In March, Margaret Sekaggya will finish her term as the UN Special Rapporteur on Human Rights Defenders. For more than five years the Ugandan Margaret Sekaggya has served the mandate with dedication and commitment, and has played an integral role in promoting the work of and furthering protection for human rights defenders around the world.
Also it has been announced that the new Special Rapporteur will be Michel Forst , from France.
He is a lawyer by training and the Secretary General of the Commission Nationale Consultative des Droits de l’Homme de la Republique Française. From 2008 – 2013, he was the Independent Expert of the United Nations on the situation of human rights in Haiti. He was Director General of Amnesty International in France and worked in the human rights department of UNESCO. Mr. Forst is also a founding trustee of Front Line Defenders.
In short, Margaret Sekaggya did a great job – like her predecessor Hina Jilani – and the credentials of the new Rapporteur give all reason to hope that the level of knowledge and commitment will be maintained. Glad to report something good coming out of the Council!
“States that commit or tolerate reprisals against #HRDs for cooperation with #UN should loose their voting rights says@thoolen“ is what Michael Ineichen twitted about my intervention in a meeting in Geneva organized by the ISHR. on 11 March. And that is basically correct. However, a bit more explanation of my rather ‘extremist position’ may be in order:
The topic of reprisals against persons who cooperate (as witnesses) with the UN and its various office holders has been raised by many, including this blog. [see: https://thoolen.wordpress.com/2013/09/20/protecting-human-rights-defenders-from-reprisals-crucial-issue-with-timely-article-and-side-event-on-24-september/ and https://thoolen.wordpress.com/2013/10/14/conclusions-of-side-event-on-reprisals-against-human-rights-defenders/.] When at the very well-attended side event organized by the International Service for Human Rights in the margin of the UN Council of Human Rights, the issue of reprisals came up again, I said that the international community is perhaps a bit too timid in its reaction to the increase in reprisals against Human Rights Defenders who testify to or cooperate with the United Nations. I stated that ‘messing with witnesses’ is considered by judges in almost all legal systems as an extremely grave thing. Or taking another analogy from legal thinking: a crime is considered a ‘qualified crime’ or ‘aggravated crime’ (and punished more severely) when certain circumstances are present, including when there is a dependency link between the victim and the perpetrator (think of murder or rape by the a custodian, a teacher or a doctor).
The resolution establishing the new Human Rights Council – replacing the previous Commission – states that “members elected to the Council shall uphold the highest standards in the promotion and protection of human rights.” And one of the novelties touted was that the General Assembly, via a two-thirds majority, can suspend the rights and privileges of any Council member that it decides has persistently committed gross and systematic violations of human rights during its term of membership.
The chilling effect that reprisals can have – especially when met with impunity – is potentially extremely damaging for the whole UN system of human rights procedures and will undo the slow but steady process of the last decades. Taken together with the above-mentioned seriousness of the aggravating character of reprisals, a powerful coalition of international and regional NGOs could well start public hearings with the purpose of demanding that States that commit reprisal be suspended.
If States can lose their right to vote in the General Assembly if they do not pay their fees for several years, there is in fact nothing shocking in demanding that States, who persecute and intimidate human rights defenders BECAUSE they cooperate with the United Nations, are not allowed to take part in the proceedings of the UN human rights body.
Rolando Jiménez Perez,Chilean human rights defender, is given the floor in the newsletter of the International Service for Human Rights [ISHR] of February 2014. Here are some of the most quotable statements but the whole interview with Camille Marquis is worth reading:
‘I wanted to fight for human rights in order to help lesbians, gays, bisexuals and transsexuals and to put an end to any brutality for reasons of sexual orientation and gender identity. During the dictatorship of Augusto Pinochet, Rolando Jiménez Pérez was a member of the Communist Party driven, along with his fellow party workers, by the goal of restoring democracy. His sexuality was used by the party as a means to belittle him. This brought home to Rolando just how strong a role a person’s sexual orientation could play and he made up his mind that once the dictatorship was over he would turn his attention entirely to human rights and in particular towards lesbian, gay, bisexual and transgender (LGBT) people.
In a post earlier in the day I mentioned that I would restrict myself to announcing Side Events to the UN Human Rights Council in Geneva that are specially focused on Human Rights Defenders, but that seems not be much of a restriction with two more interesting events scheduled for next week:
1. “Human Rights Defenders and the Shrinking Space for Civil Society” on Monday 10 March 2014 from 14 to 15h00 in Room XX Palais des Nations. Speakers:
Navi Pillay UN High Commissioner for Human Rights
Halah Eldoseri – Saudi Arabia [researcher on women’s health services; blogs (Saudi women’s rights) to educate women about the country’s international obligations towards women; writes and organises lectures and workshops in Saudi Arabia for activists and the public]
Maksym Butkevych – Ukraine [radio and TV journalist working with “Hromadske Radio” (“Public Radio”) in Kiev; Co-Founder of “No Borders” project of the NGO “Social Action Centre”, which works on anti-discrimination issues; organised an independent radio station to directly cover the events in Ukraine; Co-Ordinator of the Independent Civic human rights violations Investigation Commission]
Mary Lawlor Director of Front Line Defenders [Chair]
Co sponsors: Troicare, International Commission of Jurists, Permanent Mission of Ireland.
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2. “Global Trends for Human Rights Defenders” on Wednesday 12 March from 09h30 -12h00 in the office of International Service for Human Rights (ISHR), Rue de Varembé 1. This Roundtable brings together human rights defenders, practitioners, academic scholars, intergovernmental officials, government representatives, and donors to discuss innovation and the way forward to improve understanding and protection of HRDs, specially to foster an enabling environments for human rights defenders. This discussion will draw upon:
Recommendations made in the report of the UN Special Rapporteur on the Situation of Human Rights Defenders to the Human Rights Council on 10 March 2014,
The International Film Festival and Forum on Human Rights [FIFDH] was inaugurated in 2003. This year’s session runs from 7 to 16 March, 2014. On purpose it coincides with the UN Human Rights Council. This simultaneous event helps to make the Festival a Platform for discussion and debates on a wide variety of topics concerning human rights. As a genuine Forum on Human Rights, the Festival informs and firmly denounces violations of civil, political, economic, social and cultural rights wherever they occur. In the heart of Geneva, the “international hub for human rights”, the FIFDH offers debates as well as unscreened films and solidarity actions. The link to the full programme is: http://www.fifdh.org/2014/index.php?rubID=101&lan=en Read the rest of this entry »
In the weekly round up of human rights news the Asian Human Rights Commission [AHRC] covers this week (25 February 2014) the following topics:
Pakistan’s long march meets further challenges
Disguised police officers in Sri Lanka try to disrupt protest
10th anniversary of torture victim Maina Sunuwar’s death
Extrajudicial killing in broad daylight in Bangladesh
The ALRC makes 17 written submissions on human rights issues in Asia to the UN
Pakistani social activist is murdered
Voices of survivors: this week from the Philippines.
It is remarkable and promising that a small regional NGO is able to keep this up, paving the way for further such developments in the future. See also my end-of-year post:
There was considerable attention in the media for the new United Nation report that has found that crimes against humanity are occurring in North Korea and calls for an international tribunal to investigate and hold perpetrators to account, but you may have missed the 14-minute video produced by Human Rights Watch on 17 February 2014. The report, by a UN Commission of Inquiry appointed by the UN Human Rights Council in March 2013, recommends that the UN Security Council refer the situation in North Korea to the International Criminal Court (ICC) and that the UN High Commissioner for Human Rights carry out investigations. The three person commission, which was chaired by Australian jurist Michael Kirby, will formally present its findings to the Human Rights Council on or around March 17, 2014. The council will then consider a resolution to act on the commission’s recommendations.
The Geneva-based International Service for Human Rights organises an important side event during the upcoming UN Human Rights Council. Under the title “Creating a safe and enabling environment for human rights defenders” the event will take place on 11 March 2014, from 12h00 – 14h00 in the Palais des Nations, Geneva (exact room to be determined later). Those who cannot attend in person, can follow the event through a live webcast and ask questions or share comments via Twitter using #HRDs before and during the event. Photos and further details will also be available on Facebook following the event, Read the rest of this entry »
Here two recent examples of non-cooperation in relation to requests for access by international human rights mechanisms:
On 11 February 2014 five international human rights organisations issued a statement decrying Algeria’s lack of cooperation in allowing UN human rights experts and international human rights organizations to visit the country. Algeria may have joined the UN Human Rights Council in January 2014, but it has not agreed to visits by the UN Special Rapporteur on Torture and the Working Group on Enforced or Involuntary Disappearances, despite their repeated requests. Similarly the Algerian authorities have refused to grant visas to nongovernmental human rights organizations for several years. “Algeria remains the only country among its neighbors that generally restricts access to human rights organizations,” said Eric Goldstein, of Human Rights Watch. [The 5 NGOs making the appeal are Amnesty International, Euro-Mediterranean Human Rights Network, Human Rights Watch and the Observatory for the Protection of Human Rights Defenders, a joint program of the International Federation for Human Rights FIDH, and the World Organization Against Torture OMCT].
Today, 14 February it became known that the European Union Special Representative for Human Rights, Stavros Lambrinidis, was denied a request to visit prisoners during his visit to Egypt [he announced this on Twitter after meeting with Prosecutor General Hisham Barakat.] Lambrinidis described the refusal as a “direct contradiction” to the Ministry of Interior’s “press release promising greater openness to such visits”. Only two days earlier – amid mounting allegations of torture inside places of detention – the Ministry of Interior had issued a statement welcoming requests from NGOs wishing to visit prisons. [Lambrinidis held an open discussion with 30 human rights defenders from local and international NGOs earlier this week, stating that the Egyptian government must respect peaceful free expression and human rights communities.]
The legal recognition and protection of human rights defenders is crucial to ensuring that they can work in a safe, supportive environment and be free from attacks, reprisals and unreasonable legal restrictions. Despite this, governments in all regions are increasingly enacting laws which restrict and even criminalise the work of human rights defenders and NGOs. In response the Geneva-based International Service for Human Rights [ISHR] in partnership with regional, sub-regional and national human rights defender groups from around the world announces its plan to develop a model national law on human rights defenders to be enacted locally.Read the rest of this entry »
He is a lawyer by training and the Secretary General of the Commission Nationale Consultative des Droits de l’Homme de la Republique Française. From 2008 – 2013, he was the Independent Expert of the United Nations on the situation of human rights in Haiti. He was Director General of Amnesty International in France and worked in the human rights department of UNESCO. Mr. Forst is also a founding trustee of Front Line Defenders.
Hans Thoolen on Human Rights Defenders and their awards 