The need to combat impunity for attacks against human rights defenders, together with the enactment of specific laws and policies to protect their work, have been identified as key priorities by the new UN Special Rapporteur on Human Rights Defenders, Michel Forst, in his inaugural reportto the UN General Assembly next week. This is stated by the International Service for Human Rights in Geneva.
The report, which will be presented to the General Assembly in New York in the week of 20 October, sets out a vision and priorities for the mandate over the coming three years, including a focus on groups of human rights defenders who are ‘most exposed’ or at risk, such as those working to promote economic, social and cultural rights, the rights of minorities, the rights of lesbian, gay, bisexual, transgender and intersex persons, women human rights defenders, and those working on issues of business and human rights or on accountability for past violations. According to the Special Rapporteur, each of his ‘future thematic and mission reports will contain a specific section dedicated to analysing the development of trends and particular threats facing the most exposed groups’.
The report expresses grave concern at the related issues of lack of cooperation with the mandate by some States, and the intimidation and reprisals faced by many human rights defenders in connection with their engagement with international and regional human rights mechanisms. The Special Rapporteur is ‘struck by the number and gravity of threats’ against those who cooperate with the UN, the report says, including ‘threats against the defenders themselves or their families, defamation campaigns, death threats, physical violence, abductions, hounding by law enforcement, assassinations or various forms of harassment and intimidation by the police’. In this connection, the Special Rapporteur pledges to follow-up more actively and systematically with States in relation to the investigation and remediation of alleged threats and attacks against defenders.
The need to ensure accountability and combat impunity for attacks against defenders comes through as a strong theme in the Special Rapporteur’s report, with Mr Forst identifying that ‘it is partially because of the de facto impunity enjoyed by perpetrators of reprisals against defenders that the phenomenon grows and expands’ and pledging that ‘one of the main lines of his work will be to combat the culture of impunity’. It is likely that the Special Rapporteur will dedicate a forthcoming report to this topic.[for examples see: https://thoolen.wordpress.com/tag/reprisals/]
Building on the recommendation of the previous Special Rapporteur that States enact specific laws and policies to protect human rights defenders, Mr Forst’s inaugural report identifies a need to ‘intensify efforts to convince governments to develop specific national measures, following the examples of Brazil, Colombia, Cote d’Ivoire and Mexico’ and foreshadows a future study focusing on the importance of national laws and mechanisms and ways to improve their effectiveness. He also pledges to play a significant role in the identification and dissemination of ‘good practices’ in the implementation of the Declaration of Human Rights Defenders, including through a more visible social media presence for the mandate.
A UN Human Rights Council mandated inquiry is currently investigating alleged violations of international humanitarian law, as well as gross and systematic human rights abuses, committed by the Government of Sri Lanka and the Liberation Tigers of Tamil Eelam, which led to estimated 40,000 civilian deaths in 2009 alone. In a joint letter dated 25 August to the President of the UN Human Rights Council and to the Ambassador of Sri Lanka, a coalition of NGOs outline an alarming trend of intimidation, threats and reprisals in Sri Lanka against people engaging with UN human rights mechanisms, including the Commission of Inquiry.
This pattern has been brought many times to the attention of the UN Human Rights Council by civil society, human rights experts and States, and even by the UN Secretary-General and High Commissioner. ‘The Government of Sri Lanka has the primary responsibility for protecting people from threats, intimidation and reprisal, and must condemn all such acts immediately and unequivocally as well as take all necessary lawful steps to affirm and uphold the right of all persons to free communication with the UN, safe from hindrance or insecurity’ said ISHR Director Phil Lynch. See also on reprisals: https://thoolen.wordpress.com/tag/reprisals/
Still on 13 September 2014, human rights defenders Mr Namal Rajapakshe and Mr Manjula Pathiraja in Sri Lanka were threatened with death in connection to their work as defence lawyers, reported Front Line on 15 September. Namal Rajapakshe and Manjula Pathiraja are leading human rights lawyers who have frequently appeared (often pro bono) in public interest litigation representing victims of human rights violations across Sri Lanka.
[On 13 September 2014, two unidentified men wearing jackets and helmets covering their faces entered the office of Namal Rajapakshe and threatened that he and Manjula Pathiraja would be killed should they appear in any more “unnecessary cases”. This is not the first time that Namal Rajapakshe and Manjula Pathiraja have been targeted. On 4 August 2014, the human rights defenders were intimidated, along with another lawyer, while they were making representations on behalf of their clients. They were harassed by a group of thugs inside the Maradana Police station – in front of the local Inspector.]
“Protecting civil society space and preventing reprisals: National and international developments and next steps” is side event that will be held on Friday, 19 September 2014 from 9.15 to 10.45 am in the Palais des Nations, Geneva, Room XXIV.
Opening remarks Olivier de Frouville, member of the UN Working Group on Enforced and Involuntary Disappearances and member-elect of the UN Human Rights Committee
Panelists:
Reine Alapini-Gansou, Special Rapporteur on Human Rights Defenders, African Commission on Human and Peoples Rights
Stephania Kulaeva, Director, Anti-Discrimination Centre Memorial, Russia
Patricia OBrien, Ambassador of Ireland to the UN
Eleanor Openshaw, Reprisals Advocacy Manager, International Service for Human Rights
Mothusi Bruce Rabasha Palai, Ambassador of Botswana to the UN TBC
Moderator: Michael Ineichen, Human Rights Council Advocacy Director, ISHR
The event will be webcast at www.ishr.ch/webcast. You can also follow the event on Twitter @ISHRGlobal, using the hashtag #ProtectCSS.
If you would like to attend but do not have UN accreditation, please email information[at]ishr.ch before 12 noon on 16 September.
On 8 September 2014 the new UN High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, addressed for the first time the Human Rights Council, and many will have been listening for clues about where he stands on key issues, how ‘activist’ he is likely to be etc. As the speech was rather long and covered a huge variety of issues, it is not easy to draw any conclusions yet. The fist half addressed issues of war and violence and in particular the humanitarian crises of today.
The role of the individual is beautifully worded: “courage is the first human virtue, revered the world over, the very virtue we value the most as human beings. The courageous individual is not he or she who wields great political power or points a gun at those who do not – that is not courage. The courageous individual is he or she who has nothing to wield but common sense, reason and the law, and is prepared to forfeit future, family, friends and even life in defence of others, or to end injustice. In its most magnificent form, the courageous individual undertakes this exertion, without ever threatening or taking the life of someone else, and certainly not someone defenceless.”..”the Takfiris [IS] who recently murdered James Foley and hundreds of other defenceless victims in Iraq and Syria – do they believe they are acting courageously? “…
“Navi Pillay was one of the greatest senior officials the UN has ever had, and one of the most able, formidable High Commissioners for Human Rights. That she could annoy many Governments – and she did – was clear; but she believed deeply and movingly in the centrality of victims, and of those who are discriminated against. They needed her vocal chords, her lungs and her pen, and she made everyone listen. I pledge to continue along the same path: to be as firm, yet always fair; critical of states when necessary, and full of praise when they deserve it.”
“A ministerial-level meeting will be held in New York on 25 September, on the need for a code of conduct to be adopted by the permanent members of the UN Security Council regarding use of veto, in situations where atrocities are ongoing and where those facts are well founded. This is not a call to have the UN Charter rewritten, but a call for the permanent members to exercise a moratorium in very specific circumstances involving atrocity crimes. I applaud the Government of France for taking the lead over this, and thank it for inviting me to participate on the 25th. When the veto is exercised for the sole purpose of blocking action by the Security Council, with no alternative course of action offered, and when people are suffering so grievously – that is also a form of cruelty.”
After briefly describing his priorities:
halt the increasingly conjoined conflicts in Iraq and Syria. In particular, dedicated efforts are urgently needed to protect religious and ethnic groups, children – who are at risk of forcible recruitment and sexual violence – and women, who have been the targets of severe restrictions.
ensure accountability and stop impunity
to take a step back and look at how and why these crises erupted,
the UN High Commissioner touched on a number of current situations and mentioned the importance of the different mechanisms and bodies. Finally he came to the civil society with the following words:
“But the work done by OHCHR, by the Special Procedures, by Treaty Bodies, this Council itself, and indeed, by Member States, could never be achieved without the greater efforts of civil society actors. We need their continuing support and contributions to realise progress. I encourage the Council to strengthen its constructive engagement with civil society actors, and to ensure that their voices can be raised safely and without reprisals. Freedoms of expression, association and peaceful assembly are rights that enable people to share ideas, form new thinking, and join together with others to claim their rights. It is through the exercise of these public freedoms that we make informed, considered and intelligent decisions about our development. To restrict them undermines progress. We must acknowledge the value of civic contribution, build the capacity of marginalised voices, ensure a place at the table for civil society actors, and safeguard their activities – including the activities of those who cooperate with this Council, its Special Procedures and Commissions of Inquiry. I take this opportunity to echo the Secretary-General’s condemnation of acts of reprisal against individuals by reason of their engagement with the United Nations.”
At the end of this speech, he paid significant attention to the issue of migration: “The treatment of non-nationals must observe the minimum standards set by international law. Human rights are not reserved for citizens only, or for people with visas. They are the inalienable rights of every individual, regardless of his or her location and migration status. A tendency to promote law enforcement and security paradigms at the expense of human rights frameworks dehumanises irregular migrants, enabling a climate of violence against them and further depriving them of the full protection of the law.”
In this new video produced by ISHR and True Heroes Films [THF] you hear about 4 cases (from Russia, China, Sri Lanka and DRC) of reprisals against human rights defenders who have bravely engaged at the UN. It would seem that the political costs of silencing and intimidating HRDs is not high enough for certain States to desist from this terrible practice. [for more posts on reprisals: https://thoolen.wordpress.com/tag/reprisals/]
A joint letter by 6 international NGOs (International committee of Jurists, Amnesty International, Asia Forum for Human Rights and Development, CIVICUS, the International Movement Against Discrimination and All Forms of Racism, and the International Service for Human Rights) to the UN Human Rights Council and the Sri Lankan government cites a number of recent incidents in which human rights defenders in the country were intimidated. Sri Lanka has vowed not to cooperate with the UN probe saying it infringed on the country’s sovereignty. Sri Lanka has rejected a UNHRC resolution in March that called for an international investigation into allegations that 40,000 civilians were killed in the final months of the civil war that ended in 2009.
The government spokesman and media minister, Keheliya Rambukwella, has reportedly threatened all those who intend to provide information to the UN investigation and promised to “take appropriate action based on the evidence the detractors give“. “We stress that threats, harassment, intimidation and reprisals against persons who engage with the UN are prohibited by international human rights law,” the letter said. “While we affirm the importance of exercising the right to free expression by journalists and others, we stress that the exercise of speech that serves to significantly risk inciting violence, hostility or discrimination against persons is unacceptable“.
My reference last week to an interview with the new Special Rapporteur on Human Rights Defenders [https://thoolen.wordpress.com/2014/08/05/michel-forst-new-special-rapporteur-on-human-rights-defenders-gives-indication-of-his-priorities/] seemed well appreciated judging from the number of views. Therefore I now refer you to a piece by the Director of the ISHR, Phil Lynch, of 16 July, who addresses the incoming UN High Commissioner for Human Rights, Zeid Ra’ad Zeid al-Hussein as the “human rights defender-in-chief“, saying that he has a particular responsibility to protect human rights defenders, especially so when they face intimidation and reprisals for their efforts to seek accountability at the UN for human rights violations. Read the rest of this entry »
My reference last week to an interview with the new Special Rapporteur on Human Rights Defenders [https://thoolen.wordpress.com/2014/08/05/michel-forst-new-special-rapporteur-on-human-rights-defenders-gives-indication-of-his-priorities/] seemed well appreciated judging from the number of views. Therefore I now refer you to a piece by the Director of the ISHR, Phil Lynch, of 16 July, who addresses the incoming UN High Commissioner for Human Rights, Zeid Ra’ad Zeid al-Hussein as the “human rights defender-in-chief“, saying that he has a particular responsibility to protect human rights defenders, especially so when they face intimidation and reprisals for their efforts to seek accountability at the UN for human rights violations. Read the rest of this entry »
After a long holiday break there is probably no better way to start again covering developments relevant to human rights defenders than by referring to the views of the new Special Rapporteur on Human Rights Defenders, Michel Forst, who shared his vision with the International Service on Human Rights on 16 July 2014. Michel Forst – appointed in June 2014 – is an experienced human rights lawyer. He was Secretary-General of France’s national human rights commission, and was a Board member of several international human rights NGOs. In an interview with ISHR, he sets out his vision and priorities in the post of Special Rapporteur on HRDs. Read the rest of this entry »
Reprisals are not limited to human rights defenders cooperating with the UN. Narges Mohammadi, a prominent human rights defender in Iran, told the NGO ‘International Campaign for Human Rights in Iran’ that new charges have been brought against her stemming from her March 8, 2014 meeting with the EU foreign policy chief Catherine Ashton. Mohammadi was charged with “propaganda against the state” and “collusion against national security” for her meeting with Ashton at the Austrian Embassy in Tehran. She was released on $10,000 bail. [Mohammadi was one of several women activists who accepted an invitation to meet the EU foreign policy head during her March visit to Tehran. The meeting took Iranian officials by surprise and unleashed a flurry of criticism by conservatives who described the meeting as “foreign interference in Iranian domestic affairs” and labeled the Iranian participants as foreign collaborators.]
Mohammadi stated: “I have been ‘charged’ with every single civil activity I have engaged in since my release from Zanjan Prison in August 2012, such as participating in gatherings on women’s rights, air pollution, and [Rouhani’s] Citizenship Rights Charter. I was also accused of honoring families of political prisoners at meetings, or attending a gathering with Gonabadi Dervishes in front of the Prosecutor’s Office, or giving interviews to media outside Iran. I told them there that when you fit all my civil activities into these two charges, it means that I must remain silent and still.”
Mohammadi was arrested in 2009 and charged with “assembly and collusion against national security,” “membership in the Defenders of Human Rights Center,” and “propaganda against the state.” She was first sentenced to 11 years in prison, but Branch 54 of the Tehran Appeals Court reduced her sentence to six years in prison. She was released in 2013 for medical reasons after a severe illness in Zanjan prison.
Hans Thoolen on Human Rights Defenders and their awards 