Posts Tagged ‘Venezuela’

#EndReprisals campaign continues throughout HRC 51

September 20, 2022

Human rights defenders promote dignity, fairness, peace and justice in their homes, workplaces, communities and countries. They challenge governments that fail to respect and protect their people, corporations that degrade and destroy the environment, and institutions that perpetuate privilege and patriarchy. For many, the United Nations (UN) is the last arena in which they can confront abuses. 

Human rights defenders must be able to share crucial information and perspectives with the UN safely and unhindered. Yet some States try to escape international scrutiny by raising obstacles – such as intimidation and reprisals – aimed at creating fear and systematically hindering defenders’ access to and cooperation with human rights mechanisms. See my post of today: https://humanrightsdefenders.blog/2022/09/20/human-rights-defenders-at-the-51st-session-of-the-un-human-rights-council/

This needs to change! Join the campaign of the International Service for Human Rights today so human rights defenders have a seat at the UN table.

What can you do? ISHR and partners have worked to support individual defenders and organisations that have endured multiple forms of reprisals and intimidation. Take action for them now and help #EndReprisals!

Here are two quick, impactful actions you can take:

Write to State representatives at the UN and urge them to take up cases from Belarus, Burundi, China, Egypt, and Venezuela
Click to tweet a message in solidarity with the individuals or groups described in a specific case:

 Tweet for Viasna in Belarus

Tweet for human rights lawyers in Burundi

Tweet for Jiang Tianyong in China

Tweet for Ibrahim Metwally Hegazy in Egypt

Tweet for NGOs in Venezuela

Join the campaign

50th session Human Rights Council: issues directly affecting Human Rights Defenders

June 22, 2022

A bit belatedly this overview for the 50th session:

The 50th session of the UN Human Rights Council, from 13 June to 8 July 2022, will consider issues including sexual orientation and gender identity, violence and discrimination against women and girls, poverty, peaceful assembly and association, and freedom of expression, among others. It will also present an opportunity to address grave human rights situations including in Afghanistan, Belarus, China, Eritrea, Israel and OPT, Russia, Sudan, Syria and Venezuela, among many others. With “HRC50 | Key issues on agenda of June 2022 session” the ISHR provided again its indispensable guide. Here’s an overview of some of the key issues on the agenda that are the most relevant to HRDs [see also: https://humanrightsdefenders.blog/2022/02/21/guide-to-49th-session-of-human-rights-council-with-human-rights-defenders-focus/ and https://humanrightsdefenders.blog/2022/04/15/results-49th-session-human-rights-council-as-seen-by-ngos/

Thematic areas of interest

Here are some highlights of the session’s thematic discussions

Business and human rights

Despite their vital work to protect the environment and combat climate change, Indigenous peoples as well as land and environmental defenders continue to be attacked. New data shows an alarming pattern of violence and harassment as a precursor to lethal attacks against defenders. 

In 2020, Global Witness registered the killings of 137 land and environmental defenders in just five of the most dangerous countries for them: Colombia, Guatemala, Kenya, Mexico and the Philippines. However, a new dataset from the ALLIED Data Working Group, a coalition in which ISHR takes part, focused on these countries has for the first time documented what is often hidden – the non-lethal attacks, including threats, harassment, smear campaigns and stigmatisation that are a precursor to the shocking number of deaths we see each year.

The findings highlight the urgent need for States to monitor, collect data, report on the situation of these defenders, and address the root causes of attacks against them. ISHR urges all States to make a commitment to the systematic monitoring of attacks on indigenous, land and environmental defenders in their countries, and to take stronger action, together with civil society and relevant UN Special Procedures, to address the root causes of attacks in the debate with the Working Group due to take place on 21 June 2022. 

Reprisals

Reports of cases of intimidation and reprisal against those cooperating or seeking to cooperate with the UN not only continue, but grow. Intimidation and reprisals violate the rights of the individuals concerned, they constitute violations of international human rights law, and they undermine the UN human rights system.

The UN has taken action towards addressing this critical issue, including:

  • Requesting that the Secretary General prepare an annual report on cases and trends of reprisals;
  • Establishing a dedicated dialogue under item 5 to take place every September;
  • Affirmation by the Council of the particular responsibilities of its Members, President and Vice-Presidents to investigate and promote accountability for reprisals and intimidation; and
  • The appointment of the UN Assistant Secretary General on Human Rights as the Senior Official on addressing reprisals.

Despite this, ISHR remains deeply concerned about reprisals against civil society actors who try to engage with UN mechanisms, and consistent in its calls for all States and the Council to do more to address the situation.

During the 48th session, the Council adopted a resolution on reprisals. The text was adopted by consensus for the first time since 2009 and invites the UN Secretary General to submit his annual report on reprisals and intimidation to the UN General Assembly. Once again the resolution listed key trends, including that acts of intimidation and reprisals can signal patterns, increasing self-censorship, and the use of national security arguments and counter-terrorism strategies by States as justification for blocking access to the UN. The resolution also acknowledged the specific risks to individuals in vulnerable situations or belonging to marginalised groups, and called on the UN to implement gender-responsive policies to end reprisals. The Council called on States to combat impunity by conducting prompt, impartial and independent investigations and ensuring accountability for all acts of intimidation or reprisal, both online and offline, by condemning all such acts publicly, providing access to effective remedies for victims, and preventing any recurrence.

Item 5 of the Human Rights Council’s agenda provides a key opportunity for States to raise concerns about specific cases of reprisals, and for governments involved in existing cases to provide an update to the Council on any investigation or action taken toward accountability. The President should also update the Council on actions taken by the President and Bureau to follow up on cases and promote accountability under this item.

Due to the lack of a general debate under item 5 at HRC 50, ISHR encourages States to raise concerns about specific cases of reprisals during the interactive dialogues on the relevant countries on the agenda at this session or in the context of thematic interactive dialogues where relevant.

During the organisational meeting held on 30 May, the President of the Council stressed the importance of ensuring the safety of those participating in the Council’s work, and the obligation of States to prevent intimidation or reprisals.

In line with previous calls, ISHR expects the President of the Human Rights Council to publicly identify and denounce specific instances of reprisals by issuing formal statements, conducting press-briefings, corresponding directly with the State concerned, publicly releasing such correspondence with States involved, and insisting on undertakings from the State concerned to investigate, hold perpetrators accountable and report back to the Council on action taken.

Sexual orientation and gender identity

The mandate of the Independent Expert on violence and discrimination on the basis of sexual orientation and gender identity is up for renewal for the second time at this session. We will be following this closely and call on all States to support the mandate and contribute to the Council’s efforts to combat violence and discrimination on the basis of sexual orientation and gender identity.

Other thematic reports

At this 50th session, the Council will discuss a range of civil, political, economic, social and cultural rights through dedicated debates with the mandate holders and the High Commissioner, including interactive dialogues with:

  • The Special rapporteur on the rights to freedom of peaceful assembly and of association
  • The Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
  • The Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
  • The Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
  • The Special Rapporteur on the right to education
  • The Independent Expert on human rights and international solidarity
  • The Special Rapporteur on extrajudicial, summary of arbitrary executions
  • The Special Rapporteur on extreme poverty and human rights
  • The Special Rapporteur on promotion and protection of human rights in the context of climate change
  • The Working Group on the issue of human rights and transnational corporations and other business enterprises
  • The Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance
  • The High Commissioner on State responses to pandemics 

In addition, the Council will hold dedicated debates on the rights of specific groups including;

  • The Special Rapporteur on the rights of internally displaced persons
  • The Working Group on discrimination against women and girls
  • The Special Rapporteur on violence against women and girls, its causes and consequences
  • The Special Rapporteur on the human rights of migrants
  • The Special Rapporteur on trafficking in persons, especially women and children
  • The Special Rapporteur on the elimination of discrimination against persons affected by leprosy and their family members
  • The Special Rapporteur on independence of judges and lawyers

Country-specific developments

Afghanistan

Together with WHRDs from the country and civil society organisations from all regions, ISHR calls on States to lead and support an Urgent Debate at HRC50 on women’s rights in Afghanistan.

Since August 2021, when the Taliban took control of the country, there has been an enormous deterioration in the recognition and protection of the rights of women and girls in Afghanistan, including with respect to the rights to non-discrimination, education, work, public participation, health, and sexual and reproductive health. The Taliban has also imposed sweeping restrictions on the rights to freedom of expression, association, assembly and movement for women and girls. Afghanistan is now the only country in the world to expressly prohibit girls’ education.

The world’s worst women’s rights crisis demands a response and it would be unacceptable for the June session of the HRC, traditionally the session focused on gender-related issues, to pass without some meaningful action on the issue. I

The Council will hold an interactive dialogue with the High Commissioner on the update on Afghanistan on 15 June 2022. 

China 

The High Commissioner’s visit to China failed to adequately address widespread and systematic violations in the country, express solidarity with victims and defenders, or pave the way for meaningful monitoring of China’s human rights crisis across the Uyghur and Tibetan regions, Hong Kong and mainland China. The High Commissioner’s end of mission statement failed to address strong, specific concerns or make substantive, concrete recommendations to the governmen. The broad concerns issued in a light language do not match the scope and gravity of human rights violations across the country that have been thoroughly documented by UN experts and civil society and that could amount to crimes against humanity and genocide.

States should call on the High Commissioner to immediately publish her OHCHR report on the Uyghur region, with clear, compelling recommendations to the government, and present her findings in a briefing to the Human Rights Council. The High Commissioner should also ensure that the established annual meeting and working group for dialogue with the authorities are of public nature, include specific substantive recommendations to the government, and involve substantial consultation with a diverse set of independent civil society groups. China should also follow suit on promises for subsequent visits by the OHCHR by granting prompt unfettered access to Hong Kong and the Tibetan region. See also: https://humanrightsdefenders.blog/2022/06/09/disappointment-with-un-high-commissioners-visit-to-xinjiang-boils-over/

Burundi

The Commission of Inquiry on Burundi (CoI) concluded its work at the 48th HRC session in October 2021 while a new resolution establishing a mandate of UN Special Rapporteur on Burundi was adopted, resolution 48/16. The resolution tasks the mandate with monitoring the human rights situation in the country, making recommendations for its imp­ro­ve­ment, and re­por­ting to the Human Rights Council. During the 50th HRC session, the newly nominated Special Rapporteur on Burundi will present their first oral update on 29 June 2022.

Egypt

Notwithstanding the launch of a national human rights strategy, the fundamental purpose of which is to deflect international scrutiny rather than advance human rights, there has been no significant improvement in the human rights situation in Egypt since the joint statement delivered by States in March 2021 at HRC46. Emblematic recent examples include: Ayman Hadhoud’s death in the custody of Egyptian security forces following his enforced disappearance over two months ago and the execution of seven people in Egypt on 8 and 10 March 2022 following trials in which the defendants were forcibly disappeared, tortured, and denied their right to a lawyer.

In response to the Egyptian President’s announcement of “reactivating the work of the Presidential Pardon Committee” on 26 April 2022, Egyptian human rights organisations submitted a proposal for a fair and transparent process to release political prisoners in Egypt. Yet, recent harsh sentences in unfair trials against peaceful critics demonstrate further the lack of political will of the Egyptian authorities to address the crisis of arbitrary detention in Egypt. ISHR joined more than 100 NGOs from around the world in urging the HRC to create a monitoring and reporting mechanism on the ever-deteriorating human rights situation in Egypt. 

Israel and oPT

This session, the COI on the oPt and Israel established in 2021 will present its first report to the HRC. Civil society from around the world had welcomed the historic resolution establishing the standing Commission of Inquiry to address Israel’s latest and ongoing violations against the Palestinian people on both sides of the Green Line, while also addressing the root causes of Israel’s settler colonialism and apartheid. The interactive dialogue with the CoI comes in the context of mounting recognition of Israel’s establishment and maintenance of an apartheid regime by Israel over the Palestinian people as a whole. During HRC49, the SR on the oPT called on the international community to accept and adopt his findings as well as the “findings by Palestinian, Israeli and international human rights organisations that apartheid is being practised by Israel in the occupied Palestinian territory and beyond.” In its 2019 concluding observations, the Committee on the Elimination of Racial Discrimination found that Israel’s policies violated Article 3 of ICERD pertaining to segregation and apartheid on both sides of the Green Line. In 2022, the Human Rights Committee concluding observations on Israel emphasized the “pre-existing systematic and structural discrimination against non-Jews”.

While some States continue to seek to undermine the mandate of the CoI and effective accountability mechanisms to put an end to Israel’s apartheid regime, CSOs support the CoI’s methodological approach to fulfill its vital mandate. We call on States to engage with the substance of the mandate of the CoI during the interactive dialogue, express support for this important accountability mechanism and ensure it has sufficient resources to discharge its mandate.

Russia 

Together with a coalition of international and regional NGOs, as well as numerous Russian civil society organisations, ISHR urges the Council to establish an independent international monitoring and reporting mechanism on Russia. In the context of the systematic repression of civil society organisations, severe restrictions on press freedoms and independent media, severe restrictions and criminalisation of many forms of free expression, association, assembly and peaceful protest, and the propagation of huge volumes of misinformation, a Special Rapporteur is necessary to ensure that the international community receives vital information about the human rights situation on the ground. 

Sudan

The Council will hold a debate with the High Commissioner and Expert on Sudan on 15 June 2022.

The Sudanese Women Rights Action documented from March to April 2022 the violations against women protesters, including arrests, injuries, and sexual violence. Their report also highlighted the economic and humanitarian situation in conflict areas and in the country in general. The report shows that “the coup leaders are using increasing violence against women protesters, including arrests, fabricated charges, direct lethal violence in protests, and sexual violence. The civic space is shrinking across Sudan, where human rights groups and WHRDs are not able to work freely and safely. Surveillance on internet, communication, movement, and offices of many groups led them to work from underground. The economic conditions and the fragile political situation is increasing women insecurity, as the peace process failed to end violence conflict areas. Women in Sudan are living in constant fear of violence with growing threats of the collapse of the state.”

In light of this context, ISHR urges all States to support the adoption of a resolution that ensures continued attention to Sudan’s human rights situation through enhanced interactive dia­logues at the Council’s 52nd and 53rd regular sessions. While the Expert’s mandate is ongoing, a resolution is required for the Council to hold public de­bates and continue to formally discuss the situation. A resolution at the Council’s 50th session would ope­ra­tio­nalise resolution S-32/1, which in its operative paragraph 19 called upon “the High Commis­sioner and the designated Expert to monitor human rights violations and abu­ses and to continue to bring information thereon to the attention of the Human Rights Council, and to advise on the further steps that may be needed if the situation continues to deteriorate.”

Venezuela

On 29 June, the Council will hold an interactive dialogue with the High Commissioner on her report on the situation of human rights in Venezuela. The Council requested her to provide in this report a detailed assessment of the implementation of the recommendations made in her previous reports. Implementation of recommendations and improvements in the human rights situation on the ground remains a critical question as HRC mandates for OHCHR and the international investigative body for Venezuela expire in September. Venezuelan civil society groups continue to show evidence of a lack of any substantive human rights reform in the country, of a lack of meaningful cooperation by the State and – in fact – of regression in key areas such as judicial independence and civic space. ISHR urges States at the upcoming session to express support for the work of OHCHR in the country, and encourage the Office to speak clearly to realities on the ground. In addition, States should signal their support for the continuance of the work of the HRC’s fact-finding mission to the country through an extension of the Mission’s mandate at HRC51. 

The adoption of the report of the third cycle UPR on Venezuela will also take place on the 29 June or 1 July.  

Other country situations

The Council will hold an interactive dialogue on the High Commissioner’s annual report on 14 June 2022. The Council will hold debates on and is expected to consider resolutions addressing a range of country situations, in some instances involving the renewal of the relevant expert mandates. These include:

  • Interactive Dialogue with the Special Rapporteur on Eritrea
  • Interactive Dialogues with the High Commissioner and Special Rapporteur on Myanmar
  • Interactive Dialogue with the High Commissioner on Nicaragua
  • Interactive Dialogues with the High Commissioner on Ukraine
  • Interactive Dialogue with the Commission of Inquiry on Syria
  • Interactive Dialogue with the International commission of Human Rights Experts on Ethiopia 
  • Interactive Dialogue with the Special Rapporteur on Belarus
  • Interactive Dialogue with the Independent Fact-Finding Mission on Libya
  • Interactive Dialogue with the Independent Expert on Central African Republic 

Council programme, appointments and resolutions

The President of the Human Rights Council will propose candidates for the following mandates: 

  1. Special Rapporteur on freedom of religion or belief
  2. Special Rapporteur on the right to education
  3. Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea
  4. Working Group on the issue of human rights and transnational corporations and other business enterprises, member from African States
  5. Expert Mechanism on the Right to Development, member from Latin American and Caribbean States
  6. Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
  7. Working Group on Enforced or Involuntary Disappearances, member from Eastern European States
  8. Working Group on the issue of human rights and transnational corporations and other business enterprises, member from Western European and other States

Resolutions to be presented to the Council’s 50th session

At the organizational meeting on 30 May the following resolutions were announced (States leading the resolution in brackets):

  1. Elimination of discrimination against women (Mexico), mandate renewal 
  2. Freedom of expression (Brazil, Canada, Fiji, Sweden, Namibia, Netherlands) 
  3. Elimination of female genital mutilation (Africa Group)
  4. Rights to freedom of peaceful assembly and of association (Czech Republic, Indonesia, Lithuania, Maldives, Mexico), mandate renewal 
  5. Human rights situation in Sudan (United Kingdom, Germany, Norway, United States)
  6. Human rights situation in Syria (Germany, France, Italy, Jordan, Kuwait, Netherlands, Qatar, Turkey, United States, United Kingdom)
  7. Mandate of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity  (Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico, Uruguay), mandate renewal 
  8. Casualty recording and the promotion and protection of human rights (Liechtenstein, Croatia, Costa Rica, Sierra Leone) 
  9. Human rights and climate change (Bangladesh, Philippines, Viet Nam)
  10. Access to medicines and vaccines in the context of the right of everyone to the enjoyment of the highest attainable standard of physical and mental health (Brazil, China, Egypt, India, Indonesia, Senegal, South Africa, Thailand)
  11. Enhancement of international cooperation in the field of human rights (NAM)
  12. Independence and impartiality of the judiciary, jurors and assessors, and the independence of lawyers (Hungary, Australia, Botswana, Maldives, Mexico, Thailand)
  13. Human rights and the regulation of civilian acquisition, possession and use of firearms (Ecuador, Peru)
  14. Human rights in Belarus, mandate renewal (European Union)
  15. Human rights in Eritrea, mandate renewal (European Union) 
  16. The promotion and protection of human rights in the context of peaceful protest (Switzerland, Costa Rica)
  17. Situation of human rights of Rohingya Muslims and other minorities in Myanmar (OIC) 
  18. Accelerating efforts to eliminate all forms of violence against women (Canada), mandate renewal 
  19. Mandate of the Special Rapporteur on the human rights of internally displaced persons (Austria, Honduras, Uganda), mandate renewal
  20. Human rights and international solidarity (Cuba)
  21. Social Forum (Cuba)

Read the calendar here

Adoption of Universal Periodic Review (UPR) reports

During this session, the Council will adopt the UPR working group reports on Myanmar, Togo, Syrian Arab Republic, Iceland, Venezuela, Zimbabwe, Lithuania, Uganda, Timor-Leste, Republic of Moldova, South Sudan, Haiti and Sudan.

Panel discussions

During each Council session, panel discussions are held to provide member States and NGOs with opportunities to hear from subject-matter experts and raise questions. Seven panel discussions are scheduled for this upcoming session:

  1. Panel discussion on the root causes of human rights violations and abuses against Rohingya Muslims and other minorities in Myanmar 
  2. Panel discussion on menstrual hygiene management, human rights and gender equality
  3. Panel discussion on good governance in the promotion and protection of human rights during and after the COVID-19 pandemic
  4. Annual full-day discussion on the human rights of women
  5. Panel discussion on the adverse impact of climate change on the full and effective enjoyment of human rights by people in vulnerable situations
  6. High-level panel discussion on countering the negative impact of disinformation on the enjoyment and realization of human rights
  7. Annual thematic panel discussion on technical cooperation and capacity-building

Stay up-to-date: Follow @ISHRglobal and #HRC50 on Twitter, and look out for its Human Rights Council Monitor. During the session, follow the live-updated programme of work on Sched. 

https://ishr.ch/latest-updates/hrc50-key-issues-on-agenda-of-june-2022-session/

Guide to 49th session of Human Rights Council – with human rights defenders focus

February 21, 2022

The 49th session of the UN Human Rights Council, from 28 February – 1 April 2022, will consider issues including the protection of human rights defenders, freedom of religion or belief, protection and promotion of human rights while countering terrorism, the right to food and adequate housing, among others. It will also present an opportunity to address grave human rights situations in States including Nicaragua, Venezuela, China, Syria, South Sudan, Sri Lanka, Iran, the Democratic People’s Republic of Korea, Myanmar, Eritrea, among many others. Here’s an overview of some of the key issues on the agenda. The ISHR has issued again its excellent Guide to the upcoming session and I have extracted from it the issues most directly related to human rights defenders:

Protection of human rights defenders

On 11 March 2022, the UN Special Rapporteur will present her report on the work of human rights defenders to address corruption. At the 49th session of the HRC, Norway will present a thematic resolution on human rights defenders in conflict and post-conflict situations. A group of NGOs have produced a list of 25 recommendations related to key concerns that should be addressed in the resolution. These include recommendations related to the removal of legislation that impinges upon the ability of defenders to do their work, including counter-terrorism legislation; the development of protection measures that take into account the specific needs of particular groups of defenders and the precarious nature of their situation in conflict and post-conflict contexts, and specific measures to support human rights defenders in such contexts, including in regard to the provision of cloud-based solutions for storage of documentation, flexible and reliable funding and swift responses in the case of the need for relocation of human rights defenders and their families. ISHR joins these calls and to impress upon the Council the need for a strong commitment to acknowledging and taking action to protect human rights defenders working in such contexts.  In addition, we call on all UN members to monitor and report on their implementation of the resolution in a comprehensive way, sharing updates on challenges faced and progress made during relevant UN dialogues and debates.   

Reprisals

Reports of cases of intimidation and reprisal against those cooperating or seeking to cooperate with the UN not only continue, but grow. Intimidation and reprisals violate the rights of the individuals concerned, they constitute violations of international human rights law and undermine the UN human rights system.

The UN has taken some action towards addressing this critical issue including:

  • an annual report by the Secretary General;
  • a dedicated dialogue under item 5 to take place every September;
  • The appointment of the UN Assistant Secretary General on Human Rights as the Senior Official on addressing reprisals.

Despite this, ISHR remains deeply concerned about reprisals against civil society actors who try to engage with UN mechanisms, and consistent in its calls for all States and the Council to do more to address the situation. See also: https://humanrightsdefenders.blog/tag/reprisals/

During the 48th session, the Council adopted a resolution on reprisals. The text was adopted by consensus for the first time since 2009 and invites the UN Secretary General to submit his annual report on reprisals and intimidation to the UN General Assembly. Once again the resolution listed key trends including that acts of intimidation and reprisals can signal patterns, increasing self-censorship, and the use of national security arguments and counter-terrorism strategies by States as justification for blocking access to the UN. The resolution also acknowledged the specific risks to individuals in vulnerable situations or belonging to marginalised groups, and called on the UN to implement gender-responsive policies to end reprisals. The Council called on States to combat impunity by conducting prompt, impartial and independent investigations and ensuring accountability for all acts of intimidation or reprisal, both online and offline, by condemning all such acts publicly, providing access to effective remedies for victims, and preventing any recurrence.

Item 5 of the Human Rights Council’s agenda provides a key opportunity for States to raise concerns about specific cases of reprisals, and for governments involved in existing cases to provide an update to the Council on any investigation or action taken toward accountability to be carried out. The President should also update the Council on actions taken by the President and Bureau to follow up on cases and promote accountability under this item.

Other thematic debates

At this 49th session, the Council will discuss a range of topics in depth through dedicated debates with mandate holders. The debates with mandate holders include: 

  • The Special Rapporteur in the field of cultural rights 
  • The Special Rapporteur on freedom of religion or belief
  • The Special Rapporteur on torture
  • The Special Rapporteur on the right to privacy

In addition, the Council will hold dedicated debates on the rights of specific groups including the Special Rapporteur on minority issues

In addition, the Council will hold dedicated debates on interrelation of human rights and human rights thematic issues including:

  • The Special Rapporteur on the promotion and protection of human rights while countering terrorism
  • The Special Rapporteur on human rights and the environment

Country-specific developments

China: High Commissioner Bachelet has still not released her Office’s report on grave human rights violations in the Uyghur region, six months after announcing its upcoming publication, and three months since her spokesperson indicated it would only be a matter of ‘weeks’. Further delays risk entrenching the Chinese government’s sense of impunity, and will harm the credibility of, and confidence in her Office’s capacity to address grave violations, some of which could amount to atrocity crimes. States should urge the High Commissioner to promptly publish her report, and present it to the Human Rights Council as a matter of utmost priority.  This includes ensuring sustained pressure around China’s abuse of national security in discourse and law, and on the widespread and systematic use of enforced disappearance under ‘Residential Surveillance at a Designated Location’ (RSDL). See also: https://humanrightsdefenders.blog/2022/02/05/chinas-residential-surveillance-at-a-designated-location-needs-to-disappear/

Burundi: The Commission of Inquiry on Burundi (CoI) concluded its work at the 48th HRC session in October 2021 while a new resolution establishing a mandate of UN Special Rapporteur on Burundi was adopted, resolution 48/16. The resolution tasks the mandate with monitoring the human rights situation in the country, making recommendations for its imp­ro­ve­ment, and re­por­ting to the Human Rights Council. While the Spe­cial Rapporteur will be unable to continue the entirety of the investigative work carried out by the CoI, they will “collect, examine and assess” information on human rights deve­lop­ments. Ahead of HRC48 more than 40 organisations, including ISHR, urged the Council to continue its scrutiny and further work towards justice and accountability in Burundi. See also: https://humanrightsdefenders.blog/2021/07/03/germain-rukuki-burundi-human-rights-defender-out-of-jail/

The UN Human Rights Office (OHCHR) will ensure that evidence col­lec­ted by the CoI is “consolidated, preserved, accessible and usable in support of ongoing and future accountability efforts” including efforts to hold Bu­rundian officials responsible for atrocities in front of the International Criminal Court (ICC). The Burundian government should resume its engagement with the Council and grant the Special Rap­porteur, who will be appointed in March 2022, access to the country for an official visit.

France: Following an urgent call by ISHR and the Comité Adama, UN experts sent two communications to the French government on 15 and 26 November 2021 asking for measures to ensure that human rights defenders, including people of African descent, enjoy a safe environment in which to carry out their legitimate work for human rights and justice. The lack of investigation in the case of Adama Traoré’s death and the judicial harassment against his sister Assa Traoré for her activism is a sign of broader systemic racism against Black people in policing and criminal justice in France. 

ISHR urges the HRC to continue its scrutiny and calls on France to ensure a prompt, transparent, and impartial investigation into the case of Adama Traoré; end the judicial harassment of Assa Traoré for her activism; accept the requests of the UN Special Rapporteur on Racism and the Working Group on People of African Descent to visit the country; end impunity for police violence; and ensure truly free and impartial investigations into the death or injury of anyone at the hands of the police, especially people of African descent.

Egypt: The joint statement delivered by States in March 2021 at the 46th session of the HRC played a critical role in securing the conditional release of several human rights defenders and journalists arbitrarily detained throughout 2021 and 2022. Regrettably, these releases do not reflect any significant change in Egypt’s systematic attacks on civic space and human rights defenders, including arbitrary detention, torture, ill-treatment, enforced disappearances and criminalisation of the exercise of the rights to freedom of expression, association, assembly or public participation. On 3 February 2022, 175 parliamentarians from across Europe urged the HRC to establish a “long overdue monitoring and reporting mechanism on Egypt”. ISHR joined more than 100 NGOs from around the world in urging the HRC to create a monitoring and reporting mechanism on the ever-deteriorating human rights situation in Egypt. Continued, sustained and coordinated action on Egypt at the HRC is more necessary than ever. The HRC should follow up on the 2021 State joint statement and heed the calls of civil society and parliamentarians. See also: https://humanrightsdefenders.blog/2022/01/11/the-arabic-network-for-human-rights-information-has-shut-down/

Nicaragua: A year after Council resolution 46/2, civil society reporting indicates no meaningful action has been taken by Nicaragua to implement any of the Council’s recommendations to the government. Instead, it has deepened its crackdown on human rights defenders and any form of dissent, and further closed civil society space ahead of the November 2021 electoral process. The government’s absolute disregard for cooperation with international and regional mechanisms, including the treaty bodies, is an additional sign that the government does not intend to revert course on the country’s human rights crisis. ISHR, jointly with the Colectivo 18/2, urges the Human Rights Council to establish an independent mechanism to investigate grave human rights violations since April 2018 in Nicaragua, as well as their root causes. The mechanism should verify alleged grave violations, identify perpetrators, and preserve evidence, with a view to long-term accountability processesSee also my post of today: https://humanrightsdefenders.blog/2022/02/21/nicaragua-death-in-detention-and-sham-trial/

Saudi Arabia: According to ALQST’s 2021 annual report, for a short time in early 2021, intense global pressure on Saudi Arabia’s leaders to improve their dismal human rights record resulted in some minor reforms and concessions, yet, when the pressure eased, the Saudi authorities resumed their habitual pattern of abuses with renewed intensity. A number of high-profile women human rights defenders and prisoners of conscience were conditionally released, but they remain under severe restrictions which means that while they are released, they are not yet free. Saudi authorities continue to crackdown on freedom of expression and hand down lengthy prison sentences to human rights defenders. Saudi Arabia is sensitive regarding its reputation and susceptible to international pressure.

Sudan: On 5 November 2021, the Human Rights Council held a special session to address the ongoing situation in the Republic of Sudan and mandated an Expert on human rights in Sudan to monitor and report on the situation until the restoration of its civilian-led Government. The HRC must extend the reporting mandate of the Expert as the human rights situation is deteriorating. The military is closing the civic space for women’s rights groups and women human rights defenders, including by stigmatising women’s rights groups as terrorists or drug abusers. The recent arrests of women human rights defenders are part of a systemic attack against WHRDs in Sudan. The military and security forces are using social media and traditional media to defame women protesters. Women’s rights groups and WHRDs are facing a new wave of attacks that include framing charges to prolong the detention of WHRDs and defame the women’s rights movement. The military reinstated the authorities of the former regime’s security forces in December 2021 in the emergency order number 3. The new emergency order gave Sudanese security complete impunity and protection from accountability for any form of violations on duty.  Sudanese security forces have a well-documented history of sexual abuse and torture of women detainees. WHRDs in detention are at risk of maltreatment, torture, and sexual violence. 

Venezuela is back under the microscope with updates from the Office of the High Commissioner and from the Council’s fact-finding mission on the country both scheduled for 17th March. Attention on the human rights situation in the country follows hot on the heels of the Universal Periodic Review of Venezuela that took place at the end of January.  The Council session is taking place at a time that Venezuelan civil society continues facing restrictions and attacks on their work. The head of human rights organisation, Fundaredes, has now been arbitrarily detained for 224 days. The Council session is an opportunity for States to express concern about the restrictions on civil society, and to enquire about the implementation of prior recommendations made to Venezuela by both OHCHR and the Mission. Despite being a Council member, Venezuela has yet to allow the Council’s own fact-finding mission access to the country, something the Council as a whole should denounce. 

The High Commissioner will provide an oral update to the Council on 7 March. The Council will consider updates, reports on and is expected to consider resolutions addressing a range of country situations, in some instances involving the renewal of the relevant expert mandates. These include:

  • Oral update and interactive dialogue with the Special Rapporteur on Eritrea
  • Oral update and interactive dialogue with the High Commissioner on the Tigray region of Ethiopia 
  • Interactive Dialogue on the High Commissioner’s written update on Sri Lanka
  • Interactive dialogue on the High Commissioner’s report on  Nicaragua
  • Interactive dialogue on the High Commissioner’s report on Afghanistan
  • Interactive Dialogue on the High Commissioner’s report on ensuring accountability and justice in the Occupied Palestinian Territory, including East Jerusalem
  • Oral updates and interactive dialogues with the High Commissioner and fact-finding mission on Venezuela 
  • Oral update bv the High Commissioner and interactive Dialogue with the Special Rapporteur on the Democratic People’s Republic of Korea
  • Enhanced Interactive Dialogue on the OHCHR’s report on Belarus
  • Interactive Dialogue on the High Commissioner’s report, enhanced interactive dialogue on the Secretary-General’s report, and interactive dialogue on the Special Rapporteur’s report on Myanmar
  • Interactive Dialogue on the Special Rapporteur’s report on Iran
  • Interactive Dialogue on the Commission of Inquiry’s report on Syria 
  • Interactive Dialogue on the Special Rapporteur’s report on the Palestinian territories occupied since 1967
  • Interactive Dialogues on the High Commissioner’s report and Commission on Human Rights’ report on South Sudan
  • Interactive Dialogue with the High Commissioner on Ukraine
  • High-level Interactive Dialogue with the Independent Expert on Central African Republic
  • Oral updates and enhanced interactive dialogue with the High Commissioner and the team of international experts on the Democratic Republic of the Congo
  • Oral update by the Special Rapporteur on Cambodia 
  • Interactive Dialogue on the Independent Expert’s report on Mali 
  • Interactive Dialogue on the fact-finding mission’s report on Libya

Appointment of mandate holders

The President of the Human Rights Council will propose candidates for the following mandates: 

  1. Three members of the Expert Mechanism on the Rights of Indigenous Peoples (one from the Pacific, one from Central and South America and the Caribbean, and one from Central and Eastern Europe, the Russian Federation, Central Asia and Transcaucasia); 
  2. The Special Rapporteur on the promotion and protection of human rights in the context of climate change; 
  3. The Special Rapporteur on the situation of human rights in Afghanistan; 
  4. The Special Rapporteur on the situation of human rights in Burundi; 
  5. The Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967; 
  6. A member of the Working Group on Arbitrary Detention, from Western European and other States; 
  7. A member of the Working Group on Enforced or Involuntary Disappearances, from Asia-Pacific States; 
  8. A member of the Working Group on the issue of human rights and transnational corporations and other business enterprises, from Asia-Pacific States;
  9. A member of the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination, from Latin American and Caribbean States (an unforeseen vacancy that has arisen due to a resignation).

Resolutions to be presented to the Council’s 49th session

At the organisational meeting on 14 February the following resolutions were announced (States leading the resolution in brackets):

  1. Human rights of persons belonging to minorities (Austria, Mexico, Slovenia)
  2. Combating intolerance, negative stereotyping and stigmatization of, and discrimination, incitement to violence and violence against, persons based on religion or belief (Pakistan on behalf of the OIC) 
  3. Human rights situation in the Occupied Palestinian Territory, including East Jerusalem, and the obligation to ensure accountability and justice (Pakistan on behalf of the OIC) 
  4. Cultural rights (Cuba)
  5. The negative impact of unilateral coercive measures on the enjoyment of human rights (Azerbaijan on behalf of NAM)
  6. Right to work (Egypt, Greece, Indonesia, Mexico, Romania)
  7.  Situation of human rights in the Islamic Republic of Iran – mandate renewal (Iceland, Moldova, North Macedonia, UK) 
  8. Rights of the child (GRULAC and EU)
  9. Human rights defenders (Norway)
  10. Adequate housing as a component of the right to an adequate standard of living, and the right to non-discrimination in this context (Germany, Brazil, Finland, Namibia)
  11. Situation of human rights in the Syrian Arab Republic – mandate renewal (France, Germany, Italy, Jordan, Kuwait, Netherlands, Qatar, Turkey, UK, USA)
  12. Situation of human rights in South Sudan – mandate renewal (Albania, Norway, USA, UK)
  13. Mandate of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism – mandate renewal (Mexico)
  14. Prevention of genocide (Armenia)
  15. Situation of human rights in Belarus – mandate renewal (EU)
  16. Situation of human rights in the Democratic People’s Republic of Korea (DPRK)- mandate renewal (EU) 
  17. Situation of human rights in Myanmar – mandate renewal (EU)
  18. Freedom of religion or belief (EU)
  19. Technical assistance and capacity-building for Mali in the field of human rights (Africa Group)
  20. Technical assistance and capacity-building for South Sudan (Africa Group) 
  21. Role of states in countering the negative impact of disinformation on human rights (Ukraine)

During this session, the Council will adopt the UPR working group reports on Myanmar, Greece, Suriname, Samoa, Hungary, Saint Vincent and the Grenadines, Papua New Guinea, Tajikistan, United Republic of Tanzania, Eswatini, Antigua and Barbuda, Trinidad and Tobago, Thailand and Ireland.

During each Council session, panel discussions are held to provide member States and NGOs with opportunities to hear from subject-matter experts and raise questions. 7 panel discussions and 1 thematic meeting are scheduled for this upcoming session:

To stay up-to-date: Follow @ISHRglobal and #HRC49 on Twitter, and look out for our Human Rights Council Monitor.

See also: https://humanrightsdefenders.blog/2021/10/19/48th-session-of-the-human-rights-council-outcomes/

https://ishr.ch/latest-updates/hrc49-key-issues-on-agenda-of-march-2022-session/

Franco-German Prize for Human Rights 2021

December 17, 2021

Germany and France honoured this year 15 people who have made outstanding contributions to the protection of human rights, campaigning for causes including women’s rights in Afghanistan, the freedom of the press in South Africa and children who are born as a result of rape in wartime.

On 10 December, international Human Rights Day, Foreign Minister Annalena Baerbock and French Foreign Minister Jean‑Yves Le Drian presented fifteen people with the Franco-German Prize for Human Rights. This award recognises the efforts of all those who work tirelessly every day to advance the causes of human rights and the rule of law. It is presented decentralised by the French and German missions in various locations around the world.

Chang Weiping a Chinese human rights lawyer.

Jake Epelle who works to combat the ongoing stigmatisation and discrimination faced by people with albinism in Nigeria.

Noelah Godfrey Msuya who promotes the rights of children and women in Tanzania.

Monika Borgmann who is a German-Lebanese documentary-maker.

Jacques Letang who is a judge and lawyer in Haiti.

Cristina Palabay from the Philippines who leads the national association Karapatan.

Alexandrine Victoire Saizonou who is an advocate for women’s and children’s rights in Benin.

Ajna Jusic from Bosnia discovered at the age of 15 that she was born as a result of rape during wartime, and since then she has advocated for others in the same situation.

Erika Lorena Aifán Dávila is a judge who has been the target of constant attacks from the authorities of Guatemala.

Nebahat Akkoc is the Managing Director of the NGO Kamer in Turkey.

The Venezuelan Education-Action Program on Human Rights or PROVEA.

Narges Mohammadi who is spokesperson and vice chairman of the Iranian organisation Defenders of Human Rights Center.

May Sabai Phyu is a Kachin activist from Myanmar/Burma.

Shaharzad Akbar is an Afghan human rights defender who campaigns in particular for the rights of women in Afghanistan.

Tabelo Timse is an investigative journalist and a member of an independent non‑profit media centre in South Africa.

https://www.auswaertiges-amt.de/en/aussenpolitik/themen/menschenrechte/franco-german-prize/2501086

Profile of Rosana Lezama Sanchez from Venezuela

October 27, 2021

The International Service for Human Rights published on 30 September 2021 “Human rights defender’s story: Rosana Lezama Sanchez from Venezuela”.

What is needed from the international community in general, and from within the UN, is a concrete, coherent and unified voice in favour of the protection of human rights defenders, the safeguard of the fundamental liberties, the civic space and human dignity,” says Rosana Lezama Sanchez, a law student in Venezuela working with three national human rights organisations.

Rosana Lezama is a law student in Venezuela working with three national human rights organisations: Centro para los Defensores y la Justicia (CDJ) / Observatorio Venezolano de Conflictividad Social (OVCS) / Centro de Derechos Humanos de la Universidad Católica Andrés Bello (CDH-UCAB). Her work includes the protection of human rights defenders, issues of transitional justice, rule of law, the right to peaceful assembly, and State repression. In this video, Rosana talks about her vision for the future and her work to achieve it.

Rosana was also a participant in ISHR’s Human Rights Defender Advocacy Programme (HRDAP) and ISHR Academy in 2021. 

https://ishr.ch/defender-stories/human-rights-defenders-story-rosana-lezama-sanchez-from-venezuela/

Human Rights Defenders issues in the 48th session of he UN Human Rights Council

September 13, 2021

The International Service for Human Rights (HRC) published again it – as usual – very useful Guide to the next (48th) Session of the UN Human Rights Council, from 13 September to 8 October 2021. Here is an overview of some of the key issues on the agenda directly affecting human rights defenders. Stay up-to-date: Follow @ISHRglobal and #HRC48 on Twitter, and look out for their Human Rights Council Monitor and during the session. [for last year’s, see: https://humanrightsdefenders.blog/2021/06/22/key-issues-affecting-hrds-in-47th-session-of-un-human-rights-council-june-2021/

Thematic areas of interest

Reprisals

On 29 September, the Assistant Secretary General Ilze Brands Kehris for Human Rights will present the Secretary General’s annual report on Cooperation with the United Nations, its representatives and mechanisms in the field of human rights (also known as ‘the Reprisals Report’) to the Council in her capacity as UN senior official on reprisals. The presentation of the report will be followed by a dedicated interactive dialogue, as mandated by the September 2017 resolution on reprisals. ISHR remains deeply concerned about reprisals against civil society actors who engage or seek to engage with UN bodies mechanisms. We continue to call for all States and the Council to do more to address the situation. The dedicated dialogue provides a key opportunity for States to raise concerns about specific cases of reprisals, and demand that Governments provide an update on any investigation or action taken toward accountability. An increasing number of States have raised concerns in recent sessions about individual cases of reprisals, including in Egypt, Nicaragua, Cuba, Saudi Arabia, Malaysia, Bahrain, Yemen, Burundi, China and Venezuela, Egypt, Burundi, Lao and China,  

During the 48th session, Ghana, Fiji, Hungary, Ireland and Uruguay will present a draft resolution on cooperation with the UN. The draft resolution aims to strengthen the responses by the UN and States to put an end to acts of intimidation and reprisals. ISHR urges all delegations to support the adoption of the draft resolution and resist any efforts to undermine and weaken it.

ISHR recently launched a study analysing 709 reprisals cases and situations documented by the UN Secretary-General between 2010 and 2020. The study examines trends and patterns in the kinds of cases documented by the UNSG, how these cases have been followed up on over time, and whether reprisal victims consider the UN’s response effective. Among other things, the study found that nearly half the countries serving on the Council have been cited for perpetrating reprisals. The study found that public advocacy and statements by high level actors condemning reprisals can be one of the most effective tools to prevent and promote accountability for reprisals, particularly when public pressure is sustained over time. The study also found that, overall, the HRC Presidency appears to have been conspicuously inactive on intimidation and reprisals, despite the overall growing numbers of cases that are reported by the UNSG – including in relation to retaliation against individuals or groups in connection with their engagement with the HRC – and despite the Presidency’s legal obligation to address such violations. The study found that the HRC Presidency took publicly reported action in only 6 percent of cases or situations where individuals or organisations had engaged with the HRC. Not only is this a particularly poor record in its own right, it also compares badly with other UN actors. [see also: https://humanrightsdefenders.blog/2021/05/06/un-action-on-reprisals-towards-greater-impact/]

In line with previous calls, ISHR expects the President of the Human Rights Council to publicly identify and denounce specific instances of reprisals by issuing formal statements, conducting press-briefings, corresponding directly with the State concerned, publicly releasing such correspondence with States involved, and insisting on undertakings from the State concerned to investigate, hold the perpetrators accountable and report back to the Council on action taken.

Environmental Justice

It’s high time the Council responds at this session to the repeated calls by diverse States and civil society to recognize the right of all to a safe, clean, healthy and sustainable environment and establish a new mandate for a Special Rapporteur on human rights and climate change. ISHR joins a broad civil society coalition in calling on all States to seize this historic opportunity to support the core-group of the resolution on human rights and environment (Costa Rica, Maldives, Morocco, Slovenia, Switzerland) as they work towards UN recognition of the right to environment so that everyone in the world, wherever they live, and without discrimination, can live in a safe, clean and sustainable environment. Furthermore, ISHR also joins a broad civil society coalition in calling on States to establish a new Special Rapporteur on climate change at this session. This new mandate is essential to strengthen a human rights-based approach to climate change, engage in country visits, undertake normative work and capacity-building, and further address the human rights impacts of climate responses, in order to support the most vulnerable. [see also the recent Global witness report: https://humanrightsdefenders.blog/2021/09/13/global-witness-2020-the-worst-year-on-record-for-environmental-human-rights-defenders/]

Other thematic reports

At this 48th session, the Council will discuss a range of civil, political, economic, social and cultural rights and issues through dedicated debates, including interactive dialogues with the:

  1. Special Rapporteur on the human rights to safe drinking water and sanitation
  2. Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights 
  3. Special Rapporteur on truth, justice, reparation and guarantees of non-recurrence
  4. Special Rapporteur on contemporary forms of slavery, including its causes and consequences 
  5. Working Group on Arbitrary Detention
  6. Working Group on Enforced or Involuntary Disappearances
  7. Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes 
  8. The Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance

In addition, the Council will hold dedicated debates on the rights of specific groups including with the:

  1. High Commissioner on the current state of play of the mainstreaming of the human rights of women and girls in conflict and post-conflict situations
  2. Special Rapporteur  on the rights of indigenous peoples and the Expert Mechanism on the Rights of Indigenous Peoples
  3. Working Group of Experts on People of African Descent 

Country-specific developments

Afghanistan

ISHR has joined 50 civil society organisations to urge UN Member States to ensure the adoption of a robust resolution to establish a Fact-Finding Mission or similar independent investigative mechanism on Afghanistan as a matter of priority at the upcoming 48th regular session of the HRC.  We expressed profound regret at the failure of the recent HRC special session on Afghanistan to deliver a credible response to the escalating human rights crisis gripping the country, falling short of the consistent calls of the Afghanistan Independent Human Rights Commission (AIHRC), the UN High Commissioner for Human Rights, Special Procedures and civil society organisations, and does not live up to the mandate of the HRC to effectively address situations of violations of human rights, including gross and systematic violations. The Council must establish a Fact-Finding Mission, or similar independent investigative mechanism, with a gender-responsive and multi-year mandate and resources to monitor and regularly report on, and to collect evidence of, human rights violations and abuses committed across the country by all parties. 

China 

It has now been three years since High Commissioner Bachelet announced concerns about the treatment of Uyghurs and other Turkic Muslims – including mass arbitrary detention, surveillance and discrimination – in the Xinjiang Uyghur Autonomous Region of China. During the intervening three years, further substantial and incontrovertible evidence has been presented indicating crimes against humanity in the region. ISHR joins a 300+ strong coalition of global civil society that continues to call for accountability for these and other violations, including in Tibet and Hong Kong, by the Chinese authorities. At this session, ISHR highlights that arbitrary detention is – as has been noted by the Special Procedures – a systemic issue in China. Chinese authorities are long overdue in taking any meaningful action in response to the experts’ concerns, such as ceasing the abuse of ‘residential surveillance in a designated location’, or RSDL. ISHR reiterates its calls from the 46th and 47th sessions for a clearly articulated plan from OHCHR to ensure public monitoring and reporting of the situation, in line with their mandate and with full engagement of civil society, regardless of the outcome of long-stalled negotiations for High Commissioner access to the country. This would be a critical first step for future, more concrete actions that would respond to demands of victims, their families and communities, and others defending human rights in the People’s Republic of China. 

Burundi

We request the Council to continue its scrutiny and pursue its work towards justice and accountability in Burundi. The Council should adopt a resolution that acknowledges that despite some improvements over the past year, the human rights situation in Burundi has not changed in a substantial or sustainable way, as all the structural issues identified by the Commission of Inquiry on Burundi (CoI) and other human rights actors have identified since 2015 remain in place. The Council should adopt an approach that focuses on continued independent documentation on the situation of human rights in Burundi which should be carried out by the CoI, or a similarly independent mechanism or team of experts, who are solely focused on Burundi. The Council’s approach should also ensure that there is follow up to the work and recommendations of the CoI, in particular, on justice and accountability. See joint letter released ahead of the UN Human Rights Council’s 48th session.

Egypt

Despite Egypt’s assurances during the UPR Working Group in 2019 that reprisals are unacceptable, since 2017, Egypt has been consistently cited in the UN Secretary General’s annual reprisals reports. The Assistant Secretary-General raised the patterns of intimidation and reprisal in the country in the 2020 reprisals report, as well as UN Special Procedures documenting violations including detention, torture and ill-treatment of defenders. In her latest communication to the Government, the Special Rapporteur on human rights defenders highlighted the arbitrary detention of 12 defenders, including three targeted for their engagement with the UN: Mohamed Al-Baqer, human rights lawyer and Director of the Adalah Centre for Rights and Freedoms, arbitrarily detained since 29 September 2019; Ibrahim Metwally, coordinator for the Association of the Families of the Disappeared in Egypt, arbitrarily detained since 10 September 2017; and Ramy Kamel, Copitic rights activist, arbitrarily detained since 23 November 2019. Both States and the HRC Presidency should publicly follow up on these cases. Furthermore, in light of Egypt’s failure to address concerns expressed by States, the High Commissioner and Special Procedures, ISHR reiterates our joint call with over 100 NGOs on the Council to establish a monitoring and reporting mechanism on Egypt and will continue to do so until there is meaningful and sustained improvement in the country’s human rights situation. 

Nicaragua

The human rights crisis in Nicaragua has steadily deteriorated since May 2021. Given the reported lack of implementation of resolution 46/2 and the absence of meaningful engagement with the UN and regional mechanisms by the Government, stepping up collective pressure has become vital. We warmly welcome the joint statement delivered by Costa Rica on behalf of a cross-regional group of 59 States on 21 June 2021. This is a positive first step in escalating multilateral pressure. Further collective action should build on this initiative and seek to demonstrate global, cross-regional concern for the human rights situation in the country. In her oral update, the High Commissioner stressed ‘as set out in [the Council’s] latest resolution, I call on this Council to urgently consider all measures within its power to strengthen the promotion and protection of human rights in Nicaragua. This includes accountability for the serious violations committed since April 2018.’ We call on all States to support a joint statement at the 48th session of the Human Rights Council, urging the Government to implement priority recommendations with a view to revert course on the ongoing human rights crisis, and indicating clear intention to escalate action should the Nicaraguan Government not take meaningful action.

Saudi Arabia

While many of the WHRDs mentioned in previous joint statements at the Council have been released from detention, severe restrictions have been imposed including travel bans, or making public statements of any kind. Most of the defenders have no social media presence. Furthermore, COVID-19 restrictions and the G20 Summit in November 2020 coincided with a slow down in prosecutions of those expressing peaceful opinions and a decline in the use of the death penalty. However, throughout 2021 the pace of violations has resumed. This has included fresh new waves of arrests of bloggers and ordinary citizens, often followed by periods of enforced disappearance, lengthy prison terms issued against human rights defenders and prisoners of conscience, and abuse in prison, including deliberate medical neglect. In addition, despite announcing the halt of the death penalty against minors, the Saudi government recently executed someone who may have been 17 at the time of the alleged offense, and the number of executions in 2021 is already more than double the total figure for 2020. Saudi Arabia has refused to address the repeated calls by UN Special Procedures and over 40 States at the Council in March 2019, September 2019 and September 2020, further demonstrating its lack of political will to genuinely improve the human rights situation and to engage constructively with the Council. ISHR reiterates its call on the Council to establish a monitoring and reporting mechanism on the human rights situation in Saudi Arabia.

Venezuela 

With the environment becoming all the more hostile for civil society organisations in Venezuela, the Council will once again focus attention on the human rights situation in the country at the upcoming session. On 24 September, the Independent International Fact-Finding Mission will provide its second report to the Council building on its findings of likely crimes against humanity committed in the country. ISHR looks forward to making an oral statement during the dialogue with the Mission. In addition, the High Commissioner will provide an oral update on the situation in the country and the work of her office in-country, on 13 September. The Special Rapporteur on Unilateral Coercive Measures will present her report following her in-person visit to the country in February 2021. Finally, it’s expected that the report of the Secretary General on reprisals will include cases related to Venezuela. During all these opportunities to engage, States should remind Venezuela of the need to implement UN recommendations; engage with UN human rights mechanisms, including the Mission; and organise visits for Special Rapporteurs already identified for prioritisation by OHCHR. 

Yemen

ISHR joined over 60 civil society organisations to use the upcoming session of the HRC to establish an international criminally-focused investigation body for Yemen, and simultaneously ensure the continuity of the Group of Eminent Experts on Yemen (GEE) through an ongoing or multi-year mandate. In their last report, “A Pandemic of Impunity in a Tortured Land”, the UN Group of Eminent International and Regional Experts on Yemen (GEE) underscored Yemen’s “acute accountability gap”, concluding that the international community “can and should” do more to “help bridge” this gap in Yemen. They recommended that the international community take measures to support criminal accountability for those responsible for serious violations of international humanitarian law and egregious human rights abuses. In particular, they supported the “establishment of a criminally focused investigation body” (similar to the mechanisms established for Syria and Myanmar) and “stressed the need to realize victims’ rights to an effective remedy (including reparations)”.  Such a mechanism would facilitate and expedite fair and independent criminal proceedings, in accordance with international law standards, and lay the groundwork for effective redress, including reparations for victims. 

Other country situations:

The High Commissioner will provide an oral update to the Council on 13 September 2021. The Council will consider updates, reports and is expected to consider resolutions addressing a range of country situations, in some instances involving the renewal of the relevant expert mandates. These include:

  • Interactive Dialogue on the High Commissioner’s written update on Myanmar, including of Rohingya Muslims and other minorities, an interactive dialogue on the report of on the Independent Investigative Mechanism, and an Interactive Dialogue with the Special Rapporteur 
  • Oral update by the High Commissioner and enhanced interactive dialogue on the Tigray region of Ethiopia
  • Enhanced Interactive Dialogue with the Commission on Human Rights in South Sudan
  • Interactive Dialogue with the Commission of Inquiry on Syria and oral update by OHCHR on the extent of civilian casualties
  • Oral update by OHCHR and interactive dialogue on Belarus
  • Oral update by the High Commissioner on the progress made in the implementation of the Council’s 30th Special Session resolution on the Occupied Palestinian Territory, including East Jerusalem, and in Israel, and presentation of the High Commissiner’s report on allocation of water resources in Occupied Palestinian Territory, including East Jerusalem
  • Interactive Dialogue with the High Commissioner on Ukraine 
  • Enhanced Interactive Dialogue with the High Commissioner on the Democratic Republic of the Congo and on the final report of the team of international experts on the situation in Kasai
  • Enhanced Interactive Dialogue on the oral update of the High Commissioner on South Sudan
  • Interactive Dialogue with the Special Rapporteur on Cambodia and presentation of the Secretary-General’s report 
  • Enhanced Interactive Dialogue on the report of the High Commissioner on Sudan
  • Interactive Dialogue with the Independent Expert on Somalia
  • Interactive Dialogue with the Independent Expert on the Central African Republic 
  • Interactive Dialogue with the Fact-finding mission on Libya
  • Presentation of the High Commissioner’s report on cooperation with Georgia 
  • Oral update by the High Commissioner on the Philippines

#HRC48 | Council programme, appointments and resolutions

During the organisational meeting for the 48th session held on 30 August the President of the Human Rights Council presented the programme of work. It includes six panel discussions. States also announced at least 20 proposed resolutions. Read here the 87 reports presented this session. 

Appointment of mandate holders

  1. The Special Rapporteur in the field of cultural rights
  2. a member of the Working Group on the issue of human rights and transnational corporations and other business enterprises from Latin American and Caribbean States; 
  3. a member of the Working Group of Experts on People of African Descent, also from Latin American and Caribbean States (an unforeseen vacancy that has arisen due to the resignation of a current member).

Resolutions to be presented to the Council’s 48th session

At the organisational meeting on 30 August the following resolutions inter alia were announced (States or groups leading the resolution in brackets):

  1. Human rights situation in Burundi (EU)
  2. Human rights and environment (Costa Rica, Maldives, Morocco, Slovenia, Switzerland) 
  3. Cooperation with the United Nations, its representatives and mechanisms in the field of human rights  (Fiji, Ghana, Hungary, Ireland, Uruguay) 
  4. Human rights situation in Yemen (Belgium, Canada, Ireland, Luxembourg, Netherlands) 
  5. Elimination of child, early and forced marriage (Argentina, Canada  Italy, Honduras, Montenegro, Poland, Sierra Leone, Switzerland, UK, Uruguay, Zambia, Netherlands) 
  6. Technical assistance and capacity-building in the field of human rights in the Democratic Republic of the Congo (African Group) 
  7. Technical assistance and capacity-building to improve human rights in Libya (African Group)
  8. From rhetoric to reality: a global call for concrete action against racism, racial discrimination, xenophobia and related intolerance (African Group)
  9. Human rights and indigenous peoples (Mexico, Guatemala)
  10. Human rights situation in Syria (France, Germany, Italy, Jordan, Kuwait, Netherlands, Qatar, Turkey, UK, USA)
  11. Advisory services and technical assistance for Cambodia – mandate renewal (Japan) 
  12. Enhancement of technical cooperation and capacity-building in the field of human rights (Thailand, Brazil, Honduras, Indonesia, Morocco, Norway, Qatar, Singapore, Turkey)
  13. Technical assistance and capacity building to Yemen (Arab Group)
  14. Equal participation in political and public affairs (Czech Republic, Botswana, indonesia, Peru, Netherlands)
  15. Right of privacy in the digital age (Germany, Brazil, Liechtenstein, Austria, Mexico) 
  16. The question of the death penalty (Belgium, Benin, Costa Rica, France, Mexico, Mongolia, Moldova, Switzerland) 

Adoption of Universal Periodic Review (UPR) reports

During this session, the Council will adopt the UPR working group reports on Myanmar, Namibia, the Niger, Mozambique, Estonia, Belgium, Paraguay, Denmark, Somalia, Palau, Solomon Islands, Seychelles, Latvia, Singapore and Sierra Leone.

Panel discussions

During each Council session, panel discussions are held to provide member States and NGOs with opportunities to hear from subject-matter experts and raise questions. Six panel discussions are scheduled for this upcoming session:

  1. Biennial panel discussion on the issue of unilateral coercive measures and human rights
  2. Annual discussion on the integration of a gender perspective throughout the work of the Human Rights Council and that of its mechanisms
  3. Annual half-day panel discussion on the rights of indigenous peoples on the theme “Situation of human rights of indigenous peoples facing the COVID-19 pandemic, with a special focus on the right to participation” (accessible to persons with disabilities)
  4. Half-day panel discussion on deepening inequalities exacerbated by the COVID-19 pandemic and their implications for the realization of human rights (accessible to persons with disabilities)
  5. High-level panel discussion on the theme “The tenth anniversary of the United Nations Declaration on Human Rights Education and Training: good practices, challenges and the way forward” (accessible to persons with disabilities
  6. Panel discussion on the promotion and protection of human rights in the context of peaceful protests, with a particular focus on achievements and contemporary challenges (accessible to persons with disabilities)

Read here ISHR’s recommendations on the the key issues that are or should be on the agenda of the UN Human Rights Council in 2021.

https://ishr.ch/

Results of 47th session of the Human Rights Council

August 7, 2021

The ISHR and 17 other organisations (see below for their names) share reflections on the key outcomes of the 47th session of the UN Human Rights Council, as well as the missed opportunities to address key issues and situations. See also: https://humanrightsdefenders.blog/2021/06/22/key-issues-affecting-hrds-in-47th-session-of-un-human-rights-council-june-2021/

CIVIL SOCIETY PARTICIPATION

We deplore the systemic underfunding of the UN human rights system and the drive for so-called efficiency, including the cancellation of general debates in June, which are a vital part of the agenda by which NGOs can address the Council without restrictions. We call for the reinstatement of general debates at all sessions, with the option of civil society participation through video statements.  We welcome the focus of the civil society space resolution on the critical role played by civil society in the COVID-19 response, and the existential threats to civil society engendered or exacerbated by the pandemic. For the resolution to fulfil its goal, States must now take action to address these threats; while we welcome the broad support indicated by a consensus text, this cannot come at the cost of initiatives that will protect and support civil society.

HUMAN RIGHTS ONLINE

We welcome a resolution on the promotion, protection and enjoyment of human rights on the Internet and its thematic focus on bridging digital divides, an issue which has become ever-important during the COVID-19 pandemic. We urge all States to implement the resolution by taking concrete measures to enhance Internet accessibility and affordability and by ceasing Internet shutdowns and other disruptions, such as website blocking and filtering and network throttling. In future iterations of the text, we encourage the core group to go further in mentioning concrete examples that could be explored by States in adopting alternative models for expanding accessibility, such as the sharing of infrastructure and community networks.  We welcome the resolution on new and emerging digital technologies and human rights, which aims to promote a greater role for human rights in technical standard-setting processes for new and emerging digital technologies, and in the policies of States and businesses. While aspects of the resolution risk perpetuating “technology solutionism”, we welcome that it places a stronger focus on the human rights impacts of new and emerging digital technologies since the previous version of the resolution, such as introducing new language reiterating the importance of respecting and promoting human rights in the conception, design, use, development, further deployment and impact assessments of such technologies.

GENDER EQUALITY AND NON-DISCRIMINATION

We are concerned by the increasing number of amendments and attempts to weaken the texts. We are particularly concerned by the continued resistance of many States to previously adopted texts and States’ willful misinterpretation of key concepts related in resolutions on human rights in the context of HIV and AIDS, accelerating efforts to eliminate all forms of violence against women and girls: preventing and responding to all forms of violence against women and girls with disabilities and preventable maternal mortality and morbidity and human rights on maternal morbidities. We deplore the instrumentalising of women’s rights and sexual and reproductive health and rights. We encourage States to center the rights of people most affected and adopt strong texts on these resolutions. We welcome the resolution on menstrual hygiene management, human rights and gender equality as the first step in addressing deep-rooted stigma and discrimination. We urge all States to address the root causes for the discrimination and stigma on menstruation and its impact.

RACIAL JUSTICE AND EQUALITY

The High Commissioner’s report highlighted the long-overdue need to confront legacies of slavery, the transatlantic trade in enslaved Africans and colonialism and to seek reparatory justice. We welcome the historic consensus decision, led by the Africa Group, to adopt a resolution mandating an independent international expert mechanism to address systemic racism and promote racial justice and equality for Africans and people of African descent. The adoption of this resolution is testament to the resilience, bravery and commitment of victims, their families, their representatives and anti-racism defenders globally. We deplore efforts by some Western States, particularly former colonial powers, to weaken the text and urge them to now cooperate fully with the mechanism to dismantle systemic racism, ensure accountability and reparations for past and present gross human rights violations against Black people, end impunity for racialized State violence and address the root causes, especially the legacies of enslavement, colonialism, and the transatlantic trade in enslaved Africans.

MIGRANTS RIGHTS

Whilst we welcome the return of a resolution on human rights of migrants, we deplore the continued failure of the Council to respond meaningfully to the severity and global scale of human rights violations at international borders including connected to pushbacks. International borders are not and must not be treated as places outside of international human rights law. Migrants are not and must not be treated as people outside of international human rights law. Expressions of deep concern in interactive dialogues must be translated into action on independent monitoring and accountability.

ARMS TRANSFERS AND HUMAN RIGHTS

We welcome the resolution on the impact of arms transfers on human rights and its focus on children and youth. However, we note with concern the resistance of the Council to meaningfully focus on legal arms transfers beyond those diverted, unregulated or illicitly transferred. The Council should be concerned with all negative human rights impacts of arms transfers, without focusing only on those stemming from diversion and unregulated or illicit trade.

CLIMATE CHANGE

We are disappointed that the resolution on human rights and climate change fails to establish a new Special Rapporteur. However, we welcome the increasing cross regional support for a new mandate. It is a matter of urgent priority for the Council to establish it this year.

COUNTRY SPECIFIC SITUATIONS

ALGERIA

While special procedures, the OHCHR and multiple States have recognized the intensifying Algerian authorities’ crackdown on freedom of association and expression, the Council failed to act to protect Algerians striving to advance human rights and democracy.

BELARUS

We welcome the renewal of the mandate of the UN Special Rapporteur on Belarus. Given the ongoing human rights crisis in Belarus, the mandate complements the OHCHR Examination in ensuring continuous monitoring of the situation, and the mandate remains an accessible and safe channel for Belarusian civil society to deliver diverse and up-to-date information from within the country.

CHINA

The Council has once again failed to respond meaningfully to grave human rights violations committed by Chinese authorities. We reiterate our call on the High Commissioner and member States to take decisive action toward accountability.

COLOMBIA

We are disappointed that few States made mention of the use of excessive force against protestors in a context of serious human rights violations, including systemic racism, and urge greater resolve in support of the right to freedom of peaceful assembly in the country and globally

ETHIOPIA

The resolution on Ethiopia’s Tigray region, albeit modest in its scope and language, ensures much-needed international scrutiny and public discussions on one of Africa’s worst human rights crises. We urge the Ethiopian government to engage ahead of HRC48.

ERITREA

We welcome the extension of the mandate of the Special Rapporteur on Eritrea, as scrutiny for violations committed at home and in Tigray is vital.

NICARAGUA

We warmly welcome the joint statement delivered by Canada on behalf of 59 States, on harassment and detention of journalists, human rights defenders, and presidential pre-candidates, urging Nicaragua to engage with the international community and take meaningful steps for free and fair elections. States should closely monitor the implementation of resolution 46/2, and send a strong collective message to Nicaragua at the 48th session of the Council, as the Council should ‘urgently consider all measures within its power’ to strengthen human rights protection in the country.

PALESTINE

We welcome the Special Rapporteur’s report that “Israeli settlements are the engine of this forever occupation, and amount to a war crime,” emphasizing that settler colonialism infringes on “the right of the indigenous population […] to be free from racial and ethnic discrimination and apartheid.” We also reiterate his recommendation to the High Commissioner “to regularly update the database of businesses involved in settlements, in accordance with Human Rights Council resolution 31/36.”

THE PHILIPPINES

While acknowledging the signing of the Joint Human Rights Programme with the UN OHCHR, the Government of the Philippines fails to address the long-standing issues on law enforcement and accountability institutions, including in the context of war on drugs. We continue to urge the Council to launch the long-overdue independent and transparent investigation on the on-going human rights violations.

SYRIA

We welcome mounting recognition for the need to establish a mechanism to reveal the fate and whereabouts of the missing in Syria, including by UN member states during the interactive dialogue on Syria, and the adoption of the resolution on Syria addressing the issue of the missing and emphasizing the centrality of victim participation, building on the momentum created by the Syrian Charter for Truth and Justice.

VENEZUELA

In the context of the recent arbitrary detention of 3 defenders from NGO Fundaredes, we welcome the denunciation by several States of persistent restrictions on civil society and again for visits of Special Rapporteurs to be accepted and accelerated.

*American Civil Liberties Union, Association for Progressive Communications, Cairo Institute for Human Rights Studies, Centro de Estudios Legales y Sociales (CELS), Center for Reproductive Rights, Child Rights Connect, CIVICUS: World Alliance for Citizen Participation, Commonwealth Human Rights Initiative, Conectas Direitos Humanos, Egyptian Initiative for Personal Rights, FIDH, Franciscans International, Human Rights House Foundation, International Bar Association’s Human Rights Institute, International Commission of Jurists, International Lesbian and Gay Association, International Service for Human Rights, US Human Rights Network

https://ishr.ch/latest-updates/hrc47-civil-society-presents-key-takeaways-from-human-rights-council/

World Press Freedom Index 2021 is out

April 24, 2021

The 2021 World Press Freedom Index compiled by Reporters Without Borders (RSF) shows that journalism, the main vaccine against disinformation, is completely or partly blocked in 73% of the 180 countries ranked by the organisation.

This year’s Index, which evaluates the press freedom situation in 180 countries and territories annually, shows that journalism, which is arguably the best vaccine against the virus of disinformation, is totally blocked or seriously impeded in 73 countries and constrained in 59 others, which together represent 73% of the countries evaluated. These countries are classified as having “very bad,” “bad” or “problematic” environments for press freedom, and are identified accordingly in black, red or orange on the World Press Freedom map. To compare with last year, see: https://humanrightsdefenders.blog/2020/04/21/2020-world-press-freedom-index-is-out/

The Index data reflect a dramatic deterioration in people’s access to information and an increase in obstacles to news coverage. The coronavirus pandemic has been used as grounds to block journalists’ access to information sources and reporting in the field. Will this access be restored when the pandemic is over? The data shows that journalists are finding it increasingly hard to investigate and report sensitive stories, especially in Asia, the Middle East and Europe.

The 2021 Edelman Trust barometer reveals a disturbing level of public mistrust of journalists, with 59% of respondents in 28 countries saying that journalists deliberately try to mislead the public by reporting information they know to be false. In reality, journalistic pluralism and rigorous reporting serve to combat disinformation and “infodemics”, including false and misleading information.

Journalism is the best vaccine against disinformation,” RSF secretary-general Christophe Deloire said. “Unfortunately, its production and distribution are too often blocked by political, economic, technological and, sometimes, even cultural factors. In response to the virality of disinformation across borders, on digital platforms and via social media, journalism provides the most effective means of ensuring  that  public debate is based on a diverse range of established facts.”

For example, President Jair Bolsonaro of Brazil (down 4 at 111th) and President Nicolás Maduro of Venezuela (down 1 at 148th) promoted medically unproven Covid-19 remedies. Their false claims were debunked by investigative journalists at media outlets such as Brazil’s Agência Pública and in-depth reporting by Venezuela’s few remaining independent publications. In Iran (down 1 at 174th), the authorities tightened their control over news coverage and stepped up trials of journalists in order to weaken the media’s ability to scrutinise the country’s Covid-19 death toll. In Egypt (166th), President Abdel Fattah Al-Sisi’s government simply banned the publication of any pandemic statistics that didn’t come from the Ministry of Health. In Zimbabwe (down 4 at 130th), the investigative reporter Hopewell Chin’ono was arrested shortly after helping to expose the overbilling practices of a medical equipment supply company.

Biggest movements in the Index

Norway is ranked first in the Index for the fifth year running even though its media have complained of a lack of access to state-held information about the pandemic. Finland maintained its position in second place while Sweden (up 1 at 3rd) recovered its third place ranking, which it had yielded to Denmark (down 1 at 4th) last year. The 2021 Index demonstrates the success of these Nordic nations’ approach towards upholding press freedom.

The World Press Freedom map has not had so few countries coloured white – indicating a country situation that is at least good if not optimal – since 2013, when the current evaluation method was adopted. This year, only 12 of the Index’s 180 countries (7%) can claim to offer a favourable environment for journalism, as opposed to 13 countries (8%) last year. The country to have been stripped of its “good” classification is Germany (down 2 at 13th). Dozens of its journalists were attacked by supporters of extremist and conspiracy theory believers  during protests against pandemic restriction….The country that fell the furthest in 2021 was Malaysia (down 18 at 119th), where the problems include a recent “anti-fake news” decree allowing the government to impose its own version of the truth. Big descents were also registered by Comoros (down 9 at 84th) and El Salvador (down 8 at 82nd), where journalists have struggled to obtain state-held information about the government’s handling of the pandemic.

https://rsf.org/en/2021-world-press-freedom-index-journalism-vaccine-against-disinformation-blocked-more-130-countries

HRD issues on agenda of 46th Session of the council

February 22, 2021

Although I have decided to focus this blog mostly on human rights defenders and their awards, I will make an exception for the regular sessions of the UN Human Rights Council of which the 46th session has started on 22 February and which will last until to 23 March 2021. This post is based on the as always excellent general overview published by the International Service for Human rights: “HRC46 | Key issues on agenda of March 2021 session”. Here’s an overview of some of the key issues on the agenda which affect HRDs directly:

Modalities for NGOs this year: According to the Bureau minutes of 4 February 2021: “Concerning the participation of NGOs in the 46th session, the President clarified that under the proposed extraordinary modalities, NGOs in consultative status with the ECOSOC would be invited to submit pre-recorded video statements for a maximum of three general debates in addition to the interactive dialogues, panel discussions and UPR adoptions as they had been able to do during the 45th session. In addition, “the Bureau agreed that events organised virtually by NGOs in consultative status with the ECOSOC could be listed on the HRC Extranet for information purposes.”

Human Rights implications of COVID-19

The pandemic – and States’ response to it – has presented various new challenges and threats for those defending human rights. The pandemic has exposed and deepened existing discrimination, violence and other violations. Governments have used COVID as a pretext for further restricting fundamental rights, including through the enactment of legislation, and specific groups of defenders – including WHRDs and LGBTI rights defenders – have lost their livelihoods, access to health services have reduced and they have been excluded from participating in pandemic responses. Action to address the pandemic must be comprehensive and systemic, it must apply a feminist, human rights-based, and intersectional lens, centred on non-discrimination, participation and empowerment of vulnerable communities. Last March ISHR joined a coalition of 187 organisations to draw the Council’s attention to the situation of LGBTI persons and defenders in the context of the pandemic.

#HRC46| Thematic areas of interest

Protection of human rights defenders

On March 3rd and 4th, the Council will hold an interactive dialogue with the Special Rapporteur on human rights defenders on her annual report “Final warning: death threats and killings of human rights defenders”, and the country visit report of her predecessor to Peru.

Reprisals

Reports of cases of intimidation and reprisals against those cooperating or seeking to cooperate with the UN not only continue, but grow. Intimidation and reprisals violate the rights of the individuals concerned, they constitute violations of international human rights law and undermine the UN human rights system. See also: https://humanrightsdefenders.blog/tag/reprisals/

The UN has taken action towards addressing this critical issue including:

  • Establishing a dedicated dialogue under item 5 to take place every September;
  • Affirmation by the Council of the particular responsibilities of its Members, President and Vice-Presidents to investigate and promote accountability for reprisals and intimidation; and
  • Appointment of the UN Assistant Secretary General on Human Rights as the Senior Official on addressing reprisals.

ISHR remains deeply concerned about reprisals against civil society actors who try to engage with UN mechanisms, and consistent in its calls for all States and the Council to do more to address the situation.

During its 42nd session, the Council adopted a resolution which listed key trends such as the patterns of reprisals, increasing self-censorship, the use of national security arguments and counter-terrorism strategies by States as justification for blocking access to the UN. The resolution also acknowledged the specific risks to individuals in vulnerable situations or belonging to marginalised groups, and called on the UN to implement gender-responsive policies to end reprisals. The Council called on States to combat impunity and to report back to it on how they are preventing reprisals, both online and offline.

Item 5 of the Human Rights Council’s agenda provides a key opportunity for States to raise concerns about reprisals, and for governments involved in existing cases to provide an update to the Council on any investigation or action taken toward accountability to be carried out.

During the organisational meeting held on 8 February, the President of the Council stressed the importance of ensuring the safety of those participating in the Council’s work, and the obligation of States to prevent intimidation or reprisals.

In line with previous calls, ISHR expects the President of the Human Rights Council to publicly identify and denounce specific instances of reprisals by issuing formal statements, conducting press-briefings, corresponding directly with the State concerned, publicly releasing such correspondence with States involved, and insist on undertakings from the State concerned to investigate, hold the perpetrators accountable and report back to the Council on action taken.

Other thematic reports

At this 46th session, the Council will discuss a range of economic, social and cultural rights in depth through dedicated debates with mandate holders, and consider the annual report of the Secretary-General on the question of the realization in all countries of economic, social and cultural rights. The debates with mandate holders include:

  • The Special Rapporteur in the field of cultural rights, annual report on COVID-19, culture and culture rights and country visit to Tuvalu 
  • The Special Rapporteur on the right to adequate housing, annual report on twenty years on the right to adequate housing: taking stock – moving ahead and country visit to New Zealand 

The Council will discuss a range of civil and political rights through dedicated debates with the mandate holders, including:

  • The Special Rapporteur on torture, annual report and country visit to Maldives
  • The Special Rapporteur on freedom of religion or belief, annual report on combating anti-Muslim hatred
  • The Special Rapporteur on the right to privacy, annual report on artificial intelligence and privacy, and children’s privacy, and country visit reports to the United Kingdom, France, Germany, United States of America, Argentina, and Republic of Korea.  

In addition, the Council will hold dedicated debates on the rights of specific groups including:

In addition, the Council will hold dedicated debates on interrelation of human rights and human rights thematic issues including:

  • The Special Rapporteur on human rights and the environment, annual report on human rights and the global water crisis: water pollution, water scarcity and water-related disasters 
  • The Special Rapporteur on the promotion and protection of human rights while countering terrorism, annual report on human rights impact of counter-terrorism and countering (violent) extremism policies and practices on the rights of women, girls and the family

Country-specific developments

China 

A pile of evidence continues to mount, including the assessment from the UN Committee on the Elimination of Racial Discrimination, about policies of the Chinese government targeting ethnic and religious minorities, including Uyghurs, Tibetans and Mongolians. The rule of law is being further eroded in Hong Kong, as deeply-respected principles of due process and pluralistic democracy are disappearing at an alarming rate.  Human rights defenders and ordinary citizens confront ongoing crackdowns on civic freedoms, pervasive censorship and lightning-fast recourse to administrative sanction, enforced disappearance and trumped-up national security charges to silence critics.  – In the face of this, inaction has become indefensible.

The UN Special Procedures issued a sweeping statement in June 2020, calling for the international community to take ‘decisive action’ on the human rights situation in the country. At the March session, ISHR urges States to convey at the highest level the incompatibility of China’s actions domestically with its obligations as a new Council member, and to continue to press for transparency, actionable reporting and monitoring of the situation. Statements throughout the Council are key moments to show solidarity with individual defenders – by name – , their families, and communities struggling to survive. And finally, States should take every opportunity to support efforts by China that meaningfully seek to advance human rights – while resolutely refuting, at all stages of the process, initiatives that seek to distort principles of human rights and universality; upend the Council’s impressive work to hold States up to scrutiny; and weaken the effectiveness and impact of the Council for victims of violations and human rights defenders. Furthermore, other Council members should step up their commitments to the body’s mandate and purpose, and reject efforts by China and its partners and proxies. See also: https://humanrightsdefenders.blog/tag/china/

Egypt

The Egyptian authorities continue to systematically carry out patterns of reprisals against human rights defenders for their legitimate work, including for engagement with UN Special Procedures. These have included arbitrary arrests and detention, enforced disappearance, torture, unlawful surveillance, threats and summons for questioning by security agencies. The government’s refusal to address key concerns raised by States in its response to the UPR in March 2020 demonstrated its lack of political will to address its deep challenges and to engage constructively with the Council. ISHR reiterates its call on the Council to establish a monitoring and reporting mechanism on the human rights situation in Egypt. See also: https://humanrightsdefenders.blog/tag/egypt/

Saudi Arabia

In 2020, the Council continued its scrutiny over the human rights situation in Saudi Arabia. Yet, the Saudi government has failed the litmus test to immediately and unconditionally release the women’s rights activists and human rights defenders, instead they continued to prosecute and harshly sentence them for their peaceful activism. On 10 February 2021, it was reported that WHRDs Loujain Al-Hathloul, and Nouf Abdulaziz have been released conditionally from prison after spending over two and a half years in detention solely for advocating for women’s rights, including the right to drive and the dismantling of the male guardianship system. ALQST reported that WHRDs Nassima al-Sadah and Samar Badawi remain in detention and that “in a worrying development, the Public Prosecution has appealed the initial sentence issued on 25 November 2020 by the Criminal Court against al-Sadah of five years and eight months in prison, half of it suspended, seemingly with the aim of securing an even harsher sentence”. See: https://www.trueheroesfilms.org/thedigest/laureates/1a6d84c0-b494-11ea-b00d-9db077762c6c

The government’s refusal to address this key concern raised in the three joint statements demonstrates its lack of political will to genuinely improve the human rights situation and to engage constructively with the Council.  ISHR reiterates its call on the Council to establish a monitoring and reporting mechanism on the human rights situation in Saudi Arabia.

Nicaragua 

On 24 February, the Council will hold an interactive dialogue on the High Commissioner’s report on Nicaragua. Despite the renewal of Resolution 43/2, the human rights situation in Nicaragua has steadily deteriorated over the last months. Civil society space has sharply shrank, due to new restrictive laws on foreign agents and counter-terrorism, while attacks against journalists and human rights defenders -the last remaining independent human rights observers – continue. The lack of an independent judiciary or NHRI further deprives victims of the possibility to seek justice and redress. Whilst the repression deepens, State inaction in the face of the Covid-19 pandemic and the passage of hurricanes have also exacerbated the ongoing humanitarian crisis and the deprivation of economic, social, and cultural rights. In light of upcoming elections in Nicaragua, ISHR urges the Council to renew and strengthen its resolution on the human rights situation in Nicaragua, laying down a clear benchmark of key steps the State should take to demonstrate its willingness to cooperate in good faith, while clearly signaling the intention to move towards international investigation and accountability should such cooperation steps not be met within the year. States should also increase support to targeted defenders and CSOs by raising in their statements the cases of student Kevin Solís, Aníbal Toruño and Radio Darío journalists, trans activist Celia Cruz, as well as the CENIDH and seven other CSOs subject to cancellation of their legal status.

Venezuela

Venezuela will come under the spotlight several times with oral updates from OHCHR on the situation of human rights in the country (25 February, 11 March) and an update from the international fact-finding mission on Venezuela (10 March). OHCHR is mandated to report on the implementation of the recommendations made to Venezuela, including in reports (here and here) presented last June.  The fact-finding mission has started work on its renewed and strengthened 2-year mandate, despite delays in the disbursement of funds and is due to outline its plans to the Council. Intensifying threats and attacks on civil society in Venezuela since November 2020, provide a bleak context to these discussions. States should engage actively in dialogue on Venezuela, urging that recommendations be implemented – including facilitating visits from Special Rapporteurs; that the fact-finding mission be granted access to the country and that civil society be promoted and safeguarded in its essential work.

Burundi

On 2 February 2021, the Supreme Court of Burundi announced its decision allegedly adopted on 23 June 2020 to sentence 12 defenders to life in prison. The date of the adoption of this decision was announced after the Court decided to defer it further to 30 June 2020 and again after that. The Court never assigned or informed the 12 concerned of the proceedings. This case was investigated and judged in the absence of all those concerned and the sentence only made public seven months after the alleged proceedings took place. Among the victims of this arbitrary procedure are renown lawyers such as Me Armel Niyongere, Vital Nshimirimana and Dieudonné Bashirahishize, who are being targeted for their engagement in the defense of victims of the 2015 repression in Burundi and for filing complaints for victims to the International Criminal Court (ICC) in The Hague.  A group of civil society organisations denounced the dysfunctioning and lack of independence of judicial proceedings in the country. After confirming the 32 years sentence of defender Germain Rukuki, Burundi continues its crackdown against civil society. In addition to ensuring the continued work of the Commission of Inquiry on Burundi, members of the Council need to call on Burundi to uphold its international obligations and stop reprisals against defenders for engaging with any international mechanisms. See also: https://humanrightsdefenders.blog/2019/03/29/ngo-statement-condemns-new-irregularities-in-the-case-of-germain-rukuki-burundi/ The Council will hold an interactive dialogue with the Commission of Inquiry on Burundi on 10 March.

The High Commissioner will provide an oral update to the Council on 25 February. The Council will consider updates, reports on and is expected to consider resolutions addressing a range of country situations, in some instances involving the renewal of the relevant expert mandates. These include:

  • Oral update and interactive dialogue with the Special Rapporteur on Eritrea
  • Interactive Dialogue on the High Commissioner’s report on Sri Lanka
  • Enhanced Interactive Dialogue on the High Commissioner’s report on Belarus
  • Oral update and interactive dialogue with the Group of Eminent International and Regional Experts on Yemen
  • Interactive Dialogue on the High Commissioner’s report on ensuring accountability and justice in the Occupied Palestinian Territory, including East Jerusalem
  • Interactive Dialogue with the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran
  • Interactive Dialogue with the Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea
  • Interactive Dialogue with the Commission on Human Rights in South Sudan
  • Interactive Dialogue with the Commission of Inquiry on the Syrian Arab Republic
  • Interactive Dialogue with the Special Rapporteur on the situation of human rights in Myanmar
  • Interactive Dialogue with the High Commissioner on the situation of human rights in Ukraine
  • Oral updates and enhanced interactive dialogue with the High Commissioner on the situation of human rights in the Democratic Republic of the Congo, and the team of international experts on the situation in Kasai
  • High-level Interactive Dialogue with the Independent Expert on the situation of human rights in the Central African Republic
  • Interactive Dialogue with the Independent Expert on the situation of human rights in Mali 

Council programme, appointments and resolutions

During the organisational meeting for the 46th session held on 8 February, the President of the Human Rights Council presented the programme of work. It includes seven panel discussions. States also announced at least 28 proposed resolutions. Read here the reports presented this session

Appointment of mandate holders

The President of the Human Rights Council proposed candidates for the following mandates: 

  1. Expert Mechanism on the Rights of Indigenous Peoples (member from Africa) 
  2. Expert Mechanism on the Rights of Indigenous Peoples (member from North America)
  3. Special Rapporteur on extrajudicial, summary or arbitrary executions 
  4. Special Rapporteur on the situation of human rights in Cambodia
  5. Working Group of Experts on People of African Descent (member from African States)
  6. Working Group on Arbitrary Detention (member from Asia-Pacific States).

Resolutions to be presented to the Council’s 46th session

At the organisational meeting on 8 February the following resolutions were announced (States leading the resolution in brackets):

  • Promotion of the enjoyment of the cultural rights of everyone and respect for cultural diversity (Cuba)
  • Human rights and the environment, mandate renewal  (Costa Rica, Maldives, Morocco, Slovenia, Switzerland)
  • Prevention of torture and other cruel, inhuman or degrading treatment or punishment (Denmark)
  • Question of the realization in all countries of economic, social and cultural rights (Portugal)
  • Guarantee of the right to the health through equitable and universal access to vaccines in response to pandemics and other health emergencies (Ecuador)
  • Negative impacts of unilateral coercive measures (Azerbaijan on behalf of the Non-Aligned Movement-NAM)
  • Human rights, democracy and the rule of law (Morocco, Norway, Peru, Romania, Republic of Korea, Tunisia)
  • Freedom of religion or belief (EU)
  • Situation of human rights in the Democratic People’s Republic of Korea, mandate renewal (EU)
  • Situation of human rights in Myanmar, mandate renewal (EU)
  • Combating intolerance based on religion or belief (OIC)
  • Ensuring accountability and justice for all violations of international law in the Occupied Palestinian Territory, including East Jerusalem (OIC)
  • Right of the Palestinian people to self-determination (OIC)
  • Human rights situation in the Occupied Palestinian Territory, including East Jerusalem (OIC)
  • Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan (OIC)
  • Technical assistance and capacity-building for Mali in the field of human rights (African Group)
  • Persons with albinism (African Group)
  • Impact of non-repatriation of funds of illicit origin to countries of origin (African Group)
  •  The situation of human rights in Iran, mandate renewal (Moldova, United Kingdom of Great Britain and Northern Ireland, Iceland)
  • The right to privacy in the digital age, mandate renewal (Austria, Brazil, Germany, Liechtenstein, Mexico)
  • The human rights situation in the Syrian Arab Republic, mandate renewal (France, Germany, Italy, Jordan, Kuwait, Morocco, Netherlands, Qatar, Turkey, United Kingdom of Great Britain and Northern Ireland)
  • Promoting reconciliation, accountability and human rights in Sri Lanka (Canada, Germany, Montenegro, North Macedonia, United Kingdom of Great Britain and Northern Ireland) 
  • Situation of human rights in South Sudan, mandate renewal (Albania, Norway, UK) 
  • Read the calendar here.

Adoption of Universal Periodic Review (UPR) reports

During this session, the Council will adopt the UPR working group reports on Belarus, Liberia, Malawi, Panama, Mongolia, Maldives, Andorra, Honduras, Bulgaria, the Marshall Islands, the United States of America, Croatia, Libya and Jamaica. ISHR supports human rights defenders in their interaction with the UPR. It publishes and submits briefing papers regarding the situation facing human rights defenders in some States under review and advocate for the UPR to be used as a mechanism to support and protect human rights defenders on the ground. 

Panel discussions

During each Council session, panel discussions are held to provide member States and NGOs with opportunities to hear from subject-matter experts and raise questions. Panel discussions scheduled for this upcoming session:

  1. Annual high-level panel discussion on human rights mainstreaming. Theme: The state of play in the fight against racism and discrimination 20 years after the adoption of the Durban Declaration and Plan of Action and the exacerbating effects the COVID-19 pandemic has had on these efforts
  2. Biennial high-level panel discussion on the question of the death penalty. Theme: Human rights violations related to the use of the death penalty, in particular with respect to whether the use of the death penalty has a deterrent effect on crime rate
  3. Meeting on the role of poverty alleviation in promoting and protecting human rights
  4. Annual full-day meeting on the rights of the child [two accessible panels]. Theme: Rights of the child and the Sustainable Development Goals
  5. Annual interactive debate on the rights of persons with disabilities [accessible panel]. Theme: Participation in sport under article 30 of the Convention on the Rights of Persons with Disabilities
  6. Debate on the midterm review of the International Decade for People of African Descent. (Commemoration of the International Day for the Elimination of Racial Discrimination)

Read here ISHR’s recommendations on the the key issues that are or should be on the agenda of the UN Human Rights Council in 2021.

To stay up-to-date: Follow @ISHRglobal and #HRC46 on Twitter, and look out for the Human Rights Council Monitor. During the session, follow the live-updated programme of work on Sched

To compare: https://humanrightsdefenders.blog/2020/09/06/hrc45-key-issues-for-human-rights-defenders/

https://www.ishr.ch/news/hrc46-key-issues-agenda-march-2021-session

Another setback for the credibilty of the UN Human Rights Council: Venezuela wins seat

October 18, 2019

There was some hope [see: https://humanrightsdefenders.blog/2019/10/06/why-costa-rica-should-be-in-the-un-human-rights-council-rather-than-venezuela/] but in the end Venezuela won its UN human rights council seat despite being a serial violator. To make matters worse the other seat for Latin America went to Brazil, whose far-right leader has expressed contempt for the concept of human rights.

Activists have responded with outrage after Venezuela won a fiercely contested vote for a seat on the UN’s human rights council on Thursday, despite its well-documented record of human rights abuses.

Opposition activists, journalists and human rights defenders are often jailed, while security forces loyal to Maduro commit abuses with impunity. “The inclusion of Venezuela and Brazil to the human rights council marks a backwards step in the advancement of human rights in the region,” said Rodolfo Montes de Oca, a lawyer at Provea, a Venezuelan rights group.

Maduro’s regime will probably be emboldened by his country’s new post at the UN. “They can say they were elected to the human rights council and from there have a voice to push back on their critics,” said David Smilde, an analyst at the Washington Office on Latin America, a thinktank. “It’s shameful, a travesty,” said Vanessa Neumann, Guaidó’s ambassador to the UK, who added that the vote will do little to silence Maduro’s critics. “Ultimately the march of history’s harsh judgment on Maduro and his regime will not be stopped by this.”

Earlier this year, the UN human rights chief, Michelle Bachelet, issued a scathing report on Venezuela, which described widespread cases of torture, extrajudicial killings and withholding food and medicines from civilians.

https://www.theguardian.com/world/2019/oct/17/venezuela-un-human-rights-council-activists-outraged