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Human rights defenders at the 52nd session of the UN Human Rights Council

March 2, 2023

The 52nd session of the UN Human Rights Council started on27 February and will last until 4 April. Thanks to the Internationl Serrvice of Human Rights I am able to hightlight issues direclty affecting human rights defenders. For the full Alert to the session online, click here. Stay up-to-date: Follow @ISHRglobal and #HRC52 on Twitter. See also: https://humanrightsdefenders.blog/2022/10/14/report-on-the-51st-session-of-the-human-rights-council/

Thematic areas

Protection of human rights defenders The mandate of the UN Special Rapporteur on the situation of human rights defenders is to be renewed at the HRC’s March session through a resolution led by Norway.

Reprisals

ISHR remains deeply concerned about reprisals against civil society actors who engage or seek to engage with UN bodies and mechanisms. We call on all States and on the Council to do more to address the situation. General Debate Item 5 is a key opportunity for States to raise concerns about specific cases of reprisals and demand that Governments provide an update on any investigation or action taken toward accountability. An increasing number of States have raised concerns in recent Council sessions about individual cases of reprisals, including at HRC sessions 39, 41, 42, 43, 45, and 51.

ISHR believe that States raising cases is an important aspect of seeking accountability and ending impunity for acts of reprisal and intimidation against defenders engaging with the UN. In September 2022, ISHR ran a campaign regarding five specific cases of reprisals (#EndReprisals). We continue to urge perpetrator States to resolve these cases and other States to raise these cases in their statements: Ibrahim Metwally Hegazy (Egypt), the co-founder and coordinator of the Association of the Families of the Disappeared. Jiang Tianyong (China), a lawyer and legal rights activist working at grassroots level to defend land and housing rights, promote the rights of vulnerable social groups and expose root causes of systemic rights abuses. The Human Rights Center ‘Viasna’ (Belarus), which works towards the development of civil society and the promotion of human rights in Belarus and provides legal aid to people in defending their rights and public interests. Comité de Familiares de Víctimas del Caracazo (COFAVIC); Observatorio Venezolano de Conflictividad Social (OVCS); Centro de Justicia y Paz (CEPAZ); Control Ciudadano (and its director Ms. Rocío San Miguel); and Espacio Público (and its director Mr. Carlos Correa) (Venezuela): a group of five NGOs and two individuals working for the promotion of human rights in Venezuela and who have a history of cooperating with the UN, including the Fact-Finding Mission on Venezuela. Human rights lawyers and defenders Armel Niyongere,Dieudonné Bashirahishize, Vital Nshimirimana and Lambert Nigarura (Burundi), four prominent and well-respected figures within Burundian civil society and their local communities. In addition, we urge States to raise individual cases of reprisals in the country-specific debates taking place at this session: Nicaragua, Sudan, Israel and occupied Palestine, Myanmar, Iran, Venezuela, Belarus, Democratic Republic of the Congo. Further information on these cases can be found here or by contacting the ISHR team at s.hosseiny@ishr.ch.

Other thematic debates At this 52nd session, the Council will discuss a range of economic, social and cultural rights in depth through dedicated debates with: The Special Rapporteur on the right to food The Independent Expert on the effects of foreign debt The Special Rapporteur on the right to adequate housing The Special Rapporteur in the field of cultural rights The Council will discuss a range of civil and political rights through dedicated debates with: The Special Rapporteur on freedom of religion or belief The Special Rapporteur on torture The Special Rapporteur on the right to privacy In addition, the Council will hold dedicated debates on the rights of specific groups including: The Special Rapporteur on the sale and sexual exploitation of children The Special Representative of the Secretary-General on violence against children and the Special Representative of the Secretary-General on children and armed conflict The Special Rapporteur on the rights of persons with disabilities The Special Rapporteur on minority issues The Independent Expert on the enjoyment of human rights of persons with albinism The Council will hold dedicated debates on the interrelation of human rights and thematic issues including: The Special Rapporteur on the promotion and protection of human rights while countering terrorism The Special Rapporteur on human rights and the environment The High Commissioner’s report on access to COVID-19 vaccines

Country-specific developments

Afghanistan: The mandate of the Special Rapporteur on Afghanistan is a crucial mechanism for ongoing monitoring and documentation of the situation in the country, as well as enabling discussion and dialogue amongst States on its findings. It remains an important channel for communication between human rights defenders and survivors inside Afghanistan with the intergovernmental decision-making spaces. However, it falls short due to the overwhelming evidence of gross violations and abuses in Afghanistan. The HRC must respond to the calls from Afghan human rights defenders, especially women human rights defenders, and civil society and establish an independent accountability mechanism with a mandate and resources to investigate the full scope of violations abuses that continue to be committed in Afghanistan by all parties and to preserve evidence of these violations for future accountability. The Council will hold an interactive dialogue with the Special Rapporteur on 6 March.

China On 24 November 2022, the CERD issued an Urgent Action decision on Xinjiang stressing the ‘scale and nature’ of the repression of Uyghurs and Muslim minorities, as evidenced by the Xinjiang Police Files leaks. The Committee urged China to release all those arbitrarily detained, stop harassing Uyghurs abroad, and fully review its national security framework. For the first time ever, the Committee referred the matter to the Special Adviser of the Secretary-General on the Responsibility to Protect, while reminding ‘all States of their responsibility to cooperate to bring to an end through lawful means any serious breach of human rights obligations.’ States should ensure sustained visibility on the broader human rights situation across China, raising root causes of violations that commonly affect Uyghurs, Tibetans, Hong Kongers and mainland Chinese human rights defenders, including the abuse of national security as documented by the OHCHR’s Xinjiang report and Special Procedures, and ask for the prompt release of human rights defenders, including feminist activists Huang Xueqin and Li Qiaochu, human rights lawyers Chang Weiping and Ding Jiaxi, legal scholar Xu Zhiyong, Uyghur doctor Gulshan Abbas, Hong Kong lawyer Chow Hang-tung, and Tibetan climate activist A-nya Sengdra.

Mali. In 2020, Mali finally adopted its implementation decree for the HRD law. While it was a long awaited achievement, especially as it establishes the defenders protection mechanism within the National Human Rights Institution, the text also provides that in order to be recognised as such, any defender must carry a card or badge issued in advance by the Minister responsible for human rights. This provision was later reinforced by the decision adopted by the Malian government in September 2020, which establishes the characteristics and procedures for granting and withdrawing the professional card of human rights defenders. During the last presentation of the report of the independent expert on the human rights situation in Mali, ISHR delivered a statement asking the independent expert what support he planned to give to the Malian government to ensure the full implementation of the defenders law and its protection mechanism. The HRC must keep the scrutiny on Mali to ensure that defenders in the country are protected in line with the UN Declaration and not restricted by the limitation imposed by a card defining the status of defenders. The Council will hold an interactive dialogue with the independent expert on 30 March.

DRC The DRC has noticeably improved the protection of human rights in the Kasaï region but progress remains slow and action is still needed towards transitional justice and the protection of defenders in this region. In December 2022, the national assembly of the DRC adopted the draft law for the protection and promotion of defenders. The last step is for the text to be adopted by the Senate, which would strengthen the protection of defenders at the national level after the adoption in February 2016 of an edict for the protection of human rights defenders and journalists in the South Kivu province and a similar text adopted in November 2019 on the Protection of Human Rights Defenders in the North Kivu Province. The United Nations Joint Human Rights Office (UNJHRO) must support the calls of civil society and ensure the protection and promotion of defenders is part of its support to the government of the DRC. The Council will consider oral updates and hold an enhanced interactive dialogue with the High Commissioner and the team of international experts on the DRC on 30 March.

Egypt Notwithstanding the launch of a national human rights strategy, the fundamental purpose of which is to deflect international scrutiny rather than advance human rights, there has been no significant improvement in the human rights situation in Egypt since the joint statement delivered by States in March 2021. Since that time no consequential follow-up has occurred at the HRC, while the situation has further deteriorated on the ground. As witnessed by the world during COP27, the brutal crackdown on civil society in Egypt continues to intensify. Sustained, coordinated action on Egypt at the Council is more necessary than ever. Egypt continues to carry out widespread and systematic violations of human rights, including freedom of expression and freedom of assembly and association. The Egyptian authorities have for years employed draconian laws, including laws on counterterrorism, cybercrimes, and civil society in order to subdue the civilian populations and stifle all forms of peaceful dissent and mobilisation. Under the current government, Egypt ranks among the worst three countries in the world in the numbers of jailed journalists and almost all independent media has been forced to shut down or threatened into silence. Hundreds of websites continue to be banned. Scores of civil society and media representatives continue to be disappeared, tortured and arbitrarily detained under the pretense of counter-terrorism and national security.

While the release of a few select arbitrarily-detained activists is a sign that international pressure works, the number of releases pales in comparison to the vast numbers of individuals newly detained by the National Security Prosecution, or whose arbitrary detention was renewed in 2022. Between the reactivation of the Presidential Pardons Committee in April 2022 and the end of 2022, the authorities released around 900 people held for political reasons, but almost triple that number of suspected critics and opponents were interrogated by prosecutors and arbitrarily detained. ISHR reiterates the calls of more than 100 NGOs from around the world urging the HRC to create a monitoring and reporting mechanism on the ever-deteriorating human rights situation in Egypt.

Israel / OPT This session will consider a number of resolutions associated with the human rights situation in Israel and the Occupied Palestinian Territories, including with respect to the right of Palestinian’s to self-determination, as well as expanding and illegal Israeli settlements. Israeli policies and practices against Palestinian people have been found to constitute acts of apartheid by UN experts as well as by both international and national NGOs, while a HRC-mandated commission of inquiry has found that Israel’s permanent occupation and de facto annexation of Palestinian territory is likely unlawful. ISHR calls on all States to engage with these resolutions on their human rights merits, applying objective criteria in a principled and consistent way which upholds the right of self-determination as well as freedom from violence and discrimination. The Council will hold an interactive dialogue with the High Commissioner on ensuring accountability and justice in the Occupied Palestinian Territory, including East Jerusalem on 3 March.

Nicaragua A year after the adoption of resolution 49/3, the UN system has continued to document a steady deterioration of the country’s multi-pronged human rights crisis: UN and IACHR documentation compiled by the Colectivo 46/2 point to the absence of any step taken to implement any of the 14 recommendations from resolution 49/3. Instead, the ruling party has seized absolute control over the country’s 153 municipalities in a 2022 electoral process characterised by ‘repression of dissenting voices and undue restriction of political rights and civil liberties,’ according to the OHCHR; canceled the legal status of more than 2500 civil society organisations; detained political prisoners in inhumane conditions; and allowed for the continuation of widespread attacks, including 32 killings since 2018, by armed settlers against indigenous peoples of the Northern Caribbean Coast. The Nicaraguan government has confirmed its diplomatic isolation by refusing to cooperate with six UN Treaty Bodies within a year prompting an unprecedented public condemnation by the UN’s two anti-torture committees. It has also retaliated against EMRIP member and Nicaraguan citizen Anexa Cunningham, by denying her entry into the country on July 9. We urge the Human Rights council to renew, for a period of two years, resolution 49/3 establishing the mandate of the Group of Human Rights Experts on Nicaragua, and the monitoring mandate of the OHCHR. We call on all governments to support such a resolution and reinforce its intersectional approach, by bringing particular attention to the situation of indigenous peoples and afro-descendants, migrants and forcibly displaced persons, those detained for political reasons and the families of victims.

Saudi Arabia According to ALQST‘s 2022 annual report, the Saudi authorities’ unleashed a new wave of repression in 2022. Familiar patterns of abuse continued, including arbitrary arrests, enforced disappearances and harsh restrictions on prisoners of conscience released from prison, including travel bans. However from mid-year onwards in particular, the Saudi courts started imposing jail sentences of unprecedented severity for peaceful, legitimate activity on social media, further deepening the climate of fear in the kingdom. Use of the death penalty increased sharply after a lull during the COVID period, with the biggest mass execution in recent times (of 81 men in a single day), and executions for non-violent drugs-related offences made a dramatic comeback. This intensification of repression went hand in hand with the progressive diplomatic rehabilitation of Saudi Arabia’s crown prince and de facto ruler, Mohammed bin Salman. We call on the HRC to respond to the calls of NGOs from around the world to create monitoring and reporting mechanism on the ever-deteriorating human rights situation in Saudi Arabia.

Sudan The Sudanese military and some political parties and civic groups signed a framework agreement to pave the way for a power transition to civilian forces in December 2022. But the agreement was not widely welcomed by local resistance movements, including resistance committees and some women’s groups. The protests continued across the country demanding a comprehensive transitional process that respects the people’s demands for accountability, peace, and justice. In the meantime, the security forces crackdown on protests is sustained, while the violations of freedoms of assembly, expression, and association continues. Following the political framework agreement, attacks on women human rights defenders (WHRDs) and women groups continued as the violence in conflict areas escalated. The HRC must ensure continued reporting on Sudan and to urge the international community to prioritise justice and accountability in any upcoming political solution. The Council will consider an oral update and hold an interactive dialogue with the High Commissioner and designated Expert on 3 March.

Ukraine In the face of overwhelming evidence of war crimes and crimes against humanity associated with Russia’s war of aggression against Ukraine, ISHR calls on the HRC to renew the mandate of the Commission of Inquiry on human rights in Ukraine associated with Russia’s war of aggression, including the mandate of the Commission to examine the root causes of the conflict such as the repression and criminalisation of human rights defenders and independent journalists in Russia. The Council will hold an interactive dialogue with the Commission of Inquiry on 20 March. The Council will also hold an interactive dialogue on the OHCHR report on Ukraine on 31 March.

Venezuela ISHR joins Venezuelan and international organisations in urging states to speak out against the NGO bill currently passing through the National Assembly in Venezuela. The ‘Law of Supervision, Regularization, Performance and Financing of Non-Governmental and Related Organizations’ seeks to criminalise and further restrict the work of NGOs in the country. During the HRC session, there will be two agenda items specifically focusing on Venezuela: the update from the High Commissioner on 21 March, and an oral update by the UN fact-finding mission on 23 March, which will be their first since their mandate was renewed by the Council, last September. The High Commissioner’s update will no doubt include impressions and recommendations drawn from his recently concluded first visit to Venezuela. These updates will take place at a time of ongoing political flux in the country, upcoming elections and – critically – further threats to civic space. During the interactive dialogues on Venezuela, States must continue to express concern at ongoing human rights and humanitarian crises in the country, at the introduction of the NGO bill and call for the release of the arbitrarily detained including human rights defender Javier Tarazona who has now been held for almost 600 days, wholly without justification.

Yemen ISHR joins civil society organisations from Yemen and around the world in urging the HRC to establish an independent international criminally focused investigative mechanism on Yemen. Before its untimely dissolution in 2021, the UN Group of Eminent Experts (GEE), established by the HRC in 2017, recommended that UN member States refer the situation in Yemen to the International Criminal Court (ICC), support the establishment of an international criminally focused investigative mechanism, and stressed the need to realise victims’ right to reparation. In late 2021, HRC members narrowly rejected a resolution that would have renewed the GEE’s mandate following lobbying by Saudi Arabia and the UAE. In September 2022, Saudi Arabia and Yemen rejected attempts by States to ensure continued discussion at the HRC of the ongoing human rights crises in Yemen. The international community should not stand by and allow the vote to disband the GEE to be the HRC’s last word on the situation, nor should they allow warring parties to continue to block formal discussions of large-scale human rights abuses, war crimes and the urgent need for accountability. A new, HRC-mandated mechanism is required to ensure that potential avenues of criminal accountability and reparative justice are effectively explored for Yemen and may be pursued now and in the future to address impunity and provide effective redress to victims.

Guatemala Guatemala’s recent UPR put a spotlight on the fast deterioration of democratic spaces in the country. Over twenty States raised attacks against indigenous, environmental, and other human rights defenders, and journalists. There has been a steady increase in attacks, with a record high of 1000 attacks by 2021 according to local groups. The government, meanwhile, made no reference to the issue during the review. States also shared concern about the erosion of judicial independence, an issue repeatedly highlighted by UN experts and officials. Over the past years, UN experts have exposed interference or blocking in the appointment of high level court judges. High Commissioner Volker Türk recently condemned a 70% increase in cases of intimidation and criminal charges against justice officials fighting impunity and corruption. A growing number of judges and legal professionals have fled the country since the government closed the UN’s International Commission Against Impunity in Guatemala (CICIG) in 2019. In 2021, UN and OAS experts denounced a ‘choking’ law that gave the government ‘wide scope to control NGOs’. In this context, space for Guatemalan civil society to safely advocate for human rights and expose violations, and for the judicial authorities to respond to abuses and uphold the rule of law has become dangerously narrow. These patterns create serious risks of further deterioration – in a trend that is also seen in neighbouring Central American countries – in the lead-up to the June 2023 presidential elections. High Commissioner Türk’s presentation of his Office’s report on Guatemala to the HRC in March will provide a critical window of opportunity for States to collectively urge Guatemala to engage with the OHCHR to meaningfully address and put an end to attacks against human rights defenders and justice officials, ensure judicial independence, and review laws and policies that restrict civil society space.

Other country situations

The High Commissioner will provide an oral update to the Council on 7 March. The Council will consider updates, reports and is expected to consider resolutions addressing a range of country situations, in some instances involving the renewal of the relevant expert mandates. These include: Enhanced interactive dialogue with the Special Rapporteur on Eritrea Oral briefing and interactive dialogue with the International Commission of Human Rights Experts on Ethiopia ID with the Special Rapporteur on the Democratic People’s Republic of Korea and a presentation of the report of the High Commissioner Interactive Dialogue with the High Commissioner on Belarus Interactive dialogue with the High Commissioner, and interactive dialogue with the Special Rapporteur on Myanmar Interactive Dialogue with the Special Rapporteur on Iran Interactive Dialogue with the Commission of Inquiry on Syria Enhanced interactive dialogue with the Commission on Human Rights in South Sudan with the participation of the High Commissioner, and an interactive Dialogue on the OHCHR report on South Sudan High-level Dialogue with the Independent Expert on the Central African Republic Interactive dialogue with the Fact-Finding Mission on Libya #HRC52 | Council programme, appointments and resolutions During the organisational meeting for the 52nd session, held on 13 February, the President of the Human Rights Council presented the programme of work. It includes 7 panel discussions. States also announced at least 39 proposed resolutions.

Adoption of Universal Periodic Review (UPR) reports

During this session, the Council will adopt the UPR working group reports on Bahrain, Ecuador, Tunisia, Morocco, Indonesia, Finland, the United Kingdom, India, Algeria, Philippines, Brazil, Poland, the Netherlands, and South Africa.

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. 7 panel discussions are scheduled for this upcoming session: Biennial high-level panel discussion on the question of the death penalty. Theme: Human rights violations relating to the use of the death penalty, in particular with respect to limiting the death penalty to the most serious crimes High-level meeting commemorating the thirty-fifth anniversary of the Declaration on the Right to DevelopmentHigh-level panel discussion on UPR Voluntary Funds: achievements, good practices and lessons learned over the past 15 years and optimized support to States in the implementation of recommendations emanating from the fourth cycle Annual full-day meeting on the rights of the child [two accessible meetings]. Theme: Rights of the child and the digital environment Annual interactive debate on the rights of persons with disabilities. Theme: Support systems to ensure community inclusion of persons with disabilities, including as a means of building forward better after the COVID-19 pandemic Debate in commemoration of the International Day for the Elimination of Racial Discrimination. Theme: The urgency of combating racism and racial discrimination 75 years after the adoption of the Universal Declaration of Human Rights Annual high-level panel discussion on human rights mainstreaming. Theme: A reflection on five years of the United Nations Youth Strategy (Youth 2030): mapping a blueprint for the next steps
Read here the three-year programme of work of the Council with supplementary information.

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

https://mailchi.mp/ishr/alert-to-the-human-rights-councils-35th-session-33793?e=d1945ebb90

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Tags: 52nd session of the UN Nhuman Rights Council, China, DRC, Egypt, Human Rights Council, Ibrahim Metwally Hegazy, ISHR, Israeli-occupied territories, Jiang Tianyong, Mali, Nicaragua, Rocío San Miguel, Sudan, Ukraine, Universal human rights Group, UPR, Viasna Human Rights Centre

2023: it can only get better for human rights

January 3, 2023

It seems bold to be so optimistic, but lets not forget that the assertion starts from a very low base: 2022 was probably one of the worst years with the Ukrainian war, further repression in Russia, death sentences for protesters in Iran and no let up in China.

Also remarkable wss the relatively poor observance of internatioanl Human Rights Day on 10 December 2022. Usually I make selection of events (e.g. https://humanrightsdefenders.blog/2021/12/10/human-rights-day-2021/ and https://humanrightsdefenders.blog/2019/12/17/human-rights-day-2019-anthology-part-ii/), but this year there was little to report. Just these:

In an interview with Global Solutions of 9 December the “new” High Commissioner for Human Rights, Volker Turk, [see also:https://humanrightsdefenders.blog/2022/09/15/new-high-commissioner-for-human-rights-volker-turk-the-man-for-an-impossible-job/] gives an answer to the question: 10 December marks Human Rights Day; With this milestone – and your new role – in mind, what’s your vision for human rights?

I think we have to start with where we are with the world and we are at a very peculiar moment. We have all lived through these multiple crises. We have seen the geopolitics, the divisions, the fragmentation, and all these things that have preoccupied us at a time when you would hope that the international community would come together and craft something that would respond to the big challenges that we face.

So for me, human rights is the force that comes in and unifies us. Because it brings us back to human dignity and to what makes us all connected with each other. Let’s not forget that the Universal Declaration of Human Rights emerged out of the ashes of the Second World War. It provided the inspiration and the motivation that the world needed at that time. So, I think we need to almost counter intuitively go back to the basics of what this unifying force – this concentration on the human being – was. We need to regain the universality and the indivisibility of the human rights regime.

Secondly, we also need to look at human rights in the 21st century, for example in the digital transformation that we’re seeing. Take the letter I wrote to Twitter’s Elon Musk, for instance. Social media platforms play a very important role. We know the role Facebook played in Myanmar, for example, when the Rohinga crisis happened, in allowing disinformation and hatred to spread. So, human rights needs to look at the type of issues that we face today.

And the third area that I hope we can achieve next year, is we have to look at the human rights ecosystem as a whole. So, what is the role of the treaty bodies, of the special procedures mandate-holders, of the Human Rights Council, Universal Periodic Review process, and of my own office too – and how do we strategically deal with different situations?

Freedom House took the occasion to consider that Political prisoners and the victims of human rights abuses have taken a back seat when global summits and events occur. But it is exactly because of those events that we should be giving the victims of such abuses our full attention...

Symbolic dates like International Human Rights Day offer space to reflect on and advocate for the rights of the brave people who have been imprisoned or experienced retaliation for standing up to repressive, authoritarian rule. But political prisoners and others fighting for freedom deserve our attention for more than one day of the year. We cannot allow their plight to be sidelined because it is inconvenient to think about them during an event like the World Cup.

The World Cup is one of several events in recent months that has drawn criticism for the human rights controversies surrounding it. In what was meant to be a historic summit to discuss the imminent threats posed by climate change, the latest United Nations Climate Change Conference (COP27), held in Egypt in early November, instead became a spotlight on the host country’s abysmal human rights record. The large number of human rights defenders and activists currently detained or imprisoned in Egypt was difficult to ignore, and one case in particular stood out for its perilously high stakes. British-Egyptian democracy activist Alaa Abdel Fattah, imprisoned for his activism, endured a six-month hunger strike, now over, which resulted in the Egyptian authorities denying his family the ability to contact him as the conference took place. They desperately pleaded with the authorities for proof he was alive, and his sister Sanaa took the stage at official summit events to advocate for her brother’s release. She faced threats from Egyptian officials who accused her of calling on foreign entities to intervene in the country’s internal affairs.

Participating governments could have added to this pressure and set the stage for the release of Abdel Fattah and numerous other political prisoners, by conditioning Egypt’s hosting role on freeing political prisoners ahead of COP27. Instead, the conference’s setting appeared hypocritical, as climate justice depends in large part on respect for democracy and human rights.

Similarly, this fall’s G20 summit saw leaders of multiple countries that hold political prisoners convene for strategic discussions. The lives and freedoms of imprisoned human rights defenders, journalists, and prodemocracy activists in Saudi Arabia, China, Turkey, Russia, Mexico, India, and even the host state Indonesia, were superseded by “other priorities.” In Indonesia, human rights defender Victor Yeimo, who has spoken out on the rights abuses occurring in West Papua, was arrested in May 2021, reportedly due to his involvement in antiracism and self-determination protests two years prior. Charged with crimes including treason, he remained in detention while the G20 met. His case and others across the various member states should have been highlighted, as respect for international human rights principles and commitment to strong democracies are key to long-term national and global security and economic stability.

Scott Walker, a Researcher at the Castan Centre for Human Rights Law, a and a Research Assistant within the Faculty of Law, Monash University.decided to draw attention to an important case concerning climate justice; On 10 December 2022 the world marks Human Rights Day commemorating the adoption of the Universal Declaration of Human Rights(UDHR) in 1948. This year’s theme is dignity, freedom, and justice for all, in anticipation of the 75^thanniversary of the UDHR in 2023. It gives us cause to reflect on the mobilising force that the UDHR has become in the struggle for human rights across the world. Yet, there is always more work to be done to truly achieve a world in which dignity, freedom, and justice is a lived reality for all. To do so we must utilise human rights both as a guidepost for advocacy and a tool for concrete, on the ground change to address some of the most pressing and ongoing challenges facing our world; including the immediate and catastrophic impacts of climate change.

Here in Australia, the path to domestic enshrinement of human rights has been a meandering one: only two States (Victoria and Queensland) and one Territory (the Australian Capital Territory) have Human Rights Acts. Yet, the capacity of these Human Rights Acts to achieve real and meaningful change in people’s lives is profound. Increasingly, people on the frontline of the climate crisis are also turning towards human rights to achieve justice. The potential impact of human rights-based climate litigation was recently demonstrated in the decision of the Land Court of Queensland in Warratah Coal Pty Ltd v Youth Verdict Ltd. In this case, the Court recommend against the grant of a mining lease and environmental authority to allow Warratah Coal to mine thermal coal in Queensland’s Gallilee Basin. This case deserves closer examination to illustrate the way in which human rights enshrined in law can be mobilised in claims for climate justice.

On 10 December 2022, the Human Rights Campaign Foundation (HRCF), the educational arm of the nation’s largest lesbian, gay, bisexual, transgender and queer (LGBTQ+) civil rights organization, announced this year’s recipients of 20 Global Innovation Small Grants as a part of the organization’s Global Partnerships Program. The grants range from $1,000 to $5,000 and are awarded to organizations around the world working to improve the lives of LGBTQ+ people in these countries. This announcement coincides with International Human Rights Day, which is celebrated annually around the world, marks the December 10 anniversary of the United Nations adoption of the Universal Declaration of Human Rights in 1948. The declaration was the first of its kind and recognized that “every human being is born free and equal in rights and dignity.” The grants support members of of HRC’s growing global alumni network, which now consists of some 200 LGBTQ+ advocates in close to 100 countries. All of them have participated in one of the HRC Foundation’s global programs, including the flagship annual Innovative Advocacy Summit.

The Network of Chinese Human Rights Defenders, December 9, 2022 Ahead of International Human Rights Day on December 10, CHRD celebrated the courage and bravery of human rights advocates and calls on the Chinese government to stop violating its obligations to protect human rights and free those detained for exercising their human rights. We urge the international community to keep hope alive and continue supporting defenders on the forefront.

In recent years. Xi Jinping, the General Secretary of the Chinese Communist Party, has suffocated civil society and space for free expression, jailed COVID whistleblowers, journalists, lawyers, labor organizers and feminists, LGBTQ+ activists and religious practitioners. Yet we are encouraged by the glimmers of hope that have emerged in the recent protests. The protests demanding political changes began with spontaneous gatherings to pay tribute to Uyghur victims in the Urumqi Fire. The rapidly spreading protests, led by youth, likely proved to be the last straw in forcing the Chinese Party-State to reverse course on its draconian “zero-COVID” measures.

Reasons for hope: Young people have brought new vitality to the fight for human rights

The scope of this short-lived wave of protests in cities across China was enormous, comparatively speaking. Thus far, there have been at least 68 protests across 31 cities since November 25^,according to the Australia Strategic Policy Institute (ASPI). And it has largely been young people who have led the protests. The Urumqi apartment complex fire, which took the lives of at least ten Uyghur women and children, as rescue was obstructed by barriers thought to be erected for COVID lockdown but likely for “counter-terror” measures, brought people into the streets to mourn the loss of lives, to assemble and speak out against the devastating zero-COVID control and the political system that made such control possible.

Human Rights Day 2022 in China: Reasons for Hope

https://freedomhouse.org/article/imprisoned-not-forgotten-rights-abuses-and-global-events-hide-th

https://genevasolutions.news/human-rights/volker-turk-it-s-my-duty-to-be-the-voice-of-human-rights

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Tags: 2022, anthology, Australia, China, FIFA World Cup, Freedom House, funding, Human Rights Campaign Foundation (HRCF), international human rights day, Ukraine, United Nations Framework Convention on Climate Change (COP25), Universal Declaration of Human Rights, Volker Turk, Warratah Coal Pty Ltd v Youth Verdict Ltd.

Today: the people of Ukraine win this year’s European Union Prize

October 19, 2022

The European Parliament on Wednesday 19 October awarded “the people of Ukraine” its annual Sakharov Prize for freedom of thought amid the ongoing war with Russia. For more on this award and its previous laureates, see: https://www.trueheroesfilms.org/thedigest/awards/BDE3E41A-8706-42F1-A6C5-ECBBC4CDB449

“This award is for those Ukrainians fighting on the ground. For those who have been forced to flee. For those who have lost relatives and friends. For all those who stand up and fight for what they believe in. I know that the brave people of Ukraine will not give up and neither will we,” said Roberta Metsola, the European Parliament’s head.

EU Commission chief Ursula von Der Leyen congratulated the people of Ukraine and said: “Their spirit and determination to fight for the values we hold dear is an inspiration to us all.”

“At (the EU Council) we’ll focus on continuing our assistance; we will stand with Ukraine for as long as it takes,” European Council President Charles Michel said on Twitter.

Last year: https://humanrightsdefenders.blog/2021/10/21/alexei-navalny-wins-eus-sakharov-prize/

https://www.europarl.europa.eu/news/en/press-room/20221017IPR43706/the-ukrainian-people-awarded-the-european-parliament-s-2022-sakharov-prize

https://www.aa.com.tr/en/europe/ukrainian-people-awarded-eus-sakharov-prize-for-freedom-of-thought/2715666

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Tags: digest of human rights awards and laureates, EU, European Parliament, human rights, human rights award, Sakharov Prize for Freedom of Thought, Ukraine

Nobel Peace Prize 2022 goes to well-recognised human rights defenders

October 7, 2022

On 7 September 2022 The Norwegian Nobel Committee decided to award the Nobel Peace Prize for 2022 to one individual and two organisations, who represent civil society in their home countries. They have for many years promoted the right to criticise power and protect the fundamental rights of citizens. They have made an outstanding effort to document war crimes, human right abuses and the abuse of power. Together they demonstrate the significance of civil society for peace and democracy.

This year’s Peace Prize is awarded to human rights advocate Ales Bialiatski from Belarus, the Russian human rights organisation Memorial and the Ukrainian human rights organisation Center for Civil Liberties. The first two are well-known and received many important human rights awards.

Ales Bialiatski was the winner of 11 other awards, see: https://www.trueheroesfilms.org/thedigest/laureates/72682FFF-628F-4A5D-B6B3-52A776FF0E47, while Memorial got 7 awards earlier [see: https://www.trueheroesfilms.org/thedigest/laureates/BD12D9CE-37AA-7A35-9A32-F37A0EA8C407], Oleksandra Matviichuk, the chair of the Ukrainian Center for Civil Liberties received a few days ago the Right livelihood award [see: https://www.trueheroesfilms.org/thedigest/laureates/75690f04-7a51-4591-8e18-0826b93959b3]

Ales Bialiatski founded the organisation Viasna (Spring) in 1996 in response to the controversial constitutional amendments that gave the president dictatorial powers and that triggered widespread demonstrations. In the years that followed, Viasna evolved into a broad-based human rights organisation that documented and protested against the authorities’ use of torture against political prisoners. Government authorities have repeatedly sought to silence Ales Bialiatski. He was imprisoned from 2011 to 2014. Following large-scale demonstrations against the regime in 2020, he was again arrested. He is still detained without trial. Despite tremendous personal hardship, Mr Bialiatski has not yielded an inch in his fight for human rights and democracy in Belarus. See also: https://humanrightsdefenders.blog/tag/viasna-human-rights-centre/

The human rights organisation Memorial was established in 1987 by human rights activists in the former Soviet Union who wanted to ensure that the victims of the communist regime’s oppression would never be forgotten. Nobel Peace Prize laureate Andrei Sakharov and human rights advocate Svetlana Gannushkina were among the founders. Memorial is based on the notion that confronting past crimes is essential in preventing new ones. After the collapse of the Soviet Union, Memorial grew to become the largest human rights organisation in Russia. In addition to establishing a centre of documentation on victims of the Stalinist era, Memorial compiled and systematised information on political oppression and human rights violations in Russia. Memorial became the most authoritative source of information on political prisoners in Russian detention facilities. The organisation has also been standing at the forefront of efforts to combat militarism and promote human rights and government based on rule of law. During the Chechen wars, Memorial gathered and verified information on abuses and war crimes perpetrated on the civilian population by Russian and pro-Russian forces. In 2009, the head of Memorial’s branch in Chechnya, Natalia Estemirova, was killed because of this work. [see also: https://humanrightsdefenders.blog/2019/07/15/ngos-remember-10th-anniversary-of-natalia-estemirovas-murder/]

Civil society actors in Russia have been subjected to threats, imprisonment, disappearance and murder for many years. As part of the government’s harassment of Memorial, the organisation was stamped early on as a “foreign agent”. In December 2021, the authorities decided that Memorial was to be forcibly liquidated and the documentation centre was to be closed permanently. The closures became effective in the following months, but the people behind Memorial refuse to be shut down. In a comment on the forced dissolution, chairman Yan Rachinsky stated, “Nobody plans to give up.” [see also: https://humanrightsdefenders.blog/2021/12/29/russias-supreme-court-orders-closure-emblematic-memorial/]

The Center for Civil Liberties was founded in Kyiv in 2007 for the purpose of advancing human rights and democracy in Ukraine. The center has taken a stand to strengthen Ukrainian civil society and pressure the authorities to make Ukraine a full-fledged democracy. To develop Ukraine into a state governed by rule of law, Center for Civil Liberties has actively advocated that Ukraine become affiliated with the International Criminal Court. After Russia’s invasion of Ukraine in February 2022, Center for Civil Liberties has engaged in efforts to identify and document Russian war crimes against the Ukrainian civilian population. In collaboration with international partners, the center is playing a pioneering role with a view to holding the guilty parties accountable for their crimes.

By awarding this Nobel Peace Prize for 2022 the Norwegian Nobel Committee is honouring outstanding champions of human rights and consistent efforts in favour of humanist values, anti-militarism and principles of law.

https://www.nobelprize.org/prizes/peace/2022/press-release/

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Tags: Ales Bialiatski, awards, Belarus, Center for Civil Liberties (CCL), civil society organisations, digest of human rights awards and laureates, Human Rights Centre Viasna, Human Rights Defenders, Memorial Human Rights Centre, Nobel Peace Prize, Russia, Ukraine

Deutsche Welle Freedom of Speech Award 2022 to two Ukrainian journalists

May 10, 2022

Ukrainian visual journalist and novelist Mstyslav Chernov and photojournalist Evgeniy Maloletka are this year’s DW Freedom of Speech Award laureates. For more on this and other awards for press freedom, see: https://www.trueheroesfilms.org/thedigest/awards/b9e2c660-8e41-11ea-b31d-31ce896d8282

“Mstyslav Chernov and Evgeniy Maloletka have a way of reporting that is painful to read and watch, but what really hurts is the truth that their reporting conveys: Russia brutally attacking Ukraine, and thereby Ukrainian civilians, under a fabricated pretense. While there are nuances to every story, there is no way facts can be negotiated. This is exactly what the Kremlin is doing: Distorting facts, spreading misinformation,” said DW Director General Peter Limbourg. “

The journalists, who both remain in Ukraine to continue their coverage of the war, welcomed the news about receiving the DW Freedom of Speech Award as an acknowledgment of their work. The award ceremony will be held on June 20 as part of the DW Global Media Forum.

AP journalist and novelist Mstyslav Chernov and freelance photojournalist Evgeniy Maloletka are both from eastern Ukraine. Previously, their reports and footage from the conflicts in Crimea and eastern Ukraine have been published in various international media, including BBC, Deutsche Welle, The New York Times, Washington Post, Der Spiegel and others. As a war reporter in several conflict zones such as Iraq or Syria, Chernov has been wounded multiple times. Before the war, Maloletka had also been working on a project about the Hutsul community in western Ukraine, their traditions and daily life, and on the impact of the conflict in the Donbas. Evgeniy Maloletka is a freelance photojournalist based in Kyiv.

The report “20 days in Mariupol: The team that documented city’s agony” offers a unique account of Mariupol under Russian siege, with Chernov and Maloletka being the last journalists in the city before their evacuation. They documented the city’s first deaths at the city hospital of Mariupol and the attack on the maternity ward with pregnant women and children in it, as well as numerous bombings. During this work, the journalists themselves were under constant attack and took great risks only to find a steady connection to upload their footage of the siege, bringing it to the attention of the international community. They were evacuated by Ukrainian soldiers to avoid them falling into the hands of Russians, who had been hunting them down.

AP Senior Vice President and Executive Editor Julie Pace: “Mstyslav and Evgeniy were the world’s eyes and ears in Mariupol, producing courageous and compelling reporting as the only international journalists inside the besieged city. The harrowing realities of Russia’s war would have remained unseen without their bravery. We are extremely proud of their work.“

https://www.dw.com/en/dw-freedom-of-speech-award-2022-goes-to-ukrainian-journalists-mstyslav-chernov-and-evgeniy-maloletka/a-61638608

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Tags: Associated Press, awards, Deutsche Welle, digest of human rights awards and laureates, Evgeniy Maloletka, freedom of the press, journalists, Mariupol, Mstyslav Chernov, photo journalism, Ukraine

2022 Václav Havel International Prize for Creative Dissent

May 10, 2022

On 3 May 2022 the Human Rights Foundation (HRF) announced the three recipients of the 2022 Václav Havel International Prize for Creative Dissent.

The 2022 laureates are: professional basketball player and human rights advocate Enes Kanter Freedom, Iranian artist project PaykanArtCar, and Ukrainian-born Russian journalist Marina Ovsyannikova. This year’s laureates will receive their awards on Wednesday, May 25, during the 2022 Oslo Freedom Forum.

Enes Kanter Freedom is a professional basketball player and vocal advocate for human rights. Since the start of the 2021 NBA season, he has used his global platform to consistently raise awareness of the Chinese Communist Party (CCP)’s human rights abuses. Using his basketball shoes as the canvas for his messages, he wore multiple artistic designs highlighting issues such as the Uyghur genocide, the occupation of Tibet, slave labor at the Nike shoe factories, and the intolerance of China’s dictator. As a result of his creative dissent, he is now banned from China and was dropped by both the Boston Celtics and the Houston Rockets, despite being only 29 years old and in the prime of his career. Freedom’s perseverance has captured the attention of international media and informed millions of sports fans about the global struggle for individual rights in places like Tibet and the Uyghur region. At a time when professional athletes display incessant hypocrisy, unlimited greed, and double standards, Freedom emerges as the moral conscience of professional basketball. Freedom first came to international attention as an outspoken critic of Turkish President Recep Tayyip Erdoğan, making him a target of Turkey’s government — he was deemed a “terrorist” by the regime, stripped of his passport, and was publicly disowned by his family. In late 2021, he changed his name and added “Freedom” as his official last name. See: https://www.trueheroesfilms.org/thedigest/laureates/525e5018-7f56-4009-85b8-3f3cce9a8810

The PaykanArtCar unites the talents of contemporary Iranian artists in the diaspora with a beloved symbol of Iranian national pride — the Paykan automobile — to advocate for human rights in Iran. The car used was once gifted by Mohammad Reza Shah Pahlavi of Iran to the Romanian dictator, Nicolae Ceaușescu, and was purchased at an auction to serve as the canvas for artwork by Iranian artists in exile. Each year, PaykanArtCar commissions an exceptional Iranian artist-in-exile to use the car to capture the Iranian struggle for human dignity and basic freedoms. The inaugural PaykanArtCar was designed by Alireza Shojaian and features a historic Persian design with a provocative message about the brutality and ruthlessness faced by the marginalized and oppressed LGBTQ+ community inside Iran. The PaykanArtCar represents brave, creative dissent against the human rights abuses of Iran’s theocratic dictatorial regime. The PaykanArtCar will travel to Norway to be present at the Oslo Freedom Forum as part of Human Rights Foundation’s Art in Protest exhibit and will be parked at the event venue. The second edition of PaykanArtCar will be painted by a female Iranian artist and will advocate for women’s rights in Iran.

Marina Ovsyannikova is a Ukrainian-born Russian journalist and activist, who staged a live protest against the war in Ukraine during a news broadcast of Russian state TV. Ovsyannikova was a longtime editor at Russia’s Channel One, where her job was to assist those engaged in disinformation to be distributed to the Russian people. After thinking through ways in which she could protest, she chose to interrupt a live broadcast, holding a sign calling for “no war.” Following her demonstration on live TV and a subsequent anti-war video, Ovsyannikova was held overnight in a police station, denied access to a lawyer, and ultimately fined 30,000 roubles — she disappeared without contact for more than 12 hours. The Kremlin denounced her protest as “hooliganism,” and Ovsyannikova faces up to 15 years in prison under Russia’s disinformation laws. In a recent article, she expressed profound regret for her years as a participant in “the Russian propaganda machine” where her job was to create “aggressive Kremlin propaganda – propaganda that constantly sought to deflect attention from the truth, and to blur all moral standards,” she says: “I cannot undo what I have done. I can only do everything I possibly can to help destroy this machine and end this war.”

For more on the Václav Havel International Prize for Creative Dissent and its laureates, see: https://www.trueheroesfilms.org/thedigest/awards/438F3F5D-2CC8-914C-E104-CE20A25F0726

HRF Announces the 2022 Havel Prize Laureates

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Tags: artists, awards, digest of human rights awards and laureates, Enes Kanter, Iran, Journalist, Marina Ovsyannikova, PaykanArtCar, Russia, sports and politics, Turkey, Ukraine, USA, Vaclav Havel International Prize for Creative Dissent

New “Kofi Annan Courage in Cartooning Award” to Ukrainian and Hungarian press cartoonists

May 10, 2022

Geneva Solutions of 3 May 2022 reported on the first issue of the Kofi Annan Courage in Cartooning Award. This is in fact a merger of two pre-existing awards for cartoonists [for more info, see: https://www.trueheroesfilms.org/thedigest/awards/f60cb3d4-c79a-43aa-9b5c-351c56c02ae1]

The conflict in Ukraine with all these absurd symbols (Vladimir Kazanevsky for Nebelspalter)

Ukrainian Vladimir Kazanevsky and Hungarian Gabor Papai were announced as the winners of the Kofi Annan Courage in Cartooning Award at a ceremony at the Maison de la Paix in Geneva and presented by the Freedom Cartoonists Foundation. Jury : Kenneth Roth, Human Rights Watch (president), Sami Kanaan, City of Geneva and cartoonists Ann Telnaes (USA), Kak (France) and Chappatte (Switzerland). The portraits below were done by True Heroes Films (THF)

Vladimir Kazanevsky

Vladimir Kazanevsky, Ukraine’s leading cartoonist, was working in his studio early in the morning of 24 February when he heard loud explosions near the airport in Kyiv. He and his wife fled to western Ukraine, along with a huge wave of families fleeing the bombings. From there they went to Presov, a town in Slovakia with a community of artists.

Deprived of his drawing materials, catalogues and books, which he had to leave behind in Kyiv, Kazanevsky continues to draw relentlessly: Putin in action, on a tank or on the bow of the Titanic. “Autocrats and dictators are afraid of our cartoons, and they are right, because our drawings are powerful weapons,” he says.

Fiercely determined to continue the fight against Russian aggression, the 71-year-old sees his work as an act of resistance. An act of defence of freedom of expression against war propaganda.

Gábor Pápai

For several years, Hungarian cartoonist Gàbor Pàpai and his newspaper Népszava – the only opposition daily still alive in Budapest – have been the subject of attacks and legal proceedings by the authorities – even though Hungary is part of the European Union.

This cartoon, “The Chronicle” by Gábor Pápai, published in Hungary’s daily newspaper Népszava on 28 April shows the Hungarian National Public Health Centre’s chief doctor looking at Jesus on the cross and suggesting that many people who had deceased from the coronavirus had already been likely to die because they had suffered from pre-existing conditions.

It was intended to ridicule Hungary’s chief health figure for having tried to minimise the number of deaths solely attributable to the coronavirus in Hungary and, by extension, to mock the government’s handling of the crisis.

“Its depiction and use of Jesus on a cross sparked an outcry from the representatives of the Christian Democrat Party, an ally of the ruling Fidesz, to the point that the Secretary of State for persecuted Christian communities, Tristan Azbej, accused Gábor Pápai of blasphemy and threatened to sue him or Népszava,” as Reporters Without Borders, who came to the defense of Papai, explains.

The Catholic religion, the fight against Covid or simply Hungarian history are all pretexts for prosecution in a country ranked 92nd in the world press freedom index by Reporters Without Borders (RSF). This shameful ranking has been deteriorating ever since Viktor Orbán became Prime Minister, putting all independent media in great difficulty. Some, like Népszava, are directly threatened with extinction. Gàbor Pàpai, far from being intimidated, continues to critically observe and draw all political actors in Hungary.

Monitoring and documenting violations in Ukraine

April 22, 2022

HURIDOCS has been working with urgency to meet the needs of our Ukrainian partners to enable effective, comprehensive and safe documentation of human rights violations. The HURIDOCS Team on 19 April 2022 tells how:

A maternity ward and children’s hospital are hit by an airstrike. Schools and apartment blocks are shelled. A psychiatric facility is attacked. Residential areas are targeted by cluster bombs. Critical infrastructure is struck by missiles. Mass civilian graves are discovered.

These horrendous attacks on civilians in Ukraine, some of them on healthcare facilities, are labelled by the United Nations as ‘acts of unconscionable cruelty’. Russia’s invasion of Ukraine, which started on 24 February 2022, is unfolding as a series of atrocities committed against civilians.

Indiscriminate attacks using missiles, heavy artillery shells, rockets and airstrikes on civilians and non-combatants are in contravention of international humanitarian law and may amount to war crimes. Apart from attacks on civilians, Russia is reported to be shelling agreed-upon humanitarian corridors from conflict zones and therefore halting mass evacuations.

Borodyanka, a Ukrainian commuter town near Kyiv, was among the first places to be hit by Russian airstrikes.

Kyiv Declaration calls for support to groups actively documenting violations

Leaders of more than 100 Ukrainian civil society organisations have published the Kyiv Declaration, which defines the invasion as “a war against the fundamental principles of democracy”. The #KyivDeclaration asks for solidarity and immediate action, and outlines six urgent appeals to the international community. The organisations are collectively calling for the creation of safe zones in Ukraine, military aid, sanctions against Russia, humanitarian aid, freezing assets and revoking visas of prominent Russian families, and providing equipment to track war crimes. This includes technology and support to groups who are actively documenting the events in Ukraine, as well as human rights groups and lawyers who will be supporting accountability efforts in the long run.

An appeal from 100 Ukrainian civil society leaders

HURIDOCS has been working with urgency to meet the needs of our Ukrainian partners to enable effective, comprehensive and safe documentation of human rights violations.

“When Russia started its full-scale invasion in February this year, we revived the work of EuromaidanSOS. We are faced with a large number of war crimes that need to be documented. Among these are indiscriminate attacks on civilians and civilian objects, deliberate killings, torture, cruel and inhumane treatment, enforced disappearances and other crimes listed in the Rome Statute. Such acts are not justified by any circumstances of the war. Russia is simply using war crimes as a way of waging war.
Our volunteers from EuromaidanSOS are based in different parts of the country, and some of them work directly in hot spots, where they face constant connectivity issues. This is why usable technical solutions are indispensable. As this work is undertaken in the context of war, it is important to have qualified technology support. We are very grateful to the organisations, such as HURIDOCS, providing it in this difficult time for us.”– Oleksandra Matviychuk, Head of the Center for Civil Liberties and Board Member of HURIDOCS

Documenting violations is vital for accountability

Four days into the Russian invasion, the International Criminal Court (ICC) Prosecutor opened an investigation into war crimes being committed in Ukraine. In conjunction with the investigation, the ICC launched a contact portal and anyone with relevant information is urged to come forward and share the details with the ICC. The United Nations Human Rights Council expressed that it is gravely concerned about the escalating human rights and humanitarian crisis and passed a resolution to establish a Commission of Inquiry. The Commission will first and foremost collect evidence of violations and those responsible, and subsequently submit reports to the Human Rights Council and General Assembly. The Federal Prosecutor’s Office in Germany has launched an investigation by collecting evidence of suspected crimes on civilians and critical infrastructure. Germany’s probe is based on the principle of universal jurisdiction, which allows countries to prosecute crimes against international law outside of its borders.

The United Nations High Commissioner for Human Rights released a statement where she expressed horror by the images of civilian bodies on the streets and in improvised graves in the town of Bucha. She stated that reports of egregious crimes raise serious questions about possible war crimes and grave breaches of international and humanitarian law. She urged that “it is vital that all efforts are made to ensure there are independent and effective investigations into what happened in Bucha to ensure truth, justice and accountability, as well as reparations and remedy for victims and their families”.

In addition to these and other measures already underway to investigate possible war crimes and breaches of international and humanitarian law, some of the most authoritative civil society organisations in Ukraine have established a global initiative to seek justice and hold perpetrators accountable. The ‘Breaking the Vicious Circle of Russia’s Impunity for Its War Crimes’ initiative was jointly established by the Ukrainian Helsinki Human Rights Union, the Kharkiv Human Rights Protection Group and the Center for Civil Liberties, and is also known as the ‘Tribunal for Putin’.

The Tribunal for Putin aims to document events which can be classified as genocide, crimes against humanity and war crimes under the Rome Statute of the International Criminal Court. The Tribunal for Putin will also collect evidence and facts on the crimes committed and will work with existing international mechanisms of the United Nations, Council of Europe, OSCE, EU and the International Criminal Court. The initiative has called for support from various actors such as international organisations, networks, government agencies, public associations, volunteer initiatives and groups who all share the common goal of restoring peace in Ukraine and ensuring that justice will prevail.

Civil society plays a crucial role in seeking justice

In this context, it is clear that the systematic documentation of human rights violations, irrespective of who is committing the transgression, is critical to achieving justice and accountability. Documentation should not only be undertaken to assist future justice and accountability mechanisms but also to support the process of reckoning and healing.

Civil society plays a key role in efforts to document and monitor violations, and to build and strengthen cases for accountability. Civil society actors are usually the first to respond to crises, have the deepest community reach and can mobilise the people who are living through these experiences. Documenting human rights violations as they happen is imperative in the process of restoring justice. To effectively and safely assist the community there is a need for strong digital tools to gather, process, preserve, manage, protect and analyse the rapidly growing bodies of potential evidence, including large amounts of storage-intensive video. In addition, deterrence against the worst violations can also be established through credible documentation strategies.

HURIDOCS is a longtime supporter of civil society organisations and human rights defenders who use human rights documentation strategies and tools as a means to strengthen accountability and advocate for justice. We are already supporting a number of groups working on documenting human rights violations in Ukraine and HURIDOCS invites other initiatives who need support with their documentation efforts to contact us. We value diverse approaches to documenting violations, as it may strengthen accountability measures and aid in articulating narratives during the process of memorialisation.

Support for documenting violations in Ukraine

With the increased need for support to document violations in Ukraine to strengthen accountability, the Alfred Landecker Foundation has partnered with HURIDOCS to increase our capacity to support civil society-led initiatives where our expertise can be helpful. HURIDOCS is grateful to the Foundation for the support, as it comes at a time when documenting threats to peace, justice and democracy is critical. The support from the Alfred Landecker Foundation will be used to assist groups who are already participating in documentation efforts, and to aid other initiatives related to documenting violations in Ukraine.

HURIDOCS is currently supporting our partners in the following ways:

Training and consultation on information collection, protection and management techniques and associated tools, such as Uwazi;
Setting up digital information repositories to securely store sensitive data;
Refinement and integration of existing technology solutions to document, protect and analyse evidence of human rights violations; and
Hardening and scaling infrastructure to preserve and protect large amounts of information.

There is a significant and growing need to support organisations with their efforts to gather, process, preserve, manage, protect and analyse information on abuses. Reliable documentation of violations is essential for the restoration of justice in the pursuit of upholding democracy and human rights.

Urgent support for documentation in Ukraine

Posted in Human Rights Defenders, HURIDOCS | 3 Comments »
Tags: civil society organisations, documentation tools, EuromaidanSOS, human rights monitoring, HURIDOCS, ICC, impunity, Kyiv Declaration, Ukraine, war crimes

Results 49th session Human Rights Council as seen by NGOs

April 15, 2022

13 organisations – including the ISHR – have shared reflections on the key outcomes of the 49th session of the UN Human Rights Council, as well as the missed opportunities to address key issues and situations. . Full written version below [see also: https://humanrightsdefenders.blog/2022/02/21/guide-to-49th-session-of-human-rights-council-with-human-rights-defenders-focus/:

We stand in solidarity with human rights defenders in Ukraine, as well as those in Russia and around the world striving for peace, justice and accountability.

We welcome the Council’s swift response to the devastating human rights consequences of Russia’s aggression against Ukraine, setting up a strong accountability mechanism. The war in Ukraine represents the latest in a growing regional human rights crisis and the action taken by the Council to establish this accountability mechanism is an important step.

Since the Council took action in response to Russia’s invasion of Ukraine, Ukrainian human rights defenders have documented evidence of violations that may amount to war crimes, including indiscriminate attacks, forced deportation of Ukrainians to Russia, abductions and disappearances of political activists and human rights defenders, and the intentional targeting of local political figures, journalists, civilians, and civilian infrastructure. While we welcome the Council’s initial response, it is imperative that the Council remain diligent and responsive to situational needs, including a potential special session prior to HRC50 should the situation in Ukraine continue to deteriorate.

Every human rights situation must be dealt with on its merits, with Council members ensuring a principled and consistent application of international law and standards, including in all situations of occupation. It is imperative that the Council uses all available tools to ensure the fulfilment of the inalienable right to self-determination of the Palestinian people as a whole struggling against Israel’s apartheid, and to act with urgency to support Palestinian civil society in a context of mounting repression.

We recall the mounting recognition of Israel’s imposition of an apartheid regime over the Palestinian people, including by the UN Special Rapporteur Michael Lynk, but also prior to his historic report, in a joint statement by 47 UN Special Procedures which stated that “above all, the Israeli occupation has meant the denial of the right of Palestinian self-determination.” In a joint statement at this session, 90 organisations reiterated that “Double standards on this matter, including those propagated by Europe and the United States, severely undermine the effectiveness and legitimacy of international human rights and humanitarian legal standards. For 73 years, the international community has enabled Israeli impunity and failed to hold Israeli perpetrators accountable for serious crimes against Palestinians. Accountability is long overdue.”

This Council must also urgently act to dismantle systemic racism in border control and migration governance and play its role in upholding all human rights for all at international borders, including the right to seek asylum. All human beings crossing European borders from Ukraine are fleeing the same dangers. We deplore the discrimination and violence against Africans and other racialized groups fleeing Ukraine, as well as the different approach taken towards refugees fleeing other conflicts.

We welcome the Council’s decision to extend the mandate of the OHCHR Examination on Belarus. We remind the Council that the original Examination did not start its work for a number of months which resulted in delays in documenting and analysing evidence of human rights violations committed in the context of Belarus’s 2020 presidential elections. We are concerned by reports that the Examination will be moved from Geneva to Vienna and delays which could result from such action. We encourage the Council to engage with OHCHR to ensure that the Examination rolls over without delay.

We welcome attention paid to the issue of transitional justice in the Democratic Republic of Congo in the context of the interactive dialogue at this session, and stress that any meaningful transitional justice process must include a judicial mechanism with a strong international component to hold perpetrators to account.

While we welcome the renewal of the Special Rapporteur on Iran, we urge the Council to revisit its business as usual approach to the human rights situation in Iran. We regret that the resolution fails to contain any substance on the situation of human rights in the country, a situation that is unique for country resolutions under item 4. As noted by the Special Rapporteur in his report to this Council, “institutional impunity and the absence of a system for accountability for violations of human rights permeate the political and legal system of the Islamic Republic of Iran.” We furthermore urge the Council to answer the Special Rapporteur’s appeal for “the international community to call for accountability with respect to long-standing emblematic events that have been met with persistent impunity”.

It is clear from its interim report to this Council that the Fact-finding Mission for Libya must be renewed in June, ideally for a period of two years. Much more work needs to be done to promote the institutions necessary for accountability in the country.

We welcome the adoption of the resolution on Myanmar – by consensus – maintaining enhanced monitoring and reporting on the ongoing crisis, and with calls for suspension of arms transfers to Myanmar as a necessary step towards preventing further violations and abuses of human rights.

We celebrate the establishment of a Group of Human Rights Experts on Nicaragua, as the repression intensifies, and the government does not show any willingness to cooperate with the UN. The Group’s mandate to investigate human rights violations since April 2018, including root causes and intersectional forms of discrimination, identify perpetrators, and preserve evidence, will pave the way for future accountability processes, putting victims at the heart of the Council’s response.

We welcome the adoption of the resolution on human rights defenders and we stress that recognizing and protecting human rights defenders involves not only their holistic and security protection but also recognition of the important work they do in conflict and post-conflict situations. We also welcome the reference of the impact of arms transfers in this resolution, but regret a more substantive reference could not be made in the operational paragraphs. We also regret that child human rights defenders have not been included in the resolution despite the strong request from many States.

We welcome the leadership of Uruguay, on behalf of GRULAC, and the EU on the resolution on the rights of the child and family reunification in the context of migration and armed conflict, ensuring a strong focus on children as rights holders, prevention of family separation and the establishment of effective and accessible family reunification procedures. We are concerned once again, by the attempt to weaken the text on child participation through amendments. Finally, we regret that the resolution does not include a clear reference to the existing standards on prohibition of child immigration detention, and that the important recognition, especially in the context of the resolution, that various forms of family exist was not retained in the text.

We welcome the extension of the mandate of the Special Rapporteur for the promotion and protection of human rights while countering terrorism, although we regret that the resolution does not clearly stress the need for additional resources to the mandate due to its necessary focus on activities of UN on counter-terrorism in New York. We recognise the important analysis on states of emergency that was very relevant during the pandemic.

We welcome the adoption of the resolution on disinformation. The resolution reaffirms the central role of the right to freedom of expression in countering disinformation and stresses that censorship cannot be justified to counter disinformation, including through Internet shutdowns or vague and broad laws criminalising disinformation. It also draws attention to the role of algorithms and ranking systems in amplifying disinformation. We urge States to follow the approach of the resolution and counter disinformation through holistic measures, including by ensuring a free, independent, plural and diverse media, protecting the safety of journalists, and promoting access to information held by public bodies.

Whilst underlining the importance of protecting the independence of the OHCHR and ensuring there is no state interference in its work, we welcome the resolution on promoting and protecting economic, social and cultural rights within the context of addressing inequalities in the recovery from the COVID-19 pandemic, its emphasis on austerity measures and policies imposed by International Financial Institutions (IFIs) and its impact on economic, social and cultural right. We regret the language calling out IFIs was not stronger and in this regard encourage the workshop that will be convened by the High Commissioner to address the specific impacts of austerity measures imposed by IFIs on human rights specifically on recovery from COVID 19 Pandemic.

We welcome reports 49/68 on […] prevention and technical assistance and capacity-building, and 49/88 on the contribution of […] all human rights […] to achieving the purposes and upholding the principles of the UN Charter – they emphasized how the Council and the broader human rights community can work more effectively and coherently across all UN pillars to sustain peace – including through systematically integrating human rights in UN common analysis and programming, and increasing synergies between UN pillars; and ensuring human rights are at the centre of a new social contract.

We regret that the Council failed to respond to several human rights situations.

In the context of new heights of repression threatening the survival of independent civil society in Algeria, we welcome the High Commissioner’s call on the Government of Algeria to take all necessary steps to guarantee its people’s rights to freedom of speech, association and peaceful assembly, to which we add the right to freedom of religion or belief. Special Procedures have repeatedly warned about increasing crackdown on religious minorities, in the context of a sustained crackdown on civil and political freedoms.

We note the High Commissioner’s announced visit to China, while expressing concerns at the lack of transparency over agreed terms for unfettered access. We recall precedents that cast shadow over the possibility that the Chinese authorities indeed allow genuine unrestricted access and inquiry, across the country. We deplore her Office’s lack of coherence in responding to serious human rights violations in China, as this Council still awaits a long-promised report on grave violations in Xinjiang, the Uyghur region, with no further indication on its protracted release.

We express deep disappointment in a lack of follow up by States to the joint statement condemning widespread violations in Egypt delivered last March. The Egyptian human rights movement and independent rights NGOs continue to face a real and imminent threats to their existence. The authorities continue to misuse counterterrorism laws to arbitrarily detain thousands, including hundreds of human rights defenders, activists, political opponents and journalists, while systematically resorting to enforced disappearances and torture. Judges continue to sentence hundreds of defendants following their convictions as a result of unfair criminal trials, including to death, amid an alarming spike in executions since late 2020. Given the failure of the Egyptian authorities to meaningfully address the on-going human rights crisis and tackle impunity for crimes under international law and other serious human rights violations, we strongly urge follow up action at this Council. The price of silence is too high.

It is unfortunate that the Council did not take steps to respond to the substantial and growing attacks on human rights on the territory of the Russian Federation. Since Russia launched its war against Ukraine, the authorities have further clamped down on the freedoms of assembly, association, and expression and made legitimate human rights work increasingly difficult. Peaceful protest is effectively forbidden. Independent media are forbidden from printing facts and required to solely report government narratives. Two decades of repression against independent civil society, journalists, and human rights defenders laid the groundwork for the authorities to be able to launch an unprovoked attack against Ukraine and the Council has a responsibility to respond accordingly. We demand that the Council establish a Special Rapporteur on the situation of human rights in Russia at its soonest opportunity.

Finally, we call on the UN General Assembly to suspend Russia’s rights of membership of the Council for committing widespread, gross and systematic human rights violations, some amounting to war crimes.

Signatories: International Service for Human Rights, Asian Forum for Human Rights and Development, Cairo Institute for Human Rights Studies, Human Rights House Foundation, Centro de Estudios Legales y Sociales, CIVICUS: World Alliance for Citizen Participation, International Commission of Jurists, International Bar Association’s Human Rights Institute (IBAHRI), Women’s Centre for Legal Aid and Counselling, Gulf Centre for Human Rights, child rights connect, Habitat International Coalition, FIDH.

https://ishr.ch/latest-updates/hrc49-civil-society-presents-key-takeaways-from-human-rights-council/

Posted in human rights | 2 Comments »
Tags: 49th session of the UN Human rights council, Algeria, apartheid, Egypt, Human Rights Defenders, ISHR, Israeli–Palestinian conflict, Russia, special rapporteurs, suspension membership Council, Ukraine

Suspension of membership UN Human Rights Council finally operationalised

April 8, 2022

(Credit: UNTV)

It was big news that Russia was stripped of its seat in the Un human Rights Council.

In March 2014 in one of my first blog posts I argued for making better use of the possibility to suspend member states (be it in the context of reprisals): “The resolution establishing the new Human Rights Council – replacing the previous Commission – states that “members elected to the Council shall uphold the highest standards in the promotion and protection of human rights.” And one of the novelties touted was that the General Assembly, via a two-thirds majority, can suspend the rights and privileges of any Council member that it decides has persistently committed gross and systematic violations of human rights during its term of membership.

The chilling effect that reprisals can have – especially when met with impunity – is potentially extremely damaging for the whole UN system of human rights procedures and will undo the slow but steady process of the last decades. Taken together with the above-mentioned seriousness of the aggravating character of reprisals, a powerful coalition of international and regional NGOs could well start public hearings with the purpose of demanding that States that commit reprisal be suspended.

If States can lose their right to vote in the General Assembly if they do not pay their fees for several years, there is in fact nothing shocking in demanding that States, who persecute and intimidate human rights defenders BECAUSE they cooperate with the United Nations, are not allowed to take part in the proceedings of the UN human rights body.” [see: https://humanrightsdefenders.blog/2014/03/13/zero-tolerance-for-states-that-take-reprisals-against-hrds-lets-up-the-ante/]

UN members voted on Thursday 7 April to strip Russia from its seat at the Human Rights Council, over alleged civilian killings in the region around Kyiv, Ukraine. The proposal, presented at a UN General Assembly emergency session in New York, was backed by 93 countries. Russia, China, Belarus, Syria and Iran were among the 24 countries to vote against, while 58 countries, including India, Brazil and South Africa abstained.

Introducing the US-led resolution, Ukrainian ambassador to the UN, Sergiy Kyslytsya, told fellow members that suspending Russia’s right to sit on the Council, was “not an option, but a duty”.

This is the second time in the history of Human Rights Council (HRC) since its creation in 2006 that a sitting member has been kicked out. The first one was Libya, when late former dictator Muammar Gaddafi led a deadly crackdown on protests in 2011, only to be reinstated eight months later. See also: https://humanrightsdefenders.blog/2016/07/05/amnesty-and-hrw-trying-to-get-saudi-arabia-suspended-from-the-un-human-rights-council/

This is the first time a permanent member of the UN Security Council has been removed from any UN body.

Countries react

Taking the floor, China, Iran, Syria, North Korea, Venezuela and Cuba, echoed Russia’s comments and said the move was politically driven. Belarus dubbed it an attempt to “demonise” Russia. Warning that they would abstain, several countries including India, Egypt, Senegal, Brazil, Mexico, Saudi Arabia and the United Arab Emirates, argued it was too soon to vote on such a proposal and that investigations into the allegations should be conducted beforehand.

In a statement published on its website, Russia’s permanent mission in Geneva called the decision “an unlawful and politically motivated step, the sole purpose of which – to exert pressure on a sovereign state that pursues an independent domestic and foreign policy”.

Russia’s deputy ambassador, Gennady Kuzmin, said after the vote that Russia had already withdrawn from the council before the assembly took action, apparently in expectation of the result. By withdrawing, council spokesman Rolando Gomez said Russia avoided being deprived of observer status at the rights body.

https://genevasolutions.news/peace-humanitarian/un-votes-russia-out-of-the-human-rights-council-over-alleged-gross-violations-in-ukraine

https://news.un.org/en/story/2022/04/1115782

Posted in Human Rights Council, UN | 2 Comments »
Tags: international human rights, Russia, suspension membership Council, Ukraine, UN General Assembly, UN Human Rights Council, United Nations

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