In the hard-to-define area of cultural rights, the following is an interesting contribution: On 22 October, 2019, the Artists at Risk Connection (ARC) hosted a meeting alongside the UN Special Rapporteur in the field of Cultural Rights, Karima Bennoune, at the Bahá’í International Community’s UN Offices in New York City. The aim of the meeting was to gain expert insight in support of the Special Rapporteur’s next report, on cultural rights defenders (CRDs), which will be presented in March 2020 to the UN Human Rights Council.
Cultural rights, including the right to take part in cultural life, the right to freedom of artistic expression, the right to scientific freedom, and the right to access and enjoy cultural heritage, are being increasingly recognized and mainstreamed internationally, and at the same time are regularly violated by states and other actors. Cultural rights defenders (CRDs) – those human rights defenders who act in defense of cultural rights – need much greater recognition and support to be able to carry out their critical work defending this part of the universal human rights framework. The meeting invited experts and actors working across the field of human rights and cultural rights, including artistic freedom, to share their knowledge on the state of cultural rights and those working to defend them. Participants included UN experts and representatives of UN bodies, representatives from NGOs, frontline cultural rights defenders, experts in cultural heritage work and scientific freedom, as well as those working on the cultural rights of specific categories of persons, including women, persons with disabilities, LGBTI people, minorities, indigenous peoples, artists, and cultural heritage defenders.
The meeting engendered a thought-provoking discussion on topics such as:
An intersectional approach to CRDs that is cognizant of gender, indigeneity, fundamentalism, LGBTQI identity, religion, cultural diversity, climate change, and disability.
The nature of the risks faced by CRDs, how they vary contextually across the Global North and South, and the recourse that such a term offers (or fails to offer) to actors in varied contexts.
What the term “Cultural Rights Defender (CRD)” entails, its use (or not) by human rights defenders and relevant actors across the field of culture, and the potential for its use as a means of redress for cultural activists at risk.
Strategies to better support the work of CRDs, including legal frameworks, the role of the internet, the role of national governments, and systems of censorship.
Inputs from the meeting will be included in the Special Rapporteur’s next report, which will be made public in March 2020. To keep abreast of the mandate of the UN Special Rapporteur in the field of Cultural Rights, you can follow their statements, reports, and feature stories here.
Victor Madrigal-Borloz, the U.N. independent expert, is now in residence at Harvard Law School. Kris Snibbe/Harvard Staff Photographer
Liz Mineo,Harvard Staff Writer, published on 22 October the following interview with Victor Madrigal-Borloz, the U.N. independent expert’ who examines root causes and highlights danger spots and progress
Costa Rican magistrate Victor Madrigal-Borloz has served for the past 21 months as the U.N. independent experton protection against violence and discrimination based on sexual orientation and gender identity. The Gazette interviewed Madrigal-Borloz, who is the Eleanor Roosevelt Senior Visiting Researcher with the Human Rights Program at Harvard Law School, to talk about his work and his hopes for the future:
GAZETTE: Why did you decide to take on this role?
MADRIGAL-BORLOZ: I have been working in the field of human rights for over 20 years and I saw the possibility to bring about substantial change. The topic bears a lot of significance to me, as a gay man myself. I have been working on these issues for over a decade, first at the Inter-American Commission [on Human Rights] and now at the global level. I have seen many people suffer as a result of stigma and discrimination, and this was a once-in-a-lifetime opportunity to do something about it and put my skills at the service of a cause.
GAZETTE: What did your report find in terms of the root causes of violence and discrimination against LGBT people?
MADRIGAL-BORLOZ:There are primary and secondary root cases. First, there is the notion that societies are structured around certain power relations, which have been designed in relation to a person’s sex. Your role in society is determined by your genital configuration. That’s a very basic construction, and all forms of violence and discrimination come from a defense of those power relations. The other factors come from mechanisms that aim to protect those power relations, such as the idea that gay, lesbian, or trans people don’t exist, and the stigma around them, which is enabled through the message that gay, trans, bisexual, and lesbian people are sick or mentally ill. The other aspect is criminalization. Same-sex relations are still criminalized in 69 countries, which means that, as of today, over 2 billion people live in countries where being gay or lesbian is illegal. Another factor is demonization expressed in the notion that somehow LGBT lives are sinful, immoral; that gays or lesbians cannot be good citizens. The idea is that at the end of the day, there’s something immoral about our existence, and that’s what all of us need to fight against.
GAZETTE: Of your findings, which ones struck you the most?
MADRIGAL-BORLOZ:What disturbs me is that in 2019 there are countries that are considering bringing back the death penalty for same-sex relations. There was a discussion in Uganda about it, and early this year Brunei Darussalam enacted legislation allowing the stoning of gay men. That, to me, is shocking. What I also find surprising is that there are environments that are actually extremely progressive when it comes to gender identity, but can be very restrictive when it comes to sexual orientation and vice versa. In Pakistan, for example, there is an extremely forward legislation on the recognition of gender identity, but sexual orientation is very much criminalized. Sexual orientation has always been a more challenging notion for societies, which in general have used the notion of a traditional binary, hetero-parental family as the nucleus of society, and this has been recognized in public discourse and in the law. But what we also know is that homosexuals, lesbians, and bisexuals have existed and sought happiness all throughout history.
GAZETTE: What policies or practices have been the most successful in the protection of LGBT rights?
MADRIGAL-BORLOZ: Anti-discrimination legislation with the words sexual orientation and gender identity is very important because it allows for all actors in the system to understand that a red line has been drawn and that shouldn’t be crossed. This creates the belief that lesbian, gay, trans, bisexual, or gender-diverse people are entitled to protection. Other good practices are policies aiming at promoting integration of LGBT people in society and campaigns to change hearts and minds.
Let me give you an example. About a year ago, the Inter-American Court of Human Rights issued an advisory opinion, OC-24, which determined that Costa Rica and other countries in the continent must implement same-sex marriage, and it gave a time frame for that. Despite the fact that this created great polarization in Costa Rica, the Costa Rican state has now put together a campaign called “Yes, I do,” or in Spanish, “Si, Acepto,” which focuses on the parents of gay and lesbian children and their reasons why they support gay marriage and why their children are entitled to happiness.
Another good measure is access to justice, and this means that judges have to actively seek to implement the principle of nondiscrimination when it comes to LGBT rights. That’s what the Supreme Court of India, the Supreme Court in Botswana, and the High Court in Trinidad and Tobago did when they voted to decriminalize gay sex in their respective countries.
GAZETTE:How do you explain the dramatic advances in the protection of LGBT rights in regions such as Latin America, where same-sex marriage is now legal in five countries?
MADRIGAL-BORLOZ:It’s the work of civil society and human-rights defenders and advocates who have fought relentlessly for their rights. I began working on these issues over a decade ago, and at that time the trans movement in South America was strong. An extraordinary trans activist in Argentina, Lohana Berkins, used to say that trans women must expose the audacity of their bodies to the society that fails to understand the fragility of their lives. The average life expectancy of a trans woman in Latin America is 35 years, and that’s what Berkins was talking about. It was her voice and those of other great fighters in the LGBT movement that forced people to see their humanity, and ensured that Argentina, Uruguay, and other countries in the continent have the most advanced legislation on legal recognition of gender identity.
GAZETTE:Which countries are the worst and best performers in terms of LGTB rights?
MADRIGAL-BORLOZ:I have a lot of resistance to ranking countries, because things change very fast. Most of these rights are not necessarily enshrined or written in stone; there are forces in societies that are quite keen on seeing them taken back. We live in times in which rising populism uses certain categories of people, such as LGBT communities, as pawns for their political objectives. But I can say that the most problems arise in the countries where gay sex is criminalized, and they are roughly distributed along the Caribbean, sub-Saharan Africa, some regions of Asia, and the Middle East. It’s not a small part of the world. Criminalization forces people to live underground, and often the situation of those whose existence is considered criminal is devastating. The killing of trans women, for example, has been invisible from public records because they are classified as men. And the levels of violence against lesbian women and gay men all over the world is worrisome.
GAZETTE: Why have there been more gains in protection of sexual orientation than gender identity, and what does it say about the possibility of social change?
MADRIGAL-BORLOZ:There is a certain concentration of power and influence within gay and lesbian, or cisgender, urban populations. They have been able to represent their valid agendas in the political debate. On issues of concern for the gay and lesbian urban upper and middle class, there has been more progress than on those concerning trans women or trans men coming from the countryside. But those gains show that social change is possible within one generation. Those of us who were born in the ’60s have seen the world change from a majority of countries criminalizing and pathologizing LGBT identities to a majority of countries embracing the richness that comes from diversity.
Social change is possible when the prime minister of Luxembourg speaks at the General Assembly last week, and declares “I was never hoping to be the gay prime minister. I just happen to be the gay prime minister.” When political leaders take part in a pride parade, they are changing the views that people have about LGBT people. I’ve had the honor of marching alongside Justin Trudeau in Vancouver, and the first lady of Costa Rica in pride parades. That makes me hopeful, but also the fact that the new generations have changed their paradigm of thinking; they embrace the notion that their existence is not determined by rigid notions of gender. That is a great source of inspiration.
But I worry that for some, the change will not come fast enough. Elderly LGBT people are suffering enormous health disparities, and after living their lives in inclusive environments, they are being forced to go back into the closet as they move to retirement communities that are not prepared to cater for their needs. They deserve happiness now.
GAZETTE: What would you like to see happening before your tenure as the U.N. independent expert ends in 2020?
MADRIGAL-BORLOZ:My dream is to see a world free of criminalization of same-sex relations by 2030. Given the fact that international human rights law considers criminalization of same-sex relations a violation of human rights, I see no reason why states would actually get away with continuing this practice past 2030. That’s what I like to dream about.
“We are witnessing an increase in xenophobia, hate speech, push-backs on women’s equality and the rights of minorities,” warned Michelle Bachelet, United Nations High Commissioner for Human Rights, also highlighting the ever-widening gaps in global wealth and access to resources. Moreover, underfunding has hampered the growing workload of the entire treaty body system, she said. Committees do not have adequate resources to carry out inquiries into grave or systematic violations. This results in a “credibility crisis” for all treaty bodies — and a denial of justice for the victims of human-rights violations.
Among the day’s three other briefers was Obiora Chinedu Okafor, Independent Expert on human rights and international solidarity, who focused on the issue of human-rights based solidarity in global refugee protection. The current refugee “crisis” was not caused by large numbers of refugees, but rather by States’ unwillingness to accept refugees into their countries — evading their responsibilities. Moreover, the rise of extremist political parties is complicating the issue, he said, as the “alternative right” and other racist civil society groups target any kind of solidarity with refugees. Echoing those words, the Russian Federation’s delegate noted that certain extremist political parties are impeding the entry of refugees into the European Union, and that the Independent Expert’s report lay the blame for this squarely at the feet of foreign interference in internal State affairs.
In his presentation, Michel Forst, Special Rapporteur on the situation of human-rights defenders, highlighted that 431 defenders were killed in 2017 and 2018. With that in mind, combating impunity is not only a legal obligation of States, but also a moral one. He further noted that “98 per cent of the killings of rights defenders remain unpunished” and that unless impunity is ended, the violence against them will continue. A zero-tolerance policy towards such attacks must be adopted, and the lack of political will — and of State recognition of rights defenders — addressed. Reacting to those comments, several delegates raised questions about digital attacks on human-rights defenders, with Germany’s representative underscoring that female defenders of human rights often face particular threats, such as the publication of private information. Mr. Forst responded that he has found research by the Special Rapporteur on freedom of association and the Special Rapporteur on freedom of expression helpful in this context, with a particular focus on advocating for social network businesses to provide better protections. To concerns raised by an observer for the State of Palestine and the representative of Georgia, he noted that his subsequent report will make specific proposals to assist defenders living in fragile States, as well as those living in conflict or post-conflict situations. On defenders who live in isolated areas, he said they are often not given sufficient attention by the international community. Ambassadors should leave their capitals and go into these far-flung areas to see where these defenders work, he said. Those who work on sexual and reproductive health and rights often bear the brunt of attacks, while those working on gender identity are harassed and threatened
The Special Rapporteur on the rights to freedom of peaceful assembly and of association, Clément Nyaletsossi Voulé, also presented his report.
Lao democracy advocate Od Sayavong reads a statement at a protest in Bangkok, Thailand, June 16, 2019.
Roseanne Gerin of Radio Free Asia reported on 2 October 2019 that UN Rights experts had expressed concern over disappearance of Lao human rights defender Od Sayavong, who went missing in Thailand months after meeting with a U.N. special rapporteur. Three special rapporteurs and four members of the U.N.’s Working Groups on Enforced or Involuntary Disappearances, part of a body of independent human rights experts under the U.N.’s Human Rights Council in Geneva, Switzerland, urged Bangkok to clarify the steps it has taken to locate Od and ensure the safety of other vulnerable Lao human rights defenders in the capital, according to a news release.
Od, 34, who had been recognized as a refugee by the U.N. refugee agency and openly criticized his country’s government online and in public protests, was last seen at his home in Bangkok on Aug. 26. A week later a colleague reported his disappearance to the Thai police, but authorities have not provided information about his whereabouts, the news release said.
“If an enforced disappearance occurred in part as a reprisal for Od’s engagement with the U.N. system, it would be a violation of his human rights, requiring immediate action,” said Philip Alston, the U.N. special rapporteur on extreme poverty and human rights, met with Od and other Lao human rights defenders in Bangkok in mid-March prior to a visit to Laos.in the printed news release. “Everyone should have unhindered access to and communication with the U.N. in the field of human rights.”
Michel Forst, U.N. special Rapporteur on human rights defenders, called Od a “vocal advocate on human rights, corruption, and environmental issues in the Lao PDR, a country with a track record of arbitrary arrests and enforced disappearances.”
In a 6 September statement, the Paris-based International Federation for Human Rights and its member organization Lao Movement for Human Rights (LMHR) called on Thai authorities to immediately investigate the activist’s disappearance.
He also had called for the release of three Lao workers sentenced to lengthy jail terms in April 2017 for criticizing their government while working in Thailand, and for a U.N. investigation into the disappearance of rural development expert Sombath Somphone in December 2012. Prior to his abduction a police checkpoint in the Lao capital Vientiane, Sombath criticized government-negotiated land deals that had left thousands of rural Lao villagers homeless with inadequate compensation for their losses. The Lao government has failed to make headway on resolving Sombath’s case, despite repeated commitments that it will do so. See also: https://humanrightsdefenders.blog/2016/01/04/sombath-somphone-third-anniversary-of-his-disappearance-in-laos/
Although not directly linked to human rights defenders (but they are often the victims of gun violence) the above statement by the Rupert Colville, spokesperson for the UN High Commissioner for Human Rights, reacting to the weekend mass shootings in Texas and Ohio, raises the straightforward question: why should any civilian anywhere be able to acquire an assult rifle…??
He had been found guilty of intentionally leaking state secrets to foreigners. The statement, from Mianyang Intermediate People’s Court, added Mr Huang would be deprived of his political rights for four years and had also been fined $2,900. Huang has kidney and heart disease and high blood pressure. And supporters have voiced concern about the consequences of the 56-year-old remaining imprisoned.
“This decision is equivalent to a death sentence, considering Huang Qi’s health has already deteriorated from a decade spent in harsh confinement,” said Christophe Deloire, the secretary-general of Reporters Without Borders. The press-freedom campaign group has previously awarded Huang its Cyberfreedom Prize. It has now called on President Xi Jinping to “show mercy” and issue a pardon.
Amnesty International has called the sentence “harsh and unjust”. “The authorities are using his case to scare other human rights defenders who do similar work exposing abuses, especially those using online platforms,” said the group’s China researcher Patrick Poon.
And in December 2018, a group of the United Nations’ leading human rights experts also pressed for Huang to be set free and be paid compensation. According to Reporters Without Borders, China currently holds more than 114 journalists in prison.
UN ambassadors from 22 states join together in rare show of unity to write a letter calling on Beijing to allow freedom of movement for Muslim minority, reports Agence France-Presse on
China is reportedly holding one million people, mostly ethnic Uighurs, in internment camps in Xinjiang Photograph: Greg Baker/AFP/Getty Images
UN ambassadors – including Australia, Britain, Canada, France, Germany and Japan – co-signed the letter released Wednesday and sent to the Human Rights Council president, Coly Seck, and the High Commissioner for Human Rights, Michelle Bachelet.
Rights groups and former inmates describe them as “concentration camps” where mainly Muslim Uighurs and other minorities are being forcefully assimilated into China’s majority ethnic Han society. The letter expresses concern “about credible reports of arbitrary detention… as well as widespread surveillance and restrictions, particularly targeting Uighurs and other minorities in Xinjiang.” It calls on China to stop arbitrary detention and allow “freedom of movement of Uighurs and other Muslim and minority communities in Xinjiang.” The authors, who include ambassadors from across the EU as well as Switzerland, requested that the letter become an official document of the Human Rights Council, which ends its 41st session in Geneva on Friday. Chinese officials describe the camps as voluntary “vocational education centres” where Turkic-speaking Uighurs receive job training.
On the same day Human Rights Watch commented: Most importantly, the joint letter sends a strong message that we are moving beyond the era of selectivity, and that no country, large or small, is exempt from the scrutiny of this Council. We understand that the joint letter remains open for additional signatures, and we encourage those delegations that have not yet signed to do so. We are particularly disappointed that OIC member states have not yet engaged meaningfully or credibly with the human rights situation affecting Muslims in Xinjiang, while they have spoken out on other situations. This risks fueling perceptions of double standards and politicization; supporting the constructive joint statement would be a useful step towards addressing such perceptions.
We also welcome China’s acceptance of a UPR recommendation to respond positively to a country visit request by the UN Special Rapporteur on freedom of religion or belief.
We would suggest that China could benefit from technical assistance by drawing on the expertise of other UN Special Rapporteurs, such as the Special Rapporteur on the promotion of human rights while countering terrorism. Given that China has advanced the need to counter terrorism as its rationale for mass programs directed at Uyghurs and others in Xinjiang, the Special Rapporteur could offer useful guidance on whether there are more rights-respecting ways to counter terrorism than mass surveillance, detaining over a million Muslims, and stripping an entire population of its rights to freedom of religion, privacy, culture and expression.
In two statements delivered to the 40th Session of the Human Rights Council, ISHR and Amnesty International reacted to the latest Joint Communications Report of the UN Special Procedures – independent human rights experts, appointed to monitor and report on human rights violations and to advise and assist in promoting and protecting rights. The report cites nine cases of reprisals against human rights defenders cooperating with the UN, and reveals that 95 states have not responded to letters from the UN experts concerning human rights violations.
There are two, related issues at stake here: (1) non-response to letters from the UN, and even worse (2) reprisals against human rights defenders who cooperate with the UN.
As Helen Nolan of ISHR explains, 35 States have recently failed to respond to two or more of these letters. 13 of these nations are members of the Council. ‘Repeat offenders are a particular concern,’ says Nolan. ‘India has failed to reply to a staggering 8 communications, Mexico 6, Italy 5, and Bangladesh and Nepal 4 each.’ Nolan emphasises that a failure to reply is a failure to cooperate, and welcomes the fact that the recently published report of the Annual Meeting of Special Procedures focuses on non-cooperation, including ‘more subtle forms’, such as selective cooperation with particular mandates. ‘To encourage cooperation, the Council must make non-cooperation more costly,’ says Nolan. ‘We urge the President of the Council to work closely with the Coordinating Committee of the Special Procedures to find ways to do this,‘ adds Nolan.
ISHR and Amnesty International’s second statement noted that under GA Resolution 60/251, Council members must ‘fully cooperate with the Council.’ Yet, the report cites nine cases of reprisals involving these members:
China sought to revoke the Society for Threatened Peoples’ ECOSOC status after vexatiously alleging that a person accredited by them, Dolkun Isa, participated in incitement and funding of separatism and terrorism, in retaliation for cooperation with the UN;
Egypt carried out forced evictions, and violations of the rights to physical integrity, liberty and security against individuals who cooperated with the Special Rapporteur on the right to adequate housing during her recent visit;
Iraq carried out unlawful arrest, enforced disappearance and torture against Imad Al Tamimi and intimidated and threatened Israa Al Dujaili for cooperating with the UN;
Libya arrested an individual in retaliation for taking steps to clarify the fate and whereabouts of his father, including with UN mechanisms;
The Philippines labeled defenders “terrorists” in reprisal for their engagement with the UN;
Russia surveilled, intimidated and harassed Yana Tannagasheva and her husband, for speaking out about impacts of coal mining on indigenous people in Siberia and in possible reprisal for their communication with UN mechanisms;
Turkmenistan carried out reprisals against a defender and her husband for her cooperation with the UN; and
In Yemen, forces loyal to President Hadi and the Saudi-led coalition detained human rights defenders Radhya Al-Mutawakel and Abdulrasheed Al-Faqih for cooperating with the UN.
Shemin Joy, for DH News Service, New Delhi, reported on 21 February 2019 that a letter addressed by 3 UN Rapporteurs to the Indian government has now been made public as no reply was received. The letter will now be part of the report to be discussed in UN Human Rights Council as India has not responded to the charges. In the letter, the Special Rapporteurs referred to the raids and searches conducted at the offices of Amnesty International India and Greenpeace India as well as the blocking of foreign funding to these NGOs. ….concern is expressed at the alleged smear campaign against Amnesty International India, in what seems to be an attempt to tarnish the organization’s reputation in the absence of formal charges
“We reaffirm our position that the ability to access foreign funding is an integral part of the right to freedom of association, and reiterate our concerns at the highly detrimental impact of the FCRA, which has been increasingly used to obstruct Indi.reiterate our concerns at the highly detrimental impact of the FCRA, which has been increasingly used to obstruct Indian civil society’s access to international funding,” they said. [see also: https://humanrightsdefenders.blog/2013/11/05/india-should-end-funding-restraints-on-human-rights-defenders-says-hrw/]
The seven-page letter was written by Special Rapporteurs David Kaye (promotion and protection of the right to freedom of opinion and expression), Clement Nyaletsossi Voule (rights to freedom of peaceful assembly and of association) and Michel Forst (situation of human rights defenders) on December 20 last year and had said that they would make public the letter after two months with or without the government’s response.
Many newspapers reported (here India Today) that a group of UN human rights experts has expressed concern over continued threats to journalist Rana Ayyub, calling on the Indian government to urgently take steps to protect her and ensure the threats against her are promptly and thoroughly investigated. “We are highly concerned that the life of Rana Ayyub is at serious risk following these graphic and disturbing threats,” said the UN experts.
Ayyub is an independent journalist and writer whose work has included investigations into alleged crimes committed by public and government officials.
The UN experts are: Special Rapporteur on extrajudicial, summary or arbitrary executions, Special Rapporteur on the situation of human rights defenders, Special Rapporteur on the promotion and protection the right to freedom of opinion and expression, Special Rapporteur on freedom of religion or belief and Special Rapporteur on violence against women.
