Posts Tagged ‘reprisals’

Monday 26 September: important panel discussion on responses to intimidation and reprisals against HRDs

September 21, 2016

Ghana, Hungary, Ireland and Uruguay – in cooperation with ISHR – are organizing a panel discussion about current situations, existing practices and new ideas for better implementation of Human Rights Council resolutions on preventing and responding to reprisals.ISHR-logo-colour-high

Monday 26 September 2016, 1.00 – 3.00 pm – Room XXIII, Palais des Nations

Panelists
•    Ms Peggy Hicks, Office of the High Commissioner for Human Rights
•    Mr Alessio Bruni, Rapporteur on reprisals of the Committee Against Torture
•    H.E. Ms Yvette Stevens, Permanent Representative of Sierra Leone to the UN
•    Ms Maryam Al-Khawaja, Co-director of Gulf Center for Human Rights
•    Mr Philip Lynch, Director of International Service for Human Rights

Moderator
•    H.E. Ms Zsuzsanna Horváth, Permanent Representative of Hungary to the UN

For my earlier posts on reprisals: https://thoolen.wordpress.com/tag/reprisals/

Source: Invitation, Monday 26 September, 1pm: Comprehensive responses to acts of intimidation and reprisals in the field of human rights

13 September starts the 33rd session of the Human Rights Council: reprisals high on the agenda

September 9, 2016

As usual, the Geneva-based International Service for Human Rights (ISHR) has published a preview of the main items coming up in the next (33rd) session of the Human Rights Council‘s starting on Tuesday 13 September 2016. It will finish on 30 September. For human rights defenders the focus on the question of reprisals is of great importance.ISHR-logo-colour-high

Other thematic issues are: enforced disappearances, arbitrary detention and National Human Rights Institutions.

Reprisals

A highlight this session will be the opportunity for States to respond to the Secretary-General’s latest report documenting serious cases of intimidation and reprisals against human rights defenders, and contribute to finding concrete solutions at panel discussion to be hosted by the core group of States on this topic (Hungary, Uruguay, Ghana, Ireland and Fiji). The Secretary General’s annual report on cooperation with the UN, its mechanisms and representatives in the field of human rights – more frequently referred to as the “reprisals report” – will be presented at this session of the Council. The report covers the period from 1 June 2015 onwards.

Particular attention during HRC33 will be paid to Bahrain. According to allegations of travel bans against human rights defenders  documented by the President of the Human Rights Council, and communicated via the minutes of a recent meeting of the HRC Bureau [LINK], in which the President expressed concern about “the lack of appropriate action or adequate explanatory information from the concerned State” to the allegations.

The Secretary-General’s report consists of a compilation of cases of intimidation and reprisals due to cooperation with the UN organisations and its specialised agencies in the field of human rights, including cases in relation to the Council, its UPR and Special Procedures; Human Rights Treaty Bodies; the OHCHR, its field presences and Human Rights Advisers; United Nations Country Teams; human rights components of peacekeeping missions and other parts of the Secretariat or specialized agencies working in the field of human rights.

The Secretary General’s last report documented a significant number of cases in which people have been threatened, stigmatised, censored, restricted from travelling, detained, beaten, held in solitary confinement, disappeared, and tortured for their work to expose and pursue accountability for human rights violations at the UN. In many of the cases the threats and attacks have not been properly investigated nor have perpetrators been held to account. However, the report did note a range of positive developments aimed at preventing and promoting accountability for reprisals highlighting that:

In line with previous recommendations of the Secretary-General, States are encouraged to use the General Debate under Item 5 to address the cases documented. This should include in particular the States concerned, i.e. those mentioned in the report, who are expected by civil society to respond to the allegations and set out the steps taken to investigate them, hold the perpetrators to account and provide remedies to the victims.

Many of my earlier posts relate to reprisals: https://thoolen.wordpress.com/tag/reprisals/, including: https://thoolen.wordpress.com/2014/03/13/zero-tolerance-for-states-that-take-reprisals-against-hrds-lets-up-the-ante/

Working Group on Enforced Disappearances

The Working Group on Enforced Disappearances will present its report, summarising its activities over the last year and previewing its thematic study on enforced disappearances in the context of migration. Included in this is a short discussion of ‘individuals [who] migrate due to the disappearances of their relatives or loved ones or to avoid reprisals due to their work in searching and pursuing justice… and human rights defenders who are forced to migrate due to their work fighting enforced disappearances.’ The Working Group’s report also expresses serious concern as to ‘a pattern of threats, intimidation and reprisals against victims of enforced disappearance, including family members, witnesses and human rights defenders working on such cases. It calls upon States to take specific measures to prevent such acts and re-iterates the call for the UN to appoint a high-level official to combat reprisals as a matter of urgency and priority.

Working Group on Arbitrary Detention

The mandate of the Working Group on Arbitrary Detention will be renewed at this session. Among the likely ‘asks’ of the resolution are more resources to support their ability to respond to victims of arbitrary detention, the ability to raise awareness through reporting to the UN General Assembly and the mandate from the Council to embark on a thematic study.

National human rights institutions

National human rights institutions have a vital role to play in contributing to the national implementation of international human rights obligations. The annual report of the Secretary-General and High Commissioner sets out a range of steps and measures that both States and NHRIs should take in this regard. For States, such steps should include ensuring that the NHRI is broadly mandated (including in respect of economic, social and cultural rights), that it is adequately resourced, authorised to inspect places of detention, and protected from interference, intimidation and reprisals. For NHRIs, the report emphasises the importance of engaging and consulting closely with civil society, contributing to the protection of human rights defenders, and enhancing cooperation with international human rights mechanisms as a means of bridging the ‘implementation gap’.

Of special relevance for human rights defenders are also the country situations on the agenda of the 33rd Session:

Following the special session of the Human Rights Council on Burundi in December 2015, an interactive dialogue on the situation in Burundi is scheduled to take place on 27 September. From 13 to 17 June three human rights experts of the United Nations Independent Investigation on Burundi conducted their second visit to Burundi to address the human rights concerns raised in the special session Human Rights Council resolution. The experts will present their final report to the Human Rights Council this session. The gravity of human rights violations and the level of State responsibility in Burundi is unacceptable. [https://thoolen.wordpress.com/2016/02/08/what-is-burundi-doing-in-the-un-human-rights-council/]

Given the deteriorating situation of human rights in Cambodia, and the impunity with which intimidation and violence against human rights defenders occur, a range of national and international organisations calls on the Council to adopt a resolution on the country. This step would acknowledge the backsliding over the last year; reiterate the Council’s expectations for meaningful cooperation, with the Special Rapporteur and the OHCHR; and lay out benchmarks for the coming year, in light of the 2017 elections and the anniversary of the Paris Peace agreement, that would indicate clear progress achieved through the technical assistance and capacity-building mandate The interactive dialogue with the Special Rapporteur on Cambodia, scheduled for 28 September, is a chance for the international community to hear from, and respond to, Special Rapporteur Rhona Smith following her visits to the country and the communications she and other UN experts sent related to harassment and detention of NGO workers and the killing of well-known public figure Kem Ley. [https://thoolen.wordpress.com/2016/05/04/civil-society-condemns-charges-human-rights-defenders-cambodia/]

Individual interactive dialogues with mandate holders will be held in relation to Sudan, Central African Republic and Somalia. Interactive dialogues on the High Commissioner’s reports and oral updates will be held on the Democratic Republic of the Congo, Libya, and Ukraine. The High Commissioner will present his reports on Cambodia and Yemen in a General Debate under Item 10. There will also be an interactive dialogue with the Commission of Inquiry on Syria.

The Council will adopt the UPR reports of 14 countries.

#HRC33 / Thematic areas of interest | ISHR

https://www.ishr.ch/news/hrc33-country-specific-developments

Burundi: reprisals, torture, incitement to hatred and continued refusal to admit monitoring

August 29, 2016

The situation in Burundi continues to be marred by instability and reports of serious human rights violations, including allegations of extra-judicial killings, disappearances, torture, and arbitrary detention of members of the opposition, civil society and those suspected of opposing the Government. Human rights defenders and journalists are among the hundreds of thousands of people who have fled the country since April 2015. I have written quite a bit about Burundi where all early warning signs of violence and ethnic cleansing are present [https://thoolen.wordpress.com/2015/11/10/burundi-what-more-early-warning-does-one-needhttps://thoolen.wordpress.com/2016/02/08/what-is-burundi-doing-in-the-un-human-rights-council/]. And the situation continues:

  • The UN Committee against Torture (CAT) issued a wake-up call to Burundi said Amnesty International on 12 August 2016 after the Committee flagged an increase in the use of torture and other ill-treatment since the beginning of the country’s current crisis in April 2015. In its concluding observations the Committee’s 10 independent international experts expressed deep concern over hundreds of cases of torture alleged to have taken place in recent months in both official and unofficial places of detention.
  • On 8 August 2016 the CAT had already issued a report that it was gravely concerned by reports that four Burundian lawyers who provided information to it are being subjected to reprisalsIn a press statement issued by the Office of the UN High Commissioner for Human Rights, the Committee said the four lawyers – Armel Niyongere, Lambert Nigarura, Dieudonné Bashirahishize and Vital Nshimirimana – had contributed to an alternative report by a coalition of Burundian non-governmental organizations for the its review, and three were present at the review in Geneva on 28 and 29 July. According to the Committee, on 29 July, a Burundian prosecutor asked the President of the Bujumbura Bar Council to strike the lawyers off the professional register, alleging that they had committed several offences, including involvement in an insurrectionist movement and an attempted coup. The Committee’s letter, signed by Chair Jens Modvig and Rapporteur on Reprisals Alessio Bruni, notes that the prosecutor requested sanctions against the lawyers, rather than an inquiry to establish the facts, “which raises concerns with respect to presumption of innocence.” It goes on to state that this concern “is all the stronger given that the (prosecutor’s) request came on the same day that the Burundian delegation, presided over by the Minister of Justice, indicated they would not be participating in the second session of dialogue with the Committee, citing the alternative report by Burundian civil society in particular as the reason.” [Mr. Modvig and Mr. Bruni also point out that the Committee raised the issue of reprisals after the last regular review of Burundi in 2014. They reminded the Burundian Government that reprisals contravene Article 13 of the Convention against Torture, to which the country has been a party since 1993. Article 13 states that complainants and witnesses should be protected against all ill-treatment or intimidation as a consequence of making a complaint or giving evidence.]
  • Finally on 16 August the United Nations Special Adviser on the Prevention of Genocide, Adama Dieng, expressed his concern at inflammatory statements by public officials that could constitute incitement to violence including, most recently, by a senior official of the ruling CNDD-FDD political party. In a statement on 16 August 2016 that was published on the CNDD-FDD website, Pascal Nyabenda, who was at the time President of the CNDD-FDD party and President of the National Assembly, suggested that the genocide in Rwanda was a fabrication of the international community, (“montages genocidaires contre le Gouvernement dit Hutu de Kigali”) that was used to remove the Hutu government that was in place at the time.   “This irresponsible statement could be interpreted as genocide denial”, Mr. Dieng said, “and has the potential to inflame ethnic tensions, both within Burundi and outside its borders”.  At the 20 August meeting of the party, a new head of the CNDD-FDD was appointed but Mr. Nyabenda continues in his role as President of the National Assembly. Special Adviser Dieng also raised concern that the youth wing of the CNDD-FDD party, known as the Imbonerakure, continues to be associated with human rights abuses and is reported to have threatened ethnic violence. He noted that the Minister of the Interior of Burundi had confirmed that the Imbonakure formed part of the national security strategy, as the CAT also pointed out in its concluding observations.
  • To make things even worse Burundi has rejected in early August the deployment of a United Nations police force saying the France-drafted resolution authorizing the security contingent was made without Bujumbura’s consent. “The government of Burundi rejects every aspect of this resolution linked to the deployment of any force on its territory,” spokesman Philippe Nzobonariba said in a statement released on Tuesday, adding that the resolution was “in violation of the fundamental principles required of the UN family and above all violating its sovereignty.” The response came after the UN Security Council authorized to dispatch of up to 228 officers to Bujumbura and elsewhere throughout the west African country for an initial period of one year, in an attempt to provide the council, according to French Ambassador Francois Delattre, with “eyes and ears” on the ground to provide early warning of possible mass atrocities. The planned deployment of the contingent has aroused fury from the country’s authorities, who initially agreed to accept no more than 50 officers The country’s authorities initially agreed to accept no more than 50 officers, but now infuriated by the UN planned deployment of 228-strong contingent, have rejected even the 50-strong security force.
  • An overview of FIDH actions concerning Burundi in 2015/16: https://www.fidh.org/en/region/Africa/burundi/burundi-one-year-of-bloody-crisis

http://allafrica.com/stories/201608270196.html

http://www.un.org/apps/news/story.asp?NewsID=54640#.V8Pm3IRptgc

https://www.amnesty.org/en/latest/news/2016/08/burundi-un-findings-must-be-a-wake-up-call-on-torture/

http://www.presstv.ir/Detail/2016/08/03/478262/Burundi-UNSC-UN-Nkurunziza-police-France

Amnesty and HRW trying to get Saudi Arabia suspended from the UN Human Rights Council

July 5, 2016

I have long argued that we should take another look at the possibility of using the suspension clause when members of the UN Human Rights Council go too far (see e.g. in the case of persistent reprisals https://thoolen.wordpress.com/2014/03/13/zero-tolerance-for-states-that-take-reprisals-against-hrds-lets-up-the-ante/in the  reprisals ). On Wednesday 29 June 2016, the two leading human rights NGOs, Amnesty International and Human Rights Watch, have urged UN member-states to suspend Saudi Arabia from the UN Human Rights Council over the killing of civilians in Yemen and repression at home. It will be a long shot but worth seeing how it works out: Read the rest of this entry »

Bahrain: denationalization, reprisals and travel bans against human rights defenders – will it ever end?

June 23, 2016

Bahrain does everything it can to keep itself in the spotlight of human rights concern. A coalition of NGOs, as well as the UN and (reluctantly) the USA have recently come out with criticism over travel bans, reprisals, denationalization and other violations:

When the 32nd session of the United Nations Human Rights Council opened in Geneva on 13 June 2016, Nabeel Rajab, Bahrain’s best-known human rights defender, was arrested after dozens of police officers raided his home at around 5am and confiscated his electronic devices. The day before, Bahraini human rights defenders and victims of violations were prevented from flying to Geneva. On 16 June 21 NGOs signed a statement of serious alarm by Bahrain’s restrictions civil society especially preventing them from engaging with the UN.

[Rajab, President of the Bahrain Center for Human Rights (BCHR – nominee of the MEA 2012), founding Director of the Gulf Centre for Human Rights (GCHR) and Deputy Secretary General of FIDH, was reportedly arrested under order from the Ministry of Interior’s Cybercrimes Unit. Bahraini officials had imposed a travel ban on Rajab a year ago, and since April 2015 have maintained charges against him for crimes related to freedom of expression online. Despite the submission of several appeals against the ban, authorities remained unresponsive. On 14 June 2016, Rajab was transferred to the public prosecution; and new charges were brought against him of allegedly ‘publishing and broadcasting false news that undermines the prestige of the state’. The public prosecution remanded him to seven days in detention pending investigation.]

In a new escalation of its crackdown against civil society, Bahraini authorities have now also banned other human rights defenders from leaving the country. The bans were imposed as the activists were attempting to travel to Geneva to participate in the Human Rights Council.

In light of this escalated attack on civil society in Bahrain, the 21 NGOs call for the immediate release of all human rights defenders in Bahrain, including Nabeel Rajab, and for the removal of the imposed travel bans which unfairly restrict activists’ freedom of movement. We also request that the President of the HRC, the UN High Commissioner for Human Rights, the Special Rapporteur on the Situation of Human Rights Defenders, the Special Rapporteur on Freedom of Opinion and Expression and the Special Rapporteur on the Rights to Freedom of Peaceful Assembly and Association call on the Bahraini authorities to immediately and unconditionally lift the travel ban imposed on Bahrain’s civil society activists and guarantee Bahraini human rights defenders are free from intimidation and restrictions on their work, including at the UN. We also call on the international community to hold the government of Bahrain to its commitments and obligations to foster a safe environment for the peaceful enjoyment of universal human rights.  The government of Bahrain must immediately stop the ongoing reprisals against human rights defenders who are engaging with international mechanisms including the UN system. [21 signatories to be hound at the bottom of this post.]

On 21 June 2016, the Office of the UN High Commissioner for Human Rights stepped in with an expression of great concern over this intensification of a crackdown on free expression and association, and the right to a nationality: Read the rest of this entry »

Cuba: reprisals against youth activists after meeting OAS Secretary General

June 22, 2016

That reprisals also take place in a regional human rights context is made clear by a report on 21 June 2016 by the New-York based Human Rights Foundation (HRF). It condemns the arbitrary arrest of activists Oscar Luis Milian and Yoandrys Gutiérrez, members of the Cuba-based youth movement Mesa de Diálogo de la Juventud Cubana. Both activists were detained for six hours last week at José Martí Airport in Havana when returning to the country after taking part in meetings with the Secretary General of the Organization of American States (OAS), Luis Almagro. The meetings — organized by the Latin American Youth Network for Democracy within the framework of the 46th General Assembly of the OAS in Santo Domingo — brought together human rights and democracy activists from all over the hemisphere.

Cuba: Activists Arrested After Meeting With OAS Secretary General

Bringing notepads and pens with slogans in favor of democracy and human rights into Cuba has always been considered a ‘subversive’ activity by Cuba’s 57-year-old dictatorship,” said Javier El-Hage, HRF’s chief legal officer. “Oscar and Yoandrys join an endless list of brave activists who are treated like criminals for daring to bring information from the outside world to ordinary citizens in Cuba. If Raúl Castro really wants to show tolerance and openness, he should begin by dismantling the regime’s repressive structure that prohibits people to think for themselves.

Milian and Gutiérrez were released six hours after their arrival in the Cuban capital and were never informed of the reason for their arrest.

Source: Cuba: Activists Arrested After Meeting With OAS Secretary General | News | Human Rights Foundation

Humanists calls on UN to stop reprisals against human rights defenders

June 15, 2016

On the first day of the 32nd session of the United Nations Human Rights Council, the International Humanist and Ethical Union (IHEU), called on the UN to do more to protect human rights activists, their right to free expression and their engagement with the UN system itself.

“We thank the High Commissioner for expressing his acute concern about the harassment of civil society organisations and journalists. As he has noted, effective engagement with, and empowerment of, civil society is vital to “give people, including the marginalised, a way to make their voices heard. Yet, some of those seeking to engage with this very institution have been targeted, via intimidation, threats, and reprisals, because they highlight human rights abuses in their own countries. Human rights defenders in China, Cambodia, Kuwait, and Sri Lanka have suffered reprisals. Just this weekend, Bahrain, following a predictable pattern, prevented at least six activists from traveling to Geneva to participate in this Council.

In addition, a number of states have made concerted efforts to exclude specific civil society voices from participation at the UN generally; ahead of a UN meeting on ending AIDS this month, the OIC blocked 11 gay and transgender organizations from attending. Freedom of expression and the right to peaceful assembly are not just rights to be emphasised for individuals across the world within different states, but also for those representing NGOs at the institutional level. Without them, we lose our capacity to stand up for the rights of others and our only current hope of bringing all states to account for their human rights abuses across the world.

This Council has a responsibility to protect those who engage with it from intimidation and reprisals. It also has a duty to ensure the protection of the all-too-vulnerable rights of free expression and assembly. If, as the High Commissioner suggests, civil society engagement can be viewed as a “threshold issue,” it is not at all clear whether this Council currently meets such a threshold…

Plenary of UN Human Rights Council, Geneva

Plenary of UN Human Rights Council, Geneva

O’Casey, IHEU Director of Advocacy,, argued that it is critical that the Council addresses threats suffered by those human rights defenders lobbying the UN once they have returned home.

Her statement in full at: IHEU | IHEU calls on UN to protect human rights defenders

Reprisals reach even an international NGO attending the Human Rights Council in Geneva

June 13, 2016

This blog has always had a keen eye out for reprisals against human rights defenders as I believe strongly that this issue is one of the most crucial facing the human rights movement. See e.g. https://thoolen.wordpress.com/2014/03/13/zero-tolerance-for-states-that-take-reprisals-against-hrds-lets-up-the-ante/. Now it turns out that Florian Irminger, Head of Advocacy at the Human Rights House Foundation (HRHF), received a death threat during the 31st session of the UN Human Rights Council (in March). Evidence strongly suggests that a diplomat working for the Russian Federation in Geneva and attending the Human Rights Council made this threat [see confirmation in link at the end of this piece]. Read the rest of this entry »

Urgent: award-winning cartoonist Zunar under threat in Malaysia needs support

May 19, 2016
On 3 May 2016 Malaysian cartoonist Zunar was one of the winners of the international Cartooning for Peace Prize [https://thoolen.wordpress.com/2016/05/04/cartoonists-gado-kenya-and-zunar-malaysia-get-2016-cartooning-for-peace-prize/].
Back home the backlash has started and he has asked for support:
– Malaysian ministers threaten him anew;
– a government-backed NGO is going to protest at Kofi Annan’s office.
The award was presented by ex-UN Secretary General, Kofi Annan, and the winners were given a chance to exhibit their artworks at Lac Léman in Geneva. Zunar’s cartoons covers issues such as corruption, freedom of expression, conspiracy against opposition leader Anwar Ibrahim, and the new National Security law.
In reaction Deputy-Prime Minister and Home Affairs Minister, Ahmad Zahid Hamidi hinted that the police may take action on him. Ahmad Zahid added that he hopes that Zunar will repent and find other ways to express himself. “I think in this regard, I am seeking Allah to open his (Zunar) heart so that he quickly repents and uses other approaches to express opposing opinions,” he said ( http://www.freemalaysiatoday.com/category/nation/2016/05/14/zahid-hopes-zunar-repents-criticise-but-dont-insult/ )

Read the rest of this entry »

Resolution on protection of defenders of economic, social and cultural rights adopted by Human Rights Council !!

March 25, 2016

 

On 24 March 2016 the ISHR reported that the UN Human Rights Council has adopted the landmark resolution on the protection of human rights defenders working to promote economic, social and cultural rights (see my post of 23 March: https://thoolen.wordpress.com/2016/03/23/norwegian-resolution-un-human-rights-council-defenders-amendments/).

The Norwegian-led resolution was adopted by a vote of 33 Member States of the Human Rights Council to just 6 against. Eight States in the 47-seat Council abstained. Over 150 NGOs from all over the world united to call on Member States of the Council to adopt the resolution and reject a series of 30 hostile amendments proposed by Russia, China, Egypt, Cuba and Pakistan, designed to undermine the protection of defenders and to deny their legitimacy and very existence.

The 6 States that voted ‘No’ on the resolution were not surprisingly Burundi, China, Cuba, Nigeria, Russia and Venezuela. States that abstained were Bolivia, El Salvador, Kenya, Namibia, Qatar, Saudi Arabia, the United Arab Emirates, and Viet Nam. Interesting and positive to note that some of the States that had supported hostile amendments (including Ecuador, Indonesia and India) in the end voted in favour of the resolution.

[The resolution affirms the legitimate and essential role of human rights defenders in promoting, protecting and contributing to the realisation of economic, social and cultural rights – including indigenous rights and the right to development – and condemns restrictions and attacks against them by both States and business enterprises. It also underscores the fact that exercise of the rights to freedom of expression, association, assembly and public participation can be essential to the promotion, protection and realisation of ESC rights, and that restrictions or violations of these democratic rights may lead and amount to violations of the ESC rights for which defenders are advocating.

The resolution also provides invaluable guidance to States and business as to obligations and good practices in the protection of defenders. For States, such obligations and good practices include developing specific human rights defender protection laws and mechanisms, investigating and ensuring accountability for attacks and reprisals against them, and facilitating access to information and participation in policy and decision-making processes. For businesses, the resolution reinforces the obligation to respect and not interfere with the work of defenders, and to consult closely with defenders to identify, avoid, mitigate and remedy human rights risks and violations associated with business activities and development projects.]

We particularly recognise the principled leadership of Norway in leading the development of this timely resolution,’ Mr Ineichen of the ISHR said.ISHR-logo-colour-high

The systematic but ultimately unsuccessful efforts by a small group of States to undermine the human rights defender resolution paradoxically demonstrate the vital importance and potential impact of this resolution,‘ said ISHR Director Phil Lynch.

 

Source: Human Rights Council adopts historic resolution on protection of defenders of economic, social and cultural rights | ISHR