Book Launch: A Practical Anatomy of the Human Rights Council
authored by one of the persons who knows best this institution: Eric Tistounet, Chief of the #HRC Branch at #OHCHR.
This book is the outcome of a six-month #researchfellowship at the Geneva Academy.
Tuesday, October 20, 2020 at 12:30 PM UTC+02
Online and at Villa Moynier (120B Rue de Lausanne, Geneva)
Posts Tagged ‘UN General Assembly’
Book Launch 20 October: A Practical Anatomy of the Human Rights Council
October 10, 2020General Assembly adopted draft resolution seeking protection of human rights in Russian-occupied Crimea,
December 22, 201971 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
Michel Forst in last address to General Assembly pleads to fight reprisals
November 8, 2019On 18 October 2019 the International Service on Human Rights (ISHR) reported on Special Rapporteur, Michel Forst, last appearnace before the UN General Assembly making key recommendations to State and non-State actors and called for human rights defenders to be protected, and for authors of attacks and reprisals to be brought before justice.
On 15 October 2019, the Special Rapporteur on Human Rights Defenders Michel Forst presented his report (A/74/159) to the UN General Assembly’s Third Committee on the issue of impunity for attacks and reprisals against human rights defenders. This was followed by an interactive dialogue with States. This is the last time Forst will address the Third Committee in the capacity of Special Rapporteur. Forst voiced specific concern about digital attacks against youth and women human rights defenders, and expressed the need to protect them. He also expressed concern at specific attacks on human rights defenders living in isolated environments, as well as those working on sexual and reproductive rights and on sexual orientation and gender identity issues.
‘Impunity is used as a weapon by those who wish to undermine the rule of law and silence those struggling to uphold human rights. I echo Forst’s comment that impunity is a political choice, otherwise how do we explain that around 98 percent of killings of human rights defenders in certain countries remains unpunished?’ asked ISHR’s Tess McEvoy.
The Special Rapporteur – and the United States – highlighted individuals and groups from various countries who are victims of reprisals. These included:
The Special Rapporteur’s report made recommendations to States on ways to effectively combat impunity. These included:
- Strengthening mechanisms for the protection of human rights defenders;
- Criminalising acts of violence against human rights defenders; and
- Adopting policies that protect the right to defend human rights whilst also recognising the obstacles that certain groups such as women human rights defenders and those protecting the rights of LGBTI and indigenous persons face.
These recommendations were echoed in a side event organised by ISHR and Amnesty International on 16 October, where women human rights defenders from Yemen and Myanmar provided harrowing accounts of attacks they face in their respective contexts.
Several States voiced their support for the report and the mandate, including Norway who called on all States to support this year’s resolution on Human Rights Defenders currently being negotiated. Notwithstanding the adoption by consensus of a definition of human rights defenders in the 1998 Declaration on Human Rights Defenders, the usual detractors – including Russia and China – sought to delegitimise the work of human rights defenders by questioning whether the term is universally recognised. China went further to suggest that individuals were using the ‘flag of defending human rights’ to violate the law.
Notwithstanding the primary responsibility of States to combat impunity for attacks against defenders, the Special Rapporteur again emphasised his call for non-State actors to protect human rights defenders, and concluded by referencing his 2017 report on Business and Human Rights (A/72/170).
https://www.ishr.ch/news/unga-74-states-must-put-end-impunity-reprisals-against-defenders
Third Committee of the GA also has a lot to do with human rights defenders
October 13, 2019The 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
Human Rights Watch takes populist leaders in UN to task
September 25, 2019
World leaders gathering for the United Nations General Assembly should reject the abusive policies of autocratic populists and promote greater respect for human rights worldwide, Human Rights Watch said ton 23 September 2019. Four leaders who have spearheaded aggressive attacks on human rights at home and at times abroad – Brazilian President Jair Bolsonaro, US President Donald Trump, Egyptian President Abdel Fattah al-Sisi, and Turkish President Recep Tayyip Erdogan – will open the annual General Debate at UN headquarters on September 24, 2019.General Assembly’s 3rd Committee concludes 2018 session
December 4, 2018The 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
Laureates of 10th Edition of UN Human Rights Prizes just announced
October 26, 2018On Friday 26 October 2018 the President of the UN General Assembly announced – in a rather summary and informal tweet:
“Today I announced the 2018 winners of the @UN Human Rights Prize. I am proud to recognise the contributions of individuals & organizations that promote & protect human rights @RebecaGyumi @Asma_Jahangir Joênia Wapichana @FrontLineHRD Your work is an inspiration to us all #UN4ALL“.
This is the tenth time that these awards were since the prize was established in 1968, coinciding this year with the 70th anniversary of the Universal Declaration of Human Rights and the 20th anniversary of the UN Declaration on Human Rights Defenders. For more on this award: http://trueheroesfilms.org/thedigest/awards/united-nations-prizes-in-the-field-of-human-rights
It is probably for that reason that one of the winners is the outstanding Ireland based NGO Front Line Defenders (regularly quoted in the blog, see e.g. https://humanrightsdefenders.blog/tag/front-line-ngo/). The Director Andrew Anderson promptly replies with: “Profoundly honoured that @FrontLineHRD has been named as one of 4 winners of the UN Human Rights Prize. We dedicate this to the courageous & dedicated human rights defenders we work to support.”
Three other winners of the prize are
- Brazilian Joênia Wapichana (officially Joênia Batista de Carvalho) the first indigenous lawyer in Brazil and a member of the Wapixana tribe of northern Brazil. After taking a land dispute to the Inter-American Commission on Human Rights, Wapixana (or Wapichana) became the first indigenous lawyer to argue before the Supreme Court of Brazil. She is the current president of the National Commission for the Defense of the Rights of Indigenous Peoples. She was elected federal deputy for Sustainability Network representing the state of Roraima, in the 2018 general election.
- (posthumously) Ms Asma Jahangir from Pakistan [see: https://humanrightsdefenders.blog/2018/02/11/asma-jahangir-one-of-the-worlds-most-outstanding-human-rights-defenders-dies-at-age-66/]
- Tanzanian Rebeca Gyumi, who is the director and founder of the Msichana Initiative. The organisation advocates for the rights of women and girls, claiming that the persistence of child marriage is a threat to an already vulnerable group in society. In that context see also: https://humanrightsdefenders.blog/tag/girls-not-brides/
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https://www.newstalk.com/Irish-organisation-wins-United-Nations-Human-Rights-Prize
https://www.girlsnotbrides.org/high-court-tanzania-child-marriage/
Destruction of cultural heritage is also an attack on human rights defenders
October 31, 2016When cultural heritage is under attack, it is also the people and their fundamental human rights that are under attack, a United Nations expert warned the UN General Assembly, issuing an urgent call to step up international action against the destruction of heritage such as monuments, historic sites and sacred places, reports Just Earth News on 28 October 2016.
Destruction of cultural heritage is an attack on people and their fundamental rights – UNESCO
“Afghanistan, Iraq, Libya, Mali and Syria are all in our minds on Thursday, but many more countries are to be added to this list, where acts of intentional destruction harm all, target free thinkers and disproportionately affect people belonging to minorities,” the UN Special Rapporteur on cultural rights, Karima Bennoune, stressed in her briefing to the General Assembly’s Third Committee.
According to Special Rapporteur, in order to protect cultural heritage, including precious monuments, sites and sacred places, the first step that has to be taken is protecting human rights and people. “Destruction is often accompanied by other grave assaults on human dignity and human rights. We must care not only about the destruction of heritage, but also about the destruction of the lives of human beings. They are interrelated,” Bennoune stated…
…At the end of her report, the Special Rapporteur paid tribute to all those who had sacrificed their lives to preserve world’s cultural heritage. “In many cases we must consider cultural heritage professionals on the frontlines of the struggle against destruction as human rights defenders,” Bennoune stated, adding that it is vital that we ensure their safety and security, grant them asylum, and create necessary work conditions for them.
Preview of the upcoming session of the UN Human Rights Council
February 25, 2016The UN Human Rights Council will hold its 31st regular session at Palais des Nations in Geneva from 29 February to 24 March 2016 (it also marks the 10th anniversary of the Human Rights Council). The International Service for Human Rights (see link at the bottom of the post) has published an Alert full of details, but I highlight here the elements that concern human rights defenders most directly:
Human rights defenders: The Special Rapporteur on the situation of human rights defenders, Michel Forst, will present his annual report to the Council on 3 March. The report focuses on good practices to promote and protect the rights of human rights defenders. Presentation of the report will be followed by a dialogue. Of significance this session is a substantive resolution that will be presented by Norway on the situation of human rights defenders. The resolution at this session of the Council follows on the heels of the resolution on human rights defenders presented at the General Assembly in November 2015. The General Assembly resolution included a number of new, important and substantive provisions, including on the vital role of advocacy and the work of defenders in contributing to sustainable development and the realisation of economic, social and cultural rights, and the responsibilities of business enterprises with respect to engaging, consulting and protecting defenders. [see also: https://thoolen.wordpress.com/2015/12/18/un-general-assembly-adopts-resolution-on-human-rights-defenders-with-increased-majority/] This latest resolution provides an opportunity to recognise the critically important work of economic, social and cultural rights defenders, and the cross-cutting challenges they face, including restrictions not only on their rights to health, food, housing, social security and work, but also on their rights to freedom of expression, association, assembly and life itself. Economic, social and cultural rights activists have been identified by current and previous Special Rapporteurs on the situation of human rights defenders as among the most isolated and stigmatised defenders. It is integral that the resolution recognises the role of both State and non-State actors in the protection of human rights defenders, and enjoys broad State support for strong language demanding their protection. (On 7 March, ISHR will facilitate a side event on this topic which will be the subject of a separate post) Read the rest of this entry »
Hans Thoolen on Human Rights Defenders and their awards 