The UN Human Rights Council will hold its 56th regular session at Palais des Nations in Geneva from 18 June and 12 July 2024. And as always the excellent Alert of the International Service for Human Rights permits me to hightlight what concerns HRDs most. To stay up-to-date you can follow @ISHRglobal and #HRC56 on X, and look out for the Human Rights Council Monitor.
Civil Society Access and Participation The UN is facing a severe liquidity crisis due to member states not paying their membership dues in full and on time. This shortfall is impacting victims and survivors of human rights violations. The crisis risks being used to impose restrictions on civil society participation, although online and hybrid modalities offer cost-effective and environmentally friendly solutions. Over 100 human rights organisations have called on all states to promptly pay their dues to address the liquidity crisis. Additionally, this session States have the opportunity to continue to build on the good practices adopted in the past years and allow for a broader, more inclusive, effective and climate-friendly human rights system, including by providing remote access to informal consultations on HRC resolutions that can greatly benefit from the analysis and lived experiences of human rights defenders.
Thematic issuesIssues on the agenda At this 56th session, the Council will discuss a range of civil, political, economic, social and cultural rights through dedicated debates with the mandate holders and the High Commissioner, including with the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur on the right to freedom of expression, the Special Rapporteur on the rights to freedom of peaceful assembly and of association, the Special Rapporteur on promotion and protection of human rights in the context of climate change, 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 Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, the Special Rapporteur on the rights of Internally Displaced Persons, the Special Rapporteur on violence against women and girls, the Special Rapporteur on independence of judges and lawyers
The Council will also hold debates on interrelation of human rights and thematic issues including with: The High Commissioner on new and emerging technologies.
The new incoming Independent Expert on violence and discrimination on the basis of sexual orientation and gender identity, Graeme Reid, will present his first report focusing on freedom of expression, assembly and association.
Environment and Climate Justice The Special Rapporteur on Internally Displaced Persons will present her report on planned relocations of people in the context of the adverse effects of climate change and disasters. This report is building up on previous reports by other mandates and will also look at laws and policies at the national, regional, and international levels. The newly appointed Special Rapporteur on Climate Change will also present her first report looking at the upcoming priorities and some reflections of the progress achieved on some issues in the last 5 years. The report will also provide a snapshot of some other key topics and the impacts on some particular groups. The Special Rapporteur will also present two country visits reports: Honduras and the Philippines. There is currently a call for inputs for her upcoming General Assembly report on access to information on climate change and human rights. The Working Group on Business and Human Rights will present its report on investors, Environmental, Social, and Governance (ESG) approaches and human rights. The report will raise awareness of the responsibilities of investors and will clarify responsibilities on how to align their ESG approaches to human rights. On Thursday 20 June, the President of the Human Rights Council is organising a high-level informal Presidential discussion on ‘The important link between climate change, food security and health security’. The discussion should address the important role of environmental human right defenders in promoting and securing the full realisation of the right to a clean, healthy and sustainable environment; and recognition of the obligation of States to prevent, protect and promote their work in an enabling environment.
International SolidarityCivil society and international experts have continued to raise grave concern at the attacks on fundamental freedoms when advocating for the human rights of Palestinians by authorities in Western countries, including in universities. The High Commissioner deplored the ‘sharp rise in hatred globally – including anti-Semitism and Islamophobia’. In her report to the Council, the Independent Expert on International Solidarity called on States to ‘eliminate the criminalization of international solidarity expressions and symbols and calls for accountability for violations of public international law norms, such as calls for peace, self-determination or decolonization and the ending of apartheid or genocide […] stressing that States ‘should not conflate them with ‘manifest support of terrorism’ or antisemitism in relevant legislation or regulations’. The Special Rapporteur on racism also raised concern at ‘accusations of antisemitism on the basis of legitimate criticism of treatment of Palestinians by Israel’ in her report following her visit to the United States.
The Special Rapporteur on Education, following her visit to the United States, stressed that the International Holocaust Remembrance Alliance (IHRA) definition conflating criticism of Israel with antisemitism is being used to crackdown against pro-Palestinian protesters, including individuals who ‘self-identify as belonging to the Jewish community or represent Jewish student associations’. The Rapporteur addressed violations against students following the organisation of ‘mass encampments at nearly 40 universities in more than 25 states across the country’, including the detention of more than 2000 individuals, raids by fully armed police on university campuses requested by educational institutions to ‘disperse demonstrators and dismantle encampments’. During the session, and especially in the ID with the experts on International Solidarity, Education, Freedom of Expression, Freedom of Assembly and Association, we urge States to call for an end to the repression and criminalisation of groups and individuals advocating for the human rights of the Palestinian people, including through the instrumentalization of anti-Semitism (IHRA definition) and anti-terrorism policies, including in universities, and especially in the West (including in Austria, France, Germany, Italy, United States, United Kingdom).
Reprisals HRC56 is 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. This month ISHR launched a new campaign regarding cases. ISHR urges States to raise these cases in their statements:
Cao Shunli was a prominent Chinese human rights defender, who sought to share information on the human rights situation in China with the United Nations in Geneva. Cao was arbitrarily detained and died in prison 10 years ago. [for more saee: https://humanrightsdefenders.blog/tag/cao-shunli/]
Khurram Parvez and Irfan Mehraj are two Kashmiri human rights defenders. They have conducted ground-breaking and extensive human rights documentation in the Indian-administered Jammu and Kashmir, including through their work within the Jammu Kashmir Coalition of Civil Society (JKCCS). In 2016, Indian authorities arrested Khurram a day after he was barred from traveling to Geneva to attend the 33rd session of the Human Rights Council. See also: https://www.trueheroesfilms.org/thedigest/laureates/81468931-79AA-24FF-58F7-10351638AFE3 and https://humanrightsdefenders.blog/tag/khurram-parvez/. Meanwhile, on 20 March 2023, Irfan was summoned for questioning and arbitrarily detained by the NIA in Srinagar also under provisions of the UAPA and other laws. The NIA targeted Irfan for being ‘a close associate of Khurram Parvez.’ Both Khurram and Irfan are presently in pre-trial detention in the maximum-security Rohini prison in New Delhi, India.
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: Interactive Dialogues with the High Commissioner and the Special Rapporteur on Myanmar Enhanced Interactive Dialogue with the Special Rapporteur on Afghanistan Interactive Dialogue with the Independent international fact-finding mission for the Sudan Interactive Dialogue with the Commission of Inquiry on the Occupied Palestinian Territory and Israel Interactive Dialogue with the Special Rapporteur on Eritrea Interactive Dialogue with the Special Rapporteur on Belarus Interactive Dialogue with the Commission of Inquiry on Syria Interactive Dialogue with the Special Rapporteur on Burundi Interactive Dialogue with the High Commissioner on Venezuela Interactive Dialogue with the High Commissioner on Libya Interactive Dialogue with the Independent Expert on Central African Republic Interactive Dialogue with the High Commissioner on Ukraine and interim report of SG on Crimea Interactive Dialogue with the High Commissioner on Colombia
Afghanistan On 18 June, Richard Bennett, Special Rapporteur on Afghanistan will present his most recent report on the ‘phenomenon of an institutionalized system of discrimination, segregation, disrespect for human dignity and exclusion of women and girls’ (HRC res. 54/1). The report provides a multidimensional understanding of the design, commission and impact of the harms resulting from the Taliban’s institutionalized system of gender-based oppression. We welcome the Special Rapporteur’s view expressed in the report that the framing of gender apartheid most fully encapsulates the institutionalized and ideological nature of the abuses in the country. We note that the report of the Working Group on Discrimination Against Women to be presented at this session also noted the pattern of large-scale systematic violations of women’s and girls’ fundamental rights in Afghanistan ‘constitutes an institutionalized framework of apartheid based on gender and merits an unequivocal response.’ ISHR considers that the pursuit of justice for Afghan women and girls demands a multifaceted approach harnessing the strengths of various accountability mechanisms, including the establishment of an accountability mechanism for crimes against humanity; with strategic coordination exerting heightened pressure on the Taliban. See also: https://www.afintl.com/en/202406121393
Sudan On 18 June, the Fact-Finding Mission on Sudan will provide its first oral update to the HRC. Since the conflict erupted between the Sudanese Armed Forces and the Rapid Support Forces (RSF) on 15 April 2023, more than 30 thousand people have been killed while 10 million and a half have been displaced, a majority of which are women and children. Half of the population is now on the verge of famine, and 2.5 million could die of starvation by September. The continued fighting in El Fashir portends a repeated massacre and ethnic cleansing of the Masalit in El Geneina last year. In Aljazeera at least one hundred people were killed by RSF on 5 June, the area is facing grave human rights violations since last December. Meanwhile, the attacks on women’s rights groups and local response initiatives continue unabated.bHumanitarian responders get arbitrarily arrested, and smeared as traitors by the warring parties, some sentenced for up to 2 years and even killed. States should call for an immediate ceasefire, protection of civilians and adherence to international law by all parties in the conflict.
Occupied Palestinian Territory and Israel On 19 June, the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel will present its report addressing the 7 October attacks by Palestinian armed groups and the commencement of Israel’s war on Gaza.
Venezuela The High Commissioner will present his report on 3 July with his Office staff still operating from Panama. The Maduro government has still not permitted the return of the Office on the terms of its original mandate. With Presidential elections to be held on 28 July, concerns increase about the safety of human rights defenders and opposition figures. Uncertainty has recently been increased by the re-introduction (and then rapid postponement of adoption) of the NGO Law. HRDs Javier Tarazona and Rocío San Miguel remain wholly unjustifiably detained. States must engage actively in the dialogue with the High Commissioner to make clear their support of the essential work of human rights defenders and of the UN’s essential, multifaceted regime scrutinising the human rights situation in the country. Situations of concern that are not on the Council’s agenda
Algeria The sustained repression against the pro-democracy movement and human rights defenders in Algeria was addressed in the end-of-session statements of the Special Rapporteur on freedom of association and assembly as well as the Special Rapporteur on human rights defenders who conducted official visits to Algeria in 2023. These were the first visits since 2016 by UN mandate holders to the country. The Special Rapporteur on Freedom of Assembly and Association addressed the ‘criminalisation of civil society work‘, and the ‘suspension or dissolution of political parties and associations, including prominent human rights advocacy organisations’ (including RAJ and LADDH), as well as ‘overly restrictive laws and regulations’ hindering their work.
Bahrain Thirty-three civil society organisations reiterated that thirteen years since Bahrain’s popular uprising, systemic injustice has intensified and political repression targeting dissidents, human rights defenders, clerics and independent civil society has effectively shut any space for the peaceful exercise of the right to freedom of expression or peaceful activism in the country. Despite the recent royal pardon issued on 8 April 2024, which included the release of more than 650 political prisoners, marking a change in State policy from previous royal pardons, the pardon excluded many individuals who played significant roles in the 2011 pro-democracy uprising, with an estimated 550 political prisoners remaining behind bars. HRC56 provides an important opportunity to address these developments in States’ national and joint statements, including during the Interactive Dialogues with the Special Rapporteurs and Independent Expert on Health, Freedom of Expression, Peaceful Assembly and Association, Independence of Judges and Lawyers and International Solidarity. We urge States to call for the release of all those arbitrarily, including human rights defenders and opposition activists Abdulhadi Al-Khawaja, Abduljalil Al-Singace, Hassan Mushaima and Sheikh Ali Salman as well as death row inmates Mohammed Ramadhan and Husain Moosa, who have now spent over a decade unlawfully detained following torture and unfair trials and remain at immanent risk of execution.
China The adoption on 4 July of the outcome of China’s fourth UPR review, which exposed strong international condemnation over grave abuses in January, is a key opportunity for States to urge China to fully implement recommendations emanating from existing findings by UN bodies. Any rejection by the Chinese government of UPR recommendations referring to UN expert mechanisms or to constructive cooperation with the UN system should be promptly condemned. Ahead of the second anniversary of the publication of the damning OHCHR Xinjiang report, and its authoritative findings of possible crimes against humanity in the Uyghur region, States should request updates on the implementation of the report’s recommendations. To uphold the integrity of its mandate and put an end to China’s exceptionalism, the HRC must also establish a monitoring and reporting mechanism on the country, as repeatedly called for by over 40 UN experts and hundreds of human rights groups globally. States should further urge the UN High Commissioner to strengthen follow-up action on his Office’s Xinjiang report, including through public calls for implementation, through translation of the report, and through an assessment of its implementation. States should raise serious concerns at the repression of peaceful protests by over 100 Tibetans who opposed a hydropower project in Derge County, affecting villages and monasteries. States should unequivocally call out the adoption of yet-another national security law further criminalising dissent and human rights promotion in Hong Kong, considered a ‘regressive step’ by High Commissioner Türk. States should echo the latter’s call to ‘release immediately and unconditionally all those arbitrarily arrested and detained under these laws.’ States should further ask for the prompt release of human rights defenders arbitrarily detained or disappeared, including feminist activist Huang Xueqin, human rights lawyers Ding Jiaxi, Yu Wensheng and his wife Xu Yan, legal scholar Xu Zhiyong, Uyghur doctor Gulshan Abbas, Hong Kong lawyer Chow Hang-tung, and Tibetan climate activist A-nya Sengdra.
Occupied Western Sahara ISHR is concerned over the situation of Saharawi human rights defenders, including lawyer M`hamed Hali, who has been arbitrarily deprived of his right to practice in the Moroccan judicial system due to opinions expressed in support of the right to self-determination for the people of Western Sahara. His hearing is scheduled on 27 June in front of Morocco´s highest court. We urge States to address the crackdown on Sahrawi civil society including: during the Interactive Dialogues with the Special Rapporteurs on Freedom of Expression, Peaceful Assembly and Association, to call on Morocco to immediately put an end to ‘the systematic and relentless targeting of human rights defenders in retaliation for exercising their rights to freedom of association and expression to promote human rights in Western Sahara’; during the Interactive Dialogue with the Special Rapporteur on the Independence of Judges and Lawyers to call on Morocco to reinstate M’hamed Hali’s right to practice as a lawyer, stressing that this case sets a dangerous precedent for the independence of lawyers; and during the Interactive Dialogue with the Independent Expert on International Solidarity to reiterate the recommendation of the expert that ‘States should eliminate the criminalization of international solidarity expressions and symbols and calls for accountability for violations of public international law norms, such as calls for peace, self-determination or decolonization […]’ in the case of Western Sahara.
Saudi Arabia On 4 July, the Council will consider Saudi Arabia’s fourth UPR outcome, as the authorities announce whether they have accepted or rejected recommendations issued by States in January. The recommendations address widespread and systematic rights violations in the Kingdom, and have the potential to bring about significant change. They include, but are not limited to: calls for the release of prisoners of conscience, many of whom are serving decades-long prison sentences for peacefully exercising their basic rights, and the repealing of travel bans imposed on human rights defenders following their release; the abolition of the death penalty for child defendants, with several young men at imminent risk of execution for alleged crimes committed as minors; and a raft of legislative measures, including ratifying key international human rights treaties and revising repressive laws. States should use this key opportunity to urge Saudi Arabia to accept them in good faith, and crucially implement them.
Tunisia In May 2024, Tunisian authorities waged an unprecedented crackdown against Black migrants and refugees, and civil society organisations defending their rights. On 6 May, in the opening address to a National Security Council meeting, Tunisian President Kais Saied reiterated discriminatory and hateful remarks against Sub-Saharan migrants and refugees while inciting against civil society organisations, describing them as ‘traitors and [foreign] agents’ and ‘rabid trumpets driven by foreign wages’, because of their receipt of foreign funding and their ‘insulting’ of the state. The president questioned the sheltering of asylum seekers and refugees by the Tunisian Council for Refugees (CTR) – a nongovernmental organization, partner of the UNHCR, which supports the registration of asylum claims – and described asylum seekers and refugees residing in Tunisia as illegal. President Saied suggested that CSOs should only work with the state and under its instructions. Since 3 May, Tunisian authorities have arrested and opened investigations against the heads or members of at least six organisations working on migrant and refugee rights and against racial discrimination, including the CTR. Five people, including WHRD Saadia Mosbah, President of Mnemty, have remained in pre-trial detention, under unfounded accusations of financial crimes. On 14 May, the Prime Minister announced that a new association law is being finalized, which would replace Decree-Law 88, an internationally lauded legislation that that safeguards Tunisia’s right to the freedom of association. During the interactive dialogues with the Special Rapporteurs on Freedom of Assembly and Association, and Freedom of Expression, we urge States to call on Tunisia to put an end to the crackdown on civil society, immediately release all those arbitrarily detained, including individuals providing support or advocating for the rights of migrants and refugees, and to firmly condemn the escalating smear campaign and stigmatisation of human rights and humanitarian organisations receiving foreign funding and working with migrants and refugees, supported by the president’s speeches, often making use of discriminatory and racist language against Black migrants and Black people.
Adoption of Universal Periodic Review (UPR) reports During this session, the Council will adopt the UPR working group reports on Belize, Central African Republic, Chad, China, Congo, Jordan, Malaysia, Malta, Mauritius, Mexico, Monaco, Nigeria, Saudi Arabia, Senegal. ISHR supports human rights defenders in their interaction with the UPR. This session of the Council will provide an opportunity for Chad, China, Congo, Mauritius, Nigeria to accept recommendations made in relation to human rights defenders, as proposed in ISHR’s briefing papers.
On 22 May 2024 Front Line Defenders launched its Global Analysis 2023/24 on the situation of human rights defenders (HRDs) at risk around the world, an in-depth annual publication detailing the variety of risks, threats and attacks faced by HRDs around the world.
The report also reveals statistics gathered and verified by the HRD Memorial initiative – which Front Line Defenders coordinates – documenting the killings of at least 300 HRDs in 28 countries in 2023. Almost a third of those killed (31%) were Indigenous people’s rights defenders. This brings the total documented killings of HRDs in the last decade to nearly 3,000.
“This appalling wave of attacks on human rights defenders is a direct result of an international human rights framework left in tatters and governments’ double standards when it comes to respecting human rights,” said Alan Glasgow, Executive Director of Front Line Defenders. “A quarter decade after the UN adopted a Declaration on human rights defenders, not enough progress has been made to ensure defenders are valued and protected. In this time, thousands of defenders have paid with their lives and many more face ongoing attacks and intimidation for their peaceful work. Urgent action is needed to change this.”
Wide-ranging risks to HRDs
Globally, the violation most commonly cited by HRDs was arbitrary arrest/detention (15%), followed by legal action (13%), continuing an ongoing trend of criminalisation as the most-reported risk. This was followed by death threats (10.2%), surveillance (9.8%) and physical attacks (8.5%). Trans and non gender-conforming HRDs reported slightly higher rates of physical attacks, and a much greater risk of smear campaigns. Globally, the five most targeted areas of human rights defence were: LGBTIQ+ rights (10.2%); Women’s rights (9.7%); Human rights movements (8.5%); Indigenous peoples’ rights (7.1%); and Human rights documentation (5.2%).
The statistics in the Global Analysis are derived from Front Line Defenders’ casework and approved grant applications between 1 January and 31 December 2023. The statistics are based on 1,538 reported violations in 105 countries. Front Line Defenders documents multiple violations per case or grant, as this is the reality of the situation for human rights defenders. For more details on how these and the HRD Memorial data are gathered, please refer to the Methodology section at the end of the report.
Human rights defenders and civil society are the voices of our communities. These voices must be at the heart of decision and policy making at all levels. Yet, some States and non-states actors feel those voices are too loud. Cao Shunli, Chinese human rights defender, victim of reprisals who died in detention 10 years ago. Around the world, inspiring voices echo Cao’s ambition, on different issues and in different contexts, but with the same aspiration: promoting and protecting human rights. In so doing, many have engaged with the United Nations to share evidence of abuses with experts and States. Regrettably, some are facing the same form of reprisals as Cao, and are now arbitrarily detained.
These include Trang in Viet Nam, Irfan and Khurram in India and Abdulhadi in Bahrain.
It’s time to take a stand. Join us in our campaign to #EndReprisals and call for the release of Trang, Abdulhadi, Khurram and Irfan. Let’s ensure that no one else faces Cao’s fate. Their voices deserve to be heard, and their freedom and lives must be protected.
Abdulhadi Al-Khawaja
Abdulhadi Al-Khawaja is a Bahraini-Danish advocate known for his unwavering commitment to freedom and democracy. An outspoken human rights defender he serves as a source of inspiration for activists in Bahrain and globally. Abdulhadi has protested Bahrain’s unlawful detention and torture of several civilians since he was a student. He received political asylum in Denmark with his family where he continued his advocacy work, documenting human rights violations in Bahrain.
Abdulhadi Al-Khawaja was included for five times in the Secretary-General report on reprisals, noting “allegations of arbitrary arrest, torture and lengthy sentence following his engagement with United Nations human rights mechanisms.” In 2012, the Working Group on Arbitrary Detention found the detention of Abdulhadi arbitrary.
Pham Doan Trang is an author, blogger, journalist and pro-democracy activist from Viet Nam. She is a well-known advocate for human rights and has written on a wide range of human rights topics, including LGBTQI+ rights, women’s rights, environmental issues and on the suppression of activists.
She is considered among the most influential and respected human rights defenders in Viet Nam today. She has always been a major source of inspiration and mentorship for Vietnamese civil society and the next generation of human rights defenders.
Trang was prosecuted for her articles and reports on the human rights situation in Viet Nam, including an analysis of a 2016 report on the Formosa Ha Tinh Steel Plant environmental disaster that was shared with the United Nations. See also: https://humanrightsdefenders.blog/tag/pham-doan-trang/
Trang was the subject of several communications by special procedures mandate holders and an Opinion by the Working Group on Arbitrary Detention in 2021, which found her deprivation of liberty arbitrary. On 2 November 2022, experts addressed Trang’s detention, including restriction of her right to family visits and her deteriorating health status.
Irfan Mehraj and Khurram Parvez
Khurram Parvez and Irfan Mehraj are two Kashmiri human rights defenders. They have conducted ground-breaking and extensive human rights documentation in the Indian-administered Jammu and Kashmir, including through their work within the Jammu Kashmir Coalition of Civil Society (JKCCS) – Khurram as founder and programme coordinator, and Irfan as a researcher.
On 22 November 2021, Khurram was arrested again by the Indian Government, this time by India’s National Investigation Agency (NIA) under the Unlawful Activities (Prevention) Act (UAPA) and other laws, reportedly on allegations of “terrorism funding, being a member of a terrorist organisation, criminal conspiracy, and waging war against the state.” He remains in arbitrary detention to this day.
Meanwhile, on 20 March 2023, Irfan was summoned for questioning and arbitrarily detained by the NIA in Srinagar also under provisions of the UAPA and other laws. The NIA targeted Irfan for being ‘a close associate of Khurram Parvez.’ Both Khurram and Irfan are presently in pre-trial detention in the maximum-security Rohini prison in New Delhi, India. If convicted, Khurram and Irfan could face life imprisonment or even the death penalty.
Khurram’s situation has been included in the Secretary-General’s report on reprisals since 2017 and Irfan’s case was included in the 2023 report.
In June 2023, United Nations experts expressed serious concerns regarding the charges against and arrest of Irfan and Khurram, stating that their continued detention is ‘designed to delegitimise their human rights work and obstruct monitoring of the human rights situation in Indian-administered Jammu and Kashmir.’ The United Nation Working Group on Arbitrary Detention (WGAD) published an opinion in the same year, finding Khurram’s detention arbitrary.
What do we want? It’s simple. We want Irfan, Khurram, Trang and Abduhadi to be freed so they can continue their work without fear of further reprisals, and we want accountability for Cao.
How do we achieve this?
We mobilise diplomatic missions, encouraging them to speak out and raise individual cases of reprisals against defenders at the UN and in other spaces and hold their peers to account. We convince the UN Secretary General and his team to acknowledge and document ALL cases of reprisal and intimidation by including them in his annual report on reprisals and intimidation against defenders engaging or seeking to engage with the UN and its human rights mechanisms. We push the UN system to establish clearer protocols on how to consistently and effectively prevent, respond and follow up on cases of reprisals. We encourage governments, activists, and concerned individuals to stand in solidarity with human rights defenders and organisations who are subjected to reprisals and intimidations.
What can you do?
To achieve our goals, we are drawing attention to some of the most emblematic cases of reprisals that illustrate how human rights defenders are prevented from or punished for engaging with the UN. Here are impactful actions you can take:
In order to assist stakeholders with research, analysis and action on cases of reprisals and intimidation, ISHR launched an online database compiling cases or situations of intimidation and reprisals documented by the United Nations (UN) Secretary-General between 2010 and 2020.
878 Cases of intimidation and reprisals against human rights defenders engaging with the UN reported by the UN Secretary General between 2010 and 2020.
81 Countries were cases of reprisals were documented by the UN Secretary-General between 2010 and 2020.
13 Reports published by the UN Secretary General on intimidation and reprisals.
On 14 March 2024, a large number of leading NGOs paid tribute to Cao Shunli, and all human rights defenders targeted by the Chinese government for their commitment to uphold the promise of the Universal Declaration of Human Rights. [see also: https://humanrightsdefenders.blog/tag/cao-shunli/]:
Cao Shunli was a brave Chinese woman human rights defender and lawyer. Working with fellow activists, Cao documented abuses, including the now-abolished ‘Re-education through Labour’ extrajudicial detention system, which she was also subjected to as a result of her human rights work. She campaigned for independent civil society to be meaningfully consulted and to be able to contribute to the Chinese government’s national reports to its first and second Universal Periodic Reviews (UPR). In an attempt to speak with government officials about the UPR, Cao courageously organised peaceful sit-ins with other concerned citizens outside the Ministry of Foreign Affairs despite great risks. She also submitted information on extralegal detention and torture in China to the UN and expressed the hope that ‘if we could get even 100 words’ into a UN report, ‘many of our problems could start to get addressed.’
On 14 September 2013, Chinese authorities detained Cao at the Beijing Capital International Airport as she was traveling to Geneva to participate in a human rights training, one month before China’s second UPR. Cao was forcibly disappeared for five weeks, until she resurfaced in criminal detention and was charged with ‘picking quarrels and provoking trouble’. By October 2013, it was clear that Cao Shunli was experiencing serious medical issues while in detention. After months of denial of adequate medical treatment, rejected appeals by her lawyers for bail on humanitarian grounds, and despite multiple calls from the international community for her urgent release, Cao died of multiple organ failure on 14 March 2014 in a hospital under heavy police guard to keep out her lawyers and friends.
Cao was one of the 2014 finalists of the prestigious Martin Ennals Award for Human Rights Defenders.
To this day, there has been no accountability for Cao Shunli’s death. The Chinese government refuses to admit wrongdoing, despite repeated calls in 2014 and 2019 by UN Special Procedures experts for a full investigation into this ‘deadly reprisal’.
Her case is one of the longest-standing unresolved cases in the UN Secretary-General’s annual reports on reprisals against civil society actors for engaging with the United Nations. China is one of the most consistent perpetrators of reprisals over time, and one of the most egregious perpetrators in terms of the sheer number of individuals targeted.
Cao is not alone: her courage, but also the abuses she endured, are unfortunately those of other human rights defenders who paid a high cost for cooperating with the UN. Her close colleague, Chen Jianfang was forcibly disappeared under Residential Surveillance at a Designated Location (RSDL) from 19-20 March 2019 after paying tribute to Cao Shunli on the 5th anniversary of her death. Chen was sentenced to four years and six months in jail for ‘inciting subversion of State power’ and left prison on 21 October 2023, after which authorities subjected her to strict surveillance. UN experts have raised with the Chinese government acts of reprisals against Chen Jianfang, but also Jiang Tianyong, Li Qiaochu, Dolkun Isa, Li Wenzu and Wang Qiaoling, among others. The recent instances of intimidation and harassment against NGO participants in China’s 4th UPR in January 2024 further highlight the gravity of the situation.
Li Qiaochu, Xu Zhiyong, Ding Jiaxi, Yu Wensheng, Xu Yan, Huang Xueqin, Li Yuhan, Chang Weiping: many other Chinese human rights defenders are today detained, disappeared, and at grave risk, for upholding the promise of the Universal Declaration of Human Rights.
These documented acts do not account for the even greater self-censorship and refusal to engage with the United Nation as a result of a generalised climate of fear.
Ten years ago, when ISHR and many other human rights groups sought to observe a moment of silence at the Human Rights Council in her memory, the Chinese delegation, together with other delegations, disrupted the session for an hour and half.
Cao Shunli is a paradigmatic case of reprisals, not only because of her prominence, but also due to the array of severe human rights violations against her, committed in total impunity. These range from Chinese authorities blocking her exit from her own country, enforced disappearance, arbitrary detention, lack of due process, torture or ill-treatment and denial of adequate medical care, to subsequent death in custody, and the lack of accountability for these abuses. The lack of any progress in achieving accountability underscores the urgent need for continued international attention and pressure on the Chinese government to ensure justice for Cao and all human rights defenders who face persecution for their work.
Cao Shunli said before her death: ‘Our impact may be large, may be small, and may be nothing. But we must try. It is our duty to the dispossessed and it is the right of civil society.’
Today, we pay tribute to Cao Shunli’s legacy, one that has inspired countless human rights defenders in China and abroad. We urge UN Member States to call for a full, independent, impartial investigation into her death. We reaffirm that no perpetrator of reprisals, no matter how powerful, is above scrutiny, and that reprisals are fundamentally incompatible with the values of the United Nations and of the Universal Declaration of Human Rights.
Thematic areas of interest… Acts of intimidation and reprisals ISHR remains deeply concerned about reprisals against civil society actors who engage or seek to engage with UN bodies and mechanisms. We call for all States and the Council to do more to address the situation. HRC55 is 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 at HRC39, HRC41, HRC42, HRC43, HRC45, HRC51, HRC52, and HRC53, and HRC54. States raising cases is an important aspect of seeking accountability and ending impunity for acts of reprisal and intimidation against defenders engaging with the UN. It can also send a powerful message of solidarity to defenders, supporting and sustaining their work in repressive environments. We urge States to continue to raise the cases ISHR has campaigned on in the last two years in their statements. We also urge States to raise and follow up on individual cases of reprisals in the country specific debates taking place at this session. Further information on these cases can be found here or by contacting the ISHR team at s.hosseiny@ishr.ch
Other thematic debates
At this 55th session, the Council will discuss a range of economic, social and cultural rights through dedicated debates with Special Rapporteurs.
Country-specific developments
Attacks against fundamental freedoms in relation to Palestine in Western Europe and North America (including Austria, France, Germany, Italy, United States, United Kingdom): Civil society and international experts have raised grave concern at the attacks on fundamental freedoms when advocating for the rights of Palestinians by authorities in Western Countries. The attacks on freedoms of expression, assembly and association being monitored since October 2023 are by no means a new trend. For example, in September 2023, Amnesty International issued a statement addressing ‘restrictions of freedom of expression and freedom of assembly through blanket, pre-emptive bans imposed on assemblies on the occasion of Nakba Remembrance Day in Berlin’ by the Berlin Assembly Authority. However there has been a notable escalation in the intensity of these attacks as well as the political and legal measures put forward to further curtail fundamental freedoms in relation to Palestine since October 2023. Western governments, who regularly call for strong protection of human rights and civic space, are emboldening Israel’s indiscriminate attacks by cracking down on free expression and peaceful assembly, online and offline. Authorities have resorted to banning the holding of demonstrations, cracked down on demonstrators, and arrested protesters. Moreover, individuals have been fired from their jobs for voicing opinions on social media. Individuals have also reported facing hate speech, censorship and self-censoring fearing reprisals, including discrimination and criminalisation for voicing their opinions online and offline. Special Procedures have concluded that the undue restrictions imposed by States, especially Western States, ‘on peaceful protests and civil society working to protect human rights and humanitarian law in the context of the Gaza war are contrary to States’ obligation under international law to prevent atrocity crimes, such as genocide, war crimes, crimes against humanity and apartheid’. They stressed ‘that inclusive and meaningful collaboration with civil society, human rights defenders, […] and protest movements is vital to end the cycle of violence and impunity […], dismantling apartheid and ensuring justice and accountability […]’. Special Procedures have also addressed how ‘risks of potential anti-Semitism have also been used as a justification by some States to ban and criminalise peaceful assemblies and expressions in support of Palestinians’ rights’. Civil society has for years deplored the misuse by Israel and Western States of this argument to suppress Palestinian rights advocacy through the IHRA working definition of antisemitism. The Arab Center Washington DC stressed that ‘conflation between antisemitism and legitimate criticism of Israeli crimes against Palestinian civilians (heightened by the adoption of the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism by many States and organisations), leads to the silencing of Palestinian voices’. The normalisation of anti-Palestinian racism, rarely treated as equal human beings by the media or politicians, has also led to the dehumanisation of Palestinians as emphasised by the Special Procedures who stressed that ‘States have sought to justify these restrictions by referring to risks related to incitement to hatred and ‘glorification’ or ‘support of terrorism’, and potential risks to national security or public order. This approach is not only arbitrary, but it also dehumanises Palestinians by unjustly linking them as a whole to criminal endeavours and terrorism.’ Moreover, Special Procedures have stressed that ’employees in the public and private sectors should also not face reprisals, such as disciplinary measures or loss of employment, for speaking out’. They emphasised the importance for States and relevant academic institutions to respect academic freedoms, and ensure that students and teaching staff can freely associate, assemble and express their views with regards to the war in Gaza and the Israeli occupation of Palestine. The European Legal Support Center (ELSC) has monitored 661 incidents of repression against the Palestinian solidarity movement or individuals advocating for Palestinian rights since 7 October : 219 took place in Germany, 172 in the UK, 72 in France, 45 in Italy, 16 in Austria and 137 in other European countries. These include legal action or threats of legal action; restriction of movement, harassment, intimidation or violence; smear campaigns; threats to citizenship of residency status; disciplinary investigation, loss of employment or suspension from position; threats to academic freedom; refusal or withdrawal of use of venue or cancelation of events; defunding or financial de-risking. Since 2014, Palestine Legal has responded to over 2200 incidents in the US of suppression of Palestinian rights advocacy aimed at intimidating Palestinians and their supporters into silence and inaction. Since October 7, Palestine Legal responded to over 1258 reports of suppression of Palestinian rights advocacy in the US. Palestine Legal and over 600 legal organisations and professionals based in the USA urged in a joint letter elected officials and institutional leaders ‘to take urgent measures to address the surging racist attacks and unlawful retaliation against advocates for Palestinian right They address ‘an unprecedented barrage of extreme attacks that Palestinians and their allies in the U.S. are facing, including violent assaults, hate speech, employment discrimination, severe harassment and doxxing of students, law enforcement visits, and censorship in different arenas of civic and social life’. The organisation stressed that ‘hundreds of incidents happening across the country signal a much broader effort to criminalise dissent, justify censorship, and incite anti-Palestinian, anti-Arab, and anti-Muslim harassment, doxing and vigilantism against Palestinians and their allies. This is not a new phenomenon, but it is escalating at terrifying speed.’ In line with Special Procedures recommendations, we urge States, in particular Western States to: immediately and unconditionally release all arbitrarily detained individuals ‘for the exercise of their rights to freedom of peaceful assembly, of association and of freedom of expression in the context in Israel/occupied Palestinian territory’. Put an end to the intimidation and criminalisation of ‘civil society and activists advocating for respect of Palestinians’ rights, including the right to self-determination, for boycotts, divestment and sanctions, international criminal accountability, and an end to the alleged crimes of apartheid and genocide against Palestinians’ Ensure that ‘legislation and policy measures designed to counter anti-Semitism or terrorism are not used to suppress fundamental freedoms or to restrict civil society’s access to resources and/or criminalize them for their legitimate work.’ Ensure that ‘civil society organizations, human rights defenders and academics, working on Palestinian rights can exercise the ability to seek, receive and use financial resources, including foreign funding; and that counter-terrorism laws, including financing laws, are not applied in a manner contrary to international standards.’
Algeria
The sustained repression against the pro-democracy movement and human rights defenders in Algeria was addressed in the end of session statements of the Special Rapporteur on freedom of association and assembly as well as the Special Rapporteur on human rights defenders who conducted official visits to Algeria in 2023. These were the first visits since 2016 by UN mandate holders to the country. The Special Rapporteur on Freedom of Assembly and Association addressed the ‘criminalisation of civil society work’, and the ‘suspension or dissolution of political parties and associations, including prominent human rights advocacy organisations’ (including RAJ and LADDH), as well as ‘overly restrictive laws and regulations’ hindering their work. The rapporteurs called for the amendment of laws used to curtail fundamental freedoms, including article 87 bis of the Penal Code, used to outlaw movements such as the Movement for the Autonomy of Kabylie (MAK) and the Islamic political movement Rachad, both declared terrorist entities, and to bring criminal charges against individuals for exercising their rights to expression and assembly. Following her visit and attending the trial of three Algerian human rights defenders who faced terrorism charges, UN Special Rapporteur on Human Rights Defenders ‘welcomed the acquittal of Jamila Loukil, Kaddour Chouicha and Said Boudour’. While this is a positive development, a big number of activists and HRDs remain arbitrarily detained in Algeria. The SR on HRDs addressed the arbitrary detention of Kamira Nait Sid, a WHRD and co-president of the World Amazigh Congress sentenced to three years in prison where she visited her. She was arrested and tried on charges of ‘undermining national unity” and “belonging to a terrorist organisation’. The Special Rapporteur also met with HRD Ahmed Manseri, was put in pre-trial detention following meeting the Special Rapporteur on FoAA, ‘a picture of him meeting the Special Rapporteur on Freedom of Association and Assembly was included in his case file’. In line with the decision of the WGAD, Algeria should release arbitrarily detained HRD Mohamed BabaNadjar, detained since 2005 and serving a life sentence for his work on the rights of the Amazigh people. ISHR is alarmed at the level of self-censorship and risk of reprisals individuals face for engaging with the UN and its mechanisms. The SR on HRDs reported that individuals were self-censoring ‘for fear of being charged under Article 87 bis’. The SR on FoAA reported that activists told him that they were not willing to meet him ‘in person as they feared they could be subject to reprisals by authorities for undermining national security.’ The SR on HRDs also reported that some HRDs she intended to meet “refused or cancelled at the last minute, for fear of reprisals”. We urge all States to demand that Algeria, an HRC member, end its crackdown on human rights defenders and civil society organisations as well as put an end to all acts of intimidation and reprisals. We also call on States to call for the immediate release of all individuals arbitrarily detained, including woman human rights defender Kamira Nait Sid, and Mohamed BabaNadjar, and to urge Algeria to amend all legislation that hinders the work of civil society, including article 87 bis, regulations on funding, and other undue limitations to freedom of assembly and association.
Bahrain
Bahrain continues to imprison human rights defenders, including Abduljalil Al-Singace, Abdulhadi Al-Khawaja and Naji Fateel, despite their prolonged incarceration deemed arbitrary by the UN Working Group on Arbitrary Detention. High profile opposition figures such as Sheikh Ali Salman, Hassan Mushaima, and Abdulwahab Hussain also remain behind bars.
On 19 September 2023, the UN Secretary-General published their annual report naming five individuals who faced reprisals for cooperating with United Nations mechanisms. The death penalty continues to be used, with 26 individuals on death row, many alleging torture and coerced confessions. Death row inmates Mohamed Ramadhan and Husain Moosa have been detained for a decade and are at risk of imminent execution despite UNWGAD calling for their immediate and unconditional release and impending execution. Last year, over 800 political prisoners in Jau Prison launched a hunger strike to protest harsh conditions, discrimination and ill-treatment.
We call on States to urge Bahraini authorities to unconditionally release all those sentenced for their political opinions, including human rights defenders, stop reprisals for cooperating with the UN, and implement recommendations by UN Special Procedures.
China
China’s fourth UPR review on January 23 exposed strong international condemnation over grave abuses, and calls for unfettered access to the whole country for UN Special Procedures experts, including from the Global South. Numerous recommendations and advanced questions referred to the overwhelming evidence of grave abuses documented by UN bodies since 2018, compiled in a repository published by ISHR. This vast array of UN recommendations constitute an impartial benchmark to assess the Chinese government’s willingness and actions to address systematic and widespread human rights violations. Follow-up to these welcome steps must be ensured. To uphold the integrity of its mandate and put an end to China’s exceptionalism, the HRC must establish a monitoring and reporting mechanism on the country, as repeatedly called for by over 40 UN experts and hundreds of human rights groups globally. States should further urge the UN High Commissioner to strengthen follow-up action on his Office’s Xinjiang report, including through public calls for implementation, translation of the report, and an assessment of its implementation. States should ensure sustained visibility at the HRC of China’s abuse of national security and other cross-cutting abuses affecting Uyghurs, Tibetans, Hong Kongers and mainland Chinese defenders, including the latest crackdown on human rights lawyers. Finally, States should ask for the prompt release of human rights defenders, including feminist activists Huang Xueqin and Li Qiaochu, human rights lawyers Chang Weiping, Ding Jiaxi, Yu Wensheng and his wife Xu Yan, legal scholar Xu Zhiyong, Uyghur doctor Gulshan Abbas, Hong Kong lawyer Chow Hang-tung, and Tibetan climate activist A-nya Sengdra.
Democratic Republic of the Congo
The government must engage civil society in the drafting of the implementation, ensure it is in line with international standards and doesn’t further restrict the rights of defenders in the country. The United Nations Joint Human Rights Office (UNJHRO) must support the calls of civil society and ensure the protection and promotion of defenders is part of its support to the government of the DRC.
The Council will consider oral updates with the High Commissioner and the team of international experts on the DRC on 3 April, followed by General Debate.
According to human rights organisations, at least 251 defendants were rotated to new cases in 2023, and another 620 defendants in 2022, demonstrating the continued involvement of the judicial authorities in violations of the right to fair trial and undermining the rule of law.
The Human Rights Committee also called on Egypt to ‘ensure that court proceedings in terrorism cases are fully in line with articles 14 and 15 of the Covenant to ensure fair trials and put an end to the use of mass trials that are inherently not aligned with international standards’. UN Special Procedures have raised their concerns with Egypt on the ‘Terrorism Circuit Courts and allegations of their incompatibility with international due process guarantees, as well as alleged violations of fundamental rights of many individuals, including human rights defenders, who have been tried, or are still waiting to be tried, before these courts’. According to the Egyptian Front for Human Rights’ annual report, the Terrorism Circuit Courts ordered the release of only 3 defendants, approximately 0.1% of the 35966 cases of detention renewals under its consideration in 2023. The Egyptian Initiative for Personal Rights (EIPR) has also documented this pattern of what is commonly referred to as ‘hearings of detention renewals’ by the Terrorism Circuit Courts, including most recently renewals of detention of almost 900 defendants on 21 and 22 January 2024. Since the Committee against Torture (CAT) reached ‘the inescapable conclusion‘ in 2017 that ‘torture is a systematic practice in Egypt,’ the Egyptian government has not taken any serious steps to address the issue. In a new report submitted to the CAT, REDRESS and a coalition of Egyptian and international civil society organisations – including the Egyptian Initiative for Personal Rights, the Egyptian Commission for Rights and Freedoms, Dignity, and the International Commission of Jurists – conclude that the widespread and systematic use of torture by the Egyptian authorities amounts to a crime against humanity under customary international law. ISHR reiterates the calls of more than 100 NGOs from around the world in urging the HRC to create a monitoring and reporting mechanism on the ever-deteriorating human rights situation in Egypt.
Guatemala
Guatemala is living historic and hugely challenging times. The undermining of Guatemala’s State institutions over many years has led to a collapse in the rule of law and a worsening human rights crisis. The judicial system has been largely stripped of its independence and attacks and threats against human rights defenders and justice operators have been rife. Currently at least 45 former justice operators have been forced into exile, with at least 10 facing criminal proceedings against them in the country. Guatemala’s new President, Bernardo Arévalo, has promised to re-establish the rule of law, fight against corruption and impunity and address poverty. At this session under General Debate 2, the Council will consider the High Commissioner’s report on OHCHR activities including in Guatemala. This is the opportunity for States to speak of their support for effective measures to address corruption, impunity and for the respect of human rights under the new Presidency, and to continue their commitment to monitoring government actions. States should call on Guatemala to use UPR and treaty body recommendations as a road map for the necessary reforms to reintroduce the rule of law, fight impunity and uphold human rights. States should call on Guatemala to commit to and accept visits of Special Procedures as a means to institute a regime of rights monitoring and recommendations. They should welcome the good news of the three year renewal of the mandate of the Office of the High Commissioner in Guatemala and suggest that the High Commissioner for Human Rights visit the country at his earliest convenience. States should urge the government to guarantee the security of indigenous communities and leaders and institute an ongoing dialogue with indigenous communities to hear and respond to their demands. In that regard, Guatemala should sign and ratify the Escazú Protocol as a matter of urgency. States should call on Guatemala to put the protection of defenders at the heart of the new government’s actions, including through the implementation of the public human rights defenders public protection policy, ordered by the Inter-American Court of Human Rights in 2014.
Israel/OPT
The Council will hold an interactive dialogue with the High Commissioner on ensuring accountability and justice in the Occupied Palestinian Territory, including East Jerusalem on 29 February and an interactive dialogue with the Special Rapporteur on the oPt on 26 March. ISHR welcomes South Africa’s proceedings at the International Court of Justice (ICJ) on the situation in Gaza as an important step towards effective measures and accountability for atrocity crimes committed by Israel in the context of its decades long colonial apartheid imposed over the Palestinian people, including its latest war on Gaza. It also upheld international law in the face of decades of double standards during which the international community failed to take effective measures to ensure Israel complies with international law and the numerous UN resolutions and recommendations by UN special procedures, treaty bodies, and investigative mechanisms. Civil society organisations stressed that by ‘drawing on the nature of Israel’s military action, and ‘dehumanising’ statements by Israeli government officials, the Court found that Israel’s actions in Gaza are plausibly genocidal’, pending its final decision. These provisional measures which have a legally binding effect, ‘cannot be carried out without a full cessation of hostilities’, thus can only be effective with a ceasefire. In a joint statement from January 2024, Special Procedures deplored that they had raised the alarm of the risk of genocide several times and for months, ‘reminding all governments they have a duty to prevent genocide’ and stressing that ‘not only is Israel killing and causing irreparable harm against Palestinian civilians with its indiscriminate bombardments, it is also knowingly and intentionally imposing a high rate of disease, prolonged malnutrition, dehydration, and starvation by destroying civilian infrastructure’. The UN Committee on the Elimination of Racial Discrimination raised ‘serious concerns regarding the obligation of Israel and other State parties to prevent crimes against humanity and genocide.’ Responding to arguments of Israel and other States, the Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel reiterated that article 51 which ‘provides for the use of force by a State in self-defense of the Charter […] is not applicable’. Special procedures expressed their profoundly concern about ‘the support of certain governments for Israel’s strategy of warfare against the besieged population of Gaza, and the failure of the international system to mobilise to prevent genocide’. ISHR and over 180 organisations, deplored the continued transfer of arms to Israel by States, including the US, the UK, Germany, Canada, Italy, the Netherlands, and stress that the provision of military equipment and military support to Israel with knowledge that they are likely to be used in serious violations of international law, including international crimes, invites charges of complicity. ISHR also denounces the defunding civil society organisations and UNRWA by Western States, a strategy implemented by Israel and discursively imposed by some States to silence the work of human rights defenders and ensure the demise of the Palestinian refugee issue and with it the right of the Palestinian people to self-determination. We call for an immediate and unconditional release of all Palestinians deprived of liberty without due process, and all Israeli hostages; and the lifting of the 17 year-old illegal blockade and closure of the Gaza Strip, which constitutes collective punishment. In line with the ICJ provisional measures, and based on the obligations of States under international law, including the Genocide Convention, we urge States to take immediate and effective measures to: Impose a ceasefire and ensure that Israel provides immediate and unhindered delivery of aid to the Gaza Strip; Implement a two-way arms embargo on Israel; Ensure that internally displaced Palestinians return to their areas of previous residence and are provided with safe shelters in accordance with IHL provisions; Support the work of the CoI to investigate the root causes of the situation on both sides of the Green Line, including through providing sufficient resources for the mechanism, to ensure accountability and redress; and Restore funding of UNRWA and civil society organisations working to ensure the delivery of humanitarian aid in the context of starvation and genocide as well as document human rights violations, respectively.
Mali
In Mali the human rights situation continues to deteriorate, with the government increasingly cracking down on media and opposition voices, significantly narrowing civic space. During the presentation of his last report at the 52nd session of the Human Rights Council, the Independent Expert highlighted the threats, physical assaults and attacks on their property defenders faced because of their opinions.
Additionally, he recognised that the progress recently made towards the return to constitutional order may not lead to credible, free, fair and inclusive electoral processes unless appropriate measures are taken to address the shrinking civic space in the country. Since the adoption of the defenders’ law in 2018, Mali is yet to fully guarantee the protection of the rights of defenders through its implementation. In 2020, Mali finally adopted its implementation decree for the HRD law shortly followed by the decision adopted by the Malian government which establishes the characteristics, procedures for granting and withdrawing the professional card of human rights defenders. ISHR continues to ask the independent expert what support he planned to give to the Malian government to ensure the full implementation of the defenders law and its protection mechanism. The HRC must keep the scrutiny on Mali to ensure that defenders in the country are protected in line with the UN Declaration and not restricted by the limitation imposed by a card defining the status of defenders. The Council will hold an interactive dialogue with the independent expert on 28 March. Nicaragua
The human rights situation in Nicaragua comes back on the agenda against this session with two planned debates. On 29 February the Group of Human Rights Experts will present its report followed by an interactive dialogue. On the 4 March there will be an oral update of the HC on the situation of human rights in Nicaragua followed by a general debate. At the Council’s last interactive dialogue on Nicaragua, on 18 December 2023, the UN Deputy High Commissioner for Human Rights said of Nicaragua: ‘Every day the country deviates further from human rights.’ The last months have shown how true this remains. Upcoming regional elections on the Caribbean Coast (4 March) have provided a context for government crackdowns on opponents. The main indigenous and Afro-descendant political party in the country, YATAMA, has had its legal status revoked and two of its leaders, National Assembly legislator and YATAMA party chair Brooklyn Rivera and YATAMA legal representative Nancy Elizabeth Henríquez were arrested. The whereabouts of Brooklyn Rivera remain unknown. These arrests have been followed by increased militarisation in the territories on the Caribbean coast. The Inter-American Commission on Human Rights (IACHR) and its Special Rapporteurship for Freedom of Expression have expressed concern about these and other attacks against indigenous communities in the country. Many Nicaraguan human rights defenders remain in exile with no possibility of return. These include Rolando Álvarez, sentenced to 26 years in prison after strongly criticising government repression last year and expelled from the country in mid-January 2024 alongside 17 other clerics. Repression against defenders continues. States must call on Nicaragua to immediately release all arbitrarily detained people including Freddy Quezada, subject of precautionary measures by the IACHR; to provide immediate information about the whereabouts of all those disappeared, including poet Carlos Bojorge, detained and disappeared one month ago, and Brooklyn Rivera. States should express firm support of the work of the Group of Experts on Nicaragua and OHCHR and call on Nicaragua to take urgent steps to meet the recommendations made to it by the Group of Experts, as well as OHCHR and – in the words of Nicaraguan HRD Cristina Huerta made in December at the Council – to call on Nicaragua to ‘put an end to the State violence against women and civil society and retake the path to democracy’. ISHR is co-organising a side event ‘The situation for exiled Nicaraguan activists a year after being released and stripped of nationality’ on 5th March, 15.30-16.30pm Geneva time, Room XXVII Palais de Nations. Co-organisers include the Permanent Missions of Argentina, Canada, Chile, Costa Rica, Ecuador and Paraguay, as well as NGOs CCPR, Race and Equality and PBI.
Occupied Western Sahara In October 2023, the UN Working Group on Arbitrary Detention requested the immediate release of 18 Gdeim Izik prisoners from Western Sahara, held for over 13 years in Moroccan jails. In the last six years, the UN Working Group on Arbitrary Detention has rendered at least 11 decisions highlighting a systematic pattern of violations of the right to due process and fair trial, arbitrary arrests, torture, as well as violations to the right to freedom of expression, discrimination based on language, ethnicity and religion, especially targeting Saharawi activists advocating for the right to self-determination of Western Sahara. Prior, UN CAT issued five decisions on the Gdeim Izik prisoners, including in the case of Human rights activists Enaâma Asfari. Western Sahara is a former Spanish colony that remains under Moroccan occupation (despite a 1992 UN governed agreement for a referendum on independence, which Morocco continues to fail to comply with). In 1990, the General Assembly had reaffirmed that Western Sahara was a question of decolonisation
which remained to be completed by the people of Western Sahara. We urge States to call on Morocco to implement the decisions of the CAT and the WGAD and unconditionally release the Gdeim Izik arbitrarily detained activists, and all arbitrarily detained journalists and human rights defenders, while putting an end to all forms of harassment and reprisals against prisoners and their family. We further urge States to call on Morocco to put an end to its crackdown on civil society, particularly Saharawi human rights defenders in the occupied territory, ensure they are able to conduct their human rights work, and provide access to occupied Western Sahara to human rights bodies, including OHCHR, special procedures, and human rights organisations. As a member of the Human Rights Council and its president, and in line with resolution 60/251, Morocco should ‘uphold the highest standards in the promotion and protection of human rights’ and ‘fully cooperate with the Council’. In his update to the Council in March 2023, High Commissioner Turk highlighted that his Office has not been granted access to Western Sahara for the last eight years. Local human rights organisations report that international organisations and observers are barred from entering the territory to carry out meaningful human rights documentation and that human rights defenders trying to document and ensure monitoring are being targeted by the State.
In a joint statement, Special Procedures decried ‘the systematic and relentless targeting of human rights defenders in retaliation for exercising their rights to freedom of association and expression to promote human rights in Western Sahara’. They urged Morocco to ‘stop targeting human rights defenders and journalists standing up for human rights issues related to Western Sahara, and allow them to work without reprisals’.
Saudi Arabia According to ALQST’s annual report, despite the Saudi authorities’ recent efforts to open up to tourism and host international events, a prevailing climate of closure prevails – independent monitors are denied access to the country, the prison system is shrouded in secrecy, and trials are held behind closed doors.
In this ominous atmosphere, and following the almost complete diplomatic rehabilitation of crown prince and de facto ruler Mohammed bin Salman, widespread violations persist, including but not limited to: further decades-long prison sentences, and even a death sentence, meted out for peaceful social media use; the prosecution of women for their choice of clothing and advocacy for women’s rights; prisoners of conscience held incommunicado beyond the expiration of their sentences; arbitrary travel bans imposed on detainees and their family members in a form of collective punishment; and the execution of 172 individuals carried out over 2023, with several young men at imminent risk of execution for alleged crimes committed as minors.
In light of these alarming developments, ALQST and ISHR call on the Council to adopt a resolution mandating an independent international monitoring and investigative mechanism to address the human rights violations perpetrated in and by Saudi Arabia.
Sudan The humanitarian crisis in Sudan is dire, with millions displaced, widespread attacks on civilians including systematic SGBV as a weapon of war, amidst lack of global attention and adequate funding to respond to the crisis. Sudan faced a total communication blackout on 7 February 2024, following earlier disruptions at the end of January. These shutdowns severely endanger women human rights defenders and their work, hindering their ability to document atrocities and access essential resources such as mobile banking apps. Since the attack on Wad Madani in December 2023, WHRDs have lost resources, faced displacement, and enormous challenges searching for safe locations across states and neighboring countries. Dozens of women defenders were harassed, detained, summoned and threatened by both warring parties during the last few weeks. In recent months, the Sudanese Military Forces have intensified attacks on human rights defenders, journalists, and humanitarian workers in their controlled areas. Rapid Support Forces (RSF) have arrested civilians, engaged in looting, and perpetrated sexual violence systematically. WHRDs struggle to operate in these areas as the risks of sexual violence are expanding, with at least 5 WHRDs and first responders detained, summoned, or harassed recently. The attacks, which have resulted in the deaths of 4 WHRDs including 2 journalists and 11 women health workers, have occurred in territories controlled by both warring factions. Threats against medical services by both the RSF and the Sudan Armed Forces (SAF) continue to be reported including killings and kidnappings of health workers, attacks on hospitals and theft of medical supplies; exacerbating the humanitarian crisis for millions internally displaced without access to necessities and healthcare, and at risk of diseases such as outbreak of cholera. Sudanese rights groups have documented more than 2000 cases of enforced disappearances in Khartoum and other affected regions since the start of the war, with victims often detained by RSF or SAF, some killed under unclear circumstances. Detainees endure inhumane conditions, lacking medical care, proper food, and subjected to torture and sexual violence. Authorities in safer regions of Northern and Eastern Sudan dissolved resistance committees, active since the 2018 protests. Governors of five states prohibited information dissemination on social media, detaining journalists and activists in three states. Peaceful civic activities are banned or unauthorized in several states, creating hostile environments for WHRDs. The civic space in Sudan is closed with increasing militarization of the state and communities. During the last three months, Sudanese authorities launched a mobilization campaign to arm civilians, leading to unprecedented threats to women, peace and security and GBV in the areas out of the fighting zones. The Council will hold, on 1 March, an enhanced interactive dialogue on the comprehensive report of the HC, presented with the assistance of the designated Expert on human rights in the Sudan, on the situation of human rights in the Sudan. During the debate, States should reiterate joint civil society calls on the warring parties for an immediate ceasefire and the prompt creation of safe corridors for humanitarian aid organisations and groups, and to guarantee the safety of their operations; an immediate restoration of telecommunications across the country; and cease attacks on health facilities, medical supplies, and health workers, and uphold obligations under international humanitarian law. States should also declare their support for joint civil society calls on States to create an immediate long-term protection program for WHRDs; provide support for the FFM and other international mechanisms mandated to document human rights violations in Sudan, including by ensuring that these entities have the necessary resources to carry out their work effectively; support local initiatives providing humanitarian support to local communities as well as support services to victims, and to support civil society’s documentation and reporting efforts so that the evidence obtained can be used for future judicial proceedings; to call for the disclosure of the whereabouts of the disappeared and the release of detainees, and to urgently address the issue of enforced disappearances and grave violations in detention centers, including GBV; and to call for the reinforcement and protection of medical staff in accordance with international humanitarian law.
Tunisia
Since 25 July 2021, President Saied has dismantled Tunisia’s democratic institutions, undermined judicial independence, stifled the exercise of freedom of expression and repressed dissent. In June 2023, the High Commissioner urged Tunisia to ‘change course’, ‘respect due process and fair trial standards in all judicial proceedings, cease trying civilians before military courts and release all those arbitrarily detained’. He expressed ‘deep concern at the increasing restrictions on the right to freedom of expression and press freedom in Tunisia’, noting that vague legislation is being used to criminalise independent journalism and stifle criticism of the authorities. He further addressed the ongoing crackdown ‘against judges, politicians, labour leaders, businesspeople and civil society actors’. The situation has since further deteriorated. Authorities have continued to escalate their crackdown on free speech and peaceful dissent, using unfounded conspiracy, terrorism and expression-related charges against opposition figures, journalists, lawyers, judges and businesspeople. Public remarks from the president about the prosecution of perceived critics has continued to undermine judicial independence. At least 20 people have been in pretrial detention for long periods of time (8 months to more than two years). In November 2023, civil society organisations warned that the draft law on associations submitted to the Tunisian Parliament on 10 October 2023 would violate the right to freedom of association and endanger civic space in Tunisia. The draft law would grant the government pervasive control and oversight over the establishment, activities, operations and funding of independent groups, which are one of the last remaining counterweights to President Kais Saied’s autocratic rule. We urge States to call on Tunisia to refrain from adopting the proposed draft law and, instead, commit to safeguarding the right to freedom of association as enshrined in Decree-law 88 and under international human right law binding on Tunisia. The authorities should ensure that associations are able to operate without political interference, intimidation, harassment or undue restrictions. Moreover, Special Procedures have raised alarm at the collective expulsions targeting sub-Saharan migrants from Tunisia as well as ‘violence and racist hate speech, including perpetrated by the country’s top leadership and law enforcement officials’. While collective expulsions started being documented in early July, they are ongoing and target asylum seekers, refugees and children, to Libya and Algeria.
ISHR reiterates the recommendations by Tunisian civil society, Special Procedures and the Committee on the Elimination of Racial Discrimination to put an end to these practices, and for the authorities to investigate, provide remedies to victims, and hold perpetrators accountable. Ukraine Two years on from the launch of Russia’s full scale invasion and war of aggression against Ukraine, the perpetration of which has involved the widespread commission of war crimes and crimes against humanity, it is vital that the Council continue to mandate mechanisms to investigate violations, promote accountability, support victims, and address root causes of conflict.
At the March session of the Council, this should include renewing the mandate of the Commission of Inquiry, the work of which is essential to promote accountability for atrocity crimes in Ukraine, as well as address root causes such as the repression and criminalisation of human rights defenders and independent journalists in Russia itself. The Council will hold an interactive dialogue with the Commission of Inquiry on 19 March. The Council will also hold an interactive dialogue on the OHCHR report on Ukraine on 2 April.
Venezuela The Human Rights Council session just as that Venezuela has suspended OHCHR activities in the country and ordered personnel to leave the country and amid a context of a foretold pre-electoral increase in threats and attacks against defenders.
The arbitrary detention and disappearance of human rights defender Rocío San Miguel, president of NGO Control Cuidadano, on 9 February is evidence of this and of a wider pattern of attacks against defenders, as noted by the UN fact-finding mission on Venezuela. The re-activation of the process related to a highly restrictive and much criticised NGO bill at the start of this year, is a sign of the government’s interest in restricting civil society’s ability to operate. This is no time to reduce efforts to demand the respect of human rights in the country including the respect of the rights of human rights defenders, and to express support for ongoing monitoring and reporting work by OHCHR in the country and by the UN Fact-Finding Mission. Venezuela will be the focus of two specific debates during the session. On 19 March, the High Commissioner will present an oral update informed by the conclusions and recommendations of his team in the country. The UN fact-finding mission will provide an oral update on the 20 March. Both of these updates will be followed by interactive dialogues. During this session, States must be of one voice in calling for the reactivation of the work of OHCHR in the country. Also, the immediate release of Rocío San Miguel and that of Javier Tarazona, arbitrarily detained almost three years ago. States must also express deep concern at the re-introduction of the NGO bill and call on the government to cease threats and attacks against defenders in the country. States should restate the importance of the work of Venezuelan defenders and commit to support their work politically and, where possible, financially. States must insist on the reestablishment of an effective OHCHR presence in the country and speak to the essential, ongoing work of the UN fact-finding mission, stressing upon Venezuela the importance of its cooperation with all the UN bodies and mechanisms with mandates related to Venezuela and with all Special Procedures. States’ participation in the two interactive dialogues on Venezuela – through individual and joint statements – is key to making evident that the human rights situation in the country and the UN’s monitoring and reporting mechanisms remain a priority and reassuring those demanding accountability for human rights violations in Venezuela that they are being heard.
Yemen In 2023, Mwatana documented the continuation of human rights violations committed by various conflicting parties in Yemen, including ground and aerial attacks, attacks on vital facilities, child recruitment, arbitrary detention, enforced disappearance, and torture, sexual violence, attacks on African migrants, denial of humanitarian access, as well as the the impact of the widespread presence of landmines and explosive devices. In 2023, over 40 civil society organisations, victims and survivor associations from Yemen launched the Yemen Declaration for Justice and Reconciliation, in which they set forth their common vision for achieving justice that is inclusive, victim-centred, and includes accountability, reparations, and redress.
ISHR calls on the international community to address the demands made by Yemeni civil society, including for an independent, impartial, and fair accountability for all crimes under international humanitarian law and international human rights law committed in Yemen, by all parties to the conflict. Failure to address atrocities in the past has led to a culture of impunity throughout generations. We urge the international community to take effective measures to assess the full extent of civilian harm in coordination with local civil society and call on parties to the conflict to ensure reparation and redress.
Other country situations The High Commissioner will provide an oral update to the Council on 4 March. 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: Interactive dialogue with the Special Rapporteur on Afghanistan Enhanced interactive dialogue with the Special Rapporteur on Eritrea ID with the Special Rapporteur on the Democratic People’s Republic of Korea and a presentation of the report of the High Commissioner Interactive Dialogue with the High Commissioner on Belarus Interactive dialogue on the High Commissioner oral update on Myanmar, and interactive dialogue with the Special Rapporteur Interactive Dialogue with the Special Rapporteur on Iran and Interactive Dialogue on the comprehensive report of the independent international fact-finding mission Interactive Dialogue with the Commission of Inquiry on Syria Enhanced interactive dialogue on the comprehensive written report of the Commission on Human Rights’ South Sudan and the participation of the High Commissioner, and an interactive Dialogue on the OHCHR report on South Sudan High-level Dialogue with the Independent Expert on Central African Republic Interactive Dialogue with the High Commissioner and the Independent Expert on Haiti Interactive Dialogue with the International Expert on Colombia, and presentation of the report on the OHCHR activities in Colombia under General debate 2
Resolutions to be presented to the Council’s 55th session At the organisational meeting on 12 February the following resolutions were announced (States leading the resolution in brackets): Combating intolerance, negative stereotyping and stigmatization of, and discrimination, incitement to violence and violence against, persons based on religion or belief (Pakistan on behalf of the OIC) Human rights situation in the Occupied Palestinian Territory, including East Jerusalem, and the obligation to ensure accountability and justice (Pakistan on behalf of the OIC) Right of the Palestinian people to self-determination (Pakistan on behalf of the OIC) Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan (Pakistan on behalf of the OIC) Human rights in the occupied Syrian Golan (Pakistan on behalf of the OIC) Human rights and the environment (Costa Rica, Maldives, Morocco, Slovenia, Switzerland) – mandate renewal Prevention of genocide (Armenia) The right to work (Egypt, Greece, Indonesia, Mexico, Romania) The right to food (Cuba) Promotion of the enjoyment of the cultural rights of everyone and respect for cultural diversity (Cuba) – mandate renewal The effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights (Cuba) The right to adequate housing (Brazil, Finland, Germany, Namibia) Combating violence, discrimination, and harmful practices against intersex persons (Australia, Chile, Finland ,South Africa) Human rights in Ukraine stemming from the Russian aggression (Ukraine) The role of States in countering the negative impact of disinformation on the enjoyment and realization of human rights (Ukraine, Japan, Latvia, Lithuania, Poland, UK, US) The right to privacy in the digital age (Austria, Brazil, Germany, Liechtenstein, Mexico) – mandate renewal Cooperation with Georgia (Georgia) Situation of Human Rights in the Republic of South Sudan ( Albania, Norway, UK, US) – mandate renewal The human rights situation in the Syrian Arab Republic (United Kingdom, France, Germany, Italy, Jordan, the Netherlands, Qatar, Turkiye and the United States of America) – mandate renewal Torture and other cruel, inhuman or degrading treatment or punishment (Denmark) Promoting and strengthening a culture of peace (Gambia, Lesotho, Chile, Mozambique, South Sudan, Côte d’Ivoire, Kazakhstan, Botswana) The rights of persons belonging to minorities (Austria, Slovenia, Mexico) The right of persons with disabilities (New Zealand and Mexico) The situation of human rights in Belarus (European Union) The situation of human rights in the DPRK (European Union) – mandate renewal The situation of human rights in Myanmar (European Union) – mandate renewal Freedom of religion or belief (European Union) Rights of the child (EU and GRULAC) Situation of human rights in the Islamic Republic of Iran (Iceland, Moldova, North Macedonia, United Kingdom) and the deteriorating situation of human rights in the Islamic Republic of Iran, especially with respect to women and children (Iceland and Germany) – two mandate renewals in one resolution. Furthermore, according to the voluntary calendar for resolutions, it is possible that more resolutions could also be presented at this session. Read the calendar here.
Adoption of Universal Periodic Review (UPR) reports During this session, the Council will adopt the UPR working group reports on Azerbaijan, Bangladesh, Burkina Faso, Cabo Verde, Cameroon, Canada, Colombia, Cuba, Djibouti, Germany, Russian Federation, Turkmenistan, Tuvalu, Uzbekistan. 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.
ISHR is organising a side event on 6 March at 13:00 (CET) on the role of defenders in fostering accountability for atrocity crimes. Further information will be published on ISHR’s website.
ISHR is co-organising a side event ‘The situation for exiled Nicaraguan activists a year after being released and stripped of nationality’ on 5 March, 15.30-16.30pm (CET), Room XXVII, Palais de Nations. Other co-organisers include the Permanent Missions of Argentina, Canada, Chile, Costa Rica, Ecuador and Paraguay, as well as NGOs CCPR, Race and Equality and PBI. ISHR is co-organising a side event, ‘Resisting Exile: Voices of Human Rights Defenders’ on 5 March, 2pm Palais de Nations, along with CCPR and Race and Equality.
‘Our impact may be large, may be small, and may be nothing. But we must try. It is our duty to the dispossessed and it is the right of civil society.’ – Cao Shunli
Ten years ago, Chinese woman human rights defender Cao Shunli was a victim of deadly reprisals for engaging with the United Nations.
The International Service for Human Rights (ISHR) and partners invite you to attend a photo exhibition on 14 March 2024, at Place des Nations to honour her memory.
Cao Shunli was a brave Chinese woman human rights defender and lawyer. She campaigned for the meaningful consultation and contribution of independent civil society to the Chinese government’s national reports for its first and second Universal Periodic Reviews (UPR). On 14 September 2013, one month before this review, while on her way to Geneva to attend a human rights training organised by ISHR and CHRD, she was detained and forcibly disappeared by Chinese authorities for five weeks. When she resurfaced in custody in October 2013, she had been charged with ‘picking quarrels and provoking trouble’, and it was evident that she was experiencing serious medical issues in detention. Despite repeated international calls for her urgent release over months of being denied adequate medical treatment, Cao Shunli died of multiple organ failure on 14 March 2014, having been granted bail for medical reasons just days before her death. Cao Shunli was one of the finalists of the prestigious Martin Ennals Award for Human Rights Defenders in 2014. [see also: https://humanrightsdefenders.blog/tag/cao-shunli/ as well as https://www.martinennalsaward.org/hrd/cao-shunli/]
To this day, Chinese authorities have ignored appeals seeking accountability for Cao’s death, including repeated calls by UN Special Procedures experts in 2014 and 2019 for a full investigation into this ‘deadly reprisal’. Her case remains the longest-standing unresolved case in the UN Secretary-General’s annual reports on reprisals. March 2024 marks the 10th anniversary of Cao Shunli’s death. A decade ago, when ISHR and many other human rights groups sought to observe a moment of silence at the Human Rights Council in her memory, the Chinese delegation, together with other delegations, disrupted the session for an hour and a half. China is consistently one of the most frequent perpetrators of reprisals against individuals or groups engaging with the United Nations. Frequently mentioned alongside Saudi Arabia, it has the second highest number of reprisals cases and situations reported by the UN Secretary-General since 2010.
Cao Shunli’s story is a paradigmatic case of reprisals, not only because of her belief in the importance of civil society participation in UN mechanisms, but also due to the array of severe human rights abuses she endured because of this belief, ranging from being barred from exiting her own country, enforced disappearance, arbitrary detention, lack of due process, torture, ill-treatment, and denial of adequate medical care, to subsequent death in custody without any accountability for these abuses.
On 31 January 2024 several NGOs – including HRW and AI -came out in support of a bill in the US Senate. Senator Ben Cardin introduced the Human Rights Defenders Protection Act of 2024, which aims to protect individuals abroad “who face reprisals for defending human rights and democracy.” The law, if enacted, would strengthen the US government’s ability to “prevent, mitigate, and respond” to such cases.
Senator Cardin said this legislation “will help elevate, guide, and enhance US efforts to support these courageous individuals globally at a time when their efforts are more important than ever.”
HRW said: The bill would integrate support for rights defenders into various US policies and programs and encourage engagement with the private sector. It aims to improve assistance for rights defenders living in exile from their home countries and strengthen US tools to hold perpetrators of rights abuses accountable.Human Rights Watch has long documented the risks, threats, and attacks that rights defenders across the globe face. In Rwanda, for example, the government for many years has targeted with impunity rights defenders at home and extended its repression beyond its borders to silence Rwandan critics living abroad. Last December, the Emirati government brought new charges under its counterterrorism law against 87 activists and dissidents, including imprisoned rights defender Ahmed Mansoor.
The proposed legislation would create a new US visa for rights defenders who face a “credible fear of an urgent threat,” allowing those who qualify to reach safety before they are detained or harmed. It would also increase the number of US government personnel dedicated to democracy and human rights issues in the federal government and at embassies in countries with a high risk of rights abuses.
Andrew Fandino, Advocacy Director for the Individuals at Risk Program at Amnesty International USA. stated: “The Human Rights Defenders Protection Act of 2024 is a critical piece of legislation that will help strengthen and improve the U.S. government’s ability to support human rights defenders around the world,” ..“With over 401 human rights defenders killed globally in 2022 alone, now more than ever, human rights defenders need this additional support and protection.”
If passed, the legislation would require the US government to establish a “Global Strategy for Human Rights Defenders.” The strategy would survey current tools and resources to support human rights, identify how the government would prioritize and bolster protections for rights defenders, and establish specific goals for implementing the legislation’s policy objectives. This would link to the existing EU Guidelines on Human Rights Defenders (2008), and the OSCE Guidelines on the Protection of Human Rights Defenders (2014) and those of a small group of European countries.
On 21 November, ISHR celebrated the vital work of human rights defenders at a conference on ‘The Universal Declaration of Human Rights Seventy-Five Years On: Achievements and Current Challenges.’ A slightly shortened version of Phil Lynch’s (Executive Director of the International Service for Human Rights) speech is reproduced below.
Former High Commissioner for Human Rights, Navi Pillay, once called defenders the lifeblood of human rights. ‘They are the promoters of change,’ she said. ‘The people who ring the alarm bell about abuse’. She is right in at least two ways.
Firstly, because, even as most States take a selective and inconsistent approach to human rights principles and situations, defenders reaffirm that all human rights are universal and inalienable; that they are indivisible, interdependent and interrelated.
Defenders are also the lifeblood of human rights because defending and advocating for human rights is integral to realising them, particularly the rights of individuals and groups who have been subject to various and intersecting forms of discrimination and oppression.
This right is now firmly established in jurisprudence. UN Treaty Bodies and Special Procedures recognise that the work of defenders is so integral to the realisation of all human rights, that threats or attacks against them may amount to violations of the very rights for which they advocate…
The Declaration also went further than enshrining the fundamental right to defend rights. It elaborated existing binding international human rights law as it applies to defenders. This includes the right of defenders and their organisations to access resources, including from so-called ‘foreign sources’, as well as the right to communicate and cooperate with international bodies, free from any form of intimidation or reprisal.
Government action to implement the Declaration
25 years after its adoption, a number of States have enacted the Declaration at the domestic level with specific national law and mechanisms for the protection of defenders. Côte d’Ivoire, Burkina Faso, Mali, Niger, the DRC, Mongolia and Mexico are among the States that have taken this positive step.
Other States, including Norway, Finland, Switzerland, Ireland and Canada, among others, have adopted human rights defender guidelines heavily inspired by the Declaration, providing guidance to their embassies and diplomats about the protection of at-risk human rights defenders abroad.
Threats facing defenders
But much remains to be done.
Despite their vital work for gender justice and equality, women human rights defenders like Neda Parwan and Zholia Parsi in Afghanistan and Narges Mohammadi in Iran face systemic discrimination and arbitrary detention.
Despite their vital work for racial justice and non-discrimination, anti-racism activists like Assa Traoré in France or Marielle Franco in Brazil face judicial harassment and even death in the case of Marielle.
Despite their vital work for political justice and freedom of expression, pro-democracy activists like Abdulhadi Al Khawaja in Bahrain and Ahmed Mansoor, Maryam al-Balushi and Amina al-Abduli in the UAE all face unfair detention, torture and ill-treatment.
Despite their vital work for reproductive justice and women’s rights, defenders like Vanessa Mendoza in Andorra and Justyna Wydrzyńska in Poland face spurious legal charges and criminalisation.
And despite their vital work for environmental justice, environmental and land rights defenders like Sukhgerel Dugersuren in Mongolia and Trinh Ba Phuong in Vietnam face persecution and worse.
State pledges to recognise and protect defenders
Together with a coalition of 16 NGOs, ISHR is calling on States to make 5 key pledges on the recognition and protection of defenders.
First, States should publicly recognise the vital role of human rights defenders. Authorities should actively promote the work and achievements of defenders, so that we know them not just for the threats they face but also and foremost for their invaluable contributions to freedom, justice, equality and accountability.
Second, States should recognise and address the intersecting forms of discrimination and oppression that many defenders face. They should ensure defenders are protected and able to meaningfully participate in all relevant policy and decision-making processes.
Third, in genuine partnership with independent civil society actors, States should develop and implement specific national laws, policies and mechanisms for the protection of human rights defenders. They should also repeal or amend laws and policies which restrict and even criminalise defenders.
Fourth, States should refrain from any form of intimidation or reprisals against defenders who engage with the UN and other regional mechanisms. They should take a clear and public position against intimidation and reprisals, including by calling out and holding other States which commit such acts to account.
Fifth and finally, States should ensure that all threats and attacks against human rights defenders are the subject of prompt, impartial and independent investigations. Perpetrators must be held accountable, and effective remedies provided both to address the harms to the individual and to address any systemic or structural factors contributing to such threats or attacks.
Conclusion
Human rights defenders are essential agents of progress and positive change. Their work is vital for gender justice, racial justice, environmental justice, political justice and economic justice. Their work confronts and challenges power, privilege and prejudice. For this, they are frequently exposed to threats and attacks from governments, corporations and other unscrupulous actors. Their work contributes to good governance and accountability at the local, national and international levels.
To defend human rights is an act of bravery and solidarity and, above all, an act of hope and resolve. Hope for a future in which all peoples and communities enjoy freedom, dignity, justice and peace on a healthy planet, in line with the Universal Declaration. And resolve to work, individually and collectively, to realise that still magnificent vision.
UN experts today emphasised the need for the international community to support civil society groups expressing international solidarity in pursuit of peace and social justice and not to conflate international solidarity with antisemitism or islamophobia. It is a remarkably large group of UN experts (see below). They have issued the following statement:
We would like to raise public awareness about the need to support concrete actions by civil society groups that express international solidarity in our pursuit of peace and social justice.
The Universal Declaration of Human Rights, Article 1 establishes universal solidarity as the foundation for human rights: “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood [and sisterhood].”
Around the world, civil society groups have expressed international solidarity in marches and social media campaigns to call for peace and the protection of civilians in armed conflict. Moreover, they have also expressed international solidarity in pursuit of non-discrimination and equality (the core elements of positive peace) by advocating access to justice, truth, protection, and humane treatment for: children, women, members of the LGBTAIQ+ community, persons affected by leprosy (Hansen’s disease), persons with disabilities, racialized, indigenous groups, and other minorities subjected to violence, hate speech, and discrimination, families of disappeared persons, refugees and migrants, victims of terrorism/violent extremism and counter-terrorism/violent extremism measures, and the environment.
The recent significant engagement of people of all ages and diverse backgrounds in the expression of international solidarity is a powerful affirmation of the value of human rights as a narrative of emancipation in response to violence, oppression, and marginalisation.
It is imperative that civil society actors not be subject to censorship and reprisals for their expression of international solidarity, including loss of funding, loss of employment, arrest, attack, harassment, persecution, criminalisation, or other forms of penalisation.
Actions and expressions that promote transnational unity, empathy, tolerance, and cooperation are the elements of a strong culture of international solidarity in support of peace and social progress.
The most striking impact of the contemporary expressions of international solidarity is their embrace of the principle of humanity – the demand to protect life and alleviate human suffering. The combination of these two universal principles underscores the priority of exhausting peaceful dispute resolution mechanisms before using force.
We call on the international community to encourage International Solidarity expressions of civil society groups and human rights defenders that acknowledge that everyone should enjoy human rights without discrimination of any type. States should open civic spaces and refrain from criminalising non-violent actions and expressions that promote international solidarity. International Solidarity should not be conflated with antisemitism, islamophobia, or other movements that are examples of exclusionary, segregated unitary orientations which violate non-discrimination and equality principles.
International Solidarity promotes inclusion through bridge-building and invites everyone to stand up for peace as a fundamental premise for the enjoyment of human rights.”
On 5 December 2023, Mary Lawlor, the UN Special Rapporteur on the situation of human rights defenders concluded her visit to Algeria with the observation: “While I welcome the evident reforms which have taken place over the past four years and the new emphasis on public consultation, I regret that some human rights defenders who work on sensitive issues face continued restrictions”.
The UN expert observed four main patterns of violations used to suppress human rights defenders: ongoing judicial harassment, dissolution of key human rights organisations, limitations on freedom of movement and intimidation and surveillance leading to severely negative impacts on their mental health and that of their families.
“I was saddened that a handful of human rights defenders who attempted to travel to Tizi Ouzou, where I was holding meetings, were prevented from doing so and detained for 10 hours,” Lawlor said.
“Given Algeria’s recent history, robust laws relating to terrorism are clearly necessary,” the expert said. “However, it is disappointing that laws designed to prevent terrorism are instilling terror in human rights defenders through overly broad and vague definitions of what constitutes terrorism in the Penal Code.”
The Special Rapporteur noted that Article 87 bis of the Penal Code was one of the most frequently cited laws used to prosecute human rights defenders.
Despite this, the expert said there were many people working to protect and promote human rights with the full support of the government and the newly created consultative bodies in areas including women’s rights, children’s rights, healthcare, poverty relief and political participation. Based on this collaboration and experience, the Special Rapporteur believes the government is now better equipped to reach out to human rights defenders working on sensitive issues.
Lawlor welcomed the acquittal of three human rights defenders, Jamila Loukil, Kaddour Chouicha and Said Boudour, of terrorism charges in Dar El Baida court on Sunday.
“I hope this acquittal will kickstart a review process of Article 87 bis, and I stand ready to assist the Algerian government in any way I can in this regard,” she said.
11 human rights NGOs had publicly expressed their wish that this visit be an opportunity to free imprisoned activists and for reforms to see the light of day.
On 6 December, following the public report of this visit, NGOs support the main measures recommended by the Special Rapporteur, namely that: • The Algerian government must view Human Rights Defenders as allies and opportunities within society, not as threats. The signatories call for the repeal of all repressive laws and legislative provisions relating to the rights to freedom of association and peaceful assembly, and the adoption, on the basis of broad consultation with Algerian society, a regulatory framework complies with international standards notably respect for human rights in Algeria. • Many civil society organizations are in danger of disappearing. This is already the case of the Algerian League for the Defense of Human Rights (LADDH) and the Rassemblement Actions Jeunesse (RAJ). Civil society organizations must have the freedom to adequately play their role. • Several articles of law must also be reformed in accordance with international standards. This is the case of articles 79 and 87 bis of the Penal Code, relating to the attack on the integrity of the national territory and the fight against terrorism which are abusively used to imprison activists. The same goes for the Ban on Exiting the National Territory (ISTN) which is today used in a punitive manner to restrict the movement of human rights defenders in Algeria.
The signatories finally call on the Algerian government to release all prisoners of conscience and human rights defenders currently in prison
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Hans Thoolen on Human Rights Defenders and their awards 