Posts Tagged ‘Third Committee of the GA’

Joint statement NGOs on 77th GA Third Committee

November 23, 2022

14 NGOs that closely follow and engage with the Third Committee have joined together to publish a joint statement on outcomes of this 77th session. The undersigned civil society organisations mark the conclusion of the UN General Assembly’s (GA) 77th Third Committee session with the following observations on some thematic and country-specific resolutions considered at this session. We urge all States to implement the commitments they have made in the resolutions discussed below to their full extent.

  • Joint statements

We welcome the joint statement on the human rights situation in Xinjiang, China delivered by Canada on behalf of a cross-regional group of 50 countries. This statement echoes the UN Human Rights Office’s independent, objective analysis and its findings which the UN’s human rights office determined may amount to crimes against humanity, and urges China to implement that report’s recommendations, in particular on enforced disappearance. There was an increase in State support compared to last year, signalling hope for future initiatives to debate the situation and support victims to secure accountability. Nonetheless, there is more work to ensure support from member states, in the EU and globally, as well as from Muslim-majority countries. 

We welcome the joint statement on reprisals led by Ireland and joined by a cross-regional group of countries, calling on all States and the UN to prevent, respond to, and ensure accountability for cases of intimidation and reprisals against those who engage or seek to engage with the UN. We welcome that 80 States continued to sign on to the statement but urge more States to sign on to future such statements. See also: https://humanrightsdefenders.blog/2020/11/30/75-countries-join-statement-on-reprisals-at-the-third-committee-but-more-needed/

We welcome a resolution on the right to privacy in the digital age. The resolution integrates much of the progressive language seen in the most recent Human Rights Council version of the resolution, contending with new and persisting challenges for the right to privacy worldwide, with a particular focus on the impact on human rights defenders and journalists. However, the resolution missed an opportunity to make strong recommendations on the proliferation of private surveillance technologies, including spyware, which global experts are calling to ban or suspend through a moratorium. We call on future resolutions to contain stronger language on biometric technologies, particularly recognising that these technologies should never be used for mass surveillance of public spaces. 

We welcome the adoption of the resolution on Extrajudicial, summary or arbitrary executions by a vote which aims to uphold the right to life, liberty and security and acknowledges that impunity is a major contributor to executions. We welcome the new references to freedom of religion or belief, new technologies, institutions as places of custody, as well as strengthened language on the role of civil society and human rights defenders in the protection against arbitrary deprivation of life. We also welcome that the resolution once again highlighted the targeting (including killing) of specific groups of persons belonging to national or ethnic, religious and linguistic minorities, indigenous communities, human rights defenders, lawyers, journalists or demonstrators, or because of their sexual orientation or gender identity. Critically, we welcome the rejection by a vote of an oral amendment attempting to remove the reference to ‘sexual orientation and gender identity’ in that listing.

We welcome support by an overwhelming majority of States for the resolution on a moratorium on the use of the death penalty proposed by Australia and Costa Rica (on behalf of an Inter-Regional Task Force of States). A record number of 126 States voted in favour of the text (including Ghana, Liberia and Myanmar, after abstaining in the GA plenary in 2020), while 37 voted against and 24 abstained. The text reiterates calls made in previous resolutions, including to halt executions with the view to abolishing the death penalty. It also includes additions on the importance of transparency and access to information regarding the use of the death penalty and criminal prosecutions to identify discriminatory practices, the negative impact on the rights of children and youth whose parental caregivers face the death penalty, the need to ensure that trial leading to imposition of the death penalty complies with fair trial and non-discrimination guarantees, ensuring the death penalty is not applied on the basis of laws targeting individuals for exercising their human rights, the need to improve conditions in detention for those on trial for capital crimes or on death row, ensuring respect for their inherent dignity, and complying with international standards, in evaluating, promoting, protecting and improving their physical and mental health.  

We welcome the adoption of the resolution on Inclusive development for and with persons with disabilities, that newly calls for leadership and participation of persons with disabilities in disaster risk reduction, climate change adaptation and mitigation, and other climate change policies and programmes, as well as affordable and accessible internet, and continues to emphasize non-discrimination, accessibility and inclusion in the implementation of the 2030 Agenda, including for women and girls with disabilities. In particular, we welcome the request for the Secretary-General to report on participation of persons with disabilities in COVID-19 response and recovery, and on the implementation of the UN Disability Inclusion Strategy. We regret that despite wide support, language supporting the right to the enjoyment of the highest attainable standard of sexual and reproductive health of persons with disabilities, on an equal basis with others, was not included in the final resolution.

We welcome the adoption by consensus of the resolution on the Human rights treaty body system. We regret that States were not able to ‘welcome’, but merely ‘take note’ of the biennial report by the UN Secretary-General on the state of the treaty body system and the report of the most recent meeting of treaty body chairpersons. We urge all States to follow through with their reaffirmation in the resolution of the formula contained in General Assembly resolution 68/268, and allocate corresponding financial and human resources in the Fifth Committee that the treaty bodies require to function effectively.

Gender Issues

We welcome the adoption by consensus of the resolution on Child, Early and Forced Marriage (CEFM) presented by Canada and Zambia, and for the first time co-sponsored by 125 States, including several countries with high CEFM prevalence. We welcome new references to multiple and intersecting forms of discrimination, including in the context of climate change, conflict and poverty. We particularly welcome the call to Member States to address the root causes of gender inequality, gender stereotypes and negative social norms that underlie CEFM and for participatory and adequately funded measures to address the ongoing impacts of COVID-19 including school closures; the digital divide; uninterrupted access and funding for sexual and reproductive health-care services; adolescent-centered services; and redistribution of unpaid care and domestic work. We regret that despite significant support, references to comprehensive sexuality education and intimate partner violence were omitted. 

The resolution on Intensification of efforts to prevent and eliminate all forms of violence against women and girls, presented by Netherlands and France, was adopted by a vote for the second time. We welcome the text, focused this year on eliminating gender stereotypes and negative social norms. It included commitments to prevent and eliminate violence against all women, including intimate partner violence, femicide, commitments to protect, respect and fulfill all human rights, including sexual reproductive health and reproductive rights; recognize challenges and obstacles to eliminating discriminatory attitudes perpetuating multiple and intersecting forms of discrimination against women and girls; text on migrant and indigenous women and girls, racism, xenophobia, women human rights defenders, promoting young women and adolescents’ participation and leadership in decision making positions as well as full, effective, equal and meaningful participation of all women in all their diversity. Although we are encouraged by the rejection of 9 amendments presented by Guatemala, Egypt, Iraq, Libya, Nigeria, Russia, Saudi Arabia and Yemen, we regret that consensus was not achieved on a number of important commitments, that have been previously agreed, aiming to prevent and eliminate gender stereotypes and negative social norms and take multisectoral, effective and gender-responsive measures to prevent and eliminate all forms of violence. We are also dismayed that a vote was called on the reference to the Generation Equality Forum, an initiative with wide support from diverse stakeholders globally.

We welcome the adoption of the resolution on Intensifying global efforts for the elimination of female genital mutilation (FGM) presented by Burkina Faso (on behalf of African Group) which has not been fully opened up since 2018. The resolution failed to strengthen the most pertinent and pressing areas for preventing and eliminating FGM, especially in relation to health outcomes for girls, adolescents and women including the lack of inclusion on sexual and reproductive health, comprehensive sexuality education and  multiple and intersecting forms of discrimination. Despite this, we welcome language on the cross-border and transnational practice of FGM, an important component of FGM prevention and elimination.

The resolution on Intensifying efforts to end obstetric fistula presented by Senegal (on behalf of African Group) was a  technical rollover (with no substantive changes to the respective 2018 and 2020 texts) and adopted by consensus. Given the devastating impact of Obstetric fistula on women and girls, and the exacerbation of root causes due to climate change and the COVID-19 pandemic, we are disappointed about the missed opportunity to outline global, regional and national level efforts to end this tragedy by 2030, an integral component of achieving the Sustainable Development Goals. 

We welcome the adoption of the resolution on Trafficking in women and girls presented by the Philippines, which includes references to access to justice for victims, government commitments to eliminate, prevent and respond to all forms of violence against women and girls including trafficking, and the linkage between climate change and trafficking. While encouraged that the text maintained critical elements from previous years, we regret that it did not include: progressive references to gender transformative, survivor, victim-centred and trauma-informed approaches to anti-trafficking efforts; references to women and girls in all their diversity; comprehensive sexuality education; and recognition of the importance of full, equal and meaningful participation of women and girls in addressing trafficking. 

Country Situations

We welcome the adoption of the resolution on the human rights situation in the Islamic Republic of Iran, with 50 cosponsors by a vote of 79 (80) votes in favour (Panama voted after votes were locked), 28 against and 68 abstentions. We welcome new references expressing concern on the violent enforcement of the hijab and chastity law by the Iranian morality police, ‘widespread use of force against non-violent protestors’, the proposed bill on the use of firearms during protests, and calls to release persons participating in peaceful protests, to address poor conditions of prisons, and to implement the amendment to the Nationality Law, which gives Iranian women married to foreign nationals the right to request Iranian citizenship for their children under 18. We also welcome calls to end violations of the rights to freedom of expression and opinion including internet disruption practices, and the right to freedom of thought, conscience, religion or belief against recognized and unrecognised religious minorities, particularly Baha’is being subject to increased persecution, arrest, destruction and confiscation of property.  See more: https://humanrightsdefenders.blog/2022/11/23/un-human-rights-council-holds-special-session-on-iran-on-24-november/

We welcome the resolution on the situation of human rights in the Syrian Arab Republic, cosponsored by 32 Member States. The resolution references the wide range of human rights violations and abuses perpetrated in Syria, many of which may amount to war crimes and crimes against humanity. We particularly welcome the decision to take further actions on the issue of missing people in Syria, based on the SG’s recommendation in his report on the matter, and to include survivors and their families throughout the process. We call upon the Member States to implement the SG’s recommendation by establishing an International Mechanism to reveal the fate and whereabouts of the missing persons in Syria without further delay.  

We regret that the resolution on the situation of human rights of Rohingya Muslims and other minorities in Myanmar, which was adopted by consensus, does not reiterate key elements of the 2021 UNGA resolution which followed the military coup in February 2021. We regret that it fails to comprehensively address, condemn, and call for an end to ongoing and escalating human rights violations by the military, as described in detail by the Special Rapporteur on human rights in Myanmar. However, we acknowledge that language regarding the ongoing commission of rights violations against and protection needs of the Rohingya has been retained, and the expression of solidarity with the Rohingya made by Myanmar’s Permanent Representative.

We welcome the consensus adoption of the resolution on the human rights situation in the Democratic People’s Republic of Korea (DPRK). We welcome in particular the retention of a call for the UN Security Council to resume discussions on the human rights situation in the DPRK, supplemented with a call for the OHCHR to brief it. The Security Council held formal meetings annually on the human rights situation in the country in December from 2014-2017, however in December 2020 and 2021, the subject was discussed in closed consultations under ‘Any other Business’.

We welcome the adoption of the resolution on Human rights in the temporarily occupied Autonomous Republic of Crimea and the city of Sevastopol, Ukraine. We welcome in particular the resolution’s condemnation of the ‘unprecedented wave’ of violations that Russian forces have committed in Crimea following the February 2022 invasion of Ukraine, including  arbitrary detention, forcible transfers and enforced disappearances. We also welcome the call on Russia to cease violations and abuses including those within the framework of so-called filtration procedures and forcible transfers or deportation of Ukrainian children to Russia, and to lift discriminatory regulatory barriers prohibiting or limiting the activities of religious groups.

  • Civil society access

While we welcome the action by some States to welcome civil society organisations to join informals as observers this session, it was deeply disappointing that only a few States extended this invitation. This year, civil society again faced additional challenges in even keeping abreast of information regarding informal negotiations as information on informals taking place was once again not shared in the UN journal as it previously was. This year this information was only published on the e-deleGATE platform to which civil society has no access. These critical barriers to civil society access to Third Committee negotiations, deprive the Committee of civil society’s technical expertise and mean that its outcomes fail to leverage the contributions of a crucial stakeholder in promoting the implementation of human rights.

Access Now 

Amnesty International

Association for Progressive Communications 

Center for Reproductive Rights

Fòs Feminista, International Alliance for Sexual and Reproductive Health, Rights and Justice

Global Centre for the Responsibility to Protect

Global Justice Centre

Human Rights in China

Human Rights Watch

International Disability Alliance

International Service for Human Rights

Jacob Blaustein Institute for the Advancement of Human Rights

Outright Action International

Syrian Center for Media and Freedom of Expression (SCM)

https://ishr.ch/latest-updates/joint-civil-society-statement-on-the-outcomes-of-unga-77-third-committee/

75 countries join statement on reprisals at the Third Committee but more needed

November 30, 2020

As reprisals is one of the main topics on this blog [see e.g. https://humanrightsdefenders.blog/tag/reprisals/] readers will forgive me to report a bit belatedly on the GA Third Committee statement which the Service for Human Rights, quite timely, on 19 October 2020, brought to our attention:

For the second year in a row, a cross-regional group of countries called on all States and the UN to prevent, respond to, and ensure accountability for cases of intimidation and reprisals against those who engage or seek to engage with the UN.

In a joint statement presented to the Third Committee of the General Assembly today, 75 countries (listed below) acknowledged the crucial role civil society and human rights defenders play in the work of the UN and condemned acts of intimidation and reprisal against them. This represents an increase compared to the 71 countries that joined a similar statement last year

This welcome move led by the Permanent Mission of the United Kingdom to the UN is in line with the call made last September in resolution 42/28 at the Human Rights Council for the General Assembly to remain seized of all work in this area. 

The joint statement welcomed the Secretary-General’s report on reprisals against those who cooperate with the UN and shared his concerns on the growing number and patterns of reprisals globally; the disproportionate impact on certain groups, including women human rights defenders and peacebuilders; and the continued attacks on journalists and media workers. 

30 years ago, the Commission on Human Rights first expressed concern about reprisals and intimidation against those cooperating with the UN and searching for a solution requested the Secretary-General to report on the issue. Yet we find ourselves three decades later grasping for anything resembling progress. This year’s report is appalling as ever’, said ISHR’s Madeleine Sinclair.

The joint statement highlighted the need for more frequent reporting on reprisals, including in New York, to increase awareness and accountability. ‘At this point the Secretary-General’s report on reprisals is only considered once a year by the Human Rights Council. We are disturbed by the high number of countries cited (45 in 2020), the vast majority of which have been cited before. The increase in the number of countries cited for a pattern of intimidation and reprisals is equally alarming. For countries like Bahrain, Burundi, China, Cuba, Egypt, India, Israel, Myanmar, Saudi Arabia, Sri Lanka and Venezuela, and for the overwhelming majority of victims cited in 30 years of reporting whose cases remain unresolved, it seems a report delivered once a year is not enough’, added Sinclair.  

‘While we welcome this statement and the leadership of the United Kingdom as a step towards enhanced dialogue on the issue of reprisals at the General Assembly, more needs to be done to protect the right of everyone to communicate with the UN. We echo previous calls for States to step up efforts to address reprisals, including by referring to  specific cases during future dialogues at the UN’, added Sinclair. 

The full statement as delivered is available here. The statement was made by the United Kingdom on behalf of Afghanistan, Antigua and Barbuda, Albania, Andorra, Argentina, Australia, Austria, The Bahamas, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Chile, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, El Salvador, Ecuador, Estonia, Finland, Fiji, France, Georgia, Germany, Greece, Guatemala, Honduras, Iceland, Ireland, Italy, Japan, Jordan, Latvia, Lebanon, Liechtenstein, Lithuania, Luxembourg, Malta, Marshall Islands, Mexico, Moldova, Monaco, Mongolia, Montenegro, Nauru, Netherlands, New Zealand, North Macedonia, Norway, Panama, Palau, Paraguay, Poland, Portugal, The Republic of Korea, Romania, San Marino, Seychelles, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Tunisia, Tuvalu, Ukraine, United Kingdom, USA, Uruguay, Vanuatu. 

New States joining this year include: Antigua and Barbuda, Argentina, Honduras, Nauru, Palau, Paraguay; States who joined last year but not this year include: Samoa and Turkey.

Contact: Madeleine Sinclair, m.sinclair@ishr.ch

https://www.ishr.ch/news/unga75-75-countries-join-statement-reprisals-third-committee

Mary Lawlor’s first report to the Third Committee of General Assembly

November 16, 2020

On 20 October 2020 (sorry for the delay) the ISHR reported on the new Special Rapporteur on Human Rights Defenders, Mary Lawlor, presenting her first report to the General Assembly’s Third Committee. [see: https://humanrightsdefenders.blog/2020/05/07/mary-lawlor-takes-up-post-as-un-special-rapporteur-for-human-rights-defenders/].

The Special Rapporteur appealed to States to help stop the killing of human rights defenders, which she identified as the mandate’s core priority. Defenders, she said, are ‘ordinary people doing extraordinary things to make all of our lives better‘ and shared her hope that all would work together to find ways to protect them. 

The Special Rapporteur’s report outlined how she intends to approach and develop the subject of her mandate in the coming years. Her priorities include: those defenders most exposed to killings and other violent attacks, with attention paid to the most marginalised and vulnerable, among them women defenders, those defending the rights of LGBTI persons, defenders who are children, defenders with disabilities, defenders working on the rights of migrants, the climate crisis, defenders working in isolated and remote areas, defenders serving long terms in prison, reprisals against defenders who cooperate with the UN, the issue of impunity for those who attack defenders, the role of businesses and financial institutions in both harming and protecting the work of defenders, and strengthening follow-up to individual cases brought to her attention. 

As the Third Committee continues to grapple with the difficulties of moving its work online, the dialogue was plagued by a number of IT issues, including not being webcast for the first 35 minutes, and several statements remained muted in the archived video made available later. 

A large number of States took the floor to welcome the Special Rapporteur’s report and echo her concerns and priorities. Many of the States that spoke touched on the need to address the worrying deterioration of civic space brought on by the COVID 19 pandemic. The UK delivered a joint statement on reprisals on behalf of 75 States, following up on its initiative last year when it delivered the first ever such statement.

The US raised a number of individual cases and country situations: Nasrin Sotoudeh in Iran; China’s systematic persecution and imprisonment of human rights defenders, including those from Xinjiang, Tibet, and Hong Kong, naming Ilham Tohti and Joshua Wong in particular; in Zimbabwe, opposition leader Job Sikhala, parliamentarian Joana Mamombe and activists Cecilia Chimbiri and Netsai Marova. China used its time to question the notion of a human rights defender arguing there is no accepted definition of the term and that defenders are not ‘above the law’. China also accused the US of suppressing civil society during the pandemic. 

In her concluding remarks, the Special Rapporteur touched on the need for the UN’s human rights work to be properly funded and for States to cooperate fully with Special Procedures through standing invitations and positive responses to requests for visits. She emphasised her desire to cooperate with States, to have an open dialogue, and cited recent talks with Bahrain, Burundi and Iran in that regard. She indicated she hoped these talks would result in releases of defenders soon. The Special Rapporteur also emphasised that her approach would include specifically highlighting positive changes in each of her reports.  

https://www.ishr.ch/news/unga75-un-expert-urges-protection-defenders-ordinary-people-doing-extraordinary-things?fbclid=IwAR1j9EqgUZ4RKAcMH7nWp7AIAZUL3HqrAq_k8M9epUtlF_ECrNAaLCrbrJ0

New Assistant Secretary General wants to improve civil society participation in the General Assembly

November 16, 2020

In her first interaction with the Third Committee of the General Assembly, Ilze Brands Kehris, the new Assistant Secretary-General for Human Rights and Head of the Office of the High Commissioner for Human Rights (OHCHR) in New York,  emphasised the importance of  civil society participation as well as preventing reprisals and attacks against human rights defenders who engage with the UN.

On 5 November 2020 the ISHR reported on her participation in an interactive dialogue with the Third Committee of the General Assembly on 2 November. In light of what the EU called a ‘disconcerting trend’ of increasing reprisals, attacks and killings of human rights defenders, it welcomed the Secretary General’s Report on Reprisals (A/HRC/45/36) as well as the UN’s commitment to a system wide strategy to protect civil society space. The EU also condemned the practice by some States in the ECOSOC Committee on NGOs of blocking accreditation for NGOs without justification. Furthermore, the EU asked the ASG how civil society participation in key UN meetings could be improved, including the Third Committee. 

In her responses, the ASG reaffirmed the UN’s commitment to enhance civil society participation at all levels including in New York at the Third Committee, and encouraged discussions on this. She emphasised that furthering the inclusion of civil society participation is a specific priority in the Secretary General’s “Call to action for Human Rights” and that the UN has followed this with endorsement at a UN-wide level with a particular focus on the 3 ‘Ps’ – Protection, Promotion and Participation of civil society. She indicated that there was a plan to implement this focus with specific guidance in the future. 

In response to a question by Latvia on challenges that her office faces, the ASG emphasised the challenges surrounding the looming budgetary discussions. While reiterating that human rights is one of the three key pillars, the ASG lamented that only 3.7% of the overall budget is devoted to human rights. She urged support for human rights in the budget  so that the crucial functions could continue to be performed.

https://www.ishr.ch/news/unga75-assistant-secretary-general-encourages-discussions-improving-civil-society-participation

https://www.un.org/sg/en/content/profiles/ilze-brands-kehris

Human Rights Defenders issues in 75th Session of the GA’s Third Committee

October 14, 2020

On 8 October 2020 the International Service for Human Rights (ISHR) extended its excellent alert service to the 3rd Committee of the UN General Assembly which is the principal human rights committee . This year’s session will run for seven weeks from 5 October to 20 November.

This year’s Third Committee is expected to consider approximately 60 resolutions on a range of topics. ISHR will be closely monitoring the work of the Third Committee as well as relevant developments in the plenary of the General Assembly and will report on key developments relevant to human rights defenders and civil society.

Due to Covid-19 restrictions, the Third Committee is operating in a hybrid fashion, with some sessions held in person and others virtually. All interactive dialogues with Special Procedures and UN officials will be held virtually, as will negotiations on resolutions (informals). However, general debates and voting on resolutions will take place in person. 

Covid-19 restrictions will have a significant impact on civil society’s ability to engage with States in both formal and informal settings. Given this, it is vitally important that States reach out to and engage with civil society and specifically invite NGOs to participate in informals held to negotiate Third Committee resolutions. 

Formal meetings of the Third Committee can be watched live on the UN Web TV. Follow us on Twitter at @ISHRglobal using #UNGA75 for the latest updates.

Resolutions 

This year, due to the complexities of managing multiple consultations online, main sponsors of draft resolutions have been encouraged to streamline proposals, biennialise them or implement a ‘technical’ or ‘procedural’ rollover. They’ve also been encouraged to refrain from tabling new draft resolutions not previously negotiatied. We are yet to have a good sense of how widely States will follow this advice or, critically, what impact such limitations will have on gaining human rights advances this year.  

Finally, whilst all negotiations of resolutions will happen virtually, voting will be in person with explanations of position taking place in person or submitted in writing by the relevant State and included as part of the official record of the session. With restrictions in place, some missions may have smaller delegations working at the Committee and these, as well as traditionally smaller delegations, may find covering the various sessions challenging. It has yet to be seen how this might impact upon voted resolution outcomes, including on the participation of these delegations during the in-person voting of resolutions.   

Thematic
  • Right to Privacy in the Digital Age (Lead Sponsors: Mexico and Switzerland) – The Third Committee will consider a resolution on the right to privacy. In previous years this biennial resolution expressed concern that the right to privacy of those defending human rights can be undermined. ISHR hopes to see this language maintained in the text, as well as strengthened language on surveillance technologies, encryption and internet shutdowns, as well as the gendered impact of privacy regulations.
  • Treaty bodies (Lead Sponsor: Iceland) – The Third Committee will once again consider the biennial resolution on the ‘Human rights treaty body system’ at this session. The last resolution on this topic was adopted by consensus in 2018. The text of the resolution is not expected to change much. The resolution is significant because it recalls resolution 68/268 on “Strengthening and enhancing the effective functioning of the human rights treaty body system”, encourages all stakeholders to continue their efforts for the full implementation of resolution 68/268, and reaffirms the formula contained in 68/268, which sets out how the allocation of meeting time and corresponding financial and human resources to the treaty bodies would be identified and requested by the Secretary-General. The negotiation of this resolution will take place in the context of the ‘2020 review’ of 68/268, which was initiated earlier this year and co-facilitated by Switzerland and Morocco. 
  • Extrajudicial, summary or arbitrary executions (Lead Sponsor: Finland) – This year  we’ll see the return of the biennial resolution on extra-judicial killings which seeks to ensure the protection of the right to life of all persons. This resolution historically includes a paragraph referring to groups that are vulnerable to extrajudicial killings. This paragraph urges States to protect against and investigate killings committed for reasons related to their activities as human rights defenders, or because of discrimination, including on the basis of sexual orientation and gender identity. ISHR together with other NGOs will be advocating to ensure this language is maintained.
  • Death Penalty (Lead Sponsor: Brazil) – The Third Committee will once again consider its biennial resolution on the death penalty. This resolution calls for States to establish a moratorium on executions, with a view to abolishing the death penalty. In the previous two negotiations, Singapore has successfully introduced a hostile amendment to the resolution reaffirming the sovereign right of all countries to develop their own legal systems. Other delegations together with civil society groups have objected to this amendment, emphasizing that sovereignty requires compliance with international human rights commitments and the emerging customary norm that considers the death penalty as running foul of the prohibition of torture and cruel, inhuman or degrading punishment.
  • Intensification of efforts to prevent and eliminate all forms of violence against women and girls (Lead Sponsors: France and Netherlands) – The broad scope of this resolution is expected to pay much needed attention to the impacts of the COVID-19 pandemic on all forms of violence perpetrated against women, girls, adolescents and other marginalised  groups. ISHR supports the inclusion of references to human rights defenders in the text and will be advocating alongside other NGOs to ensure this language is maintained and strengthened.
  • Human rights defenders (various) – While there is no thematic resolution focused on human rights defenders this session, a number of resolutions include or are relevant to human rights defenders. ISHR will be advocacting to ensure language referencing human rights defenders is both maintained and strengthened across these resolutions. These resolutions include the resolution on the situation of human rights in the Islamic Republic of Iran, Intensification of efforts to prevent and eliminate all forms of violence against women and girls, Right to Privacy in the Digital Age, Women and girls and the response to COVID-19 and Rights of Indigenous Peoples.    
Country situations

For the 18th year, Canada will present a resolution on the Situation of human rights in the Islamic Republic of Iran spotlighting the continued dismal human rights situation and lack of progress over the last year. The European Union will again lead on a resolution on the Democratic People’s Republic of Korea, similarly underlining the lack of human rights progress. Ukraine will again present a resolution condemning Russia’s activities in Crimea (Situation of human rights in the Autonomous Republic of Crimea and the city of Sevastopol, Ukraine). A resolution on the Situation of human rights of Rohingya Muslims and other minorities in Myanmar is again expected to be led by the Organisation of Islamic Cooperation (OIC). A resolution on the Situation of human rights in the Syrian Arab Republic will be led by the USA and Saudi Arabia. 

On 6 October, Germany delivered a joint statement on Chinaon behalf 39 States. A similar statement was delivered on behalf of 25 States last year. The statement addressed widespread human rights violations in Xinjiang, Hong Kong, and Tibet. The joint statement endorsed an unprecedented appeal from 50 UN Independent Experts for the creation of a UN mechanism for monitoring human rights in China. A recent global civil society appeal from over 400 organizations echoed the experts’ call.

Other key issues  

Some resolutions are expected to become battlegrounds regarding references to gender and sexual and reproductive health and rights, as has been the case in previous sessions of the Third Committee. While negotiations on some resolutions, including resolutions on Intensifying global efforts for the elimination of female genital mutilation and Intensification of efforts to end obstetric fistula may not be re-opened. Others that will be negotiated at this session include the resolution on Child, early and forced marriage, Intensification of efforts to prevent and eliminate all forms of violence against women and girls and Women and girls and the response to COVID-19.

The Third Committee will consider the Human Rights Council Report which lays out resolutions and decisions taken by the Council through the year, including those just adopted and decided upon in Geneva this week.  No challenge to any part of the report is expected. 

Human Rights Council elections will take place on 13 October. ISHR is once again disappointed that this year all regions, save for the Asia Pacific region, have presented closed slates. In addition to this, the fourth candidate for the African region—Gabon—was only announced on 6 October, just one week before the election. ISHR has published ‘scorecards’ for each of the States seeking membership. These provide a quick ‘at-a-glance’ objective comparison of the candidates, focusing on their cooperation with the Council, their support for civil society, their engagement with UN treaty bodies and Special Procedures, among others. Together with 18 other NGOs, ISHR has also issued a public call for Member States to refrain from voting for any candidates who do not meet the membership criteria of upholding high standards in the promotion and protection of human rights and cooperating with the UN human rights mechanisms. See latest: https://www.aljazeera.com/news/2020/10/13/human-rights-council-election [“Saudi Arabia failed in its attempt to become a member of the United Nations Human Rights Council (UNHRC) for the next three-year term starting on January 1, while China, Russia and Cuba were elected on Tuesday in a vote that caused an outcry among human rights defenders.“]

The Fifth Committee will consider the UN’s annual budget during its main session (October- December. In the meantime, the Advisory Committee on Administrative and Budgetary Question (ACABQ) has published its report on the proposed programme budget for 2021. One concerning element is that the ACABQ has recommended that the Fifth Committee deny the majority of the Secretary-General’s resource request for additional funding for the treaty bodies on the basis that it (1) doubts that OHCHR actually requires more staff in order to prevent backlogs of reports and communications to the treaty bodies from accumulating (when backlogs of communications have been a major problem for the treaty bodies since 2017, and as the treaty bodies’ inability to meet during the pandemic has now resulted in major backlogs in both areas); and 2) that the Third Committee will be taking action on the matter of treaty body strengthening during its main session that may affect their resource needs (which ISHR understands to be incorrect). Delegations that support the work of the treaty bodies should advocate in the Fifth Committee for the full allocation requested by the Secretary-General. 

Overview of Reports and Dialogues with UN Experts

The UN Special Procedures – Special Rapporteurs, independent experts, and working groups – will report to the Third Committee and hold virtual interactive ‘dialogues’ with member States.  Several of this year’s reports reflect concerns about increased attacks on human rights defenders and emphasise the critical importance of creating and maintaining space for civil society. Click here for a list and schedule of dialogues.

  • Report of the Special Rapporteur on the situation of human rights defenders (A/75/165): In her first report to the Third Committee, Mary Lawlor highlights that the global reaction to the pandemic has largely increased the threats to civic space and human rights defenders and often been characterized by ‘declarations of states of emergency that are not compliant with human rights obligations and by abuse of constitutional powers.’ Lawlor also sets out her priorities as mandate-holder which include focusing on those defenders most exposed to killings and other violent attacks, the most marginalized and vulnerable defenders such as women defenders, LGBTI defenders, and defenders working on the rights of migrants. Lawlor will also focus on reprisals against defenders cooperating with UN human rights mechanisms, the issue of impunity, the impact of businesses and financial institutions on defenders’ work and strengthening existing mechanisms of protection. A presentation of the report and an interactive dialogue will be held on 19 October 2020.
  • Report of the Independent Expert on the promotion of a democratic and equitable international order (A/HRC/45/28): emphasises that effective participation by civil society is essential to the realization of people-centred sustainable development and strongly condemns acts of reprisal against critics and opponents of development projects including members of civil society organisations.
  • Report of the Special Rapporteur on the right to development (A/75/167): In this report, the Special Rapporteur on the right to development, Saad Alfarargi, explores the international dimensions of financing for development policies and practices from the perspective of the right to development and notes that civil society organisations face severe barriers in participation and access to international negotiations and discussions for financing development.
  • Report of the Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment (A/75/161): notes the grave risks that environmental defenders face in their work and emphasises on the need for protection for environmental defenders through effective and timely remedies.
  • Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association (A/75/184): Clement N. Voule’s  report focuses on ‘Celebrating women in activism and civil society: the enjoyment of the rights to freedom of peaceful assembly and of association by women and girls’. The report notes that women are at the forefront of today’s most pressing global struggles and examines the gendered and intersectional barriers, reprisals and backlash faced by women to their full and equal enjoyment of the rights to freedom of peaceful assembly and of association. Voule provides recommendations to promote an enabling environment for the rights of women to assemble and associate. A presentation of the report and an interactive dialogue will be held on 19 October 2020.
  • Report of the Special Rapporteur on the rights of indigenous peoples (A/75/185): The first report to the General Assembly of the new mandate holder, José Francisco Calí Tzay, summarizes the activities of the mandate since the last report of the previous mandate holder (A/74/149) and analyses the specific impacts on indigenous people of the COVID-19 pandemic, including harassment, attacks and killings of indigenous rights defenders. A presentation of the report and interactive dialogue will take place on 12 October 2020.
  • Report of the Special Rapporteur on violence against women, its causes and consequences (A/75/144): In her report on the intersection between the COVID-19 pandemic and the pandemic of domestic violence, Dubravka Šimonović notes the increase in domestic violence against women due to lockdowns imposed by governments to control the virus. Šimonović finds that state responses have largely been gender-blind, including funding cuts to civil society organisations and women’s organisations providing essential services such as crisis centres, helplines, shelters and safe accommodation. A presentation of the report and an interactive dialogue will be held on 9 October 2020.
  • Report of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity (A/75/258):  Victor Madrigal-Borloz discusses the impact of the coronavirus disease (COVID-19) pandemic on the human rights of lesbian, gay, bisexual and trans (LGBT) and gender-diverse persons including social exclusion and violence and the interaction with institutional drivers of stigma and discrimination. A presentation of the report and an interactive dialogue will be held on 29 October 2020.
  • Report of the Special Rapporteur on the promotion and the protection of the right to freedom of opinion and expression (A/75/261): focused on the freedom of opinion and expression aspects of academic freedom, highlighting the special role played by academics and academic institutions in democratic society. The Special Rapporteur finds that threats to and restrictions on academic freedom limit the sharing of information and knowledge, an integral component of the right to freedom of expression. He reveals that academics and their institutions face social harassment and State repression for their research. The Special Rapporteur concludes with a set of recommendations to States, academic institutions, international organizations and civil society. 
  • Report of the Special Rapporteur on the right to privacy (A/75/147): proposes a preliminary evaluation of the privacy dimensions of the COVID-19 pandemic with a focus on two particular aspects: data protection and surveillance. Concerns arise when surveillance apparatus traditionally employed for State security purposes is proposed or hurriedly deployed for a public health purpose. Necessity, proportionality and safeguards in law consistent with international law must exist when such surveillance measures are applied.
  • The Report of the Special Rapporteur on Extrajudicial, summary or arbitrary executions: to be issued. 
  • The Report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance: to be issued.
  • Report of the Special Rapporteur in the field of cultural rights: to be issued.

For more information: Contact: Tess McEvoy, t.mcevoy@ishr.ch

See also: https://humanrightsdefenders.blog/2018/10/05/third-committee-of-un-general-assembly-2018-will-consider-human-rights-issues/

https://www.ishr.ch/news/alert-ga-75th-session-third-committee

71 countries make first joint statement on reprisals at the Third Committee

November 14, 2019

which followed the GA, reported this unprecedented move: a cross-regional group of countries called on all States and the UN to prevent, respond to, and ensure accountability for cases of intimidation and reprisals against those who engage or seek to engage with the UN. In this joint statement presented to the Third Committee of the General Assembly in Octber 2019, 71 countries (listed below) highlighted that the UN must ensure that civil society organisations and human rights defenders who wish to engage with the UN are able to do so without fear of reprisal or intimidation. That same week the Assistant Secretary-General in his mandate as the senior official on reprisals held an event to discuss the annual reprisals report of the Secretary General.

This welcome move led by the Permanent Mission of the United Kingdom to the UN is in line with the call made, just last month, in resolution 42/28 at the Human Rights Council for the General Assembly to remain seized of all work in this area. ‘The statement highlighted that beyond the immediate impact on victims, these acts of intimidation and reprisals undermine the credibility and effectiveness of the UN as a whole, including the human rights system,’ said ISHR’s Tess McEvoy.

The integral role played by civil society and human rights defenders in encouraging openness, transparency and dialogue between people and those in power was also acknowledged. While highlighting positive steps that have been taken by the UN, including the Secretary-General’s annual report on reprisals and the work done by the Assistant Secretary-General in his mandate as the senior official on reprisals, the 71 countries strongly condemned any act of intimidation and reprisal, whether online or offline, against individuals and groups who cooperate or seek to cooperate with the UN, and expressed alarm about the growing number of cases.

‘While positive responses by some States to cases of reprisals were acknowledged, critically, the statement acknowledged the primary obligation of States to prevent and address reprisals. Moreover, all States were called on to prevent and ensure adequate protection against such acts by raising awareness, investigating and ensuring accountability and effective remedy by both State or non-State actors,’ added McEvoy. The statement also made clear the duty of the UN to address reprisals and called on the UN to strengthen the collective response to reprisals.

While we welcome this statement and the leadership of the United Kingdom as a step towards enhanced dialogue on the issue of reprisals at the General Assembly, more needs to be done to protect the right of everyone to communicate with the UN. We echo previous calls for States to step up efforts to address reprisals, including by referring to  specific cases during future dialogues at the UN. [see also my ‘old’: https://humanrightsdefenders.blog/2014/03/13/zero-tolerance-for-states-that-take-reprisals-against-hrds-lets-up-the-ante/]

The full statement as delivered is available here. The statement was made by the United Kingdom on behalf of Afghanistan, Albania, Andorra, Australia, Austria, the Bahamas, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Chile, Colombia, Costa Rica, Croatia, Cyprus, the Czech Republic, the Dominican Republic, Denmark, Ecuador, El Salvador, Estonia, Fiji, Finland, France, Georgia, Germany, Greece, Guatemala, Iceland, Ireland, Italy, Japan, Jordan, Latvia, Lebanon, Liechtenstein, Lithuania, Luxembourg, Malta, the Marshall Islands, Mexico, Monaco, Mongolia, Montenegro, the Netherlands, New Zealand, North Macedonia, Norway, Panama, Poland, Portugal, the Republic of Korea, the Republic of Moldova, Romania, Samoa, San Marino, Seychelles, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Tunisia, Turkey, Tuvalu, Ukraine, the United States, Uruguay and Vanuatu.

https://www.ishr.ch/news/unga74-71-countries-make-first-joint-statement-reprisals-third-committee

Bachelet and UN Rapporteurs at GA’s Third Committee 2019

October 18, 2019

In the Third Committee of the General Assembly this week UN experts and HC Bachelet said that freedom of peaceful assembly, global refugee protection, women’s civil liberties and the well-being of human-rights defenders are values under siege. [see also: https://humanrightsdefenders.blog/2019/10/13/third-committee-of-the-ga-also-has-a-lot-to-do-with-human-rights-defenders/]

We are witnessing an increase in xenophobia, hate speech, push-backs on women’s equality and the rights of minorities,” warned Michelle Bachelet, United Nations High Commissioner for Human Rights, also highlighting the ever-widening gaps in global wealth and access to resources. Moreover, underfunding has hampered the growing workload of the entire treaty body system, she said. Committees do not have adequate resources to carry out inquiries into grave or systematic violations. This results in a “credibility crisis” for all treaty bodies — and a denial of justice for the victims of human-rights violations.

Among the day’s three other briefers was Obiora Chinedu Okafor, Independent Expert on human rights and international solidarity, who focused on the issue of human-rights based solidarity in global refugee protection. The current refugee “crisis” was not caused by large numbers of refugees, but rather by States’ unwillingness to accept refugees into their countries — evading their responsibilities. Moreover, the rise of extremist political parties is complicating the issue, he said, as the “alternative right” and other racist civil society groups target any kind of solidarity with refugees. Echoing those words, the Russian Federation’s delegate noted that certain extremist political parties are impeding the entry of refugees into the European Union, and that the Independent Expert’s report lay the blame for this squarely at the feet of foreign interference in internal State affairs.

In his presentation, Michel Forst, Special Rapporteur on the situation of human-rights defenders, highlighted that 431 defenders were killed in 2017 and 2018. With that in mind, combating impunity is not only a legal obligation of States, but also a moral one. He further noted that “98 per cent of the killings of rights defenders remain unpunished” and that unless impunity is ended, the violence against them will continue. A zero-tolerance policy towards such attacks must be adopted, and the lack of political will — and of State recognition of rights defenders — addressed. Reacting to those comments, several delegates raised questions about digital attacks on human-rights defenders, with Germany’s representative underscoring that female defenders of human rights often face particular threats, such as the publication of private information. Mr. Forst responded that he has found research by the Special Rapporteur on freedom of association and the Special Rapporteur on freedom of expression helpful in this context, with a particular focus on advocating for social network businesses to provide better protections. To concerns raised by an observer for the State of Palestine and the representative of Georgia, he noted that his subsequent report will make specific proposals to assist defenders living in fragile States, as well as those living in conflict or post-conflict situations. On defenders who live in isolated areas, he said they are often not given sufficient attention by the international community. Ambassadors should leave their capitals and go into these far-flung areas to see where these defenders work, he said. Those who work on sexual and reproductive health and rights often bear the brunt of attacks, while those working on gender identity are harassed and threatened

The Special Rapporteur on the rights to freedom of peaceful assembly and of association, Clément Nyaletsossi Voulé, also presented his report.

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Third Committee of the GA also has a lot to do with human rights defenders

October 13, 2019

The UN General Assembly’s Third Committee will run for eight weeks from 1 October to 21 November this year. The International Service for Human Rights, which follows the UN human rights bodies diligently, put out an Alert for this 74th Session on 1 October 2019.

The Third Committee brings together a wide array of Special Procedures mandate holders, including Special Rapporteur, independent experts, and chairs of working groups that are mandated by the Human Rights Council to discuss some of the most pressing human rights concerns and present findings and recommendations to the Third Committee. These findings should in turn play a role in shaping the focus of resolutions negotiated at this session.

Third Committee is expected to consider approximately 60 resolutions on a range of topics, including:

  • the advancement of women
  • the rights and protection of children
  • the rights of refugees
  • the elimination of racism
  • self-determination
  • and social development, amongst others.

ISHR will be closely monitoring the work of the Third Committee as well as relevant developments in the plenary of the General Assembly and will report on key developments. Follow them on Twitter at @ISHRglobal using #UNGA74 for the latest updates.

Overview of Key Resolutions  

  • Human Rights Defenders (Lead Sponsor: Norway) – This year Norway will present the biennial resolution on human rights defenders. One year after the twentieth anniversary of the UN Declaration on Human Rights Defenders, implementation of the Declaration unfortunately remains far from adequate in a number of States. ISHR therefore welcomes the resolution’s continued focus on the Declaration’s implementation and urges States to ensure that the resolution includes calls for concrete activities and mechanisms to monitor and facilitate the implementation of the Declaration and previous resolutions on human rights defenders.
  • Terrorism and Human Rights (Lead Sponsors: Mexico and Egypt) – The Third Committee will consider a resolution relating to Terrorism and Human Rights. Previous resolutions on the topic have condemned terrorist acts as criminal and unjustifiable, and expressed concerns about their detrimental effects on the enjoyment of all human rights. The resolution is the result of the combination of two previously separate resolutions on the “Protection of human rights and fundamental freedoms while countering terrorism” and the “Effects of Terrorism on the Enjoyment of Human Rights” led by Mexico and Egypt, respectively. Civil society remains concerned that the combined resolution compromises language on State obligations to protect human rights by prioritising the impact of terrorism on human rights. ISHR hopes that language in the original resolution led by Mexico is not compromised and that this resolution upholds State responsibility and the rights of victims.
  • Safety of Journalists (Lead Sponsors: Greece, Argentina, Austria, Costa Rica and France) – A resolution on the safety of journalists is expected to be advanced at this session. ISHR will be watching this negotiation closely and hopes the resolution will be used to expand, rather than restrict, space for civil society and strengthen protections for human rights defenders.

Several country resolutions are expected again this session. For the 17th year, Canada will present a draft resolution on the Situation of human rights in the Islamic Republic of Iran spotlighting the continued dismal human rights situation and lack of progress over the last year. The European Union will again lead on a resolution on the Democratic People’s Republic of Korea, similarly underlining the lack of human rights progress. Ukraine will again present a draft resolution condemning Russia’s activities in Crimea. Resolutions on the human rights situation in Myanmar and Syria are also expected to be led by the Organisation of Islamic Cooperation and Saudi Arabia respectively.

ISHR remains concerned that China will again attempt to insert the seemingly harmless language of ‘win/win’ language in resolutions, which in fact focuses only on intergovernmental dialogue and cooperation, rather than actual human rights violations or accountability. This language risks shrinking space for civil society and roll back human rights norms across a number of resolutions.

Several resolutions are expected to become battle grounds regarding references to gender, and sexual and reproductive health and rights, including resolutions on the Improvement of the situation of women and girls in rural areas, Violence against women migrant workers, Rights of the Child, The girl child, The human rights to safe drinking water and sanitation,

Elections for the Human Rights Council are set to take place in mid-October as part of the General Assembly. ISHR is once again disappointed that this year a number of regions have presented closed slates. ISHR has published ‘scorecards‘ for each of the States seeking membership. These provide a brief overview of their human rights records, cooperation with civil society, past roles in the Council, and past engagement with UN human rights mechanisms.

Overview of Reports and Dialogues with UN Experts: 

The UN Special Procedures – Special Rapporteurs, independent experts, and working groups – will report to the Third Committee and hold interactive ‘dialogues’ with member States. Several of this year’s reports reflect concerns about increased attacks on human rights defenders and emphasise the critical importance of creating and maintaining space for civil society. Click here for a list and schedule of dialogues.

  • Report of the Special Rapporteur on the Situation of Human Rights Defenders – Combatting the currently widespread impunity for human rights violations that target human rights defenders is, according to Special Rapporteur Michel Forst’s report (A/74/159), “an essential prerequisite to guarantee human rights and to advance towards equal societies that are free from fear and violence.” He outlines a regulatory framework on the right to access to justice, including due diligence in investigations and elaborates on the de facto and legal barriers to access to justice. He offers essential guidelines for ensuring due diligence in the investigation of such violations. Good practices implemented by States and civil society are also described. He will present his report and an interactive dialogue will be held on 15 October 2019 at 3pm.
  • Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran – At least 32 Iranians have been arrested as a result of viral social media campaigns against compulsory veiling laws, such as the #whitewednesdays and “Girls of Revolution Street.” Human rights lawyer and defender Nasrin Sotoudeh was sentenced to 148 lashes and 38 years in prison last March for defending some of these women. BBC Persian staff have suffered reprisals for engaging with UN human rights mechanisms. These are only some of the attacks on human rights defenders that Special Rapporteur Javaid Rehman flags in his report (A/74/188), which calls on Iran to stop violating the rights of human rights defenders through intimidation, harassment, arbitrary arrest, deprivation of liberty, among other arbitrary sanctions. The Special Rapporteur will present and discuss his report on 23 October 2019 at 10am.
  • Report of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity – In his report (A/74/181), Independent Expert Victor Madrigal-Borloz exposes the ways in which socio-cultural norms and discriminatory laws continue to marginalise and exclude LGBTI persons. In order to become fully inclusive of LGBTI individuals, he stresses that States cannot overlook the “vital role” of partnerships with civil society. He cites a number of partnerships in the fight against HIV/AIDS as particularly strong examples of this. Independent Expert Madrigal-Borloz will present his report and hold an interactive dialogue on 24 October 2019 at 10am.
  • Report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism – How can States truly integrate human rights into the global fight against terrorism that is increasingly shaped by elusive norms of ‘soft law’? According to Special Rapporteur Fionnuala Ní Aoláin’s report (A/74/335), one of the keys is for States to engage with and create space for civil society, non-governmental organisations, and human rights defenders to participate in the shaping of these counter-terrorism norms. Her report maps out how civil society access to these processes can be transformed from “ad hoc and inconsistent” to consistent and meaningful, ensuring that soft-law counter-terrorism norms are not at odds with human rights. The Special Rapporteur’s report will be presented and discussed on 16 October 2019 at 10am.
  • Report of the Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment – Special Rapporteur David R. Boyd clarifies the obligations of States and businesses under a human-rights based approach to climate change in his report (A/74/161). These obligations include providing strong protections for environmental and environmental defenders who work on issues relating to climate change. In addition, the report examines how UN human rights mechanisms can be empowered to better address climate change. The Special Rapporteur will present his report and an interactive dialogue will be held on 24 October 2019 at 3pm.
  • Report of the Special Rapporteur on Freedom of Religion or Belief – Special Rapporteur Ahmed Shaheed expresses alarm in his report (A/74/358) about the rise of anti-Semitism around the world and the ways in which the underreporting of these hate crimes and lack of mechanisms to monitor them enable anti-Semitic hate crimes. The report finds that a lack of Jewish civil society engagement with UN human rights monitors only exacerbates this issue and calls on States to work more closely with Jewish communities and organisations to create mechanisms that fill this void. Special Rapporteur Shaheed ends his report with the recommendation that the Office of the UN Secretary-General appoint a senior-level focal point specifically responsible for monitoring and engaging with Jewish communities on this issue. He will present his report and hold an interactive dialogue on 17 October 2019 at 3pm.
  • Report of the Special Rapporteur on violence against women, its causes and consequences – In her report (A/74/137), Special Rapporteur Dubravka Šimonović stresses the need to address mistreatment and violence against women in reproductive health services from a human rights perspective. The report therefore calls for the creation of human rights-based accountability mechanisms and greater State collaboration with civil society organisations to address violence and mistreatment in reproductive and obstetric care. The Special Rapporteur will present her report and hold an interactive dialogue with the Third Committee on 4 October 2019 at 10am.

ISHR Events

Ending impunity for violations against Human Rights Defenders: see https://humanrightsdefenders.blog/2019/10/09/panel-against-impunity-for-abuses-against-human-rights-defenders-new-york-on-16-october/

  • Book Launch – ISHR will also be hosting a launch of Hurst Hannum’s new book ‘Rescuing Human Rights: A Radically Moderate Approach’ on 18 October at 1:15-2:30pm. Please contact Marina Wilbraham at m.wilbraham@ishr.ch if you are interested in attending. [see also: https://humanrightsdefenders.blog/2019/04/20/hurst-hannum-wants-a-radically-moderate-approach-to-human-rights/]
  • Venezuela on the Brink: The urgency of an appropriate international response to the crisis, where Eleanor Openshaw will be discussing the implications of Venezuela being re-elected to the Human Rights Council. 2 October at 10am in the Church Center, 777 UN Plaza.
  • Breakfast reception to mark the launch of URG’s new yourHRC.org Guide to the 2019 Human Rights Council Elections, where Madeleine Sinclair will be discussing ISHR’s ‘scorecards’ for each of the States seeking election to the UN Human Rights Council for 2020- 2022. October 10 at 8:30 am in Conference Room 6, UNHQ.

https://www.ishr.ch/news/alert-ga-74th-session-third-committee

General Assembly’s 3rd Committee concludes 2018 session

December 4, 2018
The General Assembly‘s human rights committee – the Third Committee – has concluded its seven week session by adopting 57 resolutions, several of which focus on critical human rights challenges and reassert the importance of fundamental freedoms.  The ISHR – as usual – provides an excellent account of key highlights and outlines how these texts will finally be signed off on by the General Assembly Plenary.

This has been an intense session, where sovereignty has been much cited in clashes between States; where divergences in traditional State groupings have been exposed, and important statements and resolutions have been passed reaffirming fundamental freedoms,‘ said ISHR’s Eleanor Openshaw. [ see also: https://humanrightsdefenders.blog/2018/10/05/third-committee-of-un-general-assembly-2018-will-consider-human-rights-issues/]

Several key resolution negotiations and outcomes are outlined below.  This is not the end of the road for these resolutions, however.  Costs of any activities and staffing included in these resolutions will now be considered by the General Assembly’s finance committee – the Fifth Committee –  before all resolutions are finally signed off by the General Assembly Plenary in the third week of December.  States have the opportunity to change their mind on resolutions ahead of final decision-making by the Plenary.  

Thematic Resolutions

Freedom of peaceful assembly and association –  Introduced by the US as a one off, this Third Committee resolution is essentially an ‘omnibus’ text, drawing on language agreed in relevant General Assembly and Human Rights resolutions – including those related to  human rights defenders and the safety of journalists.  The new resolution speaks of the need to protect journalists and media workers, including when covering demonstrations, both online and offline.  It condemns violations and abuses against peaceful protestors on the basis of their political opinion or affiliation.  The resolution does not specifically reference the work of the UN Special Rapporteur on Freedom of Peaceful Assembly and Association – a given in most such thematic resolutions. This, in the context of the US’ withdrawal from the Human Rights Council – the body that creates such rapporteurships.  

During negotiations, the US withstood pressure to include a greater number of references to sovereignty and the importance of national laws, amongst other suggestions.  A vote was called on the draft resolution by China, Russia, Bolivia, Venezuela, Iran, Belarus, Nicaragua and Syria.  The text received strong cross-regional support however, with a final tally of 140 in favour, 0 against and 38 abstentions.  ISHR calls on States that voted against the resolution on freedom of peaceful assembly and association or abstained, to give this key resolution its support at the GA Plenary stage.  Whilst the negotiation process during the Third Committee session could have allowed for greater input from interested parties, the final resolution is strong, and the thematic focus is an important one, in particular in an era of undue restrictions on the exercise and defence of the freedom of peaceful assembly and association.

Extrajudicial and arbitrary executions –  A listing of those most vulnerable to extrajudicial and arbitrary execution in this resolution, became the focus of heated exchanges between States.  This year, divisions between members of a State grouping resulted in a fracturing of the group position.  The Organisation of Islamic Cooperation (OIC) introduced an amendment to delete the listing. When Albania – an OIC member – made clear the amendment was not being presented in their name and, therefore, there was no group position, other States were able to break rank.  This included Tunisia, Lebanon and Turkey.  The amendment was defeated by a vote of 86 -50 with 25 abstentions.

ISHR’s Tess McEvoy welcomed the defence of the inclusion of the listing, which references people targeted because of their sexual orientation or gender identity, and human rights defenders.  ‘By listing those most targeted by extrajudicial executions, you increase attention on the need for their protection,’ said McEvoy. ‘You also hope that impunity – all too common in regard to attacks against particular groups – is effectively challenged.”  A vote was then called on the overall text, to the dismay of lead negotiator Finland.  ‘This resolution is about the right to life,’ said the Finnish Ambassador.  The resolution was adopted, with the listing of those most vulnerable to extrajudicial executions included, 111-0 with 66 abstentions…

..Protecting children from bullying –  Bullying ‘includes a gender dimension’ and is ‘associated with gender-based violence and stereotyping’,  concluded the Third Committee through this consensus text.  The resolution includes strong language on the need to protect all children from and includes agreed language of the most recent CSW on the family.

Violence against women and girls –  With a focus on the experience of women human rights defenders, States are called on to prevent violations and abuses against all women defenders with specific condemnation of gender-based violence, harassment and threats (both online and offline).  US amendments related to the references to sexual and reproductive health and sexual education were defeated on the basis that these would change agreed language. The US ultimately disassociated itself with those paragraphs.

Child, early and forced marriage – Last-minute amendments to include sovereignty language into a resolution focusing on sexual and reproductive health and rights, introduced by the US, were voted down.  

……

Country-specific resolutions

Myanmar –  Key decisions by the Human Rights Council are echoed by the Third Committee in their resolution, including in regard to the establishment of an investigative mechanism to facilitate criminal proceedings in regard to allegations of violations of international law. This said, several elements are missing in the Third Committee text, including references to the ICC and to journalists detained by the Myanmar government.  This year’s resolution gained 20 more votes than last year, passing 142 – 10 with 26 abstentions.   Critics included Russia, China and Laos, who spoke to what they considered the ‘illegitimacy’ or ‘irrelevance’ of country resolutions. Japan explained its abstention on the basis that Myanmar should carry out its own investigations (albeit with international community support).   Myanmar noted that it was the most scrutinised country-  citing ‘at least seven mechanisms’ with a monitoring role- at a cost of 28.6 million USD per year to the UN. Myanmar is a ‘struggling democracy facing many challenges’, noted the representative, comparing Myanmar’s treatment to that of Yemen which, it claimed, didn’t receive the attention it should.  

Iran –  In this resolution introduced by Canada, Iran is urged to end its harassment, intimidation and persecution of human rights defenders, including minority, students’ rights and environmental defenders as well as journalists, lawyers, bloggers, media workers and social media users, and to halt reprisals against them. ISHR, along with several national, regional and international NGOs called on States to vote for these (and other) calls.  

Autonomous Republic of Crimea and the city of Sevastopol, Ukraine –  Ensuring and maintaining a safe and enabling environment for journalists, media workers, human rights defenders and defence lawyers in Crimea, is a key call in this resolution which passed 67-26, with 82 abstentions.  

Syria –   Recalling resolutions adopted by key mechanisms and bodies across the UN system from 2011 onwards, this latest Third Committee resolutions references concern about a range of issues including chemical weapons attacks, rapes, enforced disappearances, the crackdown on journalists and media and other human rights violations. The resolution, introduced by Saudi Arabia, passed with much support with 106 votes in favour, 16 votes against and 58 abstentions. 

Report of the Human Rights Council

The Human  Rights Council in Geneva sends a report to the General Assembly outlining decisions taken in the previous twelve months.  Controversially, this report is considered first by the Third Committee and a resolution on the report drawn up by the African Group.  This year a vote was called on the resolution by Israel to signal their opposition to the standing item on the Council agenda on Israel.  Ultimately, the resolution passed by 111 – 3, with 65 abstentions.

Attacks against the Commission of Inquiry on Burundi

Burundi made several attempts to stop the Commission of Inquiry on Burundi from presenting its report to the Third Committee. When these were foiled, in a repeat of what happened last year, the Burundian Ambassador took the floor to abuse Commission members.  Too few States defended the Commission from these attacks, and the Chair of the Third Committee said nothing.  Swift in condemning the verbal attacks, however, was the High Commissioner for Human Rights, Michelle Bachelet, who called on Burundi ‘to issue an immediate retraction of this inflammatory statement’.  The President of the Human Rights Council also spoke up for UN independent experts and denounced the vilification.   ‘The defence of UN experts from any attack or intimidation must be swift and unambiguous,’ said Openshaw. ‘The lack of response from the heads of key UN bodies in NY – including the President of the General Assembly and Chair of the Third Committee – is really regretful.’  

ISHR Third Committee side event

ISHR hosted a Third Committee side event in coordination with Amnesty International on Tuesday, 23 October titled ‘Protecting human rights defenders: Reflections on the 20th Anniversary of the Declaration.’ Featured on the panel were Michel Forst, UN Special Rapporteur on Human Rights Defenders; Julia Cruz, a lawyer from the NGO Conectas Human Rights, Brazil and Eleanor Openshaw, New York Director at ISHR. Coming directly from presenting his annual report to the Third Committee, the Special Rapporteur and other panel members addressed contextual questions from electoral violence to good practices in protection policies and legislation as well as implementation of the UN Declaration more broadly. During the event, Forst spoke of the importance of the UN Declaration, which he calls ‘a manifesto for the human rights movement’.  It speaks of the ‘central role of everyone within society in the realisation of human rights for all,’ Forst noted.

ISHR’s Conclusion: dynamics at the Third Committee

1/  The tactic of disassociation from paragraphs of resolutions that a particular State dislikes, has continued this session.  The US called a vote on a paragraph in the draft resolution on violence against women and then – when the vote went against them – disassociated themselves from the paragraph anyway.  It could be argued that this approach avoids calls for votes on entire texts, instead isolating areas of contention from those around which consensus has been reached.  However, it does undermine the value of the text and overall efforts to move human rights consensus forward. It is highly dispiriting to see this tactic being increasingly employed.

2/  The confirmation that draft resolutions can only be introduced in the name of individual States rather than a grouping – as emerged during the back and forth on the text on extrajudicial executions – should provide dissenters within a State grouping with more leeway to resist pressure to conform with positions they disagree with.  

3/   Sovereignty arguments were presented by several States during the negotiations of a fair number of draft resolutions. These were successful in some negotiations, such as in regard to the death penalty, and were successfully rejected in others. The drive to foreground and repeatedly reference sovereignty in texts is likely to continue, and efforts to contest it need to be well-coordinated and arguments refined.  

https://www.ishr.ch/news/ga73-third-committee-human-rights-wrap

Third Committee of UN General Assembly 2018 will consider human rights issues

October 5, 2018
With the last session of the the Human Rights Council having been considered fruitful by civil society [https://humanrightsdefenders.blog/2018/09/29/in-spite-of-or-because-of-the-us-absence-the-39th-human-rights-council-considered-a-relative-success/], the focus is now on New York. This week, the UN General Assembly’s principal human rights committee – the Third Committee – kicked off its deliberations (Tuesday 2 October, running through to 21 November 2018).  This is a key moment in the year for UN member States to take action in support of the respect of human rights globally, through the negotiation and adoption of resolutions focused on thematic or country situations.   The ISHR provides the following insight:

Over 50 Special Rapporteurs, independent experts, chairs of working groups and treaty bodies will present findings and recommendations to the Committee, and engage in interactive dialogues with member States.  These reports and exchanges should inform the focus and shape of negotiated resolutions. 

The Committee will consider over 60 resolutions, this year focusing on a range of issues from extrajudicial, summary or arbitrary executions, to the rights of indigenous peoples, and the human rights situation in Syria.  Once adopted, resolutions will pass to the UN General Assembly plenary for confirmation in early December. 

While opportunities for civil society to interact with the Third Committee are more limited than those available at the Human Rights Council, NGOs can attend formal sessions, follow them on  UN Web TV and engage informally with individual member States.  For more on the Third Committee see here.  

ISHR will be working to see the inclusion of positive references to human rights defenders and civil society space, in Third Committee resolutions.  We will be monitoring the Third Committee closely, as well as the General Assembly plenary meetings, and reporting on key developments. Follow us on Facebook, Twitter and Instagram at @ISHRglobal and at #UNGA73for the latest updates.

Also, note that the ISHR will be hosting two side events during the Third Committee session. [see also: https://humanrightsdefenders.blog/2017/07/09/civil-society-participation-at-the-un-subject-of-ishr-event-on-17-july/]

The first event will be about implementing commitments on human rights defenders, and it will be held on Tuesday 23 October at 1:15 p.m-2.45pm. The location of the event is to be confirmed. See here for updates.

ISHR’s second event will focus on treaty bodies and the importance of ensuring transparent elections. ISHR aims to facilitate dialogue about ways to improve treaty bodies and election processes moving forward. Time and date for this event to be confirmed. See here for updates.

http://www.ishr.ch/news/alert-ga-73rd-session-agenda-third-committee