In the Monitor of the ISHR of 30 September 2013, Ambassadors András Dékány and Istvan Lakatos of Hungary expresses an important opinion regarding the issue of reprisals against human rights defenders. As it is short here is the full text:
Posts Tagged ‘United Nations Human Rights Council’
UN Human Rights Council should not be a bystander on reprisals, say two Hungarian Ambassadors
October 1, 2013UN Human Rights Council 2013 condemns crackdown on Human Rights Defenders
September 28, 2013Michael Ineichen of the International Service for Human Rights [ISHR] in its Monitor of 27 September 2013 welcomes the adoption of a Resolution by the UN Human Rights Council which condemns the global crackdown on civil society and calls on all 
governments to protect and support the work of non-governmental organisations and human rights defenders. In a resolution adopted that day, entitled ‘Civil society space’, Read the rest of this entry »
Criteria to ensure quality successor as Rapporteur on Human Rights Defenders
September 28, 2013As this is a weekend post I have chosen one that requires a bit of reflection: Several UN Rapporteurs are coming to the end of their term in 2014, including – unfortunately – also the mandate of the Rapporteur on Human Rights Defenders Margaret Sekaggya. A number of NGOs – in this case Amnesty International and the International Service for Human Rights – have given thought to the kind of kind of criteria that should ensure that a good successor in chosen, or at least that high-quality and independent candidates to come forward for nomination.
What follows are the key parts of the “Proposed criteria for selection & appointment of a new mandate holder on the situation of human rights defenders: Amnesty International, International Service for Human Rights and others; joint written statement to the 24th session of the UN Human Rights Council (9 – 27 September 2013)”
In March 2014, the President of the UN Human Rights Council (the Council) will appoint a new Special Rapporteur on the situation of human rights defenders.
This UN expert on the situation of human rights defenders will serve two terms of three years each.
Candidates and nominating entities shall submit an application with personal data and a motivation letter no longer than 600 words. OHCHR will prepare a public list of candidates.
Applications open in early September, and the deadline now set for 31 October 2013.
Background
The signatory organisations call on Governments, NGOs and others, including relevant professional networks, to use this checklist to identify eligible candidates for the upcoming vacancy for the Special Rapporteur on the situation of human rights defenders. We urge Governments to consult civil society and to disseminate the vacancy widely, eg. through media advertisement, so as to encourage candidates to apply for this vacancy. Prospective mandate holders should be aware that this is a voluntary, unpaid role. They would not receive salary or other financial compensation, except for travel expenses and daily subsistence allowance of ‘experts on mission’. It will require a substantial time commitment from the individual, including readiness to travel and respond to urgent situations, as explained in the checklist.
Checklist for selection of candidates for mandate of Special Rapporteur on the situation of human rights defenders:
FORMAL CRITERIA
According to Human Rights Council resolution 5/1, Annex, the following general criteria will be of paramount importance while nominating, selecting and appointing mandate-holders: (a) Expertise; (b) Experience in the field of the mandate; (c) Independence; (d) Impartiality; (e) Personal integrity; (f) Objectivity. Due consideration should be given to gender balance and equitable geographic representation, and to an appropriate representation of different legal systems. Eligible candidates should be highly qualified individuals who possess established competence, relevant expertise and extensive professional experience in the field of human rights (paras. 39-41).
INDEPENDENCE
According to Council Resolution 5/1, ‘individuals holding decision-making positions in Government or in any other organization or entity which may give rise to a conflict of interest with the responsibilities inherent to the mandate shall be excluded.’ At a minimum, this requires independence of prospective mandate holders from the executive of governments or from intergovernmental organisations, which may be the subject of a communication or mission within the terms of the mandate. The conflict of interest provision has also been interpreted to mean that candidates are expected to clarify how, if appointed, they would deal with any perceived or actual conflict of interest in relation to governments, inter-governmental organisations, or non-governmental organisations.
QUALIFICATIONS & EXPERTISE
In its Decision 6/102 of 27 September 2007, the Council approved technical and objective requirements for candidates eligible for special procedures mandates. The following checklist is intended as an interpretive aid for those requirements:
1. Qualifications (and skills): relevant educational qualifications or equivalent professional experience in the field of human rights.
[Checklist: A post-graduate university degree or equivalent in law, social sciences or in a discipline directly related to the mandate, preferably with a focus on international human rights law, would be highly desirable; Academic publications or other published material (articles, studies, reports, research papers or any similar written material demonstrating in-depth knowledge) addressing issues relevant to the mandate, from a human rights perspective; Excellent oral and written communication skills in at least one of the UN working languages (English, French and Spanish – knowledge of other widely-used or official UN languages, such as Arabic, Chinese or Russian, would be an asset); Extensive experience in public speaking (for example in expert seminars) and in communicating at senior levels with governments, UN officials, the business community, the media and other relevant stakeholders.]
2. Relevant expertise: knowledge of international human rights instruments and standards; knowledge of institutional mandates related to the United Nations or other international or regional organisations’ work in the area of human rights; proven work experience in the field of human rights.
[Checklist: Extensive knowledge of international human rights law and standards; Several years of progressively responsible work experience in the field of human rights or as a human rights defender, including in human rights research, monitoring, reporting, investigating and advocacy; Excellent knowledge of the international and regional legal frameworks and case law relevant to the promotion and protection of the rights of human rights defenders, including on freedom of expression, freedom of peaceful assembly and association, torture, extrajudicial, summary or arbitrary executions, and enforced or involuntary disappearances; Excellent knowledge of institutional mandates of the United Nations or other international or regional organisations in the area of human rights.]
3. Established competence: nationally, regionally or internationally recognised competence related to human rights.
[Checklist: A demonstrated commitment to universal human rights law, standards and values; Excellent knowledge and expertise of the work of human rights defenders, and the recent trends, developments and challenges they face; Experience at national, regional and/or international level in developing legislation and policy for the protection of human rights defenders and in creating an enabling environment for their work; Extensive experience with and proven commitment to working and/or interacting with civil society and in interacting with individuals whose human rights may have been violated or restricted as a result of their work of defending rights; Proven awareness of the particular risks faced by and particular protection needs of specific groups of human rights defenders, such as women human rights defenders, defenders working on sexual orientation and gender identity issues, ethnic and religious minorities, non-nationals, members of political opposition groups, people in a disadvantaged socio-economic situation, journalists and media workers and youth/children human rights defenders; Experience in interacting with actors impacting the work of human rights defenders, such as: Security forces Armed groups; and Transnational corporations and other business enterprises; Experience in the development and delivery of human rights and rule of law assistance/capacity building, including the training of law enforcement and legal professionals and other officials responsible for the protection of human rights defenders; the ability to conduct both academic and field research required, and experience in carrying out fact-finding missions.
4. Flexibility/readiness and availability of time to perform effectively the functions of the mandate and to respond to its requirements, including conducting visits, preparing reports and attending Human Rights Council and General Assembly sessions.
[Checklist: Willingness and ability to conduct in-country investigations, in all regions of the world, into government policies, legislation and practices affecting human rights defenders and their work; Energy, determination and vision to promote the effective and comprehensive implementation of the Declaration on human rights defenders; A commitment to uphold the integrity, independence and impartiality of the Special Rapporteur’s mandate and the special procedures system as a whole; Willingness and ability to devote a substantial proportion of working hours to fulfilling the mandate, which includes undertaking two to three country missions per year, preparing and presenting reports to the Human Rights Council and the General Assembly (such as the annual thematic report, and country mission and follow-up reports), attending seminars and other UN meetings and acting on individual cases of violations of the rights of human rights defenders; Willingness and ability to act urgently when cases or situations so require.
APPOINTMENT PROCEDURE
Details and formalities about the nomination, selection and appointment of mandate holders are explained on the OHCHR Web site at http://www.ohchr.org/EN/HRBodies/SP/Pages/Nominations.aspx. Applications have to be submitted through an online system.
Controversy surrounding the death of LGBT activist Eric Ohena Lembembe; Cameroon blames the victims and continues persecution
September 25, 2013
On 23 September Amy Bergquist of the Advocates for Human Rights writes in her blog: The International Justice Program doesn’t get to travel to Geneva very often, but thanks to the United Nations’ live webcasts, we can usually see and hear all the U.N.’s human rights action as it happens. On Friday morning, I was eager to watch the U.N. Human Rights Council’s consideration of the Universal Periodic Review of Cameroon. I was especially moved when one of our colleagues from the Cameroonian Foundation for AIDS (CAMFAIDS) took the floor to speak on behalf of the International Lesbian, Gay, Bisexual, Trans, and Intersex Association and recounted his July 15 discovery of his tortured and murdered colleague, Eric Ohena Lembembe, Read the rest of this entry »
Cuba to accept majority of recommendations from U.N. rights council
September 24, 2013The Global Post reported on 19 September that Cuba will accept the majority of the 292 recommendations prepared in May during the U.N. Human Rights Council’s UPR review of the situation on island. “Many of them the recommendations have already been fulfilled, they are in the process of implementation or form part of the country’s future priorities,” said the daily Juventud Rebelde. “Just a minority group of these recommendations will not be admitted, which are politically biased, constructed on false bases and are incompatible with constitutional principles and the internal juridical order,” the same newspaper said. Among the recommendations presented by several governments to Havana was the extension of an open and ongoing invitation to U.N. human rights experts, a request that the island accepted provided that the visit of those independent rapporteurs be “on a non-discriminatory basis. “Numerous countries also asked Cuba to eliminate restrictions on the rights of expression and association and to guarantee that human rights defenders and independent journalists may engage in their activities. Cuba will present its formal response to the recommendations during the U.N. Human Rights Council in Geneva.
via Cuba to accept majority of recommendations from U.N. rights council | GlobalPost.
Protecting Human Rights Defenders from Reprisals: crucial issue with timely article and side event on 24 September
September 20, 2013Philip Alston, John Norton Pomeroy Professor of Law at New York University School of Law, and former UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions wrote a piece on one of the most crucial topics facing human rights defenders at the moment and which has figured regularly in this blog: the issue of retaliation or reprisals against those HRDs who cooperate with the Un and their Rapporteurs. Read the rest of this entry »
Whistle-blowers and HRDs serve democratic principles says U.N. expert
September 19, 2013On 11 September, 2013 UPI in Geneva carried an interesting but surprisingly-little-noticed item under the title “U.N. expert says whistle-blowers serve democratic principles“: Human rights defenders and whistle-blowers need protection in order to ensure democratic and international order, a rights envoy said from Geneva. Alfred de Zayas, U.N. special envoy in equitable order, told the U.N. Human Rights Council access to “truthful and reliable” information from diverse sources is essential for people to play an effective role in public affairs. German protesters gathered last weekend for an event dubbed “Freedom Not Fear.” Tens of thousands of demonstrators turned out in Berlin to rally against the U.S. National Security Agency and Britains signals intelligence program gathering of databases of peoples email, online chat and Internet browsing histories without prior court authorization. “I am dismayed that notwithstanding lip service to democracy, too many governments seem to forget that in a democracy, it is the people who are sovereign,” de Zayas said in his prepared remarks Wednesday. NSA contractor Edward Snowden was granted temporary asylum in Moscow. He faces charges in the United States, including two espionage-related counts, for leaking information about a surveillance program dubbed Prism. De Zayas said human rights defenders and whistle-blowers deserve “specific protection” from prosecution. “[They] have in some contexts been accused of being unpatriotic, whereas they perform, in reality, a democratic service to their countries and to the enjoyment of human rights of their compatriots,” he said.
via U.N. expert says whistle-blowers serve democratic principles – UPI.com.
As asked in another blog : Are whistle blowers heroes or villains? : “Private Chelsea nee Bradley Manning, Julian Assange. Edward Snowden. They have all claimed that their actions are for the public good. The Establishment says that they are all a risk to national security. That brings up the thorny issue of Free speech v security. Were lives put at risk because of the leaks? If so, is that a price worth paying? Are they moral crusaders? Or are they recklessly endangering national security? Should we even conflate whistle blowing with security? Was national security ever really at risk? Or is that a cop-out from our leaders because they are embarrassed about what is being leaked? Then we have to ask the question – is there a difference between a corporate whistle-blower and one that works for the government? If so, why? Whistle blowers. Good or Bad? Heroes or Villains?”
Related articles
- Walking on eggshells | Are whistle-blowers heroes or heels? (tribune-democrat.com)
- Whistle-blowers need protection, U.N envoy says (upi.com)
China Detains Activists trying to reach UN
September 19, 2013While Iran has started to free some of its political prisoners, China does the opposite by detaining two prominent rights activists who were en route to Geneva ahead of a U.N. review of Beijing’s rights record. Beijing-based activist Cao Shunli was stopped at Beijing’s airport on 14 September and questioned by state security police, the overseas-based China Human Rights Defenders [CHRD] said in an emailed statement. On the same day, Guangdong rights activist Chen Jianfang was also intercepted at Guangzhou’s International Airport.The activists, who have been incommunicado since, had been en-route to Geneva to attend a training course at the invitation of a Geneva-based rights group ahead of the U.N. Human Rights Council’s Universal Periodic Review of China on 22 October. Chen, a farmer-turned-petitioner who has been repeatedly detained in illegal “black jails” and who served a 15-month term in labor camp in March 2010, said she was threatened with violence by airport police, who also tore up her plane ticket. Both women had been active in transparency campaigns around the U.N. review process, sending information requests, suing the foreign ministry, and staging demonstrations outside its gates in a bid to be included in China’s submission to the U.N. “In recent weeks, police in several Chinese cities have interrogated other activists and lawyers about the same training program and warned them about serious consequences,” CHRD said.
(Reported by Wei Ling for RFA’s Cantonese Service, and by Xin Yu for the Mandarin Service. Translated and written in English by Luisetta Mudie).
via RFA’s China Detains Activists Over UN Campaign.
Related articles
- China continues harsh line on dissent but one jailed HRD smuggles out video (thoolen.wordpress.com)
13 NGOs urge Human Rights Council to stay focused on Sudan
September 19, 2013
(Sudanese IDPs – (c) AI private)
In a long letter to the UN Human Rights Council now in session a group of 13 NGOs urges the Council to continue monitoring Sudan. The letter has two main chapters on:
Conflicts in Darfur, Southern Kordofan, and Blue Nile, ………and
Repression of Civil and Political Rights……….
The letter ends with urging the Human Rights Council to:
- condemn the human rights violations in Darfur, Southern Kordofan and Blue Nile, as well as the government’s continued use of indiscriminate bombing in all three states, attacks on civilians, and other abuses by government forces and allied militia;
- establish an independent investigation into ongoing human rights violations in Southern Kordofan, Blue Nile, and Darfur, and report back to the Human Rights Council promptly;
- urge Sudan to grant humanitarian agencies access to Southern Kordofan and Blue Nile states, in compliance with international human rights and humanitarian law obligations;
- express concern over the continued restrictions of basic civil and political rights, and the continued harassment of critics of the government, including the practice of arbitrary detention, torture and ill-treatment, preventing meaningful public dialogue on critical issues at a time when Sudan is preparing to adopt a new constitution and for national elections in 2015;
- urge Sudan to reform its repressive National Security Act of 2010 and other laws granting immunity to officials, seriously investigate allegations of human rights violations and hold perpetrators to account;
- renew the special procedure country mandate on Sudan for at least three years under Item 4 with a clear mandate to monitor and report twice a year to the Human Rights Council and the General Assembly on violations of human rights in all parts of Sudan.
——-
Earlier on AI’s Global Blog, Khairunissa Dhala, Researcher on Sudan/South Sudan team at Amnesty International has answered her own question: “Does the human rights situation in Sudan still require a UN-mandated Independent Expert to monitor and report back on developments?” as follows: “Given Sudan’s dire human rights situation – ongoing armed conflicts in three different states, restrictions on freedoms of expression, association and assembly, including arbitrary arrest and torture of human rights defenders and activists – it is hard to imagine that there is even a question on whether this is needed. But we’ve been here before.
Two years ago, I attended the HRC’s 18th session where members of the Council reached a “compromise” on human rights monitoring in Sudan. It was a “compromise” because, while the Independent Expert’s mandate was renewed, it solely focused on providing technical assistance and capacity-building support to the national authorities. In other words, the Independent Expert would no longer be asked to monitor the human rights situation in Sudan. [….]Compromising on the Independent Expert’s mandate was seen as a concession to Sudan by the international community. A concession given to a country where widespread and systematic violations and abuses of international human rights and humanitarian law are taking place.
But there should be no compromise on human rights. Since then, the Independent Expert’s mandate has successively been renewed to provide technical assistance, while the awful human rights situation in Sudan calls for a clear need for monitoring.. Conflict remains ongoing in Southern Kordofan and Blue Nile, to the detriment of the civilian population. Over the past two years I have interviewed numerous men, women and children from these two states. They have shared harrowing accounts of how their loved ones were killed when bombs dropped by Antonov aircrafts, from high altitudes, by the Sudanese Armed Forces, landed on their homes. Coupled with ground attacks by Sudanese forces and the armed opposition group the SPLA-N, this conflict has led to more than 200,000 people fleeing to refugee camps in South Sudan and Ethiopia, in addition to the tens of thousands of internally displaced people in the two areas. The Sudanese authorities are still denying unhindered humanitarian access to all affected areas. Meanwhile, in Sudan’s Darfur state, a decade after the start of the armed conflict, the crisis is ongoing and violence has again intensified. This year alone, more than 300,000 people were forced to leave their homes behind, fleeing violent clashes between predominantly ethnic Arab groups.
Across Sudan, freedom of expression, association and assembly also remain restricted. Journalists and activists face constant harassment, arbitrary arrests, as well as torture and other forms of ill-treatment by Sudan’s National Intelligence and Security Service. Given the critical human rights situation, any compromise on the Independent Expert’s mandate is an abdication of the Human Right Council’s duty to promote and protect human rights in Sudan…..The Independent Expert should have their mandate strengthened to monitor Sudan’s human rights situation under item 4 (Human rights situations that require the Council’s attention) and report twice a year to the Council and the UN General Assembly on violations of international human rights and humanitarian law taking place anywhere in the country.”
Read more:
Why monitoring human rights in Sudan still matters | Amnestys global human rights blog.
Southeast Asian Voices of HRDs being stifled
September 12, 2013As concerns grow in Southeast Asia over the use of national security, anti-terrorist and defamation laws to limit freedom of expression on the Internet, a coalition of international and local NGOs and activists from Vietnam, Thailand and Cambodia urged governments to stop using vague legislation based on ill-defined concepts such as “national security”, “sovereignty” or “lèse-majesté” to intimidate, harass and imprison independent voices. Speaking at an event in Geneva, which coincides with the 24th session of the UN Human Rights Council, FIDH, IFEX, Article 19 and PEN International united to call for the urgent revision of these laws to bring them into line with international human rights standards. Independent and dissenting voices, including bloggers and netizens, journalists, activists and human rights defenders, have increasingly been subjected to repression in Southeast Asia.
A lot more detail in Human Rights Council : Stifled Southeast Asian Voices: NGOs Unite … – FIDH.
Hans Thoolen on Human Rights Defenders and their awards 