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Human Rights Defenders at the 54th session of the UN Human Rights Council

September 11, 2023

On 6 September 2023 the ISHR published its formidable overview of key issues at the upcoming, 54th session of the UN Human Rights Council (from 11 September – 13 October). I have extracted from it – as ussual [for 53rd see: https://humanrightsdefenders.blog/2023/06/20/human-rights-defenders-issues-at-the-53rd-session-of-the-un-human-rights-council/], the issues most direclty affecting Human Rights defenders

To stay up-to-date: Follow @ISHRglobal and #HRC54 on Twitter/X, and look out for their Human Rights Council Monitor.

Thematic areas of interest

Reprisals

During the 54th session, Ghana, Fiji, Hungary, Ireland and Uruguay will present a draft resolution on cooperation with the UN. ISHR urges all States to support the adoption of a HRC resolution that strengthens the UN’s responses to reprisals.

On 28 September, the Assistant Secretary General for Human Rights, Ilze Brands Kehris, will present the Secretary General’s annual Reprisals Report to the Council in her capacity as UN senior official on reprisals. States raising cases is an important aspect of seeking accountability and ending impunity for acts of reprisal and intimidation against defenders engaging with the UN. It can also send a powerful message of solidarity to defenders, supporting and sustaining their work in repressive environments.

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

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

Other thematic debates

At this 54th session, the Council will discuss a range of civil, political, economic, social and cultural rights and issues through dedicated debates with the:

  1. Special Rapporteur on truth, justice, reparation and guarantees of non-recurrence
  2. Special Rapporteur on contemporary forms of slavery, including its causes and consequences
  3. Working Group on Arbitrary Detention
  4. Working Group on Enforced or Involuntary Disappearances
  5. Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and waste
  6. ID on HC oral update on drivers, root causes and human rights impacts of religious hatred constituting incitement to discrimination, hostility or violence

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

  1. Independent Expert on the enjoyment of all human rights by older persons
  2. Special Rapporteur on the rights of Indigenous Peoples and the Expert Mechanism on the Rights of Indigenous Peoples

Country-specific developments

Afghanistan

The Council will hold an Interactive Dialogue with the Special Rapporteur on Afghanistan on 11 September, and on the OHCHR report on Afghanistan on 12 September, and will consider a resolution on the human rights situation in Afghanistan at this session.

ISHR supports the call of Afghan human rights defenders to the Council to renew the mandate of the Special Rapporteur on the situation of human rights in Afghanistan. We also support the call to establish a parallel independent investigative mechanism in the upcoming September session and to ensure meaningful follow up to the joint report of the Special Rapporteur and the Working Group on discrimination against women and girls, as well as continuation of a dedicated discussion at the Council on the situation of women and girls in Afghanistan. Accountability for widespread human rights violations, including gender apartheid and other crimes against humanity, is imperative to securing sustainable peace and development in the country.

Algeria

We urge States to demand that Algeria, a Council member, end its crackdown on human rights defenders and civil society organisations, amend laws aimed at silencing peaceful dissent and stifling civil society, and immediately and unconditionally release arbitrarily detained human rights defenders and activists, including in the interactive dialogue with the Working Group on arbitrary detention. Since the beginning of the Hirak pro-democracy movement, the Working Group has issued at least 6 decisions of arbitrary detention, highlighting Algerian legislation that is inconsistent with international law, violations of due process and the right to a fair trial, as well as violations to the right to freedom of expression, discrimination based on language, ethnicity and religion. They have also condemned Algeria’s abuse of counter-terrorism legislation. States should call on Algeria to implement the recommendations of the working group.

We also urge States to address the case of reprisals against HRDs Kaddour Chouicha and Jamila Loukil, members of the Algerian League for the Defence of Human Rights (LADDH) before its dissolution by the Algerian authorities. They were prevented from traveling to attend the pre-session organized by UPR-info, a clear case of reprisals against human rights defenders attempting to cooperate with the UPR. Chouicha, Loukil and other HRDs are charged in a criminal case, which includes ‘enrollment in a terrorist or subversive organization active abroad or in Algeria’. They are still awaiting trial as the authorities postponed their court session on 15 June 2023. If convicted of these charges, they face up to twenty years imprisonment.

Bahrain

Civil society organisations, including ISHR, have requested States to urge Bahraini authorities to unconditionally release all those sentenced for their political opinions, including human rights defenders Abdulhadi Al-Khawaja and Abduljalil Al-Singace, and in the meantime, to ensure that they are provided with life-saving medical care to prevent an imminent tragedy. [see also: https://humanrightsdefenders.blog/2023/08/20/500-bahraini-prisoners-on-hunger-strike-over-conditions/]

Burundi

The Council will hold an Interactive Dialogue with the Special Rapporteur on Burundi on 22 September. As serious human rights violations persist in Burundi and the Government has failed to hold per­petrators accountable or take the concerns raised by Burundian and international actors seriously, the Coun­cil should not relax its scrutiny. The Council should extend the Special Rapporteur’s mandate for a further year.

China

31 August marked one year since the release of the groundbreaking OHCHR report finding possible crimes against humanity committed by the Chinese government in Xinjiang. This Council session also marks one year since the failure of the Council, and most of its Council Members, to stand by principle against Beijing’s coercion and promote a dialogue on the human rights of Uyghurs. Since that time, the recommendations of the OHCHR’s report have been echoed by the CERD in its Urgent Action decision on Xinjiang, by the CESCR and CEDAW in their respective Concluding Observations, and by 15 Special Procedures mandates in their seven benchmarks on Xinjiang. Yet, in a surprise visit to the region in August, President Xi Jinping reiterated its hardline policy and called for further efforts to ensure ‘social stability’ and ‘control illegal religious activities’. States should take collective action to urge China to implement key recommendations from the OHCHR Xinjiang report, and from relevant UN Treaty Bodies and Special Procedures, with a focus on root causes of violations that commonly affect Uyghurs, Tibetans, Hong Kongers and mainland Chinese human rights defenders, including the abuse of national security laws and measures.

States should further ask for the prompt release of human rights defenders targeted by the Chinese government’s renewed crackdown on human rights lawyers, including lawyer Lu Siwei at risk of refoulement from Laos, activists Chang Weiping, Ding Jiaxi and Xu Zhiyong, recently convicted to lengthy prison sentences, as well as Yu Wensheng and Xu Yan, detained en route to meet with EU diplomats in Beijing. Ten years after the detention, and subsequent death in custody, of woman human rights defender Cao Shunli on her way to attend China’s UPR in Geneva, the Council must also pierce the veil of impunity for egregious cases of reprisals, and call on China to acknowledge its responsibility, bring perpetrators to justice and provide adequate remedy. [see also: https://humanrightsdefenders.blog/2023/09/05/human-rights-lawyer-gao-zhisheng-and-the-practice-of-enforced-disappearances-joint-letter/]

Egypt

Recent arrests and arbitrary detention of several media figures, dissidents and their family members in Egypt are indicative of the ongoing crackdown on basic freedoms and liberties in the country, and reflect a lack of genuine political will to improve the human rights situation by the Egyptian government. In the last ten years, Egyptian human rights organisations have recorded the enforced disappearance of no less than 3,000 citizens for varying periods of time, death by mistreatment and medical negligence of at least 1,200 people in detention centers, the sexual assault of at least 655 people and their family members, and the extrajudicial killing of more than 750 people. The continued silence on Egypt by States at the Council will only encourage further violations. NGOs continue to urge States to ensure appropriate action on Egypt at the Council though the establishment of a monitoring and reporting mechanisms on the human rights crises in the country. As an immediate step, States should deliver a follow-up joint statement condemning the human rights situation in the country and calling on the Egyptian government to refrain from continuing to carry out wide-spread human rights violations.

Israel/OPT

While Israel rejected all the recommendations on the right of the Palestinian people to self-determination and refugee return made by states during its UPR review, States should reiterate their commitment to putting an end to 75 years of denial of the Palestinian’s people inalienable rights to return and self-determination.

During HRC 53, civil society welcomed the resolution put forward by the OIC to ensure the full implementation of the United Nations database of businesses involved in Israeli’s settlement enterprise in the occupied Palestinian territory. States must ensure that the mandate is implemented in full as it represents a question of credibility to the Council, including by ensuring that the budget adopted in the fifth committee of the General Assembly later this year is in line with the programme budget implications (PBI). 

Russia

The Council will hold an Interactive Dialogue with the Special Rapporteur on the Russian Federation on 21 September. The Council will also be called upon to renew the mandate of the Special Rapporteur (HRC Resolution 51/25). ISHR strongly supports the renewal of the mandate and urges States to oppose Russia’s candidacy to the Human Rights Council.

The human rights situation in Russia continues to deteriorate, while Russia also continues to perpetrate atrocity crimes in Ukraine In recent months, Russia has enacted laws providing immunity against war crimes and crimes against humanity committed in the ‘State’s interests’, intensified its assault against LGBT persons, adopted further measures to repress civil society and silence independent journalists, and continued to arbitrarily imprison human rights defenders. Of further and direct relevance to the Council, Russia adopted a new law on 28 April 2023 which criminalises assistance, cooperation or confidential communications with international bodies, which may include the HRC and its mechanisms. These regressive developments, and the lack of any improvement in the human rights situation in the country, clearly warrant the extension of the mandate of the Special Rapporteur.

With respect to Russia’s candidacy for the Council, ISHR only campaigns against countries based on strict and objective criteria. Russia manifestly fulfils all of these criteria, being a country: (1) responsible for a pattern of reprisals against those who cooperate with the UN; (2) responsible for the repression of civil society (Russia is ranked as ‘closed’ (scoring 17/100 in the Civicus Monitor); and (3) directly responsible for war crimes and crimes against humanity in Ukraine according to the HRC-mandated CoI. On ISHR’s HRC candidate scorecards, Russia scores just 1/20 on objective criteria.

Saudi Arabia

In light of the ongoing diplomatic rehabilitation of crown prince and de facto ruler Mohammed bin Salman, the Saudi authorities’ brazen repression continues to intensify. Some notable recent trends as documented by ALQST include, but are not limited to: the further harsh sentencing against individuals for peaceful social media use, including a death sentence issued against a man for tweets, the prosecution of women such as Manahel al-Otaibi over her choice of clothing and support for women’s rights, the ongoing forcible disappearance of prisoners of conscience including Mohammed al-Qahtani [see: https://www.trueheroesfilms.org/thedigest/laureates/78383825-0b3f-4bca-883a-b81e1baecd09]and Essa al-Nukheifi beyond the expiry of their sentences, and; regressive developments in relation to the death penalty, including a surge in executions (95 individuals were executed in 2023 so far), and several young men at imminent risk of execution for crimes they allegedly committed as minors. Human Rights Watch has documented the brutal massacre of migrants at the Yemen border, in what may amount to further crimes against humanity. ISHR continues to call for States at the Council to adopt a resolution mandating an independent international monitoring and investigative mechanism on massive human rights violations perpetrated in and by Saudi Arabia.

Sudan

On 12 September, the Council will hold Interactive Dialogue on the High Commissioner’s oral update on Sudan.

Sudanese Women Rights Action published a report “laying an overview of the conditions of women’s rights and gender equality in Sudan as an extended crisis started on October 25th, 2021, when the military took over the power in Sudan, ending the transitional period on a bloody note…the report presents verified information about the crises scope, context, and responses from a gender perspective based on the needs on the grounds, the challenges, and the recommended interventions according to local actors and women activists.” ISHR urges the implementation of  the recommendations identified by women activists including to “Pressure both fighting parties to commit to sustainable Ceasefire; Pressure the fighting parties to open humanitarian corridors; Provide urgent funding to the humanitarian aid interventions; Ensure protection and evacuation of women and WHRDs from fighting areas”. Ahead of HRC54, ISHR joined over 110 NGOs in reiterating a call on the Council to establish an independent investigative mechanism on Sudan with a mandate to investigate human rights violations and abuses in Sudan, collect and preserve evidence, and identify those responsible.

Tunisia

We regret that the Council failed to exercise its prevention mandate and address the deteriorating human rights situation in Tunisia during HRC 53, during which the High Commissioner and UN Special Procedures raised alarm at the escalating pattern of human rights violations and the rapidly worsening situation in Tunisia following President Kais Saied’s power grab on 25 July 2021. In the last two years in Tunisia there has been a significant erosion of the rule of law, attacks on the independence of the judiciary, reprisals against independent judges and lawyers and judges associations, a crackdown on peaceful political opposition and abusive use of “counter-terrorism” law in politicised prosecutions, as well as attacks on freedom of expression and threats to freedom of association.

In an open letter against the “Memorandum of Understanding on a Strategic and Comprehensive Partnership between the European Union (EU) and Tunisia” and against the EU’s border externalisation policies, 379 researchers and members of civil society decried the use of vulnerable populations as scapegoats to mask the failures of public policy in Tunisia. While Tunisian authorities were persecuting Black African foreign nationals, including migrants, asylum seekers and refugees – deporting at least 1,200 sub-Saharan nationals to the borders with Libya and Algeria, in inaccessible and militarised desert zones, leaving them abandoned without water and food – the signing of the Memorandum effectively gave Tunisia “a blank check, following a strategy that is all the more irresponsible given its inefficacy”. Unless States tackle “the structural socio-economic causes of so-called irregular migration”, and radically rethink access to mobility, “this security approach to border management will only make crossings more deadly and strengthen smugglers”. Addressing these grave violations cannot be done without also urgently addressing the rule of law crisis in the country.

Venezuela

The UN’s fact-finding mission on Venezuela (FFM) will report to the Council on 25 and 26 September. The Mission will focus on the situation for human rights defenders in the country – an essential focus given the existing and proposed legislation adversely affecting civic space, and the threats and attacks HRDs face. The recent sentencing of 6 union leaders, denounced by UN Special Rapporteurs, is a clear example of the criminalisation of HRDs, as is the continued detention of the HRD Javier Tarazona, since July 2021, and that of many other real or perceived opposition figures. The continuing impunity in regard to the killing of defender Virgilio Trujillo Arana a year ago is an example of how little will exists to prevent attacks against HRDs.

In its first report in 2020, the FFM stated that it had reasonable grounds to believe that crimes against humanity had been carried out in Venezuela, with the principal targets of violations including social activists and political leaders at the forefront of protests. The recommendations made by the FFM at that time have not been implemented. We recall that Venezuela continues to refuse to engage with the FFM or allow it to enter the country.

States must participate in the interactive dialogue with the FFM to highlight the essential role of HRDs; express utmost concern at the ongoing, systematic threats, attacks and restrictions against civic space, and urge the Venezuelan authorities to take immediate steps to implement the recommendations issued by the UN human rights system. States must speak out forcefully in support of the FFM and its work, and encourage other states to do the same. This vital accountability mandate must be supported and its recommendations echoed, so that victims of violations in the country can believe that one day justice will be done.

Other country situations:

The High Commissioner will provide an oral update to the Council on 11 September 2023. The Council will consider updates, reports 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 on the report of the Independent Investigative Mechanism for Myanmar and Interactive Dialogue on the OHCHR report on Myanmar
  • Interactive Dialogue on the report of the High Commissioner on Nicaragua and oral update by the Group of Experts on Nicaragua
  • Interactive Dialogue on the report of the OHCHR on Sri Lanka
  • Interactive Dialogue with the Commission of Human Rights Experts on Ethiopia
  • Interactive Dialogue with the Commission of Inquiry on the Syrian Arab Republic
  • Interactive Dialogue on the interim oral update of the High Commissioner on the situation of human rights in Belarus
  • Interactive Dialogue with the Commission of Inquiry on Ukraine and Interactive Dialogue on the High Commissioner oral update on Ukraine
  • Enhanced Interactive Dialogue on the report of the High Commissioner and experts on the Democratic Republic of Congo
  • Interactive Dialogue on the oral update of OHCHR on technical assistance and capacity-building for South Sudan
  • Interactive Dialogue with the Special Rapporteur on Cambodia and presentation of the Secretary-General’s report
  • Interactive Dialogue with the Independent Expert on Somalia
  • Interactive Dialogue with the Independent Expert on the Central African Republic
  • Interactive Dialogue with the High Commissioner on the interim report on Haiti
  • Presentation of the High Commissioner’s report on cooperation with Georgia
  • Presentation of the High Commissioner’s report on cooperation with Yemen

Council programme, appointments and resolutions

Appointment of mandate holders

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

  1. Special Rapporteur on minority issues
  2. Special Rapporteur on the human rights of migrants
  3. Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism
  4. Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
  5. Working Group on discrimination against women and girls, several members

Resolutions to be presented to the Council’s 54th session

At the organisational meeting on 28 August resolutions were announced (States leading the resolution in brackets):

  1. From rhetoric to reality: a global call for concrete action against racism, racial discrimination, xenophobia and related intolerance (Africa Group)
  2. Technical assistance and capacity-building in the field of human rights in the Democratic Republic of the Congo (Africa Group)
  3. Question of the death penalty (Benin, Belgium, Costa Rica, France, Mexico, Mongolia, Republic of Moldova, Switzerland)
  4. Special Rapporteur on truth, justice, reparation and guarantees of non-recurrence – mandate renewal (Argentina, Morocco, Switzerland)
  5. Human rights and Indigenous Peoples (Guatemala, Mexico)
  6. Special Rapporteur on the situation of human rights in Afghanistan – mandate renewal (EU)   
  7. Special Rapporteur on the situation of human rights in Burundi – mandate renewal (EU)
  8. Working Group on enforced or involuntary disappearances – mandate renewal (Argentina, France, Japan, Morocco)
  9. Implementation of the UN declaration on the rights of peasants and other people working in rural areas (Bolivia)
  10. Technical assistance and capacity-building for Yemen in the field of human rights (Lebanon on behalf of the Arab Group)
  11. Special Rapporteur on Russia – mandate renewal (Luxembourg on behalf of 26 EU countries)
  12. Right to privacy in the digital age (Austria, Brazil, Germany, Liechtenstein, Mexico)
  13. A world of sports free from racism, racial discrimination, xenophobia and related intolerance (Brazil and Africa Group)
  14. Cooperation with the United Nations, its representatives and mechanisms in the field of human rights (Fiji, Ghana, Hungary, Ireland, Uruguay)

The core group on Sudan (Germany, Norway, UK, US) announced that they are considering presenting a resolution on Sudan at this session. The core group on Syria (Germany, France, Italy, Jordan, Netherlands, Qatar, Turkiye, UK, USA) also announced that they are considering presenting a resolution on the human rights situation in Syria.

Read here the three year programme of work of the Council with supplementary information.

Read here ISHR’s recommendations on the key issues that are or should be on the agenda of the UN Human Rights Council in 2023.

https://ishr.ch/latest-updates/hrc54-key-issues-on-agenda-of-september-2023-session/

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

June 20, 2023

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

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

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

Here are some highlights of the session’s thematic discussions

Human rights of migrants

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

Reprisals

..States raising cases is an important aspect of seeking accountability and ending impunity for acts of reprisal and intimidation against defenders engaging with the UN. It can also send a powerful message of solidarity to defenders, supporting and sustaining their work in repressive environments.

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

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

Other thematic reports

At this 53rd session, the Council will discuss a range of civil, political, economic, social and cultural rights through dedicated debates with the mandate holders and the High Commissioner, including:

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

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

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

#HRC53 | Country-specific developments

Afghanistan

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

Algeria

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

China

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

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

Egypt

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

Israel and OPT

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

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

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

Saudi Arabia

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

Nicaragua

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

Russia

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

Sudan

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

Venezuela

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

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

Tunisia

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

Syria

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

Other country situations

The High Commissioner will present the annual report on 19 June. The Council will hold an interactive dialogue on the High Commissioner’s annual report on 20 June 2023. The Council will hold debates on and is expected to consider resolutions addressing a range of country situations, in some instances involving the renewal of the relevant expert mandates. These include:

  • Interactive Dialogue with the Special Rapporteur on Eritrea
  • Interactive Dialogues with the High Commissioner and the Special Rapporteur on Myanmar
  • Interactive Dialogue with the Special Rapporteur on Burundi
  • Interactive Dialogue with the High Commissioner on Ukraine
  • Interactive Dialogue with the Special Rapporteur on Belarus
  • Interactive Dialogue with the Fact-Finding Mission on Iran
  • Interactive Dialogue with the Independent Expert on Central African Republic

Appointment of mandate holders

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

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

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

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

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

Adoption of Universal Periodic Review (UPR) reports

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

Panel discussions

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

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

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

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

https://forum-asia.org/?p=38297

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NGOs call for the release of Mohammed al-Qahtani, detained incommunicado for six months in Saudi Arabia

May 25, 2023

We, the undersigned human rights organisations, call on Saudi authorities to reveal the health condition  of and immediately and unconditionally release prominent Saudi human rights defender and co-founder of the now dissolved Saudi Civil and Political Rights Association (ACPRA)*, Dr. Mohammed al-Qahtani, who has been detained incommunicado for six months. We also call for the immediate and unconditional release of four ACPRA members who remain in arbitrary detention.

Today, 24 April 2023, marks six months since prominent Saudi human rights defender and co-founder of the Saudi Civil and Political Rights Association (ACPRA)* Mohammed al-Qahtani last contacted his family. Since then, the authorities have subjected him to incommunicado detention. Al-Qahtani served his full sentence in November 2022. Five ACPRA members remain imprisoned in reprisal for their peaceful human rights activism: Mohammed al-Qahtani, Essa al-Hamid, Mohammed al-Bajadi, Fawzan al-Harbi, and Abdulaziz al-Shubaili.

Mohammed al-Qahtani was arbitrarily arrested in March 2012 and interrogated regarding his work with ACPRA and his peaceful activism. On 9 March 2013, the Criminal Court in Riyadh sentenced him to 10 years in prison to be followed by a travel ban of equal length on charges including “breaking allegiance to the ruler”, “questioning the integrity of officials”, “seeking to disrupt security and inciting disorder by calling for demonstrations”, and “instigating international organizations against the Kingdom.” The authorities failed to release Al-Qahtani  on 22 November 2022, when he finished serving his prison sentence. However, since 24 October 2022, Saudi authorities have denied him any contact with his family and continue to keep him in incommunicado detention. 

Despite al-Qahtani’s wife making several inquiries about him to al-Ha’ir prison, where al-Qahtani was serving his sentence, prison officers continue to refuse to disclose any information about him. His family has reasons to believe that he has entered into a hunger strike and his health has considerably deteriorated, putting his life at imminent risk. This is not the first time Mohammed al-Qahtani was denied contact with his family. In April 2021, he was held incommunicado after testing positive for Covid-19, raising fears regarding his health and well-being for the duration of his illness. For the past 10 years of imprisonment, security forces  subjected al-Qahtani to inhumane and degrading conditions of detention, and they have also subjected him to torture and ill-treatment, including beatings.

We are all the more concerned about -al-Qahtani’s well-being considering the death of ACPRA co-founder Abdullah al-Hamid in detention on 23 April 2020. Abdullah al-Hamid suffered from hypertension, and his doctor told him three months before he passed away that he needed to undergo heart surgery. He was threatened by prison authorities that if he told his family about his health condition, they would cut his communication with his family. Dr Abdullah al-Hamid had suffered a stroke on 9 April 2020 and remained in detention, despite being in a coma in the intensive care unit at al-Shumaisi Hospital in Riyadh.

Following al-Hamid’s death, the Saudi authorities carried out a wave of arrests against several individuals who expressed sympathy over his passing.

Created in 2009 by 11 human rights defenders and academics, ACPRA was established to promote and protect fundamental rights and freedoms in Saudi Arabia, including through promoting constitutional reforms. While ACPRA was never officially registered by the government, it was formally banned as an organization and dissolved by court order in 2013. As of May 2016, all of its 11 members had been sentenced by the Specialized Criminal Court (SCC) to lengthy prison sentences ranging between seven and 15 years for their human rights activism and cooperation with the United Nations human rights mechanisms.

In light of the above, we, the undersigned organisations, reiterate our call on the Saudi authorities to immediately and unconditionally release Mohammed al-Qahtani and other imprisoned members of ACPRA who are arbitrarily detained solely for their peaceful activism. In the interim, we call on the authorities to disclose the fate and whereabouts of Mohammed al-Qahtani, ensure immediate contact with his family, and provide him with any medical care he may need. Saudi Arabia should ensure a free and enabling environment for all human rights defenders, in order for them to carry out their activities without fear of reprisals and without undue restrictions.See also: https://www.trueheroesfilms.org/thedigest/laureates/78383825-0b3f-4bca-883a-b81e1baecd09

Among the co-founding members of ACPRA, five remain imprisoned today: Dr Mohammed al-Qahtani (sentenced to 10 years in prison followed by a 10-year travel ban. He completed his sentence in November 2022, yet remains in detention incommunicado); Mohammed al-Bajadi (sentenced to four years in prison, four years of suspension followed by a 10-year travel ban, and currently detained since May 2018); Abdulaziz al-Shubaili (sentenced to eight years in prison followed by an eight-year travel ban); Fowzan al-Harbi (sentenced to 10 years in prison followed by a 10-year travel ban); Essa al-Hamid (sentenced to 11 years in prison, followed by an 11-year travel ban). Sheikh Sulaiman al-Rashudi (sentenced to 15 years in prison and a 15-year travel ban. He was released in April 2018 for medical reasons; Abdulkarim al-Khodr (sentenced to 10 years in prison, followed by a 10-year travel ban. He was released in January 2023 upon the completion of his sentence but remains subject to the travel ban);  Abdulrahman al-Hamid sentenced to 9 years in prison, followed by a 9-year travel ban. He was released in January 2023 upon the completion of his sentence but remains subject to a travel ban); Dr Abdullah al-Hamid (sentenced to 11 years in prison followed by an 11-year travel ban), passed away on 23 April 2020 in custody. Abdullah al-Hamid and Mohammed al-Qahtani, alongside Waleed Abu al-Khair, have received the Right Livelihood Award in November 2018.

Signatories:

  • MENA Rights Group
  • Right Livelihood
  • ALQST
  • International Service for Human Rights (ISHR)
  • Americans for Democracy & Human Rights in Bahrain (ADHRB)
  • European Center for Democracy and Human Rights (ECDHR)
  • European Saudi Organization for Human Rights (ESOHR)
  • Freedom Initiative
  • Human Rights Foundation (HRF)
  • HuMENA for Human Rights and Civic Engagement
  • Gulf Centre for Human Rights (GCHR)
  • Amnesty International
  • International Federation for Human Rights (FIDH), in the framework of the Observatory for the Protection of Human Rights Defenders
  • World Organisation Against Torture (OMCT), in the framework of the Observatory for the Protection of Human Rights Defenders
  • Democracy for the Arab World Now (DAWN)
  • Human Rights First
  • Action des Chrétiens pour l’abolition de la torture (ACAT France)

See the full Joint Statement here.

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Ronaldo vs Messi in sports washing: 1 – 0

May 16, 2022
Lionel Messi. Editorial credit: Asatur Yesayants / Shutterstock.com

In January 2021 I happily reported that Ronaldo rejected an offer of reportedly €6m per year to feature in commercial campaigns and visit the country. I added that Lionel Messi also received an offer from Saudi Arabia, but like his great rival didn’t accept.

Cristiano Ronaldo and Lionel Messi resist big-money to advertise for Saudi Arabia

According to 5Pillars (RMS) this turned out to be premature. The Argentina and Paris Saint Germain football superstar Lionel Messi was unveiled as the new tourism ambassador for Saudi Arabia. Messi visited Jeddah’s historic area on Tuesday to showcase the country’s ambitions to boost its tourism industry. Messi landed in the Kingdom on 9 May, Monday night and was welcomed by Tourism Minister Ahmed Al-Khateeb.

“I am happy to welcome Lionel,” said Al Khateeb. “We are delighted to have him explore the treasure of the Red Sea, the Jeddah station and our ancient history. This is not his first visit to the Kingdom and it will not be his last.” He was then hosted and accompanied by Princess Haifa Al-Saud, assistant minister of tourism….

The player himself posted an image of himself in Saudi Arabia on Instagram. “Discovering the Red Sea in Saudi. #VisitSaudi” wrote Messi.

But Amnesty International said: “Saudi Arabia’s General Entertainment Authority may well have plans to attempt to rebrand the Kingdom’s reputation, but we should not forget the cruelty that continues in the country.

“Saudi Arabia is currently jailing and torturing dissidents and human rights defenders, is heavily involved in the indiscriminate bombing of hospitals and homes in Yemen, and the spectre of Jamal Khashoggi’s gruesome murder hangs over the entire Saudi government.

“Countries like Saudi Arabia are well aware of the ‘sport swashing’ value of hosting major international entertainment and sporting events.” For some of my earlier posts on sports washing, see: https://humanrightsdefenders.blog/tag/sports-washing/

BUT THEN on 4 January 2023, the Guardian reported that:

Cristiano Ronaldo’s praise for Saudi Arabia – calling his new hosts an “amazing country” – on arrival at his new club Al Nassr has prompted Amnesty International to call on the former Manchester United player to use his celebrity to highlight the kingdom’s “appalling” human rights record. The 37-year-old arrived in Saudi Arabia on Tuesday after signing a deal reportedly worth £177m a year until 2025, making him the highest-paid footballer in history.

Ronaldo said: “I had many opportunities … many clubs tried to sign me but I gave my word to this club to develop not only the football but other parts of this amazing country. I want to give a different vision of this club and country. This is why I took this opportunity.”Cristiano Ronaldo receives rapturous welcome from Al Nassr fans – video

Amnesty’s Middle East researcher Dana Ahmed said: “Cristiano Ronaldo shouldn’t allow his fame and celebrity status to become a tool of Saudi sportswashing – he should use his time at Al Nassr to speak out about the myriad human rights issues in the country.”

https://www.theguardian.com/football/2023/jan/04/amnesty-international-christian-ronaldo-human-rights-saudi-arabia

Lionel Messi unveiled as new Saudi Arabia tourism ambassador

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Premier League Football and human rights: continuing saga

March 25, 2022
Newcastle United players warm up before the Premier League match at the Amex Stadium, Brighton, United Kingdom on July 20, 2020.
Newcastle United players warm up before the Premier League match at the Amex Stadium, Brighton, United Kingdom on July 20, 2020. © 2020 AP Images

The English Premier League should immediately adopt and implement human rights policies that would prohibit governments implicated in grave human rights abuses from securing stakes in Premier League clubs to whitewash their reputations, Human Rights Watch said 0n 23 March 2022. The ban should be extended to state entities that they control, abusive state leaders, and individuals funding or otherwise assisting in serious abuses. See also: https://humanrightsdefenders.blog/2020/08/07/human-rights-compliance-test-for-football-clubs/

On March 14, 2022, media reported that a consortium led by a Saudi media group closely connected to the Saudi government had expressed interest in purchasing Chelsea Football Club. This reinforces the urgent need for the Premier League to adopt policies to protect clubs and their supporters, before any sale takes place, from being implicated in efforts to whitewash rights abuses. The Premier League’s approval of the sale of Newcastle United to a business consortium led by the Saudi Arabia’s Public Investment Fund (PIF), a government-controlled entity implicated in serious human rights abuses, was conducted in an opaque manner and without any human rights policy in place. The Premier League should reconsider the approval of the Newcastle United sale. [see also: https://humanrightsdefenders.blog/2020/01/30/newcastles-takeover-bid-from-saudi-arabia-welcomed-by-many-fans-but-it-remains-sportswashing/]

“Allowing Newcastle United to be sold to a business consortium led by Saudi Arabia’s sovereign wealth fund, an institution chaired by a state leader linked to human rights abuses, has exposed the farcical inadequacies of the Premier League’s Owners and Directors Test,” said Yasmine Ahmed, UK advocacy director at Human Rights Watch. “As another consortium with Saudi government links eyes acquiring Chelsea, the Premier League should move fast to protect the league and its clubs from being a fast-track option for dictators and kleptocrats to whitewash their reputations.”

Human Rights Watch wrote to the Premier League CEO, Richard Masters, on March 15, to express concerns over the Newcastle United decision and to raise further concerns about the involvement of Saudi Arabia’s Public Investment Fund in facilitating human rights abuses.

The October 7, 2021 Premier League statement announcing the sale said that the league had “received legally binding assurances that the Kingdom of Saudi Arabia will not control Newcastle United Football Club.” The league did not disclose what these assurances were, nor explain how they would be legally binding. Instead, the Premier League appears to have acquiesced to the notion that the Public Investment Fund is separate from the Saudi state, even though its chairman is the de facto Saudi ruler, Crown Prince Mohammed bin Salman, its board members are nearly all currently serving ministers and other high-level officials, and it is a sovereign wealth fund that reports to the government’s Council of Economic and Development Affairs…

Human Rights Watch has significant concerns around the role of the investment fund itself in facilitating human rights abuses. Human Rights Watch wrote to the fund’s governor, Yasir al-Rumayyan, who, according to a LinkedIn page attributed to al-Rumayyan and various media reports, was managing director of the fund between 2015 and 2019, on December 21, 2021, and again on March 15 requesting his response to allegations of serious human rights violations associated with the fund. He has not responded. Al-Rumayyan is also Newcastle United’s new nonexecutive chairman.

Human Rights Watch has reviewed internal Saudi government documents submitted to a Canadian court as part of an ongoing legal claim filed by a group of Saudi companies against a former intelligence official. The documents showed that in 2017, one of Mohammed bin Salman’s advisers ordered al-Rumayyan, then the fund’s “supervisor,” to transfer 20 companies into the fund as part of an anti-corruption campaign. There is a risk that these companies were “transferred” from their owners without due process.

..

The Premier League has a responsibility to respect human rights throughout all its operations. The UN Guiding Principles on Business and Human Rights sets out these responsibilities, including the expectation that businesses will adopt specific policies and conduct due diligence to identify any risks of contributing to human rights harm. Such harm may include conferring reputational benefits that help cover up human rights abuses. The Premier League’s handbook does not include human rights under its “owners and directors test,” even though ownership of prominent football clubs by state entities or individuals close to state leaders is on the rise throughout Europe. This gap has allowed Saudi Arabia to employ its “sportswashing” strategy in the Premier League.

On March 3, the Premier League said it was considering adding a human rights component to its owners’ and directors’ test as it reviews its governance and regulations, and Masters told the Financial Times that this had come under “a lot of scrutiny” and league officials were looking to see if “we need to be more transparent and whether those decisions should be approved by an independent body.” The Premier League should also investigate the allegations of involvement of the fund’s and al-Rumayyan’s involvement in abuses, including Khashoggi’s murder, and publish its findings.
 
Potential purchase of Chelsea FC by Saudi-led consortium
The Saudi-led consortium that has reportedly made a £2.7bn bid to purchase Chelsea is being spearheaded by the Saudi Research and Media Group (SRMG), one of the largest publishing companies in Middle East, headed by a prominent Saudi media executive, Mohammed al Khereiji. The company owns more than 30 media outlets including Asharq Al-Awsat, Asharq News, and Arab News – media outlets with an apparently pro-Saudi government bias – and has its headquarters in Saudi Arabia where there are almost no independent media. Al- Khereiji is the only name mentioned in any reports regarding the Chelsea bid, and it is unclear who else is involved in the consortium.

While the media company has reportedly gone out of its way to deny any direct links to the Saudi government, it has repeatedly been reported that the group has longstanding close ties to former and current Saudi rulers. Between 2002 and 2015, three of King Salman’s sons chaired it. The position was then filled by Prince Badr bin Abdullah bin Mohammed bin Farhan, who is reported to have close ties to Crown Prince Mohammed bin Salman, until 2018, when he was appointed culture minister. Prince Badr is also chairman of the Misk Art Institute, a subsidiary of the crown prince’s non-profit Misk Foundation.

In 2020, Al-Khereiji who holds several high-level positions, was appointed board chairman of MBC Media Solutions, a commercial advertising and sales unit created in partnership between MBC Group, a media conglomerate owned by the Saudi government, and Engineer Holding Group (EGH), the media company’s parent company which al-Khereiji also heads.

Given how closely connected the media company is to Saudi state-controlled entities, how little independence the Saudi-based media outlets under its control have, and how much influence it wields – it claims it has a combined monthly reach of 165 million people – it contributes heavily to promoting the image of the Saudi government.  

“The Saudi government has gone all-out in the past years to bury its human rights abuses under public spectacles and sporting events,” Ahmed said. “Until there is real accountability for these abuses by the Saudi leadership, those silently benefiting from the kingdom’s largess risk being an accomplice in whitewashing their crimes.”

https://www.hrw.org/news/2022/03/23/english-premier-league-urgently-adopt-human-rights-policy

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Saudi human rights defender Raif Badawi freed after 10 years!

March 12, 2022

On Friday 11 March 2022, AFP reported that Saudi blogger Raif Badawi has been released from prison in Saudi Arabia after serving a 10-year sentence for advocating an end to religious influence on public life.

“Raif called me. He is free,” his wife, Ensaf Haidar, who lives in Canada with their three children and had been advocating for his release, told AFP. Badawi’s release was also confirmed by a Saudi security official who said on condition of anonymity that Badawi “was released today”. “I jumped when I found out. I couldn’t believe it. I can’t wait to see my dad, I’m so excited,” one of his daughters, Nawja Badawi, 18, told AFP. Badawi’s son Terad Raif Badawi tweeted: “After 10 years my father is free!”

Badawi won 5 international awards according to THF’s digest: https://www.trueheroesfilms.org/thedigest/laureates/33454B83-61A6-180A-27D6-7FFDEC25D330

“Raif Badawi, human rights defender in Saudi Arabia, has finally been released!” Amnesty International tweeted. “Thousands of you have mobilized alongside us in the defense of Raif Badawi for 10 years. A big thank you to all of you for your tireless support.”

Every Friday for almost seven years, Haidar – who fled to Canada after Badawi’s arrest and has since become a Canadian citizen – had held a public vigil for him. Quebec has paved the way for Raif Badawi to come to the country if he chooses by placing him on a priority list of possible immigrants for humanitarian reasons.

No details of his release conditions were immediately available. But Amnesty noted that the Saudi blogger could still face a 10-year ban on all travel outside Saudi Arabia following his release.

Raif Badawi’s sister, Samar Badawi, as well as activist Nassima al-Sadah, released in 2021, remain stranded in the kingdom. See also: https://humanrightsdefenders.blog/2016/01/13/saudi-arabia-arrest-of-human-rights-defender-samar-badawi/

https://www.theguardian.com/world/2022/mar/11/raif-badawi-saudi-blogger-freed

https://mailchi.mp/hrf.org/hrf-welcomes-release-of-saudi-writer-and-activist-raif-badawi?e=f80cec329e

Posted in Amnesty international, awards, human rights, Human Rights Defenders | Leave a Comment »
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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

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 undermine the UN human rights system.

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.

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. See also: https://humanrightsdefenders.blog/tag/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: 

  1. 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); 
  2. The Special Rapporteur on the promotion and protection of human rights in the context of climate change; 
  3. The Special Rapporteur on the situation of human rights in Afghanistan; 
  4. The Special Rapporteur on the situation of human rights in Burundi; 
  5. The Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967; 
  6. A member of the Working Group on Arbitrary Detention, from Western European and other States; 
  7. A member of the Working Group on Enforced or Involuntary Disappearances, from Asia-Pacific States; 
  8. A member of the Working Group on the issue of human rights and transnational corporations and other business enterprises, from Asia-Pacific States;
  9. 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):

  1. Human rights of persons belonging to minorities (Austria, Mexico, Slovenia)
  2. 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) 
  3. 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) 
  4. Cultural rights (Cuba)
  5. The negative impact of unilateral coercive measures on the enjoyment of human rights (Azerbaijan on behalf of NAM)
  6. Right to work (Egypt, Greece, Indonesia, Mexico, Romania)
  7.  Situation of human rights in the Islamic Republic of Iran – mandate renewal (Iceland, Moldova, North Macedonia, UK) 
  8. Rights of the child (GRULAC and EU)
  9. Human rights defenders (Norway)
  10. 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)
  11. Situation of human rights in the Syrian Arab Republic – mandate renewal (France, Germany, Italy, Jordan, Kuwait, Netherlands, Qatar, Turkey, UK, USA)
  12. Situation of human rights in South Sudan – mandate renewal (Albania, Norway, USA, UK)
  13. Mandate of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism – mandate renewal (Mexico)
  14. Prevention of genocide (Armenia)
  15. Situation of human rights in Belarus – mandate renewal (EU)
  16. Situation of human rights in the Democratic People’s Republic of Korea (DPRK)- mandate renewal (EU) 
  17. Situation of human rights in Myanmar – mandate renewal (EU)
  18. Freedom of religion or belief (EU)
  19. Technical assistance and capacity-building for Mali in the field of human rights (Africa Group)
  20. Technical assistance and capacity-building for South Sudan (Africa Group) 
  21. 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.

See also: https://humanrightsdefenders.blog/2021/10/19/48th-session-of-the-human-rights-council-outcomes/

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 »
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It is not just NSO – Loujain Al-Hathloul sues Spyware Maker DarkMatter

December 17, 2021
Laptop with broken screen

As announced on 9 December 2021, the Electronic Frontier Foundation (EFF) has filed a lawsuit to on behalf of Saudi human rights defender Loujain Al Hathloul against spying software maker DarkMatter and three of its former executives for illegally hacking her iPhone to secretly track her communications and whereabouts.

AlHathloul is among the victims of an illegal spying program created and run by former U.S. intelligence operatives, including the three defendants named in the lawsuit, who worked for a U.S. company hired by United Arab Emirates (UAE) in the wake of the Arab Spring protests to identify and monitor activists, journalists, rival foreign leaders, and perceived political enemies.

Reuters broke the news about the hacking program called Project Raven in 2019, reporting that when UAE transferred the surveillance work to Emirati firm DarkMatter, the U.S. operatives, who learned spycraft working for the National Security Agency and other U.S. intelligence agencies, went along and ran DarkMatter’s hacking program, which targeted human rights activists like AlHathloul, political dissenters, and even Americans residing in the U.S.

DarkMatter executives Marc Baier, Ryan Adams, and Daniel Gericke, working for their client UAE—which was acting on behalf of the Kingdom of Saudi Arabia (KSA)—oversaw the hacking project, which exploited a vulnerability in the iMessage app to locate and monitor targets. Baier, Adams, Gericke, all former members of U.S. intelligence or military agencies, designed and operated the UAE cybersurveillance program, also known as Project DREAD (Development Research Exploitation and Analysis Department), using malicious code purchased from a U.S. company.

Baier, who resides in UAE, Adams, a resident of Oregon, and Gericke, who lives in Singapore, admitted in September to violating the Computer Fraud and Abuse Act (CFAA) and prohibitions on selling sensitive military technology under a non-prosecution agreement with the U.S. Justice Department.

“Companies that peddle their surveillance software and services to oppressive governments must be held accountable for the resulting human rights abuses,” said EFF Civil Liberties Director David Greene. “The harm to Loujain AlHathloul can never be undone. But this lawsuit is a step toward accountability.”

AlHathloul is a leader in the movement to advance the rights of women in Saudi Arabia [see also: https://www.trueheroesfilms.org/thedigest/laureates/1a6d84c0-b494-11ea-b00d-9db077762c6c].


DarkMatter intentionally directed the code to Apple servers in the U.S. to reach and place malicious software on AlHathloul’s iPhone, a violation of the CFAA, EFF says in a complaint filed in federal court in Oregon. The phone was initially hacked in 2017, gaining access to her texts, email messages, and real-time location data. Later, AlHathloul was driving on the highway in Abu Dhabi when she was arrested by UAE security services, and forcibly taken by plane to the KSA, where she was imprisoned twice, including at a secret prison where she was subject to electric shocks, flogging, and threats of rape and death.

“Project Raven went beyond even the behavior that we have seen from NSO Group, which has been caught repeatedly having sold software to authoritarian governments who use their tools to spy on journalists, activists, and dissidents,” said EFF Cybersecurity Director Eva Galperin. “Dark Matter didn’t merely provide the tools; they oversaw the surveillance program themselves.“

While EFF has long pressed for the need to reform the CFAA, this case represents a straightforward application of the CFAA to the sort of egregious violation of users’ security that everyone agrees the law was intended to address.

“This is a clear-cut case of device hacking, where DarkMatter operatives broke into AlHathloul’s iPhone without her knowledge to insert malware, with horrific consequences,” said Mukund Rathi, EFF attorney and Stanton Fellow. “This kind of crime is what the CFAA was meant to punish.” In addition to CFAA violations, the complaint alleges that Baier, Adams, and Gericke aided and abetted in crimes against humanity because the hacking of AlHathloul’s phone was part of the UAE’s widespread and systematic attack against human rights defenders, activists, and other perceived critics of the UAE and KSA.

The law firms of Foley Hoag LLP and Boise Matthews LLP are co-counsel with EFF in this matter.

EFF also welcomed the Ninth Circuit Court of Appeals’ recent ruling that spyware vendor NSO Group, as a private company, did not have foreign sovereign immunity from WhatsApp’s lawsuit alleging hacking of the app’s users. Courts should similarly deny immunity to DarkMatter and other surveillance and hacking companies who directly harm Internet users around the world.

For the complaint:
https://www.eff.org/document/alhathloul-v-darkmatter

For more on state-sponsored malware:
https://www.eff.org/issues/state-sponsored-malware Contact: Karen Gullo

https://www.eff.org/press/releases/saudi-human-rights-activist-represented-eff-sues-spyware-maker-darkmatter-violating

https://www.eff.org/deeplinks/2021/12/eff-court-deny-foreign-sovereign-immunity-darkmatter-hacking-journalist

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Justin Bieber urged to cancel performance in Saudi Arabia

November 11, 2021

On December 5, 2021, Canadian pop star Justin Bieber is scheduled to perform at the Formula 1 STC Saudi Arabian Grand Prix 2021, a state-sponsored music festival funded by Crown Prince Mohammed bin Salman (MBS). The Human Rights Foundation (HRF) has contacted Mr. Bieber and his team, urging him to cancel his performance and refuse the Kingdom’s efforts to whitewash its appalling human rights record. Instead, HRF has asked him to use his global influence to issue a statement in support of human rights in Saudi Arabia, just as his colleague Nicki Minaj did when she cancelled her 2019 performance in Saudi Arabia, following a letter from HRF.

“It would be disastrous for Justin Bieber, an artist with a vast global following, and who is idolized by millions, to be used as a pawn by MBS’ murderous regime,” said HRF President Céline Assaf-Boustani. “Instead of giving into MBS’ plot to launder his image, as other artists have done since MBS’ ascent to power, Mr. Bieber should follow the lead of his fellow artist Nicki Minaj, who boldly shut down MBS and refused to perform for him.”

Saudi Arabia is not a democracy. It is an absolute monarchy whose de facto dictator, MBS, brutally silences anyone who dares to criticize his policies or calls for reform. Since the beginning of his rule in 2017, MBS has spearheaded a brutal crackdown on dissidents, many of whom have been harassed, arbitrarily detained, sentenced, and tortured to death. Among the groups that his crackdown has targeted are women, who are treated like second-class citizens, the LGBTQ+ community, and other minority groups.

Should he follow through with the performance, Mr. Bieber, who has shown support for the LGBTQ+ community throughout his career, will be profiting off a regime that executes LGBTQ+ individuals for the “crime” of being who they are. In April 2019, for example, five gay men were beheaded after they confessed to crimes under torture. Mr. Bieber has also supported the Black Lives Matter movement and the advancement of civil rights and social justice in the United States, indicating that he wants to use his artistic gifts to “serve this planet and each other,” and to help those who feel helpless in the face of “suffering, injustice, and pain.” 

“As someone who has articulated a commitment to civil rights and social justice, Mr. Bieber should stay true to his words and use his platform to raise awareness about the atrocities being perpetrated every day in Saudi Arabia, especially against members of the LGBTQ+ community,” added Assaf-Boustani. “This performance would stand in stark contrast to the core values he claims to subscribe to. Music is not just a business, but also an influential art form that should not be purchased by a brutal dictatorship.”

The Formula 1 event at which Justin Bieber is scheduled to perform, is one of many events that is integral to the Saudi regime’s “Vision 2030” plan. Vision 2030 is a massive undertaking designed to project an image of modernism and prosperity to the rest of the world, and a critical component of it includes the funding of sporting and entertainment industries. This plan, along with a major public relations campaign abroad, has the clear intention of whitewashing the crimes of MBS’ dictatorship, and preventing any form of democratic reforms from taking hold in the country. See also: https://humanrightsdefenders.blog/2021/01/25/cristiano-ronaldo-and-lionel-messi-resist-big-money-to-advertise-for-saudi-arabia/ and https://humanrightsdefenders.blog/2021/05/12/more-sports-washing-with-anthony-joshua-and-tyson-fury-clash-set-for-saudi-arabia-in-august/

HRF also sent letters to A$AP Rocky, David Guetta, Tiësto, Jason Derulo, and Mohamed Hamaki regarding their participation in the event.

Read HRF’s letter to Justin Bieber

https://mailchi.mp/hrf.org/hrf-to-justin-bieber-cancel-performance-in-saudi-arabia?e=f80cec329e

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Abdul Rahman Al-Shamiri, after 15 years, released in Saudi Arabia

September 28, 2021

Abdul Rahman Al-Shamiri [m3takl/Twitter]Abdul Rahman Al-Shamiri

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On 24 September 2021 the Middle East Monitor reported that the ALQST and the Prisoners of Conscience Twitter account quoted sources as saying that Al-Shamiri was released “following the expiry of his sentence.”

Al-Shamiri is a retired Saudi academic who worked at Umm Al-Qura University, he was also a consultant in the kingdom’s Shura Council for years.

He was arrested in 2007, and sentenced to a 15-year prison term on charges including “disobeying the ruler”.

In December 2003, Al-Shamiri was one of the signatories of a reform document sent to the Saudi monarch at the time, King Abdullah Bin Abdulaziz, demanding Saudis be allowed to participate in the political system. The document was followed by others, including one which demanded the release of three rights defenders, including the late Abdullah Al-Hamid.

Saudi Arabia releases prominent rights advocate after 15 years in prison

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