Posts Tagged ‘Special Rapporteur on Human Rights Defenders’

Mary Lawlor takes up post as UN special rapporteur for human rights defenders

May 7, 2020

Mary Lawlor

Mary Lawlor

Mary Lawlor takes up her post as UN special rapporteur for human rights defenders, reportes the Irish Legal on 6 May 2020 [see also: https://humanrightsdefenders.blog/2020/03/16/good-breaking-news-mary-lawlor-the-new-un-special-rapporteur-for-human-rights-defenders/].  In spite of all the (sometimes understandable) criticism of the UN and its procedures, I would like to put on record that in my view the UN has made excellent appointments when it comes the big majority of special rapporteurs and espescially with regard to this mandate for human rights defenders which originated in 2000.

Mary Lawlor

Ms Lawlor has decades of experience in human rights, having helped to grow Irish-based NGOs as a previous director of Amnesty International in Ireland and a founder of Front Line Defenders (FLD). She led FLD from 2001 until her retirement in 2016, overseeing its growth to become a global organisation providing resources for the protection and security of human rights defenders (HRDs) at risk. Ms Lawlor helped spearhead civil society efforts to bring the EU Guidelines on Human Rights Defenders into effect and became a recognised leader in focusing on attention on the unique protection needs of HRDs. Congratulating Ms Lawlor on her appointment, Tánaiste and Foreign Affairs Minister Simon Coveney said: “Mary has been a tireless advocate for human rights for over 40 years both in Ireland and overseas. “This appointment is deserving recognition of her work and that of the organisation she founded – Front Line Defenders – supporting human rights defenders at risk around the world.

 

https://www.irishlegal.com/article/mary-lawlor-takes-up-post-as-un-special-rapporteur-for-human-rights-defenders

Michel Forst in his latest and last report to the Council focuses on HRDs in conflict zones

March 5, 2020

 Human rights defenders working in conflict and post-conflict situations should enjoy greater recognition, protection and support for their work, said Michel Forst, UN Special Rapporteur on the situation of human rights defenders, in his latest report presented to the Human Rights Council on 4 March 2020. It is also his last report since he is leaving the position [https://humanrightsdefenders.blog/2019/11/08/michel-forst-in-last-address-to-general-assembly-pleads-to-fight-reprisals/]

Defenders in conflict settings are courageous men and women who provide emergency relief, ensure access to civilians and document civilian casualties and violations of international law,” he sais, “In post-conflict settings, they may help claiming back the homes of displaced people and challenge impunity. Some are children calling for peace and equal access to education.” “In too many cases their contributions go unnoticed, while they face multiple threats to their safety due to conflict related insecurity or the very nature of their work, for example when they denounce violations committed by warring parties. Women defenders are particularly exposed to gender based violence, including sexual violence”.

According to his report, defenders in conflict and post-conflict situation face serious restrictions on their freedom of expression and freedom of assembly. Their activities are restricted in the name of national security, public order and counter-terrorism; or through obstacles such as NGO registration, access to funding, suspension of online communications and cyber-attacks. Journalist and NGO staff members face arrest and criminal charges for denouncing human rights violations.

More countries have recently experienced violent conflict than at any point in the last thirty years. Human rights defenders operating in these situations of intense pressure are too often solely responsible for their own protection,” the UN expert said.

https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25654&LangID=E

Renewal of the UN Special Rapporteur on Human Rights Defenders crucial

February 29, 2020

At the 43rd session of the Human Rights Council, States will consider a resolution extending for three years the mandate of the Special Rapporteur on the situation of Human Rights Defenders. Civil society organisations from across the world are calling on all States to support the consensus renewal of the mandate, and to resist any attempt to undermine the mandate and States’ obligations. This is a key opportunity for States and the Council to demonstrate their support and recognition for the indispensable role defenders play to ensure that all people enjoy freedom, dignity, justice and equality. Despite their vital contribution, both some governments and non-State actors are still seeking to silence defenders as they expose injustices and demand accountability for all.

The mandate of the Special Rapporteur on the situation of human rights defenders is integral to their protection and recognition, globally. It gathers and responds to information on the situation of defenders around the world, engages constructively with governments and non-State actors and provides expert recommendations to promote the effective implementation of the Declaration on human rights defenders (‘the Declaration’).  See also: https://humanrightsdefenders.blog/2019/09/11/what-should-michael-forsts-successor-as-rapporteur-on-hrds-look-like/

In 2019, the Human Rights Council and the General Assembly supported the vital work of defenders. The Human Rights Council recognised the critical role of environmental human rights defenders in protecting natural ecosystems, addressing climate change, attaining the sustainable development goals (SDGs). The General Assembly passed by consensus a resolution focusing on implementation of the Declaration and some key elements of protection policy; the resolution also attracted a record number of co-sponsors.

More than 50 Civil society organisations from across the world are calling on all States to support the extension of the mandate of the Special Rapporteur by:

  • Participating positively in the negotiations on the resolution,
  • Presenting early co-sponsorship of the text,
  • Resisting any attempts to dilute the mandate or State obligations, and
  • Supporting consensus renewal of the mandate.

https://www.ishr.ch/news/hrc43-support-consensus-renewal-un-special-rapporteur-human-rights-defenders

Human Rights Defenders issues on the agenda of 43rd Human Rights Council

February 24, 2020

On 17 February 2020 the International Service for Human Rights (ISHR) published – as usual – its excellent “HRC43 | Key issues on agenda of March 2020 session”. Here some excerpts that relate directly to human rights defenders in the 43rd session of the UN Human Rights Council, which runs from 24 February to 20 March 2020.  If you want to stay up-to-date: with all issues follow @ISHRglobal and #HRC43 on Twitter.

Here are some highlights of the session’s thematic discussions

Protection of human rights defenders including women human rights defenders. The Council will consider a resolution, presented by Norway, to renew the mandate of the Special Rapporteur on the situation of human rights defenders. The mandate gathers and responds to information on the situation of defenders around the world, engages constructively with governments and non-State actors and provides recommendations to promote the effective implementation of the Declaration on human rights defenders. In 2019, the Council and the General Assembly unanimously affirmed the vital work defenders play. The Council recognised the critical role of environmental human rights defenders in protecting vital ecosystems, addressing climate change, attaining the sustainable development goals (SDGs). The General Assembly passed by consensus a resolution focusing on implementation of the Declaration and some key elements of protection policy; the resolution also attracted a record number of co-sponsors. The Special Rapporteur on the situation of human rights defenders will present his report on human rights defenders operating in conflict and post-conflict situations on 4 March, and country visits to Colombia and Mongolia.

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. [for some of my ealrier posts on reprisals, see: https://humanrightsdefenders.blog/tag/reprisals/]. During the 42nd session, the Council adopted a resolution which listed key trends such as the patterns of reprisals, increasing self-censorship, 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 and to report back to it on how they are preventing reprisals, both online and offline. [see also: https://humanrightsdefenders.blog/2019/11/08/michel-forst-in-last-address-to-general-assembly-pleads-to-fight-reprisals/]. Item 5 of the Human Rights Council’s agenda provides a key opportunity for States to raise concerns about 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.

At this 43rd session, the Council will discuss a range of economic, social and cultural rights in depth through dedicated debates with mandate holders alongside the annual report of the Secretary-General on the realisation of economic, social and cultural rights globally. These include interactive dialogues with the following:

  • The Special Rapporteur on the right to adequate housing on her annual report and country visits reports to Nigeria and France.
  • The Special Rapporteur in the field of cultural rights on her annual report on cultural rights defenders and country visit report to the Maldives and Poland.
  • The Special Rapporteur on human rights and the environment on his annual report and country visits to Fiji and Norway.

The Council will discuss a range of civil and political rights through dedicated debates with the mandate holders, including interactive dialogues with:

  • The Special Rapporteur on torture on his annual report and visit to Comoros.
  • The Special Rapporteur on freedom of religion or belief on his annual report and visits to the Netherlands and Sri Lanka.
  • The Special Rapporteur on the promotion and protection of human rights while countering terrorism on her annual report and visit to Kazakhstan.
  • The Special Rapporteur on the right to privacy on his annual report.

Country-specific developments

China Confronted with mounting evidence of serious human rights violations in China, specifically the mass internment, ‘re-education’, surveillance and harassment of Turkic Muslims in the western province of  Xinjiang, the view of many parts of the UN is incontrovertible. Beginning with a major UN review in August 2018, the UN High Commissioner has pressed for access, while the Special Procedures have expressed serious concerns about protection of freedom of religious belief, the impacts of counter-terrorism and counter-extremism measures, and the imposition of the death penalty in at least one case, that of university president Tashpolat Tiyip. In light of these concerns and the continued deterioration of the situation for human rights lawyers and defenders; the attacks on cultural rights and other freedoms in Tibet; and criminalisation of peaceful assembly and excessive use of police force in Hong Kong, it is high time for the Council to act. Member States should take concrete steps to call for independent, expert monitoring and reporting on the situation in Xinjiang, including access to the region, and urge accountability for actions by public authorities. [see also: https://humanrightsdefenders.blog/2019/07/12/joint-letter-by-22-states-to-human-rights-council-re-chinas-uighurs/ and https://humanrightsdefenders.blog/2019/07/20/china-coalition-anti-human-rights-un/]

Saudi Arabia The Council’s action on Saudi Arabia has contributed to the provisional release of at least seven women’s rights activists from detention. However, they are still facing trial and many remain in detention. Recent revelations of phone hacking, surveillance and possible blackmail and extortion of the owner of the Washington Post demonstrate the measures that the State is prepared to take to silence any form of criticism or dissent. The joint statement delivered by Australia in September sets out benchmarks for the Saudi government to take to demonstrate its willingness to improve the human rights situation. These benchmarks have not been met. States should ensure that Council scrutiny is maintained and in particular establish a monitoring and reporting mechanism over the situation. [for other posts on Saudi Arabia, see: https://humanrightsdefenders.blog/tag/saudi-arabia/]

Egypt The lack of action by the international community has emboldened the Egyptian government to continue to violate fundamental rights of its citizens. Special Procedures have rung the alarm bell regarding the pattern of reprisals against individuals and groups who sought to or engaged with the UN. In the last quarter of 2019 alone, more than 3,000 people were arbitrarily arrested and prosecuted under counter-terrorism laws in a nationwide crackdown against all forms of peaceful expression. The Committee against Torture has found that torture in Egypt is widespread and systematic and the situation meets all of the objective criteria for situations requiring the Council’s attention. States should initiate Council action on the situation before it further deteriorates. [see also: https://humanrightsdefenders.blog/tag/egypt/ ]

India The High Commissioner expressed concern over India’s Citizenship (Amendment) Act 2019 (CAA) for being ‘fundamentally discriminatory’ as it fails to extend protections to Muslim asylum seekers. Nationwide demonstrations and protests have been met with police brutality and arbitrary detentions. Vigilante groups allegedly affiliated with right-wing Hindu nationalist groups close to the government have physically attacked student protestors. Human rights defenders involved in organising peaceful assemblies have been detained and faced online harassment. ISHR calls on States to raise these concerns in their national statements including during the high level segment. [See also: https://humanrightsdefenders.blog/2019/06/27/ngos-come-out-in-support-of-indias-lawyers-collective/]

Burundi. At the last Council session, the Council renewed the mandate of the Commission of Inquiry on Burundi, which will present its oral briefing on 10 March at 10:00. ISHR remains highly concerned about the human rights situation in Burundi and its refusal to cooperate with the Council’s mechanisms. For more information on the situation of human rights defenders in Burundi, check ISHR Briefing Paper for the UPR here. See also: https://humanrightsdefenders.blog/2019/03/29/ngo-statement-condemns-new-irregularities-in-the-case-of-germain-rukuki-burundi/

Sri Lanka. Civil society groups are concerned over the backsliding on the commitments made by Sri Lanka in Human Rights Council Resolution 30/1. The recently elected president, Gotabaya Rajapaksa, along with his brother Mahinda Rajapaksa, who has been appointed prime minister, have been implicated in war crimes and numerous human rights violations when they were defence secretary and president respectively from 2005 to 2015. The new Government has made clear its intention to walk away from the Council process on Sri Lanka, a process that is currently the only hope for victims of human rights violations that truth, justice, reparations, and guarantees of non-recurrence are possible. [see https://www.nwaonline.com/news/2020/feb/23/sri-lanka-details-un-case-pullout/] Meanwhile, the relatively open climate for human rights defenders and journalists of the past few years seems to be rapidly closing. More than a dozen human rights and media organisations have received intimidating visits by members of law enforcement and intelligence agencies, while death threats against journalists have resumed. ISHR calls on States to urge for continued cooperation of the Government of Sri Lanka with OHCHR and the Special Procedures. The Council should reiterate the reference in Resolution 40/1 to “the adoption of a time-bound implementation strategy” for implementation of all elements of Resolution 30/1. [see also: https://humanrightsdefenders.blog/2020/01/22/sri-lankan-government-accused-of-embarking-on-process-to-silence-critics/]

Other country situations:

    • Interactive dialogue with the High Commissioner on the Occupied Palestinian Territories
    • Interactive dialogue with the Special Rapporteur on Eritrea
    • Interactive dialogue with the Special Rapporteur on Myanmar
    • Interactive dialogue with the Special Rapporteur on the Democratic People’s Republic of Korea
    • Interactive dialogue with the High Commissioner on Libya
    • High-level interactive dialogue on the Central African Republic
    • Interactive dialogue with the Commission on human rights on South Sudan
    • Interactive dialogue with the Special Rapporteur on Iran
    • Interactive dialogue with the Commission of Inquiry on Syria
    • Enhanced interactive dialogue on the High Commissioner’s report on the Democratic Republic of Congo
    • Interactive dialogue with the Independent Expert on Mali 
    • Interactive dialogue on the High Commissioner’s oral report on Ukraine
    • High Commissioner briefings on the following countries: Guatemala, Honduras, Colombia, Nicaragua, Yemen, Venezuela, Myanmar, Cyprus, Sri Lanka, Iran, Eritrea, Afghanistan

During this session, the Council will adopt the UPR working group reports on Italy, El Salvador, the Gambia, Bolivia, Fiji, San Marino, Kazakhstan, Angola, Iran, Madagascar, Iraq, Slovenia, Egypt and Bosnia and Herzegovina. This session of the Council will provide an opportunity for Angola, Egypt and Fiji  to to accept recommendations made in relation to human rights defenders, as proposed in ISHR’s briefing papers.

Council programme, appointments and resolutions

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

  1. Two members of the Expert Mechanism on the Rights of Indigenous Peoples (one from Asia and one from the Arctic);
  2. Independent Expert on the situation of human rights in Somalia;
  3. Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context;
  4. Special Rapporteur on contemporary forms of slavery, including its causes and its consequences;
  5. Special Rapporteur on the rights of indigenous peoples;
  6. Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material;
  7. Special Rapporteur on the situation of human rights defenders;
  8. Special Rapporteur on the situation of human rights in Myanmar.

Some resolutions werealready announced (States leading the resolution in brackets):

  1. Prevention of genocide (Armenia)
  2. Special Rapporteur on Torture, mandate renewal (Denmark)
  3. Freedom of religion or belief (EU)
  4. Situation of human rights in Myanmar (EU)
  5. Situation of human rights in the Democratic People’s Republic of Korea, mandate renewal (EU)
  6. Mandate renewal of the Special Rapporteur on the human rights of migrants (Mexico)
  7. Protecting the rights of human rights defenders, mandate renewal (Norway)
  8. Technical assistance and capacity-building to improve human rights in Libya (African Group)
  9. 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)
  10. The human rights situation in the Syrian Arab Republic (France, Germany, Italy, Jordan, Kuwait, Morocco, Netherlands, Qatar, Turkey, United Kingdom of Great Britain and Northern Ireland)
  11. Situation of human rights in South Sudan, mandate renewal (Albania, Norway, United Kingdom of Great Britain and Northern Ireland)
  12. Situation of human rights in the Islamic Republic of Iran, mandate renewal (North Macedonia, Republic of Moldova, Sweden, United Kingdom of Great Britain and Northern Ireland)
  13. Freedom of Expression, mandate renewal (Netherlands, Canada)

Officers of the Human Rights Council

Newly appointed members of the Bureau for the 14th cycle comprises of the following Ambassadors:

  • Ms. Elisabeth Tichy-Fisslberger (Austria), President of the Human Rights Council
  • Mr. Yackoley Kokou Johnson (Togo), Vice-President and Rapporteur
  • Mr. Nasir Ahmad Andisha (Afghanistan), Vice-President
  • Ms. Socorro Flores Liera (Mexico), Vice-President
  • Mr. Juraj Podhorský (Slovakia), Vice-President

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. All panel discussions will be broadcast live and archived on http://webtv.un.org. Four panel discussions are scheduled for this upcoming session:

  1. Annual high-level panel discussion on human rights mainstreaming titled “Thirty years of implementation of the Convention on the Rights of the Child: challenges and opportunities” will take place on 24 February at 16:00
  2. High-level panel discussion commemorating the twenty-fifth anniversary of the Beijing Declaration and Platform for Action with a particular focus on their implementation will take place on 25 February at 09:00
  3. Annual interactive debate on the rights of persons with disabilities, titled “Article 8 of the Convention on the Rights of Persons with Disabilities, on awareness-raising”, will take place on 6 March at 16:00
  4. Debate on the midterm review of the International Decade for People of African Descent will take place on 13 March at 16:00.

NOTE: The UN’s liquidity crisis is having a serious impact on this session and the next one (44th in June) and ISHR – jointly with 26 other NGOs – have expressed their concerns to the UNSG that in light of the special emergency measures and ongoing budget constraints, further measures may be imposed to restrict civil society participation at the Council. Despite the adoption of a number of measures by the Council over the years to address the budgetary constraints faced by the United Nations Office at Geneva (UNOG), the Director General of UNOG informed the Council’s President that the Council may not be able to carry out all its mandated activities in 2020. This is due to the special emergency measures instituted by the UNSG to respond to the UN’s liquidity crisis which prohibit all lunch-time meetings, thus making it impossible for UNOG to provide conference services to all the Council’s required meetings. The President of the Council requested the UNSG to issue an exemption of these measures to ensure that the Council can hold all its meetings. The UNSG issued an exemption for meetings during the High-level Segment and voting on resolutions, but not for other meetings in the March session. [see also: https://humanrightsdefenders.blog/2019/05/20/lack-of-funds-forces-lack-of-oversight-by-un/]

For more information contact: Salma El Hosseiny at s.hosseinyATishr.ch 

For a survey of the 42nd session, see: https://humanrightsdefenders.blog/2019/10/02/result-of-the-42nd-session-of-the-un-human-rights-council/

See also CIVICUS advisory on this Council session: https://www.civicus.org/index.php/media-resources/news/united-nations/geneva/4282-advocacy-priorities-at-43rd-session-of-un-human-rights-council

https://www.ishr.ch/news/hrc43-key-issues-agenda-march-2020-session

What should Michel Forst’s successor as Rapporteur on HRDs look like?

September 11, 2019

The current Special Rapporteur on human rights defenders shaking hands with the UN Secretary General
Michael Forst (l) with the UN Secretary General

An exceptionally large group of 131 national and international NGOs (for list see: http://www.ishr.ch/sites/default/files/documents/190909_criteria_jt_letter_sr_on_hrds_signatories.pdf) have set out the criteria that should be at the heart of the selection of the next UN Special Rapporteur on the situation of human rights defenders. As Michel Forst’s term as mandate holder comes to an end, candidates have until 17 October 2019 to submit their applications for the position. (If your organisation would like to endorse the criteria, please sign on here)

The document sets out the skills and expertise that should be taken into account in the appointment of the next expert in March 2020. These fit under 4 priorities:

  • qualifications and skills;
  • relevant expertise
  • established competence;
  • and flexibility/ readiness and availability

The document also provides information on the application process, and underlines the importance of independence and impartiality, as well as experience or knowledge of the realities faced by human rights defenders.

ISHR’s Programme Manager Helen Nolan stated: ‘Human rights defenders who are most at risk around the world are often persons with discriminated identities or from communities that are marginalised, so the Special Rapporteur should be able to consider the particular contexts and challenges faced by these individuals and groups with the benefit of insights from the mandate holder’s personal experience’.

The checklist is available here.

http://www.ishr.ch/news/special-procedures-what-skills-do-we-need-next-un-expert-human-rights-defenders-rapporteur

UN Experts consider human rights defenders in Italy under threat

December 2, 2018

In Europe it is not just in Hungary where human rights defenders are under pressure [https://humanrightsdefenders.blog/2018/07/26/some-facts-about-refugee-flows-which-hungary-seems-not-to-know/]. On 21 November 2018 a group of UN experts  – including Michel Forst, the UN Rapporteur on Human Rights Defenders – expressed concern that amidst Italy’s proposed tightening of immigration rules HRDs are the subject of smear campaigns.

Since coming into power in June 2018, the new Italian Government has implemented the anti-migrant and exclusionary measures it campaigned upon. “Removing protection measures from potentially thousands of migrants and limiting their ability to regularise their stay in Italy will increase their vulnerability to attacks and exploitation. They will be at greater risk from traffickers and other criminal groups, and many will have no means to meet their basic needs through lawful means”.

While acknowledging the challenges Italy faces due to the absence of an effective European-wide system of solidarity, the UN experts said this did not justify violations of human rights. “The government must adhere to the values enshrined in the Italian constitution, and the international commitments it signed up to,” they said in an appeal to the government to reconsider the legislative changes.

During the most recent electoral campaign, some politicians fuelled a public discourse unashamedly embracing racist and xenophobic anti-immigrant and anti-foreigner rhetoric. Such speech incites hatred and discrimination,” the experts said. ……“We are also concerned about the continuing smear campaigns against civil society organisations engaged in search and rescue operations in the Mediterranean Sea, as well as the criminalisation of the work of migrant rights defenders, which have become more widespread in Italy,”.

The UN experts urge the Italian government to combat incitement to hatred and discrimination, racism and xenophobia. “Perpetrators of hate crimes must be held accountable and justice provided to the victims. Italian authorities should implement the national and relevant European legal framework and provide the needed responses to hate crime and the use of hate speech.”

The experts have contacted the government about their concerns and await a reply.

https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23908&LangID=E

Michel Forst: “Empowering defenders on the move is crucial to the prevention of further tragedy”

February 20, 2018

The ISHR in a piece of 16 February 2018 draws attention to tow complementary reports on the situation of human rights defenders in a migration context. They fit admirably with the outcry of 250 NGOs concerning Hungary referred to in my earlier post of today [https://humanrightsdefenders.blog/2018/02/20/250-ngos-address-letter-to-hungarian-parliament-regarding-restriction-on-the-work-of-human-rights-defenders/].

The first is the report, by UN Special Rapporteur Michel Forst, which examines the many ways in which human rights defenders are impacted by the current environment related to migrant and refugee flows. For example, defenders may become migrants or refugees as a result of the harassment and violence they face in their own communities or countries. ‘Empowering defenders on the move is crucial to the prevention of further tragedy‘.

The second is the OHCHR Principles and Practical Guidance for the protection of the Human Rights of Migrants in Vulnerable Situations, especially Principle 18 which states that ‘States must respect and support the activities of human rights defenders who promote and protect the human rights of migrants’.

Both document will be considered at the upcoming session of the UN Human Rights Council.

The two documents are fully complementary’, Sarah Brooks of the ISHR says. ‘The recommendations of the OHCHR and the UN expert have no daylight between them – their message is quite simple. In order for lives to be saved, States must ensure that human rights defenders and civil society can operate safely and without hindrance.’

Migrants – including migrant workers – who seek to stand up for their rights and those of others face unique threats, including deportation.  The case of Sujana Rana and Rose Limu Jee, two migrant domestic workers from Nepal who were detained and deported after advocating for freedom of association in Lebanon, is a prime example. And defenders in countries of destination – whether the Gulf, the United States, or many Member States of the European Union (e.g. Hungary) – find that their own governments may rollback protections or even funding for civil society and defenders when migration-related issues are the focus, or in the worst cases criminalise assistance to migrants and refugees.

Main challenges

  • Limits on access to migrant and refugee populations. This can appear as overt limits on physical presence in border areas or due to the remote nature of some areas where populations on the move are concentrated. This includes securitised border zones and offshore facilities.  In both cases, the real impact is to increase physical and financial barriers to access, preventing people on the move from accessing independent services and much-needed legal counsel.
  • Criminalisation. Some defenders struggle against risks of criminal prosecution both nationally and as a result of local bylaws, particularly registration requirements (based on geographic areas of work, for example). The overzealous application of existing law has also been sued to accuse people of harbouring or smuggling, when in reality the individual was engaged in humanitarian activity. This threat of criminal charges has a chilling effect, as does the decrease in funding for organisations working in this area (both anti-racism work and traditional legal aid centres).
  • The growing role of non-state actors.  Especially in some parts of Latin America, organised crime poses significant threats to defenders, as well as to States should they try to protect them. Businesses are also implicated, as the report notes particular types of private employment contracts which ‘gag’ service providers and impose outsized fines or criminal penalties for discussing the situation.  Finally, in cases where governments have outsourced certain services, tools like access to information requests (normally directed at public authorities) are no longer available.

http://www.ishr.ch/news/hrc37-global-community-must-recognise-defenders-people-move-says-un-expert

Click to access 201802_ohchr_principles_and_practical_guidance.pdf

News from the HRC34: Mandate of the Special Rapporteur on Human Rights Defenders extended

June 8, 2017

The mandate of the Special Rapporteur on Human Right Defenders – Michael Forst – was extended for a period of three years. The draft of this resolution was submitted by Norway and adopted without a vote.  Hostile amendments to the resolution were submitted by the Russian Federation and China. All of these amendments were rejected.

  • Amendment L.43 sought to have the term Human Rights Defenders removed from the text. Such a motion undermines the importance of the work of Human Right Defenders and seeks to remove a well established term that has been mainstreamed within UN resolutions.
  • Amendment L.44 proposed the removal of the term Women Human Rights Defenders. In response several delegations emphasized the double violence that Women Human Right Defenders face due to their gender and their work and thus the importance of this term. They also recalled that part of the Special Rapporteur’s mandates is to focus on the violence specifically directed to Women Human Right Defenders and as such the term is key to the completion of the mandate.

Download the resolution

see also: https://humanrightsdefenders.blog/2016/03/23/norwegian-resolution-un-human-rights-council-defenders-amendments/

Source: HRC34: Mandate of the Special Rapporteur on Human Rights Defenders extended | AWID

Human Rights Council extends mandate on human rights defenders – after considerable wrangling

March 24, 2017

On Thursday 23 March 2017 the UN Human Rights Council adopted a resolution in which it extended, for a period of three years, the mandate of the Special Rapporteurs on human rights defenders. [https://humanrightsdefenders.blog/2017/02/22/un-special-rapporteur-on-human-rights-defenders-wraps-up-his-first-mandate/]

The press statement by the UN (see below) explains that there was quite a bit of wrangling on wording, but in the end the draft resolution (A/HRC/34/L.5) on the mandate of the Special Rapporteur on the situation of human rights defenders, Michael Forst, was adopted without a vote as orally revised, in the same terms as provided for by the Human Rights Council in its resolution 16/5. It urges again all States to cooperate with and assist the Special Rapporteur in the performance of his tasks, to provide all information and to respond to the communications transmitted to them by the Special Rapporteur without undue delay; and calls upon States to give serious consideration to responding favourably to the requests of the Special Rapporteur to visit their countries.

(here the detailed report on the failed efforts – mainly by Russia and China – to weaken the text:) Read the rest of this entry »

High-level endorsements of crucial role of human rights defenders in UN Human Rights Council

March 7, 2017

The 34th Session of the UN Human Rights Council started off last week (as usual) with the so-called “high-level segment” during which important officials addressed the Council [see: https://humanrightsdefenders.blog/2017/02/28/new-secretary-general-at-human-rights-council-tells-human-rights-defenders-and-i-am-on-your-side/].

On 6 March the ISHR reported on that first week during which several dignitaries emphasised the key role that a vibrant civil society plays in promoting and protecting human rights.

 The President of the General Assembly, Peter Thomson, highlighted the importance of civil society by calling States, the UN and civil society to work shoulder to shoulder and advance with common purpose. Other high-level speakers expressed concern regarding increasing restrictions to civil society space, particularly against HRDs and journalists.
  • Delegates from Botswana, the Czech Republic, Costa Rica, the European Union, France, Malta, Liechtenstein and Luxembourg, among others, reiterated their support to the work of HRDs and journalists and stressed the importance of guaranteeing their protection.
  • Delegates from Germany, Norway, Poland, Slovenia, Sweden and the United Kingdom, among others, condemned acts of reprisals against HRDs and emphasised that HRDs must be able to participate and engage with the Council without fear of intimidation or reprisals.

The pivotal role defenders play in promoting sustainable development was also recognised. Georgia underscored the importance of strengthening the role of NGOs and safeguarding civil society’s space to ensure they are heard. ‘Without close cooperation with all stakeholders, it is impossible to secure the sustainable development of the country.

So, there is no shortage of good statements in Geneva, but the what matters most is the upcoming renewal of the mandate of the Special Rapporteur on Human Rights Defenders and any real action on reprisals!

Source: #HRC34 | High-level officials kick off Council session, emphasise critical role of defenders | ISHR