Posts Tagged ‘reprisals’

Overview of recent campaigning for human rights defenders in Vietnam

November 18, 2017

The NOW! campaign, founded by 14 human rights organizations, calls for the immediate release of 165 prisoners of conscience in Vietnam. The campaign has established a comprehensive online database containing information about Vietnam’s prisoners of conscience. According to the database, Vietnam’s prisoners of conscience included bloggers, journalists, environmentalists, students, farmers, and workers who were arrested for their peaceful activism. Together, these men and women are serving 955 years and one month in prison, followed by 204 years under house arrest. Most of them were charged with violating article 79 of the criminal law, “plotting to overthrow the government”, and article 88, “conducting propaganda against the state”. But Civil Rights Defenders, one of the members of the NOW! campaign, said that the number of prisoners of conscience could be higher. [see also earlier post: https://humanrightsdefenders.blog/2016/01/14/assaults-on-human-rights-defenders-on-the-rise-in-vietnam/]

A letter signed by 17 civil society organizations urged leaders who attended the 2017 summit of the Asia-Pacific Economic Cooperation (APEC) in Vietnam to raise the issue of human rights violations committed by state forces. The letter informed APEC leaders that Vietnam has detained at least 25 peaceful activists and bloggers since last year. “This crackdown is contrary to the goal of “Creating New Dynamism, Fostering a Shared Future” which is the stated theme of this year’s APEC gathering. Arbitrary detention, censorship, and state-sponsored violence against activists and human rights defenders are not only an affront to our common humanity but a grave violation of international human rights laws and standards. We believe it is in the strong interest of APEC and of the international community to speak out against the widespread and systematic violations of human rights violations in Vietnam.”

Nine human rights groups launched the #StopTheCrackdownVN campaign decrying the crackdown of bloggers and activists in recent months and the harsh prison terms handed out to critics of the state. Don Le, a writer and member of Viet Tan political party, explained how the notorious articles 79 and 88 of the law are used by authorities to silence citizens: The law also allows authorities to filter, block or temporarily shutdown networks on the basis of any information that may be seen to “incite” mass gatherings that disturb national security and order. Given the Vietnamese government’s broad interpretation of national security, we might expect to see more attacks and shutdowns aimed at independent media and bloggers and arrests of peaceful community mobilisers.

But Vietnam is not easily impressed as the recent case of reprisals shows: Front Line Defenders reports that three human rights defenders were briefly arrested after meeting the EU Delegation in Hanoi. [On 16 November 2017, human rights defenders Pham Doan Trang, Bui Thi Minh Hang and Nguyen Quang were arrested by police after attending a meeting with the European Union Delegation in Hanoi to discuss human rights issues ahead of the EU – Vietnam Human Rights Dialogue, scheduled for 1 December 2017. After being kept incommunicado without access to legal representation, the human rights defenders were released. They remain under surveillance.] From Line adds that: Authorities in Vietnam have a habit of tightening the grip over human rights defenders and civil society ahead of international meetings. During the APEC Summit in Danang between 6 and 10 November 2017, and afterwards, during the state visits of U.S. President Donald Trump and Chinese President Xi Jinping, several human rights defenders and activists were kept under house arrest and heavy surveillance. Reports also state that human rights defenders were harassed by policemen in plainclothes to prevent them from meeting with international officials or organising demonstrations.

The Office of the UN High Commissioner for Human Rights issued a statement in July 2017 expressing concern about the detention and persecution of citizen journalists: We urge the Vietnamese authorities to immediately release all those detained in connection with their exercise of their rights to freedom of expression, and to amend the overly broad ill-defined laws that are used – under the pretext of national security – to crack down on dissent.

20th anniversary of UN Declaration on Human Rights Defenders starts with crucial draft resolution in the GA

November 1, 2017

9 December 2018 will mark the 20th anniversary of the ‘UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms‘ (in short the UN Declaration on HRDs).  The General Assembly and the Human Rights Council have over the years adopted annual resolutions, informed by reports by the Secretary-General and the Special Rapporteur on the situation of human rights defenders. However, as this blog and many others can testify, human rights defenders continue to face severe risks and are increasingly targets of actions taken by state and/or non-state actors in violation of the Declaration.  As we approach the 20th anniversary of the Declaration, the Norwegian delegation has just now tabled a draft resolution at the 72nd session of the General Assembly. The text is not officially out yet but the main new elements in the draft resolution are:

  • a high level meeting on HRDs in the General Assembly in New York next year, and
  • a request to the UN Secretary General/OHCHR to put together a comprehensive report on what UN can do to assist States.

Secretary-General Guterres should have no problem accepting such a request as he stated in the Human Rights Council on 27 February this year: “…To human rights defenders, I say: thank you for your courage. The United Nations is on your side. And I am on your side. I remind Member States of their responsibility to ensure that human rights defenders can operate without fear of intimidation.” [https://humanrightsdefenders.blog/2017/02/28/new-secretary-general-at-human-rights-council-tells-human-rights-defenders-and-i-am-on-your-side/]

The UN Mission of Norway is as usual in the lead in getting this resolution adopted, while facing the danger of hostile amendments. [see e.g.: https://humanrightsdefenders.blog/2016/03/23/norwegian-resolution-un-human-rights-council-defenders-amendments/]. They have their work cut out and any help in lobbying for this new draft would be most welcome. The text of the draft resolution as tabled follows below (it should be issued soon as an “L” document) in which I have highlighted operative paragraphs 14-17.

Draft resolution – version for tabling Read the rest of this entry »

Repressive governments and Ophelia compete to prevent HRDs to travel to Dublin

October 18, 2017

Andrew Anderson, the executive director of Front Line Defenders, published a piece at the beginning of the Dublin Platform for Human Rights hosted by Front Line Defenders in Ireland

Thwe Thwe Win working on her land near the copper mine in Myanmar. 25 May 2016. Photo: Lauren DeCicca / Front Line Defenders

Thwe Thwe Win working on her land near the copper mine in Myanmar. 25 May 2016. Photo: Lauren DeCicca / Front Line Defenders
Thwe Thwe Win is one of the 117 at-risk activists invited to the 2017 Dublin Platform for Human Rights Defenders who actually made it to the bi-anual gathering of global activists. ….

Like thousands of people trying to get into Ireland on Monday, dozens of our international guests had flights canceled or postponed. Another 11, however, were prevented from attending long before Ophelia hit, banned from leaving home by their governments…..It is an opportunity for defenders typically preoccupied with defending their communities – and surviving the threats that ensure – to spend 72 hours not being physically surveilled by a totalitarian state, threatened at work by an extremist group, or receiving menacing phone calls demanding their stop their activism. It is an opportunity to relax, something activists tend to forget to do. It is also a chance for defenders to learn from their peers around the world. Feminists from Nigeria strategise with Colombians about how to peacefully defend indigenous land from paramilitaries. Emirati human rights defenders chat to Moroccans about the high-tech spying software both their governments recently purchased. Bahrainis lament with Bangladeshis the unrelenting influence of Saudi Arabia in each oppressive state’s policies. Rights activists from most of the former Soviet block tend to tease the Russian about their own governments’ adopting a “copy and paste” approach to many of Russia’s anti-NGO laws.

This year there will be a noticeable gap in our Dublin Castle crowd. Last week, we learned that our Kuwaiti invitee was threatened by state officials not to travel. The Bahraini invited is currently in detention; last time she was there, they sexually assaulted her. The second young Bahraini woman we invited in her place – who boldly took to Twitter to speak out for the former – now has a travel ban. The Saudi activist learned he was on an intelligence surveillance list last week; he rang our Blackrock office to say he was too scared to leave home. The Gulf has been a blackhole of restrictions of freedom of movement for human rights defenders for some time now, but unfortunately that’s not the end of it. Our Syrian colleague has had his passport confiscated by state security in Turkey, and a Ukrainian lawyer has yet to be granted permission to travel.

An activist in Cameroon was arrested for his peaceful activism a few weeks ago – he won’t be joining us this week; he’s in prison. A Cuban human rights defender planned to leave home in Guantanamo City extra early, knowing he’d be stopped at the town’s many American-run military checkpoints – security in Guantanamo is tight. Ultimately, he was never granted the “exit permit” required to leave Cuba. In Colombia, David Rabelo Crespo was recently released from prison after 7 years for a crime he did not commit, but has still been forbidden from travel to Dublin.

Governments world-over know that it is not laws, conventions, or UN resolutions that bring human rights reform to a country – it’s people. They know that activists are only as powerful as their communities, both local and international, and are working harder than ever to ensure that networks of solidarity cannot flourish.

Radical social change – the kind that undermines dictatorships, dismembers racist populist tides, secures indigenous peoples’ rights to their land – has always been born out of collective struggle. It is clear that in preventing our human rights defender colleagues from Bahrain, Kuwait, Colombia, Saudi Arabia, Cameroon, Syria, and Bolivia from traveling, the respective authorities are not only vindictive, they are terrified of activists. Authoritarians think that if they lock human rights defenders away – behind bars or travel bans or physical attacks – that we will stop listening, that we will forget them. Authoritarians are wrong……….When governments work hard to silence activists, we must work harder to hear them.” [see alsohttps://humanrightsdefenders.blog/2015/11/30/closing-civil-society-space-a-euphemism-for-killing-human-rights-defenders/#more-7208]

Andrew Gilmour, UN Assistant Secretary-General for Human Rights,made statement on 17 October 2017 which is worth reading in its totality but I copy here only the part on reprisals:

At times – as some of you have experienced or witnessed – engagement with the UN on human rights can lead to reprisals and intimidation. This has been a long-standing concern to the Organization, and we are distressed at the increasing number of such acts. These range from travel bans, threats and harassment, smear campaigns, surveillance, restrictive legislation, physical attacks, arbitrary arrest and detention, torture and ill-treatment, including sexual violence, denial of access to medical attention, and even killings. Intimidation of human rights defenders is happening all the time. The purpose is to penalize individuals who have already spoken out, thereby also sending a signal to many others from speaking out in future.

Recognising the gravity of this issue, last October the Secretary-General announced that he had asked me to lead efforts to strengthen UN-wide action for prevention of, protection against, investigation into and accountability for reprisals. Many Governments are very supportive, and have offered resources for this endeavor. Our host country Ireland is very strong in this regard. We are trying to get as much information about what is going on, and for this we need your input, and will circulate our email address to help us get it.… I recount a few lines of what I said in my speech to the Human Rights Council three weeks ago as I presented the Secretary-General’s report on reprisals:

We believe the significance of this report goes far beyond the individual cases contained in it. I think we should see these individuals as the canary in the coal mine, bravely singing until they are silenced by this toxic backlash against people, rights and dignity – as a dark warning to us all. (…)

It is frankly nothing short of abhorrent that, year after year, we are compelled to present cases to you, the UN membership, of intimidation and reprisals carried out against people whose crime – in the eyes of their respective Governments – was to cooperate with the UN institutions and mechanisms whose mandate of course derives from you, the UN membership. (…)

I salute the extraordinary courage that it sometimes takes for the victims and their families to come forward and share their stories with us, and also the dedication of the civil society organizations who act on behalf of those affected.

[see also: https://humanrightsdefenders.blog/2017/06/21/assistant-secretary-general-for-human-rights-andrew-gilmour-speaks-very-freely-at-the-united-nations-association-of-the-usa/]

Sources:

Its people and not laws that bring human rights reform to a country

http://www.ohchr.org/SP/NewsEvents/Pages/DisplayNews.aspx?NewsID=22251&LangID=E

United Nations’ Andrew Gilmour: HRDs are like “the canary in the coalmine, bravely singing until they are silenced..”

September 22, 2017

Andrew Gilmour, UN Assistant Secretary-General for Human Rights (file). UN Photo/Manuel Elias

On 20 September 2017 the UN reported that a  growing number of human rights defenders around the world are facing reprisals and intimidation for cooperating with the United Nations, ranging from travel bans and the freezing of assets to detention and torture, says a new report issued by the world body.

“It is frankly nothing short of abhorrent that, year after year, we are compelled to present cases of intimidation and reprisals carried out against people whose crime – in the eyes of their governments – was to cooperate with UN institutions and mechanisms,” said Assistant Secretary-General for Human Rights Andrew Gilmour“We should see these individuals as the canary in the coalmine, bravely singing until they are silenced by this toxic backlash against people, rights and dignity – as a dark warning to us all,” Mr. Gilmour told the Human Rights Council in Geneva, as he presented the Secretary-General’s report.

The report, the eighth of its kind, names 29 countries where cases of reprisal and intimidation have been documented; this is higher than the previous highest number of 20. Eleven of the States are current members of the Human Rights Council, a news release pointed out. Some have featured in the annual report on reprisals nearly every year since it was instituted in 2010. [see my earlier: https://humanrightsdefenders.blog/2017/06/23/reprisals-at-the-un-more-calls-for-action-no-action/]

Mr. Gilmour told the Council that the problem was much more widespread than presented in the report. “Since this report is limited to reprisals against people cooperating with the UN, the cases covered in it represent only a small portion of a far more generalized backlash against civil society and others challenging State authorities, especially human rights defenders”. [see also: https://humanrightsdefenders.blog/2017/06/21/assistant-secretary-general-for-human-rights-andrew-gilmour-speaks-very-freely-at-the-united-nations-association-of-the-usa/]

———

Amnesty International has launched a campaign to publicize what it says is a worsening situation for human rights activists throughout the world. The group hopes its “Brave” campaign will persuade governments to keep the promises they made in United Nations treaties to protect defenders of human rights. The organization Front Line Defenders says 281 people were killed in 2016 for defending human rights. In 2015, the number was 156.

Guadalupe Marengo, head of Amnesty’s Human Rights Defenders Program, told the VOA that “In the current context of us-versus-them, of demonization, of full frontal attack actually I would say on human rights, it is crucial that we take stock and that we call on the authorities to stop these attacks immediately.” …….Amnesty says human rights defenders are arrested, kidnapped and killed around the world. It says they are also attacked using online technology. Surveillance tools are used to study their activity. Marengo says campaigns launched on social media tell lies about the activists in an attempt to cause others to oppose them. “They are accused of being terrorists; they are accused of being criminals, they are accused of defending ‘immorality.’” Amnesty International hopes the “Brave” program will show the worsening situation for human rights activists worldwide.

——–

To underscore the point the NGO CIVICUS made a statement to the same (36th) UN Human Rights Council based on a panel discussion on the rights of indigenous people. 

“I read this statement on behalf of 39 human rights defenders and civil society organisations working on indigenous, land and environmental rights from 29 countries who met in Johannesburg, South Africa from 7-9 August 2017 to discuss strategies to advance the protection of indigenous, land and environmental rights activists. Mr. President, 2016 surpassed 2015 as the deadliest year on record for those stood up against land grabbing, natural resource exploitation and environmental destruction. Worryingly, the number of killed has risen to 200 from 185 in 2016 and spread to several countries across the world.

In the current global climate, where repression of the rights to freedom of expression, association and assembly is becoming the norm rather than the exception, environmental and land defenders are particularly vulnerable. When we express concerns over the collusion between States and corporate actors, we face opposition – dissent is stifled and criminalised, and our lives are threatened. Often our work is discredited and we are labelled ‘anti-national’ and ‘anti-development’.

When we protest peacefully against this attack on our resources and livelihoods, we face violence from state authorities, private security groups and state-sponsored vigilante groups. When we stand up to defend the rights of our communities, we face unfounded criminal charges, unlawful arrests, custodial torture, threats to life and liberty, surveillance, judicial harassment and administrative hurdles, among other actions.

Mr. President, our families are threatened into silence and many of us have had to make the difficult decision to flee our homes and go into exile, retreating from a fight that has become too dangerous. We need global action to counter the threats we face.

We ask the panellists to urge the Council to emphasise the need for all states to ensure that affected communities are adequately consulted, including securing their full consent prior to the development of infrastructure and extractive industries projects. “

Sources:

United Nations News Centre – Growing number of rights defenders facing reprisals for cooperating with UN

http://www.civicus.org/index.php/media-resources/news/united-nations/geneva/2953-joint-statement-on-the-rights-of-indigenous-peoples

https://learningenglish.voanews.com/a/amnesty-human-rights-campaign/3861696.html

Important side event on Thursday 21 September 2017: Ending Reprisals

September 19, 2017

organizes on 21 September 2017 an important side event: “Ending Reprisals: Discussion with Human Rights Defenders and Experts”. The purpose of this discussion is to contribute to the critical debate on developing and strengthening procedures to prevent and address reprisals at the UN, ensuring that the voices of defenders are at the front and centre of the discussion.

This panel coincides with the presentation of the Secretary-General’s annual report on Cooperation with the United Nations, its representatives and mechanisms in the field of human rights (‘the reprisals report’) at the Council’s current session. [for some of my earlier posts on this crucial topic see: https://humanrightsdefenders.blog/tag/reprisals/]

Panelists: 

  • Michel Forst, UN Special Rapporteur on the situation of human rights defenders
  • Peggy Hicks, Director of Thematic Engagement, Special Procedures and Right to Development Division, OHCHR
  • Claudia Samayoa (UDEFEGUA), Human Rights Defender from Guatemala
  • Ellecer Carlos (iDEFEND & PAHRA), Human Rights Defender from the Philippines
  • Women human rights defender from Burundi, member of the MFFPS

Moderator:   Tess McEvoy, Legal Counsel, ISHR

(Attendance with UNOG pass only.)

Source: Invitation: Thursday 21 September, 3.00pm – Ending Reprisals: Discussion with Human Rights Defenders and Experts

Russia before the European Court for limiting NGOs communication with international bodies

August 8, 2017

In an intervention to the European Court of Human Rights in a case against Russia, the International Service for Human Rights (ISHR) has called on the Court to explicitly rule that that the rights to freedom of expression and association include the right to unhindered access and communication with international human rights bodies.

A law in Russia requires that an NGO receiving foreign funding and engaging in ‘political activity’ register as a ‘foreign agent‘. ‘Foreign agents’ not only have to comply with cumbersome financial and reporting requirements, but the negative stigma associated with this label have been described as debilitating. [https://humanrightsdefenders.blog/2013/12/16/russian-court-declares-adc-memorial-formally-as-foreign-agent-others-to-follow/]

After submitting a report to the UN Committee Against Torture, Anti-Discrimination Centre (ADC) Memorial – an NGO at that time operating in Russia – was required to register as a foreign agent on the basis that submitting the report constituted ‘political activity’. Following this, ADC Memorial brought a case against Russia in the European Court of Human Rights alleging that the administrative consequences associated with being labeled a foreign agent violate the rights to freedom of expression and association protected by the European Convention of Human Rights. ‘This case raises issues regarding meaningful protection the European Convention on Human Rights provides individuals exercising their right to freedom of expression and association with international human rights bodies and mechanisms’, says ISHR’s Legal Counsel Tess McEvoy. ‘It also demonstrates a serious and systematic human rights problem of reprisals and intimidation against those cooperating with the UN.’

ISHR submitted a third party intervention in the case of ADC Memorial. ‘The intervention is designed to assist the Court by providing an extended analysis of the scope of the rights to freedom of expression and association in international law to inform the interpretation of the European Convention on Human Rights’, McEvoy states. The analysis concluded that accessing and communicating with the UN is protected under the rights to freedom of expression and association enshrined in the European Convention on Human Rights, and that reprisals and intimidation against those cooperating with the UN would violate those rights. ‘It is vital that human rights defenders have the ability to communicate, publish and disseminate information to international human rights institutions to effectively promote and protect human rights. We call on the European Court to ensure that right is protected’.

For more information contact: Tess McEvoy, t.mcevoy@ishr.ch.

Source: Reprisals | ISHR calls on European Court to protect the right to communicate with international bodies | ISHR

Reprisals at the UN: more calls for action – no action

June 23, 2017

The UN and States must take visible and sustained action against acts of intimidation and reprisal against those engaging or seeking to engage with the UN“, says the International Service for Human Rights (ISHR) in two reports issued on 22 June 2017.  Unfortunately, the NGO community (the main victims of the practice of reprisals) finds it difficult to come up with new ideas on how counter the trend while States continue to block the participation and input by human rights defenders. [ see: https://humanrightsdefenders.blog/2014/03/13/zero-tolerance-for-states-that-take-reprisals-against-hrds-lets-up-the-ante/and https://humanrightsdefenders.blog/tag/reprisals/]

ISHR’s latest report to the UN Secretary-General demonstrates again the need for the UN and States to act to prevent and ensure accountability for intimidation and reprisals against those cooperating or seeking to cooperate with the UN, and lays out a series of recommendations in that regard. The report documents a disturbing pattern of reprisals against human rights defenders seeking to cooperate with the UN. It includes alleged cases of travel bans in Bahrain in the context of the Universal Period Review this May; disappearances and detention of defenders and lawyers, as well as intimidation of their families in China; and restrictions imposed on NGOs in Egypt.The report welcomes recent positive steps such as the appointment of Assistant Secretary General Andrew Gilmour as the first high-level official on reprisals against those cooperating with the UN on human rights, but highlights that more needs to be done. ‘In the overwhelming majority of cases, steps taken by the State to prevent, investigate or ensure accountability for reprisals have been inadequate or non-existent, and in many States there has been a high-level of impunity’ said ISHR’s Programme Coordinator and Legal Counsel, Tess McEvoy. [see also: https://humanrightsdefenders.blog/2016/10/05/assistant-secretary-general-andrew-gilmour-appointed-as-the-uns-focal-point-to-combat-reprisals-against-human-rights-defenders/]

The primary duty to prevent and remedy reprisals lies with States. However the UN itself also has a duty to step up. ‘Where States fail to adequately investigate and ensure accountability in relation to credible allegations of intimidation and reprisals, the UN should ensure an international, independent investigation into the case‘, said McEvoy. In the report ISHR called on UN bodies to take a more proactive role in combating reprisals and intimidation, and among other things, urged:

  • The Human Rights Council President and Bureau to clearly outlines steps the Council will take on receipt of information about credible risks of reprisals.
  • Treaty bodies to fully adopt and implement the San Jose guidelines.
  • The Assistant Secretary-General to ensure that rights holders and victims are kept regularly appraised of the status of their case.

     

    On the same day ISHR published a statement to the 35th session of the Human Rights Council, ISHR calling for a stronger focus on the implementation of Universal Periodic Review recommendations and the development of processes to ensure civil society can freely engage without fear of intimidation and reprisal. ‘Civil society is not only necessary for developing recommendations, but is essential for the working towards the implementation of these recommendations. The role of civil society must therefore be protected and enhanced’, said ISHR.

    While recommendations received are often accepted at ‘Geneva level’, implementation of these recommendations on the ground remains patchy. Item 6 on the agenda of the UN Human Rights Council provides a opportunity for dialogue on implementation.

    Alleged cases of intimidation and reprisals of human rights defenders engaging or seeking to engage in the UPR have escalated. ISHR received reports of cases in Egypt, India and Venezuela in the past year. Ongoing reprisals in Bahrain  are particularly concerning, including the imposition of travel bans on 27 defenders during the 27th UPR pre-session – including Sayed Hadi Al Musawi – as well as the interrogation of Abtisam Alsayegh in relation to her UN engagement. ISHR’s statement reiterated calls for States to ask advance questions, and make recommendations about the prevention, investigation, prosecution and remediation of reprisals.

    Reprisals against human rights defenders for their engagement with the UPR remain worryingly prevalent,’ said McEvoy. Given civil socity’s fundamental role in the UPR, we call on the President, Bureau and Secretariat to establish an institutionalised reprisals mechanism to prevent, investigate, remedy and promote accountability for reprisals associated with the UPR’, McEvoy continued. These calls form part of ISHR’s broader strategy to strengthen the UPR  which can be accessed hereContact: Tess McEvoy, Programme Coordinator and Legal Counsel, and focal point for ISHR’s UPR advocacy, on: t.mcevoy@ishr.ch.

    http://www.ishr.ch/news/report-sg-un-and-states-must-do-more-prevent-and-ensure-accountability-reprisals-0

Human Rights Defenders issues on the agenda of the next 35th Human Rights Council

June 1, 2017

The International Service for Human Rights (ISHR) in Geneva has published again its timely alert to the next Session of the UN Human Rights Council, from 6 to 23 June 2017. 

It is a rich document [https://www.ishr.ch/news/human-rights-council-key-issues-agenda-35th-session-june] and I list here only the items most directly related to Human Rights Defenders:

Thematic areas of interest:

Sexual orientation and gender identity

The first annual report of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity will be presented between 9:00 and 12:00am on Tuesday 6 June. Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico and Uruguay will organise an event on Advancing human rights protection and ending violence and discrimination based on sexual orientation and gender identity on 9 June from 11:30-13:00 in Room IX.

Reprisals

In a recent letter to the President of the Human Rights Council, ISHR called for urgent attention to be given to cases of reprisals which have not been followed up by the Human Rights Council. One of the most serious instances of reprisal is against Chinese human rights defender Cao Shunli, who died in detention on 14 March 2014 after being detained for her engagement in UN human rights mechanisms. Despite her case being communicated with the Bureau during the three years following her death, there has been no independent investigation or adequate response. ISHR looks forward to consolidating the advances made by the recent appointment of Assistant Secretary General Andrew Gilmour to receive, consider and respond to allegations of reprisals. Acts of intimidation and reprisal against human rights defenders seeking to cooperate with the UN constitute violations of international human rights law and undermine the human rights system. The Human Rights Council should respond with appropriate gravity to reprisals and follow-up past cases during its 35th session. [for my many posts on reprisals see: https://humanrightsdefenders.blog/tag/reprisals/]

Business and human rights

The mandate of the Working Group on human rights and transnational corporations and other business enterprises will be up for renewal during the session. The report of the Working Group will be considered by the Council, in addition to reports of country missions to Mexico and the Republic of Korea.

The Working Group will also present a study on best practices and how to improve the effectiveness of cross-border cooperation between States with respect to law enforcement on the issue of business and human rights, and a report on public procurement (not yet available at time of writing). Over the past three years, the Working Group has increasingly recognised the role of human rights defenders in ensuring business respect for human rights, and the specific challenges faced by defenders working on business and human rights issues, as exemplified by a dedicated workshop on this topic during its last session in May 2017. Since the last renewal of the mandate in 2014, the Working Group has also made increasing use of its ability to confront States and companies with allegations of human rights violations. From just 16 such communications in 2014 the Working Group has increased to 21 in 2015 and 42 in 2016. Both of these trends should be recognised and encouraged by the resolution renewing the mandate of the Working Group.

Women human rights defenders and women’s rights

The annual full day discussion on the human rights of women will take place on Tuesday 13 June from 9:00 to 12:00 and from 15:00 to 18:00. It will focus on engaging men and boys in responding to and preventing violence against women and girls. Engaging with men and boys to combat violence and discrimination against women and girls is essential to efforts to prevent and eliminate all forms of discrimination and violence against them. This should include challenging the harmful gender stereotypes and negative social norms, attitudes and behaviours that underlie and perpetuate such violence.  Equally, it is important that the Council’s discussions and resolutions in this area  recognise the critical role of women human rights defenders (WHRDs) and organisations led by women and girls as rights holders and agents of change. They should be involved and consulted in the planning, design, implementation and monitoring of legislation, policies and programmes, including programs aimed at engaging men and boys.

ISHR will support joint advocacy on the resolutions on violence against women and discrimination against women, and on the ‘protection of the family’. The latter resolution will focus on ‘the rights of older persons in the context of family.’ States must ensure that this resolution upholds universal principles of human rights based on equality and non-discrimination. Many household structures and family forms exist across the world, facing particular situations and challenges that require tailored policy responses…

Cooperation of States with Special Procedures

There remains a consistent lack of State cooperation with Special Procedures, as demonstrated by the number of communications sent by the experts that have not received a State response, recorded in the Joint Communications Report published at every session of the Human Rights Council. ISHR welcomes recent developments in making communications more accessible, including the searchable database of communications, but continues to express concern that access to information regarding specific cases and State replies is still hard to find for victims and authors. [see my post from many years ago: https://www.linkedin.com/pulse/20140603192912-22083774–crime-should-not-pay-in-the-area-of-international-human-rights]

Country specific developments

China: The Special Rapporteur on extreme poverty and human rights, Prof Philip Alston, will present the report from his country visit to China. Prof Alston was tailed by State security and was prevented from meeting with civil society during his visit. As a result, the country report stresses the necessity of civil society in holding the Chinese Government accountable to human rights standards. The country visit was further undermined by reprisals. Following a meeting with Prof Alston, disbarred human rights lawyer Jiang Tianyong disappeared. His family was informed of his detention nearly one month later. Despite UN experts calling for an investigation into his disappearance, Jiang remains in ‘residential surveillance in a designated location’. Prof Alston’s report will be a key opportunity to discuss the ongoing crackdown on human rights defenders and concerns the Office of the High Commissioner for Human Rights for civil society in China.  [see also: https://humanrightsdefenders.blog/tag/jiang-tianyong/]

Burundi The commission of inquiry on Burundi will present an oral update on 14 and 15 June. ISHR remains concerned by consistent and deliberate lack of cooperation with human rights mechanisms in Burundi. The country continues to refuse to cooperate with UN Human Rights Council’s Independent Experts and despite the international community’s efforts to mitigate a human rights crisis, the situation continues to deteriorate. ISHR calls on the Burundian authorities to cease attacks against journalists and defenders and to cooperate with the UN commission of inquiry and implement the recommendations from both UN and African Commission reports.  [see inter alia: https://humanrightsdefenders.blog/2016/02/08/what-is-burundi-doing-in-the-un-human-rights-council/]

Other country situations where human rights defenders will surely come up: 

  • The interactive dialogue on the Democratic Republic of Congo (DRC), from 12:00 to 15:00 on Tuesday 20 June.
  • The interactive dialogue with the Independent Expert on Côte d’Ivoire will take place from 9:00 to 12:00 on Tuesday 20 June.
  • ISHR has joined a coalition of civil society organisations in urging State delegations to the Human Rights Council to express concern about the ongoing human rights crisis in Ethiopia.

Council programme, appointments and resolutions

Organisational meeting. The President of the Human Rights Council once again urged States to combat reprisals during the session. ‘As part of a constructive working atmosphere, it is in our common interest to have a climate of trust and security, whereby States ensure the appropriate protection against any acts of intimidation or reprisals against individuals and groups that cooperate or have cooperated with the United Nations, their representative and human rights mechanisms,’ he stated.

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

  1. Independent Expert on human rights and international solidarity [HRC resolution 26/6]
  2. Special Rapporteur on minority issues [HRC resolutions 25/5 and 34/6]
  3. Special Rapporteur on the human rights of migrants [HRC resolution 26/19]
  4. Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism [HRC resolution 31/3]

Panel discussions

During each Council session, panel discussions are held to provide member States and NGOs opportunities to hear from subject-matter experts and raise questions. Among the 4 panel discussions scheduled for this session:

Resolutions to be presented to the Council’s 35th session

At the organisational meeting on 22 May 2017 the following resolutions were announced (States sponsoring the resolution in brackets):

  • Resolution for the extension of the mandate on the Working Group on business and human rights (Norway and core group of Russia, Argentina and Ghana)
  • Resolution on accelerating efforts to eliminate all forms of violence against women (Canada)
  • Resolution on discrimination against women (Colombia, Mexico)
  • Resolution on the protection of the human rights of migrants (Mexico)
  • Resolution on the protection of human rights and fundamental freedoms while countering terrorism (Mexico)
  • Resolution on the human rights situation in the Syrian Arab Republic (France, Germany, Italy, Jordan, Kuwait, Morocco, Qatar, Saudi Arabia, Turkey, UK and USA )
  • Resolution on the independence and impartiality of the judiciary, jurors and assessors, and the independence of lawyers (Australia, Botswana, the Maldives, Mexico, Thailand, Hungary)
  • Resolution for renewal of the mandate of the Special Rapporteur on Independence and impartiality of the judiciary, jurors and assessors, and the independence of lawyers (Hungary)
  • Resolution for the renewal of the mandate of the Special Rapporteur on extrajudicial, summary or arbitrary executions (Sweden)
  • Resolution for the renewal of the mandate of the Special Rapporteur on the human rights situation in Belarus(EU)
  • Resolution for the renewal of the mandate of the Special Rapporteur on extreme poverty and human rights (France, Albania, Chile, Morocco, Senegal, Romania, Philippines, Peru)

For the the guide to the 34th session see: https://humanrightsdefenders.blog/2017/02/24/34th-human-rights-council-ishr-guide-to-key-issues-for-human-rights-defenders/

 

International Service for Human Rights publishes Annual Report

May 16, 2017

The International Service for Human Rights (ISHR) has also published its annual report on 2016 (a bit confusingly called Annual Report 2017 as it also contains plans for 2017). Several chapters contain substantive information on the excellent work done for human rights defenders:

Agents of change | Empowering defenders to achieve impact (p 10)

Model Law | Groundbreaking new tool to protect defenders  (p 14)

Strange bedfellows | The role of business in protecting civil society space (p 18)

Reprisals | Ending attacks against those who cooperate with the UN (p 21)

Defending diversity | The struggle for LGBTI dignity and rights.

https://www.ishr.ch/news/supporting-defenders-achieving-change-2017-annual-report

Amnesty report big rise in number of human rights defenders killed in 2016

May 16, 2017

Amnesty International said there an 80% rise in the number of human rights activists killed around the world in 2016. https://www.amnesty.org/en/get-involved/brave/

Amnesty International said 281 people were killed in 2016 while working to defend human rights. The organisation said it is part of a growing trend of intimidation and persecution of activists. Amnesty also pointed out that oppressive measures are not just happening far afield – with abuses reported in countries like Hungary and Turkey. This is how the Executive Director of Amnesty International, Ireland Colm O’Gorman described it: “We’re seeing an unparallelled global assault on the work of human rights defenders, so laws that are brought in to inhibit human rights work, whether it be the foreign agent laws we’ve seen in Russia, bans of foreign funding for NGOs in Hungary and other countries or indeed mass surveillance techniques being used against human rights defenders.”

Colm O’Gorman.

see also: https://humanrightsdefenders.blog/2017/01/09/front-line-launches-its-2016-report-on-human-rights-defenders-at-risk/

Source: Amnesty report huge rise in number of human rights activists killed in 2016 | BreakingNews.ie