Posts Tagged ‘Rodrigo Uprimny Yepes’

CESCR’s General Comment no. 26 on land rights defenders

February 8, 2023

Vincent Ploton leads ISHR’s strategic engagement and litigation with the UN Treaty Bodies, and he drew attention to General Comment N° 26 of the Committee on Economic, Social and Cultural Rights, which spells out the obligations of States parties to the ICESCR in relation to land rights. This constitutes the first guidance wholly dedicated to land rights across the UN Treaty Body system. CESCR’s new resource provides a major opportunity for land rights defenders at a time when the global battle for natural resources is at a historical high, and those who stand to protect their land are on the frontline. In all world regions, people who resist the destruction and exploitation of their land are facing judicial harassment, threats and murders. Indigenous and peasant communities who defend their rights to cultivate and live on their ancestral lands are dispossessed and extorted by powerful actors. CESCR’s General Comment spells out the measures that States parties must take to uphold compliance with the obligations set out in the Covenant.

ISHR welcomes the dedicated section of the General Comment on land rights defenders, which echoes our inputs and calls on States parties to:

  • Publicly recognise … the  importance and legitimacy of the work of human rights defenders and a commitment that no violence or threats against them will be tolerated
  • Repeal of any State legislation or any measures that are intended to penalise or obstruct the work of human rights defenders
  • Strengthen State institutions responsible for safeguarding the work of human rights defenders
  • Investigate and punish any form of violence or threat against human rights defenders
  • Adopt and implement programmes, in consultation with potential beneficiaries, that are well resourced and have inbuilt coordination mechanisms that ensure that adequate protection measures are provided to human rights defenders at risk whenever necessary

Speaking about this groundbreaking new guidance, the Committee’s Co-Rapporteur Rodrigo Uprimny said: “I hope that communities whose land rights are denied, including indigenous communities, can count on the force of international law, and the norms dictated by the International Covenant on Economic, Social and and Cultural Rights. The General Comment reaffirms and reinforces the concept of free, prior and informed consent and also recognizes the fundamental work of defenders of land rights.

See also: https://humanrightsdefenders.blog/2022/04/21/green-economy-and-human-rights-defenders-provide-data-denounce-attacks/

.https://ishr.ch/latest-updates/new-resource-for-land-rights-defenders/

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Tang Prize recipients in rule of law category make clear the challenges they face

September 21, 2020
On 21 September 2020 William Yen reported in Taiwan Focus on the Tang Prize 2020. Three NGOs that have won the 2020 Tang Prize for their significant contributions to the rule of law participated on-line in the Tang Prize Masters’ Forum in Rule of Law, organized by the Tang Prize Foundation and National Taiwan University’s College of Law. [see: https://en.wikipedia.org/wiki/Tang_Prize]
See also: https://humanrightsdefenders.blog/2016/06/22/2016-tang-prizes-to-louise-arbour-and-us-sinologist/
They are:
  • The Bangladesh Environment Lawyers Association (BELA),
  • The Colombian Dejusticia: The Center for Law, Justice and Society, and
  • The Legal Agenda, Lebanon.
Syeda Rizwana Hasan, chief executive of BELA, which promotes environmental justice and works toward sound environmental jurisprudence, said :”Corporate interests often take over public interests and the state loses its entity as a regulator and sides so much with the corporation that you can’t really differentiate which one is the state and which one is the corporation,”. This greatly impacts NGOs, as 430 environmental human rights defenders in Bangladesh were killed last year because they were fighting against mining projects or defending the rights of indigenous communities, Hasan said. See also: https://humanrightsdefenders.blog/2014/04/27/abu-bakar-siddique-released-but-worries-remain-for-human-rights-defenders-in-bangladesh/ “Authoritarian regimes are increasingly branding NGOs as foreign agents, enemies of the state and anti-development elements. They are trying to criminalize our entity and our functioning, they are trying to seize powers so they can assess our performances and delicense us if we go against their developmental narratives,” Hasan said.

Rodrigo Uprimny Yepes, co-founder of Dejusticia, which aims to strengthen the rule of law on issues such as discrimination against race and gender, said the challenges his organization, like many other NGOs will face in the future, will be the question of how to obtain financial sustainability without losing independence.

Samer Ghamroun, co-founder and current board member of The Legal Agenda, which focuses on promoting the independence of the judiciary and defending the rights of vulnerable groups, said that while religious equality is guaranteed in Lebanon, many other individual rights are sacrificed. “So religious equality coexists with social economic inequalities, huge social economical inquiries and lack of respect for individual rights,” Ghamroun said.

Yeh Jiunn-rong a professor at National Taiwan University, chair of the Tang Prize selection committee for the rule of law and moderator of the forum, expressed his gratitude for the organizations in sharing with Taiwan and the world their activisms and values. “Thank you very much to the representatives of these three laureates for the 2020 Tang Prize for Rule of Law,”.

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Video voices from the Geneva Forum of the International Commission of Jurists

December 6, 2014

icj_logo_pantone  Six prominent human rights defenders who participated in the ICJ’s Geneva Forum 2014 give their views on judicial protection of economic, social and cultural   rights  (ESCR) as well as on what needs to be changed to address obstacles to guarantee an effective remedy for victims of violations of their socio-economic rights:

  • Jacqueline Dugard
  • Hina Jilani
  • Rodrigo Uprimny Yepes
  • Gilles Badet
  • Alejandra Ancheita (MEA Laureate 2014) and
  • Harsh Mander

To see these short videos made by THF go to: On video: prominent voices from the Geneva Forum 2014 | ICJ.

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