Posts Tagged ‘reprisals’

50th session Human Rights Council: issues directly affecting Human Rights Defenders

June 22, 2022

A bit belatedly this overview for the 50th session:

The 50th session of the UN Human Rights Council, from 13 June to 8 July 2022, will consider issues including sexual orientation and gender identity, violence and discrimination against women and girls, poverty, peaceful assembly and association, and freedom of expression, among others. It will also present an opportunity to address grave human rights situations including in Afghanistan, Belarus, China, Eritrea, Israel and OPT, Russia, Sudan, Syria and Venezuela, among many others. With “HRC50 | Key issues on agenda of June 2022 session” the ISHR provided again its indispensable guide. Here’s an overview of some of the key issues on the agenda that are the most relevant to HRDs [see also: https://humanrightsdefenders.blog/2022/02/21/guide-to-49th-session-of-human-rights-council-with-human-rights-defenders-focus/ and https://humanrightsdefenders.blog/2022/04/15/results-49th-session-human-rights-council-as-seen-by-ngos/

Thematic areas of interest

Here are some highlights of the session’s thematic discussions

Business and human rights

Despite their vital work to protect the environment and combat climate change, Indigenous peoples as well as land and environmental defenders continue to be attacked. New data shows an alarming pattern of violence and harassment as a precursor to lethal attacks against defenders.

In 2020, Global Witness registered the killings of 137 land and environmental defenders in just five of the most dangerous countries for them: Colombia, Guatemala, Kenya, Mexico and the Philippines. However, a new dataset from the ALLIED Data Working Group, a coalition in which ISHR takes part, focused on these countries has for the first time documented what is often hidden – the non-lethal attacks, including threats, harassment, smear campaigns and stigmatisation that are a precursor to the shocking number of deaths we see each year.

The findings highlight the urgent need for States to monitor, collect data, report on the situation of these defenders, and address the root causes of attacks against them. ISHR urges all States to make a commitment to the systematic monitoring of attacks on indigenous, land and environmental defenders in their countries, and to take stronger action, together with civil society and relevant UN Special Procedures, to address the root causes of attacks in the debate with the Working Group due to take place on 21 June 2022.

Reprisals

Reports of cases of intimidation and reprisal against those cooperating or seeking to cooperate with the UN not only continue, but grow. Intimidation and reprisals violate the rights of the individuals concerned, they constitute violations of international human rights law, and they undermine the UN human rights system.

The UN has taken action towards addressing this critical issue, including:

Requesting that the Secretary General prepare an annual report on cases and trends of reprisals;
Establishing a dedicated dialogue under item 5 to take place every September;
Affirmation by the Council of the particular responsibilities of its Members, President and Vice-Presidents to investigate and promote accountability for reprisals and intimidation; and
The appointment of the UN Assistant Secretary General on Human Rights as the Senior Official on addressing reprisals.

Despite this, ISHR remains deeply concerned about reprisals against civil society actors who try to engage with UN mechanisms, and consistent in its calls for all States and the Council to do more to address the situation.

During the 48th session, the Council adopted a resolution on reprisals. The text was adopted by consensus for the first time since 2009 and invites the UN Secretary General to submit his annual report on reprisals and intimidation to the UN General Assembly. Once again the resolution listed key trends, including that acts of intimidation and reprisals can signal patterns, increasing self-censorship, and the use of national security arguments and counter-terrorism strategies by States as justification for blocking access to the UN. The resolution also acknowledged the specific risks to individuals in vulnerable situations or belonging to marginalised groups, and called on the UN to implement gender-responsive policies to end reprisals. The Council called on States to combat impunity by conducting prompt, impartial and independent investigations and ensuring accountability for all acts of intimidation or reprisal, both online and offline, by condemning all such acts publicly, providing access to effective remedies for victims, and preventing any recurrence.

Item 5 of the Human Rights Council’s agenda provides a key opportunity for States to raise concerns about specific cases of reprisals, and for governments involved in existing cases to provide an update to the Council on any investigation or action taken toward accountability. The President should also update the Council on actions taken by the President and Bureau to follow up on cases and promote accountability under this item.

Due to the lack of a general debate under item 5 at HRC 50, ISHR encourages States to raise concerns about specific cases of reprisals during the interactive dialogues on the relevant countries on the agenda at this session or in the context of thematic interactive dialogues where relevant.

During the organisational meeting held on 30 May, the President of the Council stressed the importance of ensuring the safety of those participating in the Council’s work, and the obligation of States to prevent intimidation or reprisals.

In line with previous calls, ISHR expects the President of the Human Rights Council to publicly identify and denounce specific instances of reprisals by issuing formal statements, conducting press-briefings, corresponding directly with the State concerned, publicly releasing such correspondence with States involved, and insisting on undertakings from the State concerned to investigate, hold perpetrators accountable and report back to the Council on action taken.

Sexual orientation and gender identity

The mandate of the Independent Expert on violence and discrimination on the basis of sexual orientation and gender identity is up for renewal for the second time at this session. We will be following this closely and call on all States to support the mandate and contribute to the Council’s efforts to combat violence and discrimination on the basis of sexual orientation and gender identity.

Other thematic reports

At this 50th 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 interactive dialogues with:

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 of everyone to the enjoyment of the highest attainable standard of physical and mental health
The Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
The Special Rapporteur on the right to education
The Independent Expert on human rights and international solidarity
The Special Rapporteur on extrajudicial, summary of arbitrary executions
The Special Rapporteur on extreme poverty and human rights
The Special Rapporteur on promotion and protection of human rights in the context of climate change
The Working Group on the issue of human rights and transnational corporations and other business enterprises
The Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance
The High Commissioner on State responses to pandemics

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

The Special Rapporteur on the rights of internally displaced persons
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 the elimination of discrimination against persons affected by leprosy and their family members
The Special Rapporteur on independence of judges and lawyers

Country-specific developments

Afghanistan

Together with WHRDs from the country and civil society organisations from all regions, ISHR calls on States to lead and support an Urgent Debate at HRC50 on women’s rights in Afghanistan.

Since August 2021, when the Taliban took control of the country, there has been an enormous deterioration in the recognition and protection of the rights of women and girls in Afghanistan, including with respect to the rights to non-discrimination, education, work, public participation, health, and sexual and reproductive health. The Taliban has also imposed sweeping restrictions on the rights to freedom of expression, association, assembly and movement for women and girls. Afghanistan is now the only country in the world to expressly prohibit girls’ education.

The world’s worst women’s rights crisis demands a response and it would be unacceptable for the June session of the HRC, traditionally the session focused on gender-related issues, to pass without some meaningful action on the issue. I

The Council will hold an interactive dialogue with the High Commissioner on the update on Afghanistan on 15 June 2022.

China

The High Commissioner’s visit to China failed to adequately address widespread and systematic violations in the country, express solidarity with victims and defenders, or pave the way for meaningful monitoring of China’s human rights crisis across the Uyghur and Tibetan regions, Hong Kong and mainland China. The High Commissioner’s end of mission statement failed to address strong, specific concerns or make substantive, concrete recommendations to the governmen. The broad concerns issued in a light language do not match the scope and gravity of human rights violations across the country that have been thoroughly documented by UN experts and civil society and that could amount to crimes against humanity and genocide.

States should call on the High Commissioner to immediately publish her OHCHR report on the Uyghur region, with clear, compelling recommendations to the government, and present her findings in a briefing to the Human Rights Council. The High Commissioner should also ensure that the established annual meeting and working group for dialogue with the authorities are of public nature, include specific substantive recommendations to the government, and involve substantial consultation with a diverse set of independent civil society groups. China should also follow suit on promises for subsequent visits by the OHCHR by granting prompt unfettered access to Hong Kong and the Tibetan region. See also: https://humanrightsdefenders.blog/2022/06/09/disappointment-with-un-high-commissioners-visit-to-xinjiang-boils-over/

Burundi

The Commission of Inquiry on Burundi (CoI) concluded its work at the 48th HRC session in October 2021 while a new resolution establishing a mandate of UN Special Rapporteur on Burundi was adopted, resolution 48/16. The resolution tasks the mandate with monitoring the human rights situation in the country, making recommendations for its improvement, and reporting to the Human Rights Council. During the 50th HRC session, the newly nominated Special Rapporteur on Burundi will present their first oral update on 29 June 2022.

Egypt

Notwithstanding the launch of a national human rights strategy, the fundamental purpose of which is to deflect international scrutiny rather than advance human rights, there has been no significant improvement in the human rights situation in Egypt since the joint statement delivered by States in March 2021 at HRC46. Emblematic recent examples include: Ayman Hadhoud’s death in the custody of Egyptian security forces following his enforced disappearance over two months ago and the execution of seven people in Egypt on 8 and 10 March 2022 following trials in which the defendants were forcibly disappeared, tortured, and denied their right to a lawyer.

In response to the Egyptian President’s announcement of “reactivating the work of the Presidential Pardon Committee” on 26 April 2022, Egyptian human rights organisations submitted a proposal for a fair and transparent process to release political prisoners in Egypt. Yet, recent harsh sentences in unfair trials against peaceful critics demonstrate further the lack of political will of the Egyptian authorities to address the crisis of arbitrary detention in Egypt. ISHR joined 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.

Israel and oPT

This session, the COI on the oPt and Israel established in 2021 will present its first report to the HRC. Civil society from around the world had welcomed the historic resolution establishing the standing Commission of Inquiry to address Israel’s latest and ongoing violations against the Palestinian people on both sides of the Green Line, while also addressing the root causes of Israel’s settler colonialism and apartheid. The interactive dialogue with the CoI comes in the context of mounting recognition of Israel’s establishment and maintenance of an apartheid regime by Israel over the Palestinian people as a whole. During HRC49, the SR on the oPT called on the international community to accept and adopt his findings as well as the “findings by Palestinian, Israeli and international human rights organisations that apartheid is being practised by Israel in the occupied Palestinian territory and beyond.” In its 2019 concluding observations, the Committee on the Elimination of Racial Discrimination found that Israel’s policies violated Article 3 of ICERD pertaining to segregation and apartheid on both sides of the Green Line. In 2022, the Human Rights Committee concluding observations on Israel emphasized the “pre-existing systematic and structural discrimination against non-Jews”.

While some States continue to seek to undermine the mandate of the CoI and effective accountability mechanisms to put an end to Israel’s apartheid regime, CSOs support the CoI’s methodological approach to fulfill its vital mandate. We call on States to engage with the substance of the mandate of the CoI during the interactive dialogue, express support for this important accountability mechanism and ensure it has sufficient resources to discharge its mandate.

Russia

Together with a coalition of international and regional NGOs, as well as numerous Russian civil society organisations, ISHR urges the Council to establish an independent international monitoring and reporting mechanism on Russia. In the context of the systematic repression of civil society organisations, severe restrictions on press freedoms and independent media, severe restrictions and criminalisation of many forms of free expression, association, assembly and peaceful protest, and the propagation of huge volumes of misinformation, a Special Rapporteur is necessary to ensure that the international community receives vital information about the human rights situation on the ground.

Sudan

The Council will hold a debate with the High Commissioner and Expert on Sudan on 15 June 2022.

The Sudanese Women Rights Action documented from March to April 2022 the violations against women protesters, including arrests, injuries, and sexual violence. Their report also highlighted the economic and humanitarian situation in conflict areas and in the country in general. The report shows that “the coup leaders are using increasing violence against women protesters, including arrests, fabricated charges, direct lethal violence in protests, and sexual violence. The civic space is shrinking across Sudan, where human rights groups and WHRDs are not able to work freely and safely. Surveillance on internet, communication, movement, and offices of many groups led them to work from underground. The economic conditions and the fragile political situation is increasing women insecurity, as the peace process failed to end violence conflict areas. Women in Sudan are living in constant fear of violence with growing threats of the collapse of the state.”

In light of this context, ISHR urges all States to support the adoption of a resolution that ensures continued attention to Sudan’s human rights situation through enhanced interactive dialogues at the Council’s 52nd and 53rd regular sessions. While the Expert’s mandate is ongoing, a resolution is required for the Council to hold public debates and continue to formally discuss the situation. A resolution at the Council’s 50th session would operationalise resolution S-32/1, which in its operative paragraph 19 called upon “the High Commissioner and the designated Expert to monitor human rights violations and abuses and to continue to bring information thereon to the attention of the Human Rights Council, and to advise on the further steps that may be needed if the situation continues to deteriorate.”

Venezuela

On 29 June, the Council will hold an interactive dialogue with the High Commissioner on her report on the situation of human rights in Venezuela. The Council requested her to provide in this report a detailed assessment of the implementation of the recommendations made in her previous reports. Implementation of recommendations and improvements in the human rights situation on the ground remains a critical question as HRC mandates for OHCHR and the international investigative body for Venezuela expire in September. Venezuelan civil society groups continue to show evidence of a lack of any substantive human rights reform in the country, of a lack of meaningful cooperation by the State and – in fact – of regression in key areas such as judicial independence and civic space. ISHR urges States at the upcoming session to express support for the work of OHCHR in the country, and encourage the Office to speak clearly to realities on the ground. In addition, States should signal their support for the continuance of the work of the HRC’s fact-finding mission to the country through an extension of the Mission’s mandate at HRC51.

The adoption of the report of the third cycle UPR on Venezuela will also take place on the 29 June or 1 July.

Other country situations

The Council will hold an interactive dialogue on the High Commissioner’s annual report on 14 June 2022. 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 Special Rapporteur on Myanmar
Interactive Dialogue with the High Commissioner on Nicaragua
Interactive Dialogues with the High Commissioner on Ukraine
Interactive Dialogue with the Commission of Inquiry on Syria
Interactive Dialogue with the International commission of Human Rights Experts on Ethiopia
Interactive Dialogue with the Special Rapporteur on Belarus
Interactive Dialogue with the Independent Fact-Finding Mission on Libya
Interactive Dialogue with the Independent Expert on Central African Republic

Council programme, appointments and resolutions

The President of the Human Rights Council will propose candidates for the following mandates:

Special Rapporteur on freedom of religion or belief
Special Rapporteur on the right to education
Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea
Working Group on the issue of human rights and transnational corporations and other business enterprises, member from African States
Expert Mechanism on the Right to Development, member from Latin American and Caribbean States
Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
Working Group on Enforced or Involuntary Disappearances, member from Eastern European States
Working Group on the issue of human rights and transnational corporations and other business enterprises, member from Western European and other States

Resolutions to be presented to the Council’s 50th session

At the organizational meeting on 30 May the following resolutions were announced (States leading the resolution in brackets):

Elimination of discrimination against women (Mexico), mandate renewal
Freedom of expression (Brazil, Canada, Fiji, Sweden, Namibia, Netherlands)
Elimination of female genital mutilation (Africa Group)
Rights to freedom of peaceful assembly and of association (Czech Republic, Indonesia, Lithuania, Maldives, Mexico), mandate renewal
Human rights situation in Sudan (United Kingdom, Germany, Norway, United States)
Human rights situation in Syria (Germany, France, Italy, Jordan, Kuwait, Netherlands, Qatar, Turkey, United States, United Kingdom)
Mandate of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity (Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico, Uruguay), mandate renewal
Casualty recording and the promotion and protection of human rights (Liechtenstein, Croatia, Costa Rica, Sierra Leone)
Human rights and climate change (Bangladesh, Philippines, Viet Nam)
Access to medicines and vaccines in the context of the right of everyone to the enjoyment of the highest attainable standard of physical and mental health (Brazil, China, Egypt, India, Indonesia, Senegal, South Africa, Thailand)
Enhancement of international cooperation in the field of human rights (NAM)
Independence and impartiality of the judiciary, jurors and assessors, and the independence of lawyers (Hungary, Australia, Botswana, Maldives, Mexico, Thailand)
Human rights and the regulation of civilian acquisition, possession and use of firearms (Ecuador, Peru)
Human rights in Belarus, mandate renewal (European Union)
Human rights in Eritrea, mandate renewal (European Union)
The promotion and protection of human rights in the context of peaceful protest (Switzerland, Costa Rica)
Situation of human rights of Rohingya Muslims and other minorities in Myanmar (OIC)
Accelerating efforts to eliminate all forms of violence against women (Canada), mandate renewal
Mandate of the Special Rapporteur on the human rights of internally displaced persons (Austria, Honduras, Uganda), mandate renewal
Human rights and international solidarity (Cuba)
Social Forum (Cuba)

Read the calendar here.

Adoption of Universal Periodic Review (UPR) reports

During this session, the Council will adopt the UPR working group reports on Myanmar, Togo, Syrian Arab Republic, Iceland, Venezuela, Zimbabwe, Lithuania, Uganda, Timor-Leste, Republic of Moldova, South Sudan, Haiti and Sudan.

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. Seven panel discussions are scheduled for this upcoming session:

Panel discussion on the root causes of human rights violations and abuses against Rohingya Muslims and other minorities in Myanmar
Panel discussion on menstrual hygiene management, human rights and gender equality
Panel discussion on good governance in the promotion and protection of human rights during and after the COVID-19 pandemic
Annual full-day discussion on the human rights of women
Panel discussion on the adverse impact of climate change on the full and effective enjoyment of human rights by people in vulnerable situations
High-level panel discussion on countering the negative impact of disinformation on the enjoyment and realization of human rights
Annual thematic panel discussion on technical cooperation and capacity-building

Stay up-to-date: Follow @ISHRglobal and #HRC50 on Twitter, and look out for its Human Rights Council Monitor. During the session, follow the live-updated programme of work on Sched.

https://ishr.ch/latest-updates/hrc50-key-issues-on-agenda-of-june-2022-session/

Posted in Human Rights Council, Human Rights Defenders, ISHR, OHCHR | Leave a Comment »
Tags: 50th session Human Rights Council, Afghanistan, Burundi, Business and human rights, China, Egypt, Human Rights Defenders, human rights of women, ISHR, Israeli-occupied territories, reprisals, Russia, Sexual orientation, Sudan, Venezuela

UN and NGOs denounce ODHIKAR’s deregistration in Bangladesh

June 16, 2022

The Office of the United Nations High Commissioner for Human Rights and 11 international and regional rights organisations have demanded that the government must immediately cancel its decision to deregister rights organisation Odhikar and allow the rights organisation to function without fear of reprisal.

Ravina Shamdasani, spokesperson for the UN High Commissioner for Human Rights, said in a press briefing in Geneva statement on Friday, ‘We are concerned by the Government of Bangladesh’s decision not to approve the renewal of registration for Odhikar, a prominent and respected human rights organisation in the country’.

She said, ‘We urge the government to immediately reconsider this decision, and to ensure that Odhikar has the ability to seek full judicial review of any such determination. We are further concerned that this decision will have a chilling effect on the ability of civil society organisations to report serious human rights violations to UN human rights mechanisms.’

Odhikar has documented and reported on rights violations for many years to the Office of the UN High Commissioner for Human Rights, UN Special Procedures mandate holders and human rights treaty bodies, she mentioned in the briefing available on the website of the UN body.

Intimidation and reprisals against Odhikar have been documented since 2013, and appear to have intensified, with accusations of ‘anti-state’ and ‘anti-government’ activities, she added.

‘There has been increased surveillance of its activities in recent months. The UN Secretary-General has also raised concerns about reprisals against Odhikar over the past decade for cooperating with the UN,’ she said.

On June 5, 2022, the bureau sent a letter to Odhikar, denying its application for renewal of registration. Odhikar’s application for renewal of its registration with the NGO Affairs Bureau under the Prime Minister’s Office has been pending since 2014, she said, adding that Odhikar’s bank account was also frozen in 2014. ‘We call for Odhikar to be permitted access to its banked funds pending reconsideration of the renewal application,’ said the UN official.

Eleven international and regional human rights organisations, meanwhile, in a joint statement called on the government to immediately reverse the decision to deregister Odhikar.

‘Human rights defenders should be allowed to conduct their work without fear of reprisals, intimidation, and harassment from the authorities,’ read the statement issued by Human Rights Watch, Amnesty International, Anti-Death Penalty Asia Network, Asian Federation Against Involuntary Disappearances, Capital Punishment Justice Project, Elios Justice at Monash University, Human Rights First, International Coalition Against Enforced Disappearance, International Federation for Human Rights, within the framework of the Observatory for the Protection of Human Rights Defenders, Robert F Kennedy Human Rights and World Organisation Against Torture. {See also: https://humanrightsdefenders.blog/2022/03/17/un-experts-urge-bangladesh-to-end-reprisals-against-human-rights-defenders/]

The rights organisation in the statement said this latest development appeared to be part of a pattern of reprisals by the government against human rights organisations groups and defenders following the US sanctions against the Rapid Action Battalion on December 10, 2021. [See https://humanrightsdefenders.blog/2022/03/21/bangladesh-sanctions-seem-to-work/]

On 14 June 2022 Forum Asia in a strong statement said: FORUM-ASIA expresses its solidarity with Odhikar and calls on the Bangladeshi authorities to immediately recall the decision of rejecting Odhikar’s renewal application thereby ensuring it to carry on their human rights work. FORUM-ASIA reiterates its earlier call to repeal the Foreign Donation (Voluntary Activities) Regulation Act, 2016 as it imposes restrictions on civil society organisations’ ability to access resources.

The same day, the Asian Human Rights Commission (AHRC) and CIVICUS: World Alliance for Citizen Participation said they “are extremely alarmed by the decision of the government to arbitrarily revoke the registration of Odhikar, a leading human rights organisation in Bangladesh. This move is another blow to civil society and human rights defenders who have been facing systematic repression by the Sheikh Hasina regime.“

http://www.humanrights.asia/opinions/AHRC-ETC-004-2022/

https://www.newagebd.net/article/172898/un-11-intl-orgs-slam-odhikar-deregistration

Posted in human rights, Human Rights Defenders, OHCHR | 1 Comment »
Tags: AHRC, Bangladesh, CIVICUS, Forum Asia, freedom of association, funding restrictions, NGOs, Odhikar, Office of the High Commissioner for Human Rights, registration, reprisals

Sudan: providing information against sexual violence to the UN equals “leaking state secrets”

April 26, 2022

Mat Nashed in Al-Jazeera of 18 April 2022 reports how Sulima Ishaq’s work against sexual violence is now being used against her.

On March 28, Volker Perthes told the United Nations’ Security Council that Sudanese government forces had raped 16 female protesters since last December’s anti-coup protests. He added that as UN envoy for Sudan, he was working with the Combating Violence Against Women (CVAW) Unit under the Ministry of Social Affairs and civil society to mitigate sexual violence in the country.

The next week, Sulima Ishaq, head of the unit, was interrogated by security services. Her lawyers say she is being investigated for accusations of “leaking state secrets” to the UN envoy under Article 47 of the country’s criminal act.

“The information I gave to the [UN] had already been broadcasted on television channels and media outlets,” Ishaq, who is now worried that she’ll go to prison on trumped-up charges, told Al Jazeera over the phone. “But because the information was presented to the Security Council and the [coup forces] are afraid of getting sanctioned, they are [targeting] me now.”

In March, a Khartoum office – belonging to a commission investigating a June 3, 2019 incident in which security forces reportedly murdered at least 120 people to break up a sit-in – was raided by security forces.

According to Emma DiNapoli, a legal officer focusing on Sudan for Redress, a London-based non-profit advocating an end to torture worldwide, activists cooperating with the organisation have recently reported more security officers stalking them outside their homes. In some cases, this has resulted in unlawful arrests.

“None of our partners has had arrest warrants issued against them, but I think there is a general sentiment that there is higher surveillance,” DiNapoli told Al Jazeera. “Even if they are not really being surveilled, [the arrests] are having a chilling effect.”

However, experts and rights groups say Ishaq’s case represents an escalation of a broader campaign to intimidate activists and put human rights defenders on high alert.

Kholood Khair, manager of Khartoum-based think-tank Insight Strategy Partners, told Al Jazeera that the coup government is trying to make an example out of Ishaq. The authorities, she said, are particularly irked since Ishaq is a civil servant, which gives her allegations more credibility in the eyes of the international community.

In Sudan, rape victims are traditionally harassed by the public and even punished by the police, so the number of people coming forward to Ishaq was seen as a big deal, Khair explained.

“Sulima was trying to highlight that rape is a weapon of war and a weapon of repression and the number of cases [documented] shows that it is a state tactic … not a case of just individual rapists,” she said.

Mohamed Osman, Sudan researcher at Human Rights Watch (HRW), said activists have always feared that they could be targeted for documenting human rights violations against protesters. He cited the recent arrests of journalists, lawyers and doctors who appear to have been targeted for tracking unlawful arrests and killings in the country.

But the targeting of a high-profile person like Ishaq suggests that security forces are even more sensitive to scrutiny following the United States’ decision to impose sanctions on the Central Reserve Police last month, said Osman. The US cited the unit’s excessive force against protesters – including the use of live ammunition – as the reason for the decision.

Ishaq told Al Jazeera that she wished the UN envoy had been more subtle by not mentioning her unit at the Security Council meeting, given the level of repression in Sudan. “I feel that the way [the information] was stated was a little bit insensitive,” she said.

In response, Fadi Al Qadi, the spokesperson for the UN envoy, told Al Jazeera that “the special representative to the secretary-general did not name any individual in the Security Council as a source”.

And now, an atmosphere of fear is slowly enveloping the country, causing dissidents, activists and civil society to beef up personal security and take more precautions to protect themselves and sources from the eye of the authorities.

One of them is Nabil Adeeb, the septuagenarian human rights lawyer heading the investigation into the June 2019 massacre.

After government forces stormed the tribunal’s office, there were fears that evidence could be compromised and that the names of witnesses – who provided testimonies that possibly implicated specific security branches in the massacre – could be exposed.

“Our records are secure and we know that nobody would be able to access them, but we are concerned that if we resume our activities in the same place then we might expose the investigation to unwanted people since the office could be bugged,” he said.

Adeeb – who is also Ishaq’s lawyer – told Al Jazeera that she is currently being charged for defaming the security forces under Sudan’s cybercrime law, an accusation he believes has little merit.

He is concerned that Ishaq could still face more harassment and graver accusations for simply doing her job from the state, which should naturally be helping her instead. Ishaq too fears that the worst is yet to come.

”I think that I will be scapegoated to kick out Volker [from Sudan],” she said. “I will then be charged for jeopardising national security for providing [him] with sensitive information.”

https://www.aljazeera.com/features/2022/4/18/sudan-investigates-social-worker-fo-leaking-state-secrets-to-un

Posted in human rights, Human Rights Council, Human Rights Defenders, UN | Leave a Comment »
Tags: human rights monitoring, Nabil Adeeb, rape, reprisals, sexual violence, Special Rapporteur, Sudan, Sulima Ishaq, Volker Perthes

Clean energy will not automatically be good for indigenous land defenders

April 7, 2022

Emily Pontecorvo a reporter for GRIST published on 6 April 2022 a piece about a new report by the Business and Human Rights Resource Centre which states that the renewable energy sector is unprepared for the protection of land rights defenders.

In April of last year, José de Jesús Robledo Cruz and his wife Maria de Jesús Gomez Vega were found dead in the desert in Sonora, Mexico. In July, Fernando Vela, a doctor in Coqueta, Columbia, was shot to death by two men on a motorcycle while he was in his truck. In September, Juan Macababbad, an attorney in the Philippines was shot dead outside his home.

In each case, the victims were prominent human rights defenders, known in particular for defending their communities’ natural resources from mining, deforestation, water contamination, and other threats. These were just three of at least 76 such murders that occured in 2021. [see also: https://humanrightsdefenders.blog/2022/03/02/human-rights-high-commissioner-bachelet-urges-support-for-environmental-defenders/]

Business and Human Rights Resource Centre tracks attacks on people who protest or otherwise raise concerns about business-related human rights abuses. It has documented more than 3,800 attacks, including killings, death threats, beatings, arbitrary arrests and detention, and lawsuits, since January 2015, with 615 occurring in 2021 alone. [see also: https://humanrightsdefenders.blog/2021/09/13/global-witness-2020-the-worst-year-on-record-for-environmental-human-rights-defenders/ as well as: https://news.mongabay.com/2022/04/more-than-half-of-activists-killed-in-2021-were-land-environment-defenders/]

“Our data shows almost the tip of the iceberg,” Christen Dobson, senior program manager for the BHRRC and an author of the new report. “Many attacks are not publicly reported. And so we know the problem is much more severe than these figures indicate.”

According to the report, human rights defenders who spoke out against mining projects consistently experienced the greatest number of attacks over the past seven years. The authors say this is especially concerning considering the expansion of mineral production required by a transition to clean energy. All those batteries, solar panels, and wind turbines are going to require a lot of cobalt, nickel, zinc, lithium, and other minerals.

“We’re already seeing this level of attack, and we’re not seeing major producers of transition minerals have strong policies or practices in place about protecting defenders,” said Dobson. “There’s a real risk there and I think it’s an area that we’re very concerned about.”

…

The report urges investors to publish a human rights policy and require that companies begin disclosing human rights and environmental-related risks. But Dobson said that voluntary actions from companies and investors was not enough. She said there was some momentum building behind mandating that companies report on measures they are taking to respect human rights, including legislation proposed in the European Union and Canada.

“It is concerning to see a vast majority of companies and investors, including major renewable energy companies, do not have policies expressing zero-tolerance against reprisals in their operations, supply chains and business relationships,” said Dobson in a statement. “It’s time for companies and investors to recognise the energy transition cannot be effective if it is not also rights-respecting.”

https://grist.org/international/land-defenders-face-violence-and-repression-clean-energy-could-make-it-worse

Posted in books, human rights, Human Rights Defenders | 2 Comments »
Tags: Business and Human Rights Resource Centre, Christen Dobson, energy, Human Rights Defenders, Indigenous People, informed consent, killings, land rights defender, Mining, reprisals, resource extraction, right to clean environment

UN experts urge Bangladesh to end reprisals against human rights defenders

March 17, 2022

On 14 March 2022 a group of UN human rights experts today called on Bangladesh to immediately cease reprisals against human rights defenders and relatives of forcibly disappeared persons for their activism and co-operation with international human rights bodies and UN mechanisms.

Following the announcement of sanctions imposed by the United States of America against top Rapid Action Battalion (RAB) officials on 10 December 2021, Bangladeshi authorities have reportedly launched a campaign of threats, intimidation and harassment against relatives of forcibly disappeared persons, human rights defenders, and civil society actors. See also: https://humanrightsdefenders.blog/2014/05/12/bangladesh-chains-of-corruption-strangle-nation-asian-human-rights-commission/

In the period between December 2021 and February 2022, the homes of at least 10 relatives of forcibly disappeared individuals were reported to have been raided late at night.

“During the raids, relatives were intimidated, threatened and forced to either sign blank sheets of paper or pre-written statements indicating that their family member was not forcibly disappeared and that they had deliberately misled the police. This is unacceptable,” the experts observed.

The experts noted with concern the increasingly challenging situation relatives, human rights defenders and civil society are facing in Bangladesh. Repeated accusations by senior Government officials against some civil society organizations of providing “false information” to the UN mechanisms risk undermining the civil society’s key role.

“Bangladesh must ensure that relatives and human rights defenders are able to carry out their legitimate work in a safe and enabling environment without fear of threats, intimidation or reprisals of any kind,” the experts stressed. They expressed their concern that the reported reprisals may have a chilling effect and deter others from reporting on issues of public interest, including human rights, and from cooperating with the UN, its representatives and mechanisms.

Since 2009, the RAB has reportedly been involved in the perpetration of the majority of cases of enforced disappearance in the country, as noted in several reports by the UN Working Group on Enforced or Involuntary Disappearances.**

“Bangladeshi authorities are obliged under international law to promptly launch ex officio, independent, impartial and thorough investigations into these serious allegations, complemented by a thorough and comprehensive search for disappeared persons. At the same time, the RAB and other security agencies should not be shielded from scrutiny and criminal responsibility.”

The experts also reiterated their request to the Government of Bangladesh to take effective steps to protect and uphold the rights of victims and their families to truth, justice, reparation, and guarantees of non-recurrence.

On 17 March HRW stated that the Bangladesh government should meaningfully respond to United Nations concerns regarding grave allegations of torture, enforced disappearance, and extrajudicial killings in the country.

https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=28281&LangID=E

https://www.hrw.org/news/2022/03/17/bangladesh-stop-flouting-un-rights-concerns

Posted in HRW, human rights, Human Rights Council, Human Rights Defenders | 3 Comments »
Tags: Bangladesh, disappearances, HRW, Rapid Action Battalion (RAB), reprisals, special rapporteurs

Draft Resolution on Human Rights Defenders in 49th session of Human Rights Council gets support from civil society

March 4, 2022

On 4 March 2022 Forum Asia published an Open Letter to States on the Draft Resolution on Human Rights Defenders, which has been signed by an impressive number of NGOs:

“At its current session, the UN Human Rights Council will be discussing a draft resolution on human rights defenders operating in conflict and post-conflict situations. This is a useful and timely focus providing a means to give effect to a range of recommendations including those contained in the report of the Special Rapporteur on Human Rights Defenders in 2020.

It is important for the Council to adopt a resolution that reflects the gravity and the reality of the situation defenders face every day and is tailored to addressing the specific protection needs they face. Our organisations call on members of the UN Human Rights Council to ensure that the resolution adopted by the Council clearly:

Acknowledges the critical role of human rights defenders in conflict and post-conflict situations, including those who report on gross and systematic human rights violations or systematic targeted violations against particular populations and communities as these can serve to provide an early warning of escalating conflict;
Acknowledges the precariousness that human rights defenders can experience working in conflict and post-conflict situations due to the disruption to basic supplies and services and increased security risks, all of which compound the risks associated with defending human rights;
Recognises the intersectional dimensions of discrimination, violations and abuses against specific groups of human rights defenders, including women human rights defenders, indigenous peoples, people of African descent, children, people belonging to minorities, defenders working on issues related to sexual orientation, gender identity and expression, older persons and rural and marginalized communities, and calls on States to pay particular attention to the protection needs of different groups in conflict and post-conflict situations integrating an age and gender responsive approach;
Outlines the elements that constitute a safe and enabling environment and restates that States have the obligation to create and safeguard such an environment including in conflict and post-conflict situations;
Includes in that overview the need to urgently lift all undue restrictions on the rights to freedom of association and collective bargaining, peaceful assembly and expression, including restrictive ‘NGO Laws’, foreign agent and foreign funding laws, counter-terrorism laws, ‘fake news’ laws and those specifically targeting women and LGBTQ+ organizations and defenders;
Expresses deep concern at the invocation of countering terrorism and extremism as a justification to target, threaten, or limit the activities and access to funding sources of human rights defenders operating in conflict or post-conflict areas, both online and offline;
Stresses that the use of digital surveillance tools must be regulated to ensure they are not used for violating human rights, including by targeting human rights defenders or journalists, and that mobile networks and internet access must not be shut down;
Calls for the development of protection mechanisms and support for human rights defenders in such contexts in line with the best practice identified by the Special Rapporteur. These should address the fact that, in some cases, state and non-state actors orchestrate ways to make defenders appear to be supporting hostilities, and that attacks against defenders constitute “collateral damage” during hostilities;
Recognises that impunity and failure to protect and provide effective remedy prevails in several conflict and post-conflict situations, including in regard to attacks against human rights defenders, all of which can fuel further conflict;
Acknowledges the role of women human rights defenders and women peacebuilders in the prevention, in mediation and the resolution of conflicts, and recognizes the link between their involvement and the effectiveness and long-term sustainability of those efforts;
Recognizes that women human rights defenders are targeted for violence and subjected to intimidation and retaliation because of their efforts to ensure women’s rights, including sexual and reproductive health rights and for their demanding accountability for pervasive sexual violence and feminicides;
Calls on States to reaffirm the positive, important, and legitimate role played by child human rights defenders for the promotion of human rights in conflict and post-conflict situations, and the role of organisations advocating for the protection of the rights of older persons in these contexts;
Calls on States to act on their responsibility to protect against human rights abuses by non-State actors, including businesses, including in times of conflict when oversight of the operations of businesses can be weaker and human rights defenders can stand unprotected as they resist corporate abuse;
Calls on States to monitor and report on the implementation of this resolution in a comprehensive and systematic way and share updates on challenges faced and progress made during relevant UN dialogues and debates.

We ask States to actively support the drafting of a resolution that recognizes the essential work of human rights defenders operating in conflict and post-conflict situations, outlines means to ensure their work is enabled despite the situation of conflict and uncertainty that may prevail, and formulates concrete asks of States, companies and all other actors with the power to protect and promote the right to defend rights. We also call on States to resist efforts that undermine and weaken the resolution.”

Signed,

Access Now
African Centre for Democracy and Human Rights Studies (ACDHRS)
Al Mezan Centre for Human Rights
Al-Haq – Law in the Service of Man
Amnesty International
Amnesty International Norway
ARTICLE 19
Asian Forum for Human Rights and Development (FORUM-ASIA)
Association for Progressive Communications (APC)
Cairo Institute for Human Rights Studies (CIHRS)
Center for Reproductive Rights
Centro de Estudios Legales y Sociales (CELS)
Centro de Justicia y Paz – Cepaz
Centro para los Defensores y la Justicia (CDJ)
CIVICUS: World Alliance for Citizen Participation
Commonwealth Human Rights Initiative (CHRI)
DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
Egyptian Initiative for Personal Rights (EIPR)
Freedom House
FRI – The Norwegian Organisation for Sexual and Gender Diversity
Gulf Centre for Human Rights
Human Rights House Foundation
Human Rights Watch
IFEX
International Commission of Jurists (ICJ)
International Service for Human Rights (ISHR)
KIOS Foundation
Mwatana for Human Rights
Norwegian Helsinki Foundation
Peace Brigades International
Protection International
Rafto Foundation for Human Rights
Rainforest Foundation Norway
Save the Children
Sexual Rights Initiative
UN Association of Norway
World Organisation Against Torture (OMCT)

https://www.forum-asia.org/?p=36594&embed=true#?secret=Zdx60FanaZ

Posted in Human Rights Council, Human Rights Defenders | Leave a Comment »
Tags: 49th session of the UN Human rights council, enabling environment, Forum Asia, Human Rights Defenders, joint letter, NGOs, reprisals, Resolution, safety

Guide to 49th session of Human Rights Council – with human rights defenders focus

February 21, 2022

The 49th session of the UN Human Rights Council, from 28 February – 1 April 2022, will consider issues including the protection of human rights defenders, freedom of religion or belief, protection and promotion of human rights while countering terrorism, the right to food and adequate housing, among others. It will also present an opportunity to address grave human rights situations in States including Nicaragua, Venezuela, China, Syria, South Sudan, Sri Lanka, Iran, the Democratic People’s Republic of Korea, Myanmar, Eritrea, among many others. Here’s an overview of some of the key issues on the agenda. The ISHR has issued again its excellent Guide to the upcoming session and I have extracted from it the issues most directly related to human rights defenders:

Protection of human rights defenders

On 11 March 2022, the UN Special Rapporteur will present her report on the work of human rights defenders to address corruption. At the 49th session of the HRC, Norway will present a thematic resolution on human rights defenders in conflict and post-conflict situations. A group of NGOs have produced a list of 25 recommendations related to key concerns that should be addressed in the resolution. These include recommendations related to the removal of legislation that impinges upon the ability of defenders to do their work, including counter-terrorism legislation; the development of protection measures that take into account the specific needs of particular groups of defenders and the precarious nature of their situation in conflict and post-conflict contexts, and specific measures to support human rights defenders in such contexts, including in regard to the provision of cloud-based solutions for storage of documentation, flexible and reliable funding and swift responses in the case of the need for relocation of human rights defenders and their families. ISHR joins these calls and to impress upon the Council the need for a strong commitment to acknowledging and taking action to protect human rights defenders working in such contexts. In addition, we call on all UN members to monitor and report on their implementation of the resolution in a comprehensive way, sharing updates on challenges faced and progress made during relevant UN dialogues and debates.

Reprisals

The UN has taken some action towards addressing this critical issue including:

an annual report by the Secretary General;
a dedicated dialogue under item 5 to take place every September;
The appointment of the UN Assistant Secretary General on Human Rights as the Senior Official on addressing reprisals.

During the 48th session, the Council adopted a resolution on reprisals. The text was adopted by consensus for the first time since 2009 and invites the UN Secretary General to submit his annual report on reprisals and intimidation to the UN General Assembly. Once again the resolution listed key trends including that acts of intimidation and reprisals can signal patterns, increasing self-censorship, and the use of national security arguments and counter-terrorism strategies by States as justification for blocking access to the UN. The resolution also acknowledged the specific risks to individuals in vulnerable situations or belonging to marginalised groups, and called on the UN to implement gender-responsive policies to end reprisals. The Council called on States to combat impunity by conducting prompt, impartial and independent investigations and ensuring accountability for all acts of intimidation or reprisal, both online and offline, by condemning all such acts publicly, providing access to effective remedies for victims, and preventing any recurrence.

Item 5 of the Human Rights Council’s agenda provides a key opportunity for States to raise concerns about specific cases of reprisals, and for governments involved in existing cases to provide an update to the Council on any investigation or action taken toward accountability to be carried out. The President should also update the Council on actions taken by the President and Bureau to follow up on cases and promote accountability under this item.

Other thematic debates

At this 49th session, the Council will discuss a range of topics in depth through dedicated debates with mandate holders. The debates with mandate holders include:

The Special Rapporteur in the field of cultural rights
The Special Rapporteur on freedom of religion or belief
The Special Rapporteur on torture
The Special Rapporteur on the right to privacy

In addition, the Council will hold dedicated debates on the rights of specific groups including the Special Rapporteur on minority issues

In addition, the Council will hold dedicated debates on interrelation of human rights and human rights thematic issues including:

The Special Rapporteur on the promotion and protection of human rights while countering terrorism
The Special Rapporteur on human rights and the environment

Country-specific developments

China: High Commissioner Bachelet has still not released her Office’s report on grave human rights violations in the Uyghur region, six months after announcing its upcoming publication, and three months since her spokesperson indicated it would only be a matter of ‘weeks’. Further delays risk entrenching the Chinese government’s sense of impunity, and will harm the credibility of, and confidence in her Office’s capacity to address grave violations, some of which could amount to atrocity crimes. States should urge the High Commissioner to promptly publish her report, and present it to the Human Rights Council as a matter of utmost priority. This includes ensuring sustained pressure around China’s abuse of national security in discourse and law, and on the widespread and systematic use of enforced disappearance under ‘Residential Surveillance at a Designated Location’ (RSDL). See also: https://humanrightsdefenders.blog/2022/02/05/chinas-residential-surveillance-at-a-designated-location-needs-to-disappear/

Burundi: The Commission of Inquiry on Burundi (CoI) concluded its work at the 48th HRC session in October 2021 while a new resolution establishing a mandate of UN Special Rapporteur on Burundi was adopted, resolution 48/16. The resolution tasks the mandate with monitoring the human rights situation in the country, making recommendations for its improvement, and reporting to the Human Rights Council. While the Special Rapporteur will be unable to continue the entirety of the investigative work carried out by the CoI, they will “collect, examine and assess” information on human rights developments. Ahead of HRC48 more than 40 organisations, including ISHR, urged the Council to continue its scrutiny and further work towards justice and accountability in Burundi. See also: https://humanrightsdefenders.blog/2021/07/03/germain-rukuki-burundi-human-rights-defender-out-of-jail/

The UN Human Rights Office (OHCHR) will ensure that evidence collected by the CoI is “consolidated, preserved, accessible and usable in support of ongoing and future accountability efforts” including efforts to hold Burundian officials responsible for atrocities in front of the International Criminal Court (ICC). The Burundian government should resume its engagement with the Council and grant the Special Rapporteur, who will be appointed in March 2022, access to the country for an official visit.

France: Following an urgent call by ISHR and the Comité Adama, UN experts sent two communications to the French government on 15 and 26 November 2021 asking for measures to ensure that human rights defenders, including people of African descent, enjoy a safe environment in which to carry out their legitimate work for human rights and justice. The lack of investigation in the case of Adama Traoré’s death and the judicial harassment against his sister Assa Traoré for her activism is a sign of broader systemic racism against Black people in policing and criminal justice in France.

ISHR urges the HRC to continue its scrutiny and calls on France to ensure a prompt, transparent, and impartial investigation into the case of Adama Traoré; end the judicial harassment of Assa Traoré for her activism; accept the requests of the UN Special Rapporteur on Racism and the Working Group on People of African Descent to visit the country; end impunity for police violence; and ensure truly free and impartial investigations into the death or injury of anyone at the hands of the police, especially people of African descent.

Egypt: The joint statement delivered by States in March 2021 at the 46th session of the HRC played a critical role in securing the conditional release of several human rights defenders and journalists arbitrarily detained throughout 2021 and 2022. Regrettably, these releases do not reflect any significant change in Egypt’s systematic attacks on civic space and human rights defenders, including arbitrary detention, torture, ill-treatment, enforced disappearances and criminalisation of the exercise of the rights to freedom of expression, association, assembly or public participation. On 3 February 2022, 175 parliamentarians from across Europe urged the HRC to establish a “long overdue monitoring and reporting mechanism on Egypt”. ISHR joined 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. Continued, sustained and coordinated action on Egypt at the HRC is more necessary than ever. The HRC should follow up on the 2021 State joint statement and heed the calls of civil society and parliamentarians. See also: https://humanrightsdefenders.blog/2022/01/11/the-arabic-network-for-human-rights-information-has-shut-down/

Nicaragua: A year after Council resolution 46/2, civil society reporting indicates no meaningful action has been taken by Nicaragua to implement any of the Council’s recommendations to the government. Instead, it has deepened its crackdown on human rights defenders and any form of dissent, and further closed civil society space ahead of the November 2021 electoral process. The government’s absolute disregard for cooperation with international and regional mechanisms, including the treaty bodies, is an additional sign that the government does not intend to revert course on the country’s human rights crisis. ISHR, jointly with the Colectivo 18/2, urges the Human Rights Council to establish an independent mechanism to investigate grave human rights violations since April 2018 in Nicaragua, as well as their root causes. The mechanism should verify alleged grave violations, identify perpetrators, and preserve evidence, with a view to long-term accountability processes. See also my post of today: https://humanrightsdefenders.blog/2022/02/21/nicaragua-death-in-detention-and-sham-trial/

Saudi Arabia: According to ALQST’s 2021 annual report, for a short time in early 2021, intense global pressure on Saudi Arabia’s leaders to improve their dismal human rights record resulted in some minor reforms and concessions, yet, when the pressure eased, the Saudi authorities resumed their habitual pattern of abuses with renewed intensity. A number of high-profile women human rights defenders and prisoners of conscience were conditionally released, but they remain under severe restrictions which means that while they are released, they are not yet free. Saudi authorities continue to crackdown on freedom of expression and hand down lengthy prison sentences to human rights defenders. Saudi Arabia is sensitive regarding its reputation and susceptible to international pressure.

Sudan: On 5 November 2021, the Human Rights Council held a special session to address the ongoing situation in the Republic of Sudan and mandated an Expert on human rights in Sudan to monitor and report on the situation until the restoration of its civilian-led Government. The HRC must extend the reporting mandate of the Expert as the human rights situation is deteriorating. The military is closing the civic space for women’s rights groups and women human rights defenders, including by stigmatising women’s rights groups as terrorists or drug abusers. The recent arrests of women human rights defenders are part of a systemic attack against WHRDs in Sudan. The military and security forces are using social media and traditional media to defame women protesters. Women’s rights groups and WHRDs are facing a new wave of attacks that include framing charges to prolong the detention of WHRDs and defame the women’s rights movement. The military reinstated the authorities of the former regime’s security forces in December 2021 in the emergency order number 3. The new emergency order gave Sudanese security complete impunity and protection from accountability for any form of violations on duty. Sudanese security forces have a well-documented history of sexual abuse and torture of women detainees. WHRDs in detention are at risk of maltreatment, torture, and sexual violence.

Venezuela is back under the microscope with updates from the Office of the High Commissioner and from the Council’s fact-finding mission on the country both scheduled for 17th March. Attention on the human rights situation in the country follows hot on the heels of the Universal Periodic Review of Venezuela that took place at the end of January. The Council session is taking place at a time that Venezuelan civil society continues facing restrictions and attacks on their work. The head of human rights organisation, Fundaredes, has now been arbitrarily detained for 224 days. The Council session is an opportunity for States to express concern about the restrictions on civil society, and to enquire about the implementation of prior recommendations made to Venezuela by both OHCHR and the Mission. Despite being a Council member, Venezuela has yet to allow the Council’s own fact-finding mission access to the country, something the Council as a whole should denounce.

The High Commissioner will provide an oral update to the Council on 7 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:

Oral update and interactive dialogue with the Special Rapporteur on Eritrea
Oral update and interactive dialogue with the High Commissioner on the Tigray region of Ethiopia
Interactive Dialogue on the High Commissioner’s written update on Sri Lanka
Interactive dialogue on the High Commissioner’s report on Nicaragua
Interactive dialogue on the High Commissioner’s report on Afghanistan
Interactive Dialogue on the High Commissioner’s report on ensuring accountability and justice in the Occupied Palestinian Territory, including East Jerusalem
Oral updates and interactive dialogues with the High Commissioner and fact-finding mission on Venezuela
Oral update bv the High Commissioner and interactive Dialogue with the Special Rapporteur on the Democratic People’s Republic of Korea
Enhanced Interactive Dialogue on the OHCHR’s report on Belarus
Interactive Dialogue on the High Commissioner’s report, enhanced interactive dialogue on the Secretary-General’s report, and interactive dialogue on the Special Rapporteur’s report on Myanmar
Interactive Dialogue on the Special Rapporteur’s report on Iran
Interactive Dialogue on the Commission of Inquiry’s report on Syria
Interactive Dialogue on the Special Rapporteur’s report on the Palestinian territories occupied since 1967
Interactive Dialogues on the High Commissioner’s report and Commission on Human Rights’ report on South Sudan
Interactive Dialogue with the High Commissioner on Ukraine
High-level Interactive Dialogue with the Independent Expert on Central African Republic
Oral updates and enhanced interactive dialogue with the High Commissioner and the team of international experts on the Democratic Republic of the Congo
Oral update by the Special Rapporteur on Cambodia
Interactive Dialogue on the Independent Expert’s report on Mali
Interactive Dialogue on the fact-finding mission’s report on Libya

Appointment of mandate holders

The President of the Human Rights Council will propose candidates for the following mandates:

Three members of the Expert Mechanism on the Rights of Indigenous Peoples (one from the Pacific, one from Central and South America and the Caribbean, and one from Central and Eastern Europe, the Russian Federation, Central Asia and Transcaucasia);
The Special Rapporteur on the promotion and protection of human rights in the context of climate change;
The Special Rapporteur on the situation of human rights in Afghanistan;
The Special Rapporteur on the situation of human rights in Burundi;
The Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967;
A member of the Working Group on Arbitrary Detention, from Western European and other States;
A member of the Working Group on Enforced or Involuntary Disappearances, from Asia-Pacific States;
A member of the Working Group on the issue of human rights and transnational corporations and other business enterprises, from Asia-Pacific States;
A member of the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination, from Latin American and Caribbean States (an unforeseen vacancy that has arisen due to a resignation).

Resolutions to be presented to the Council’s 49th session

At the organisational meeting on 14 February the following resolutions were announced (States leading the resolution in brackets):

Human rights of persons belonging to minorities (Austria, Mexico, Slovenia)
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)
Cultural rights (Cuba)
The negative impact of unilateral coercive measures on the enjoyment of human rights (Azerbaijan on behalf of NAM)
Right to work (Egypt, Greece, Indonesia, Mexico, Romania)
Situation of human rights in the Islamic Republic of Iran – mandate renewal (Iceland, Moldova, North Macedonia, UK)
Rights of the child (GRULAC and EU)
Human rights defenders (Norway)
Adequate housing as a component of the right to an adequate standard of living, and the right to non-discrimination in this context (Germany, Brazil, Finland, Namibia)
Situation of human rights in the Syrian Arab Republic – mandate renewal (France, Germany, Italy, Jordan, Kuwait, Netherlands, Qatar, Turkey, UK, USA)
Situation of human rights in South Sudan – mandate renewal (Albania, Norway, USA, UK)
Mandate of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism – mandate renewal (Mexico)
Prevention of genocide (Armenia)
Situation of human rights in Belarus – mandate renewal (EU)
Situation of human rights in the Democratic People’s Republic of Korea (DPRK)- mandate renewal (EU)
Situation of human rights in Myanmar – mandate renewal (EU)
Freedom of religion or belief (EU)
Technical assistance and capacity-building for Mali in the field of human rights (Africa Group)
Technical assistance and capacity-building for South Sudan (Africa Group)
Role of states in countering the negative impact of disinformation on human rights (Ukraine)

During this session, the Council will adopt the UPR working group reports on Myanmar, Greece, Suriname, Samoa, Hungary, Saint Vincent and the Grenadines, Papua New Guinea, Tajikistan, United Republic of Tanzania, Eswatini, Antigua and Barbuda, Trinidad and Tobago, Thailand and Ireland.

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. 7 panel discussions and 1 thematic meeting are scheduled for this upcoming session:

To stay up-to-date: Follow @ISHRglobal and #HRC49 on Twitter, and look out for our Human Rights Council Monitor.

https://ishr.ch/latest-updates/hrc49-key-issues-on-agenda-of-march-2022-session/

Posted in human rights, Human Rights Council, Human Rights Defenders, ISHR | 4 Comments »
Tags: 49th session of the UN Human rights council, Burundi, China, Egypt, France, Human Rights Defenders, ISHR, Nicaragua, Norway, reprisals, Resolution, Saudi Arabia, Special Rapporteur on Human Rights Defenders, Sudan, Venezuela

Harassment of Adilur Rahman Khan and other Human Rights Defenders in Bangladesh

December 21, 2021

On 14 December 2021 a Statement “Bangladesh: Stop Harassment of Human Rights Defenders” was published by Forum Asia, FIDH and other NGOs: “Bangladesh authorities must end the harassment of Adilur Rahman Khan and ASM Nasiruddin Elan, respectively Secretary and Director of the human rights group Odhikar, who have been targeted through the misuse of the criminal justice system”, eleven rights groups said.

On December 15, 2021, the Cyber Tribunal of Dhaka will continue the examination of prosecution witnesses in the case brought against Adilur Rahman Khan, also a member of OMCT General Assembly and FIDH Secretary-General, and ASM Nasiruddin Elan, for charges brought against them in Case No. 1 of 2013 under the notorious Section 57 of the Information and Communication Technology (ICT) Act, 2006 (amended in 2009), in relation to a fact-finding report issued by Odhikar on the killing of at least 61 people by security forces and law-enforcement agencies in May 2013. Khan and Elan face up to ten years in prison. See also; https://www.trueheroesfilms.org/thedigest/laureates/88F17E2F-F919-580F-2FDA-59B8E24ACBF6

“The government should stop using vague laws to silence human rights defenders and start holding perpetrators of abuses to account, ” said Kerry Kennedy, President of Robert F. Kennedy Human Rights. “Odhikar’s findings not only should have led to investigations and reforms, but also should have been welcomed by the government as an opportunity to strengthen their commitment to upholding human rights.”

Following Odhikar’s 2013 report, Khan and Elan were arbitrarily detained for respectively 62 and 25 days until they were both released on bail. On February 14, 2021, the Appellate Division of the Supreme Court of Bangladesh rejected Odhikar’s appeal to quash the case on its legal merits. On September 12, 2021, the Cyber Tribunal of Dhaka resumed the trial in the case against the two while their review petition is still pending hearing before the Appellate Division of the Supreme Court, contravening the right to a fair trial. On October 5, November 9, and November 24, 2021, the Cyber Tribunal of Dhaka started to examine prosecution witnesses in the case.

We express our deepest concern over the ongoing harassment of Adilur Rahman Khan and ASM Nasiruddin Elan, which is manifestly a form of reprisals against Odhikar for their legitimate human rights work, including for cooperating with UN human rights mechanisms in documenting enforced disappearances, extra-judicial executions and torture in Bangladesh.

It is further a matter of great concern that since 2013, attacks, unlawful surveillance, smear campaigns and harassment against Odhikar and its staff and management have been incessant. Odhikar is also facing serious difficulties to conduct its work due to violations of the right to freedom of association, since its registration has not been renewed by the NGO Affairs Bureau of the Government of Bangladesh and is still pending since 2015. Moreover, all of its bank accounts have been frozen and the organization has been forbidden from receiving funding from foreign or international sources, impacting its operations considerably.

The trial against Khan and Elan resumes in a context where human rights in Bangladesh are under attack from all sides. Human rights violations committed by security forces, including enforced disappearances, extrajudicial executions, and torture remain pervasive throughout the country, with absolute impunity. Authorities regularly crackdown on human rights defenders and journalists who speak out against these violations, including through the use of the Digital Security Act – 2018, the Special Powers Act – 1974, and other draconian laws. See also: https://humanrightsdefenders.blog/2014/12/02/adilur-rahman-khan-speaks-out-against-torture/

Cases such as these question the Bangladeshi government’s commitment to protecting human rights. The international community, including the United Nations and the diplomatic corps in Bangladesh, should monitor the case against Adilur Rahman Khan and ASM Nasiruddin Elan and take a clear stand to ensure that the government of Bangladesh respects the rights of the two defenders to a fair and public trial and, more generally, guarantees the right to defend human rights and puts an end to all acts of harassment against all human rights defenders in Bangladesh.

Our organisations call on the authorities of Bangladesh to immediately and unconditionally drop all charges against Adilur Rahman Khan and ASM Nasiruddin Elan, and to ensure in all circumstances that human rights defenders in Bangladesh are able to carry out their legitimate activities without any hindrance and fear of reprisals.

“This trial is in reality an indictment of the authorities and a crucial test case for the country’s judiciary to be closely watched by the international community,” said Gerald Staberock, OMCT Secretary General, speaking on behalf of the Observatory. “The true culprits are those responsible for extra-judicial killings not those who report on it. Prosecuting human rights activists will not stifle dissent but will isolate Bangladesh from the international community.”

The NGOs:

Amnesty International

Anti-Death Penalty Asia Network (ADPAN),

Asian Human Rights Commission (AHRC),

Asian Network for Free Elections

Capital Punishment Justice Project (CPJP)

CIVICUS: World Alliance for Citizen Participation,

Eleos Justice, Monash University, Associate Professor

FIDH, within the framework of the Observatory for the Protection of Human Rights Defenders, i

FORUM-ASIA

Robert F. Kennedy Human Rights

World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders

https://www.fidh.org/en/region/asia/bangladesh/bangladesh-government-must-act-to-address-rule-of-law-crisis

Posted in Amnesty international, FIDH, human rights, Human Rights Defenders, Observatory for the Protection of Human Rights Defenders, OMCT | 2 Comments »
Tags: Adilur Rahman Khan, AI, ASM Nasiruddin Elan, Bangladesh, CIVICUS, digest of human rights awards and laureates, FIDH, Forum Asia, human rights monitoring, illegal detention, joint statement, Kerry Kennedy, NGOs, OMCT, reprisals, RFK Human Rights, torture

9 November Webinar on reprisals in the European diaspora

November 5, 2021

On 9 November 2021 at 2pm CET, the Unrepresented Nations and Peoples Organization (UNPO) will be co-organizing with MEPs an event in the European Parliament presenting its report on third country reprisals against human rights defenders in Europe. With growing threats from China, Russia, Iran and Pakistan on European soil, UNPO wants greater action taken against their reprisals on minority rights diaspora in Europe. Our report can be found here. [see also: https://humanrightsdefenders.blog/2021/04/22/unpo-reprisals-on-the-rise/]

Event information :

Format : Webinar, with Presentation of report and testimonies

Date : Tueday, November 9

Time : 14.00 CET

Stream link : https://youtu.be/_WPgpYCuNrI

Event description :

UNPO has been working hard to expose the difficulties activists for self-determination and minority rights face due to reprisals by state actors. These can range from intimidation and threats to murder. As part of our broad Compromised Spaces campaign we wanted

Schedule and Panelists :

Moderator : Shima Silavi, Program Officer, UNPO

Hosts as MEPs : Jordi Sole MEP, Heidi Hautala MEP, Ignazio Castaldo MEP, David Lega MEP.

14.00 Opening Remarks

14.20-14.40 Presenting the Report : “Compromised Space: Foreign State Reprisals against Unrepresented Diplomats in Europe” Shima Silavi.

14:40 – 14:55 Ahwazi Arab Witness – Iran. Hawra Nissi, Daughter of Ahmad Mola Nissi, an Ahwazi Arab political activist who was shot dead in front of his home in the Hague in 2017

14:50 – 15:10 Uyghur Witness – China, Dolkun Isa, President of the World Uyghur Congress

15:10 – 15:25 Crimean Tatar Witness- Russia. Ayla Bakkalli, Representative of the World Congress of Crimean Tatars, Mejlis of Crimean Tatars People – UN Permanent Forum on Indigenous Issues

15: 25 – 15:40 Expert – Oxford University Dr. Fiona McConnell, Associate Professor in Human Geography. Fellow and Tutor at St. Catherine’s College, Oxford, recipient of the Philip Leverhulme Prize for Geography in 2019.

https://unpo.org/article/22170

Posted in Human Rights Defenders | Leave a Comment »
Tags: European Parliament, european region, Fiona McConnell, Jordi Sole, MEPs, on line conversation, reprisals, Unrepresented Nations and Peoples Organization (UNPO), webinar

Reprisals on the agenda of the UN and the new ISHR campaign to #EndReprisals!

September 30, 2021

On 29 September 2021 took place – in the 48th session of the UN Human Rights Council – the Interactive Dialogue on the Report of the Secretary-General on Cooperation with the United Nations, its Representatives and Mechanisms in the Field of Human Rights.

Allegations of reprisals and intimidation were documented against some 240 civil society members, activists and journalists, across 45 countries in the year up to 31 April, simply because they had been cooperating with the United Nations. 

That’s according to data from a new report presented on Wednesday to the Human Rights Council by the UN Assistant Secretary-General for Human Rights, Ilze Brands Kehris.

Many cases were reported anonymously, because of fear of reprisal.  There were also around 50 individuals who experienced detention, while others were subjected to house arrest.

Despite some push-back, Ms. Brands Kehris said the report “makes clear” that “the scope and severity of cases of intimidation and reprisal persist and in unacceptably high numbers.”

The Assistant Secretary-General for Human Rights, presenting the report of the Secretary-General on cooperation with the United Nations, its representatives and mechanisms in the field of human rights, drew attention to four key trends that emerged from the report. First, in close to half of the countries mentioned in the report, she said that the United Nations had received allegations of monitoring and surveillance, both online and offline, of individuals and groups who cooperated, or attempted to cooperate, with the United Nations. Numerous cases included hacking of accounts, travel bans and other movement restrictions. Second, the United Nations saw signs of a possible pattern in several countries: China, Egypt, Iran, Saudi Arabia and Viet Nam, as well as India, Israel, Myanmar, Philippines and Venezuela. In the first five, the United Nations had identified serious issues with the detention of victims of reprisals and intimidation.

Third, some cases concerned the use of restrictive legislation that prevented or punished cooperation with the United Nations, notably on grounds of national security, including counter-terrorism measures, or based on laws governing activities of civil society organizations. Fourth, the increasingly challenging, or even at times repressive, environments for victims, human rights defenders, journalists and other civil society actors were indicated by the fact that many were deterred from providing specific details about a case, or declined to draw the United Nations’ attention altogether.

Victims of acts of reprisal and intimidation for cooperation with the United Nations continued to be subjected to serious human rights violations – in particular, arbitrary arrests and detention, but also torture and ill-treatment and, even death in custody, killing and enforced disappearances. In the digital sphere, activists and journalists had been attacked on social media after speaking at United Nations meetings and victims had been targeted for submitting information to or communicating electronically with the United Nations. While the report noted that more women were increasingly cooperating with the United Nations, including by using on-line opportunities, the price of such interactions for some included arrests and detention, harassment and intimidation, as well as stigmatisation and vilification. The United Nations could not tolerate that those who brought critical perspectives to the United Nations were silenced. More and better needed to be done to provide safe and open spaces for interaction, where those who spoke up could be heard, and could do so without fear of any sort of retribution.

Speakers regretted that the number of reprisals remained high and that the cases mentioned reflected solely the tip of the iceberg. They were worried about the continued trend of using justifications of any kind for blocking access to the United Nations as well as measures adopted in response to the COVID-19 pandemic as a pretext to stifle civil society space. Concerns were expressed about cases of intimidation and reprisals committed by Human Right Council Members, since they should uphold the highest standards in the promotion and protection of human right, especially against women. Some speakers praised the important and vital role played by civil society in promoting and advancing the global human rights agenda, including through meaningful engagement with the United Nations human rights machinery. They deplored any act of reprisal aiming to restrict or hinder the ability of individuals to access and communicate with international bodies, in particular the United Nations, its representatives and mechanisms in the field of human rights. Some speakers said that reprisals and intimidation against those who cooperated with the United Nations were an attack against the very essence and proper functioning of the United Nations system itself. They condemned any form of intimidation, harassment and reprisals, both offline and online, and called on all States to respect and protect persons cooperating with the United Nations system.

Some speakers stressed the importance of having a constructive and meaningful dialogue on any alleged cases of reprisal and called upon all to pay special attention to fulfil their responsibilities in providing credible and reliable information that should be thoroughly checked and corroborated in order to avoid reaching any false conclusions. They believed it was the mutual responsibility and duty of all stakeholders to collaborate together in order to preserve the efficiency and credibility of the United Nations human rights machinery. One speaker regretted the unfounded mentions contained in the report presented by the Assistant Secretary-General on alleged cases of reprisals. They invited the Assistant Secretary-General to address with objectivity, transparency and impartiality alleged reprisals, which could not be taken a priori as true, as they were not.

The International Service for Human Rights (ISHR) which is following this topic most keenly says: People who defend human rights must be able to access and communicate with the UN freely & safely. It started a campaign to Call on States at the UN to #EndReprisals!

Help us to #EndReprisals at the UN

Human rights defenders work to make a fairer, more sustainable and just world by promoting and protecting human rights. In considering human rights situations around the world, the UN system is profoundly dependent on the information and testimonies provided by human rights defenders who document situations, abuses and violations. They are essential voices from our communities that need to be part of the conversations at the United Nations.

This important role is a key reason why some States seek to systematically prevent defenders from engaging with UN bodies and mechanisms, and to reprimand and punish those who do engage. They do so through repressive tactics that range from administrative hurdles and travel restrictions to intimidation, imprisonment and killings.

This is not right. Everyone has the right to access and safely communicate with the UN.

Human rights defenders must be able to share crucial information and perspectives with the UN, safely and unhindered.

Do you agree ? Then send a tweet to States at the UN and ask them to support a resolution to #EndReprisals.

Click to tweet!

We want human rights defenders to have a ‘seat at the UN table’ and be able to effectively and safely engage with UN human rights mechanisms and bodies. We want States and non-State actors to refrain from intimidating or carrying out reprisals against defenders when they engage or seek to engage with the UN. When intimidation and reprisals do occur, we want the UN to effectively address these cases, support the victims and push for accountability and redress.

How do we achieve this?

The countries on the Human Rights Council have the opportunity to take a clear stand on reprisals and intimidation against those who engage with the UN. During the 48th session of the Human Rights Council, between the 17 September and 4 October 2021, States will negotiate a resolution that aims to strengthen the response by the UN and States to intimidation and reprisals. The resolution invites the UN Secretary General to submit his annual report on reprisals and intimidation to the UN General Assembly. Until now, the report has only been presented to the Human Rights Council. The General Assembly is the main policy-making forum of the UN and all 193 States are represented there. Reprisals and intimidation related to cooperating with the UN is a serious system-wide issue and having it discussed at the General Assembly amongst all Member States is crucial to effectively preventing and addressing it. We are calling on States, through meetings, letters and on social media to support the resolution and resist any efforts to undermine and weaken it.

States must take a clear and public position at the UN against intimidation and reprisals and hold their peers to account. Every year the UN Secretary-General publishes a report on incidents of reprisals and intimidation. That report will be discussed at the Human Rights Council on 29 September 2021. We therefore also call on governments States to take a stand during the discussion, publicly condemn reprisals and intimidation against those who engage with the UN, and raise specific cases of victims.

What you can do?

Together we can make sure a strong resolution on reprisals is adopted and push for everyone at the UN to take this issue seriously. This is a crucial step to #EndReprisals. Click on the image below before 4 October to send a tweet to States on the Human Rights Council who have not been supportive of this issue in the past and call on them to support the resolution.

Click to tweet!

If you prefer to write or engage directly with States representatives, here you can find an advocacy kit with a draft email, as well as their addresses and twitter contacts.

https://reliefweb.int/report/world/high-commissioner-human-rights-council-has-given-disturbing-diagnosis-human-rights

https://news.un.org/en/story/2021/09/1101722

https://ishr.ch/action/campaigns/endreprisals/

Posted in human rights, Human Rights Council, OHCHR | 1 Comment »
Tags: #EndReprisals at the UN, 48th session of the UN Human Rights Council, anti-reprisals focal point, Ilze Brands Kehris, international campaign, ISHR, reprisals, Resolution, tweets

Posts Tagged ‘reprisals’

A bit belatedly this overview for the 50th session:

Thematic areas of interest

Business and human rights

Reprisals

Sexual orientation and gender identity

Other thematic reports

Country-specific developments

Afghanistan

China

Burundi

Egypt

Israel and oPT

Russia

Sudan

Venezuela

Other country situations

Council programme, appointments and resolutions

Resolutions to be presented to the Council’s 50th session

Adoption of Universal Periodic Review (UPR) reports

Panel discussions

Protection of human rights defenders

Reprisals

Other thematic debates

Country-specific developments

Appointment of mandate holders

Resolutions to be presented to the Council’s 49th session

Help us to #EndReprisals at the UN

How do we achieve this?

What you can do?

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