rights in the electoral context, until it presents a final report to the Human Rights Council during an interactive dialogue at its forty-fifth session and to the General Assembly at its seventy-fifth session. The Council requests the Commission to present an oral briefing to the Council at its forty-third and forty-fourth sessions during an interactive dialogue.

In a resolution (A/HRC/42/L.22) on the human rights situation in the Syrian Arab Republic, adopted by a vote of 27 in favour, six against and 13 abstentions, the Council deplores the fact that the conflict in the Syrian Arab Republic continues in its ninth year with its devastating impact on the civilian population, and urges all parties to the conflict to abstain immediately from any actions that may contribute to the further deterioration of the human rights, security and humanitarian situations. The Council demands that the Syrian authorities cooperate fully with the Human Rights Council and the Commission of Inquiry by granting the Commission immediate, full and unfettered access throughout the Syrian Arab Republic, and expresses deep concern about the grave humanitarian situation in the country and at the plight of the 11.7 million people in need of full, timely, immediate, unhindered and safe humanitarian assistance.

The Council welcomes the work of the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Persons Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011 and its close cooperation with the Commission of Inquiry and Syrian civil society, and invites Member States to actively support the Mechanism and to provide adequate financial means for its functioning. The Council further welcomes the steps taken by Member States to prosecute the most serious crimes under international law committed in the Syrian Arab Republic in national courts under the principles of universal jurisdiction and extraterritorial jurisdiction as an important contribution to end impunity and ensure justice for victims.

Action on Resolution under Agenda Item 5 on Human Rights Bodies and Mechanisms

In a resolution (A/HRC/42/L.33/Rev.1) on cooperation with the United Nations, its representatives and mechanisms in the field of human rights, adopted by a vote of 36 in favour and 11 against, with no abstentions, as orally revised, the Council calls upon States to combat impunity by conducting prompt, impartial and independent investigations and pursuing accountability for all acts of intimidation or reprisal by State and non-State actors against any individual or group who seeks to cooperate, cooperates or has cooperated with the United Nations, its representatives and mechanisms in the field of human rights, and by condemning publicly all such acts, underlining that these can never be justified.

Action on Resolution under Agenda Item 9 on Racism, Racial Discrimination, Xenophobia and Related Intolerance

In a resolution (A/HRC/42/L.28/Rev.1) From rhetoric to reality: a global call for concrete action against racism, racial discrimination, xenophobia and related intolerance, adopted without a vote as orally revised, the Council requests the Office of the United Nations High Commissioner for Human Rights to organize, before the eleventh session of the Ad Hoc Committee on the Elaboration of Complementary Standards to the International Convention on the Elimination of All Forms of Racial Discrimination, a two-day expert seminar to consider the elements of a draft additional protocol to the Convention. It further requests the Group of Independent Eminent Experts on the Implementation of the Durban Declaration and Programme of Action to convene its seventh session for five working days during 2020 and to submit a report to the General Assembly at its seventy-fifth session.

Action on Resolutions under Agenda Item 10 on Technical Assistance and Capacity Building

In a resolution (A/HRC/42/L.3) on promoting international cooperation to support national mechanisms for implementation, reporting and follow-up, adopted without a vote, the Council requests the Office of the High Commissioner to organize five regional consultations to exchange experiences and good practices relating to the establishment and development of national mechanisms for implementation, reporting and follow-up, and their impact on effective implementation of human rights obligations and commitments.

In a resolution (A/HRC/42/L.12) on technical assistance and capacity-building for Yemen in the field of human rights, adopted without a vote, the Council requests the United Nations High Commissioner for Human Rights to continue to provide substantive capacity-building and technical assistance to the Government of Yemen and technical support to the National Commission of Inquiry to ensure that it continues to investigate allegations of violations and abuses committed by all parties to the conflict in Yemen, and requests the High Commissioner to present a written report on the implementation of technical assistance at the Council’s forty-fifth session.

In a resolution (A/HRC/42/L.15) on the enhancement of technical cooperation and capacity-building in the field of human rights, adopted without a vote, the Council decides that the theme of the annual thematic panel discussion under agenda item 10, to be held during its forty-fourth session, will be “Upholding the human rights of prisoners, including women prisoners and offenders: enhancing technical cooperation and capacity-building in the implementation of the Nelson Mandela Rules and the Bangkok Rules”.

In a resolution (A/HRC/42/L.26/Rev.1) on assistance to Somalia in the field of human rights, adopted without a vote as orally revised, the Council decides to renew the mandate of the Independent Expert on the situation of human rights in Somalia for a period of one year and requests the Independent Expert to report to the Human Rights Council at its forty-fifth session and to the General Assembly at its seventy-fifth session.

In a resolution (A/HRC/42/L.29/Rev.1) on technical assistance and capacity-building in the field of human rights in the Democratic Republic of the Congo, adopted without a vote, the Council requests the United Nations High Commissioner for Human Rights to present an oral update on the situation of human rights in the Democratic Republic of the Congo at its forty-third session and a comprehensive report at its forty-fifth session.

In a resolution (A/HRC/42/L.30) on technical assistance and capacity-building to further improve human rights in the Sudan, adopted without a vote as orally revised, the Council decides to renew the mandate of the Independent Expert on the situation of human rights in the Sudan for period of one year recognising the intention to phase out the mandate and requests the Independent Expert to present a report on the implementation of his mandate to the Human Rights Council at its forty-fifth session. The Council requests the Government of the Sudan and the Office of the High Commissioner to present their oral reports on progress towards the opening of a country office during an enhanced interactive dialogue at the Council’s forty-forth session.

In a resolution (A/HRC/42/L.31) on technical assistance and capacity-building in the field of human rights in the Central African Republic, adopted without a vote, the Council decides to renew, for one year, the mandate of the Independent Expert on the human rights situation in the Central African Republic and to organize, at its forty-third session, a high-level interactive dialogue to assess the evolution of the human rights situation on the ground, placing special emphasis on preventing the recruitment and use of children in the armed conflict and protecting their rights through their demobilization and reintegration.

In a resolution (A/HRC/42/L.35/Rev.1) on the advisory services and technical assistance for Cambodia, adopted without a vote, the Council decides to extend for two years the mandate of the Special Rapporteur on the situation of human rights in Cambodia, and requests the Special Rapporteur to report on the implementation of her mandate to the Human Rights Council at its forty-fifth and forty-eighth sessions.

http://ishr.ch/news/hrc42-civil-society-presents-key-takeaways-human-rights-council

https://reliefweb.int/report/venezuela-bolivarian-republic/human-rights-council-closes-forty-second-regular-session-adopts

Andrew Gilmour’s 2019 report on reprisals: it gets worse but response remains mostly rhetoric

September 23, 2019

UN Human Rights Office). The study documents incidents from nearly 50 countries, such as the detention and imprisonment of activists, and the filming of participants at meetings, including on UN premises, without their consent.  Andrew Gilmour, UN Assistant Secretary-General for Human Rights, said there are also cases of authorities threatening and harassing relatives of activists. “Some governments seem prepared to go to almost any lengths to punish people who cooperate with us.  This may actually underscore the justice of the victims’ causes,” he said. The report covers the period from 1 June 2018 to 31 May of this year.  It also notes misuse of online spaces to promote hate speech, cyberbullying and smear campaigns, particularly against women and lesbian, gay, bisexual, transgender and intersex persons. Mr. Gilmour expressed concern over the continued trend in the use of national security arguments and counter-terrorism strategies as justification for blocking access to the United Nations. “Reported cases include individuals or organizations being charged with terrorism, blamed for cooperation with foreign entities or accused of damaging the reputation or security of the State. These have also been used to justify restrictions on foreign funding,” he wrote in the report’s conclusions and recommendations. “A disproportionate number of cases of enforced disappearance or detention, many which have been deemed arbitrary by United Nations experts, relate to these national security arguments. This is a worrisome trend that I have addressed publicly, including in my previous report, and, regrettably, it continues.” He said the UN will continue to strengthen its response to these developments, including through improved reporting on allegations.  However, he added, the onus remains on countries as “Member States must be accountable for their own actions and practices, and provide remedy when reprisals occur. [see also: https://humanrightsdefenders.blog/2019/09/17/intimidation-and-reprisals-on-un-premises-ngos-ask-for-more-action/%5D

However, the ISHR – which has followed the phenomenon much more systematically, made a more detailed and sombre assessment on 19 September: “Beyond rhetoric – States should step up efforts to prevent reprisals”

See also: https://humanrightsdefenders.blog/tag/42nd-session-of-the-un-human-rights-council/] and https://humanrightsdefenders.blog/2019/09/17/intimidation-and-reprisals-on-un-premises-ngos-ask-for-more-action/]

It notes that during the second interactive dialogue on reprisals with the Assistant Secretary-General, only Germany and Costa Rica raised specific cases of reprisals in Egypt and Nicaragua, respectively. The Bahamas and the Maldives shared good practices. Other States condemned reprisals rhetorically, expressing particular concern about reprisals and intimidation against women human rights defenders and LGBTIQ defenders, as well as by Council members.

During the dialogue Germany followed up again on the case of Egyptian lawyer Ebrahim Metwally who was arrested on his way to Geneva to attend a meeting with the Working Group on Enforced and Involuntary Disappearances. He was tortured and has been detained since September 2017. During the first interactive dialogue in September 2018, Germany was the only country to raise concern over an individual victim of reprisals. Costa Rica was the only other country to raise a specific situation of reprisals this year: it expressed particular concern about acts of intimidation and reprisals in Nicaragua.

The Bahamas responded to the allegations of intimidation and reprisals against woman human rights defender Alicia Wallace after she engaged with the Committee on Elimination of all forms of Discrimination against Women (CEDAW). She and her colleagues were subjected to hate speech by a well-known radio personality, the effect of which was to create an unsafe environment for Ms. Wallace and other women human rights defenders. The Bahamas affirmed its commitment to protect human rights defenders and ensure that they can engage freely with the UN. The delegation told the Council that authorities proactively provided assistance to Ms. Wallace to guarantee her safety.

The Maldives also told the Council that it is investigating the deaths of human rights defender Yameen Rashid and journalist Ahmed Rilwan to bring the perpetrators to justice; that the defamation law providing imprisonment sentences for journalists was repealed in November 2018; and that an amendment to the Human Rights Commission Act is currently considered in parliament, which would guarantee that the Commission can communicate with international organizations. The Maldives agreed with the Assistant Secretary-General that the powerful impact of prevention is through a zero tolerance policy for reprisals and committed to condemn all reprisals as a matter of urgency. The Maldives admitted that that they ‘have seen it first hand and do not want to bear witness to it again!’.

In its statement during the interactive dialogue, ISHR asked the Assistant Secretary-General what steps should be taken to ensure a more comprehensive report to the Council. This came in response to notably missing cases that ISHR submitted implicating Brazil, Russia and the United States.  The Assistant Secretary-General acknowledged ISHR’s leading role in efforts to end reprisals, expressed his concern regarding the situations mentioned, but disagreed with ISHR’s statement that Secretary-General Guterres is pandering to certain States, ignoring victims’ legitimate claims and undermining efforts to protect victims from reprisals. He explained that the particular case raised by ISHR concerning remarks made by the then U.S. National Security Adviser, Mr. John R. Bolton, and the U.S. Secretary of State, Mike Pompeo did not fall under the reporting mandate of the Secretary-General as the intimidation related to the International Criminal Court. However, ISHR recalls that the Secretary General’s 2018 reprisals report stated that ‘while recognising the independent judicial character of the International Criminal Court, the Court is regarded as a related organisation in the United Nations’ and cases related to the ICC have been included several times previously, for example:

  • The 2018 reprisals report documented that two defenders in Iraq faced reprisals after attending a preparation meeting for a conference aimed at calling on Iraq to join the Court (para 29).
  • The 2017 reprisals report included Israel in the reprisals report regarding incidents of reprisals and intimidation of defenders engaging with or promoting engagement with the International Criminal Court (para 39).

Read ISHR’s full statement at the interactive dialogue here.

UN human rights report shows rise in reprisals against activists, victims

https://www.ishr.ch/news/hrc42-beyond-rhetoric-states-should-step-efforts-prevent-reprisals

 

 

Intimidation and Reprisals on UN premises – NGOs ask for more action

September 17, 2019

On 23 August 2019, 23 NGOs wrote to the United Nations to raise concerns over the alarming pattern of intimidation and reprisals faced by members of civil society during sessions of the Human Rights Council and Treaty Bodies. The letter calls on the ASG to raise this issue during his speech before the HRC on 19 September 2019, and urges the OHCHR to take measures to ensure that such acts of reprisals are not repeated in the future. See: https://humanrightsdefenders.blog/2019/09/05/human-rights-defenders-issues-at-the-42nd-session-of-the-un-human-rights-council/

Below is the original text of the letter, as sent to the UN representatives in question:

To: Mr Andrew Gilmour, Assistant Secretary-General for Human Rights; H.E. Mr Coly Seck, Permanent Representative of Senegal and President of the Human Rights Council; Mr Michel Forst, Special Rapporteur on the situation of human rights defenders

Mr Gilmour, 

We, the undersigned organisations, write to raise deep concerns about a consistent pattern of intimidation and reprisals faced by members of civil society from around the world during sessions of the Human Rights Council (HRC) and the Treaty Bodies. We are particularly concerned by acts of intimidation perpetrated by representatives of and individuals affiliated with government parties. 

During the 41st session of the HRC, staff of Permanent Missions and individuals wearing non-diplomatic badges, who were later verified as working with UN Member and Observer States, attended our side-events, and blatantly eavesdropped on our conversations, recorded our comments, took photos and videos of the audience, and made threatening gestures and remarks. 

We are all the more concerned as this is not the first time that human rights defenders and other individuals engaging with the HRC have faced acts of harassment and intimidation. Rather, these tactics are part of a consistent and systematic pattern of behaviour that we have unfortunately come to anticipate and expect at every session of the HRC. 

Furthermore, HRDs engaging with the Treaty Bodies also face intimidation and reprisals perpetrated by representatives of and individuals affiliated with government parties. There have been multiple instances of so-called “GONGOs” – governmental non-governmental organisations – registering for confidential and closed briefings with Treaty Bodies’ members. This allows them to know exactly who among civil society is present during these briefings. There has also been cases of briefings that have been filmed without the permission of NGOs. 

What is more, governments’ support given to GONGOs means that they are often granted consultative status with the UN. On the contrary, independent NGOs continue to be denied the ECOSOC status, demonstrating that reprisals against HRDs also occur within the UN system. In addition, the proliferation of GONGOs both at the HRC and Treaty Bodies, allows them to influence the discourse about human rights in a particular state or region, thus minimising the real issues at stake. 

The aforementioned acts of harassment and intimidation are concerning not only because they create an atmosphere of fear and self-censorship, but also because numerous human rights defenders who have travelled to Geneva to participate in HRC or Treaty Body sessions have faced reprisals upon their return to their countries as a direct result of this. As such, we take these acts of intimidation very seriously and submit that they may result in further acts of retaliation.

We note with appreciation that the current president of the HRC, his Excellency Mr Coly Seck, Permanent Representative of Senegal, addressed some of the issues raised in this letter during the final meeting of the 41st session of the HRC. He expressed his concern that “civil society organisations continue to face intimidation and reprisals” and pointed out that a number of cases had been reported to him, including of verbal harassment and unauthorised photographs taken during side-events. He emphasised that “any acts of intimidation against any individual or group that attempts to cooperate with the Human Rights Council is unacceptable”, and reminded Member and Observer States of their responsibility to ensure that civil society operate in a safe space. 

In addition, in July 2019, Unrepresented Nations and Peoples Organisation, working in conjunction with the University of Oxford, Tibet Justice Centre and the Economic and Social Research Council launched the report “Compromised Space for Unrepresented Peoples at the United Nations”. Based on interviews and testimonies from 77 HRDs working on behalf of minorities, indigenous communities and other unrepresented peoples, it identifies a systematic attack on the UN human rights system by certain governments. This is characterised by “blocking tactics […] including deferring ECOSOC status decisions, and intervening in plenary statements, to more overt instances of harassment, intimidation and outright violence, which constitute state reprisals”. Such challenges are compounded for HRDs from minority, indigenous and marginalised groups.

While we acknowledge that HRC presidents, the Office of the High Commissioner for Human Rights’ (OHCHR) reprisals team, the Treaty Bodies’ focal points for reprisals and yourself have all previously raised awareness on this issue, we strongly believe that there is a need to draw further attention to such acts of intimidation and harassment. We further note that to date, the OHCHR has not developed a systematic and practical response to the practices outlined in this letter. 

It is our contention that failure to sanction reprisals on UN premises will only embolden such acts elsewhere. Therefore, we call on you to raise this grave pattern during the presentation of the UNSG annual report on reprisals during the 42nd session of the HRC. We also call on you to urge the OHCHR to take measures to ensure that such acts of intimidation do not happen in the future. 

Yours sincerely, 

  1. Access Now 
  2. ALQST 
  3. Association for Victims of Torture in the UAE 
  4. Americans for Democracy and Human Rights in Bahrain 
  5. Bahrain Institute for Rights and Democracy
  6. CIVICUS: World Alliance for Citizen Participation
  7. CCPR Centre 
  8. Committee for Justice 
  9. European Saudi Organisation for Human Rights 
  10. Global Campaign for Equal Nationality Rights
  11. MENA Rights Group 
  12. The Omani Centre for Human Rights
  13. OMCT
  14. Institute on Statelessness and Inclusion 
  15. International Campaign for Freedom in the UAE 
  16. International Centre for Justice and Human Rights 
  17. International Movement Against All Forms of Discrimination and Racism 
  18. Right Livelihood Foundation 
  19. Rights Realization Centre 
  20. Salam for Democracy and Human Rights
  21. Statelessness Network Asia Pacific 
  22. Unrepresented Nations and Peoples Organization
  23. World Uyghur Congress 

https://unpo.org/article/21663

 

Ending reprisals: side event in Geneva on 18 September

September 13, 2019

I provided already a list of side events at the 42nd Session of the UN Human Rights Council [https://humanrightsdefenders.blog/2019/09/09/42nd-session-of-the-human-rights-council-list-of-side-events/]. Here is one that is really crucial: Ending reprisals: Discussion with human rights defenders and experts.

It takes place on Wednesday, 18 September 2019, 4:30 pm – 5:30 pm in Room VIII, Palais des Nations, Geneva

The event seeks to provide a space for human rights defenders and experts to shed light on the nature and extent of reprisals and intimidation against those cooperating with the UN; discuss and expand on the Secretary-General’s report; and consider efforts to date to address reprisals and intimidation against those cooperating with the UN as well as ways to further develop and strengthen policies and practices to prevent and address reprisals.

Panellists:

Moderator:  Phil Lynch, ISHR Director

For some of my earlier posts on reprisals (among many): https://humanrightsdefenders.blog/tag/reprisals/

 

https://mailchi.mp/ishr/alert-to-the-human-rights-councils-35th-session-32381?e=d1945ebb90

Human Rights Defenders issues at the 42nd session of the UN Human Rights Council

September 5, 2019

As usual the International Service for Human Rights has come out with an excellent preview of  key issues on the agenda of the 42nd session of the UN Human Rights Council, starting on Monday 9 September 2019. And – also as usual – I provide here an extract of the key elements affecting human rights defenders more directly. The 42nd session will consider issues such as reprisals, indigenous peoples, death penalty, arbitrary detention and enforced disappearances. To stay up-to-date on the whole session: follow @ISHRglobal and #HRC42 on Twitter. Side events will the subject of a separate post.

Reprisals

On 18 September, the ASG for Human Rights will present his annual Reprisals Report  (report on the cooperation with the United Nations) in his capacity as UN senior official on reprisals. [see https://humanrightsdefenders.blog/2016/10/05/assistant-secretary-general-andrew-gilmour-appointed-as-the-uns-focal-point-to-combat-reprisals-against-human-rights-defenders/]

It will be interesting to see the difference with the first such interactive dialogue in September 2018 [https://humanrightsdefenders.blog/2018/10/05/no-naming-and-shaming-on-reprisals-at-39th-human-right-council-session/]. Ghana, Fiji, Hungary, Ireland and Uruguay will present a draft resolution at this session which aims to strengthen the responses by the UN and States to end to acts of intimidation and reprisals.

The ISHR states that reports of cases of reprisals against those cooperating or seeking to cooperate with the UN not only continue, but grow. [see in this context one of my earliest posts, still sadly relevant: https://humanrightsdefenders.blog/2014/03/13/zero-tolerance-for-states-that-take-reprisals-against-hrds-lets-up-the-ante/]..

Other key thematic reports

The Council will consider on 13 September two reports on the death penalty: the report of the UN Secretary General on capital punishment and the implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty, and the summary report of OHCHR on the biennial high-level panel discussion on human rights violations related to the use of the death penalty, in particular with respect to the rights to non-discrimination and equality. The Council will also consider a resolution on the issue.

The Council will hold dedicated debates and consider the reports of several mandates relating to civil, political, economic, social and cultural rights, such as:

  • The Special Rapporteur on contemporary forms of slavery will present her report on current and emerging forms of slavery and country visit report to Italy on 9 September.
  • The Working Group on Enforced or Involuntary Disappearances will present a report on public policies for effective investigation of disappearances, as well as its annual report and country visit report to Ukraine, on 11 September.
  • The Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence will present his report and country visit report to Sri Lanka on 11 September.
  • The Working Group on Arbitrary Detention will present its annual report and country visit report to Bhutan on 13 September.
  • The Special Rapporteur on the rights of indigenous peoples will present her annual report and country visit reports to Ecuador and Timor-Leste on 18 September. The Council will also consider during the same debate three reports of the Expert Mechanism on the Rights of Indigenous Peoples.

Country-specific developments

China: The harassment, surveillance, and mass detention of more than one million Uyghurs and other Turkic Muslims in the People’s Republic of China continues to be the most pressing issue with regards to China for the international community to address.

At the same time, China has continued its crackdown on human rights activists: Jiang Tianyong a victim of reprisals for his engagement with UN experts, has been ‘free’ for six months, but remains under heavy-handed surveillance. Citizen journalist Huang Qi was sentenced to 12 years, despite serious health concerns.[https://humanrightsdefenders.blog/2019/07/30/chinas-cyber-dissident-huang-qi-get-12-years-jail/]. Grassroots activist Ji Sizun died in custody [https://humanrightsdefenders.blog/2019/07/15/in-memoriam-chinese-human-rights-defender-ji-sizun/] while Chen Jianfang, recipient of the Cao Shunli award, is being held incommunicado in an unknown location. [https://humanrightsdefenders.blog/2016/02/12/cao-shunli-a-profile-and-new-award-in-her-name/]

Saudi Arabia: The September session provides an invaluable opportunity for the Council and States to follow up on the joint statement delivered on behalf of 36 States by Iceland [https://humanrightsdefenders.blog/2019/07/22/why-iceland-led-the-un-resolution-on-the-philippines/] During the June session, a broad range of cross-regional States called for accountability and guarantees of non-recurrence during the discussion of the Special Rapporteur on extrajudicial, summary or arbitrary executions’ report on the killing of Saudi journalist Jamal Khashoggi

ISHR calls on States to advancing a HRC resolution establishing a monitoring mechanism over the human rights violations in the country and calling explicitly for the immediate and unconditional release of the detained Saudi women human rights defenders and to drop all charges against them.

Egypt: ISHR remains deeply concerned about the situation of human rights defenders in Egypt ..ISHR recalls that defenders who engaged with Egypt’s UPR in 2014 have since then faced travel bans, closure of NGOs, assets freezing, and are facing up to 25 years imprisonment in the ‘NGO Foreign Funding case no. 173.’ ISHR also recalls that individuals and communities who engaged with the Special Rapporteur on the right to housing during her visit in September 2018 faced systematic reprisals. [see also: https://humanrightsdefenders.blog/2019/08/21/un-pulls-anti-torture-conference-from-egypt-to-seek-other-regional-venue/]

Venezuela: Several Venezuelan human rights organisations and international NGOs think  are calling on States to create an investigation. On 10 September, the High Commissioner is scheduled to provide an update to the Council, as a follow up to her report delivered in July. She is expected to outline further deterioration in the situation in the country.

Burundi: The Commission of Inquiry on Burundi will present its oral briefing on 17 September. Burundi continues to refuse to cooperate with the Council’s mechanisms. ISHR calls on States to renew the mandate of the Commission of Inquiry.

The Burundian Government suspended one of the last remaining independent civil society organisations (PARCEM), suspended the operating license of the Voice of America, revoked the license of the BBC, and forced at least 30 international non-governmental organisations to cease their activities. On 17 July 2019, the Ntahangwa Court of Appeal upheld the 32-year prison sentence against HRD Germain Rukuki. [see also: https://humanrightsdefenders.blog/2019/03/29/ngo-statement-condemns-new-irregularities-in-the-case-of-germain-rukuki-burundi/]

Interactive dialogue with the Special Rapporteur on Myanmar and the international fact-finding mission on the situation of human rights of Rohingya Muslims and other minorities in Myanmar on 17 September as well as the presentation of the report of the Independent Investigative Mechanism on Myanmar on 10 September. Among other things, the FFM sheds light on the economic interests of Myanmar’s military and the strong connections between the Tatmadaw and businesses and investors.

Enhanced interactive dialogue on the report of the High Commissioner on the human rights situation in Nicaragua on 10 September

Interactive dialogue on the oral update by the Commission on Human Rights in South Sudan on 16 September

Interactive dialogue on the updated written report of the Commission of Inquiry on Syria on 17 September

Interactive dialogue with the High Commissioner on the situation of human rights in Ukraine on 24 September

Interactive dialogue with the High Commissioner on the situation of human rights in Libya on 25 September

Adoption of Universal Periodic Review (UPR) reports: During this session, the Council will adopt the UPR working group reports on – inter alia – Albania, Côte d’Ivoire, the Democratic People’s Republic of Korea, the Democratic Republic of the Congo, Equatorial Guinea, Ethiopia, Nicaragua, and Qatar.  ISHR supports human rights defenders in their interaction with the UPR. It publishes briefing papers regarding the situation facing human rights defenders in some States under review. This session of the Council will provide an opportunity for the Democratic Republic of the Congo and Côte d’Ivoire to accept recommendations made in relation to human rights defenders, as proposed in ISHR’s briefing papers.

Council programme, appointments and resolutions

The President of the Human Rights Council has proposed a candidate for the mandate of the Independent Expert on the situation of human rights in the Central African Republic.

At the organisational meeting the following resolutions were already announced (States sponsoring the resolution in brackets) which are especially relevant to HRDs :

  1. Arbitrary detention (mandate renewal, France)
  2. Technical assistance and capacity-building for Yemen in the field of human rights (Arab Group)
  3. Contemporary forms of slavery (mandate renewal, United Kingdom)
  4. Cooperation with the United Nations, its representatives and mechanisms in the field of human rights – ‘the reprisals resolution’ (Fiji, Ghana, Hungary, Ireland, Uruguay).
  5. Human rights and indigenous peoples (mandate renewal of the SR, Guatemala, Mexico).
  6. Human rights and indigenous peoples (Guatemala, Mexico).
  7. Promoting international cooperation to support national human rights follow-up systems, processes and related mechanisms (Brazil, Paraguay).
  8. The question of the death penalty (Belgium, Benin, Costa Rica, France, Mexico, Mongolia, Republic of Moldova, Switzerland).
  9. World program on human rights education and training (Slovenia)
  10. Technical cooperation and capacity building in the field of human rights (Brazil, Honduras, Indonesia, Morocco, Norway, Qatar, Singapore, Thailand, Turkey).
  11. Human rights situation in Yemen (Belgium, Canada, Ireland, Luxembourg, Netherlands)
  12. The human rights situation in the Syrian Arab Republic (France, Germany, Italy, Jordan, Kuwait, Morocco, Netherlands, Qatar, Turkey, United Kingdom of Great Britain and Northern Ireland)
  13. Situation of human rights in Burundi (European Union)
  14. Advisory services and technical assistance for Cambodia (Japan)
  15. The right to privacy in the digital age (Brazil, Austria, Germany, Lichtenstein, Mexico)
  16. Assistance to Somalia in the field of human rights (Somalia, United Kingdom)
  17. Technical assistance and capacity-building to improve human rights in the Sudan (African Group)
  18. The human rights situation in Venezuela (Argentina, Canada, Chile, Colombia, Costa Rica, Guatemala, Guyana, Honduras, Mexico, Paraguay, Peru)
  19. Situation of human rights of Rohingya Muslims and other minorities in Myanmar (the Organization of Islamic Cooperation)

——

https://www.ishr.ch/news/hrc42-key-issues-agenda-september-2019-session

 

Human rights defenders of minorities having a hard time in the UN finds UNPO

July 19, 2019

On 17 July 2019 the Unrepresented Nations and Peoples Organization (UNPO) is launched a report, Compromised Space: Bullying and Blocking at the UN Human Rights Mechanisms, with its partners at the University of Oxford and Tibet Justice Centre which details how China, Russia, Iran and other repressive regimes are manipulating the United Nations Human Rights System to block and attack those seeking to hold them accountable for gross human rights violations perpetrated against minorities, indigenous communities and other unrepresented peoples…

The report is based on three years of study conducted by the UNPO and its partners at the University of Oxford and the Tibet Justice Center, supported by the UK’s Economic and Social Research Council. It is based largely on interviews and testimonies from 77 human rights defenders working on behalf of minorities, indigenous communities and other people living in nation states whose political systems do not create governance structures representative of all. It identifies a systemic attack on the United Nations human rights system by these governments, led largely by China, Russia and Iran, designed to shield them from accountability for human rights violations and crimes against humanity. This includes efforts to deny civil society groups participatory status at the UN (so called “ECOSOC status”), to bully and block them when they are able to access the UN, to crowd out the UN space with “GONGOs” – government-sponsored organisations posing as NGOs – and to harass, intimidate and take reprisals against activists and their families, whether at home or abroad.

Among the indicative findings of the report are the facts that:

China has regularly detained or imprisoned activists from its Southern Mongolian, Uyghur and Tibetan communities who have sought to travel to the UN, with such success that, for example, no Tibetan from Tibet who is acting independently of the Chinese government has ever managed to leave Chinese- occupied Tibet to testify at the UN in Geneva or New York, and then return safely;

Russia, in order to shield itself from accountability for its crimes in Russian-occupied Crimea, has asked for rules of participation in forums, such as the UN Minority Forum, to be changed to restrict NGO participation to groups acceptable to Russia, and its Crimea occupation authorities have attacked Crimean Tatar activists and destroyed or confiscated their passports in order to prevent their travel;

Iran regularly engages in practices designed to intimidate activists from their minority communities, even while they are operating within the United Nations buildings, and have taken out reprisals against the family members of these activists still living within the Islamic Republic of Iran.

The story of Dolkun Isa, President of the World Uyghur Congress and Vice President of the UNPO, is indicative of all of these actions. Mr. Isa and his organization have regularly been denied ECOSOC status at the United Nations, his access to the UN buildings and events have been restricted due to Chinese demands, he and his supporters have been followed and harassed in the UN building, his mother was held in China’s anti-Muslim concentration camps as a result of his work and for many years his ability to travel freely around the world was frustrated by Chinese efforts to involve European and other states in his persecution by falsely labelling him a “terrorist”.

Reacting to the launch of the report, UNPO’s General Secretary, Ralph Bunche, stated that “the report presents the disturbing finding that the United Nations Human Rights system, which is the only outlet for many peoples living under repressive regimes to seek accountability for crimes committed against them, is being systemically undermined by perpetrator regimes. Unfortunately, democratic states are not doing nearly enough to push back against this phenomenon and in some instances are even adopting the conduct that we see from the repressive states. The withdrawal of the USA from the UN’s Human Rights Council has certainly not helped matters, but other states are simply not doing enough to counter this problem and protect human rights defenders.

DOWNLOAD THE FULL REPORT HERE

https://unpo.org/article/21583

Even Eritrean human rights defenders abroad are not safe

June 27, 2019

Amnesty International published on 27 Jun 2019 a report called “Eritrea: Repression without borders – Threats to human rights defenders abroad

On 12 October 2018 the UN General Assembly elected Eritrea to be one of 47 member states of the UN Human Rights Council (UNHRC), despite its appalling human rights record. UNHRC membership comes with certain commitments, including the requirement to “uphold the highest standards in the promotion and protection of human rights, [and to] fully cooperate with the Council […]”. The Eritrean government falls far short of these requirements in practice – both domestically and internationally. This briefing highlights the routine and widespread use of harassment and threats by the Eritrean government and its supporters against Eritrean human rights defenders. See also: https://humanrightsdefenders.blog/2017/05/04/eritrean-born-journalist-dawit-isaak-awarded-2017-unescos-guillermo-cano-world-press-freedom-prize/

https://reliefweb.int/report/eritrea/eritrea-repression-without-borders-threats-human-rights-defenders-abroad

Guide to Human Rights Defenders issues at the 41st Human Rights Council starting on 24 June

June 14, 2019

Thanks to the – as always very complete and timely – “Alert to the Human Rights Council’s 41st session” (from 24 June to 12 July 2019) issued by the International Service for Human Rights. I am able to give a short guide to the main items that relate to human rights defenders. To Read the full Alert to the session online click here and stay up-to-date with @ISHRglobal and #HRC41 on Twitter.

Thematic areas of interest:

Sexual orientation and gender identity: The interactive dialogue with the Independent Expert on protection against violence and discrimination on the basis of sexual orientation and gender identity (SOGI) will be held on Monday 24 June at 11:00. The Council will consider the new thematic report of the mandate holder as well as the report of the country visits he made to Georgia and Mozambique. The Council will also consider the renewal of the mandate.

Business and human rights: The Council will hold an interactive dialogue with and consider several reports of the Working Group on the issue of human rights and transnational corporations and other business enterprises on 26 June. The Working Group will present a report on the gender dimensions of the Guiding Principles on Business and Human Rights and the reports of country visits to Thailand and Kenya. The Working Group’s report on the gender dimensions of the Guiding Principles integrates clear recognition that women human rights defenders play a vital role in challenging business-related human rights abuses as well as in promoting and protecting human rights in relation to business activity, including the right to an effective remedy. As a result of this work, women human rights defenders often face gender-specific risks including sexual violence, misogynist public shaming and online harassment. Among its recommendations, the Working Group calls on business enterprises to ensure the meaningful participation of women’s organisations, women human rights defenders and gender experts in all stages of human rights due diligence.

Women human rights defenders and women’s rights: The annual full day discussion on the human rights of women will take place on 27 and  28 June. The discussions will focus this year on violence against women in the world of work, the rights of older women and their economic empowerment. A panel focused on women’s rights and climate change will also be organised, focusing on climate action, best practices and lessons learned. States should place due consideration on the role of women human rights defenders and social movements in this regard, in line with the Human Rights Council resolution focused on environmental human rights defenders adopted in March 2019…
The Council will also hold an interactive dialogue with the Working Group on the issue of discrimination against women in law and in practice which focuses on women deprived of liberty (including women human rights defenders in detention, facing travel bans, among other situations), and will consider their reports including a report on the country visits to Honduras and Poland. The Council will hold an interactive dialogue with the Special Rapporteur on violence against women, its causes and consequences on 27 June and will consider her report including the report of her visits to Canada and Nepal.

Reprisals:  In spite of a number of measures, reprisals not only continue, but grow. Item 5 of the Human Rights Council’s agenda provides a key opportunity for States to raise concerns about reprisals, including specific cases, and for relevant governments to provide updates on cases to the Council on any investigation or action taken toward accountability. 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. 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. [see also: https://humanrightsdefenders.blog/2019/05/13/ishr-on-reprisals-un-and-states-must-do-more-to-address-reprisals/]

Other key thematic reports: The Council will hold dedicated debates and consider reports of several mandates relating to civil, political, economic, social and cultural rights, and the role of human rights defenders in that work area, in some instances involving the renewal of the mandate:

  • The Special Rapporteur on independence of judges and lawyers and on the right to health (including country visits report to Canada and Kyrgyzstan) on 24 June
  • The Special Rapporteur on the rights to freedom of peaceful assembly and association (mandate renewal, reports include country visits to Tunisia and Armenia) on 25 June
  • The Special Rapporteur on extrajudicial, summary or arbitrary executions and right to education on 26 June
  • The Special Rapporteur on freedom of opinion and expression (including thematic report on surveillance companies and country visit report to Ecuador) on 25 June
  • The Special Rapporteur on extreme poverty and human rights (including country visits reports to the UK and Laos) on 28 June

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

  • The Special Rapporteur on the human rights of migrants (and country visit report to Niger) on 24 June
  • The Special Rapporteur on the human rights of internally displaced persons on 28 June (mandate renewal)
  • The Special Rapporteur on trafficking in persons (and country visit to Nigeria) on 27 June
  • The Special Rapporteur on the elimination of discrimination against persons affected by leprosy and their family members on 24 June

Country-specific developments:

China: For more than a year, the international community has had access to credible reports and first-hand testimony of the harassment, surveillance, and mass detention of more than one million Uyghurs and other Turkic Muslims in Xinjiang. Despite the consistent work of the UN human rights mechanisms to review China, ask questions, and make recommendations, there has been no serious or effective response. The Council should take urgent action to seek access, monitoring and reporting of the situation to inform future actions. ..ISHR urges States to act collectively to advance a resolution calling for China to allow access to the region to independent human rights experts and to end country-wide the arbitrary detention of individuals based on their religious beliefs or political opinions.

Sudan: In response to the gross and systematic human rights violations occurring in Sudan, ISHR andother NGOs have urged Council Member States to urgently hold a Special Session on the human rights situation in Sudan. The Council should urgently establish an international fact-finding mission to document violations, identify perpetrators and push for accountability, in line with calls made by a group of Special Procedures including the Independent Expert on Sudan. Since 3 June, Rapid Security Forces, riot police and national security officers violently dispersed peaceful protesters in Khartoum as well as in different cities across Sudan. The MENA Women Human Rights Defenders’ Coalition reported that at least 113 people have died including women human rights defenders. Civil society documented cases of rape, attacks on hospitals, with hundreds injured and missing.  The Transitional Military Council is enforcing a ban on communication causing an internet black out. The High Commissioner has deplored the killings and proposed ‘the rapid deployment of a UN human rights monitoring team’ to Sudan.

Saudi Arabia: The June session provides an important opportunity for the Council to follow up on the joint statement delivered on behalf of 36 States [see: https://humanrightsdefenders.blog/2019/03/08/saudi-arabia-for-first-time-openly-criticized-in-un-human-rights-council/] .. Seven women’s rights activists have been provisionally released, but they are still facing trial, and other women human rights defenders are still in detention, with the human rights situation on the ground deteriorating markedly on other fronts, including through increased use of the death penalty and the authorities’ continuing crackdown on freedom of expression.  [see also: https://humanrightsdefenders.blog/2019/03/28/3-saudi-women-human-rights-defenders-released-but-for-how-long-and-what-about-the-others/]
The Special Rapporteur on extrajudicial, summary or arbitrary executions will present her findings of the investigation into the killing of Khashoggi. [see: https://humanrightsdefenders.blog/2019/01/26/other-members-of-the-uns-khashoggi-investigation-team-named/%5D…..ISHR calls on States to advance a Human Rights Council resolution establishing a monitoring mechanism over the human rights violations in the country and calling explicitly for the immediate and unconditional release of all human rights defenders including the detained women human rights defenders and to drop all charges against them, including those provisionally released. ISHR considers the March joint statement as a first step towards more sustained and dedicated review by the Council in its efforts to hold its members accountable.

The Philippines: The Philippines is one of the most dangerous countries for human rights defenders. Several NGOs callied on the Council to advance accountability for human rights violations by adopting a resolution establishing an independent international investigation into extrajudicial killings and this call was strongly endorsed by a group of independent UN experts who condemned a ‘sharp deterioration in the situation of human rights across the country, including sustained attacks on people and institutions defending human rights.’ [see also: https://humanrightsdefenders.blog/2019/06/07/philippines-labour-rights-defender-dennis-sequena-shot-dead-while-meeting-with-workers/]

Egypt: Despite the Egyptian government’s assurances to the African Commission civil society faced restrictions, reprisals and intimidation for engaging or seeking to engage with the Commission. These restrictions and reprisals happened in a context where the Government of Egypt crushes dissent, discourages public participation in public affairs and punishes people who dare to claim basic human rights. Individuals and communities who engaged with the Special Rapporteur on the right to housing during her visit in September 2018 faced systematic reprisals. All other scheduled visits by the Special Procedures have been postponed as a result. [see: https://humanrightsdefenders.blog/2018/12/07/egypt-denounced-for-reprisals-against-human-rights-defenders-who-talked-to-visiting-un-delegation/ and https://humanrightsdefenders.blog/2019/05/12/reprisal-against-egyptian-human-rights-defender-mohamed-soltan/]. ISHR calls on States to condemn the acts of intimidation and reprisals for civil society engaging with the African Commission and with the Special Procedures, and recall Egypt’s obligations to prevent acts of intimidation and reprisals, investigate the allegations and provide victims with effective remedy.

Burundi: The Commission of Inquiry on Burundi will present its oral briefing on 2 July. The closing of the office of the High Commissioner for Human Rights is regrettable and worrying. In addition, ISHR remains seriously concerned over the breaches to due process observed in all of human rights defender Germain Rukuki’s legal proceedings since his arrest without warrant on 13 July 2017. [See: https://humanrightsdefenders.blog/2019/03/29/ngo-statement-condemns-new-irregularities-in-the-case-of-germain-rukuki-burundi/]. For more information on the situation of human rights defenders in Burundi, check ISHR Briefing Paper for the UPR here.

Other country situations: The High Commissioner will present her oral update to the Council on 24 June. The Council will hear 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 Special Rapporteur on the human rights situation in Belarus (mandate renewal) on 1 July
  • Interactive dialogue with the Special Rapporteur on the human rights situation in Eritrea (mandate renewal) on 2 July
  • Interactive dialogue with the Commission of Inquiry on Syria, the Commission of Inquiry on Burundi and the Special Rapporteur on Myanmar on 2 July
  • Enhanced interactive dialogue with the government of Sudan and OHCHR on 9 July
  • Enhanced interactive dialogue on the situation in the Democratic Republic of Congo and interactive dialogue with the team of experts on the situation in the Kasai region on 9 July
  • Interactive dialogue with the High Commissioner on the situation in Ukraine on 10 July
  • Interactive dialogue with the Independent Expert on the Central African Republic on 10 July
  • Enhanced interactive dialogue on the report of the High Commissioner on Venezuela on 10 July
  • Interactive dialogue with the High Commissioner on the situation of Rohingya Muslims and other minorities in Myanmar on 10 July
  • First oral update and enhanced interactive dialogue on the report of the High Commissioner on Nicaragua on 11 July
  • Oral update by the High Commissioner on cooperation with Georgia on 11 July

Adoption of Universal Periodic Review (UPR) reports: During this session, the Council will adopt the UPR working group reports on New Zealand, Afghanistan, Chile, Viet Nam, Uruguay, Yemen, Vanuatu, North Macedonia, Comoros, Slovakia, Eritrea, Cyprus, Dominican Republic and Cambodia.

Resolutions to be presented to the Council’s 41st session: At the organisational meeting resolutions were announced (States sponsoring the resolution in brackets); it is possible that more resolutions could be presented at this session. These include:

  • The human rights situation in Belarus (European Union)
  • Human rights of internally displaced persons (Austria, Honduras, Uganda)
  • Human rights and climate change (Bangladesh, Philippines, Viet Nam)
  • Human rights, sexual orientation and gender identity (Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico, Uruguay).
  • Elimination of discrimination against women and girls (Colombia, Mexico)
  • Rights to freedom of peaceful assembly and of association (Czech Republic, Indonesia, Lithuania, Maldives, Mexico)
  • New and emerging and digital technologies and human rights (Republic of Korea, Austria, Brazil, Denmark, Morocco, Singapore)
  • Accelerating efforts to eliminate all forms of violence against women(Canada)
  • The human rights situation in Syria (France, Germany, Italy, Jordan, Kuwait, Morocco, Netherlands, Qatar, Turkey, United Kingdom of Great Britain and Northern Ireland)

There wil be again many side events at the Council, on which I will report separately.

Read here the three year programme of work of the Council with supplementary information.
Read here ISHR’s recommendations on the the key issues that are or should be on the agenda of the UN Human Rights Council in 2019.

ISHR on Reprisals: UN and States must do more to address reprisals

May 13, 2019

On 6 May 2019 the International Service for Human Rights (ISHR) submitted two reports to the UN Secretary General on the topic of reprisals against human rights defenders. The conclusion is that many defenders still face unacceptable risks and are unable to cooperate safely with the UN and regional human rights bodies and mechanisms. The reports were prepared in response to the call made by the United Nations High Commissioner for Human Rights inviting representatives of civil society to provide information on preventing and addressing acts of intimidation and reprisals related to cooperation with the United Nations. This blog has devoted many posts to this nefarious issue, see e.g.: https://humanrightsdefenders.blog/tag/reprisals/

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