Posts Tagged ‘UN Human Rights Council’
January 12, 2015
On 26 December 2014, the Geneva-based International Service for Human Rights (ISHR) reported that the following posts were the most visited on its website in 2014:
Top 5 human rights posts for 2014 | ISHR.
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Tags: 2014, African Commission on Human and Peoples' Rights, Human Rights Defenders, International Service for Human Rights, ISHR, LGBTI, reprisals, UN, UN Human Rights Council, UN Rapporteur on Human Rights Defenders, webiste
December 1, 2014
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Tags: Business and human rights, corporate accountability, environmental issues, forum, General Assembly, Human Rights Defenders, ISHR, meeting, Michel Forst, resource extraction, Special Rapporteur on Human Rights Defenders, UN Human Rights Council, United Nations Guiding Principles on Business and Human Rights
November 27, 2014
Several newspapers have reported on this matter but perhaps not many in the US (see at the end). In an excellent blog post on 26 November 2014 Peter Micek and Javier Pallero give the background to this UN Declaration, for the second straight year, which states that government communications surveillance poses a threat to the right to privacy. I quote liberally from it:
Passed unanimously on Tuesday by the Third Committee, the resolution on “The right to privacy in the digital age” this time also calls for a permanent ‘office’ on the right to privacy. For that to happen, the Human Rights Council in Geneva will have to take action in March 2015 by creating a new “special rapporteur” on the right to privacy.
Background
In response to mass surveillance revelations in 2013, including news that their political leaders had been spied on, Brazil and Germany co-authored a unanimous resolution in the General Assembly. The resolution called for a report by the then High Commissioner for Human Rights, Navi Pillay, who came with a scathing critique in July 2014 that cited the need for immediate reform of surveillance laws and practices in line with international human rights norms. The report’s finding that mass surveillance inherently violates human rights spoke directly to the “five eyes” countries – the US, Canada, the UK, New Zealand, and Australia – who are responsible for weakening technical standards, collecting untold reams of data, and thwarting public debate over their practices.
Brazil and Germany again teamed up to lead this year’s effort, gathering more than 60 cosponsors. The resolution finds that surveillance must be “consistent with international human rights obligations and must be conducted on the basis of a legal framework, which must be publicly accessible, clear, precise, comprehensive and non-discriminatory.” It smartly calls for greater access to remedy for victims — a too-often ignored pillar of rights frameworks — and for increased attention to the role of private companies in government surveillance. In oral statements, the US and its allies in the “Five Eyes” drew attention to the resolution’s acknowledgment of “threats and harassment” that human rights defenders face along with privacy violations. And the resolution invites the Human Rights Council to “consider the possibility of establishing a special procedure” regarding the promotion and protection of the right to privacy.
Shortcomings
- The resolution does not specifically call for governments to extend protections to users abroad. Although expressing concern is important, governments must do much more to provide an effective solution to cross-border violations.
- The resolutions language on restrictions is unnecessarily general (“non-arbitrary and lawful”) but it could have used findings by multiple courts and international experts more precisely defining how privacy rights should be handled – that surveillance and other privacy restrictions should only be prescribed by law, necessary to achieve a legitimate aim, and proportionate to the aim pursued. These concepts are further articulated in the International Principles on the Application of Human Rights to Communications Surveillance, which High Commissioner Pillay said in her report can be considered interpretive guidance of Article 17 of the ICCPR that establishes the right to privacy.
- While the resolution notes that metadata can, when aggregated, “reveal personal information and can give an insight into an individual’s behaviour, social relationships, private preferences and identity,” it stops short of calling for an end to bulk metadata collection by governments, which the Human Rights Council has an opportunity to push for in March.
Summarizing, the authors of the post think that this resolution is a step in the right direction and “Access” will continue working to ensure the Council follows through on the General Assembly’s suggestion, and creates the Special Rapporteur.
https://www.accessnow.org/blog/2014/11/26/new-un-resolution-shifts-momentum-on-privacy-to-human-rights-council
In a related piece in ‘The Local’ one can read how Germany – at the heart of moves to limit the power of US web companies and their involvement in surveillance – is pressured by American companies and politicians.
http://www.thelocal.de/20141126/germany-denies-accusations-of-google-bashing
Posted in human rights, Human Rights Defenders | 1 Comment »
Tags: access, digital security, EU, Germany, Human Rights Defenders, Javier Pallero, mass surveillance, Navanethem Pillay, Office of the United Nations High Commissioner for Human Rights, Peter Micek, privacy, special rapporteur on privacy, special rapporteurs, the right to privacy, UN, UN General Assembly, UN Human Rights Council, UN Resolution
November 12, 2014
On Thursday, 20 November 2014, the International Service for Human Rights (ISHR) celebrates its 30th anniversary with the launch and discussion of two important legal reports:
The first is a memorandum of advice on the legal obligations of the Human Rights Council, its President and Bureau to combat reprisals prepared by Sir Nicolas Bratza and Prof Egbert Myjer
(both formerly of the European Court of Human Rights – Egbert Myjer portrayed here on the left), together with the leading international law firm Freshfields. This is indeed a crucial area for the future of the whole human rights system as argued consistently in this blog : https://thoolen.wordpress.com/tag/reprisals/]
The second study is a comparative research report on the recognition and protection of human rights defenders under national law.
The panelists are:
- Sir Nicolas Bratza, report author and former President of the European Court of Human Rights

- Maryam Al-Khawaja, Bahraini human rights defender

- Reine Alapini-Gansou, Special Rapporteur on Human Rights Defenders of the African Commission on Human and Peoples’ Rights

The debate is moderated by Phil Lynch, Director, International Service for Human Rights
The event takes place in Room IX of the Palais des Nations, Geneva, from 15h00 to 16h15. The legal briefing is followed by ISHR’s 30th anniversary reception.
Invitation to a High-level Legal Briefing: 20 November 2014.
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Tags: anniversary, debate, Egbert Myjer, Geneva, Human Rights Council, Human Rights Defenders, International Service for Human Rights, ISHR, Maryam Al-Khawaja, Nicolas Bratza, Phil Lynch, Reine Alapini-Gansou, Reprisal, retaliation, UN Human Rights Council
October 19, 2014
(Ravina Shamsadani, Spokesperson for the Office of the UN High Commissioner for Human Rights. Photo: UN Multimedia)
On 17 October 2014 the United Nations High Commissioner for Human Rights felt duty bound to express deep concern about a criminal case initiated by the Supreme Court of the Maldives against members of the country’s own official Human Rights Commission!
The Office of the High Commissioner for Human Rights (OHCHR), noted that five members of the Human Rights Commission of the Maldives were now facing “serious criminal charges” following the submission of their written contribution to their country’s second Universal Periodic Review (UPR), presented to the UN Human Rights Council (the actual UPR of the Maldives is scheduled to be held between April and May 2015). “The Government has a responsibility to ensure a safe operating space for the Commission and for civil society actors in the country, so that they are able to coöperate with UN human rights mechanisms without fear of reprisals.” the spokesperson stated.
[It is not the first time the Supreme Court of the Maldives has come under rebuke from OHCHR. In 2013, former High Commissioner for Human Rights Navi Pillay called for reforms to the judiciary to safeguard the rule of law following the Supreme Court’s repeated interventions in the presidential election process in the Maldives which, she said, were undermining the country’s democracy. In that specific case, the Court had nullified the first round of the election on the basis of irregularities in the process, despite conclusions by national and international observers that the election was free and fair.]
United Nations News Centre – Maldives: UN ‘deeply concerned’ as Supreme Court prosecutes rights advocates.
Posted in human rights, Human Rights Council, Human Rights Defenders, OHCHR, UN | 1 Comment »
Tags: Human rights commission, independence of the judiciary, Maldives, National Human Rights Commission, Ravina Shamsadani, retaliation, Supreme Court, the Maldives, the Office of the UN High Commissioner for Human Rights, UN, UN Human Rights Council, Universal Periodic Review, UPR, Zeid Ra'ad Al Hussein
October 1, 2014
Under the title “India dissociates itself from UN Human Rights Council resolution favouring pluralistic civil society“, Counterview of 30 September 2014, expresses its disappointment with the position taken by India (and other States such as South Africa) who one would normally expect to come out in support of a vibrant civil society, including specifically human rights defenders. They did not call for a vote – so the resolution passed – but expressed strong opposition. This is in line with earlier behaviour in the Council [see: https://thoolen.wordpress.com/2014/04/12/india-and-south-africa-forsaking-their-human-rights-credentials/]. Here some extracts: Read the rest of this entry »
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Tags: Article 19, Civil society, Human Rights Council, Human Rights Defenders, India, NGOs, South Africa, UN, UN Human Rights Council, UN Resolution, vibrant civil society
September 28, 2014
(Justice minister Mohamed Bushara Dosa at the 27th session of the UN Human Rights Council in Geneva, 24 September 2014 (Jean-Marc Ferré/UNHRC)
The UN Human Rights Council adopted a draft resolution in Geneva on Friday 26 September calling on the Sudanese government to conduct an independent enquiry into the killing of protestors in September 2013, and March 2014. It also agreed to renew the mandate of the Independent Expert on the Situation of Human Rights in Sudan for another year. The Council expressed grave concern at the use of excessive force, including the lethal shooting of demonstrators, and called on the Sudanese government to launch an investigation and refer its findings to the judiciary to ensure justice and accountability for the incidents that occurred.
[A year ago, massive street protests erupted in the country against the lifting of fuel subsidies. According to activists, more than 200 people died in Sudan’s capital. On 11 March this year, a University of Khartoum student was fatally hit by a bullet, and other students were injured, when security forces attacked a peaceful demonstration by the students against widespread attacks by paramilitary troops on rural areas in Darfur.]
The UN human rights agency also expressed concern “at reports of restrictions on the media, pre- and post-publication censorship, seizure of newspapers, the banning of some journalists, and violations of the rights to freedom of expression and freedom of association and of peaceful assembly”. It urged the Sudanese government to further its efforts for the promotion and protection of human rights, in particular to ensure freedom from arbitrary arrest and detention, and to respect the human rights of all individuals, including human rights defenders and members of civil society organisations.
The draft resolution urged the Sudanese government to continue its full cooperation with the independent expert and allow him “effective” access to all parts of the country and concerned bodies, [It was proposed on Thursday that the Irish Thomas Edward will succeed the current independent expert, Mashood. A. Baderin.The Sudanese Minister of Justice, Mohamed Bushara Dosa, however, said on Saturday that Khartoum has objected to the appointment of Edward, on the grounds that Sudan had not been consulted. He said that Sudan has requested the extension of Baderin’s term. Dosa called on the UNHRC to end the mandate of the independent expert, and rejected the accusations of committing serious violations of freedoms and human rights, particularly in Darfur, South Kordofan and Blue Nile. He further rejected accusations by the independent expert that Khartoum was dragging its feet in investigating the September 2013 protests, and pointed out that the government has submitted to him a detailed report on measures undertaken with respect to those events.]
(Sources: UNHCR, EU-UN.Europa, Sudan Tribune)
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Tags: censorship, draft resolution, freedom of expression, Human Rights Defenders, independent enquiry, journalists, Justice minister Mohamed Bushara Dosa, mass kiling, Radio Dabanga, Sudan, UN Human Rights Council, UN Special Rapporteur
September 24, 2014
Phil Lynch, Director of the International Service for Human Rights, wrote an insightful post on URG Insights that is a must. It describes with concrete examples how the current Human Rights Council – and especially its Bureau – is failing to uphold the acquired right of NGOs to speak freely in the UN and – when necessary – mention names of offending countries. It seems like a complete throwback to the early 80’s when in the then Commission on Human Rights NGOs were restricted in mentioning countries by name. This let to untenable and even comical situations where NGOs would describe in detail atrocities and then say that they were talking about a big country in the south of Latin America, only to be asked by the Chair to say which country they had in mind. When the obvious answer came: “Argentina”, the NGO was ruled out of order! That States now feel that the time is right to try again to muzzle NGO criticism became already clear last year with China’s elaborate efforts to silence the ‘one minute silence’ for Cao Shunli [https://thoolen.wordpress.com/2014/03/20/china-in-the-un-human-rights-council-manages-to-silence-cao-shunli-as-well-as-ngos/] and the worryingly broad support it got for its procedural wrangling. Thus it would be crucial that the whole NGO movement and the States that support them take a clear stand. In meantime Lynch’s “Human Rights Council President, Bureau and Member States must respect the role and rights of NGOs” is giving the right background and follows here in toto:
“The right, and indeed the responsibility, of non-governmental organisations (NGOs) to critique governments, expose and pursue accountability for human rights violations, and advocate for changes in law, policy and practice should be uncontroversial and uncontested. This is particularly the case at the UN Human Rights Council, the world’s apex body for human rights debate and dialogue, the mandate of which includes promoting and protecting the right to freedom of expression.
Read the rest of this entry »
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Tags: Cao Shunli, China, Civil society, Commission on Human Rights NGOs, Human Rights Council, human rights violations, International Service for Human Rights, ISHR, moment of silence, NGOs, Phil Lynch, right to speak in UN, UN Human Rights Council, UN procedures, URG Insights
September 17, 2014
A UN Human Rights Council mandated inquiry is currently investigating alleged violations of international humanitarian law, as well as gross and systematic human rights abuses, committed by the Government of Sri Lanka and the Liberation Tigers of Tamil Eelam, which led to estimated 40,000 civilian deaths in 2009 alone. In a joint letter dated 25 August to the President of the UN Human Rights Council and to the Ambassador of Sri Lanka, a coalition of NGOs outline an alarming trend of intimidation, threats and reprisals in Sri Lanka against people engaging with UN human rights mechanisms, including the Commission of Inquiry.
This pattern has been brought many times to the attention of the UN Human Rights Council by civil society, human rights experts and States, and even by the UN Secretary-General and High Commissioner. ‘The Government of Sri Lanka has the primary responsibility for protecting people from threats, intimidation and reprisal, and must condemn all such acts immediately and unequivocally as well as take all necessary lawful steps to affirm and uphold the right of all persons to free communication with the UN, safe from hindrance or insecurity’ said ISHR Director Phil Lynch. See also on reprisals: https://thoolen.wordpress.com/tag/reprisals/
Still on 13 September 2014, human rights defenders Mr Namal Rajapakshe and Mr Manjula Pathiraja in Sri Lanka were threatened with death in connection to their work as defence lawyers, reported Front Line on 15 September. Namal Rajapakshe and Manjula Pathiraja are leading human rights lawyers who have frequently appeared (often pro bono) in public interest litigation representing victims of human rights violations across Sri Lanka.
[On 13 September 2014, two unidentified men wearing jackets and helmets covering their faces entered the office of Namal Rajapakshe and threatened that he and Manjula Pathiraja would be killed should they appear in any more “unnecessary cases”. This is not the first time that Namal Rajapakshe and Manjula Pathiraja have been targeted. On 4 August 2014, the human rights defenders were intimidated, along with another lawyer, while they were making representations on behalf of their clients. They were harassed by a group of thugs inside the Maradana Police station – in front of the local Inspector.]
via Sri Lanka: End reprisals against those who cooperate with the UN | ISHR.
Posted in Front Line, human rights, Human Rights Defenders, ISHR | Leave a Comment »
Tags: death threats, Front Line (NGO), Human Rights Defenders, human rights lawyers, international NGOs, investigation, ISHR, Manjula Pathiraja, Namal Rajapakshe, Phil Lynch, Reprisal, reprisals, retaliation, Sri Lanka, UN Commission of Inquiry, UN Human Rights Council
September 15, 2014
“Protecting civil society space and preventing reprisals: National and international developments and next steps” is side event that will be held on Friday, 19 September 2014 from 9.15 to 10.45 am in the Palais des Nations, Geneva, Room XXIV.
Opening remarks Olivier de Frouville, member of the UN Working Group on Enforced and Involuntary Disappearances and member-elect of the UN Human Rights Committee
Panelists:
- Reine Alapini-Gansou, Special Rapporteur on Human Rights Defenders, African Commission on Human and Peoples Rights
- Stephania Kulaeva, Director, Anti-Discrimination Centre Memorial, Russia
- Patricia OBrien, Ambassador of Ireland to the UN
- Eleanor Openshaw, Reprisals Advocacy Manager, International Service for Human Rights
- Mothusi Bruce Rabasha Palai, Ambassador of Botswana to the UN TBC
Moderator: Michael Ineichen, Human Rights Council Advocacy Director, ISHR
The event will be webcast at www.ishr.ch/webcast. You can also follow the event on Twitter @ISHRGlobal, using the hashtag #ProtectCSS.
If you would like to attend but do not have UN accreditation, please email information[at]ishr.ch before 12 noon on 16 September.
via Protecting civil society space and preventing reprisals: National and international developments and next steps | ISHR.
for earlier posts on reprisals, see: https://thoolen.wordpress.com/tag/reprisals/
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Tags: anti-reprisals focal point, Civil society, Eleanor Openshaw, Geneva, Human Rights Defenders, ISHR, Olivier de Frouville, Reine Alapini-Gansou, reprisals, retaliation, side event, Special Rapporteur on Human Rights Defenders, Stephania Kulaeva, UN Human Rights Council, webcast