For those (few, I hope) who do not regularly read the Human Rights Monitor of the ISHR, here is a wrap-up of the 28th session of the Human Rights Council in relation to human rights defenders:
5 Resolutions adopted: Read the rest of this entry »
Posts Tagged ‘UN Human Rights Council’
What the Human Rights Council did on HRDs in March 2015
April 7, 2015China OR the UN must ensure independent investigation into death of Cao Shunli !
March 27, 2015When late Chinese human rights defender Cao Shunli – as Final Nominee of he Martin Ennals Award 2014 – got a standing ovation during the ceremony in October last year, we all said, with the 10 NGOs on the Jury, that we should not forget her. On 19 March 2015 in a statement to the UN Human Rights Council that is exactly what a group of NGOs [International Service for Human Rights and supported by Human Rights Watch, CIHRS, CIVICUS, Conectas, EHARDP, Article 19, HRHF and ALRC] asked for: Ensure independent investigation into death of Cao Shunli.
China must ensure a full, independent and impartial investigation into the death of Chinese human rights defender Cao Shunli, ..If Chinese authorities are unable or unwilling to conduct such an investigation in accordance with international standards, the Human Rights Council as the world’s top human rights body must take appropriate action, the statement said.
‘One year after her tragic death, there has been no adequate investigation or accountability in relation to the death of Chinese defender Cao Shunli,’ said Michael Ineichen, Head of Human Rights Council Advocacy at ISHR. ‘If China is let of the hook for such a blatant case of reprisals against someone wanting to cooperate with UN human rights mechanisms, the Council sends a message to rights abusers that activists can be attacked with impunity.’
The statement highlighted the negative effect of impunity for cases of intimidation and reprisals, as shown by the numerous reported cases of intimidation and reprisals occurring during the 28th session of the Human Rights Council, including against South Sudanese and Bahraini defenders.
The legal and moral obligations of States to protect those who cooperate with the UN are clear, and if a State fails to conduct stop reprisals or to properly investigate allegations, the UN has a responsibility to act, the statement said.
‘We welcome recent advances on the institutional level, such as the treaty body policies that recognise States’ primary duty to ensure accountability in the case of reprisals, and the UN’s own duty of care,’ said Eleanor Openshaw, Head of Reprisals Advocacy at ISHR. ‘However, in the absence of a more systematic approach, such as through a dedicated focal point on reprisals which could coordinate investigation of and follow-up to individual cases, these steps will remain the proverbial drop in the ocean’ The statement is available as a PDF and video.
for more on reprisals in this blog see: https://thoolen.wordpress.com/tag/reprisals/
Broad coalition of NGOs at UN condemns Egypt’s treatment of women human rights defenders
March 23, 2015During the adoption of the Universal Periodic Review (UPR) report on Egypt in the UN Human Rights Council on 20 March 2015 the Women Human Rights Defenders International Coalition (for the composition see below), made a forceful statement about the terrible situation of women human rights defenders in that country.
“The systematic judicial harassment faced by many women human rights defenders is highlighted through the emblematic case of the seven women defenders2 arrested on 21 June 2014 for protesting peacefully against the Protest and Public Assembly Law (No. 107), who faced arduous hassles including prolonged pre-trial detention. Their sentence was finally reduced to two years of imprisonment and two years of surveillance by the appeals court in December 2014. [The seven are: Ms. Sanaa Seif, Ms. Yara Sallam, Ms. Hanan Mustafa Mohamed, Ms. Salwa Mihriz, Ms. Samar Ibrahim, Ms. Nahid Bebo and Rania El-Sheikh]
Furthermore, we strongly condemn the killing of Shaimaa ElSabbagh during a peaceful protest on 24 January 2015. She was taking part in a gathering to commemorate the fourth anniversary of the 25 January revolution. We call on the Egyptian government to ensure a prompt, independent and effective investigation to identify the perpetrator and hold them to account. In this connection, we are deeply concerned that Azza Soliman from the Centre for Egyptian Women’s Legal Assistance (CEWLA), who was witness to the incident and testified before the Prosecutor’s Office, is now targeted as a suspect and charges have been brought against her under the public assembly law.
Finally, we express our continued dismay over sexual violence against women in online and offline public spaces. Though a national strategy to combat violence against women has been announced, we emphasise the need for it to be comprehensive and holistic with involvement of all relevant ministries and stakeholders, as well as adequate budget allocation. During the UPR, the government highlighted a new amendment to the Penal Code article 306, which addresses sexual harassment. This amendment is far insufficient in its scope as it only considers sexual harassment a crime if the intent of the perpetrator is proven to be related to obtaining sexual benefits…”
The Coalition members: Amnesty International, Asia Pacific Forum on Women, Law and Development (APWLD), Asian Forum for Human Rights and Development (FORUM-ASIA), Association for Progressive Communications (APC), Association for Women’s Rights in Development (AWID), BAOBAB for Women’s Human Rights, Centre for Reproductive Rights, Centre for Women’s Global Leadership, Coalition of African Lesbians, Front Line Defenders, Human Rights First, Information Monitor (INFORM), International Federation for Human Rights, International Service for Human Rights (ISHR), International Women’s Rights Action Watch Asia-Pacific (IWRAW-AP), Isis International, ISIS Women’s International Cross- Cultural Exchange, Just Associates (JASS), The Latin American and Caribbean Committee for the Defense of Women’s Rights (CLADEM), MADRE, Nazra for Feminist Studies, Peace Brigades International, Rainbow Rights Project Inc, Urgent Action Fund for Women’s Human Rights, Women Living Under Muslim Laws (WLUML), Women’s Global Network for Reproductive Rights, WOmen’s Initiatives for Gender Justice, Women’s Rehabilitation Centre (WOREC), World Organisation against Torture (OMCT).
Report on a panel: Counter-terrorism laws must not criminalise human rights defenders
March 17, 2015I was in Geneva last week where a number of interesting meetings took place. One of the side events I attended (a picture went out on Twitter), concerned the crucial issue of “ Human rights defenders and national security”, on 9 March organized by a group of NGOs (International Service for Human Rights, Article 19, the International Federation for Human Rights (FIDH), Human Rights House Foundation, the International Commission of Jurists and the World Organisation Against Torture).
The panel was moderated by ISHR Director Phil Lynch, and had a very knowledgeable speakers such as Michel Forst, Special Rapporteur on Human Rights Defenders; Hina Jilani, Pakistani human rights lawyer and former Special Representative on Human Rights Defenders; Jimena Reyes, Director of the Americas Desk at FIDH; Roselyn Hanzi from Zimbabwe Lawyers for Human Rights; Gerald Staberock, Director of the World Organisation against Torture (OMCT); and Tanele Maseko, human rights defender from Swaziland.
A short report below:
Restrictions on human rights defenders
Phil Lynch opened the discussion by referring to unequivocal examples of restrictions imposed on human rights defenders by the operation of counter-terrorism laws, with examples cited including the recent amendments to the Australian Security Intelligence Organisation Act in Australia which criminalises the disclosure of information about ‘special intelligence operations’, even where such disclosures expose or relate to serious human rights abuses; draft legislation in China which vaguely defines ‘terrorism’ to include ‘thought, speech or behavior’ that is ‘subversive’ or seeks to ‘influence national policy making’, and Law 8/2015, passed recently in Egypt, which allows individuals and associations which ‘infringe public order’ or ‘harm national unity or national security’ to be designated as terrorists. Concern was also expressed that renewed US efforts to combat extremism do not contain adequate human rights safeguards and that the imperative to counter-terrorism is being used as a subterfuge by regimes in allied States – such as Bahrain, China, Egypt and Saudi Arabia – to further restrict and repress civil society.
Panelists built on these examples throughout the discussion, referring to significant limitations on, and prosecution of, human rights defenders under the guise of national security in their regions, including the prosecution of indigenous activists campaigning against major development projects in Chile under the Anti-Terrorist Act; human rights defenders being spied on by intelligence authorities in Cuba which consequently contributed to their murder; human rights defenders in Zimbabwe being charged for allegedly participating in a disruptive demonstration, or under the Official Secrets Act which forbids the release of information, even if that information regards human rights violations; and human rights defenders being imprisoned and labelled terrorists for voicing disagreement with the government in Swaziland. Members of the audience provided further examples, including defenders in South Korea being charged under a law that prohibits support for North Korea.
Legislation protecting the rights of defenders
‘A schizophrenia currently exists in many countries where authorities laud their own human rights mechanisms in the international sphere and then actively criminalise the activities of human rights defenders at home,’ said Hina Jilani. It is essential that along with a national law for the protection of human rights defenders, counter terrorism laws do not impose restrictions on those protections.
‘Counter terrorism laws should be developed in a manner that fights terrorism, while at the same time, respecting the legitimate work of human rights defenders,’ said Gerald Staberock of OMCT.
The panelists also stressed the importance of ensuring the rights of human rights defenders are not constrained under other laws, such as laws prohibiting criticism of the head of state, emir or the army.
Independence of the judiciary and the military
The discussion also highlighted the necessity to ensure the independence of the judiciary. In this regard, Jimene Reyes of FIDH referred to the use of the judicial system in Cuba as an ‘instrument of uncritical oppression’. Members of the audience identified the importance that the judiciary, as well as the executive, must be able to recognise and respect the legitimate activities of human rights defenders.
Similarly the importance of the separation between the State and the military was emphasised. Ms Reyes stressed the risk for human rights defenders if they are ‘considered by the military to be the enemy’.
Importance of civil society participation
While there is a clear trend of governments using counter-terrorism legislation to conflate the legitimate activities of human rights defenders with actions that threaten national security, the panelists were in clear consensus that human rights defenders and a strong and healthy civil society is essential to the stability of the State and good governance.
‘The work of human rights defenders and other civil society actors is crucial to address inequality and to promote good governance, accountability and inclusive development, all of which contribute to national security,’ said Phil Lynch of ISHR. ‘However, to ensure this is possible, it is essential to raise national and international awareness of the pitfalls of counter-terrorism legislation and the importance of civil society participation’.
The event concluded with a reflection of the need to counter the ‘rhetoric of fear’ and firmly establish that ‘the rights to peaceful assembly and of association do not encourage extremism, chaos, or violence but are, in fact, the best antidotes we have against all of these ills’.
Myself and others brought up the need to fight back in the public domain and the media against campaign to delegitimize the work of human rights defenders and show more the positive contribution their legitimate work brings to society.
[The high-level segment of the Council session has called on all States to fully implement Human Rights Council Resolution 22/6, which was led by Norway and adopted by consensus in March 2013. It urges States to ensure that ‘measures to combat terrorism and preserve national security … do not hinder the work and safety’ of human rights defenders.]
National security: Counter-terrorism laws must not criminalise human rights defenders | ISHR.
Side event on the Ukraine on 17 March
March 14, 2015
The Human Rights House Foundation, in cooperation with the Ukrainian Parliament Commissioner for Human Rights (Ukraine), the Center for Civil Liberties, the Human Rights House Kyiv, the “Almenda” Civic Education Center and the Head of Mejilis of the Crimean Tatar People (Ukraine), organizes the side event: “The Human Rights Situation in Ukraine“. On Tuesday 17 March 2015, from 14 to16h, at Palais des Nations, room XII.Panelists:
Valeriya Lutkovska, Ukrainian Parliament Commissioner for Human Rights (Ukraine),
Refat Chubarov, Head of Mejilis of the Crimean Tatar People (Ukraine),
Olga Skrypnyk, “Almenda”, Civic Education Center (Ukraine),
Oleksandra Matviichuk, Center for Civil Liberties, Human Rights House Kyiv (Ukraine).
Florian Irminger, Human Rights House Foundation, moderator.
UN Special Rapporteur on HRDs, Michel Forst, first presentation to Council
March 11, 2015
In his report, the Special Rapporteur on the situation of human rights defenders, Michel Forst, [presented to the 28th Session of the UN Human Rights Council on 9 March 2015 and published earlier as A/HRC/28/63] underscores that violations of freedom of expression are a central feature of attacks against human rights defenders.
As well as outlining his recent activities, the report sets out a clear and comprehensive “road map” for the issues the mandate will address during his tenure based on extensive consultations. In this regard, Michel Forst emphasises that he will interpret his mandate as broadly as possible, and identifies nine key themes he will address through his work. On this basis, he calls on all States to, inter alia:
- Combat impunity for threats and violations aimed at human rights defenders;
- Repeal laws criminalising the work of human rights defenders;
- Pay particular attention to defenders “most exposed” to risk;
- Cooperate with the mandate, including by responding satisfactorily to communications, and extending open invitations for country visits.
- The Special Rapporteur expresses serious concerns regarding reprisals against defenders engaging with international human rights mechanisms. [E.g. of 34 defenders recently convicted or imprisoned in Azerbaijan as part of a broad campaign to suppress dissenting voices, NGOs such as Article 19 have noted that several have been targeted for their engagement with the Council of Europe and European Court of Human Rights. Ten NGOs have jointly called upon the Human Rights Council to address Azerbaijan under Item 4 of the Council’s agenda.]
via UNHRC: UN Special Rapporteur on Human Rights Defenders urges… · Article 19.
Another memorable speech by the High Commissioner for Human Rights
March 5, 2015
High Commissioner for Human Rights Zeid Ra’ad Al Hussein. UN Photo/Jean-Marc Ferré
On 5 March 2015 the United Nations High Commissioner for Human Rights urged Member States to uphold the human rights principles underlying their communities in their fight against radicalism.
Speaking to the UN Human Rights Council earlier he warned of the “real danger” that opinion-leaders and decision-makers would “lose their grasp” of the values that States built 70 years ago “to ward off the horror of war.”
“The fight against terror is a struggle to uphold the values of democracy and human rights – not undermine them,” Mr. Zeid declared. “Counter-terrorist operations that are non-specific, disproportionate, brutal and inadequately supervised violate the very norms that we seek to defend. They also risk handing the terrorists a propaganda tool – thus making our societies neither free nor safe.”
At the same time, the UN human rights chief said he was “appalled” by the “rising tide of attacks” around the world targeting people on account of their beliefs. Such “horrific acts of racial and religious hatred,” he said, spanned countries in Western Europe and North America, where “unfair policing, daily insults, and exclusion” affected large swathes of the population. Meanwhile, he added, “the tentacles of the extremist takfiri movement” – an ideology where one believer apostasies another and then condemns them as impure – had reached into a wide range of countries, from Iraq and Syria to Nigeria, Yemen, Libya and Somalia.
Against that backdrop, Mr. Zeid voiced deep concern at the tendency of States to clamp down on the most basic of human rights, including the adoption of measures that restrict freedom of expression and democratic space.
“When powerful leaders feel threatened by a tweet, a blog, or a high-school student’s speech, this speaks of profound underlying weakness,” he continued. “And when writers are abducted, jailed, whipped, or put to death; when journalists are assaulted, subjected to sexual violence, tortured and killed; when peaceful protestors are gunned down by thugs; when human rights lawyers, human rights defenders and land activists are arrested and jailed on spurious charges of sedition; when newspapers are attacked or shut down – such cases attack and undermine the foundations of stable governance.”
“It is the people who sustain government, create prosperity, heal and educate others and pay for governmental and other services with their labour,” Mr. Zeid concluded. “It is their struggles that have created and sustain States. Governments exist to serve the people – not the other way round.”
EU says no impunity for perpetrators of recent violence in Bangladesh
March 2, 2015On 27 February bdnews24.com in Bangladesh reported that the EU delegation said – at the end of three sub-groups meetings with the government – that victims of violence must get justice. The meetings discussed issues of governance, human rights and migration, trade and development cooperation under the framework of the 2001 Cooperation Agreement.
“Victims of violence deserve proper justice,” the EU said, pointing out that human rights’ is the “corner stone” of the EU-Bangladesh relations.
The EU delegation said the discussions between the Dhaka and Brussels were “open and constructive”. They exchanged views on a wide range of issues.
In particular, the need to protect the fundamental democratic rights of the people of Bangladesh was discussed, in view of the recent incidents of violence…The EU delegation also addressed the need to strengthen cooperation on democracy, governance and human rights, in particular, the implementation of the international human rights standards relating to the judiciary and freedom of expression.
Recent developments on rule of law, good governance, transparency, accountability for extrajudicial killings, freedom of the media, freedom of assembly and civil society were some of the issues of “mutual interest and concern” they discussed.
The focus of one sub-group meeting was labour rights, the rights of ethnic and religious minorities, the Chittagong Hill Tracts Peace Accord, the situation of the Rohingyas, women and children’s rights, the death penalty and migration issues. The EU reiterated the importance of protecting human rights defenders. Bangladesh’s membership of the UN Human Rights Council should be an opportunity to work more closely with the EU on promoting and protecting human rights.
“The EU and Bangladesh agreed to continue their dialogue on these issues.”
Subedi’s last fact-finding mission to Cambodia
January 15, 2015UN Rapporteur Surya P. Subedi will carry out an official visit to Cambodia from 17 to 25 January 2014. This is Mr. Subedi’s last mission in his capacity as the Special Rapporteur on the situation of human rights in Cambodia as appointed by the UN Human Rights Council. He is expected to meet with the Prime Minister and other senior members of the Government as well as human rights defenders, representatives from civil society organisations and communities as well as the UN Country Team and the donor community.
Since his appointment as Special Rapporteur in March 2009, Mr. Subedi has made eleven visits to Cambodia and has presented seven reports to the UN Human Rights Council. He is completing his full term of six years in this position in March 2015 when a new mandate holder will be appointed.
Final fact-finding mission to Cambodia | Scoop News.
For earlier posts on Cambodia: https://thoolen.wordpress.com/tag/cambodia/
The Special Rapporteur’s latest report to the Human Rights Council (A/HRC/24/36): http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session24/Pages/ListReports.aspx
Training Programme on how to work in the UN Human Rights Council: 2 – 6 February
January 14, 2015The Graduate Institute and the Geneva Academy of International Humanitarian Law and Human Rights organise jointly a training course specially designed for diplomates and NGO representatives in the UN Human Rights Council. The classes are on 2 – 6 February 2015 in the evenings from 15h30 to 19h15 in the Villa Barton, Geneva (final timings to be confirmed). The fee is CHF 950. – (excludes housing).
Excerpts from the brochure:
Multilateral diplomacy in the advancement of Human Rights (primarily through the Human Rights Council) is one of the main activities of International Geneva. Established in March 2006, the Council is now a well-established mechanism of the United Nations and is approaching its 10th year–yet the individuals who engage at the Council sessions often change, and they often juggle a larger portfolio of responsibilities.
Everyone benefits when the Council functions better, and the council functions better when individuals arrive fully prepared to contribute at their best.
This reflects the non-partisan spirit in which this training has been designed. Preparing for high-level professional engagements requires a deep understanding the rules of the council–as well as the personal acumen to advocate and negotiate with good judgment and strong communications skills–all of which comes from familiarity, practice and individual preparation for the Council sessions.
In order for delegates and representatives to better tackle the substantive and practical challenges ahead, we are offering this training program for individuals who aspire to perform more effectively in a multilateral context. The programme is designed to enhance personal skills in multilateral diplomacy, with a particular focus on the human rights context.
Learning Themes
While taking examples on the work of the HRC and its special procedures, the training will highlight some of the prevailing substantive issues as well as the behaviors of the Council, in order to teach participants to better navigate in their aspirant work. The training will be organised around the following themes:
Functioning of the Human Rights Council:
The phenomenon of working within and across “groupings”:
Leadership in the Human Rights Council:
Learning outcomes & skills-building
- Functioning and rules of the Human Rights Council
- Chairing formal and informal multilateral meetings
- Drafting skills (in the Human Rights context)
- Negotiation and mediation skills & techniques
- Oral communications skills for public speaking “on the record” in the human rights context
- Advocacy and lobbying techniques
Methodology
The training will combine some theory, background and insights (about negotiations, the HRC and its functional history) with applied skills and techniques–including best practices and opportunities to enhance personal effectiveness. Sessions will be designed to address cross-cutting issues and will build participant skills through simulation exercises, small group breakouts, and role-playing.
Instructors will include those from the Graduate Institute and Geneva Academy, as well as actors working with (or in the domain) of the Human Rights Council.
Hans Thoolen on Human Rights Defenders and their awards 