Posts Tagged ‘UN Human Rights Council’

Sri Lanka and the UN Human Rights Council: a Tale of Two Stories

March 18, 2019

One at the political level: On 17 March it was reported that a Sri Lankan parliamentarian – who will be a member of a delegation to be sent to the UN Human Rights Council next week – has slammed the UN High Commissioner for Human Rights report on his island, calling it “an atrocious piece of writing containing lies, half lies and highly contestable statements”. Sarath Amunugama, a senior former minister said the Sri Lankan delegation would be meeting with the UN High Commissioner for Human Rights to take up their complaints in person.

The report, released last week, said Sri Lanka had made “virtually no progress” on the investigation of war crimes, and also raised several other issues, including concerns over on-going reports of abduction, torture and sexual violence, institutional failures within the criminal justice system, ongoing harassment of human rights defenders since 2015 and the military’s continued occupation of civilian land. Amunugama though claimed the report was “methodologically incorrect” and contained “totally unwarranted statements”.

His comments come after less than a day after Sri Lanka’s ministry of foreign affairs agreed to the co-sponsoring of a roll-over UN resolution, the president Maithripala Sirisena said he wanted it stopped.  Sirisena also said that the delegation he would be sending to Geneva would argue that Sri Lanka should be allowed to ‘solve its own problems’.

—–

And the other more ‘scientific’, fact-based approach of Verité Research which is engaged in a four-part series on government progress in fulfilling commitments in Resolution 30/1.

Press Emblem Campaign (PEC) reports to Human Rights Council on media casualties

March 13, 2019

Press Emblem Campaign (PEC), a nongovernmental organization presented a statement on press freedom and journalist killings duringUnited Nations Human Rights Council 40th session in Geneva on 13 March 2019.

The Press Emblem Campaign (PEC) documented last year the killing of 117 journalists, an increase of 17 percent in media casualties compared to the previous year. In five countries journalists paid an unacceptable toll: Afghanistan with 17 killed, Mexico also with 17 killed, Syria with 11 killed, Yemen and India, with 8 journalists killed in each of those countries. The PEC urged the Members of the Human Rights Council to fight more firmly impunity and to bring the responsible of those crimes to justice.

The PEC is also worried by the large number of arrests among journalists in the recent turmoilin Sudan, the repression of press freedom in Nicaragua and Venezuela, the statement reads. PEC expressed itsspecial concern with the continuous judicial harassment of journalists in Turkey in the statement.

PEC was one of the organizers of the panel discussion on human rights violations in Turkey, which the Turkish government mobilized its entire diplomatic corps to prevent during 40th Regular Session of the UN Human Rights Council on 5 March. The move prompted an outcry from human rights defenders.[see: https://stockholmcf.org/erdogan-govt-fails-to-cancel-un-human-rights-council-event-on-turkey/%5D

Turkey is the biggest jailer of journalists in the world. The most recent figures documented by SCF (Stockholm Centre for Freedom) show that 211 journalists and media workers were in jail as of March 11, 2019, most in pretrial detention. Of those in prison 134 were under arrest pending trial while only 77 journalists have been convicted and are serving their time. Detention warrants are outstanding for 167 journalists who are living in exile or remain at large in Turkey. The government also closed down some 200 media outlets.

See also: https://humanrightsdefenders.blog/2019/02/20/european-parliament-rapporteur-on-turkey-kati-piri-it-makes-no-sense-to-continue-talks-on-eu-membership/

Saudi Arabia for first time openly criticized in UN Human Rights Council

March 8, 2019

Whether by intent or by coincidence, the very critical statement of the UN Human Rights Council on Saudi Arabia came on International Women’s Day 2019. There was considerable media attention. Interesting to note is the difference in emphasis between the NYT and the Washington Post:

By Nick Cumming-Bruce wrote for the NYT on 7 March 2019:

“Dozens of Western countries rebuked Saudi Arabia for its aggressive crackdown on free expression in a landmark initiative on Thursday in the United Nations’ top human rights body. It was the first time states had ever confronted the kingdom over its human rights record in the United Nations Human Rights Council, where Saudi Arabia is one of 47 members. The rebuke came in a statement signed by 36 nations — including every member of the European Union — that condemned Saudi Arabia’s “continuing arrests and arbitrary detentions of human rights defenders” and its use of counterterrorism laws to silence peaceful dissent. The statement pointed in particular to the treatment of Saudi women who have challenged the kingdom’s strict rules. The nations also called on Saudi Arabia to cooperate fully with investigations into the death of Jamal Khashoggi, the Washington Post columnist who was killed at the Saudi Consulate in Istanbul. The statement specifically named 10 people, all arrested last year in a crackdown that started shortly before Saudi Arabia introduced reforms allowing women to drive: Loujain Al-Hathloul, Eman Al-Nafjan, Aziza Al-Yousef, Nassima Al-Sadah, Samar Badawi, Nouf Abdelaziz, Hatoon Al-Fassi, Mohammed Al-Bajadi, Amal Al-Harbi and Shadan al-Anezi. The statement drew applause from human rights groups, which said it broke Saudi Arabia’s apparent impunity from condemnation in the council.

“It sends a strong signal that Saudi Arabia is not untouchable, and that council members should be held to a higher level of scrutiny,” said Salma El Hosseiny, an advocate for the Geneva-based International Service for Human Rights.

——-

Ishaan Tharoor wrote for the Washington Post of 8 March 2019 :”The West’s rebuke of Saudi Arabia won’t change its course”


(Anjum Naveed/AP)

The rhetorical attacks keep coming at Saudi Arabia from the West. On Thursday, the European Union signed on to a rare rebuke of the kingdom. …The statement was the first collective reprimand of Riyadh issued at the council since it was founded in 2006…Both the Trump administration and Saudi officials have sought to shield Mohammed from scrutiny, but that hasn’t dimmed the outrage of a host of Western governments and lawmakers. In Washington, Congress is still battling the White House over the latter’s flouting of a legal requirement to report to the Senate on the crown prince’s role in Khashoggi’s death. Though U.S. politicians remain bitterly divided on most issues, they have found an unusual consensus in their antipathy toward Riyadh……..

But the Saudis’ response has so far been categorical and unrepentant. “Interference in domestic affairs under the guise of defending human rights is in fact an attack on our sovereignty,” said Abdul Aziz Alwasil, the kingdom’s permanent representative in Geneva, in reaction to the European Union’s statement. Similar bullish statements came from the Saudi Foreign Ministry this year as members of Congress weighed the passage of a punitive bill.

That Riyadh has endured only the slightest course corrections amid months of controversy speaks, firstly, to the durability of the monarchy’s economic ties with a host of major powers. International political and business elites have shown themselves all too willing to overlook a regime’s record when it suits their interests. But it also speaks to the fact that despite their concerns over Khashoggi’s death, insiders in Washington cheer the Saudi push toward a more “normal” and secular modernity encouraged by Mohammed’s ambitious economic and social reform agenda. Movie theaters have sprung up, and women can now learn to drive — no matter that key female activists who clamored for these rights are still in prison.

Mohammed has championed these reforms by inculcating a new spirit of nationalism. “Saudi Arabia’s undergoing an aggressive nationalist rebranding, downplaying an austere religious doctrine associated abroad with terrorism, and promoting veneration of de facto ruler Crown Prince Mohammed bin Salman as he pursues an economic overhaul,” noted Bloomberg News this week, exploring the extent to which overt nationalism is supplanting the kingdom’s traditional religious orthodoxy. “Amid efforts to maintain domestic support while redesigning the contract between state and citizen, traitors, not infidels, are the enemy.”

The lecturing from Western capitals, too, plays into this dynamic, deepening national feeling among many patriotic Saudis who have rallied around their prince in the face of “unbalanced” criticism from abroad, said Ali Shihabi, founder of the Arabia Foundation, a Washington think tank with close ties to Riyadh. He added that “inspiring nationalism is an objective” of Mohammed’s reform agenda.

Critics of the crown prince view him as a fundamentally destabilizing leader. Other experts argue that he’s here to stay. “It’s impossible to not see how much the country has changed” under Mohammed’s watch, said former U.S. diplomat Dennis Ross at a panel hosted by the Arabia Foundation last week, saying that though the crown prince may be “reckless,” the United States has much to gain from a “successful transformation” from Wahhabism to nationalism in Saudi Arabia.

—–See also this video clip by OMCT:

https://twitter.com/i/status/1103696655906492417

https://www.nytimes.com/2019/03/07/world/middleeast/saudi-arabia-human-rights-abuses.html

https://www.washingtonpost.com/world/2019/03/08/wests-rebuke-saudi-arabia-wont-change-its-course/?utm_term=.5e411da39e34

New book on Theo van Boven’s crucial role in the development of the UN human rights system

March 7, 2019

cover
The Advent of Universal Protection of Human Rights – Theo van Boven and the Transformation of the UN Role

In this ‘biography’ Bertie Ramcharan tells the story of Theo van Boven’s dynamic and courageous leadership to develop UN protection. Van Boven has been a life-long scholar and practitioner of human rights. He served in the Dutch Ministry of Foreign Affairs, represented The Netherlands in the UN Commission on Human Rights, served as an expert in its Sub-Commission on Human Rights, and also on the Committee on the Elimination of Racial Discrimination. He was the Director of the UN Human Rights secretariat from 1977 to 1982, and later served as Registrar of the International Criminal Tribunal for the Former Yugoslavia and for Rwanda, and as UN Special Rapporteur against Torture.

As Director of the UN Human Rights secretariat, Professor van Boven built up the protection capacity of the United Nations piece by piece and thereby transformed the UN’s role. He initiated every protection mechanism in use at the United Nations today. He was thus ‘the father‘ of the contemporary system of United Nations protection.

This book is a study of leadership and strategy. If one is to be able to deepen the protection capacity of the UN in the future, it is crucial to understand how the foundations were laid. This book, based on the personal papers of Professor van Boven and of the author, who was his Special Assistant, tells the story of his remarkable leadership of the UN Human Rights secretariat. Published by Springer – ISBN 978-3-030-02221-1

 

In 1982 Meulenhoff published Theo’s speeches on the occasion of his forced departure from the UN. In the preface I tried to explain the how and why.

https://www.springer.com/gb/book/9783030022204#aboutBook

High Commissioner Bachelet presents her annual report: quite a list of problem areas

March 7, 2019

In the 40th session of the UN Human Rights Council, in presenting her annual report and oral update, High Commissioner Michelle Bachelet focused on explaining how inequalities in income, wealth, access to resources, and access to justice constituted fundamental challenges to the principles of equality, dignity and human rights for every human being. Inequalities affected all countries. Even in prosperous States, people felt excluded from the benefits of development and deprived of economic and social rights, leading to alienation, unrest and sometimes violence. To achieve the 2030 Agenda, the world’s States needed to advance on tackling inequalities – inequalities of resources, income, power, access to justice and with respect to the basic conditions for human dignity.

Inequalities were a driver of several of the global trends which were of greatest concern to the Human Rights Council and other inter-governmental bodies, the High Commissioner stressed. Involuntary and precarious migration was a case in point. She underlined that inequalities and the failure to give equal weight and respect to all human rights had the power to erode all three pillars of the United Nations: peace and security, development, and human rights. However, human rights provided hope. They bound humanity together with shared principles and a better future, in sharp contrast to the divisive, destructive forces of repression, exploitation, scapegoating, discrimination and inequalities. She then listed many specific situations:

In Sudan, for the past several months, people protesting harsh economic conditions, and bad governance, have been violently dispersed by security forces, sometimes using live ammunition…

In Zimbabwe, protests against austerity measures have also been met with unacceptable violence by security forces. The Government’s effort to launch a dialogue process in recent days is encouraging, but I am worried by reports of door-to-door raids, as well as intimidation and harassment of activists, human rights defenders, and lawyers representing those arrested.

In Haiti, protests also broke out last month over rising food prices and corruption. At least 41 people were killed and 100 injured. The government has announced measures to curb high prices, raise wages and fight corruption. Ensuring accountability – including for alleged cases of excessive use of force by police – and a constructive dialogue will also be essential.

In France, the “Gilets Jaunes” have been protesting what they see as exclusion from economic rights and participation in public affairs. We encourage the Government to continue dialogue – including follow-up to the national discussions which are currently underway – and urge full investigation of all reported cases of excessive use of force.

She then turned to:

The situation in Venezuela clearly illustrates the way violations of civil and political rights – including failure to uphold fundamental freedoms, and the independence of key institutions – can accentuate a decline of economic and social rights. ..

In the context of Nicaragua‘s very serious social and political crisis, the resumption of national dialogue could constitute a significant step to address the grave problems facing the country. These include increasing restrictions to civic space; persecution of dissenting voices; and crackdowns on press freedom, as well as austerity measures, and unemployment. ..

In the Occupied Palestinian Territory, the devastating impact of the occupation on economic and social rights is closely interlinked with violations of civil and political rights. …

..

I am shocked by the number of killings of human rights defenders around the world – some, reportedly, by State agents, and others, insufficiently protected by the State from attack by economic or other interests. Attacks on journalists, and media freedoms, are becoming increasingly widespread. Sound, independent information is the foundation of public participation in democratic governance. Restrictions on the civic space are being enacted by numerous States, across several regions. I remain very concerned about reprisals against victims, human rights defenders and non-governmental organisations who cooperate with the UN.

Today, allow me to voice my concern at the apparently arbitrary arrest and detention, and alleged ill-treatment or torture, of several women human rights defenders in Saudi Arabia. The persecution of peaceful activists would clearly contradict the spirit of the country’s proclaimed new reforms. We urge that these women be released.

In Turkey, I call on the authorities to view critical or dissenting voices – including human rights defenders, academics and journalists – as valuable contributors to social dialogue, rather than destabilizing forces. The recent prosecution of 16 civil society activists for “attempting to overthrow the government,” for their alleged roles during protests in 2013, is emblematic of many other trials lacking international due process standards.

In China, rapid development has lifted millions of people out of poverty – and yet in some areas, communities and individuals have been left behind. My Office seeks to engage on this issue with the Government for full access to carry out an independent assessment of the continuing reports pointing to wide patterns of enforced disappearances and arbitrary detentions, particularly in the Xinjiang Uyghur Autonomous Region…

In India, where there has also been significant poverty reduction in overall terms, inequality remains a serious issue. In addition, we are receiving reports that indicate increasing harassment and targeting of minorities – in particular Muslims and people from historically disadvantaged and marginalised groups, such as Dalits and Adivasis. It appears that narrow political agendas are driving the further marginalisation of vulnerable people. I fear that these divisive policies will not only harm many individuals, but also undermine the success of India’s economic growth story.

….The continuing movement of people from El Salvador, Guatemala and Honduras to the United States is a result of failure to ensure that development reaches everyone – with persistent violations of rights leading to profound inequalities. The comprehensive development plan being developed by Mexico, Guatemala, Honduras, El Salvador and ECLAC is a welcome response to this challenge, very much in line with the Global Compact for Migration. In Mexico, too, the government is making efforts to move from an approach focused on detention and deportation of migrants to a new focus on protection of the rights of migrants, including opportunities for regularization, and alternatives to detention. In the United States of America, the new Migrant Protection Protocols which restrict access to asylum and other forms of human rights protection – and push migrants back across the border to wait for their proceedings without due process or safeguards– are a source of concern. A recent report by the Inspector General for the United States Department of Health and Human Services indicates that thousands more migrant children have been separated from their families than had been previously reported.

The Office has raised concerns with Australia about the imminent transfer of migrants from Manus Island and Nauru to new detention centres. Those people have been suffering for more than six years; more humane policies could, and should, be implemented….

I commend Germany‘s successful programmes to help migrants integrate into the economy and society, as well as legislation in several countries – including Finland, Portugal and Spain – which enable the entry and stay of migrants in vulnerable situations, based on human rights grounds. I am troubled about other aspects of European migration policies, particularly the number of fatalities in the Mediterranean. Another 226 deaths were recorded in the first two months of this year. With several NGO vessels forced to suspend operations by measures that essentially criminalise solidarity, the ancient responsibility of rescue at sea is increasingly falling on merchant vessels – which are often ill-suited to such a task. In addition, some governments have refused entry to ships.

..

In the Sahel, the Office has been implementing an innovative approach aimed at reducing the risk of harm to civilians during counter-terrorism operations. OHCHR is working with the G5 Sahel Joint Force operating in Burkina Faso, Chad, Mali, Mauritania and Niger to establish a Compliance Framework to guide military operations. A training programme is underway; standard operating procedures are being developed which aim to reduce civilian harm and ensure sensitivity to gender issues; and a network of legal advisors is being established within the Joint Force to ensure the operational application of international human rights and humanitarian law…I encourage Cameroon to also consider the benefits of such an approach….

In Myanmar, economic interests and activities appear to be a key factor driving both violence and displacement by the Myanmar military, together with the dehumanisation of the Rohingya, and long-term discrimination. I am concerned by the failure to take any meaningful measures towards the safe, dignified, voluntary and sustainable return of the Rohingya and others – in compliance with their rights to citizenship and other rights. …..

……

In Yemen, I am deeply concerned by the suffering of civilians, despite the current ceasefire. This remains the world’s worst humanitarian crisis. The conflict has not just killed and injured thousands of civilians.

Amid these negative trends, there are some hopeful areas, in which far-sighted leadership seeks to advance civil, political, economic, social and cultural rights, to ensure a convergence of positive and constructive forces.

In Ethiopia, reforms have sought to address a wide spectrum of human rights issues, including benefit to sustainable development. The depth and pace of Prime Minister Abiy’s political and economic reforms, and the appointment of women to senior positions, could open the path to a more inclusive and effective development model, providing hope for Ethiopia’s young population. My Office will continue to assist the Government to devise sound laws, mend grievances, and set up measures to prevent violence in areas of the country.

………

At this session, the Council’s Special Rapporteur on the situation of human rights defenders presents a report on the rising attacks on, and repression of, women’s human rights defenders in the context of today’s backlash against women’s human rights. It makes clear that women defenders face the same risks as men, but with additional threats shaped by a view that women should be bound to the service of a male-dominated society. Physical and sexual violence, public shaming – including on the Internet – and attacks on their families and children are among the tactics increasingly used to silence women activists.

Recently a group of 30 women leaders issued an Open Letter emphasising the “urgency and peril” of the current roll-backs to hard-won rights and freedoms. I fully share their concerns, and will continue to work against gender inequalities with all the energy and principle that I can muster.

….. Before closing today, I would like to add a few additional situations of increasing concern.

In Libya, escalating violence since the beginning of the year – in particular, hostilities in the city of Derna and in the south of the country – could spark an even more chaotic situation, given the increasingly fragmented political context and continuing lawlessness. Armed groups which fall outside of effective State command and control structures, but which are integrated into State institutions, continue to commit grave violations of international humanitarian and human rights law throughout the country, in almost complete impunity. The number of civilians killed and injured in 2018, as documented by UNSMIL and OHCHR, was 40% higher than in 2017. Prevention measures should be considered a matter of urgency.

I remain concerned about the ongoing tensions in Kashmir, as shelling and firing on both sides of the Line of Control continue to contribute to loss of life and displacement. I encourage both India and Pakistan to invite my Office to monitor the situation on the ground, and to assist both States to address the human rights issues that must be part of any solution to the conflict.

In the Philippines, …..  I encourage the Philippines to adopt a public health approach, and harm reduction initiatives, that comply with human rights standards, as recommended to the 2016 General Assembly Special Session.  ……. The drug policies in place in the Philippines, and its lack of respect for rule of law and international standards, should not be considered a model by any country.

United Nations High Commissioner for Human Rights Michelle Bachelet takes her place to present her annual report before the UN Human right council members in Geneva. March 6, 2019.
United Nations High Commissioner for Human Rights Michelle Bachelet takes her place to present her annual report before the UN Human right council members in Geneva. March 6, 2019. (AFP)

Many media have picked on one more aspects of her speech. E.g. TRT World focused on:

Bachelet renewed her request to access China‘s Xinjiang region, where large numbers of the Uighur ethnic minority are reportedly being held in re-education camps. She also re-issued her requests for “full access to carry out an independent assessment of the continuing reports pointing to wide patterns of enforced disappearances and arbitrary detentions, particularly in the Xinjiang Uyghur Autonomous Region.” (A UN panel of independent experts has said there are credible reports that nearly one million Uighurs and other Turkic language-speaking minorities are being held in Xinjiang, known as ‘East Turkistan’ by Uighurs who want a homeland separate from China. Beijing at first denied the allegation, but later admitted putting people into “vocational education centres”) [see also: https://humanrightsdefenders.blog/2019/01/29/three-ngos-urge-you-to-nominate-ilham-tohti-for-the-rafto-prize/]

Bachelet also called on Saudi Arabia to release women activists allegedly tortured in detention after authorities accused them of harming the country’s interests. Human rights defenders have named 10 Saudi women held for their campaigning, voicing fears that they could face harsh sentences. Saudi Arabia’s public prosecutor is preparing the trials of detainees, identified by watchdog groups as women’s rights activists, after completing its investigations, state news agency SPA said last Friday. “Today, allow me to voice my concern at the apparently arbitrary arrest and detention, and alleged ill-treatment or torture, of several women human rights defenders in Saudi Arabia,” Bachelet said.

(European countries will urge Saudi Arabia on Thursday to release activists and cooperate with a UN-led probe into the murder of journalist Jamal Khashoggi, in the first rebuke of the kingdom at the Human Rights Council, diplomats and campaigners told Reuters.) [see also: https://humanrightsdefenders.blog/tag/jamal-khashoggi/]

The United Nations High Commissioner for Human Rights also urged the Philippine government to comply with international human rights standard in its brutal drug war, which she said lacks respect for the rule of law. Bachelet encouraged the Duterte administration to “adopt a public health approach, and harm reduction initiatives, that comply with human rights standards.” “The drug policies in place in the Philippines, and its lack of respect for the rule of law and international standards should not be considered a model by any country,” she said.


https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24265&LangID=E

https://www.trtworld.com/europe/un-human-rights-chief-paints-bleak-picture-in-annual-report-24708

https://newsinfo.inquirer.net/1092840/un-human-rights-chief-urges-govt-to-respect-rule-of-law-in-drug-war?utm_expid=.XqNwTug2W6nwDVUSgFJXed.1

UN Human Rights Office in Burundi formally closed

March 5, 2019

As foreseen in December 2018 [https://humanrightsdefenders.blog/2018/12/07/final-step-burundi-closes-down-un-office/] the UN office in Burundi was closed formally on Thursday 28 February at the insistence of the Government.

It is with deep regret that we have had to close our office in Burundi after a 23-year presence in the country,” High Commissioner Bachelet said. “Since the UN Human Rights Office in Burundi was established in 1995, for many years we worked with the Government on peacebuilding, security sector reform, justice sector reform and helped build institutional and civil society capacity on a whole host of human rights issues.”..“Unfortunately, many of these human rights gains have been seriously jeopardized since 2015”…

Our reports on the human rights situation in Burundi have always been developed in a constructive spirit, intended to support the promotion and protection of human rights in the country. But I am disappointed by Burundi’s lack of cooperation in recent years with UN human rights mechanisms – which even went so far as to include threats to prosecute members of the independent international Commission of Inquiry established by the UN Human Rights Council,” High Commissioner Bachelet said.

Bachelet paid tribute to the many human rights defenders and civil society actors in Burundi who have worked with inspiring dedication, perseverance, courage and expertise through many political and social crises in the country, while noting with concern that in recent years, many of them have been detained or forced into exile.

https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24254&LangID=E

MEA laureate Abdul Aziz addresses UN Human Rights Council on off-shore refugee policy

March 2, 2019

Abdul Aziz Muhamat.
Abdul Aziz Muhamat. Source: UN

SBS news reports that award-winning Manus Island detainee Abdul Aziz Muhamat has spoken before the United Nations Human Rights Council over Australia’s ‘cruel’ asylum seeker policy. Speaking on behalf of the Human Rights Law Centre, the 25-year-old said: “After 6 years, we deserve our lives back and a future. We urge your mandates to take this up with the Australian government, which deserves to be held accountable by this Council.” [see also: https://humanrightsdefenders.blog/2019/02/18/aziz-thank-you-for-the-attention-but-now-i-have-go-back-to-detention/]

https://www.facebook.com/plugins/video.php?href=https%3A%2F%2Fwww.facebook.com%2FHumanRightsLawCentreHRLC%2Fvideos%2F2138107972933595%2F&show_text=0&width=560

We have no rights. We are not safe. We cannot go to Australia, or elsewhere, because the Australian Government will not allow it. We cannot go home, as it is unsafe. We are all sick and we have lost hope. We are in limbo.” He said the impact of six years of Australia’s offshore detention policy had exacted a physical and mental toll.

As the Australian Government sits on the UN Human Rights Council, professing its commitment to human rights, it is indefinitely imprisoning nearly 1000 men and women in offshore refugee camps on Nauru and Manus,” said HRLC Legal Director Edwina MacDonald.

International Women’s Human Rights Week: two events in Geneva along UN Human Rights Council

February 28, 2019

During International Women’s Week there are two events focusing on Women Human Rights Defenders:


March 1, 2019
 11:30-13:00 Room XXV Palais des Nations, Geneva

Women human rights defenders are on the front lines of struggles to attain peace, security, dignity and sustainable development for all. They work diligently to advance justice, freedom and equality to meet the ultimate goals of the Universal Declaration of Human Rights. Yet, State and non-State actors, in the majority of cases involving violations against these defenders, have experienced widespread impunity including at the international level. Women human rights defenders met in New York at a high-level event at the UN Headquarters in July 2018 to send a strong message: “we’ve had enough!”

Join us in Geneva parallel to the 40th session of the UN Human Rights Council where women human rights defenders will present how the shortcomings and gaps of the UN system with regards to women human rights defenders protection can be filled.

Panellists: 

  • Michel Forst, UN Special Rapporteur on the situation of human rights defenders
  • Rogeria Ferreira Peixinho, WHRD from Brazil
  • Brenda Valladares, WHRD from USA
  • Lucy Mazingi, WHRD from Zimbabwe
  • Cindy Aung, WHRD from Myanmar
  • Alda Facio, member of the UN Working Group on discrimination against women in law and practice

Moderator :

Veronica Vidal, Association for Women’s Rights in Development (AWID)

Cosponsors: ISHR, Amnesty International, Asian Forum for Human Rights and Development (FORUM-ASIA) Association for Women’s Rights in Development (AWID), Gulf Centre for Human Rights, Mesoamerican Initiative for Women Human Rights Defenders (IM-Defensoras), Urgent Action Fund for Women’s Human Rights and Just Associates (JASS). All are members of the Women Human Rights Defenders International Coalition. (https://mailchi.mp/ishr/749qlxejj6-32017?e=d1945ebb90)

For some of my older posts on WHRDs: https://humanrightsdefenders.blog/tag/women-human-rights-defenders/page/5/


The Geneva Gender Debate: 6 March 18h30 – 20h00 Auditorium Ivan Pictet, Maison de la Paix, Geneva

In the tradition of the Oxford Union debates, the Graduate Institute and the International Gender Champions are hosting their 3rd Annual Geneva Gender Debate during International Women’s Week.

This year’s topic: Gender & Language

The motion: This house believes gender neutral language is not a necessity for gender equality.

Introductory remarks: Philippe Burrin, Director, the Graduate Institute, Geneva

The debaters for the House:

  • Arancha Gonzalez, Executive Director, International Trade Centre
  • Michael Gaffey, Ambassador, Permanent Mission of Ireland to the UN and other International Organizations in Geneva

The debaters against the House Motion:

  • Inger Andersen, Director General, International Union for Conservation of Nature
  • Elhadj As Sy, Secretary-General, International Federation of Red Cross and Red Crescent Societies

Moderator: Caitlin Kraft-Buchman, Executive Director and Founder, Women@theTable

This debate is organised in partnership with the International Gender Champions and the Gender Centre of the Graduate Institute. To register: http://graduateinstitute.ch/events/_/events/corporate/2019/the-geneva-gender-debate-2019

 

UN Panel debated death penalty with focus on human rights

February 26, 2019

Today, 26 February 2019, the UN Human Rights Council held its biennial high-level panel discussion on the question of the death penalty, with a focus on human rights violations in the context of the death penalty, in particular with respect to the rights to non-discrimination and equality.  A report was distributed by the APO Group on behalf of Office of the UN High Commissioner for Human Rights (OHCHR). Here some highlights:

..In her opening statement, Michelle Bachelet, United Nations High Commissioner for Human Rights, reminded that death rows were disproportionately populated by the poor and economically vulnerable; members of ethnic minorities; people with psychosocial or intellectual disabilities; foreign nationals; indigenous persons; and other marginalized members of society.  Condemning people to death for conduct that should not be criminalized in the first place was never compatible with a State’s human rights obligations.  The High Commissioner encouraged all States to take a stand on the right side of history and join the international trend towards abolition.  

The panellists were Pradeep Kumar Gyawali, Minister of Foreign Affairs of Nepal; Melinda Janki, Director of the Justice Institute Guyana; and Fatimata M’Baye, Lawyer and Co-Founder of the Mauritanian Human Rights Association.  Yuval Shany, Chair of the Human Rights Committee, acted as the discussion moderator.

Mr. Shany drew attention to the adoption by the Human Rights Committee of the General Comment No. 36 on the right to life, according to which the death penalty could not be “reconciled with full respect for the right to life.”  The General Comment made particular reference to the problem of inequality in the application of the death penalty.  

….

FATIMATA M’BAYE, Lawyer and Co-Founder of the Mauritanian Human Rights Association, said that there had been a moratorium on the death penalty in Mauritania since 1987, though there were still death penalty rulings handed down.  She drew attention to the case of Mohamed Ould Mkheitir, a blogger who had posted an article about social discrimination in Mauritania, which meant he was accused of blasphemy.  When he was arrested, he was asked to repent and quickly withdraw the article, but unfortunately, he was still prosecuted quickly by the police.  This case had given rise to a great deal of violence and hatred within the local community.  Mohamed was sentenced to death in 2015 by the penal court of the country, which was confirmed in 2016.  There was an appeal launched, and a two-year sentence was later handed down.  Ms. M’Baye said that the blogger was currently being held in a secret location.  The source of law in Mauritania was Islamic law, and women were often sentenced to the death penalty, many times accused of infanticide.  The death penalty was an egregious practice that was humiliating and degrading.  The United Nations could play a role in ending the death penalty by asking those States that still practiced it to abandon this punishment in the name of the right to life. [see also: https://humanrightsdefenders.blog/2016/04/08/us-state-department-international-women-of-courage-awards-2016-yulan/]

In the ensuing discussion, speakers expressed belief that the abolition of the death penalty and torture had elevated human dignity and advanced human rights.  The death penalty was a human right violation.  They hailed the adoption in the United Nations General Assembly of a resolution on a moratorium on the death penalty in December 2018, but noted that around the world capital punishment continued to be imposed in violation of major international standards.  Speakers expressed deep concern that the death penalty was imposed in a disproportionate and discriminatory manner to juvenile offenders, women victims of domestic violence, minorities, foreign nationals, persons with disabilities, and poor and economically vulnerable populations.  Some, however, noted that every State had the right to choose its legal and criminal justice systems, without external interference, and that the rights of defendants always had to be weighed against the rights of victims and their families, and the broader rights of the community and society.    

Speaking were Iceland on behalf of a group of countries, Montenegro, Luxembourg, Italy, Mexico, Singapore on behalf of a group of countries, Chile on behalf of a group of countries, Brazil on behalf of a group of countries, European Union, New Zealand, Pakistan, Australia, Malaysia, Fiji, Slovenia, Ecuador, France, Iraq, Iran, Bangladesh, Argentina, India, Saudi Arabia, and Greece. 

Also taking the floor were the following civil society organizations: Friends World Committee for Consultation, Centre for Global Nonkilling, International Lesbian and Gay Association, Together against the death penalty, and International Federation of ACAT (Action by Christians for the Abolition of Torture), and the National Human Rights Institution: Commission on Human Rights of the Philippines. ….. 

Iran respected those who had abolished the death penalty, but it could not accept any universal prescription to that effect.  Iran remained committed to observing the rule of law and due process in the criminal justice system, while continuing to study the best ways to serve justice.  Bangladesh stressed that its application of the death penalty was restricted to very selective cases of the most heinous crimes.  No child or pregnant woman could be sentenced to death.  Argentina believed that the abolition of the death penalty and torture had elevated human dignity and advanced human rights.  The death penalty was a human rights violation.

India reiterated its stance that it was a simplistic approach to characterize the death penalty as a human rights issue in the context of the right to life of the convicted prisoner.  This approach was deeply flawed and controversial.  There should be no external interference in the criminal justice system of any sovereign State. ….  Saudi Arabia stated that it used the death penalty for only for most serious crimes and in the most serious circumstances, after a fair trial had been guaranteed.  All procedures were in accordance with international standards as Islamic Sharia lay down the provisions of the punishments to guarantee the supreme rights of the people.  All States had the sovereign right to bring justice through their own procedures.  Greece opposed the death penalty in all cases and circumstances and highlighted the death penalty’s negation of the reformative function that any punishment should bare.  It was particularly concerned that the death penalty disproportionately affected women, lesbian, gay, bisexual, transgender and intersex persons, and human rights defenders and therefore urged States to do their utmost to ensure a fair trial. ..

YUVAL SHANY, Chair of the Human Rights Committee, noted that many delegates had commended the trend towards the abolition of the death penalty.  However, a concern around what some had termed as a backlash against abolition in this field was also noted.  A number of representatives had also noted the irreversibility of the death penalty.  It was also noted that there was an increasing consensus that the death penalty if applied should only be applied for the most serious crimes.  There was also a strong concern from all corners of the room about the problem of discrimination in regard to poverty, sexual orientation, women, psychosocial disability and other issues.  The panel was asked: how could all address biases, racial biases, gender biases and other biases in the application of the death penalty, and identify good practices so the death penalty was applied in a non-discriminatory fashion? 

…..

Son of Maltese journalist Daphne Caruana Galizia tells UN impunity continues

February 26, 2019

Andrew Caruana Galizia

As the UN Human Rights Council (HRC) began its 40th session in Geneva, the son of journalist Daphne Caruana Galizia, Andrew Caruana Galiziasaid her targeted assassination was a culmination in failures of government protection, followed by libel suits against her estate, as reported by  on 25 February 2019. See also: https://humanrightsdefenders.blog/2019/02/20/human-rights-defenders-issues-in-the-40th-session-of-the-un-human-rights-council/

Caruana Galizia spoke of the difficulty in maintaining international media and political attention around cases, and how weakening multilateralism made that even harder. It has fallen on her family and her children to sustain that, he said. He spoke at HRC urging them to ensure Malta accepts specific recommendations made at the UN Universal Periodic Review (UPR) five months ago for an independent public inquiry into his mother’s death. [see also: https://humanrightsdefenders.blog/2017/12/11/maltas-aditus-foundation-urges-government-to-improve-relationship-with-human-rights-defenders/]

The NGO Article 19, which organised the panel, stressed that impunity for attacks against journalists must end. It listed worrying trends of human rights violations, all of which pose a major threat to freedom of expression globally:

  • Continued impunity for attacks against journalists;
  • Failures by States to combat religious intolerance, while also failing to secure the rights to freedom of religion or belief and freedom of expression;
  • The abuse of counter-terrorism laws to target civil society and dissenting voices;
  • Attacks against women human rights defenders and environmental and land defenders.

https://theshiftnews.com/2019/02/25/impunity-persists-son-of-murdered-journalist-tells-un-human-rights-council/