Posts Tagged ‘UPR’

Emirates at the UPR in Geneva: two sides of the same medal?

January 23, 2018

Sometimes it hard t believe that media have observed the same meeting. Here the case of the Emirates (UAE) which was the subject of a UPR session on 22 January 2018. The Middle East Eye says that “At UN meeting, rights groups slam UAE for arbitrary detention“, while The National sees that “UAE strategy will advance human rights in Middle East, Gargash tells UN council”.

Portrait of UAE founder Zayd Bin Sultan Nahyan at UAE’s culture exhibition at the Palace of Nations, Geneva (MEE/Amandla Thomas-Johnson)
Amandla Thomas-Johnson's picture Amandla Thomas-Johnson reports that Minister of State for Foreign Affairs Anwar Gargash strongly denied allegations that the country practises arbitrary detention. Gargash, who led a high-level delegation to a peer-review process called the Universal Periodic Review (UPR), which each UN-member state undergoes every five years. “I would like to affirm that the UAE does not arrest or detain any person arbitrarily,” he said. “A person is immediately informed of the accusations against them. Everything that takes place is in line with our laws and done with concrete safeguards against arbitrary detention and arrest.”
The remarks from the senior Emirati diplomat starkly contrasted with the opinion of four UN Special Rapporteurs – independent experts mandated to look into human rights violations – who in 2016 called on the UAE to respect the rights of several foreign nationals who were arbitrarily detained. Gargash’s comments came amid a quick-fire session held at the human rights conference room, with over 100 country-delegates given just over a minute each to speak. Rights organisations that took part in the UPR process by submitting documents detailing alleged human rights abuses, had mixed responses to the session;
  • Safwa Aissa, Executive Director of the Geneva-based International Centre for Justice and Human Rights, said of the session: “It’s not bad, but we wanted something better, especially from European countries. We had met with many countries beforehand and made them aware of the situation in the countries.”
  • Similarly, Julia Legner from Geneva-based Alkarama Foundation said: “It was slightly disappointing. I was expecting harsher criticism, given that it’s a peer review by states. It’s clear that some states will always congratulate the UAE.” “There could have been stronger comments on the total silencing of civil society, the crackdown on freedom of expression, which has reached a limit where there is no human rights defenders operating from within the UAE.” Responding to Gargash’s claim that arbitrary detention is not practised, she said: “We beg to differ and we have evidence.”
  • Toby Cadman, an international human rights barrister, said that while the UPR is “an important process,” it often has “the appearance of the Eurovision Song Contest of International Justice whereby friendly States, regional, diplomatic and trade partners pat each other on the back rather than offer constructive criticism and call for change”. “The UAE UPR was indicative of that approach today. There is a real need for fundamental reform in the UAE criminal justice and penal system.” 

David Haigh, who is bringing a legal case against UAE authorities for his arbitrary arrest and torture, criticised Gargash’s comments as untruthful. “I was arbitrarily detained for 15 months before I was charged. In the judgments against me one of the UAE courts confirmed that I had complained of arbitrary detention,” Haigh told MEE after the session. “Of course there is arbitrary detention.” Haigh, who has now established a foundation and law firm to assist others who suffer injustice in the UAE, said arbitrary detention happens “time and time again”.

 

Advancing human rights is a critical factor in ensuring stable societies and promoting development, ..The Minister of State for Foreign Affairs said that as a model nation for youth in the region, the UAE had sought to strengthen human rights and legal safeguards within the review framework overseen by the UN High Commissioner for Human Rights….In the context of a region where extremism creates division and polarisation, Mr Gargash said advancing human rights was a “powerful antidote” to pernicious forces.

“The promotion of tolerance and the rejection of extremism is fundamental to the advancement of human rights in the UAE and the wider region,” he told a packed chamber at the Palais des Nations. “Piece by piece, we have developed a comprehensive strategy to advance the cause of human rights in the UAE.” The UAE will establish a national human rights institution in line with the Paris Principles and guidance of the reporting process before the end of the year, he said. In responses to contributions from the floor, Dr Gargash said the country would also study joining additional protocols and extending invitations to special rapporteurs…

In response to allegations based on reporting about pre-trial detention, Dr Gargash said there was no detention without an arrest warrant…“The UAE is a bastion of stability where people from about 200 nationalities live peacefully in social and religious harmony. We are committed to finding the right balance between protecting our legitimate need for security and preserving our reputation as an open society.”….

He also pointed to the UAE’s role as the world’s largest donor of official development assistance as a proportion of its national income….

In its submission, the Office of the High Commissioner for Human Rights recognised considerable developments in the UAE in the past four years. “UAE’s efforts in combating trafficking are marked as a good example,” the office said. “This included the Adoption of Federal Act Law No 1 of 2015, which provides protection for victims of trafficking, and the 2012 and 2015 Amendments of Federal Law No 51 of 2006 on combating trafficking.” It also hailed the progress in raising the status of women. “The National Strategy for Empowerment of Emirati Women in the UAE for 2015-2021 … provides a framework for government, private sector and civil society organisations to establish work plans to increase women’s presence and empowerment mainly in the economic sector in the UAE.”

Anwar Gargash, UAE minister of state for foreign affairs, tours Michael Møller, Director-General of the UN Office at Geneva, around UAE culture exhibition (MEE/Amandla Thomas-Johnson)

Cultural diplomacy: Earlier in the day, Gargash had been the focus of attention as he hosted the director-general of the UN in Geneva, Michael Moller, around a new cultural exhibition the UAE had officially opened minutes before the human rights session began a floor above. Spread over two floors and including mock Bedouin tents and a photo exhibit, women took centre-stage at the UAE’s latest efforts at cultural diplomacy, with a troop of women clad in sequined abayas performing a fashion show for onlookers. But The Middle East Eye said that “UAE’s efforts at cultural diplomacy came under fire by Julia Legner, at Alkarama”:  “It’s part of the propaganda machine of the UAE, trying to portray an image of culture and tolerance and inclusion and progress. They’re using it as a chance to cover up the dark side.” 

For my earlier posts on the UAE, see: https://humanrightsdefenders.blog/tag/uae/

http://www.middleeasteye.net/news/un-meeting-uae-heavily-criticised-rights-groups-arbitrary-detention-888227605

https://www.thenational.ae/world/gcc/uae-strategy-will-advance-human-rights-in-middle-east-gargash-tells-un-council-1.697809

Job opportunities at the International Service for Human Rights

October 4, 2017

International Service for Human Rights (ISHR) announces two vacancies:

Read the rest of this entry »

Philippines shows the weakness of the UPR system: spinning only on one side

September 23, 2017

On 23 September 2017 quite a number of observers and some media responded to the ill-deserved claim by the Philippines Government that it has scored a “big victory” in the UN’s UPR (Universal Periodic Review).  The problem remains that the UN itself does not have the outreach and ‘spinning’ capacity to counter the propaganda spread, especially at the national level in the Philippines.

Seat of the United Nations Human Rights Council in Geneva. UN Brief photo

In reality it was ignoring important issues raised and rejected key recommendations made by other States. The Philippine delegation on Friday at the session in Geneva accepted only 103 out of 257 recommendations made by member-states. On Saturday, the Department of Foreign Affairs claimed the country “scored a big victory in Geneva” when the UN body “overwhelmingly adopted Manila’s human rights report card.” (Foreign Affairs Secretary Alan Peter Cayetano claimed the “adoption” of Manila’s report means that the country “has nothing to hide with its human rights record.“)  [see also: https://humanrightsdefenders.blog/2016/11/02/duterte-is-wrong-human-rights-defenders-are-beautiful/]

Adoption of the UPR outcome report, however, cover both the report by the Philippines’ and also the other states’ positions on its human rights record, which included calls to investigate killings (the final document “consists of the questions, comments and recommendations made by States to the country under review, as well as the responses by the reviewed State,” according to a UN human rights office’s brief on its website.)

While member-states welcomed the Philippines’ acceptance of some of the recommendations such as on poverty and education, many expressed concern over its decision not to take action on most of the points raised. Key recommendations merely “noted” by the Philippines—a move interpreted as a rejection by observers—include 44 related to extrajudicial killings in the Duterte government’s campaign against illegal drugs. The Philippines also snubbed recommendations relating to the protection of journalists and human rights defenders, as well as those urging it to lift conditions to allow access of the UN special rapporteur on extrajudicial killings.

“A farce”. This was how human-rights group Karapatan described the Philippine government’s supposed “victory”. Karapatan secretary general Tinay Palabay said on Saturday the Philippine government delegation to Geneva “conveniently glosses over” the fact that it did not accept a number recommendation that aimed to resolve pressing issues on human rights. The Philippine delegation, however, practically denied before the UN body the existence of extrajudicial killings in the drug war despite the increasing number of deaths of suspects without trial.

International watchdog Human Rights Watch also reminded the Philippines to cooperate as a member of the council in all of its mechanisms, such as in allowing the special rapporteur without conditions to look into cases in the Philippines.

Sources: Ignoring issues raised, Philippines claims ‘victory’ in UN review | Headlines, News, The Philippine Star | philstar.com

http://www.interaksyon.com/dedma-blues-human-rights-watch-dismayed-at-ph-rejection-of-review-recommendations/

http://globalnation.inquirer.net/160441/karapatan-downplays-ph-delegates-victory-unhrc-united-nations-unhrc-dfa-cayetano-karapatan-human-rights-group#ixzz4tUkOfpcR

Reprisals at the UN: more calls for action – no action

June 23, 2017
“The UN and States must take visible and sustained action against acts of intimidation and reprisal against those engaging or seeking to engage with the UN“, says the International Service for Human Rights (ISHR) in two reports issued on 22 June 2017.  Unfortunately, the NGO community (the main victims of the practice of reprisals) finds it difficult to come up with new ideas on how counter the trend while States continue to block the participation and input by human rights defenders. [ see: https://humanrightsdefenders.blog/2014/03/13/zero-tolerance-for-states-that-take-reprisals-against-hrds-lets-up-the-ante/and https://humanrightsdefenders.blog/tag/reprisals/]

ISHR’s latest report to the UN Secretary-General demonstrates again the need for the UN and States to act to prevent and ensure accountability for intimidation and reprisals against those cooperating or seeking to cooperate with the UN, and lays out a series of recommendations in that regard. The report documents a disturbing pattern of reprisals against human rights defenders seeking to cooperate with the UN. It includes alleged cases of travel bans in Bahrain in the context of the Universal Period Review this May; disappearances and detention of defenders and lawyers, as well as intimidation of their families in China; and restrictions imposed on NGOs in Egypt.The report welcomes recent positive steps such as the appointment of Assistant Secretary General Andrew Gilmour as the first high-level official on reprisals against those cooperating with the UN on human rights, but highlights that more needs to be done. ‘In the overwhelming majority of cases, steps taken by the State to prevent, investigate or ensure accountability for reprisals have been inadequate or non-existent, and in many States there has been a high-level of impunity’ said ISHR’s Programme Coordinator and Legal Counsel, Tess McEvoy. [see also: https://humanrightsdefenders.blog/2016/10/05/assistant-secretary-general-andrew-gilmour-appointed-as-the-uns-focal-point-to-combat-reprisals-against-human-rights-defenders/]

The primary duty to prevent and remedy reprisals lies with States. However the UN itself also has a duty to step up. ‘Where States fail to adequately investigate and ensure accountability in relation to credible allegations of intimidation and reprisals, the UN should ensure an international, independent investigation into the case‘, said McEvoy. In the report ISHR called on UN bodies to take a more proactive role in combating reprisals and intimidation, and among other things, urged:

  • The Human Rights Council President and Bureau to clearly outlines steps the Council will take on receipt of information about credible risks of reprisals.
  • Treaty bodies to fully adopt and implement the San Jose guidelines.
  • The Assistant Secretary-General to ensure that rights holders and victims are kept regularly appraised of the status of their case.

     

    On the same day ISHR published a statement to the 35th session of the Human Rights Council, ISHR calling for a stronger focus on the implementation of Universal Periodic Review recommendations and the development of processes to ensure civil society can freely engage without fear of intimidation and reprisal. ‘Civil society is not only necessary for developing recommendations, but is essential for the working towards the implementation of these recommendations. The role of civil society must therefore be protected and enhanced’, said ISHR.

    While recommendations received are often accepted at ‘Geneva level’, implementation of these recommendations on the ground remains patchy. Item 6 on the agenda of the UN Human Rights Council provides a opportunity for dialogue on implementation.

    Alleged cases of intimidation and reprisals of human rights defenders engaging or seeking to engage in the UPR have escalated. ISHR received reports of cases in Egypt, India and Venezuela in the past year. Ongoing reprisals in Bahrain  are particularly concerning, including the imposition of travel bans on 27 defenders during the 27th UPR pre-session – including Sayed Hadi Al Musawi – as well as the interrogation of Abtisam Alsayegh in relation to her UN engagement. ISHR’s statement reiterated calls for States to ask advance questions, and make recommendations about the prevention, investigation, prosecution and remediation of reprisals.

    ‘Reprisals against human rights defenders for their engagement with the UPR remain worryingly prevalent,’ said McEvoy. Given civil socity’s fundamental role in the UPR, we call on the President, Bureau and Secretariat to establish an institutionalised reprisals mechanism to prevent, investigate, remedy and promote accountability for reprisals associated with the UPR’, McEvoy continued. These calls form part of ISHR’s broader strategy to strengthen the UPR  which can be accessed here. Contact: Tess McEvoy, Programme Coordinator and Legal Counsel, and focal point for ISHR’s UPR advocacy, on: t.mcevoy@ishr.ch.

    http://www.ishr.ch/news/report-sg-un-and-states-must-do-more-prevent-and-ensure-accountability-reprisals-0

Bahrain shows again how important it is to contribute to the Secretary-General’s reprisals report

April 28, 2017

NGOs and human rights defenders have until the end of May to submit cases of reprisals to the UN Secretary-General’s report, covering the period June 2016 to May 2017. The Call for submissions to the Secretary General’s annual report on cooperation with the United Nations, its mechanisms and representatives in the field of human rights – more frequently referred to as the ‘reprisals report’ – will be made public soon. Please send your submission to reprisals@ohchr.org.  For some of my earlier posts on reprisals see: https://humanrightsdefenders.blog/tag/reprisals/

The report consists of a compilation of cases of intimidation and reprisals due to cooperation with the United Nations organisations and its specialised agencies in the field of human rights, including cases in relation to the Human Rights Council, its Universal Periodic Review and Special Procedures; Human Rights Treaty Bodies; the Office of the High Commissioner for Human Rights, its field presences and Human Rights Advisers; United Nations Country Teams; human rights components of peacekeeping missions and other parts of the Secretariat or specialized agencies working in the field of human rights.

When submitting cases please ensure consent has been obtained from the alleged victim or his/her family and this is clearly indicated in your email; meaning 1) the victim or his/her family has been informed and has understood the possible security risks, and 2) the victim or his/her family has agreed to have his/her case included in the reprisals report;   Mention is made of whether or not the alleged act of reprisal has been referred to in any official UN publication (UN report, press release, public statement, video of UN conference etc.) and, if so, the reference to this publication, including document symbol number where relevant, is provided.  The report also contains a section on follow-up. Hence information in follow-up to cases included in the 2014 (A/HRC/27/38), 2015 (A/HRC/30/29) and 2016 (A/HRC/33/19) reports is also welcome. This information could for instance concern continued acts of reprisal or indicate measures that have been taken by the relevant State to investigate or prevent future reprisals from occurring. Please note that also for follow-up information the three requirements mentioned above must be adhered to.

Bahrain shows again how important this exercise is: According to Front Line Defenders there is a clear pattern of preventing HRDs to attend to the human rights sessions: From 24 to 25 April 2017, twenty-two human rights defenders in Bahrain were interrogated by the Bahraini authorities. All defenders received police summonses on 21 April 2017 to appear before the office of the General Prosecutor. Most of the human rights defenders who were summoned for interrogation received confirmation that the Public Prosecutor has issued travel bans against them. The interrogations, which lasted on average 3 to 7 minutes, were in relation to allegations that the human rights defenders had attended an illegal gathering in Diraz village sometime between 2016 and 2017. Ebtisam Al-Saegh and Hussain Radhi were among the twenty-two human rights defenders who were summoned, interrogated and later received confirmation that they were subject to a travel ban. In a separate case on 20 April 2017, Sharaf Al-Mousawi was prevented from traveling to attend a meeting on development in Lebanon. The  interrogations precede the upcoming Universal Periodic Review (UPR) session which will take place in Geneva, Switzerland, on 1 May 2017. 

 Ebtisam Al-Saegh   is a Bahraini human rights defender who works for the organisation Salam for Human Rights and Democracy. Hussain Radhi   is a human rights defender who works for the Bahrain Center for Human Rights (BCHR) and Sharaf Al-Mousawi   is President of the Bahrain Transparency Society, a non-governmental organisation  promoting transparency and the elimination of corruption in Bahrain. The organisation is also a partner organisation of Transparency International.

 On 25 April 2017, the Public Prosecution interrogated Hussain Radhi after he received a summons on 21 April 2017 by the Bahraini security forces. He was interrogated for three or four minutes and accused of participating in an illegal gathering; allegations which he denies. While returning from a trip on 20 April 2017, Hussain Radhi  was informed upon his arrival at the airport in Bahrain that on 14 April 2017, a travel ban had been issued against him by the Public Prosecution. 

 Twenty-one other human rights defenders faced the same situation between 21 and 25 April 2017. On 24 April, Ebtisam Al-Saegh was also interrogated for three minutes after waiting for a couple of hours at the office of the Public Prosecutor. A Police force made up of six vehicles came to her home on 21 April and delivered a summons for interrogation at the Public Prosecutor’s office. The human rights defender then inquired with  the Bahraini Immigration and Visas Office about her ability to travel and was informed that she faced a travel ban by order of the Public Prosecutor. Among the other human rights defenders who were  interrogated, and informed that they are banned from travel, are Abdulnabi Al-Ekri , Mohammad Al-Tajer , Enas Oun , Rula Al-Safar , Jalila Al-Salman , Zainab Al-Khamis , and Ahmed Al-Saffar . All 22 human rights defenders were accused of participating in illegal gatherings between October 2016 and January 2017 in the village of Diraz. All denied the charges and several noted that it would be impossible for them to even enter Diraz as it is blocked by checkpoints manned by security forces. The human rights defenders seem to believe that the summonses and interrogations were used to justify the travel bans  ahead of the upcoming UPR session in Geneva, Switzerland, in an attempt to deter their legitimate and peaceful work to protect and promote human rights in Bahrain and participate in international human rights mechanisms as is their right. 

In November 2016 <https://www.frontlinedefenders.org/en/case/ebtisam-al-saegh-summoned-interrogation&gt; , several human rights defenders, including Ebtisam Al-Saegh and Hussain Al-Radhi, were interrogated and prevented from traveling ahead of that month’s Human Rights Council session.

See also: http://www.omct.org/human-rights-defenders/urgent-interventions/bahrain/2017/04/d24314/ which contains a Joint appeal (of 25 April 2017) signed by 60 organisations around the world to release human rights defenders Nabeel Rajab and Abdulhadi Al-Khawaja who both require adequate medical care.

Source: Call for contributions to Secretary-General’s reprisals report | ISHR

Backsliding on civic space in democracies – important side event on 3 March in Geneva

March 2, 2017

One of the side events in Geneva during the UN Human Rights Council that is of special importance for human rights defenders is held tomorrow, 3 March 2017, from 13:00 – 14:00, in Room XXI, Palais Des Nations, Geneva.

Across the world, well-established principles and standards fundamental to maintaining a safe and enabling environment for civil society are being questioned and threatened in mature and consolidated democracies. In both the global North and global South, governments with vibrant civil societies and constitutional and historical commitments based on their struggles for democracy and freedom are adopting increasingly hostile and corrosive policies and practices to suppress independent civil society voices. The event will provide an opportunity for the UN Special Rapporteur on human rights defenders and civil society leaders to reflect on the global climate for civil society operating in mature democracies and articulate key measures these states must take to ensure an enabling environment for civil society and human rights defenders both at home and at the UN Human Rights Council. In advance of their examination under the Universal Periodic Review in May 2017, the event will also bring together civil society leaders from India, Brazil, Poland, and South Africa to examine state backsliding on civic space norms.[see also: https://humanrightsdefenders.blog/2017/02/24/2017-10-need-to-reset-for-h…]

Panelists:

  • Michel Forst, UN Special Rapporteur on the situation of human rights defenders
  • Camila Asano, Conectas – Brazil
  • Henri Tiphagne, Human Rights Defenders Association – India
  • Maciej Kozłowski, Committee for the Defence of Democracy (KOD) – Poland
  • Corlett Letlojane, HURISA- South Africa

Moderator: Mandeep Tiwana, Head of Policy and Research, CIVICUS

The event is co-sponsored by key international NGOs: –Amnesty International, CIVICUS, Asian Forum for Human Rights and Development (FORUM-ASIA), International Society for Human Rights (ISHR), Human Rights Watch (HRW), Human Rights Defenders Alert India (HRDA), The Observatory for the Protection of Human Rights Defenders (OBS)

https://www.forum-asia.org/?p=23168

34th Human Rights Council: ISHR guide to key issues for human rights defenders

February 24, 2017

A preview of what to look out for at the upcoming session of the UN Human Rights Council from 27 February – 24 March 2017. This selection of what is most relevant to human rights defenders is based on the excellent overview provided by the International Service for Human Rights (ISHR): Read the rest of this entry »

Profile of human rights defender Tuisina Ymania Brown, a Fa’afafine from Samoa

June 2, 2016

Samoa does not figure often in this blog. So, courtesy of the International Service for Human Rights (Monitor 2 May 2016), here is the profile of Tuisina Ymania Brown of the Samoa Fa’afafine Association which represents and promotes the rights of indigenous lesbian, gay, bisexual, transgender and intersex (LGBTI) people in Samoa.  Read the rest of this entry »

Showing of the film The Opposition about land rights in Papua New Guinea cancelled until further notice

April 14, 2016

As feared (see https://thoolen.wordpress.com/2016/04/12/controversial-film-opposition-geneva-australian-court-papua-new-guinea-joe-moses/) the showing of the documentary film

 ,which was planned for 19 April in Geneva, had to be cancelled until further notice due to the controversy it has created including a court case.ISHR-logo-colour-high

Controversial film ‘The Opposition’ to be shown in Geneva on19 April but Australian court to rule on 14 April

April 12, 2016

In the lead up to the Universal Periodic Review of Papua New Guinea, two NGOs – the International Service for Human Rights and Media Stockade -organise an exclusive screening of the documentary film ‘The Opposition’ and discussion with director Hollie Fifer and Dr Kristian Lasslet from International State Crimes Initiative. The Opposition asks how we can ethically build sustainable business in developing countries. In a David-and-Goliath battle over a slice of Papua New Guinea’s paradise, Joe Moses, leader of the Paga Hill Settlement, struggles to save his 3,000 people before they are evicted. Battling it out in the courts, Joe may find his community replaced with an international five-star hotel and marina. In a recent twist, production company Media Stockade and director Hollie Fifer have been hit with a legal suit over the upcoming release of the film. On Thursday 14 April, a judge in the New South Wales Supreme Court in Sydney, Australia will decide if the case will go to trial. At stake is whether the film will be able to be released or not. Media Stockade stands its director who has conducted a piece of legitimate investigative reporting in the public interest.

The screening takes place on 19 April 2016 at 15h30 in the Rue de Varembé 1, ground floor, Geneva. Please note this event is a private screening and is by invitation only (and places are strictly limited). If you want to be invited you have to contact the organizers before Friday 15 April.

Source: Film Screening: ‘The Opposition’, Tuesday 19 April, 3.30pm