Posts Tagged ‘retaliation’
May 20, 2014
Thanks to Theo van Boven, who alerted me, I am happy to report another small step in the war against reprisals. On 21 April 2014 the UN General Assembly adopted a resolution on the Strengthening on the Treaty Bodies in which operative paragraph 8 strongly condemns intimidation and reprisals against human rights defenders and others who coöperate with the treaty bodies. (A/RES/69/268). For text of resolution: http://www.un.org/en/ga/search/view_doc.asp?symbol=A/RES/68/268
for more posts on reprisals: https://thoolen.wordpress.com/tag/reprisals/
Posted in Human Rights Defenders, UN | Leave a Comment »
Tags: intimidation, reprisals, retaliation, Theo van Boven, Thoolen, treaty bodies, UN, UN General Assembly, UN Resolution
May 19, 2014
On 16 May 2014 the International Service for Human Rights [ISHR] reports that the African Commission on Human and Peoples’ Rights has designated a high-level focal point to document and follow up on cases of intimidation and reprisals against human rights defenders that cooperate with the African human rights system. The spokesperson of the ISHR, Clement Voulé, welcomed the move and said: ‘The UN and its Member States should take note of the African Commission’s initiative and approve the designation of a high-level UN focal point’…‘Delegations in New York should also heed the call led by Botswana and joined by 56 States in Geneva in March to expedite this process and ensure a comprehensive, system-wide response to reprisals.’ While this is in itself good news and a step in the right direction, some caution is needed:
(1) The tasks of documenting, monitoring and encouraging effective Commission follow up on reprisals has been delegated to the existing African Special Rapporteur on Human Rights Defenders, Reine Alapini-Gansou [‘By designating me as a focal point, the Commission has acted on the need to strengthen its response to reprisals by monitoring cases and working with States to prevent recurrence and promote accountability’]. However, there is no indication that Commissioner Alapini-Gansou is given additional powers or resources.
(2) Almost all the African countries (except Chad and Morocco) supported the UN Resolution in the General Assembly last year that in fact blocked the creation of a focal point against reprisals in the United Nations. Courageous little Botswana may well have led a large group of countries with a statement in March 2014 at the Human Rights Council [http://www.ishr.ch/news/human-rights-council-has-duty-strengthen-response-reprisals] which favors such a UN-wide focal point, but how the African group will vote next time is far from clear. See more on: https://thoolen.wordpress.com/2014/01/08/un-general-assembly-indeed-defers-un-focal-point-on-human-rights-defenders/
Still, I hope we can all share the ISHR’s passionate statement that “Any other outcome will signal support for impunity for the perpetrators of reprisals and a betrayal of human rights defenders and others who engage with the human rights system”.
via African Commission designates high-level focal point to combat reprisals | ISHR.
Posted in human rights, Human Rights Council, Human Rights Defenders, ISHR, UN | Leave a Comment »
Tags: Africa, African Commission, African Commission on Human and Peoples' Rights, anti-reprisals focal point, Clement Voulé, Human Rights Defenders, International Service for Human Rights, Reine Alapini-Gansou, reprisals, retaliation, special rapporteurs, Thoolen, United Nations General Assembly
April 29, 2014
In a post dated 13 March 2014, I suggested the possibility of suspending the membership of countries in the Human Rights Council in case of serious reprisals against human rights defenders who coöperate with the UN. [https://thoolen.wordpress.com/2014/03/13/zero-tolerance-for-states-that-take-reprisals-against-hrds-lets-up-the-ante/]. The backdrop to this admittedly far-reaching proposal Read the rest of this entry »
Posted in human rights, Human Rights Defenders, ISHR | Leave a Comment »
Tags: ADC Memorial, annual Report of the Secretary General on Reprisals, Cao Shunli, China, General Assembly, gross and systematic violations, Human Rights Defenders, human rights violations, ISHR, membership UN human rights council, Phil Lynch, reprisals, retaliation, Russia, Sri Lanka, UN Human Rights Council
April 25, 2014
In the crucial battle for better protection of human rights defenders who give information to the UN, there is a small victory. The Committee on Enforced Disappearances has responded to the issue of intimidation and attacks against human rights defenders by creating a rapporteur on reprisals. This comes after other UN treaty bodies, including the Human Rights Committee, the Committee against Torture and the Sub-Committee on the Prevention of Torture also took some steps to better protect human rights defenders who contribute to their work.
In its message of 22 April 2014 the Geneva-based International Service for Human Rights refers to its submission – together with Child Rights Connect, the Center for Legal and Social Studies, FIACAT, the International Movement Against all forms of Discrimination and Racism and Al-Karama – identifying ways in which the Committee could better facilitate access and engagement by NGOs. ‘ISHR welcomes this development, which sends a clear signal that the Committee takes the danger of reprisals seriously and understands the need to address this threat,’ said ISHR’s Heather Collister, but she rightly points out that cases of reprisal will continue to occur as long as there is no means of holding States accountable for the safety of the defenders who engage with regional or international human rights systems. See my earlier post advocating stronger measures against States that take reprisals: https://thoolen.wordpress.com/2014/03/13/zero-tolerance-for-states-that-take-reprisals-against-hrds-lets-up-the-ante/
via UN Committee on Enforced Disappearances appoints focal point on reprisals | ISHR. or contact Heather Collister on: h.collister[at]ishr.ch
For all my earlier posts on reprisals see: https://thoolen.wordpress.com/tag/reprisals/
Posted in human rights, Human Rights Defenders, ISHR | Leave a Comment »
Tags: Committee on Enforced Disappearances, Heather Collister, Human Rights Defenders, International Service for Human Rights, intimidation, ISHR, reprisals, retaliation, UN
April 12, 2014
Mandeep Tiwana posted on 10 April in the Mail & Guardian a piece that – sadly – needed to be written. On how South Africa and India increasingly find themselves siding with Russia, China in votes concerning human rights in the UN Human Rights Council. Mandeep recalls that “Mandela was acutely aware of the role that international solidarity played in supporting anti-apartheid activists as they mobilised on the streets. As president, he made a compelling speech at the Southern African Development Community’s periodic conference in 1997 in Blantyre, Malawi. He urged that national sovereignty and non-interference in the affairs of other countries could not blunt the common concern for democracy, human rights and good governance in the regional grouping. Mandela called upon his fellow leaders to recognise the right of citizens to “participate unhindered in political activities”. Under title : “India, SA risk forsaking their proud histories on human rights” the piece makes good reading for your weekend: Read the rest of this entry »
Posted in human rights, Human Rights Council, Human Rights Defenders, UN | 1 Comment »
Tags: Brazil, BRICS, diplomacy, freedom to demonstrate, Geneva, Human Rights Council, Human Rights Defenders, India, Mail & Guardian, Mandeep Tiwana, moment of silence, Nelson Mandela, retaliation, South Africa, UN Human Rights Council
March 27, 2014
A column in the South African City Press under the title “A chilling point of order for SA” written by Juliette De Rivero on 26 March 2014 makes a punchy statement about the disappointment felt all though the human rights movement when South Africa opted to support China’s point of order in the UN Council of Human Rights. In my post about this ‘court drama’ (reference below) I did not list all the countries coming out against allowing a moment of silence for the deceased Chinese human rights defender Cao Shunli and indeed the position of South Africa was in many way the most surprising, in de Rivero’s words: “…The South African delegate took the floor and warned that allowing the activists to proceed with the moment of silence would “create a dangerous precedent” that the council would not be able to sustain in the future.He noted that the action was “irregular and incompatible with the rules of procedure of this council”.South Africa’s choice to stand with the government that prevented Cao Shunli from participating in the UN came as a blow to the activist community – a community that was willing to stand up for Cao just as it had been willing to denounce the injustice of apartheid.South Africa’s concern that the moment of silence – not the death of the activist – was setting a bad precedent in the UN body sent such a chilling message to the human rights community that it should not be ignored…”
Let me add: That silence is a way of speaking should be clear to all, including South Africa, e.g. when on 6 December 2013 the General Assembly held a moment of silence to honour the memory of Nelson Mandela (“Madiba”).
full piece in: A chilling point of order for SA – City Press.
background in: https://thoolen.wordpress.com/2014/03/20/china-in-the-un-human-rights-council-manages-to-silence-cao-shunli-as-well-as-ngos/
Posted in HRW, human rights, Human Rights Defenders | 2 Comments »
Tags: accredited NGOs, Africa, Cao Shunli, China, De Rivero, HRW, Human Rights Defenders, Juliette De Rivero, moment of silence, NGOs, point of order, remembrance, retaliation, rules of procedure, South Africa, tribute, UN Council of Human Rights, UN Human Rights Council, UPR, woman human rights defender
March 17, 2014
Today, 17 March 2014, the Asian Human Rights Commission, comes out with a statement that makes Sri Lanka look like one the worst offenders when it comes to retaliation and reprisals against human rights defenders. My feelings about reprisals are well-known and were recently expressed in: https://thoolen.wordpress.com/2014/03/13/zero-tolerance-for-states-that-take-reprisals-against-hrds-lets-up-the-ante/
A draft resolution promoting reconciliation, accountability, and human rights in Sri Lanka is being discussed at the United Nations Human Rights Council. The proposed resolution calls for, among other things, the Office of the High Commissioner, “To lead a comprehensive investigation into alleged serious violations and abuses of human rights and related crimes by both parties in Sri Lanka and establish the facts and circumstances of such violations and of the crimes committed with the view to avoiding impunity and ensuring accountability with assistance from relevant experts”.
The statement of the AHRC reads: Read the rest of this entry »
Posted in AHRC, human rights, Human Rights Defenders | 4 Comments »
Tags: AHRC, anti-reprisals focal point, arbitrary arrest, Asian Human Rights Commission, Basil Fernando, detention, Forced disappearance, investigation, large scale violations, reprisals, retaliation, Sri Lanka, UN, UN Human Rights Council
March 13, 2014
“States that commit or tolerate reprisals against #HRDs for cooperation with #UN should loose their voting rights says@thoolen“ is what Michael Ineichen twitted about my intervention in a meeting in Geneva organized by the ISHR. on 11 March. And that is basically correct. However, a bit more explanation of my rather ‘extremist position’ may be in order:
The topic of reprisals against persons who cooperate (as witnesses) with the UN and its various office holders has been raised by many, including this blog. [see: https://thoolen.wordpress.com/2013/09/20/protecting-human-rights-defenders-from-reprisals-crucial-issue-with-timely-article-and-side-event-on-24-september/ and https://thoolen.wordpress.com/2013/10/14/conclusions-of-side-event-on-reprisals-against-human-rights-defenders/.] When at the very well-attended side event organized by the International Service for Human Rights in the margin of the UN Council of Human Rights, the issue of reprisals came up again, I said that the international community is perhaps a bit too timid in its reaction to the increase in reprisals against Human Rights Defenders who testify to or cooperate with the United Nations. I stated that ‘messing with witnesses’ is considered by judges in almost all legal systems as an extremely grave thing. Or taking another analogy from legal thinking: a crime is considered a ‘qualified crime’ or ‘aggravated crime’ (and punished more severely) when certain circumstances are present, including when there is a dependency link between the victim and the perpetrator (think of murder or rape by the a custodian, a teacher or a doctor).
The resolution establishing the new Human Rights Council – replacing the previous Commission – states that “members elected to the Council shall uphold the highest standards in the promotion and protection of human rights.” And one of the novelties touted was that the General Assembly, via a two-thirds majority, can suspend the rights and privileges of any Council member that it decides has persistently committed gross and systematic violations of human rights during its term of membership.
The chilling effect that reprisals can have – especially when met with impunity – is potentially extremely damaging for the whole UN system of human rights procedures and will undo the slow but steady process of the last decades. Taken together with the above-mentioned seriousness of the aggravating character of reprisals, a powerful coalition of international and regional NGOs could well start public hearings with the purpose of demanding that States that commit reprisal be suspended.
If States can lose their right to vote in the General Assembly if they do not pay their fees for several years, there is in fact nothing shocking in demanding that States, who persecute and intimidate human rights defenders BECAUSE they cooperate with the United Nations, are not allowed to take part in the proceedings of the UN human rights body.
Posted in human rights, Human Rights Council, Human Rights Defenders, ISHR, UN | 17 Comments »
Tags: anti-reprisals focal point, human rights, Human Rights Defenders, international protection, International Service for Human Rights, ISHR, Michael Ineichen, NGOs, reprisals, retaliation, side event, suspension membership Council, Thoolen, twitter, UN Human Rights Council
March 4, 2014
(High Commissioner for Human Rights Navi Pillay at the 25th session of the Human Rights Council. UN Photo/Jean-Marc Ferré)
Yesterday, 3 March 2014, the top UN functionaries opened the 25th session of the UN Human Rights Council with calls for the protection of members of civil society who pursue justice in their countries (a long euphemism for Human Rights Defenders).
“Streets, airwaves, entire countries are buzzing with demands for economic, social and political justice,” UN High Commissioner for Human Rights Navi Pillay said. Setting out this agenda and acknowledging the hard work that lay ahead in ensuring that all people enjoyed equal rights, Ms. Pillay emphasized the important role of civil society in those efforts. “We need to work together to ensure that the space, voice and knowledge of civil society is nurtured in all our countries,” she stressed. Recalling reports of what she labelled “intolerable” reprisals against people who coöperate with the UN’s human rights activities, she called for more action to protect them. “The UN itself is required to protect and support those who contribute to its work, often at great personal risk,” she said.
Secretary-General Ban Ki-moon added on this point that, “No one should have to risk their life for standing up and speaking out on violations of human rights and international humanitarian law.” Civil society was the representative of “We the Peoples,” as cited in the opening of the UN Charter, and that it must be able to carry out its vital work, “free of reprisals and intimidation.” In that context, the Secretary-General highlighted the “Rights Up Front” action plan that he launched last year to ensure that human rights considerations were the top priority in all UN activities. “This initiative seeks to ensure that the United Nations system leverages the full breadth of its mandates to protect people at risk,” he said. [https://thoolen.wordpress.com/2013/12/26/rights-up-front-presented-by-jan-eliason-it-is-irrefutable-that-serious-human-rights-violations-are-the-best-early-warning-of-atrocities/]
Interesting to note that while in Geneva, the Secretary-General met 4 NGOs: the International Service for Human Rights, Amnesty International, Human Rights Watch and the International Commission of Jurists. Their discussion certainly stressed human rights defenders and the importance of protecting them from attacks.
via United Nations News Centre – UN Human Rights Council opens with calls to protect, support civil society activism.
Posted in AI, HRW, human rights, Human Rights Council, Human Rights Defenders, ICJ, ISHR, OHCHR | Leave a Comment »
Tags: AI, Ban Ki-moon, Civil society, Geneva, High Commissioner for Human Rights Navi Pillay, HRW, human rights, Human Rights Council, Human Rights Defenders, ICJ, impunity, international procedures, ISHR, Navanethem Pillay, Navi Pillay, NGOs, Protection of Human Rights Defenders, reprisals, retaliation, Rights up Front, SG, UN, UN High Commissioner for Human Rights, United Nations Human Rights Council
February 25, 2014
(human rights defenders in the photo were not allowed to see Cao – Sound of Hope)
Critically ill human rights defender Cao Shunli, who was prevented from attending a United Nations human rights review of China last fall, was taken to intensive care on 16 February 2014 after being denied medical treatment for months while in detention. “Cao Shunli is unconscious and on a ventilator,” her lawyer Wang Yu explained to Radio Free Asia. “She can’t talk and her condition is extremely serious… We think her life is in danger, but the hospital won’t give us any details; they just mumble something when we ask them,” he continued. A nurse blocked the entrance to the intensive care unit and told rights defender Wang Ling that Cao was “deeply unconscious” and would not recognize him, according to Human Rights in China (HRIC). Though Cao was initially taken to Beijing’s Qinghe Emergency Center, she was then transferred to an Army hospital, though her family requested that she be taken to an acute care hospital. Police at the hospital prevented activists from entering the hospital, and about 20 of them were taken to police substations for questioning, Wang Ling told HRIC.
[Cao and fellow rights defender Chen Jianfang were detained on 13 September, 2013 at Beijing’s International airport as they were leaving to fly to Geneva to take part in activities associated with the United Nations Human Rights Council UPR review of China’s human rights record. On the eve of the review, 21 October, she was formally arrested and charged with “creating a disturbance,” and has been detained since then. See earlier posts:
https://thoolen.wordpress.com/2013/10/16/un-alarmed-by-reprisals-against-chinese-activists/ and https://thoolen.wordpress.com/tag/cao-shunli/
Also: http://www.frontlinedefenders.org/CaoShunli
Posted in human rights, Human Rights Council, Human Rights Defenders | 2 Comments »
Tags: Cao, Cao Shunli, Chen Jianfang, China, human rights defender Cao Shunli, Human Rights Defenders, Human Rights in China (HRIC), ill treatment, medical, reprisals, retaliation, UN, United Nations, UPR, Wang Ling, Wang Yu, woman human rights defender
Hans Thoolen on Human Rights Defenders and their awards 