Posts Tagged ‘reprisals’

Human rights defenders issues at the 55th session of the Human Rights Council

February 26, 2024

The UN Human Rights Council (the Council) will hold its 55th regular session at Palais des Nations in Geneva from 26 February – 5 April 2024. As usual I am able to give yoiu a selection of the issues most direclty related to Human Rights Defedners thanks to the elaborate guide produced again by the International Service for Human Rights. Read the full Alert to the session online here, and
 Stay up-to-date by following @ISHRglobal and #HRC55 on Twitter. And look out for the Human Rights Council Monitor. CF: https://humanrightsdefenders.blog/2023/10/15/reults-of-the-54th-session-of-the-un-human-rights-council/

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. 


Egypt 

Thousands of individuals remain arbitrarily detained in Egypt solely for exercising their human rights and following proceedings violating fair trial rights or without legal basis. Those held include human rights defenders, political and humanitarian activists, members of opposition parties and their family members, trade unionists, poets, peaceful protesters including most recently in Palestine solidarity protests, journalists, bloggers, lawyers, social media influencers, members of religious minorities, workers and medical professionals. Egyptian authorities are failing to address key concerns raised by UN human rights bodies. In March 2023, the Human Rights Committee called on Egypt to ‘ensure that statutory limits to the duration of pretrial detention are enforced, including by putting an end to the involvement of security agencies in the decision-making process on the release of detainees and the practice of ‘rotation’ under which detainees are added to new cases on similar charges’.

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.

Side events ISHR and the Permanent Mission of Finland are co-organising a side event ‘In Defence of Civic Space and Democracy: Supporting the work of HRDs‘ on 26 February at 13:00-14:00 (CET) in Room XXII.

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. 

https://mailchi.mp/ishr/alert-to-the-human-rights-councils-55th-session-feb-apr2024?e=d1945ebb90

Cao Shunli, her legacy should not be silenced

February 16, 2024

‘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.

The photo exhibition will also display cases of Chinese, Tibetan, Uyghur, and Hong Kong human rights defenders who have been targeted for upholding the promise of the Universal Declaration of Human Rights. See: https://mailchi.mp/ishr/side-event-situation-guatemala-hrc55-7mar-34177?e=d1945ebb90

Who was Cao Shunli? 

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. 

https://ishr.ch/events/but-we-must-try-cao-shunli-the-unsilenceable-legacy

NGOs support proposed US Law to Protect Human Rights Defenders

February 3, 2024
A view of the U.S. Capitol Building in Washington, D.C., on May 28, 2020.

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.

https://www.amnestyusa.org/press-releases/amnesty-international-usa-supports-legislation-that-ensures-u-s-support-and-protections-for-human-rights-defenders-around-the-world

https://www.hrw.org/news/2024/01/31/proposed-us-law-would-protect-human-rights-defenders

https://www.foreign.senate.gov/press/dem/release/chair-cardin-speaks-in-support-of-courageous-human-rights-defenders-around-the-world

Phil Lynch talks about Human rights defenders as the lifeblood of the UDHR

December 22, 2023

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.

The right to defend rights

We all have the right – and the responsibility – to defend human rights. This was the revolutionary idea behind the Declaration on Human Rights Defenders, adopted by the General Assembly exactly 50 years after that same body adopted the Universal Declaration of Human Rights (UDHR). [see also: https://humanrightsdefenders.blog/2023/12/14/some-thoughts-on-the-25th-anniversary-of-the-un-declaration-on-human-rights-defenders/ and https://humanrightsdefenders.blog/2023/12/14/universal-declaration-of-human-rights-at-75-still-relevant/]

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.

https://ishr.ch/latest-updates/human-rights-defenders-are-the-lifeblood-of-the-universal-declaration-of-human-rights/

Today: International Human Solidarity Day

December 20, 2023

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.”

The experts: Cecilia M. Bailliet, Independent Expert on human rights and international solidarity; Aua Baldé (Chair-Rapporteur), Gabriella Citroni (Vice-Chair), Angkhana Neelapaijit, Grażyna Baranowska, Ana Lorena Delgadillo Pérez, Working Group on enforced or involuntary disappearances; Reem Alsalem, Special Rapporteur on violence against women and girls, its causes and consequences;Tomoya Obokata, Special Rapporteur on contemporary forms of slavery, including its causes and consequences; Irene Khan, Special Rapporteur on the protection and promotion of freedom of opinion and expression; Farida Shaheed, Special Rapporteur on the right to education; Livingstone Sewanyana, Independent Expert on the promotion of a democratic and equitable international order; Alice Jill Edwards, Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; Paula Gaviria Betancur, Special Rapporteur on the human rights of internally displaced persons;  Ben Saul, Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism; Graeme Reid, Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity; Marcos Orellana, Special Rapporteur on toxics and human rights ; Alioune Tine, Independent Expert on the situation of human rights in Mali; Mama Fatima Singhateh, The Special Rapporteur on the sale, sexual exploitation and sexual abuse of children; Michael Fakhri, Special Rapporteur on the right to food; Beatriz Miranda Galarza, Special Rapporteur on the elimination of discrimination against persons affected by leprosy and their family members; Clément Nyaletsossi Voule, Special Rapporteur on the rights to freedom of peaceful assembly and of association.;  Dorothy Estrada Tanck (Chair), Claudia Flores, Ivana Krstić,  Haina Lu, and Laura Nyirinkindi, Working Group on discrimination against women and girls;  Damilola Olawuyi (Chairperson), Robert McCorquodale (Vice-Chairperson), Elżbieta Karska, Fernanda Hopenhaym, and Pichamon Yeophantong, Working Group on the issue of human rights and transnational corporations and other business enterprises; Carlos Salazar Couto  (Chair-Rapporteur), Sorcha MacLeod, Jovana Jezdimirovic Ranito, Chris M. A. Kwaja, Ravindran Daniel, Working Group on the use of mercenaries; Javaid Rehman, Special Rapporteur on the situation of human rights in the Islamic Republic of Iran; Gehad Madi, Special Rapporteur on the human rights of migrants; Richard Bennett, Special Rapporteur on the situation of human rights in Afghanistan; Tlaleng Mofokeng, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health; David Boyd, Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment; Alexandra Xanthaki, Special Rapporteur in the field of cultural rights;  Priya Gopalan (Chair-Rapporteur),  Matthew Gillett (Vice-Chair on Communications),  Ganna Yudkivska (Vice-Chair on Follow-Up), Miriam Estrada-Castillo, and Mumba Malila, Working Group on arbitrary detention; Ms Attiya Waris, Independent Expert on the effects of foreign debt and other related international financial obligations and human rights.

https://www.ohchr.org/en/statements/2023/12/support-civil-societys-international-solidarity-efforts-peace-un-experts

Mary Lawlor returns from Algeria visit

December 7, 2023

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

https://www.ohchr.org/en/press-releases/2023/12/algeria-continued-restrictions-human-rights-defenders-undermine-social

https://www.fidh.org/en/region/north-africa-middle-east/algeria/algeria-reactions-following-the-visit-of-the-special-rapporteur-on

NGO Statement on outcomes of the UNGA 78 Third Committee

November 23, 2023

14 NGOs that closely follow and engage with the General Assembly Third Committee have published a joint statement on outcomes of this 78th sessionp

The undersigned civil society organisations mark the conclusion of the UN General Assembly’s (GA) 78th Third Committee session with the following observations on both thematic and country-specific outcomes. We urge all States to implement the commitments they have made during this session to their full extent.

We welcome the joint statement on reprisals, led by Ireland and Uruguay and joined by a cross-regional group of countries. The statement called on all States and the UN to prevent, respond to, and ensure accountability for cases of intimidation and reprisals against those who engage or seek to engage with the UN. Once again, 80 States signed on to the statement, and affirmed their commitment to freedom of expression and association; solidarity with defenders, civil society and victims of violations; and contributed to ensuring that UN bodies and processes are informed by, and respond effectively to, the needs of communities on the ground. We urge more States to sign on to future such statements. 

We welcome the adoption of the biennial resolution on human rights defenders focusing on the 75th anniversary of the Universal Declaration on Human Rights and the 25th anniversary of the UN Declaration on Human Rights Defenders. The resolution included strengthened language on women human rights defenders, defenders in conflict and post conflict situations and children defending human rights; as well as multiple and intersecting forms of discrimination and defenders’ work to develop new human rights ideas. We welcome calls on States to refrain from internet shutdowns and restrictions including digital technologies, as well as on OHCHR to collect information on threats, attacks and cases of arbitrary detention. We now look to all States to implement these commitments and meaningfully progress the protection of human rights defenders.        

We welcome the adoption of a strong resolution on the safety of journalists. This resolution adds new commitments for States on a wide range of issues, including on strategic lawsuits against public participation (SLAPPs), journalists covering protests, and gender-based harassment and abuse. The resolution also recognised the growing threat of generative artificial intelligence to the safety of journalists. We urge all States to translate these renewed international commitments into allocation of resources and political will at the national level to prevent, protect and remedy all human rights violations against journalists.

A new resolution on the promotion and protection of human rights in the context of digital technologies was adopted, advancing discussion on artificial intelligence at a critical time as the Global Digital Compact attempts a similarly comprehensive exercise. The text brings the omnibus coverage of the various Human Rights Council resolutions to the Third Committee, highlighting intersections of digital technologies, human rights, security and sustainable development, and crucially recognising that certain applications of digital technologies are incompatible with international human rights law. The text included language on racial and gender-based discrimination, business and human rights, privacy, targeted surveillance, data protection, freedom of expression, censorship and internet shutdowns. We hope to build on this broad foundation and strengthen elements on targeted surveillance, commercial spyware, biometric data in digital public infrastructure, and applications of artificial intelligence in future resolutions.

The resolution on terrorism and human rights adopted by consensus underscores the importance of the promotion of human rights and meaningful participation of all of society in counter-terrorism efforts nationally and globally. This resolution offered an opportunity to reflect on changes in State violations in the name of counter-terrorism or national security, and to build on language on gender inclusivity, civil society engagement and the importance of international humanitarian law and humanitarian access included in the recent UN Global Counter-Terrorism Strategy and report by the Special Rapporteur on human rights and counter terrorism. However, as the resolution was a technical rollover from GA76, we regret that this opportunity was not seized this session and hope that future resolutions will build upon these advancements.

We welcome the adoption of the resolution on strengthening the role of the UN in the promotion of democratization and enhancing periodic and genuine elections, focusing on media freedom and freedom of expression, presented by the US. The role of human rights defenders, as well as States’ obligation to ensure the right of all to participate in elections and to take steps to eliminate policies and practices discriminating on various grounds was maintained in the text. Critically, for the second time, the text recognised women and girls in all their diversity, and listed sexual orientation and gender identity as prohibited grounds of discrimination; despite votes being called to amend those references. Consensus was broken on the resolution for the first time, but was ultimately adopted by an overwhelming majority. 

We welcome the adoption by consensus of the resolution on the rights of Indigenous Peoples. We specifically welcome calls on States to ensure the protection and safety of indigenous human rights defenders, and to prevent and investigate human rights violations, killings, reprisals and abuses against them.

The rights of the Child resolution, focusing on the digital environment, was adopted by consensus. Despite the timeline precluding a full consideration of the lengthy text and risking an imbalanced update, we welcome the co-facilitators’ decision to open the full text for negotiation, to include updates related to the theme and references to General Comments 25 and 26 of the Committee on the Rights of the Child. We welcome retention of agreed language, and updates, including: bridging digital divides; protection from violence, harassment and abuse in the digital environment; access to information and impacts of digital acceleration on education access; sexual and reproductive health; multiple and intersecting forms of discrimination; and private sector responsibilities. We are disappointed however by decisions to delete agreed language on the full, equal and meaningful participation of girls, delete paragraphs on COVID-19 that resulted in lost language on children’s rights, to remove language on specific challenges facing girls, and to include new non-agreed language on the common responsibilities of parents.

Gender related resolutions

The resolution on policies and Programmes Involving Youth presented by Cabo Verde, Kazakhstan and Portugal, was adopted by consensus. The zero-draft was slimmed down in a streamlining exercise, leading to the exclusion of human rights frameworks and a focus on reinserting previously agreed language. We are pleased that references to multiple and intersecting forms of discrimination, sexual and gender based violence, sexual and reproductive health services, menstrual health, comprehensive education and human rights frameworks were retained.  However we regret that despite significant support from Member States, agreed language from the previous resolution on sexual and reproductive health and rights, menstrual hygiene management, marginalised persons and situations, comprehensive sexuality education, as well as references to adolescents were not included in the final text.

We welcome the adoption by consensus of the resolution on the human rights to safe drinking water and sanitation (WASH), presented by Germany and Spain, that included new references to menstrual health and hygiene management, sexual and reproductive health-care services, and sexual and gender-based violence. Language was maintained on the stigmatising effect of lack of menstrual health and hygiene management on young women and girls; as well as inequalities caused by COVID-19 in accessing adequate WASH services especially for women, girls and persons in vulnerable situations, adversely impacting gender equality and women’s empowerment. We regret that, despite significant support, references to multiple and intersecting forms of discrimination and sexual and gender-based violence were either omitted or diluted in the final text, neglecting the need to comprehensively address various forms of violence and discrimination women and girls face when accessing water and sanitation. 

We welcome the adoption by consensus of the violence against women migrant workers resolution presented by Indonesia and the Philippines. The resolution includes new references to gender-based violence through digital technologies, particularly impacting women migrant workers in transit and in destination countries; as well as root causes of migration, including climate change, the availability of equitable work and inequitable ownership of local resources, which undermine women’s empowerment. Strengthened recognition of domestic and care migrant workers as a particularly vulnerable group who can face exploitation, violence, and abuse due to the informal nature of their employment was included. We regret that despite significant support, additional references to sexual and reproductive health, intimate partner violence, and multiple and intersection forms of discrimination were omitted in the final text. We echo the resolution’s call to all Member States to protect all migrant women from harassment and violence, regardless of migration status.

The resolution on the Girl Child, presented by the Southern African Development Community (SADC), was adopted by consensus. We welcome the retention of agreed language, as well as the theme proposed for the Secretary General’s Report to the eightieth GA session on the impact of digital technologies on girls, and related language updates. However, we deeply regret   that the circulation of the text did not allow sufficient time for a comprehensive and substantive update. We are disappointed that the only other update to the text was the unprecedented inclusion of language on family-oriented and family-policies. In the absence of references to other policies that aim to realise the rights of girls in all their diversity, this new inclusion results in an imbalanced text that fails to fully recognize and address the challenges they face. Given the rapidly changing global landscape for girls and that last substantive revision of this text was in 2017, a comprehensive update to this resolution remains crucial.

The resolution on rural women was adopted by consensus and co-sponsored by more than 60 Member States. We welcome the retention of agreed language that recognizes the impact of historical and structural power relations, gender stereotypes and negative social norms on the achievement of gender equality and the empowerment of women and girls, particularly those living in rural areas. We also welcome that the resolution urges Member States to implement policies and programs that promote and protect the human rights of women and girls, address sexual and gender-based violence and multiple intersecting forms of discrimination, and strengthen measures to ensure universal access to sexual and reproductive health and reproductive rights. We, however, deeply regret that several proposals to further strengthen the resolution that were supported by many Member States were not retained in the final draft including on the particular challenges women and girls living in rural areas face in accessing sexual and reproductive health services, and references to women and girls in all their diversity. 

The resolution on follow up to the Beijing Declaration and Platform for Action presented by Bangladesh was adopted by consensus. We welcome the text, which includes new references to the high-level meeting on universal health coverage, the universality of the 2030 agenda and their role in achieving gender equality, and to the UN system-wide Knowledge Hub on addressing sexual harassment. It also calls for a high-level meeting at the 80th General Assembly to celebrate the 30th anniversary of the Fourth World Conference on Women, and to accelerate the realisation of gender equality and the empowerment of all women and girls. We regret that proposed text on multiple and intersecting forms of discrimination and on the importance of the realisation of sexual and reproductive health and reproductive rights was not included in the final document. 

COUNTRY SITUATIONS

The joint statement on the human rights situation in Xinjiang, China delivered by the UK on behalf of a cross-regional group of 51 countries is a strong message to Chinese authorities regarding growing concerns about abuses against Turkic Muslim communities. This year, there are new signatories from several regional groups. The statement emphasises the serious human rights violations Uyghurs and other Turkic Muslim communities continue to suffer in Xinjiang, and echoes the UN Office of the High Commissioner for Human Rights’ August 2022 report, which concluded that the abuses ‘may constitute international crimes, in particular crimes against humanity.’ The statement notes that a year has passed since the release of the OHCHR report, and China has yet to engage constructively with its findings. It urges China to end its human rights violations, engage constructively with the OHCHR, and fully implement the reports’ recommendations. With only one more State signature than the 2022 joint statement, work remains to be done to ensure broader support from Member States to hold China accountable for its human rights violations including from Muslim-majority countries.

Resolutions 

While we support the below resolutions that highlight violations of human rights in specific countries, we acknowledge the existence of human rights violations in many other countries that also merit the attention of the UN General Assembly and look forward to a time when they are also considered in the Third Committee.

The resolution on the human rights situation in the Islamic Republic of Iran was adopted following a vote (80 in favour; 65 against; 29 abstentions). Initiated by Canada and a core group and cosponsored by 50 countries, this comprehensive resolution calls on Iran to uphold the rights of all citizens. It specifically calls on Iran to prohibit child, early and forced marriage, female genital mutilation, children being subject to the death penalty, torture and other inhuman treatment. It condemns fundamental rights violations, the frequent imposition of the death penalty, intensified and targeted repression of women and girls, the use of surveillance and force against non violent protesters, and poor prison conditions. It also calls for an end to all discrimination and violations against ethnic, linguistic and other minorities as well as recognized and unrecognised religious minorities, including Baha’is who continue to suffer various violations including persecution, mass arrests, lengthy prison sentences. 

We welcome the adoption of the resolution on the situation of human rights in the Syrian Arab Republic. We particularly welcome new references to the victim- and survivor-centric Independent Institution on Missing Persons, a mechanism established by the UN General Assembly this June, to help clarify the fate and whereabouts of all missing persons in Syria. However, we are disappointed that the resolutions’ co-sponsors orally amended the text to remove a critical paragraph that would have mandated a regular report on humanitarian access in the country. Not only would this report have specifically highlighted instances where humanitarian access was not full, timely, unrestricted or sustained; it would have filled a gap left by the failure to renew the Security Council-mandated cross-border humanitarian mechanism earlier this year. 

The consensus adoption of the resolution on the human rights situation in the Democratic People’s Republic of Korea (DPRK) demonstrates that Member States remain deeply concerned about the appalling abuses committed by the DPRK authorities. We welcome in particular the inclusion of language on accountability. We also welcome language stressing the linkages between the human rights situation in the country, including with respect to the rights of women and girls, and the continuing diversion of DPRK’s resources to pursuing nuclear weapons and ballistic missile programmes over the welfare of its people. 

The resolution on the situation of human rights of Rohingya Muslims and other minorities in Myanmar, which was adopted by consensus, once again does not reiterate key elements of the 2021 UNGA resolution which followed the military coup in February 2021. The resolution fails to comprehensively address ongoing and escalating human rights violations by the military, despite the Special Rapporteur on Myanmar’s warning that a ‘raging fire of brutality’ is engulfing the country. The resolution however recognizes the impacts of militarization aggravated by the continued access to arms from abroad, reiterates protection needs of the Rohingya and calls for all necessary measures to be taken to provide justice to victims and ensure accountability.

The resolution on the situation of human rights in the temporarily occupied territories of Ukraine, including the Autonomous Republic of Crimea and the city of Sevastopol was adopted by vote. The resolution strongly condemns intensifying crackdowns against journalists and other media workers, human rights defenders and civil rights activists, as well as forcible transfers of Ukrainian children and other civilians to the temporarily controlled or occupied territories of Ukraine and their deportation to the Russian Federation. The resolution further calls on Russia to cease all violations and abuses, including discriminatory measures and practices, arbitrary detentions and arrests within the framework of the so-called filtration procedures, enforced disappearances, torture, sexual and gender-based violence, including compeling apprehended persons to self-incriminate or ‘cooperate” with law enforcement, ensure fair trial, and revoke all discriminatory legislation.

CIVIL SOCIETY ACCESS While we welcome the action by some States to invite civil society organisations to join informals as observers this session, it was disappointing that only a few States extended this invitation. This year, once again, civil society encountered challenges in staying informed about informal negotiations. The schedule of these informal sessions, previously available in the UN journal until 2019, was once again absent from the said journal. Instead, it was exclusively published on the e-deleGATE platform, to which civil society does not have access.These critical barriers to civil society access to Third Committee negotiations deprive the Committee of civil society’s technical expertise and mean that its outcomes fail to leverage the contributions of a crucial stakeholder in promoting the implementation of human rights.

SIGNATORIES

Access Now 

Amnesty International

ARTICLE 19

Association for Progressive Communications – APC

Center for Reproductive Rights 

CIVICUS

Fòs Feminista

Global Centre for the Responsibility to Protect

Human Rights in China

Human Rights Watch

International Center for Not-for-Profit Law

International Service for Human Rights

Outright International

Women Deliver

https://ishr.ch/latest-updates/joint-civil-society-statement-on-outcomes-of-the-unga-78-third-committee/

UN Secretary-General’s Report 2022/23 on Reprisals : lack of progress

September 29, 2023

On Monday 18 September, over 50 activists, members of civil society organisations and diplomatic partners gathered on Geneva’s Place des Nations, unfurling a giant banner celebrating the right to defend human rights, as enshrined in the foundational UN Declaration on Human Rights Defenders.

The banner and gathering were meant to mark the 25th anniversary of the Declaration, which was adopted by the UN General Assembly in 1998. The document explicitly laid out the rights of human rights defenders and the protection owed to them by governments and businesses, emphasising that everyone has the right to advocate and defend rights and fundamental freedoms.

On 28 September 2023, the UN Secretary-General’s report on reprisals was presented, which covers the period from 1 May 2022 to 30 April 2023. Over 220 individuals and 25 organizations in 40 countries across the world faced threats and retaliation from State and non-State actors for cooperating with the UN on human rights.

Human rights defenders and other civil society actors are increasingly under surveillance and continued to face legal proceedings, travel bans and threats, and be given prison sentences for cooperating with the UN and the UN’s human mechanisms.

“A global context of shrinking civic space is making it increasingly difficult to properly document, report and respond to cases of reprisals, which means that the number is likely much higher,” said Assistant Secretary-General for Human Rights Ilze Brands Kehris in her presentation to the Human Rights Council in Geneva. [see also: https://humanrightsdefenders.blog/2020/11/16/new-assistant-secretary-general-wants-to-improve-civil-society-participation-in-the-general-assembly/]

Among the growing trends noted in the report is the increase in people either choosing not to cooperate with the UN due to concerns for their safety, or only doing so if kept anonymous. 

Victims and witnesses in two-thirds of the States listed in the report requested anonymous reporting of reprisals, compared with one-third in last year’s report.  And most people who reported facing reprisals for their cooperation with the Security Council and its peace operations, as well as with the UN Permanent Forum on Indigenous Issues did so on the condition of anonymity.

A second trend was the increasing surveillance of those who cooperate or attempt to cooperate with the UN, being reported in half of the countries named in the report.  An increase in physical surveillance by State actors was also noted, likely linked to the return to in-person forms of engagement with the UN.

Third, almost forty-five per cent of the in the report continued to apply or enact new laws and regulations concerning civil society, counter-terrorism and national security, which punish, deter or hinder cooperation with the UN and its human rights mechanisms. 
These legislative frameworks represent severe obstacles to long-standing human rights partners of the UN worldwide, and were used to outlaw some of them, raid their offices, and question, threaten or try their staff.

Finally, the specificity and severity of acts of reprisals against women and girls, which constitute half of the victims in this year’s report, was once again identified with concern.

Most of them are human rights defenders and civil society representatives targeted for their cooperation with UN human rights mechanisms and peace operations, but there is also a significant number of judicial officers and lawyers subjected to reprisals for their cooperation with the UN in search of accountability and remedy.

“We have a duty to those who put their trust in us,” said Brands Kehris. “That is why at the UN, we are determined to live up to our collective responsibility to prevent and address intimidation and reprisals against those who cooperate with the organization and its human rights mechanisms.” 

The 40 States referred to in the report are: Algeria, Afghanistan, Andorra, Bahrain, Bangladesh, Belarus, Burundi, Cameroon, China, Colombia, Cuba, Democratic Republic of the Congo, Djibouti, Egypt, France, Guatemala, India, Indonesia, Iran (Islamic Republic of), Iraq, Israel, Saudi Arabia, Libya, Maldives, Mali, Mexico, Myanmar, Nicaragua, Pakistan, the Philippines, Qatar, the Russian Federation, South Sudan, United Republic of Tanzania, United Arab Emirates, Uzbekistan, Viet Nam, Venezuela (Bolivarian Republic of), Yemen, and the State of Palestine.

The full report at A/HRC/54/61

https://ishr.ch/latest-updates/defenders-gather-before-the-un-headquarters-to-call-for-better-protection-of-their-work/

https://genevasolutions.news/human-rights/punished-for-speaking-up-at-the-un

Human Rights Defenders issues at the 53rd Session of the UN Human Rights Council

June 20, 2023

The 53rd session of the UN Human Rights Council started 19 June (to end on 14 July 2023). Thanks to the – as usual – excellent documentation prepared by the International Service for Human Rights (ISHR) I will highlight the themes mostly affecting HRDs.

To stay up-to-date you can follow @ISHRglobal and #HRC53 on Twitter, and look out for its Human Rights Council Monitor. During the session, follow the live-updated programme of work on Sched.

See also: https://humanrightsdefenders.blog/2023/05/09/hrc52-civil-society-presents-key-takeaways-from-human-rights-council/

Here are some highlights of the session’s thematic discussions

Human rights of migrants

The Council will consider a resolution on the human rights of migrants this session, where a big problem is the criminalisation of the provision of solidarity and support, including rescues at sea, by migrant rights defenders.

Reprisals

..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.

This month ISHR launched a new campaign regarding five cases. ISHR urges States to raise these cases in their statements:

  • Anexa Alfred Cunningham (Nicaragua), a Miskitu Indigenous leader, woman human rights defender, lawyer and expert on Indigenous peoples rights from Nicaragua, who has been denied entry back into her country since July 2022, when she participated in a session of a group of United Nations experts on the rights of Indigenous Peoples. States should demand that Anexa be permitted to return to her country, community and family and enabled to continue her work safely and without restriction.
  • Vanessa Mendoza (Andorra), a psychologist and the president of Associació Stop Violències, which focuses on gender-based violence, sexual and reproductive rights, and advocates for safe and legal abortion in Andorra. After engaging with CEDAW in 2019, Vanessa was charged with ‘slander with publicity’, ‘slander against the co-princes’ and ‘crimes against the prestige of the institutions’. She has been indicted for the alleged “crimes against the prestige of the institutions” involving a potentially heavy fine (up to 30,000 euros) and a criminal record if convicted. States should demand that the authorities in Andorra unconditionally drop all charges against Vanessa and amend laws which violate the rights to freedom of expression and association.
  • Kadar Abdi Ibrahim (Djibouti) is a human rights defender and journalist from Djibouti. He is also the Secretary-General of the political party Movement for Democracy and Freedom (MoDEL). Days after returning from Geneva, where Kadar carried out advocacy activities ahead of Djibouti’s Universal Periodic Review (UPR), intelligence service agents raided his house and confiscated his passport. He has thus been banned from travel for five years. States should call on the authorities in Djibouti to lift the travel ban and return Kadar’s passport immediately and unconditionally.
  • Hong Kong civil society (Hong Kong): Until 2020, civil society in Hong Kong was vibrant and had engaged consistently and constructively with the UN. This engagement came to a screeching halt after the imposition by Beijing of the National Security Law for Hong Kong (NSL), which entered into force on 1 July 2020. States should urge the Hong Kong authorities to repeal the offensive National Security Law and desist from criminalizing cooperation with the UN and other work to defend human rights.
  • Maryam al-Balushi and Amina al-Abduli (United Arab Emirates), Amina Al-Abdouli used to work as a school teacher. She was advocating for the Arab Spring and the Syrian uprising. She is a mother of five. Maryam Al Balushi was a student at the College of Technology. They were arrested for their human rights work, and held in incommunicado detention, tortured and forced into self-incriminatory confessions. After the UN Special Procedures mandate holders sent a letter to the UAE authorities raising concerns about their torture and ill treatment in detention in 2019, the UAE charged Amina and Maryam with three additional crimes. The UN Working Group on Arbitrary Detention found their detention arbitrary and a clear case of reprisals for communicating with Special Procedures. In April 2021, a court sentenced them to three additional years of prison for “publishing false information that disturbs the public order”. States should demand that authorities in the UAE immediately and unconditionally release Maryam and Amina and provide them with reparations for their arbitrary detention and ill-treatment.

Other thematic reports

At this 53rd 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:

  • The Special Rapporteur on the rights to freedom of peaceful assembly and of association
  • The Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
  • The Special Rapporteur on the right to freedom of expression
  • The Special Rapporteur on the right to health
  • The Special Rapporteur on extrajudicial, summary of arbitrary executions
  • 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
  • The Working Group on the issue of human rights and transnational corporations and other business enterprises
  • The High Commissioner on the importance of casualty recording for the promotion and protection of human rights
  • The Special Adviser to the Secretary-General on the Prevention of Genocide

In addition, the Council will hold dedicated debates on the rights of specific groups including:

  • The Working Group on discrimination against women and girls
  • The Special Rapporteur on violence against women and girls, its causes and consequences
  • The Special Rapporteur on the human rights of migrants
  • The Special Rapporteur on trafficking in persons, especially women and children
  • The Special Rapporteur on independence of judges and lawyers

#HRC53 | Country-specific developments

Afghanistan

The Human Rights Council will hold its Enhanced Interactive Dialogue on Afghanistan, with the Special Rapporteur on the situation in Afghanistan and the Working Group on Discrimination against Women in Law and Practice. The joint report of the two mandates follows up from an urgent debate held last year on the situation of women and girls in the country. Their visit to the country concluded that there exist manifestations of systemic discrimination violating human rights and fundamental freedoms in both public and private lives. ISHR has joined many around the world to argue that the situation amounts to gender apartheid, and welcomes the call of the two mandate holders to develop normative standards and tools to address this as “an institutionalised system of discrimination, segregation, humiliation and exclusion of women and girls”. The gravity and severity is urgent, and requires that States act on the ongoing calls by Afghan civil society to establish an accountability mechanism for crimes against humanity.

Algeria

On 15 June, fifteen activists and peaceful protesters will face trial in Algiers on the basis of unfounded charges which include ‘enrolment in a terrorist or subversive organisation active abroad or in Algeria’ and ‘propaganda likely to harm the national interest, of foreign origin or inspiration’. The activists were arrested between 23 and 27 April 2021, and arbitrarily prosecuted within one criminal case. If convicted of these charges, they face a prison sentence of up to twenty years. This case includes HRDs Kaddour Chouicha, Jamila Loukil and Said Boudour who were members of the LADDH before its dissolution by the Administrative Court of Algiers following a complaint filed by the Interior Ministry on 29 June 2022.  We urge States to monitor the prosecution closely, including by attending the trial. We also urge States to demand that Algeria, a HRC member, end its crackdown on human rights defenders and civil society organisations, amend laws used to silence peaceful dissent and stifle civil society, and immediately and unconditionally release arbitrarily detained human rights defenders.

China

The recent findings of the Committee on Economic, Social and Cultural Rights in March, the Committee on the Elimination of Discrimination against Women in May, and the seven key benchmarks on Xinjiang by 15 Special Rapporteurs add up to wide range of UN expert voices that have collectively raised profound concern at the Chinese government’s treatment of Uyghurs, Tibetans, Hong Kongers and HRDs in mainland China. Seldom has the gap between the breadth of UN documentation on crimes against humanity and other grave violations and the lack of action by the Human Rights Council in response to such overwhelming evidence been so flagrant: the Council’s credibility is at stake. ISHR calls on the Council to promptly adopt a resolution requesting updated information on the human rights situation in Xinjiang, and a dialogue among all stakeholders on the matter. Governments from all regions should avoid selectivity, put an end to China’s exceptionalism, and provide a meaningful response to atrocity crimes on the basis of impartial UN-corroborated information.

The recent convictions of prominent rights defenders Ding Jiaxi and Xu Zhiyong to 12 and 14 years in jail respectively, and the recent detention of 2022 Martin Ennals awardee Yu Wensheng and his wife Xu Yan for ‘subversion of State power’ a year after his release, point to the need for sustained attention to the fate of HRDs in China. States should address in a joint statement the abuse of national security and other root causes of violations that commonly affect Uyghurs, Tibetans, Hong Kongers and mainland Chinese HRDs. States should also ask for the prompt release of human rights defenders, including human rights lawyers Chang Weiping, Yu Wensheng and Ding Jiaxi, legal scholar Xu Zhiyong, feminist activists Huang Xueqin and Li Qiaochu, Uyghur doctor Gulshan Abbas, Hong Kong lawyer Chow Hang-tung, and Tibetan climate activist A-nya Sengdra.

Egypt

Since the joint statement delivered by States in March 2021 at the HRC, there has been no significant improvement in the human rights situation in Egypt despite the launching of the national human rights strategy and the national dialogue. The Egyptian government has failed to address, adequately or at all, the repeated serious concerns expressed by several UN Special Procedures over the broad and expansive definition of “terrorism”, which enables the conflation of civil disobedience and peaceful criticism with “terrorism”. The Human Rights Committee raised its concerns “that these laws are used, in combination with restrictive legislation on fundamental freedoms, to silence actual or perceived critics of the Government, including peaceful protesters, lawyers, journalists, political opponents and human rights defenders”. Egyptian and international civil society organisations have been calling on the HRC to establish a monitoring and reporting mechanism on the human rights situation in Egypt, applying objective criteria and in light of the Egyptian government’s absolute lack of genuine will to acknowledge, let alone address, the country’s deep-rooted human rights crisis.

Israel and OPT

Civil society continues to call on the OHCHR to implement, in full, the mandate provided by HRC resolution 31/36 of March 2016 with regards to the UN database of businesses involved in Israel’s illegal settlement industry. The resolution mandated the release of a report containing the names of the companies involved in Israel’s settlement enterprise, to be annually updated. The initial report containing a list of 112 companies was released by the OHCHR in February 2020, three years after the mandated release date and despite undue political pressure. Since then, the UN database has not been updated. UN member states should continue to call on the OHCHR to implement the mandate in full and publish an annual update, as this represents a question of credibility of the Office of the High Commissioner and the Council.

The Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel will present its second report to the Council on 20 June. Member states should continue to support the work of the CoI to investigate the root causes of the situation in line with its mandate with a view to putting an end to 75 years of denial of the Palestinian’s people inalienable rights to self-determination and return. As the Palestinian people commemorate 75 years of Nakba (the destruction of Palestinian homeland and society), the CoI needs to address the root causes of the situation, including by investigating the ongoing denial of the Palestinian people’s right to self-determination and the return of refugees, as well as the ongoing forcible displacement of Palestinians on both sides of the Green Line in the context of Israel’s imposition of a system of colonial apartheid.

In addition, on 10 July, the Council will hold an interactive dialogue with the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967.

Saudi Arabia

In light of the ongoing diplomatic rehabilitation of crown prince and de facto ruler Mohammed bin Salman, the Saudi authorities’ brazen repression continues to intensify, as ALQST has documented. Some notable recent trends include, but are not limited to: the further harsh sentencing of activists for peaceful social media use, such as women activists Salma al-Shehab (27 years), Fatima al-Shawarbi (30 years and six months) and Sukaynah al-Aithan (40 years); the ongoing detention of prisoners of conscience beyond the expiry of their sentences, some of whom continue to be held incommunicado such as human rights defenders Mohammed al-Qahtani and Essa al-Nukheifi, and; regressive developments in relation to the death penalty, including a wave of new death sentences passed and a surge in executions (47 individuals were executed from March-May 2023), raising concerns for those currently on death row, including several young men at risk for crimes they allegedly committed as minors. We call on the HRC to respond to the calls of NGOs from around the world to create a monitoring and reporting mechanism on the ever-deteriorating human rights situation in Saudi Arabia.

Nicaragua

Continued attention should be paid by States at the HRC to the steadily worsening situation in Nicaragua. On 2 June, the spokesperson for the UN High Commissioner for Human Rights raised ‘growing concerns that the authorities in Nicaragua are actively silencing any critical or dissenting voices in the country and are using the justice system to this end’. The OHCHR reports 63 individuals arbitrarily detained in May alone, with 55 charged with ‘conspiracy to undermine national integrity’ and ‘spreading false news’ within one single night, without access to a lawyer of their choosing. States should express support for the monitoring and investigation work of the OHCHR and the Group of Human Rights Experts on Nicaragua (GHREN), and call on the Nicaraguan government to release the remaining 46 political prisoners, revoke its decision to strip deported political prisoners off their nationality, and take meaningful measures to prevent, address and investigate violence by armed settlers against Indigenous Peoples and Afro-descendants.

Russia

Russia’s war of aggression against Ukraine has also been accompanied by a domestic war of repression against human rights defenders, independent journalists and political dissent. Most recently, Russia has adopted a sweeping new law criminalising assistance to or cooperation with a range of international bodies, including the International Criminal Court, ad hoc tribunals, foreign courts and arguably even the UN Human Rights Council itself. This law is manifestly incompatible with the right to communicate and cooperate with international bodies, and a flagrant and institutionalised case of reprisal. With Russian authorities having been found by a UN-mandated Commission of Inquiry to be possibly responsible for crimes against humanity and war crimes, and having a closed and highly repressive environment for civil society (ranking 17/100 in the CIVICUS Monitor), Russia is plainly unfit to be elected to the UN Human Rights Council and should be regarded as an illegitimate candidate. States should support and cooperate with the mandate of the new Special Rapporteur on the human rights situation in Russia, as well as with the Commission of Inquiry into human rights violations and abuses associated with Russia’s illegal war of aggression against Ukraine.

Sudan

Since the beginning of the war in Sudan on 15 April 2023, increasing numbers of Sudanese WHRDs are receiving threats and subject to grave danger. WHRDs are facing challenges in evacuating from Sudan and face further protection risks in neighboring countries. Sudanese women groups and WHRDs are risking their lives to provide support, solidarity, and report on the rising numbers of sexual and gender-based violence crimes. Many survivors are trapped in fighting areas unable to access support, and the occupation of hospitals by RSF is hindering women’s access to health services. The Council must urgently establish an international investigation in Sudan with sufficient resources, including to investigate the threats and reprisals against WHRDs for their work, and to document sexual and gender-based violence. During the debate with the High Commissioner and designated expert on Sudan on 19 June, we urge States to condemn sexual and gender-based violence (SGBV). States should highlight the impacts of the war on women and girls, including sexual and reproductive health as well as lack of support services for survivors of SGBV. States should reaffirm the importance of participation of women and their demands, and amplify the critical work of WHRDs on the ground despite the imminent risks to their lives and safety. States should also condemn the increasing threats against WHRDs and demand their effective protection.

Venezuela

On 5 July, the High Commissioner will present his report on the human rights situation in Venezuela, which will include an assessment of the level of implementation of UN recommendations already made to the State. The Council focus on Venezuela remains critical at a time when some States’ efforts to normalize relations with Venezuela risk erasing human rights from key agendas. Council members and observers should actively engage in the interactive dialogue with the High Commissioner to make evident that the human rights situation in the country remains at the heart of their concerns. The human rights and humanitarian situation in the country remains grave. Human rights defenders face ongoing and potentially increasing restrictions. We urge States to:

  • Express concern about the NGO bill, sitting with the Venezuelan National Assembly, and call for it to be withdrawn. The potential implications of this bill are to drastically shrink civic space, including by criminalising the work of human rights defenders;
  • Call for the release of all those detained arbitrarily – including defender Javier Tarazona who has been held since July 2021 and whose state of health is deteriorating;
  • Call for the rights of human rights defenders and journalists to be respected including during electoral periods, with a mind to Presidential elections next year; and
  • Call on Venezuela to engage fully with all UN agencies and mechanisms, including OHCHR, and develop a clear plan for the implementation of UN human rights recommendations made to it.

Tunisia

Civil society organisations have raised alarm at the escalating pattern of human rights violations and the rapidly worsening situation in Tunisia following President Kais Saied’s power grab on 25 July 2021 leading to the erosion of the rule of law, attacks on the independence of the judiciary, a crackdown on peaceful political opposition and abusive use of “counter-terrorism” law, as well as attacks on freedom of expression. The High Commissioner has addressed the deteriorating situation in the three latest global updates to the HRC. Special Procedures issued at least 8 communications in less than one year addressing attacks against the independence of the judiciary, as well as attacks against freedom of expression and assembly. Despite the fact that in 2011 Tunisia extended a standing invitation to all UN Special Procedures, and received 16 visits by UN Special Procedures since, Tunisia’s recent postponement of the visit of the Special Rapporteur on the independence of judges and lawyers, is another sign of Tunisia disengaging from international human rights mechanisms and declining levels of cooperation. The upcoming session provides a window of opportunity for the Council to exercise its prevention mandate and address the situation before the imminent risk of closure of civic space in Tunisia and regress in Tunisia’s engagement with the HRC and its mechanisms is complete.  

Syria

On 5 July, the Council will hold an interactive dialogue with the Commission of Inquiry on Syria. In a report to the Human Rights Council in 2021, the Commission of Inquiry on Syria called for the establishment of a mechanism to reveal the fate of the missing and disappeared. On 28 March 2023, during the 77th session of the UN General Assembly, the Secretary-General and UN High Commissioner for Human Rights briefed UN Member States on the situation of the missing in Syria, and the findings of the study conducted by the Secretary-General as mandated by Resolution UNGA 76/228. The study concluded that in order to address the situation of the missing in Syria and its impact on families’ lives, it is necessary to create an institution to reveal the fate and whereabouts of the disappeared and to provide support to their families. As discussions are taking place in the UNGA to adopt a resolution establishing a humanitarian institution to reveal the fate and whereabouts of the disappeared, civil society, led by the Truth and Justice Charter, urges States to support the families of the missing to know the truth about the fate and whereabouts of their loved ones by voting in favour of the resolution at the UNGA.

Other country situations

The High Commissioner will present the annual report on 19 June. The Council will hold an interactive dialogue on the High Commissioner’s annual report on 20 June 2023. The Council will hold debates 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 Eritrea
  • Interactive Dialogues with the High Commissioner and the Special Rapporteur on Myanmar
  • Interactive Dialogue with the Special Rapporteur on Burundi
  • Interactive Dialogue with the High Commissioner on Ukraine
  • Interactive Dialogue with the Special Rapporteur on Belarus
  • Interactive Dialogue with the Fact-Finding Mission on Iran
  • Interactive Dialogue with the Independent Expert on Central African Republic

Appointment of mandate holders

The President of the Human Rights Council has proposed candidates for the following mandates:

  1. Special Rapporteur on minority issues (Mr Nicolas Levrat, Switzerland)
  2. Special Rapporteur on the human rights of migrants (Ms Anna Triandafyllidou, Greece)
  3. Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism (Mr Ben Saul, Australia).

Resolutions to be presented to the Council’s 53rd session

At the organisational meeting on 5 June the following resolutions (selected) were announced (States leading the resolution in brackets):

  1. Human rights situation in Syria (Germany, France, Italy, Jordan, Netherlands, Qatar, Turkey, USA, UK)
  2. New and emerging digital technologies and human rights (Austria, Brazil, Denmark, South Korea, Morocco, Singapore)
  3. Civil society space (Chile, Ireland, Japan, Sierra Leone, Tunisia)
  4. Independence and impartiality of the judiciary, jurors and assessors, and the independence of lawyers – mandate renewal (Australia, Botswana, Hungary, Maldives, Mexico, Thailand)
  5. Human rights of migrants (Mexico)
  6. Mandate of the Special Rapporteur on the situation of human rights in Belarus – mandate renewal (EU)
  7. Mandate of the Special Rapporteur on the human rights situation in Eritrea – mandate renewal (EU)
  8. Business and human rights – mandate renewal (Russian Federation, Ghana, Argentina and Switzerland)
  9. Extrajudicial, summary or arbitrary executions – mandate renewal (Finland, Sweden)
  10. Situation of human rights of Rohiynga muslims and other minorities in Myanmar (Pakistan on behalf of OIC)

Adoption of Universal Periodic Review (UPR) reports

During this session, the Council will adopt the UPR working group reports on Argentina, Benin, Czechia, Gabon, Ghana, Guatemala, Japan, Pakistan, Peru, Republic of Korea, Sri Lanka, Switzerland and Zambia.

Panel discussions

During each Council session, panel discussions are held to provide member States and NGOs with opportunities to hear from subject-matter experts and raise questions. 5 panel discussions are scheduled for this upcoming session:

  1. Panel discussion on the measures necessary to find durable solutions to the Rohingya crisis and to end all forms of human rights violations and abuses against Rohingya Muslims and other minorities in Myanmar
  2. Annual full-day discussion on the human rights of women [accessible panel]. Theme: Gender-based violence against women and girls in public and political life
  3. Annual full-day discussion on the human rights of women [accessible panel]. Theme: Social protection: women’s participation and leadership
  4. Annual panel discussion on the adverse impacts of climate change on human rights [accessible panel]. Theme: Adverse impact of climate change on the full realisation of the right to food
  5. Panel discussion on the role of digital, media and information literacy in the promotion and enjoyment of the right to freedom of opinion and expression [accessible panel]

https://ishr.ch/latest-updates/hrc53-key-issues-on-agenda-of-june-2023-session-of-the-human-rights-council/

https://www.reuters.com/world/asia-pacific/un-rights-chief-seeks-establish-presence-china-india-2023-06-19/

ISHR documents cases of reprisals in 23 countries for UN Submission

May 12, 2023

On 17 April 2023, ISHR sent its annual submission to the report of the UN Secretary-General on reprisals and intimidation against defenders engaging or seeking to engage with the UN and its human rights mechanisms. The submission presents a disturbing pattern of intimidation and reprisals in 23 countries.

ISHR’s annual submission to the report of the UN Secretary-General on reprisals demonstrates the need for the UN and States to do more to prevent and ensure accountability for intimidation and reprisals against human rights defenders and others cooperating or seeking to cooperate with the UN and its human rights mechanisms. ISHR’s submission outlines developments in the international human rights system, and documents a number of new cases, as well as follow-up on previously submitted cases.

“In order for the international human rights system to function to its fullest potential, human rights defenders must be able to share crucial information and perspectives, safely and unhindered. However, many defenders still face unacceptable risks and are unable to cooperate safely with the UN.” Madeleine Sinclair, New York Office Co-Director and Legal Counsel. “The vast majority of cases remain unresolved year after year. More must be done to ensure the efforts to document and address reprisals cases also include sustained and consistent follow up. Otherwise, the cost of carrying out reprisals remains too low, impunity reigns and perpetrators are further emboldened“.

The submission presents a disturbing pattern of intimidation and reprisals in 23 countries, with the addition this year of Algeria and France. Cases of reprisals featured in the submission range from States defaming and stigmatising defenders, to criminalising their work, but also to arbitrarily detaining, arresting and killing them. 

  • In Israel, Palestinian defenders face ongoing intimidation and repression as reprisals for their cooperation with UN human rights mechanisms.
  • In Bahrain, the situation still shows no signs of improving, with human rights defenders continuing to be arbitrarily detained and denied timely and adequate medical treatment by the government.
  • In Algeria, Andorra, Cameroon and India defenders continue to be criminalised.
  • In China defenders are still facing online surveillance, harassment and enforced disappearance.
  • In Egypt, the United Arab Emirates, Venezuela and Yemen many more defenders face arbitrary detention, ill-treatment and criminalisation.  

Other cases of reprisals include threats, harassment, hate speech, surveillance, property damage, disbarment, death threats, travel bans, enforced disappearances, unjustified raids, dissolution of associations, judicial harassment, smear campaigns, forced deportations, confiscation of travel documents, red tagging, denial of healthcare and family visits as well as accusations of terrorism, among others. Other countries cited in the report include cases in the Andorra, Bahamas, Bangladesh, Burundi, Djibouti, Equatorial Guinea, France, The Maldives, Morocco, Nicaragua, The Philippines, Russia, and Thailand.

ISHR also submitted follow-up information on a large number of cases, demonstrating that incidents of reprisals and intimidation are very rarely, if ever, adequately resolved.

This year, ISHR is running again its #EndReprisals campaign. The campaign will raise the profile of 6 cases (all included in the submission) and seek to achieve a more sustained attention on the issue of reprisals and follow-up of the cases throughout the UN system. In particular, we want the UN Secretary General to include all the reprisal and intimidation cases in his upcoming report and UN member States to use the opportunity of the interactive dialogue at the Human Rights Council on the Secretary-General’s report in September, as well as Item 5 debates at all sessions, to raise specific cases and hold their peers accountable. 

Read the report