There has been a slew of accusations coming from the Government Accountability Project (GAP) – a US based whistleblower NGO – against the UN and in particular the Office of the UN High Commissioner for Human Rights. The latest piece by Bea Edwards is entitled “Trouble at UN OHCHR: Investigate the High Commissioner” (9 February 2017). While I am most supportive of the OHCHR and its successive high commissioners including the current incumbent who has been vocal and courageous in taking on powerful adversaries [see: https://humanrightsdefenders.blog/tag/zeid-raad-al-hussein/ and especially https://humanrightsdefenders.blog/2016/09/14/un-high-commissioner-for-human-rights-states-may-shut-my-office-out-but-they-will-not-shut-us-up/], I have to admit that there are some worrying aspects, especially the latest accusation that a senior official “made a habit of providing the Chinese Government with the names of Chinese human rights activists who applied for accreditation to the sessions of the Human Rights Council before they traveled to Geneva“. UN Watch – known for its anti UN bias – took this issue and even linked it to the death of Cao Shunli [https://humanrightsdefenders.blog/tag/cao-shunli/]. The High Commissioner issued on 2 February 2017 a forceful statement entitled “UN rights office categorically rejects claims it endangered NGOs” (see http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21139&LangID=E). In this statement it says that “Chinese authorities, and others, regularly ask the UN Human Rights Office, several days or weeks prior to Human Rights Council meetings, whether particular NGO delegates are attending the forthcoming session. The Office never confirms this information until the accreditation process is formally under way, and until it is sure that there is no obvious security risk.” I give both document below but must say that the UN statement leaves open the possibility that Governments are given the names of those who intend to attend before they have left their country. Read the rest of this entry »
Posts Tagged ‘reprisals’
UN High Commissioner for Human Rights under pressure for providing names of human rights defenders
February 10, 2017EU Mechanism held first meeting: Human Rights Defenders are not criminals
December 2, 2016On 29 November 2016 ‘ProtectDefenders.eu’ – the EU Human Rights Defenders mechanism implemented by International Civil Society – concluded its first annual meeting of beneficiaries: human rights defenders at risk from all regions of the world who have benefited from the project gathered today in Brussels. The meeting aimed at reflecting on this first year of coordinated work to support defenders worldwide and at highlighting the worrying global phenomenon of criminalisation of human rights defenders.[see: https://thoolen.wordpress.com/2015/12/04/international-cooperative-consortium-protect-the-defenders-launched-on-2-december/]
To conclude the meeting, the twelve partner organisations of ProtectDefenders.eu have issued a public statement urging all national authorities to “publicly recognise the crucial role played by human rights defenders and protect them in all circumstances from any form of judicial harassment“. As stressed by Antoine Madelin, FIDH Director for International Advocacy and Chair of the Board of ProtectDefenders.eu, “Human Rights Defenders are the pillars of democracy and of the rule of law but are too often subjected to unfair criminal prosecution, in an effort to undermine their work in the defence of human rights.”
Since the launch of the project in October 2015, ProtectDefenders.eu has witnessed an increased criminalisation of defenders worldwide in reprisal to the conduct of legitimate human rights activities.
ProtectDefenders.eu held its meeting in Brussels under the motto “Defenders are not criminals” and brought together dozens of human rights defenders at risk supported by the EU mechanism during its first year of implementation, together with prominent representatives of NGOs, European institutions and Representatives of International and Regional Protection Mechanisms, including the United Nations Special Rapporteur on the situation of human rights defenders, Michel Forst. Participating defenders, coming from more than 20 countries such as Burundi, Honduras, Egypt, Bangladesh or the Russian Federation, shared their experiences of resilience in often dangerous and challenging situations and debated on the most effective strategies to counter criminalisation and pursue their work.
This meeting has also emphasised the main achievements and highlights of the first year of ProtectDefenders.eu. In the first twelve months, the EU Mechanism has provided more than 330 emergency grants to defenders at high risk, facilitating a rapid response to their legal, medical, security or emergency relocation needs in pressing circumstances. At the same time, ProtectDefenders.eu has successfully started and run a temporary relocation programme, disbursing more than 700,000 € in support of 74 temporary relocations in favour of 150 individuals, with the collaboration of host institutions worldwide and in the framework of the EU Temporary Relocation Platform.
The Project has also provided institutional and operational support to grassroots organisations, allocating more than 300,000 € through 32 grants. 1,300 defenders worldwide were trained to improve their security and protection in difficult contexts.
Finally, ProtectDefenders.eu has expanded its advocacy and outreach dimension, by conducting fact-finding missions and monitoring trials against defenders particularly in difficult countries, as well as carrying out initiatives to assist and connect isolated and vulnerable defenders throughout the world. ProtectDefenders.eu has coordinated more than 430 urgent alerts aimed at mobilizing the attention of concerned authorities, public and media on behalf of defenders at risk.
Human Rights defenders who attended the meeting positively assessed the first year of implementation of ProtectDefenders.eu. The twelve partners praised the EU strong support through the EIDHR of a project as ambitious and comprehensive as ProtectDefenders.eu. As pointed out by Andrew Anderson, Executive Director of Front Line Defenders and member of the Board of ProtectDefenders.eu, in the closing speech, “human rights defenders in danger around the world do benefit from this strong coordination between international civil society organizations and the institutions of the European Union.”
[ProtectDefenders.eu, the European Union Human Rights Defenders mechanism, delivers emergency help and temporary relocation grants for activists at risk, who face threats due to their work and are in need of urgent support. It also provides training and capacity-building for human rights organisations. ProtectDefenders carries out monitoring, advocacy and lobbying to raise awareness about the situation of human rights defenders and their need for protection]
Source: Newsfeed – ProtectDefenders.eu
Enough is enough: NGOs call for Burundi suspension from UN Human Rights Council
October 26, 2016In an open letter to the UN members states, dated 26 October 2016, twelve NGOs, coming from all regions, call for the suspension of Burundi from the Human Rights Council given the combination of its flagrant refusal to coöperate with the Council and the gross and systematic violations of human rights occurring in the country. [see also: https://thoolen.wordpress.com/2016/02/08/what-is-burundi-doing-in-the-un-human-rights-council/]. Here the main points: Read the rest of this entry »
Assistant Secretary General Andrew Gilmour appointed as the UN’s focal point to combat reprisals against human rights defenders
October 5, 2016The problem of reprisals against human rights defenders has been the subject of quite a few posts in this blog [see my earlier posts: https://thoolen.wordpress.com/tag/reprisals/]. On 3 October 2016 the SG of the United Nations, Ban Ki-moon, finally unveiled details about the long-awaited focal point against reprisals. This is a much-needed element to help combat the growing problem of governments preventing human rights defenders from engaging with the UN or punishing and even imprisoning them when they do so.
Assistant Secretary General, Andrew Gilmour, will be given a special mandate to receive, consider and respond to allegations of intimidation and reprisals against human rights defenders and other civil society actors engaging with the UN. In announcing the appointment Mr Ban said ‘These courageous individuals are often our only eyes and ears in extremely tough environments – and we owe them our best possible support’. ‘I have decided, in consultation with the High Commissioner for Human Rights, to designate my new Assistant Secretary-General for Human Rights, Mr. Andrew Gilmour, to lead our efforts within the UN system to put a stop to all intimidation and reprisals against those cooperating with the United Nations on human rights,’.
A recent report by the SG shows that reprisals take many forms, including travel bans, the issuance of arrest warrants on terrorism charges, detention and torture, surveillance, death threats, attempts to frame activists for criminal acts, defamation, and intimidation. In several cases defenders are tarnished as ‘terrorists’ or ‘traitors’, contributing to perceptions that engagement with the UN is an act of betrayal. In some cases reprisals have led to individuals fleeing their country, in others, to death.
This is an extremely welcome development. The ability of people or organisations to provide evidence or submit information or complaints to the UN is not a privilege – it is a fundamental right enshrined in the UN Declaration on Human Rights Defenders and it must be protected,’ said Ms Sinclair, ISHR’s legal counsel.
Source: Ban Ki-moon appoints high-ranking official to combat reprisals against human rights defenders | ISHR
OSCE and Human Rights Defenders at the Warsaw meeting: no smooth sailing
September 28, 2016The Diplomat wrote under the title “OSCE Manages to Irritate Tajikistan, Kyrgyzstan and Human Rights Advocates, Too” a good piece summarizing the situation at the latest annual human rights conference (officially the Human Dimension Implementation Meeting), taking place from 19-30 September 2016, in Warsaw.
Most attention should go to the recurring reprisals against HRDs and in particular (when they are out of reach through exile) against their family: Read the rest of this entry »
Monday 26 September: important panel discussion on responses to intimidation and reprisals against HRDs
September 21, 2016Ghana, 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.
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/
13 September starts the 33rd session of the Human Rights Council: reprisals high on the agenda
September 9, 2016As 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.
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:
- a number of treaty bodies have appointed reprisals rapporteurs or focal points,
- the treaty bodies as a whole have recently adopted a comprehensive set of guidelines on combatting intimidation and reprisals, and
- the President of the Human Rights Council has developed ‘ways of addressing the issue of reprisals in a more coherent and systematic manner’.
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, 2016The 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-need; https://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 reprisals. In 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
http://www.presstv.ir/Detail/2016/08/03/478262/Burundi-UNSC-UN-Nkurunziza-police-France
Bahrain: denationalization, reprisals and travel bans against human rights defenders – will it ever end?
June 23, 2016Bahrain 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 »
