Posts Tagged ‘reprisals’

9 November Webinar on reprisals in the European diaspora

November 5, 2021

On 9 November 2021 at 2pm CET, the Unrepresented Nations and Peoples Organization (UNPO) will be co-organizing with MEPs an event in the European Parliament presenting its report on third country reprisals against human rights defenders in Europe. With growing threats from China, Russia, Iran and Pakistan on European soil, UNPO wants greater action taken against their reprisals on minority rights diaspora in Europe. Our report can be found here. [see also: https://humanrightsdefenders.blog/2021/04/22/unpo-reprisals-on-the-rise/]

Event information :

Format : Webinar, with Presentation of report and testimonies

Date : Tueday, November 9

Time : 14.00 CET

Stream link : https://youtu.be/_WPgpYCuNrI

Event description :

UNPO has been working hard to expose the difficulties activists for self-determination and minority rights face due to reprisals by state actors. These can range from intimidation and threats to murder. As part of our broad Compromised Spaces campaign we wanted

Schedule and Panelists :

Moderator : Shima Silavi, Program Officer, UNPO

Hosts as MEPs : Jordi Sole MEP, Heidi Hautala MEP, Ignazio Castaldo MEP, David Lega MEP.

14.00 Opening Remarks

14.20-14.40 Presenting the Report : “Compromised Space: Foreign State Reprisals against Unrepresented Diplomats in Europe” Shima Silavi.

14:40 – 14:55 Ahwazi Arab Witness – Iran. Hawra Nissi, Daughter of Ahmad Mola Nissi, an Ahwazi Arab political activist who was shot dead in front of his home in the Hague in 2017

14:50 – 15:10 Uyghur Witness – China, Dolkun Isa, President of the World Uyghur Congress

15:10 – 15:25 Crimean Tatar Witness- Russia. Ayla Bakkalli, Representative of the World Congress of Crimean Tatars, Mejlis of Crimean Tatars People – UN Permanent Forum on Indigenous Issues

15: 25 – 15:40 Expert – Oxford University Dr. Fiona McConnell, Associate Professor in Human Geography. Fellow and Tutor at St. Catherine’s College, Oxford, recipient of the Philip Leverhulme Prize for Geography in 2019.

https://unpo.org/article/22170

Reprisals on the agenda of the UN and the new ISHR campaign to #EndReprisals!

September 30, 2021

On 29 September 2021 took place – in the 48th session of the UN Human Rights Council – the Interactive Dialogue on the Report of the Secretary-General on Cooperation with the United Nations, its Representatives and Mechanisms in the Field of Human Rights.

Allegations of reprisals and intimidation were documented against some 240 civil society members, activists and journalists, across 45 countries in the year up to 31 April, simply because they had been cooperating with the United Nations.  

That’s according to data from a new report presented on Wednesday to the Human Rights Council by the UN Assistant Secretary-General for Human Rights, Ilze Brands Kehris.  

Many cases were reported anonymously, because of fear of reprisal.  There were also around 50 individuals who experienced detention, while others were subjected to house arrest. 

Despite some push-back, Ms. Brands Kehris said the report “makes clear” that “the scope and severity of cases of intimidation and reprisal persist and in unacceptably high numbers.” 

The Assistant Secretary-General for Human Rights, presenting the report of the Secretary-General on cooperation with the United Nations, its representatives and mechanisms in the field of human rights, drew attention to four key trends that emerged from the report. First, in close to half of the countries mentioned in the report, she said that the United Nations had received allegations of monitoring and surveillance, both online and offline, of individuals and groups who cooperated, or attempted to cooperate, with the United Nations. Numerous cases included hacking of accounts, travel bans and other movement restrictions. Second, the United Nations saw signs of a possible pattern in several countries: China, Egypt, Iran, Saudi Arabia and Viet Nam, as well as India, Israel, Myanmar, Philippines and Venezuela. In the first five, the United Nations had identified serious issues with the detention of victims of reprisals and intimidation.

Third, some cases concerned the use of restrictive legislation that prevented or punished cooperation with the United Nations, notably on grounds of national security, including counter-terrorism measures, or based on laws governing activities of civil society organizations. Fourth, the increasingly challenging, or even at times repressive, environments for victims, human rights defenders, journalists and other civil society actors were indicated by the fact that many were deterred from providing specific details about a case, or declined to draw the United Nations’ attention altogether.

Victims of acts of reprisal and intimidation for cooperation with the United Nations continued to be subjected to serious human rights violations – in particular, arbitrary arrests and detention, but also torture and ill-treatment and, even death in custody, killing and enforced disappearances. In the digital sphere, activists and journalists had been attacked on social media after speaking at United Nations meetings and victims had been targeted for submitting information to or communicating electronically with the United Nations. While the report noted that more women were increasingly cooperating with the United Nations, including by using on-line opportunities, the price of such interactions for some included arrests and detention, harassment and intimidation, as well as stigmatisation and vilification. The United Nations could not tolerate that those who brought critical perspectives to the United Nations were silenced. More and better needed to be done to provide safe and open spaces for interaction, where those who spoke up could be heard, and could do so without fear of any sort of retribution.

Speakers regretted that the number of reprisals remained high and that the cases mentioned reflected solely the tip of the iceberg. They were worried about the continued trend of using justifications of any kind for blocking access to the United Nations as well as measures adopted in response to the COVID-19 pandemic as a pretext to stifle civil society space. Concerns were expressed about cases of intimidation and reprisals committed by Human Right Council Members, since they should uphold the highest standards in the promotion and protection of human right, especially against women. Some speakers praised the important and vital role played by civil society in promoting and advancing the global human rights agenda, including through meaningful engagement with the United Nations human rights machinery. They deplored any act of reprisal aiming to restrict or hinder the ability of individuals to access and communicate with international bodies, in particular the United Nations, its representatives and mechanisms in the field of human rights. Some speakers said that reprisals and intimidation against those who cooperated with the United Nations were an attack against the very essence and proper functioning of the United Nations system itself. They condemned any form of intimidation, harassment and reprisals, both offline and online, and called on all States to respect and protect persons cooperating with the United Nations system.

Some speakers stressed the importance of having a constructive and meaningful dialogue on any alleged cases of reprisal and called upon all to pay special attention to fulfil their responsibilities in providing credible and reliable information that should be thoroughly checked and corroborated in order to avoid reaching any false conclusions. They believed it was the mutual responsibility and duty of all stakeholders to collaborate together in order to preserve the efficiency and credibility of the United Nations human rights machinery. One speaker regretted the unfounded mentions contained in the report presented by the Assistant Secretary-General on alleged cases of reprisals. They invited the Assistant Secretary-General to address with objectivity, transparency and impartiality alleged reprisals, which could not be taken a priori as true, as they were not.

The International Service for Human Rights (ISHR) which is following this topic most keenly says: People who defend human rights must be able to access and communicate with the UN freely & safely. It started a campaign to Call on States at the UN to #EndReprisals!

Help us to #EndReprisals at the UN

Human rights defenders work to make a fairer, more sustainable and just world by promoting and protecting human rights. In considering human rights situations around the world, the UN system is profoundly dependent on the information and testimonies provided by human rights defenders who document situations, abuses and violations. They are essential voices from our communities that need to be part of the conversations at the United Nations.

This important role is a key reason why some States seek to systematically prevent defenders from engaging with UN bodies and mechanisms, and to reprimand and punish those who do engage. They do so through repressive tactics that range from administrative hurdles and travel restrictions to intimidation, imprisonment and killings. 

This is not right. Everyone has the right to access and safely communicate with the UN.

Human rights defenders must be able to share crucial information and perspectives with the UN, safely and unhindered.

Do you agree ? Then send a tweet to States at the UN and ask them to support a resolution to #EndReprisals.

Click to tweet!

We want human rights defenders to have a ‘seat at the UN table’ and be able to effectively and safely engage with UN human rights mechanisms and bodies. We want States and non-State actors to refrain from intimidating or carrying out reprisals against defenders when they engage or seek to engage with the UN. When intimidation and reprisals do occur, we want  the UN to effectively address these cases, support the victims and push for accountability and redress. 

How do we achieve this? 

The countries on the Human Rights Council have the opportunity to take a clear stand on reprisals and intimidation against those who engage with the UN.  During the 48th session of the Human Rights Council, between the 17 September and 4 October 2021, States will negotiate a resolution that aims to strengthen the response by the UN and States to intimidation and reprisals. The resolution invites the UN Secretary General to submit his annual report on reprisals and intimidation to the UN General Assembly.  Until now, the report has only been presented to the Human Rights Council. The General Assembly is the main policy-making forum of the UN and all 193 States are represented there. Reprisals and intimidation related to cooperating with the UN is a serious system-wide issue and having it discussed at the General Assembly amongst all Member States is crucial to effectively preventing and addressing it. We are calling on States, through meetings, letters and on social media to support the resolution and resist any efforts to undermine and weaken it.

States must take a clear and public position at the UN against intimidation and reprisals and hold their peers to account. Every year the UN Secretary-General publishes a report on incidents of reprisals and intimidation. That report will be discussed at the Human Rights Council on 29 September 2021. We therefore also call on governments States to take a stand during the discussion, publicly condemn reprisals and intimidation against those who engage with the UN, and raise specific cases of victims. 

What you can do? 

Together we can make sure a strong resolution on reprisals is adopted and push for everyone at the UN to take this issue seriously. This is a crucial step to #EndReprisals. Click on the image below before 4 October to send a tweet to States on the Human Rights Council who have not been supportive of this issue in the past and call on them to support the resolution. 

Click to tweet!

If you prefer to write or engage directly with States representatives, here you can find an advocacy kit with a draft email, as well as their addresses and twitter contacts

https://reliefweb.int/report/world/high-commissioner-human-rights-council-has-given-disturbing-diagnosis-human-rights

https://news.un.org/en/story/2021/09/1101722

https://ishr.ch/action/campaigns/endreprisals/

Human Rights Defenders issues in the 48th session of he UN Human Rights Council

September 13, 2021

The International Service for Human Rights (HRC) published again it – as usual – very useful Guide to the next (48th) Session of the UN Human Rights Council, from 13 September to 8 October 2021. Here is an overview of some of the key issues on the agenda directly affecting human rights defenders. Stay up-to-date: Follow @ISHRglobal and #HRC48 on Twitter, and look out for their Human Rights Council Monitor and during the session. [for last year’s, see: https://humanrightsdefenders.blog/2021/06/22/key-issues-affecting-hrds-in-47th-session-of-un-human-rights-council-june-2021/

Thematic areas of interest

Reprisals

On 29 September, the Assistant Secretary General Ilze Brands Kehris for Human Rights will present the Secretary General’s annual report on Cooperation with the United Nations, its representatives and mechanisms in the field of human rights (also known as ‘the Reprisals Report’) to the Council in her capacity as UN senior official on reprisals. The presentation of the report will be followed by a dedicated interactive dialogue, as mandated by the September 2017 resolution on reprisals. ISHR remains deeply concerned about reprisals against civil society actors who engage or seek to engage with UN bodies mechanisms. We continue to call for all States and the Council to do more to address the situation. The dedicated dialogue provides a key opportunity for States to raise concerns about specific cases of reprisals, and demand that Governments provide an update on any investigation or action taken toward accountability. An increasing number of States have raised concerns in recent sessions about individual cases of reprisals, including in Egypt, Nicaragua, Cuba, Saudi Arabia, Malaysia, Bahrain, Yemen, Burundi, China and Venezuela, Egypt, Burundi, Lao and China,  

During the 48th session, Ghana, Fiji, Hungary, Ireland and Uruguay will present a draft resolution on cooperation with the UN. The draft resolution aims to strengthen the responses by the UN and States to put an end to acts of intimidation and reprisals. ISHR urges all delegations to support the adoption of the draft resolution and resist any efforts to undermine and weaken it.

ISHR recently launched a study analysing 709 reprisals cases and situations documented by the UN Secretary-General between 2010 and 2020. The study examines trends and patterns in the kinds of cases documented by the UNSG, how these cases have been followed up on over time, and whether reprisal victims consider the UN’s response effective. Among other things, the study found that nearly half the countries serving on the Council have been cited for perpetrating reprisals. The study found that public advocacy and statements by high level actors condemning reprisals can be one of the most effective tools to prevent and promote accountability for reprisals, particularly when public pressure is sustained over time. The study also found that, overall, the HRC Presidency appears to have been conspicuously inactive on intimidation and reprisals, despite the overall growing numbers of cases that are reported by the UNSG – including in relation to retaliation against individuals or groups in connection with their engagement with the HRC – and despite the Presidency’s legal obligation to address such violations. The study found that the HRC Presidency took publicly reported action in only 6 percent of cases or situations where individuals or organisations had engaged with the HRC. Not only is this a particularly poor record in its own right, it also compares badly with other UN actors. [see also: https://humanrightsdefenders.blog/2021/05/06/un-action-on-reprisals-towards-greater-impact/]

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 with States involved, and insisting on undertakings from the State concerned to investigate, hold the perpetrators accountable and report back to the Council on action taken.

Environmental Justice

It’s high time the Council responds at this session to the repeated calls by diverse States and civil society to recognize the right of all to a safe, clean, healthy and sustainable environment and establish a new mandate for a Special Rapporteur on human rights and climate change. ISHR joins a broad civil society coalition in calling on all States to seize this historic opportunity to support the core-group of the resolution on human rights and environment (Costa Rica, Maldives, Morocco, Slovenia, Switzerland) as they work towards UN recognition of the right to environment so that everyone in the world, wherever they live, and without discrimination, can live in a safe, clean and sustainable environment. Furthermore, ISHR also joins a broad civil society coalition in calling on States to establish a new Special Rapporteur on climate change at this session. This new mandate is essential to strengthen a human rights-based approach to climate change, engage in country visits, undertake normative work and capacity-building, and further address the human rights impacts of climate responses, in order to support the most vulnerable. [see also the recent Global witness report: https://humanrightsdefenders.blog/2021/09/13/global-witness-2020-the-worst-year-on-record-for-environmental-human-rights-defenders/]

Other thematic reports

At this 48th session, the Council will discuss a range of civil, political, economic, social and cultural rights and issues through dedicated debates, including interactive dialogues with the:

  1. Special Rapporteur on the human rights to safe drinking water and sanitation
  2. Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights 
  3. Special Rapporteur on truth, justice, reparation and guarantees of non-recurrence
  4. Special Rapporteur on contemporary forms of slavery, including its causes and consequences 
  5. Working Group on Arbitrary Detention
  6. Working Group on Enforced or Involuntary Disappearances
  7. Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes 
  8. The Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance

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

  1. High Commissioner on the current state of play of the mainstreaming of the human rights of women and girls in conflict and post-conflict situations
  2. Special Rapporteur  on the rights of indigenous peoples and the Expert Mechanism on the Rights of Indigenous Peoples
  3. Working Group of Experts on People of African Descent 

Country-specific developments

Afghanistan

ISHR has joined 50 civil society organisations to urge UN Member States to ensure the adoption of a robust resolution to establish a Fact-Finding Mission or similar independent investigative mechanism on Afghanistan as a matter of priority at the upcoming 48th regular session of the HRC.  We expressed profound regret at the failure of the recent HRC special session on Afghanistan to deliver a credible response to the escalating human rights crisis gripping the country, falling short of the consistent calls of the Afghanistan Independent Human Rights Commission (AIHRC), the UN High Commissioner for Human Rights, Special Procedures and civil society organisations, and does not live up to the mandate of the HRC to effectively address situations of violations of human rights, including gross and systematic violations. The Council must establish a Fact-Finding Mission, or similar independent investigative mechanism, with a gender-responsive and multi-year mandate and resources to monitor and regularly report on, and to collect evidence of, human rights violations and abuses committed across the country by all parties. 

China 

It has now been three years since High Commissioner Bachelet announced concerns about the treatment of Uyghurs and other Turkic Muslims – including mass arbitrary detention, surveillance and discrimination – in the Xinjiang Uyghur Autonomous Region of China. During the intervening three years, further substantial and incontrovertible evidence has been presented indicating crimes against humanity in the region. ISHR joins a 300+ strong coalition of global civil society that continues to call for accountability for these and other violations, including in Tibet and Hong Kong, by the Chinese authorities. At this session, ISHR highlights that arbitrary detention is – as has been noted by the Special Procedures – a systemic issue in China. Chinese authorities are long overdue in taking any meaningful action in response to the experts’ concerns, such as ceasing the abuse of ‘residential surveillance in a designated location’, or RSDL. ISHR reiterates its calls from the 46th and 47th sessions for a clearly articulated plan from OHCHR to ensure public monitoring and reporting of the situation, in line with their mandate and with full engagement of civil society, regardless of the outcome of long-stalled negotiations for High Commissioner access to the country. This would be a critical first step for future, more concrete actions that would respond to demands of victims, their families and communities, and others defending human rights in the People’s Republic of China. 

Burundi

We request the Council to continue its scrutiny and pursue its work towards justice and accountability in Burundi. The Council should adopt a resolution that acknowledges that despite some improvements over the past year, the human rights situation in Burundi has not changed in a substantial or sustainable way, as all the structural issues identified by the Commission of Inquiry on Burundi (CoI) and other human rights actors have identified since 2015 remain in place. The Council should adopt an approach that focuses on continued independent documentation on the situation of human rights in Burundi which should be carried out by the CoI, or a similarly independent mechanism or team of experts, who are solely focused on Burundi. The Council’s approach should also ensure that there is follow up to the work and recommendations of the CoI, in particular, on justice and accountability. See joint letter released ahead of the UN Human Rights Council’s 48th session.

Egypt

Despite Egypt’s assurances during the UPR Working Group in 2019 that reprisals are unacceptable, since 2017, Egypt has been consistently cited in the UN Secretary General’s annual reprisals reports. The Assistant Secretary-General raised the patterns of intimidation and reprisal in the country in the 2020 reprisals report, as well as UN Special Procedures documenting violations including detention, torture and ill-treatment of defenders. In her latest communication to the Government, the Special Rapporteur on human rights defenders highlighted the arbitrary detention of 12 defenders, including three targeted for their engagement with the UN: Mohamed Al-Baqer, human rights lawyer and Director of the Adalah Centre for Rights and Freedoms, arbitrarily detained since 29 September 2019; Ibrahim Metwally, coordinator for the Association of the Families of the Disappeared in Egypt, arbitrarily detained since 10 September 2017; and Ramy Kamel, Copitic rights activist, arbitrarily detained since 23 November 2019. Both States and the HRC Presidency should publicly follow up on these cases. Furthermore, in light of Egypt’s failure to address concerns expressed by States, the High Commissioner and Special Procedures, ISHR reiterates our joint call with over 100 NGOs on the Council to establish a monitoring and reporting mechanism on Egypt and will continue to do so until there is meaningful and sustained improvement in the country’s human rights situation. 

Nicaragua

The human rights crisis in Nicaragua has steadily deteriorated since May 2021. Given the reported lack of implementation of resolution 46/2 and the absence of meaningful engagement with the UN and regional mechanisms by the Government, stepping up collective pressure has become vital. We warmly welcome the joint statement delivered by Costa Rica on behalf of a cross-regional group of 59 States on 21 June 2021. This is a positive first step in escalating multilateral pressure. Further collective action should build on this initiative and seek to demonstrate global, cross-regional concern for the human rights situation in the country. In her oral update, the High Commissioner stressed ‘as set out in [the Council’s] latest resolution, I call on this Council to urgently consider all measures within its power to strengthen the promotion and protection of human rights in Nicaragua. This includes accountability for the serious violations committed since April 2018.’ We call on all States to support a joint statement at the 48th session of the Human Rights Council, urging the Government to implement priority recommendations with a view to revert course on the ongoing human rights crisis, and indicating clear intention to escalate action should the Nicaraguan Government not take meaningful action.

Saudi Arabia

While many of the WHRDs mentioned in previous joint statements at the Council have been released from detention, severe restrictions have been imposed including travel bans, or making public statements of any kind. Most of the defenders have no social media presence. Furthermore, COVID-19 restrictions and the G20 Summit in November 2020 coincided with a slow down in prosecutions of those expressing peaceful opinions and a decline in the use of the death penalty. However, throughout 2021 the pace of violations has resumed. This has included fresh new waves of arrests of bloggers and ordinary citizens, often followed by periods of enforced disappearance, lengthy prison terms issued against human rights defenders and prisoners of conscience, and abuse in prison, including deliberate medical neglect. In addition, despite announcing the halt of the death penalty against minors, the Saudi government recently executed someone who may have been 17 at the time of the alleged offense, and the number of executions in 2021 is already more than double the total figure for 2020. Saudi Arabia has refused to address the repeated calls by UN Special Procedures and over 40 States at the Council in March 2019, September 2019 and September 2020, further demonstrating its lack of political will to genuinely improve the human rights situation and to engage constructively with the Council. ISHR reiterates its call on the Council to establish a monitoring and reporting mechanism on the human rights situation in Saudi Arabia.

Venezuela 

With the environment becoming all the more hostile for civil society organisations in Venezuela, the Council will once again focus attention on the human rights situation in the country at the upcoming session. On 24 September, the Independent International Fact-Finding Mission will provide its second report to the Council building on its findings of likely crimes against humanity committed in the country. ISHR looks forward to making an oral statement during the dialogue with the Mission. In addition, the High Commissioner will provide an oral update on the situation in the country and the work of her office in-country, on 13 September. The Special Rapporteur on Unilateral Coercive Measures will present her report following her in-person visit to the country in February 2021. Finally, it’s expected that the report of the Secretary General on reprisals will include cases related to Venezuela. During all these opportunities to engage, States should remind Venezuela of the need to implement UN recommendations; engage with UN human rights mechanisms, including the Mission; and organise visits for Special Rapporteurs already identified for prioritisation by OHCHR. 

Yemen

ISHR joined over 60 civil society organisations to use the upcoming session of the HRC to establish an international criminally-focused investigation body for Yemen, and simultaneously ensure the continuity of the Group of Eminent Experts on Yemen (GEE) through an ongoing or multi-year mandate. In their last report, “A Pandemic of Impunity in a Tortured Land”, the UN Group of Eminent International and Regional Experts on Yemen (GEE) underscored Yemen’s “acute accountability gap”, concluding that the international community “can and should” do more to “help bridge” this gap in Yemen. They recommended that the international community take measures to support criminal accountability for those responsible for serious violations of international humanitarian law and egregious human rights abuses. In particular, they supported the “establishment of a criminally focused investigation body” (similar to the mechanisms established for Syria and Myanmar) and “stressed the need to realize victims’ rights to an effective remedy (including reparations)”.  Such a mechanism would facilitate and expedite fair and independent criminal proceedings, in accordance with international law standards, and lay the groundwork for effective redress, including reparations for victims. 

Other country situations:

The High Commissioner will provide an oral update to the Council on 13 September 2021. The Council will consider updates, reports 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 on the High Commissioner’s written update on Myanmar, including of Rohingya Muslims and other minorities, an interactive dialogue on the report of on the Independent Investigative Mechanism, and an Interactive Dialogue with the Special Rapporteur 
  • Oral update by the High Commissioner and enhanced interactive dialogue on the Tigray region of Ethiopia
  • Enhanced Interactive Dialogue with the Commission on Human Rights in South Sudan
  • Interactive Dialogue with the Commission of Inquiry on Syria and oral update by OHCHR on the extent of civilian casualties
  • Oral update by OHCHR and interactive dialogue on Belarus
  • Oral update by the High Commissioner on the progress made in the implementation of the Council’s 30th Special Session resolution on the Occupied Palestinian Territory, including East Jerusalem, and in Israel, and presentation of the High Commissiner’s report on allocation of water resources in Occupied Palestinian Territory, including East Jerusalem
  • Interactive Dialogue with the High Commissioner on Ukraine 
  • Enhanced Interactive Dialogue with the High Commissioner on the Democratic Republic of the Congo and on the final report of the team of international experts on the situation in Kasai
  • Enhanced Interactive Dialogue on the oral update of the High Commissioner on South Sudan
  • Interactive Dialogue with the Special Rapporteur on Cambodia and presentation of the Secretary-General’s report 
  • Enhanced Interactive Dialogue on the report of the High Commissioner on Sudan
  • Interactive Dialogue with the Independent Expert on Somalia
  • Interactive Dialogue with the Independent Expert on the Central African Republic 
  • Interactive Dialogue with the Fact-finding mission on Libya
  • Presentation of the High Commissioner’s report on cooperation with Georgia 
  • Oral update by the High Commissioner on the Philippines

#HRC48 | Council programme, appointments and resolutions

During the organisational meeting for the 48th session held on 30 August the President of the Human Rights Council presented the programme of work. It includes six panel discussions. States also announced at least 20 proposed resolutions. Read here the 87 reports presented this session. 

Appointment of mandate holders

  1. The Special Rapporteur in the field of cultural rights
  2. a member of the Working Group on the issue of human rights and transnational corporations and other business enterprises from Latin American and Caribbean States; 
  3. a member of the Working Group of Experts on People of African Descent, also from Latin American and Caribbean States (an unforeseen vacancy that has arisen due to the resignation of a current member).

Resolutions to be presented to the Council’s 48th session

At the organisational meeting on 30 August the following resolutions inter alia were announced (States or groups leading the resolution in brackets):

  1. Human rights situation in Burundi (EU)
  2. Human rights and environment (Costa Rica, Maldives, Morocco, Slovenia, Switzerland) 
  3. Cooperation with the United Nations, its representatives and mechanisms in the field of human rights  (Fiji, Ghana, Hungary, Ireland, Uruguay) 
  4. Human rights situation in Yemen (Belgium, Canada, Ireland, Luxembourg, Netherlands) 
  5. Elimination of child, early and forced marriage (Argentina, Canada  Italy, Honduras, Montenegro, Poland, Sierra Leone, Switzerland, UK, Uruguay, Zambia, Netherlands) 
  6. Technical assistance and capacity-building in the field of human rights in the Democratic Republic of the Congo (African Group) 
  7. Technical assistance and capacity-building to improve human rights in Libya (African Group)
  8. From rhetoric to reality: a global call for concrete action against racism, racial discrimination, xenophobia and related intolerance (African Group)
  9. Human rights and indigenous peoples (Mexico, Guatemala)
  10. Human rights situation in Syria (France, Germany, Italy, Jordan, Kuwait, Netherlands, Qatar, Turkey, UK, USA)
  11. Advisory services and technical assistance for Cambodia – mandate renewal (Japan) 
  12. Enhancement of technical cooperation and capacity-building in the field of human rights (Thailand, Brazil, Honduras, Indonesia, Morocco, Norway, Qatar, Singapore, Turkey)
  13. Technical assistance and capacity building to Yemen (Arab Group)
  14. Equal participation in political and public affairs (Czech Republic, Botswana, indonesia, Peru, Netherlands)
  15. Right of privacy in the digital age (Germany, Brazil, Liechtenstein, Austria, Mexico) 
  16. The question of the death penalty (Belgium, Benin, Costa Rica, France, Mexico, Mongolia, Moldova, Switzerland) 

Adoption of Universal Periodic Review (UPR) reports

During this session, the Council will adopt the UPR working group reports on Myanmar, Namibia, the Niger, Mozambique, Estonia, Belgium, Paraguay, Denmark, Somalia, Palau, Solomon Islands, Seychelles, Latvia, Singapore and Sierra Leone.

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. Six panel discussions are scheduled for this upcoming session:

  1. Biennial panel discussion on the issue of unilateral coercive measures and human rights
  2. Annual discussion on the integration of a gender perspective throughout the work of the Human Rights Council and that of its mechanisms
  3. Annual half-day panel discussion on the rights of indigenous peoples on the theme “Situation of human rights of indigenous peoples facing the COVID-19 pandemic, with a special focus on the right to participation” (accessible to persons with disabilities)
  4. Half-day panel discussion on deepening inequalities exacerbated by the COVID-19 pandemic and their implications for the realization of human rights (accessible to persons with disabilities)
  5. High-level panel discussion on the theme “The tenth anniversary of the United Nations Declaration on Human Rights Education and Training: good practices, challenges and the way forward” (accessible to persons with disabilities
  6. Panel discussion on the promotion and protection of human rights in the context of peaceful protests, with a particular focus on achievements and contemporary challenges (accessible to persons with disabilities)

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 2021.

https://ishr.ch/

Key issues affecting HRDs in 47th session of UN Human Rights Council (June 2021)

June 22, 2021

The 47th session of the UN Human Rights Council will take place from 21 June to 15 July 2021. The ISHR has again issued its very helpful overview of key issues and below is an extract of those affecting human rights defenders most directly. For a wrap-up of the previous session, see: https://humanrightsdefenders.blog/2021/03/29/wrap-up-46th-session-of-un-human-rights-council-with-key-resolutions-on-belarus-and-myanmar-and-more/

Modalities of participation in HRC47

According to the Bureau minutes of 2 and 4 June 2021, the extraordinary modalities for the 47th session should be similar to the modalities applied during the 46th session.

Thematic areas of interest:

Sexual orientation and gender identity

The Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity will present his report, followed by an interactive dialogue on 24 June. The report seeks to document how particular narratives on gender are being used to fuel violence and discrimination based on sexual orientation and gender identity. In the report, the Expert examines how the incorporation of comprehensive gender theory enables more accurate and appropriate consideration of dynamics of negation and stigma, and the key role of law, public policy and access to justice in promoting either continuity of injustice or social change.

The report highlights the mandate’s position in relation to current narratives and constructions through which the application of gender frameworks, especially its promise for gender equality across diverse persons, is challenged; and build on gender concepts and feminist analysis to further substantiate the mandate’s understanding of root causes and dynamics of violence and discrimination based on sexual orientation and gender identity.

This report will be presented in the context of high levels of violence against trans and gender nonconforming people and those defending their rights. Beyond this, the COVID-19 pandemic has disproportionately impacted trans and gender nonconforming people and those defending their rights worldwide, especially those most marginalised.

Systemic racism, police brutality and violence against peaceful protests in the United States and globally

The High Commissioner will present the comprehensive report of Resolution 43/1 to the Council on 12 July followed by an interactive dialogue. ISHR previously joined 171 families of victims of police violence in the United States and over 270 civil society organisations from more than 40 countries in calling on the Council to establish an independent commission of inquiry into police killings of Black men and women, as well as violent law enforcement responses to protests in the United States….

The Council should ensure the establishment of robust international accountability mechanisms which would further support and complement, not undermine, efforts to dismantle systemic racism in the United States and globally, especially in the context of police violence against Black people.

Business and human rights

June 2021 marks the tenth anniversary of the unanimous endorsement by the Council of the United Nations Guiding Principles on Business and Human Rights (UNGPs). The Guiding Principles have become one of the key frameworks for private business to carry out their responsibility to respect human rights, for States to discharge their obligations under international law in relation to business activities, and for civil society and human rights defenders to utilise the UNGPs to demand structural changes in the way companies operate internationally. Human rights need to be an essential element of how businesses design their operations. After 10 years, we have the chance to look back and into the future with a critical eye. In that regard, a ‘Roadmap for the Next Decade’ will be presented by the UN Working Group on Business and Human Rights this month. ISHR continues to work with the UN, civil society and progressive companies to protect and promote the work of human rights defenders.

In tandem with its annual report, the UN Working Group will also present in June a long-awaited guidance document on business and human rights defenders based on the UNGPs. The ‘United Nations Guidance on the role of the Guiding Principles for engaging with, safeguarding and ensuring respect for the rights of human rights defenders’ was supported and informed by ISHR and partners, and builds on the experiences gathered through the Business Network on Civic Freedoms and Human Rights Defenders, an initiative ISHR co-founded with the Business and Human Rights Resource Centre. This document will become a key instrument for civil society, businesses and States in ensuring that human rights defenders are protected and recognised as essential actors in maintaining rule of law and a functioning shared civic space. 

The Working Group on the issue of human rights and transnational corporations and other business enterprises will present its reports, followed by an interactive dialogue, on 29 June. [see also: https://humanrightsdefenders.blog/2020/09/30/business-and-human-rights-updated-list-of-companies-supporting-hrds/]

Reprisals

On this topic see also: https://humanrightsdefenders.blog/2021/05/06/un-action-on-reprisals-towards-greater-impact/

During the 42nd session, the Council adopted a resolution which 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. The resolution also acknowledged the specific risks to individuals in vulnerable situations or belonging to marginalised 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.

Item 5 of the Human Rights Council’s agenda provides a key opportunity for States to raise concerns about reprisals, and for governments involved in existing cases to provide an update to the Council on any investigation or action taken toward accountability to be carried out.

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.

ISHR recently launched a study analysing 709 reprisals cases and situations documented by the UN Secretary-General between 2010 and 2020 and looked at trends and patterns in the kinds of cases documented by the UNSG, how these cases have been followed up on over time, and whether reprisal victims consider the UN’s response effective. Among other things, the study found that nearly half the countries serving on the Council have been cited for perpetrating reprisals. The study also found that the HRC Presidency appears to have been conspicuously inactive on intimidation and reprisals, despite the overall growing numbers of cases that are reported by the UNSG – including on individuals’ or groups’ engagement with the HRC – and despite the Presidency’s legal obligation to address such violations. The study found that the HRC Presidency took publicly reported action in only 6 percent of cases or situations where individuals or organisations had engaged with the HRC. Not only is this a particularly poor record in its own right, it also compares badly with other UN actors.

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.

Other thematic reports

At this 47th session, the Council will have dedicated debates with the mandate holders and the High Commissioner, including interactive dialogues with:

  • The High Commissioner on State response to pandemics 
  • The Special Rapporteur on the right to housing
  • The Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health 
  • The Independent Expert on human rights and international solidarity
  • The Special Rapporteur on the right to education 
  • The Special Rapporteur on extreme poverty and human rights 
  • The Special Rapporteur on extrajudicial, summary or arbitrary executions 
  • The Special Rapporteur on the rights to freedom of peaceful assembly and of association 
  • The Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression 
  • The Working Group on arbitrary detention on its study on drug policies
  • The Special Rapporteur on the right to privacy 

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

  • The Special Rapporteur on the human rights of migrants 
  • The Special Rapporteur on the human rights of internally displaced persons 
  • The Special Adviser on Prevention of Genocide 
  • The Working Group on discrimination against women and girls 
  • The Special Rapporteur on violence against women, its causes and consequences 
  • The Special Rapporteur on trafficking in persons, especially women and children
  • The Special Rapporteur on the independence of judges and lawyers 
  • The Special Rapporetur on the elimination of discrimination against persons affected by leprosy and their family members 

Country-specific developments

China 

One year after the UN Special Procedures issued a sweeping statement  calling for the international community to take ‘decisive action’ on the human rights situation in China, much more remains to be done. Calls are growing for more clear and timely reporting from the UN, including the High Commissioner for Human Rights and her Office, on the repressive policies and practices targeting Uyghurs and other Turkic Muslims. At the same time, worrying news continues about violations of cultural rights of Tibetans, while Hong Kong’s democratic institutions – and its people – have suffered a series of blows from legislative, policy and legal decision targeting pro-democracy leaders. For the first time since 1989, peaceful public demonstrations to commemorate the massacre on Tiananmen Square were prohibited. 

Against this context, ISHR urges States to speak out firmly against the lack of accountability for the Chinese government in light of substantial evidence of violations, including crimes against humanity. In so doing, it is essential to recognise the systemic and structural nature of these violations: to highlight the dire situation for Uyghurs, Tibetans and other minority groups; pro-democracy civil society leaders, lawyers and legislators in Hong Kong; and human rights defenders like lawyer and Martin Ennals Award winner Yu Wensheng [see: https://www.trueheroesfilms.org/thedigest/laureates/69fc7057-b583-40c3-b6fa-b8603531248e] and anti-discrimination activists like the Changsha 3. No matter its position or influence, China must be held to the same high standards as any other Council member. See also; https://humanrightsdefenders.blog/2020/12/18/chinas-continuing-crackdown-on-human-rights-lawyers-shocking-say-un-experts/

Egypt

At the 46th session of the Council, over 30 States led by Finland urged Egypt to end its repression of human rights defenders, LGBTI persons, journalists, politicians and lawyers under the guise of countering-terrorism. The joint State statement ended years of a lack of collective action at the Council on Egypt, despite the sharply deteriorating human rights situation in the country. Egypt must answers these calls, starting by releasing the thousands arbitrarily detained, protecting those in custody from torture and other ill-treatment, and ending the crackdown on peaceful activists. The UN Working Group on Arbitrary Detention has previously concluded that arbitrary detention is a systematic problem in Egypt and the Committee against Torture has concluded that torture is a systematic practice in Egypt. To date, Egypt has failed to address all the concerns expressed by States, the High Commissioner and Special Procedures, despite repeated calls on the government, including most recently by over 60 NGOs. ISHR joined over 100 NGOs from across the world in urging the Council to establish a monitoring and reporting mechanism on Egypt and will continue to do so until there is meaningful and sustained improvement in the country’s human rights situation.

Saudi Arabia

This session will mark two years since the Special Rapporteur on extrajudicial, summary or arbitrary executions presented to the Council the investigation into the unlawful death of Saudi journalist Jamal Khashoggi, and yet no meaningful steps towards accountability have been taken by the Saudi authorities. The Special Rapporteur called on Saudi Arabia to “demonstrate non-repetition by: releasing all individuals imprisoned for the peaceful expression of their opinion and belief; independently investigating all allegations of torture and lethal use of force in formal and informal places of detention; and independently investigating all allegations of enforced disappearances and making public the whereabouts of individuals disappeared”. To date, Saudi Arabia has refused to address these key concerns, which were also raised by over 40 States at the Council in March 2019, September 2019 and September 2020, further demonstrating its lack of political will to genuinely improve the human rights situation and to engage constructively with the Council. The sentencing and subsequent release of several women’s rights activists highlights the importance of the Council’s scrutiny which must be sustained in order to secure meaningful, concrete, and systematic gains. We recall that the Special Rapporteur also called on Member States to support resolutions that seek to ensure or strengthen accountability for the execution of Khashoggi. ISHR reiterates its call on the Council to establish a monitoring and reporting mechanism on the human rights situation in Saudi Arabia.

Colombia  

After more than a month of strikes and street protests in Colombia, which have seen protestors killed at the hands of law enforcement officers and civilians, and human rights defenders covering the events threatened and attacked, the Council session provides States with the opportunity to take action. States must call on Colombia to respect the human rights of its people – including the right to freedom of peaceful assembly – and address the underlying causes of the protests, including violations of economic, social and cultural rights, inequality and racial discrimination. This situation of violence and non-compliance with all standards of the use of force has had a particular impact on the Afro-descendant population. Specific calls from Colombian civil society include for OHCHR to investigate and report on the protests in the country including gather statistical data on the facts that threaten the human rights of Afro-Colombian people; for the High Commissioner to visit Colombia when possible; and for Colombia to open its doors to a range of Special Rapporteurs to allow for ongoing monitoring and reporting. The High Commissioner, who has made a statement on the situation in the country, will present her annual report at the start of the session and it is hoped and expected that Colombia will feature as a country of concern. [see also: https://humanrightsdefenders.blog/2020/01/20/colombia-21-january-2020-civil-society-begins-a-much-needed-patriotic-march/]

Nicaragua 

Last March, the Council renewed its resolution on the human rights situation in Nicaragua, which strengthened the High Commissioner’s office monitoring and reporting mandate, by including an interim oral update with recommendations in the context of upcoming national elections. Despite the resolution’s clear calls on the Government to repeal recently adopted laws that harshly restrict civic space, stop targeting human rights defenders and journalists, and urgently implement reforms to ensure free and credible elections, the Nicaraguan authorities have acted in the opposite direction. While UN experts ‘deplore spate of attacks and arrests of human rights defenders’, the OHCHR publicly expressed their deep concern that ‘Nicaragua’s chances of holding free and genuine elections on 7 November are diminishing as a result of measures taken by authorities against political parties, candidates and independent journalists, which further restrict the civic and democratic space’. As the High Commissioner will present her oral update on Nicaragua on 22 June, States should call on Nicaragua to urgently reverse course and implement the recommendations from resolution 46/2, in particular to guarantee the enjoyment of the rights to freedom of information, expression, association and assembly, and the right to take part in the conduct of public affairs; and to swiftly put an end to the harassment (including the judicial harassment) and detention of journalists and ex-members of the Violeta Chamorro Foundation and Confidencial media outlet. 

Venezuela

Venezuela will be back on the Council’s agenda with OHCHR providing an update on the situation of human rights in the country, including in regard to UN recommendations (5 July).  Recent positive developments in the country, including the nomination to the National Electoral Council of individuals supported by a broad swathe of civil society, are offset by continuing human rights and humanitarian crises. The UN’s recommendations to Venezuela are numerous, wide-ranging and largely ignored. States must use opportunities at the Council to press home the importance of those recommendations being heeded. ISHR looks forward to making a statement during the dialogue, focusing in on levels of implementation of recommendations. Given that reprisals against Venezuelan defenders have been common over recent years – with cases cited in eight of the Secretary General’s reports on cooperation with the UN since 2010 – it is essential that States speak out in support of civil society engagement and that the UN define a preventative strategy to ensure defenders’ protection. 

Burundi

On 30 June 2020, the Supreme Court of Burundi set aside the ruling by the Appeals Court to uphold the 32-year sentence in Rukuki’s case and ordered a second appeal hearing, citing violations to his right to a fair trial. This second appeal hearing took place 8 months later on 24 March 2021 in Ngozi prison, where he is currently detained. According to the Burundian Code of Criminal Procedure, following the hearing the Court has 30 days to return a verdict on the case, but this verdict is still pending nearly 60 days later. This delay clearly demonstrates a lack of due process in the case of the internationally recognised human rights defender and political prisoner. In an open letter, a group of civil society organisations denounced the dysfunctioning of judicial proceedings in the country. After confirming the 32 years sentence of defender Germain Rukuki, Burundi continues its crackdown against civil society. Germain Rukuki has now spent nearly 4 years in prison. He has already waited an additional 30 days for this final verdict to be announced without any legal reason; he should not have to wait any longer. In addition to ensuring the continued work of the Commission of Inquiry on Burundi, members of the Council need to call on Burundi to demonstrate their commitment to respect the independence of the judiciary and comply fully with the fair trial obligations of Burundi under international law and announce the verdict in this case without any further delay.  [see also: https://humanrightsdefenders.blog/2019/03/29/ngo-statement-condemns-new-irregularities-in-the-case-of-germain-rukuki-burundi/]

The Council will consider 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 SR on the situation of human rights in Eritrea
  • Oral update by the High Commissioner on the situation of human rights in Nicaragua
  • Interactive Dialogue with the SR on the situation of human rights in Belarus 
  • Interactive Dialogue with the Commission of Inquiry on the Syrian Arab Republic 
  • Interactive Dialogue with the High Commissioner on the human rights situation of Rohingya Muslims and other minorities in Myanmar and Interactive Dialogue with the SR on the situation of human rights in Myanmar 
  • Interactive Dialogue with the SR on the situation of human rights in the Palestinian Territories occupied since 1967 
  • Interactive Dialogue with the High Commissioner on Ukraine  and interim report of the Secretary-General on human rights in Crimea 
  • Interactive Dialogue with the Independent Expert on the situation of human rights in the Central African Republic

Council programme, appointments and resolutions

During the organisational meeting for the 47th session held on 7 June the President of the Human Rights Council presented the programme of work. It includes seven panel discussions. States also announced at least 22 proposed resolutions. Read here the reports presented this session. 

The President of the Human Rights Council will propose seven candidates for the following sevent mandates: 

  1. The Independent Expert on the enjoyment of human rights by persons with albinism; 
  2. The Special Rapporteur on the right to privacy;
  3. The Special Rapporteur on violence against women, its causes and consequences; 
  4. Two members of the Working Group of Experts on People of African Descent (one from Asia-Pacific States and one from Eastern European States); 
  5. A member of the Working Group on Enforced or Involuntary Disappearances, from Western European and other States; 
  6. The Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights 

As of 8 June, however, the recommended candidates list was only available for four of the above positions, due to challenges among the Consultative Group, the five individuals appointed from each UN region to interview and shortlist candidates. It is critical that the process overcome such delays, so as to avoid any protection gaps arising from a failure to appoint a new mandate holder.

Resolutions to be presented to the Council’s 47th session

The following resolutions were announced (States leading the resolution in brackets):

  1. Menstrual hygiene, human rights and gender equality (Africa Group)
  2. Elimination of harmful practices (Africa Group)
  3. Cooperation with and assistance to Ukraine in the field of human rights (Ukraine) 
  4. Situation of human rights of Rohingya Muslims and other minorities in Myanmar (OIC) 
  5. The protection of human rights in the context of human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS) (Brazil, Colombia, Mozambique, Portugal, Thailand)
  6. The human rights situation in the Syrian Arab Republic, on missing persons and enforced disappearances (France, Germany, Italy, Jordan, Kuwait, Netherlands, Qatar, Turkey, United Kingdom of Great Britain and Northern Ireland, United States of America)
  7. The human rights situation in Belarus, mandate renewal (EU)
  8. The human rights situation in Eritrea, mandate renewal (EU) 
  9. Negative impact of corruption on the enjoyment of human rights ( Austria, Argentina, Brazil, Ethiopia, Indonesia, Morocco, Poland, United Kingdom of Great Britain and Northern Ireland)
  10. Enhancement of international cooperation in the field of human rights (Azerbaijan on behalf of NAM)
  11. New and emerging digital technologies and human rights (Austria, Brazil, Denmark, Morocco, Republic of Korea, Singapore)
  12. Human rights of migrants (Mexico)
  13. Impact of arms transfers on human rights (Ecuador, Peru)
  14. Civil society space (Chile, Ireland, Japan, Sierra Leone, Tunisia)
  15. Realizing the equal enjoyment of the right to education by every girl (UAE, UK)
  16. Preventable maternal mortality and morbidity (Colombia, New Zealand, Estonia) 
  17. The promotion, protection and enjoyment of human rights on the Internet (Brazil, Nigeria, Sweden, Tunisia, United States of America)
  18. Accelerating efforts to eliminate all forms of violence against women (Canada)
  19. Right to education (Portugal)

Adoption of Universal Periodic Review (UPR) reports

During this session, the Council will adopt the UPR working group reports on Federated States of Micronesia, Lebanon, Mauritania, Saint Kitts and Nevis, Australia, Saint Lucia, Nepal, Oman, Austria, Myanmar, Rwanda, Georgia, Sao Tome and Principe and Nauru.

ISHR supports human rights defenders in their interaction with the UPR. We publish and submit briefing papers regarding the situation facing human rights defenders in some States under review and advocate for the UPR to be used as a mechanism to support and protect human rights defenders on the ground. 

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. Seven panel discussions are scheduled for this upcoming session:

  1. High-level panel discussion on the multisectoral prevention of and response to female genital mutilation
  2. Panel discussion on the tenth anniversary of the Guiding Principles on Business and Human Rights
  3. Panel discussion on the human rights of older persons in the context of climate change [accessible panel]
  4. Annual full-day discussion on the human rights of women, one on violence against women and girls with disabilities, and another on gender-equal socioeconomic recovery from the COVID-19 pandemic
  5. Quadrennial panel discussion on promoting human rights through sport and the Olympic ideal [accessible panel]. Theme: The potential of leveraging sport and the Olympic ideal for promoting human rights for young people
  6. ​Annual thematic panel discussion on technical cooperation and capacity-building. Theme: Technical cooperation to advance the right to education and ensure inclusive and equitable quality education and lifelong learning for all

Read here the three year programme of work of the Council with supplementary information.

Read here ISHR’s recommendations on the key issues that are or should be on the agenda of the UN Human Rights Council in 2021.

Stay up-to-date: Follow @ISHRglobal and #HRC47 on Twitter, and look out for the Human Rights Council Monitor.

During the session, follow the live-updated programme of work on Sched

https://www.ishr.ch/news/hrc47-key-issues-agenda-june-2021-session

https://genevasolutions.news/peace-humanitarian/myanmar-debate-dominates-human-rights-council-opening-session

https://observatoryihr.org/news/47th-session-of-the-human-rights-council-opens-on-the-longest-day/

UN Action on Reprisals: Towards Greater Impact

May 6, 2021

Janika Spannagel on 29 Apr 2021 announced the publication of this new report of the International Service for Human Rights (ISHR). A virtual event to launch ISHR’s new quantitative analysis of the scope and impact of UN action to combat intimidation and reprisals will take place later today at 16h00 Geneva time

Full Study

The ability of the UN human rights system to function depends on the testimonies of thousands of human rights defenders and victims from across the world who engage with UN mechanisms every year. However, interactions with the UN often come with risks for activists – many face reprisals from their home countries, ranging from severe, violent retaliation to equally effective administrative hurdles to their work in human rights. 

Some of these reprisal cases are raised by UN bodies with the responsible government and reported in annual reports by the UN Secretary-General. However, what becomes of the affected individuals’ cases after the UN’s involvement remains largely unclear. 

This study aims to both establish a clear understanding of which reprisal cases are raised by UN communications, and to shed light on the question of their effectiveness in improving individuals’ situations.

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


Download the fully study.

The project was funded by the International Service for Human Rights (ISHR) and conducted jointly with their New York office between November 2020 and March 2021.

——-

https://www.gppi.net/2021/04/29/un-action-on-reprisals

UNPO: reprisals on the rise

April 22, 2021

On 20 April 2021, the Unrepresented Nations and Peoples Organization (UNPO) has told the United Nations that “threats to participation at and cooperation with the United Nations which minority and indigenous communities are presently facing, represent not only matters of individual concern, but also raise concern about whether the United Nations itself will be able to achieve its responsibilities under Article 1 of the UN Charter to ‘respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace.’”

In a submission to the United Nations Reprisals Office, the unit within the UN’s human rights infrastructure that deals with instances where UN Member States have targeted or threatened human rights defenders for their work with the United Nations, the UNPO provided information to inform an upcoming UN Secretary General report on reprisals. Sewe also my ‘old’ post: https://humanrightsdefenders.blog/2014/03/13/zero-tolerance-for-states-that-take-reprisals-against-hrds-lets-up-the-ante/

The UNPO submission highlighted how cooperation with the United Nations is becoming increasingly difficult for minority and indigenous rights defenders given the extent of reprisals that such activists face from authoritarian states and the general closing off of space at the United Nations for these activists, compounded by the COVID-19 pandemic. 

The submission included a selection of individuals cases of threats and reprisals that have occurred in the year between April 2020 and April 2021 as a result of UN-related work of people associated with members of the UNPO, noting however that there are many more such cases that the UNPO was asked not to disclose. The cases included:

  • Family members of disappeared Hmong children in Laos who have been threatened by local authorities because of a case at the UN trying to push the government to find the children;
  • A Khmer Krom activist whose efforts to seek review of his unlawful detention in Vietnam were stymied by the strong possibility that the government would increase the severity of charges against him related to his unlawful arrest;
  • A Iranian Baluch refugee in Turkey, whose family members are repeatedly interrogated and coerced by the security forces in Iran whenever he engages with the United Nations; and
  • A Khmer Krom activist who was recently arrested for doing little more than distribute the UN Declaration on the Rights of Indigenous Peoples in Vietnam, a country that refuses to recognize the existence of indigenous popualtions.

The submission further highlighted that these individual cases were indicative of a broader and growing trend for UN Member States to target those who seek to engage with the UN system; a trend which is exacerbated by the failure of states in UN cost countries to adequately protect diaspora communities and other human rights defenders.

Belarus: End Reprisals Against Human Rights Defenders!

March 22, 2021

On 18 March, 2021 a Joint NGO Statement on Belarus was published: End Reprisals Against Human Rights Defenders:

The Belarusian authorities are conducting a targeted campaign of intimidation against civil society in an effort to silence all critics of the government. Following the disputed presidential election on 9 August 2020, hundreds of thousands of people across the country took to the streets to protest the announced result. Peaceful protests continue and reprisals against protesters continue too, with frightening regularity and increasing severity. Riot police have used unlawful force, detaining thousands of people. Allegations of torture and other ill-treatment in detention are widespread. Over 33,000 people have been arbitrarily arrested for taking part in peaceful demonstrations or voicing their dissent and an increasing number are being prosecuted under trumped up criminal charges and handed prison sentences. [see: https://www.trueheroesfilms.org/thedigest/laureates/b5785052-8efa-42e7-8508-d6de0a8c1b3d]

Human rights defenders have played an invaluable role in documenting these violations, providing legal assistance, and advising people of their rights. The Belarusian authorities are now escalating pressure on human rights defenders by imposing unfounded criminal charges, opening bogus criminal investigations, and conducting raids and searches in retaliation for these defenders’ legitimate human rights work. Some are in pre-trial detention or under house arrest and there are allegations they have been subjected to torture and other ill-treatment. The authorities have compelled lawyers for most of these activists to sign non-disclosure agreements that bar them from sharing any information about the investigation.

Office for the Rights of People with Disabilities

In January 2021, authorities targeted the Office for the Rights of People with Disabilities, and its director, Syarhei Drazdouski, and lawyer, Aleh Hrableuski, are now under house arrest and in pretrial detention, respectively. The Office is a well-respected NGO that has been supporting people with disabilities by offering them legal advice and advocating for compliance with the Convention on the Rights of Persons with Disabilities.

On 21 January, the Financial Investigations Department of the State Control Committee of Belarus visited the office and the homes of Syarhei Drazdouski and Aleh Hrableuski simultaneously (allegedly to inspect the scene of the crime). They removed computers, phones, and some documents. They also took statements from both men.

On 21 January, the Financial Investigations Department published a message on its official website launching a process of verification into the activities of the members of the Office for the Rights of Persons with Disabilities as a part of an investigation into “possible inappropriate acquisition of funds received in the form of charitable contributions and international support in the period from 2020 to the present for the purpose of providing assistance to Belarusian citizens with disabilities”.

Siarhei Drazdouski commented in a Facebook post on 3 February:

“Allegedly we were financially supporting people accused of taking part in protest actions. In fact, we advised several victims [of human rights violations] – both people with disabilities and without – to seek help from lawyers.”

Allegations of Torture and Other Ill-Treatment

On 2 February 2021, Syarhei Drazdouski and Aleh Hrableuski were questioned for seven hours at the Financial Investigations Department. Their lawyers were not allowed to accompany them, and they were subjected to ill-treatment.

According to Syarhei Drazdouski, the interrogators, who did not introduce themselves, openly called him a “criminal, a fraudster, a liar and an accomplice.” While the interrogation was mostly conducted politely, several times other staff members came in and insulted and aggressively swore at him.

Aleh Hrableuski reported that, when he continued to refuse to give them the information they demanded, he was restrained, forcibly stripped naked and made to sit naked on a chair and not raise his eyes. Investigators eventually released him.

On 3 February 2021, both men were taken for questioning again, but this time Hrableuski was remanded in custody and Drazdouski was put under house arrest. Their lawyers were forced to sign non-disclosure agreements, as is increasingly the practice in Belarus, and very little information is available about the charges against them.

Viasna

On 16 February 2021, the Belarusian authorities carried out raids simultaneously throughout the country on the homes of staff and offices of Human Rights Centre Viasna, the Belarusian Association of Journalists and the independent trade union REP. The raids were carried out in Minsk, Homel, Mahilyou, Vitsebsk, and Brest as part of unfounded criminal proceedings under Article 342 of the Criminal Code of Belarus (organization and preparation of actions that grossly violate public order), which the authorities have launched to target civil society activists, journalists, and human rights monitors. According to Belarus’ Investigative Committee, the investigation is aimed at “establishing the circumstances of the financing of protest activities”. (see also: https://humanrightsdefenders.blog/2021/02/24/fake-letter-tries-to-discredit-viasna-in-belarus/]

Dzmitry Salauyou, a human rights defender and member of the Board of Human Rights Centre Viasna, was among those whose homes were searched on 16 February. Special forces and officers from the Department for the Prevention of Organized Crime and Corruption, a police unit also involved in the harassment of protesters, broke down the door to his flat to enter and carry out the search. They confiscated computers and telephones and demanded that his wife tell them the password for her mobile phone. They threatened that if she did not comply, she would go to prison, and their 13-year-old child would be put in state custody. Dzmitry Salauyou was detained and alleges that he was beaten by special forces in the mini-bus on the way to the pretrial detention centre. Subsequent medical reports documented head trauma consistent with being hit on the head, increased intracranial pressure, and suspected damage to cervical vertebrae.

On 18 February, he was sentenced to 12 days’ detention on administrative charges for holding an “illegal picket.” The conviction was based solely on the fact that the building in which Dzmitry Salauyou lives has a concrete frieze depicting Belarus’ historical coat of arms, Pahonia, which has been adopted as one of the symbols of the protest movement. According to the judge, the Pahonia is considered a symbol of protest and could be considered evidence of “staging a one-person picket”. Dzmitry Salauyou told the court that the frieze had been installed when the house was built about eight years ago.

On 1 March, the day following his release, Dzmitry Salauyou was detained at Minsk airport as he was trying to leave the country with his family. The Investigative Committee interrogated him at their offices as a suspect in a criminal case under Article 342(2) of the Criminal Code of Belarus (‘training or other preparation of individuals to take part in group actions that gravely violate public order’), which carries a maximum sentence of two years’ imprisonment. He was released but is under travel restrictions. Both Dzmitry Salauyou and his lawyer were forced to sign non-disclosure agreements.

Other Members of Viasna Accused of Criminal Offences

Marfa Rabkova, the youth coordinator of Human Rights Centre Viasna, was arrested on 17 September 2020, and has been in pretrial detention ever since. On 25 September, she was charged under Article 293(3) of the Criminal Code of Belarus (‘training and other preparation of people for participation in mass riots’), which carries a maximum prison sentence of three years. On 11 February 2021, she was also charged under Article 130(3) of the Criminal Code, (‘incitement of racial, national, religious or other social hatred or discord committed by a group’), and under Article 285 (2) of the Criminal Code (‘membership of a criminal organization’) which carries a maximum sentence of 12 years’ imprisonment.

Andrei Chepyuk, a volunteer for Human Rights Centre Viasna in Minsk, was detained on 2 October 2020 and on 9 October he was charged under Article 293(2) of the Criminal Code of Belarus (participation in mass disorder). On 28 January 2021, it became known that he is also charged under Article 285(2) of the Criminal Code (‘membership of a criminal organization’). He is being held in pretrial detention centre No.1 in Minsk.

Tatsyana Lasitsa, an activist who volunteers for Human Rights Centre Viasna in Homel, was detained on 21 January. She had assisted with the legal defense of people detained and fined for their participation in protests. She has been charged under Article 342 (1) and (2) of the Criminal Code of Belarus (‘organization or participation in group actions that gravely violate public order’). She is being held in the pretrial detention centre in Homel.

Leanid Sudalenka, the director of the Homel branch of Human Rights Centre Viasna, was detained on his way to the office on 18 January 2021. He has been charged under Article 342 of the Criminal Code (‘organizing and preparing actions that gravely violate public order or active participation in such actions’). Sudalenka had provided legal assistance to dozens of Homel region residents who were detained and charged for their participation in post-election protests. He is being held in pretrial detention in Homel. In 2019 he was awarded two prizes for his human rights work over 20 years, the French prize Freedom Equality and Brotherhood, and a National Belarusian Prize as Human Rights Defender of the Year.

We call on the Belarusian authorities:

  • To abide by their international human rights obligations as a party to the International Covenant on Civil and Political Rights to respect the rights to freedom of association, peaceful assembly, and expression of all people in Belarus.
  • To fully respect and protect the work of human rights defenders and ensure that everybody has the right to complain about the policies and actions of individual officials and government bodies and to offer and provide professionally qualified legal assistance or other relevant advice and assistance in defending human rights and fundamental freedoms.
  • In line with these obligations, to release Marfa Rabkova, Andrei Chepyuk, Tatsyana Lasitsa, Leanid Sudalenka, Syarhei Drazdouski, and Aleh Hrableuski immediately and unconditionally as they have been detained for their legitimate human rights work, drop charges against them and ensure their right to a remedy for unfounded criminal prosecution.
  • To comply with their international human rights obligations under the UN Convention against Torture and carry out prompt, independent, and impartial investigations into the allegations of torture and other ill-treatment by Syarhei Drazdouski, Aleh Hrableuski, and Dzmitry Salauyou
  • To comply with their international human rights obligations under the UN Convention on the Rights of Persons with Disabilities, including the rights of all persons deprived of their liberty to reasonable accommodations and the right to effective access to justice on an equal basis with others, including through the provision of procedural accommodations in all legal proceedings, including at investigative and other preliminary stage.

https://www.hrw.org/news/2021/03/18/joint-statement-belarus-end-reprisals-against-human-rights-defenders

HRD issues on agenda of 46th Session of the council

February 22, 2021

Although I have decided to focus this blog mostly on human rights defenders and their awards, I will make an exception for the regular sessions of the UN Human Rights Council of which the 46th session has started on 22 February and which will last until to 23 March 2021. This post is based on the as always excellent general overview published by the International Service for Human rights: “HRC46 | Key issues on agenda of March 2021 session”. Here’s an overview of some of the key issues on the agenda which affect HRDs directly:

Modalities for NGOs this year: According to the Bureau minutes of 4 February 2021: “Concerning the participation of NGOs in the 46th session, the President clarified that under the proposed extraordinary modalities, NGOs in consultative status with the ECOSOC would be invited to submit pre-recorded video statements for a maximum of three general debates in addition to the interactive dialogues, panel discussions and UPR adoptions as they had been able to do during the 45th session. In addition, “the Bureau agreed that events organised virtually by NGOs in consultative status with the ECOSOC could be listed on the HRC Extranet for information purposes.”

Human Rights implications of COVID-19

The pandemic – and States’ response to it – has presented various new challenges and threats for those defending human rights. The pandemic has exposed and deepened existing discrimination, violence and other violations. Governments have used COVID as a pretext for further restricting fundamental rights, including through the enactment of legislation, and specific groups of defenders – including WHRDs and LGBTI rights defenders – have lost their livelihoods, access to health services have reduced and they have been excluded from participating in pandemic responses. Action to address the pandemic must be comprehensive and systemic, it must apply a feminist, human rights-based, and intersectional lens, centred on non-discrimination, participation and empowerment of vulnerable communities. Last March ISHR joined a coalition of 187 organisations to draw the Council’s attention to the situation of LGBTI persons and defenders in the context of the pandemic.

#HRC46| Thematic areas of interest

Protection of human rights defenders

On March 3rd and 4th, the Council will hold an interactive dialogue with the Special Rapporteur on human rights defenders on her annual report “Final warning: death threats and killings of human rights defenders”, and the country visit report of her predecessor to Peru.

Reprisals

Reports of cases of intimidation and reprisals against those cooperating or seeking to cooperate with the UN not only continue, but grow. Intimidation and reprisals violate the rights of the individuals concerned, they constitute violations of international human rights law and undermine the UN human rights system. See also: https://humanrightsdefenders.blog/tag/reprisals/

The UN has taken action towards addressing this critical issue including:

  • Establishing a dedicated dialogue under item 5 to take place every September;
  • Affirmation by the Council of the particular responsibilities of its Members, President and Vice-Presidents to investigate and promote accountability for reprisals and intimidation; and
  • Appointment of the UN Assistant Secretary General on Human Rights as the Senior Official on addressing reprisals.

ISHR remains deeply concerned about reprisals against civil society actors who try to engage with UN mechanisms, and consistent in its calls for all States and the Council to do more to address the situation.

During its 42nd session, the Council adopted a resolution which 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. The resolution also acknowledged the specific risks to individuals in vulnerable situations or belonging to marginalised 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.

Item 5 of the Human Rights Council’s agenda provides a key opportunity for States to raise concerns about reprisals, and for governments involved in existing cases to provide an update to the Council on any investigation or action taken toward accountability to be carried out.

During the organisational meeting held on 8 February, 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 with States involved, and insist on undertakings from the State concerned to investigate, hold the perpetrators accountable and report back to the Council on action taken.

Other thematic reports

At this 46th session, the Council will discuss a range of economic, social and cultural rights in depth through dedicated debates with mandate holders, and consider the annual report of the Secretary-General on the question of the realization in all countries of economic, social and cultural rights. The debates with mandate holders include:

  • The Special Rapporteur in the field of cultural rights, annual report on COVID-19, culture and culture rights and country visit to Tuvalu 
  • The Special Rapporteur on the right to adequate housing, annual report on twenty years on the right to adequate housing: taking stock – moving ahead and country visit to New Zealand 

The Council will discuss a range of civil and political rights through dedicated debates with the mandate holders, including:

  • The Special Rapporteur on torture, annual report and country visit to Maldives
  • The Special Rapporteur on freedom of religion or belief, annual report on combating anti-Muslim hatred
  • The Special Rapporteur on the right to privacy, annual report on artificial intelligence and privacy, and children’s privacy, and country visit reports to the United Kingdom, France, Germany, United States of America, Argentina, and Republic of Korea.  

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

In addition, the Council will hold dedicated debates on interrelation of human rights and human rights thematic issues including:

  • The Special Rapporteur on human rights and the environment, annual report on human rights and the global water crisis: water pollution, water scarcity and water-related disasters 
  • The Special Rapporteur on the promotion and protection of human rights while countering terrorism, annual report on human rights impact of counter-terrorism and countering (violent) extremism policies and practices on the rights of women, girls and the family

Country-specific developments

China 

A pile of evidence continues to mount, including the assessment from the UN Committee on the Elimination of Racial Discrimination, about policies of the Chinese government targeting ethnic and religious minorities, including Uyghurs, Tibetans and Mongolians. The rule of law is being further eroded in Hong Kong, as deeply-respected principles of due process and pluralistic democracy are disappearing at an alarming rate.  Human rights defenders and ordinary citizens confront ongoing crackdowns on civic freedoms, pervasive censorship and lightning-fast recourse to administrative sanction, enforced disappearance and trumped-up national security charges to silence critics.  – In the face of this, inaction has become indefensible.

The UN Special Procedures issued a sweeping statement in June 2020, calling for the international community to take ‘decisive action’ on the human rights situation in the country. At the March session, ISHR urges States to convey at the highest level the incompatibility of China’s actions domestically with its obligations as a new Council member, and to continue to press for transparency, actionable reporting and monitoring of the situation. Statements throughout the Council are key moments to show solidarity with individual defenders – by name – , their families, and communities struggling to survive. And finally, States should take every opportunity to support efforts by China that meaningfully seek to advance human rights – while resolutely refuting, at all stages of the process, initiatives that seek to distort principles of human rights and universality; upend the Council’s impressive work to hold States up to scrutiny; and weaken the effectiveness and impact of the Council for victims of violations and human rights defenders. Furthermore, other Council members should step up their commitments to the body’s mandate and purpose, and reject efforts by China and its partners and proxies. See also: https://humanrightsdefenders.blog/tag/china/

Egypt

The Egyptian authorities continue to systematically carry out patterns of reprisals against human rights defenders for their legitimate work, including for engagement with UN Special Procedures. These have included arbitrary arrests and detention, enforced disappearance, torture, unlawful surveillance, threats and summons for questioning by security agencies. The government’s refusal to address key concerns raised by States in its response to the UPR in March 2020 demonstrated its lack of political will to address its deep challenges and to engage constructively with the Council. ISHR reiterates its call on the Council to establish a monitoring and reporting mechanism on the human rights situation in Egypt. See also: https://humanrightsdefenders.blog/tag/egypt/

Saudi Arabia

In 2020, the Council continued its scrutiny over the human rights situation in Saudi Arabia. Yet, the Saudi government has failed the litmus test to immediately and unconditionally release the women’s rights activists and human rights defenders, instead they continued to prosecute and harshly sentence them for their peaceful activism. On 10 February 2021, it was reported that WHRDs Loujain Al-Hathloul, and Nouf Abdulaziz have been released conditionally from prison after spending over two and a half years in detention solely for advocating for women’s rights, including the right to drive and the dismantling of the male guardianship system. ALQST reported that WHRDs Nassima al-Sadah and Samar Badawi remain in detention and that “in a worrying development, the Public Prosecution has appealed the initial sentence issued on 25 November 2020 by the Criminal Court against al-Sadah of five years and eight months in prison, half of it suspended, seemingly with the aim of securing an even harsher sentence”. See: https://www.trueheroesfilms.org/thedigest/laureates/1a6d84c0-b494-11ea-b00d-9db077762c6c

The government’s refusal to address this key concern raised in the three joint statements demonstrates its lack of political will to genuinely improve the human rights situation and to engage constructively with the Council.  ISHR reiterates its call on the Council to establish a monitoring and reporting mechanism on the human rights situation in Saudi Arabia.

Nicaragua 

On 24 February, the Council will hold an interactive dialogue on the High Commissioner’s report on Nicaragua. Despite the renewal of Resolution 43/2, the human rights situation in Nicaragua has steadily deteriorated over the last months. Civil society space has sharply shrank, due to new restrictive laws on foreign agents and counter-terrorism, while attacks against journalists and human rights defenders -the last remaining independent human rights observers – continue. The lack of an independent judiciary or NHRI further deprives victims of the possibility to seek justice and redress. Whilst the repression deepens, State inaction in the face of the Covid-19 pandemic and the passage of hurricanes have also exacerbated the ongoing humanitarian crisis and the deprivation of economic, social, and cultural rights. In light of upcoming elections in Nicaragua, ISHR urges the Council to renew and strengthen its resolution on the human rights situation in Nicaragua, laying down a clear benchmark of key steps the State should take to demonstrate its willingness to cooperate in good faith, while clearly signaling the intention to move towards international investigation and accountability should such cooperation steps not be met within the year. States should also increase support to targeted defenders and CSOs by raising in their statements the cases of student Kevin Solís, Aníbal Toruño and Radio Darío journalists, trans activist Celia Cruz, as well as the CENIDH and seven other CSOs subject to cancellation of their legal status.

Venezuela

Venezuela will come under the spotlight several times with oral updates from OHCHR on the situation of human rights in the country (25 February, 11 March) and an update from the international fact-finding mission on Venezuela (10 March). OHCHR is mandated to report on the implementation of the recommendations made to Venezuela, including in reports (here and here) presented last June.  The fact-finding mission has started work on its renewed and strengthened 2-year mandate, despite delays in the disbursement of funds and is due to outline its plans to the Council. Intensifying threats and attacks on civil society in Venezuela since November 2020, provide a bleak context to these discussions. States should engage actively in dialogue on Venezuela, urging that recommendations be implemented – including facilitating visits from Special Rapporteurs; that the fact-finding mission be granted access to the country and that civil society be promoted and safeguarded in its essential work.

Burundi

On 2 February 2021, the Supreme Court of Burundi announced its decision allegedly adopted on 23 June 2020 to sentence 12 defenders to life in prison. The date of the adoption of this decision was announced after the Court decided to defer it further to 30 June 2020 and again after that. The Court never assigned or informed the 12 concerned of the proceedings. This case was investigated and judged in the absence of all those concerned and the sentence only made public seven months after the alleged proceedings took place. Among the victims of this arbitrary procedure are renown lawyers such as Me Armel Niyongere, Vital Nshimirimana and Dieudonné Bashirahishize, who are being targeted for their engagement in the defense of victims of the 2015 repression in Burundi and for filing complaints for victims to the International Criminal Court (ICC) in The Hague.  A group of civil society organisations denounced the dysfunctioning and lack of independence of judicial proceedings in the country. After confirming the 32 years sentence of defender Germain Rukuki, Burundi continues its crackdown against civil society. In addition to ensuring the continued work of the Commission of Inquiry on Burundi, members of the Council need to call on Burundi to uphold its international obligations and stop reprisals against defenders for engaging with any international mechanisms. See also: https://humanrightsdefenders.blog/2019/03/29/ngo-statement-condemns-new-irregularities-in-the-case-of-germain-rukuki-burundi/ The Council will hold an interactive dialogue with the Commission of Inquiry on Burundi on 10 March.

The High Commissioner will provide an oral update to the Council on 25 February. The Council will consider updates, 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:

  • Oral update and interactive dialogue with the Special Rapporteur on Eritrea
  • Interactive Dialogue on the High Commissioner’s report on Sri Lanka
  • Enhanced Interactive Dialogue on the High Commissioner’s report on Belarus
  • Oral update and interactive dialogue with the Group of Eminent International and Regional Experts on Yemen
  • Interactive Dialogue on the High Commissioner’s report on ensuring accountability and justice in the Occupied Palestinian Territory, including East Jerusalem
  • Interactive Dialogue with the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran
  • Interactive Dialogue with the Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea
  • Interactive Dialogue with the Commission on Human Rights in South Sudan
  • Interactive Dialogue with the Commission of Inquiry on the Syrian Arab Republic
  • Interactive Dialogue with the Special Rapporteur on the situation of human rights in Myanmar
  • Interactive Dialogue with the High Commissioner on the situation of human rights in Ukraine
  • Oral updates and enhanced interactive dialogue with the High Commissioner on the situation of human rights in the Democratic Republic of the Congo, and the team of international experts on the situation in Kasai
  • High-level Interactive Dialogue with the Independent Expert on the situation of human rights in the Central African Republic
  • Interactive Dialogue with the Independent Expert on the situation of human rights in Mali 

Council programme, appointments and resolutions

During the organisational meeting for the 46th session held on 8 February, the President of the Human Rights Council presented the programme of work. It includes seven panel discussions. States also announced at least 28 proposed resolutions. Read here the reports presented this session

Appointment of mandate holders

The President of the Human Rights Council proposed candidates for the following mandates: 

  1. Expert Mechanism on the Rights of Indigenous Peoples (member from Africa) 
  2. Expert Mechanism on the Rights of Indigenous Peoples (member from North America)
  3. Special Rapporteur on extrajudicial, summary or arbitrary executions 
  4. Special Rapporteur on the situation of human rights in Cambodia
  5. Working Group of Experts on People of African Descent (member from African States)
  6. Working Group on Arbitrary Detention (member from Asia-Pacific States).

Resolutions to be presented to the Council’s 46th session

At the organisational meeting on 8 February the following resolutions were announced (States leading the resolution in brackets):

  • Promotion of the enjoyment of the cultural rights of everyone and respect for cultural diversity (Cuba)
  • Human rights and the environment, mandate renewal  (Costa Rica, Maldives, Morocco, Slovenia, Switzerland)
  • Prevention of torture and other cruel, inhuman or degrading treatment or punishment (Denmark)
  • Question of the realization in all countries of economic, social and cultural rights (Portugal)
  • Guarantee of the right to the health through equitable and universal access to vaccines in response to pandemics and other health emergencies (Ecuador)
  • Negative impacts of unilateral coercive measures (Azerbaijan on behalf of the Non-Aligned Movement-NAM)
  • Human rights, democracy and the rule of law (Morocco, Norway, Peru, Romania, Republic of Korea, Tunisia)
  • Freedom of religion or belief (EU)
  • Situation of human rights in the Democratic People’s Republic of Korea, mandate renewal (EU)
  • Situation of human rights in Myanmar, mandate renewal (EU)
  • Combating intolerance based on religion or belief (OIC)
  • Ensuring accountability and justice for all violations of international law in the Occupied Palestinian Territory, including East Jerusalem (OIC)
  • Right of the Palestinian people to self-determination (OIC)
  • Human rights situation in the Occupied Palestinian Territory, including East Jerusalem (OIC)
  • Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan (OIC)
  • Technical assistance and capacity-building for Mali in the field of human rights (African Group)
  • Persons with albinism (African Group)
  • Impact of non-repatriation of funds of illicit origin to countries of origin (African Group)
  •  The situation of human rights in Iran, mandate renewal (Moldova, United Kingdom of Great Britain and Northern Ireland, Iceland)
  • The right to privacy in the digital age, mandate renewal (Austria, Brazil, Germany, Liechtenstein, Mexico)
  • The human rights situation in the Syrian Arab Republic, mandate renewal (France, Germany, Italy, Jordan, Kuwait, Morocco, Netherlands, Qatar, Turkey, United Kingdom of Great Britain and Northern Ireland)
  • Promoting reconciliation, accountability and human rights in Sri Lanka (Canada, Germany, Montenegro, North Macedonia, United Kingdom of Great Britain and Northern Ireland) 
  • Situation of human rights in South Sudan, mandate renewal (Albania, Norway, UK) 
  • Read the calendar here.

Adoption of Universal Periodic Review (UPR) reports

During this session, the Council will adopt the UPR working group reports on Belarus, Liberia, Malawi, Panama, Mongolia, Maldives, Andorra, Honduras, Bulgaria, the Marshall Islands, the United States of America, Croatia, Libya and Jamaica. ISHR supports human rights defenders in their interaction with the UPR. It publishes and submits briefing papers regarding the situation facing human rights defenders in some States under review and advocate for the UPR to be used as a mechanism to support and protect human rights defenders on the ground. 

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. Panel discussions scheduled for this upcoming session:

  1. Annual high-level panel discussion on human rights mainstreaming. Theme: The state of play in the fight against racism and discrimination 20 years after the adoption of the Durban Declaration and Plan of Action and the exacerbating effects the COVID-19 pandemic has had on these efforts
  2. Biennial high-level panel discussion on the question of the death penalty. Theme: 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
  3. Meeting on the role of poverty alleviation in promoting and protecting human rights
  4. Annual full-day meeting on the rights of the child [two accessible panels]. Theme: Rights of the child and the Sustainable Development Goals
  5. Annual interactive debate on the rights of persons with disabilities [accessible panel]. Theme: Participation in sport under article 30 of the Convention on the Rights of Persons with Disabilities
  6. Debate on the midterm review of the International Decade for People of African Descent. (Commemoration of the International Day for the Elimination of Racial Discrimination)

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 2021.

To stay up-to-date: Follow @ISHRglobal and #HRC46 on Twitter, and look out for the Human Rights Council Monitor. During the session, follow the live-updated programme of work on Sched

To compare: https://humanrightsdefenders.blog/2020/09/06/hrc45-key-issues-for-human-rights-defenders/

https://www.ishr.ch/news/hrc46-key-issues-agenda-march-2021-session

A human rights defender’s story: Alicia Wallace from the Bahamas

February 17, 2021

On 15 January 2021 The International Service for Human Rights (ISHR) published a long interview with Alicia Wallace, a human rights defender from the Bahamas. Here it is in full:

“I remember to be hopeful, not because it feels good or because I am waiting for something to happen on its own, but because I believe in my own power and the magic we create when queer people, Black people, women come together to channel our rage, righteous and raw, into sustained action.”

The year is 2050. What does the world look like – in particular for women, Black people, LGBTI people?

We are making strides toward equality and we are centered in all decision-making processes. We are protected and respected. It is a norm for us to be in positions of leadership. Diversity is expected. We are as safe at night as anyone is during the day. We have access to education, healthcare, food, and housing. All of our needs are met. Redistribution of wealth is in progress. Our survival is not dependent on or propping up the capitalist system. We are defining justice for ourselves. We recognise ourselves as the source of our own healing.

How did your work help achieve the vision you just described?

My work provoked conversation. It made information, from academic theory to changemaking methodologies, accessible to everyone. I created spaces where people have been comfortable to question, critique, challenge, learn, share, and create. I developed tools for all of us to be able to think outside of the reality we used to know. We knew we were not bound to it because I put significant emphasis on imagination and future-making. I found a way to fight the injustice we faced and facilitate collaborative visioning, imagining, and creating. We channeled our rage, weaponised hope (inspired by the work of artist Angelika Wallace-Whitfield), and we came together to co-create the futures. I helped to create tools and systems to enable that practice.

Was there a defining moment in your life that motivated you to defend human rights?

I am a queer Black woman. I have student loan debt. I am unwaged. I am a survivor of violence. My life is a collection of moments that make it necessary for me to defend and promote human rights if I am to survive and leave the world better than I met it. Perhaps what prompts me to action is recognition of another important fact—I have privilege. I have had experiences I may never speak of, and I know that my circumstances could be a lot worse. It is important for me to use what I have to help us all get what we ought to have had a long time ago. For me, the defining moment happens over and over again, when I feel rage threatens to control my body, and I remember to be hopeful, not because it feels good or because I am waiting for something to happen on its own, but because I believe in my own power and the magic we create when queer people, Black people, women come together to turn channel our rage, righteous and raw, into sustained action.

Do you face any threats and attacks because of your work? 

I’ve been experiencing rape and death threats for the past six years. Most of it has been online. The most troubling threats come following participation in direct action or agitation from people in positions of influence. In 2018, when I participated in the 71st session of the Committee on the Elimination of Discrimination against Women (CEDAW) in Geneva, a radio personality made dangerous statements about me on the air. The same person incited the first threats of violence against me in 2014, so I knew I needed to take it seriously. I made a report to the CEDAW focal point on reprisals, but the outcome was not favorable. A government representative called me to suggest I report the incident to the police, but did not offer support in doing so and could not cite an offense, according to Bahamian law, that I would be reporting. It was a ridiculous suggestion that gave me no help. The government, of course, reported its “action” to the UN, even claiming that I said I no longer felt unsafe. I told the focal point that this was untrue and that, at the very least, the government should have been instructed to publicly state its support for human rights defenders, enact hate speech and hate crime legislation, and direct the radio personality to cease and desist all reference to me and any other human rights defenders. It would have cost the UN nothing to support me and other human rights defenders by making these recommendations to the government. Instead, I am left to fend for myself in a place where I continue to live and work without protection, legal or otherwise.

On this see what was stated by Andrew Gilmour in December 2019: “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.”[from: https://humanrightsdefenders.blog/2019/09/23/andrew-gilmours-2019-report-on-reprisals-it-gets-worse-but-response-remains-mostly-rhetoric/]

What could be done for you to be able to work safely and effectively?

Institutions and people in positions of power need to rebuke violence, harassment, and threats of violence. The State needs to enact legislation against hate crimes and hate speech. It needs to publicly state its support of human rights defenders, make it clear that the relationship between itself and advocates is complementary, not adversarial, and assert that it will protect us. The United Nations and other bodies in control of international mechanisms and reporting processes need to take responsibility for the safety and security of the human rights defenders it depends on to monitor and evaluate State action. These organisations need to raise the bar, calling States to higher standards. They have to make it clear to States and the general public that the safety and security of human rights defenders are a matter of priority before we are detained, disappeared, or murdered.

How has the Covid-19 pandemic affected your work? 

It has, as predicted, increased the volume of work. People, especially vulnerable people, are suffering. The pandemic has created crisis after crisis, from domestic violence and unpaid care work to unemployment and disruption of education. In anticipation of the effects of COVID-19 and State actions in response to it, Feminist Alliance for Rights (FAR)—where I am a steering committee member—produced guidelines for feminist policymaking during this time. This is one of the most critical pieces of work I have contributed to this year. In addition, I have been engaged in rapid response, working on policy recommendations to end gender-based violence, and continuing the regular programming of Equality Bahamas. It has been a busy year, but one of learning and where I have been able to see and strengthen my own agility. Human rights defenders have to be able to anticipate, prepare, respond, pivot, assess, and revise at all times, and especially during the crisis. The work has intensified and been taxing, but I believe that we have learned more this year than we have in years gone by, people are more aware of inequalities, and in addition to getting more people on our team, we can get institutions to make substantive change.

You are the producer of a monthly newsletter called The Culture RUSH. How does fusing pop culture with social justice help achieve your vision?

I want people to understand the movement for justice and equality. I want to see a broader understanding of feminism, women’s rights, LGBTQ+ people’s rights, and the importance of  centering vulnerable people in decision-making processes, programmes, and activities. We need more people on our team. That requires two main actions: communicating in clear, accessible ways, and meeting them where they are in order to deliver the message. Academic text, feminist theory, and the language of institutions and advocacy are not as appealing or accessible as pop culture. People know what’s going on in Cardi B’s marriage, Megan Thee Stallion’s friend group, and the lives of real housewives. If WAP gets us talking about women’s pleasure, let’s talk about  women in rap, lyrics, and music videos. In The Culture RUSH, I make connections between pop culture and social justice. In January 2021, I am starting Scorch, a paid subscription newsletter breaking feminist theory and academic text down into digestible bites (similar to Blinkist). I’m excited about making human rights and social justice accessible and interesting to wider audiences. When people are interested, they’re more likely to get invested, and when they’re invested, we can convince them to take action with us. People power is how we win.

Thank you, Alicia! 


Alicia A. Wallace is a queer Black feminist, gender expert, and research consultant. She is the Director of Equality Bahamas which promotes women’s and LGBTQ+ rights as human rights through public education, community programming, and advocacy. Her work has included a two-year educational campaign ahead of a national referendum on gender and citizenship, the design and coordination of  Women’s Wednesdays—a month event series bringing women together to share knowledge and ideas—and management of a disaster relief donation and distribution center. Alicia is also a steering committee member of Feminist Alliance for Rights (FAR). She has a weekly column on social and political issues in the Bahamian daily newspaper The Tribune and has published academic papers. 

Photo credits in order of appearance: Blair J. Meadows, Equality and Justice Alliance, Equality Bahamas

http://ishr.ch/news/human-rights-defenders-story-alicia-wallace-bahamas

75 countries join statement on reprisals at the Third Committee but more needed

November 30, 2020

As reprisals is one of the main topics on this blog [see e.g. https://humanrightsdefenders.blog/tag/reprisals/] readers will forgive me to report a bit belatedly on the GA Third Committee statement which the Service for Human Rights, quite timely, on 19 October 2020, brought to our attention:

For the second year in a row, a cross-regional group of countries called on all States and the UN to prevent, respond to, and ensure accountability for cases of intimidation and reprisals against those who engage or seek to engage with the UN.

In a joint statement presented to the Third Committee of the General Assembly today, 75 countries (listed below) acknowledged the crucial role civil society and human rights defenders play in the work of the UN and condemned acts of intimidation and reprisal against them. This represents an increase compared to the 71 countries that joined a similar statement last year

This welcome move led by the Permanent Mission of the United Kingdom to the UN is in line with the call made last September in resolution 42/28 at the Human Rights Council for the General Assembly to remain seized of all work in this area. 

The joint statement welcomed the Secretary-General’s report on reprisals against those who cooperate with the UN and shared his concerns on the growing number and patterns of reprisals globally; the disproportionate impact on certain groups, including women human rights defenders and peacebuilders; and the continued attacks on journalists and media workers. 

30 years ago, the Commission on Human Rights first expressed concern about reprisals and intimidation against those cooperating with the UN and searching for a solution requested the Secretary-General to report on the issue. Yet we find ourselves three decades later grasping for anything resembling progress. This year’s report is appalling as ever’, said ISHR’s Madeleine Sinclair.

The joint statement highlighted the need for more frequent reporting on reprisals, including in New York, to increase awareness and accountability. ‘At this point the Secretary-General’s report on reprisals is only considered once a year by the Human Rights Council. We are disturbed by the high number of countries cited (45 in 2020), the vast majority of which have been cited before. The increase in the number of countries cited for a pattern of intimidation and reprisals is equally alarming. For countries like Bahrain, Burundi, China, Cuba, Egypt, India, Israel, Myanmar, Saudi Arabia, Sri Lanka and Venezuela, and for the overwhelming majority of victims cited in 30 years of reporting whose cases remain unresolved, it seems a report delivered once a year is not enough’, added Sinclair.  

‘While we welcome this statement and the leadership of the United Kingdom as a step towards enhanced dialogue on the issue of reprisals at the General Assembly, more needs to be done to protect the right of everyone to communicate with the UN. We echo previous calls for States to step up efforts to address reprisals, including by referring to  specific cases during future dialogues at the UN’, added Sinclair. 

The full statement as delivered is available here. The statement was made by the United Kingdom on behalf of Afghanistan, Antigua and Barbuda, Albania, Andorra, Argentina, Australia, Austria, The Bahamas, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Chile, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, El Salvador, Ecuador, Estonia, Finland, Fiji, France, Georgia, Germany, Greece, Guatemala, Honduras, Iceland, Ireland, Italy, Japan, Jordan, Latvia, Lebanon, Liechtenstein, Lithuania, Luxembourg, Malta, Marshall Islands, Mexico, Moldova, Monaco, Mongolia, Montenegro, Nauru, Netherlands, New Zealand, North Macedonia, Norway, Panama, Palau, Paraguay, Poland, Portugal, The Republic of Korea, Romania, San Marino, Seychelles, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Tunisia, Tuvalu, Ukraine, United Kingdom, USA, Uruguay, Vanuatu. 

New States joining this year include: Antigua and Barbuda, Argentina, Honduras, Nauru, Palau, Paraguay; States who joined last year but not this year include: Samoa and Turkey.

Contact: Madeleine Sinclair, m.sinclair@ishr.ch

https://www.ishr.ch/news/unga75-75-countries-join-statement-reprisals-third-committee