Posts Tagged ‘reprisals’

Human Rights House Foundation developed major new tool kit “Rights of Defenders”

December 18, 2018

“Rights of Defenders” aims to promote understanding of international standards that protect and empower human rights defenders. The project is inspired by the 20th anniversary year of the landmark 1998 Declaration on Human Rights Defenders.

For implementation of international standards to be effective, it is essential that human rights defenders know and understand their rights. The Rights of Defenders project promotes and builds understanding of international standards and provides clear, accessible, and targeted insight into the standards and the context that surrounds them. As part of the project, HRHF has developed tools and resources for defenders to disseminate standards nationally, engage with authorities and hold them accountable to the commitments they make internationally, and initiate national conversations on the importance of defenders and their work.

The Rights of Defenders resources – developed by Human Rights Houses and HRHF – promote and build an understanding of international standards and provide clear, accessible, and targeted insight into the standards and the context that surrounds them. The aim is to provide resources to help defenders to disseminate standards nationally, engage with authorities and hold them accountable to the commitments they make internationally, and initiate national conversations on the importance of defenders and their work.

These resources are currently available in English, Russian, and Georgian. Human Rights Houses and HRHF are in the process of translating the booklet and other related materials into other languages. These will be published on this page when available. We currently expect translations into Armenian, Croatian, Tatar, and Ukrainian.

The Rights of Defenders booklet is divided into 16 standards, inspired by the strong content of landmark resolutions on human rights defenders and their work, adopted at the United Nations and Council of Europe. It condenses the main points of each standard as outlined in the resolutions. The standards confer both positive and negative obligations – whether it is action or refraining from an action. They are illustrated in red or green respectively to illustrate these obligations. The booklet also provides analysis to inform the interpretation and implementation of these standards. This is inspired by the commentary of experts such as UN Special Rapporteurs and by the experience of HRHF and Human Rights Houses in Western and Eastern Europe, Balkans, and the Caucasus. Further, to give context, the booklet outlines the trends affecting each standard and provides recommendations for their implementation.

Download the Rights of Defenders booklet.

References and sources In most cases, defenders may only need the main points of each standard together with analysis and context, as provided in the booklet. Yet there may be other occasions that require more detailed information. Our companion document provides sources and in-depth referencing to the full language of the resolutions.

Download the Rights of Defenders companion document of references and sources.

Poster

The Rights of Defenders poster promotes the 16 international standards outlined in the booklet. It aims to help promote and raise awareness of these standards.

Download the Rights of Defenders poster

Postcards

The Rights of Defenders postcards are a tool to promote and raise awareness of the standards that are most relevant to a particularly country or situation. They are designed to be printed A6, but also work at other sizes. Postcards with five of the most prominent standards are available to download below, though on request we can provide postcards for any of the 16 standards featured in the booklet.

Download postcards for:

Contact

Doriane Anfrie
PROJECT COORDINATOR
Languages: English, French, Spanish
For some of my earlier posts on the HRHF: https://humanrightsdefenders.blog/tag/hrhf/

Human Rights Day 2018: just an anthology

December 10, 2018

There is so much going on on this day – International Human Rights Day – that I can only give a cursory overview of some highlights in 2018 like I did in previous years [see e.g. https://humanrightsdefenders.blog/2016/12/09/sampling-international-human-rights-day-2016-be-a-human-rights-defender/, and https://humanrightsdefenders.blog/2017/12/11/human-rights-day-2017-in-asia-mind-the-gap/]. Here is my selection of 10: Read the rest of this entry »

Egypt denounced for reprisals against human rights defenders who talked to visiting UN delegation

December 7, 2018

On 5 December 2018, the North Africa Post reports that two United Nations rights experts have denounced the Egyptian government for its reprisals against human rights defenders who dared to talk to a visiting UN delegation that was enquiring on housing in the North African country a month ago. The reprisals included housing demolitions and arbitrary arrests, against human rights defenders and others.

Special Rapporteur on the right to housing, Leilani Farha, said she had been “shocked” by Egyptian reprisals against the Egyptian human rights defenders she met during her visit. Egypt “failed to adhere” to the assurances it provided to her, that “no person would be harassed, intimidated or subjected to reprisal for meeting or providing information” to her – or others in her official delegation, a UN press release said on Tuesday.

I am shocked that after my mission a number of families from two communities I visited have suffered forced eviction contrary to international human rights law,” she was quoted as saying in the press release. According to the Special Rapporteur, several multi-storey houses have been demolished, furniture thrown into the street, and residents made homeless. Reportedly, adequate notice was not provided to victims, or any compensation, or new accommodation. Excessive force was also allegedly used by security forces against residents when they refused to leave their homes.

Among those targeted were several houses and apartments belonging to family members of community leaders with whom I met while I was on official mission,” said Ms. Farha.

Also voicing concern over the reprisals, Michel Forst, the UN Special Rapporteur on human rights defenders said that the alleged incidents represented a worrying pattern against individuals and communities directly related to Ms. Farha’s visit. [see also: https://humanrightsdefenders.blog/2018/11/06/19-missing-human-rights-defenders-in-egypt/]

Human rights defenders and lawyers working on the right to housing also reported that they have been followed and photographed by persons unknown to them, to have received anonymous and threatening phone calls, or have been summoned to report at police offices for interrogation,” he said, adding that one lawyer Ms. Farha had met, was subsequently slapped with a travel ban. In early November, the two human rights experts raised their concerns and sought clarification regarding the alleged forced evictions and reprisals with the Egyptian Government. They have not yet received an official reply, the UN press release said.

For some of my earlier posts on reprisals: https://humanrightsdefenders.blog/tag/reprisals/

http://northafricapost.com/26594-egypt-forced-evictions-other-reprisals-slap-human-rights-defenders-un-expert.html

General Assembly 2018: Human Rights Defenders were a main dish on 23 October

November 7, 2018

On 26 October 2018, the ISHR reported on how the General Assembly addressed the 20th anniversary of the Declaration on Human Rights Defenders. Special Rapporteur Michel Forst delivered a detailed reflection and assessment of global protection efforts in his report to the General Assembly this week.

On 23/24 October, the Special Rapporteur on the situation of human rights defenders, Michel Forst, called the international community to action, urging open and frank dialogue and solidarity to address oppression. He addressed the UN General Assembly’s Third Committee and engaged in a dialogue on his report to the General Assembly.

In light of the 20th anniversary of the Declaration on Human Rights Defenders, his report focused on effective implementation strategies, incorporating both a reflection of progress made over the past two decades and an overview of recommendations on how to improve systems and mechanisms moving forward. ‘The past 20 years have been an era of struggle for human rights. Victories have been hard fought and challenges have proliferated,’ the Special Rapporteur said in his report. ‘The celebration of this milestone must be tempered by a recognition of the sacrifices of human rights defenders, their families and their communities.’

After surveying 140 States, the Special Rapporteur addressed the following key matters: the evolution of the use of the term ‘human rights defenders’, mechanisms and practices to support them and legal/ administrative frameworks to protect them. “20 years ago, the Declaration laid the groundwork for the protection of human rights defenders and amplified the importance of their inclusion as a stakeholder in human rights initiatives, but there is still work to be done,” said ISHR’s Legal Counsel Tess McEvoy.

Several States voiced their support for the report and the mandate, including Spain, Iceland, Canada, Australia, EU, Poland, Ireland, Switzerland, Mexico, Liechtenstein, Estonia, Czech Republic, Colombia, France, Slovenia, Norway, US, Belgium and the United Arab Emirates.

The United States referenced the Secretary General’s report on reprisals highlighting attacks and intimidation against defenders in more than 38 countries, saying they are ‘alarmed and monitoring all allegations.’ The US then proceeded to list over 20 specific names of individuals from 14 different countries who are victims of such reprisals. These include:

Both China and Iran criticised the report on the basis that defenders, activists and social leaders do not deserve ‘special treatment’ regardless of the risks these individuals face. Cuba rejected any attempts to paint political prisoners as human rights defenders. The Russian Federation challenged the notion of ‘State obligation’ on the basis that the Declaration of Human Rights Defenders is a non-binding document. In response to the Russian Federation’s point on the non-obligatory nature of the Declaration of Human Rights, the Special Rapporteur swiftly reminded States that while the Declaration is non-binding it reaffirms other legally binding human rights obligations.

The Special Rapporteur concluded with a call to action at the upcoming Human Rights Defenders World Summit in Paris, where a statement will be prepared, including for presentation at the upcoming high-level event on defenders at the General Assembly.

The Special Rapporteur also referenced a document—outlining the results of his global survey on defenders in 140 countries—which he hoped would be published on the OHCHR website without further delay. He invited supporters of the mandate to inform OHCHR of the need to disseminate the report via the OHCHR website.

The Special Rapporteur referenced the study being prepared by the UN Secretary-General in efforts to protect global defenders. The report of this study will be shared with States in the coming weeks. The Special Rapporteur also voiced concern about the lack of NGO access to the UN and asked members of the Committee on NGOs to invite him in to engage with the Committee.

The Special Rapporteur concluded by saying that his report to the Human Rights Council in March 2019 will focus on the situation of women defenders.

https://www.ishr.ch/news/ga73-un-expert-defenders-reflects-20-years-struggle-progress-and-remaining-challenges

For earlier posts on the anniversary: https://humanrightsdefenders.blog/tag/20th-anniversary-un-declaration-on-hrds/

No naming and shaming on reprisals at 39th Human Right Council session

October 5, 2018

On my ‘favorite’ topic of reprisals [see e.g.: https://humanrightsdefenders.blog/tag/reprisals/ ] the ISHR reported that for the first time, the Human Rights Council had a chance to have a dialogue on the Secretary-General’s annual report on reprisals on 20 September 2018. Civil society had hoped States would seize this opportunity to denounce States carrying out reprisals against defenders engaging with the UN. Regrettably only one State, Germany, made explicit reference to a case of reprisal in the report. ‘We welcome in particular Germany’s intervention in the dialogue, citing the case of Egyptian lawyer Ibrahim Metwally, detained since October 2017 by the Egyptian authorities’, said Salma El Hosseiny, ISHR Human Rights Council Advocate. ‘This is precisely what we need more of—States having the courage and conviction to stand up for defenders and call out countries that attack and intimidate them. What we see now is defenders dissuaded from engaging because the cost is too high. What we need is for States to turn away from repression and attacks, because the cost to them is too high’.

The senior official on reprisals, Andrew Gilmour [https://humanrightsdefenders.blog/tag/andrew-gilmour/], presented the Secretary-General’s annual report on reprisals during the first ever interactive dialogue with the Human Rights Council. The report catalogues 45 new cases of reprisals, ranging from travel bans and smear campaigns to arbitrary arrests and detention, inhuman treatment, torture, and killing. The ASG made it clear in his presentation that reported cases are just the ‘tip of the iceberg’ and spoke of three significant trends:

(1) the systematic denigration of human rights defenders and civil society organizations as “terrorists”;

(2) reprisals often being disguised as legal, political and administrative measures; and

(3) the use of accreditation and security procedures to hinder people from speaking out at UN headquarters and elsewhere.

ISHR delivered a statement during the session citing cases of reprisals against Chinese defenders not included in the report—Wang Qiaoling, Li Wenzu, Cao Shunli, and Uyghur activist Dolkun Isa—and calling for systematic follow-up by the Council on cases in the report.

We are especially concerned, once again, about the high number of Council Members or candidates for Council membership cited in the report, including: Bahrain, Burundi, Cameroon, China, Cuba, Democratic Republic of Congo, Egypt, Hungary, India, Iraq, Japan, Kyrgyzstan, Mexico, Pakistan, Philippines, Rwanda, Saudi Arabia, United Arab Emirates, and Venezuela,’ said El Hosseiny.

Half of the States cited in the report intervened during the dialogue to deny the allegations against them. While a significant number of States engaging in the dialogue supported the mandate to varying degrees and asked the ASG what could be taken to strengthen it, another group questioned the ASG’s methodology. Still others firmly opposed the work of the ASG on reprisals, including China and Cuba. China said it ‘regrets and objects’ to the report and the mechanism, and its use of ‘unproven information’, which it deems an interference with its sovereignty.

A side event organised by ISHR following the dialogue highlighted the urgent need to improve both the physical and digital security of defenders at risk of reprisals, and for States and the OHCHR to take a stronger position on this issue at a time when powerful States are threatening the UN system and its core values. ISHR in particular noted its disappointment with the low number of States in the dialogue that took due note of the allegations in the report, as opposed to attacking the methodology of the report and the reliability of the information.

Watch the statement here: 

Read ISHR’s full statement to the Council here.

https://www.ishr.ch/news/hrc39-l-states-largely-decline-cite-specific-cases-during-councils-first-discussion-reprisals

In spite of or because of the US’ absence, the 39th Human Rights Council considered a relative success

September 29, 2018

Civil society organisations welcomed significant outcomes of the Human Rights Council’s 39th session, including the creation of independent investigative mechanism on Myanmar, the renewal of the mandate of the Group of Eminent Experts on Yemen and the Commission of Inquiry on Burundi, and a dedicated space on the Council’s agenda in 2019 to discuss the human rights situation in Venezuela. [see alsohttps://humanrightsdefenders.blog/2018/09/08/many-hrd-issues-at-the-39th-session-of-the-un-human-rights-council/]

In a joint statement, several NGOs (ISHR The African Centre for Democracy and Human Rights Studies (ACDHRS), Amnesty International, Article 19, Center for Reproductive Rights. CIVICUS, DefendDefenders, FIDH, Forum Asia, Human Rights House Foundation (HRHF), Human Rights Watch, International Commission of Jurists) welcomed the Council’s adoption of landmark resolutions on several country situations:

On Myanmar, the creation of the independent investigative mechanism is an important step towards accountability for the horrific crimes committed in Myanmar, as elaborated in the Fact Finding Mission’s report to this session. The overwhelming support for the resolution, notwithstanding China’s shameful blocking of consensus, was a clear message to victims and survivors that the international community stands with them in their fight for justice. 

On Yemen, the Council demonstrated that principled action is possible, and has sent a strong message to victims of human rights violations in Yemen that accountability is a priority for the international community, by voting in favor of renewing the mandate of the Group of Eminent Experts to continue international investigations into violations committed by all parties to the conflict. 

Furthermore, the leadership by a group of States, including Latin American countries, on the landmark resolution on Venezuela, was as an important step for the Council applying objective criteria to address country situations that warrant its attention. The resolution, adopted with support from all regions, sends a strong message of support to the Venezuelan people. By opening up a space for dialogue at the Council, the resolution brings scrutiny to the tragic human rights and humanitarian crisis unfolding in the country.  

The renewal of the mandate of the Commission of Inquiry (CoI) on Burundi will enable it to continue its critical investigation and work towards accountability. However, the Council failed to respond more strongly to Burundi’s record of non-cooperation and attacks against the UN human rights system. [see alsohttps://humanrightsdefenders.blog/2016/10/26/enough-is-enough-ngos-call-for-burundi-suspension-from-un-human-rights-council/]

The Council also adopted a resolution on Syria, which among other things condemns all violations and abuses of international human rights law and all violations of international humanitarian law committed by all parties to the conflict.

However, on other country situations including China, Sudan, Cambodia and the Philippines, the Council failed to take appropriate action. 

On Sudan, the Council adopted a weak resolution that envisions an end to the Independent Expert’s mandate once an OHCHR office is set up; a “deal” Sudan has already indicated it does not feel bound by, and which is an abdication of the Council’s responsibility to human rights victims in Sudan while grave violations are ongoing. At a minimum, States should ensure the planned country office monitors and publicly reports on the human rights situation across Sudan, and that the High Commissioner is mandated to report to the Council on the Office’s findings.  

The Council failed to take action on the Philippines, in spite of the need to establish independent international and national investigations into extrajudicial killings in the government’s ‘war on drugs’, and to monitor and respond to the government’s moves toward authoritarianism. 

In addition, the Council continued with its weak response to the deepening human rights and the rule of law crisis in Cambodia, failing to change its approach even when faced with clear findings by the Special Rapporteur demonstrating that the exclusive focus on technical assistance and capacity building in the country, is failing.

Many States, NGOs and the High Commissioner, raised concerns about China’s human rights record, specifically noting serious violations of the rights of Uyghurs and other predominantly Muslim minorities in Xinjiang province. It is regrettable that States did not make a concrete and collective call for action by China to cease the internment of estimates ranging up to 1 million individuals from these communities. 

On thematic resolutions, the Council adopted by consensus a resolution on equal participation in political and public affairs, as well as a resolution on the safety of journalists. The latter sets out a clear roadmap of practical actions to end impunity for attacks.  

The Council also adopted by consensus a resolution on preventable maternal mortality and morbidity and human rights in humanitarian settings. Women and girls affected by conflict have been denied accountability for too long. The implementation of this resolution will ensure that their rights, including their sexual and reproductive health and rights, are respected, protected and fulfilled. 

Finally, the Council’s first interactive dialogue on acts of reprisals and intimidation was an important step to ensure accountability for this shameful practice. More States need to have the courage and conviction to stand up for human rights defenders and call out countries that attack and intimidate them. [https://humanrightsdefenders.blog/tag/reprisals/]

Read the full statement here.

Attack on human rights defenders in India are an attack on the very idea of India

September 22, 2018

When India was named as a major sinner in this year’s report on reprisals against human rights defenders, there was understandable shock. Many NGOs and newspapers reported on this (a small selection below).

ARUNA ROY published on 21 September a piece called: “Attack on the conscience keepers; Attempt to silence the messenger”, which is an excellent overview of the issues at stake:

There have been a set of simultaneous raids and arrests of eminent social activists and public intellectuals over which the BJP government in Maharashtra and the Centre, and many human rights organizations have been locked in a sharp polarized debate. The arrest of Sudha Bharadwaj, Gautam Navlakha, Vernon Gonsalves, Varavara Rao and Arun Ferreira, in the Bhima Koregaon is a case that has all the elements of an attempt to use an FIR to target a particular kind of dissenting voice, and use undefined terms like “urban naxal” to divert from the main issue itself. This is not just baffling for the ordinary reader – but is a new kind of threat to the democratic practices in India. 

The attack on human rights workers is an attempt to silence the messenger. Given the very high credibility of the people concerned, an orchestrated campaign with the media has been used. News has itself become a strange brew of half-truths, rhetorical statements and deliberate mis-communication. In addition, the state and corporate interests exercise huge commercial control over the media, and many of the causes of tribal communities that are espoused by these activists are in direct conflict with the commercial interests of the media ownership. Users of “social media” advocate causes, make twisted statistical representations, and generate propaganda –all under the credibility that “media” enjoys in large part. The citizen is caught in a web of cross cutting information, where truth is elusive, and it is difficult to differentiate between fact and fiction.

Let’s try and examine some of the facts of this FIR. The Elgar Parishad was an event organized by Dalits in celebration of an old tradition- a historic defeat of the Peshwas at the hands of the Mahars in the 1800s. Two ex judges, Justice Patil and Justice Sawant, former Supreme Court judge and former Chair of the Press Council, were part of the organizing team. On January 1, 2018, there was a clash between the Dalits and the upper castes. FIRs were lodged by the Dalits and a cross case later by the others. The accusations now added to the list, were not in the FIR and none of those arrested were present either at the Elgar Parishad, or on the of January 1. The first claim made by the Pune police was, that these were Maoists responsible for planning and fomenting the violence that took place on January 1. The claim that the arrested activists were a threat to the state and national security has been added subsequently.

There is no doubt that rising inequalities in India are the leading marginalized communities – particularly Dalits and Tribals– to organize to fight for survival and reclaiming citizenship. The citizen’s exercise of sovereignty, ie asking questions about land and natural resources, non-delivery of services, justice and dignity, especially for the most marginalized and discriminated, is branded as anti- national to escape scrutiny. Their advocates suffer the same fate and are hounded to prevent the amplification of the voices against corruption and injustice. The categorization of “anti-national” has now a twin in “urban naxal”. Vague and subjective and incomprehensible; and yet they are used to prosecute and silence people.

The governments, normally riddled with corruption and arbitrary use of power, are afraid of disclosures, accountability and the rule of and by law. When they are confronted by public scrutiny into the exercise of unconstitutional power, they take refuge in accusations of terrorism, sedition etc. to suppress all questioning. The suffering communities and individuals are often the victims of the privileged elite. The RTI has legitimized questioning and the corrupt system is feeling threatened by it, as the attempts to amend and the killing of RTI users amply prove.

Branding of opposition as “Maoists or terrorists”, and “urban naxalites” has enabled governments to build public acceptability, supporting arbitrary decisions made in camera. Rationality falls victim to the fear of government vendetta and silence prevails.

The system protects its charges with dossiers and secret files created to indict activists. The use of the RTI has proven quite clearly that the sovereign citizen is often in ignorance of acts done in her/his name. Therefore any claim of “evidence” is suspect unless it is allowed public scrutiny. There are few tools besides the RTI to test sources of the evidence and the veracity of the testimonies.

This attack on civil rights defenders is in some ways worse than the declaration of the Emergency in 1975, where the motivation was to cling to political power. This is not just about political power, but to change the ideas of justice and equity. Like then, civic space is being narrowed down and an atmosphere of fear is created. But today, people who have dedicated their lives to and speak for constitutional rights are branded as criminals and terrorists and there is a vicious attempt to destroy their credibility. An attack on the rights of civil society by gagging its spokespersons will destroy the idea of India. This idea was crafted carefully by the constituent assembly to give legitimate space for the peaceful and just co-existence of disparate cultures, ideologies and thought, to enable a steady, though difficult journey towards a more just and equitable India.

For some of my earlier posts on India: https://humanrightsdefenders.blog/tag/india/

—–

http://www.catchnews.com/politics-news/attack-on-the-conscience-keepers-attempt-to-silence-the-messenger-133682.html

https://www.newsx.com/world/india-human-rights-un

https://thewire.in/external-affairs/india-a-history-sheeter-in-un-records-for-reprisals-against-human-rights-activists

https://www.counterview.net/2018/09/suspend-all-agreements-with-india-till.html

http://www.asianews.it/news-en/India,-five-Modi-critics-arrested.-Attempt-to-%27create-a-culture-of-silence%27-44800.html

High Commissioner, please put human rights defenders up front

September 20, 2018

In a briefing paper for the new UN High Commissioner for Human Rights, Michelle Bachelet, ISHR has set out ten concrete and practical ways in which the High Commissioner and her Office can contribute to protecting human rights defenders and promoting a safe and enabling environment for their work at the international and national-levels.

Supporting and empowering these defenders – and protecting them against those governments, corporations and fundamentalists whose currency is prejudice, profit or privilege – should be the new High Commissioner’s highest priority. She should consult closely with defenders, speak out and pursue accountability when they are attacked, push for laws and mechanisms to protect them at the national level, and ensure that the UN human rights system is safe, accessible and effective for them,‘ ISHR Director Phil Lynch said.

The ISHR briefing paper complements a broader civil society letter supported by more than 750 civil society [https://humanrightsdefenders.blog/2018/09/08/civil-society-sends-letter-to-new-high-commissioner-for-human-rights-bachelet/].

Recommendations for the High Commissioner to support human rights defenders

  1. Be proactive in regularly consulting and working in partnership with human rights defenders and other independent civil society actors.
  2. Make clear and regular statements on the essential role played by human rights defenders and the need to ensure they can work in a safe and enabling environment without fear or hindrance, acknowledging the protection needs of particular groups of defenders.
  3. Speak out and demand accountability on cases of threats, attacks and reprisals against human rights defenders, including by calling for and supporting impartial investigations, prosecution of perpetrators, and effective remedies for victims.
  4. Push and work with States to fulfil the commitments laid out in the UN Declaration on Human Rights Defenders, including through repealing restrictive legislation and developing specific laws, policies and mechanisms to protect defenders.
  5. Establish a comprehensive set of indicators to assess State fulfilment of human rights obligations related to human rights defenders, which could be used as an evidentiary basis for assessing compliance.
  6. Build strategic alliances with States, civil society, academics, business enterprises and other actors with a shared interest in human rights, ensuring an enabling environment for civil society and respect for the rule of law.
  7. Define an operating procedure at OHCHR to ensure that all offices establish and apply minimum standards in regard to their work on and with human rights defenders.
  8. Encourage the Secretary General to carry out a full audit of UN work on human rights defenders and to develop an organisation-wide policy on supporting and protecting defenders. More generally, work closely with the Secretary-General to ensure that all UN agencies contribute to, and coordinate on, the protection of defenders and ensuring an enabling environment for their work.
  9. Encourage the development and implementation of an effective UN-wide policy on preventing and addressing reprisals and strongly support continuation and adequate resourcing of the mandate of the UN Senior Official on reprisals.
  10. Work to ensure that UN human rights bodies and mechanisms are accessible, effective and protective for human rights defenders, in particular by ensuring that any reform efforts are informed by the full and meaningful participation of civil society. Strong leadership from the High Commissioner is essential to ensure that the process to strengthen the Treaty Bodies in 2020, and the General Assembly mandated status review of the Human Rights Council in 2021, are underpinned by these principles.

http://www.ishr.ch/news/high-commissioner-put-human-rights-defenders-front

Important side event in Geneva on ending reprisals coming up

September 12, 2018

On Wednesday 19 September (16:00-17:30 – Room XXIV, Palais des Nations, Geneva) the International Service for Human Rights (ISHR) is organizing a side event Ending reprisals: Discussion with human rights defenders and experts.

This 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 to 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.

Participants: 

  • Andrew Gilmour, Assistant Secretary General for Human Rights
  • Victoria Tauli-Corpuz, Special Rapporteur on the Rights of Indigenous Peoples
  • National human rights defenders

Moderator: Phil Lynch, Director of ISHR (see also: https://humanrightsdefenders.blog/2018/06/08/ishr-new-report-on-reprisals-and-restrictions-against-ngo-participation-in-the-un/)

The event is co-sponsored by the Permanent Mission of Ireland to the United Nations and the Permanent Mission of Uruguay to the Office of the United Nations.

Download the flyer here

some of my earlier posts on reprisals: https://humanrightsdefenders.blog/tag/reprisals/

Many HRD issues at the 39th session of the UN Human Rights Council

September 8, 2018

The 39th session of the UN Human Rights Council is held from coming Monday to 28 September 2018. Human Rights Defenders issues abound. Thanks to the excellent overview of the ISHR I can provide a short summary. To stay up-to-date, follow @ISHRglobal and #HRC39 on Twitter.

Reprisals

On 19 September, the Council will hold its first dedicated interactive dialogue on reprisals. It will engage with the Assistant Secretary General for Human Rights (Andrew Gilmour) who as UN senior official on reprisals will present the Secretary General’s annual report on the United Nations’ “the reprisals report”. The dedicated dialogue to address acts of intimidation and reprisals was mandated by the resolution on reprisals in September 2017 and provides a key opportunity for States to raise concerns about reprisals, and demand that Governments involved in existing cases provide an update on any investigation or action taken toward accountability. [for some of my earlier posts on reprisals: https://humanrightsdefenders.blog/tag/reprisals/]

Other key thematic reports relevant to HRDs

The Council will hold interactive dialogues and consider the reports of the Working Group on Arbitrary Detention, including on their country visits to Argentina and Sri Lanka, as well as the Working Group on Enforced or Involuntary Disappearance including on their country visit to Gambia.

The Council will consider the human rights of indigenous peoples on several occasions: it will hold a panel on the issue (see further below), the annual reports by the High Commissioner,  the Special Rapporteur on the rights of indigenous peoples, including on her visits to Mexico and Guatemala, and the Expert Mechanism on the Rights of Indigenous Peoples.

The Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence will also present his annual report, followed by an interactive dialogue, in addition to discussing the Secretary General report on the prevention of genocide.

The Council will discuss the report of the Secretary-General on capital punishment and the implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty.

The Council will also discuss the report of the High Commissioner on mechanisms concerned with ensuring the safety of journalists and the Council will consider a resolution on the issue. The first informal consultation is scheduled for 11 September at 15:30.

The Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes will present a set of principles for States, businesses and other actors to protect workers, including the need to protect worker representatives and human rights defenders from reprisal.

Country-specific developments

Burundi. During its 36th session, the Council passed two resolutions on Burundi (read here ISHR’s analysis of these two resolutions). At the 39th session, the Council will hold an interactive dialogue with the High Commissioner on his final report on Burundi on 11 September from 15:00 to 18:00. The Council will also hold an interactive dialogue with the Commission of Inquiry on 17 September between 09:00 and 12:00. ISHR continues to remain highly concerned about the human rights situation in Burundi and its refusal to cooperate with the Council’s mechanisms, which clearly warrant an invitation to the General Assembly to consider the suspension of Burundi as a member of the Council. ISHR joined a group of NGOs in calling for the renewal of the mandate of the Commission of Inquiry. [for earlier posts on Burundi: https://humanrightsdefenders.blog/tag/burundi/]

Yemen. Last September, the Council appointed a Group of Eminent Experts to carry out a comprehensive examination of all alleged violations of international human rights law committed by all parties to the conflict since September 2014. They will present their report followed by an interactive dialogue on 26 September from 09:00 to 12:00. The Council will also consider a report of the High Commissioner on the human rights situation in Yemen and on the implementation of the technical assistance. The Group of Eminent Experts’ report strongly suggests that parties to the armed conflict have perpetrated, and continue to perpetrate, violations and crimes under international law. Over 50 civil society organisations have called on the Council to renew and strengthen the mandate of the Group of Eminent Experts through the enhancement of its reporting structure and strengthening language on accountability.

China. The 39th session is the final session before China’s Universal Periodic Review. [https://humanrightsdefenders.blog/2016/03/15/remember-2nd-anniversary-of-the-death-of-cao-shunli/; https://humanrightsdefenders.blog/2018/03/26/chinas-win-win-resolution-gets-the-votes-in-the-un-council/ and many more]

Other country situations where HRD issues are relevant

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.

They include:

  • Interactive dialogue with the Commission on Syria
  • Interactive dialogue with the Commission on human rights in South Sudan
  • Interactive dialogue with the Fact-finding mission on Myanmar
  • Interactive dialogue on the High Commissioner’s oral update on Ukraine
  • Interactive dialogue on the High Commissioner’s report on the Democratic Republic of the Congo
  • Interactive dialogue on the High Commissioner’s oral update on Libya
  • Interactive dialogue with the Special Rapporteur on Cambodia
  • Interactive dialogue with the Independent Expert on Somalia
  • Interactive dialogue with the Independent Expert on Sudan
  • Interactive dialogue with the Independent Expert on the Central African Republic

Adoption of Universal Periodic Review (UPR) reports

During this session, the Council will adopt the UPR working group reports on Turkmenistan, Burkina Faso, Cabo Verde, Colombia, Uzbekistan, Tuvalu, Germany, Djibouti, Canada, Bangladesh, Russian Federation, Azerbaijan, Cameroon, and Cuba.

Appointment of mandate holders

The President of the Human Rights Council has proposed candidates for the following two vacancies of mandate holders to be filled at this session:

  1. Special Rapporteur on the situation of human rights in Belarus
  2. Special Rapporteur on the situation of human rights in Eritrea

Resolutions to be presented to the Council’s 39th session

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

  1. The human rights situation in Yemen (Yemen and a group of countries)
  2. The protection of human rights in the Democratic Republic of Congo (Togo on behalf of the African group)
  3. The protection of human rights in the Sudan (Togo on behalf of the African group)
  4. World Programme for Human Rights Education (Brazil, Costa Rica, Italy, Morocco, Slovenia, Senegal,  Philippines, Thailand)
  5. The human rights situation in Syria (France, Germany, Italy, Jordan, Kuwait, Morocco, Qatar, Saudi Arabia, Turkey, the United Kingdom)
  6. The human rights situation in Somalia (the UK and a group of countries)
  7. The safety of journalists (Austria, Brazil, France, Greece, Morocco, Qatar and Tunisia)
  8. The human rights of indigenous peoples (Guatemala and Mexico)
  9. The promotion and protection of the human rights of peasants and other people working in rural areas (Bolivia, Cuba, Ecuador, South Africa)
  10. The human rights situation in Burundi (the European Union)
  11. The human rights situation in Myanmar (the European Union)
  12. Equal participation in political and public affairs (Botswana, Czech Republic, Indonesia, Netherlands, Peru)
  13. The situation of Rohingya muslims and other minorities in Myanmar (Pakistan on behalf of the Organisation for Islamic Cooperation)

Panel discussions

During each Council session, panel discussions are held to provide member States and NGOs with opportunities to hear from subject-matter experts and raise questions. All panel discussions will be broadcast live and archived on http://webtv.un.org. Three panel discussions are scheduled for this upcoming session:

  • The high-level panel discussion to commemorate the seventieth anniversary of the Convention on the Prevention and Punishment of the Crime of Genocide will take place on 13 September from 10:00 to 12:00.
  • The annual half-day panel discussion on the rights of indigenous peoples will take place on 19 September from 9:00 to 11:00. The theme will be the participation and inclusion of indigenous peoples in the development and implementation of strategies and projects in the context of the 2030 Agenda for Sustainable Development.
  • The annual discussion on the integration of a gender perspective throughout the work of the Human Rights Council and that of its mechanisms will take place on 24 September from 16:00 to 18:00. The theme will be gender integration and human rights investigations: strengthening a victim-centred approach.

Side events. As always there will be many side events concerning HRDs to which I will refer in the future.

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https://www.ishr.ch/news/hrc39-key-issues-agenda-september-2018-session