A column in the South African City Press under the title “A chilling point of order for SA” written by Juliette De Rivero on 26 March 2014 makes a punchy statement about the disappointment felt all though the human rights movement when South Africa opted to support China’s point of order in the UN Council of Human Rights. In my post about this ‘court drama’ (reference below) I did not list all the countries coming out against allowing a moment of silence for the deceased Chinese human rights defender Cao Shunli and indeed the position of South Africa was in many way the most surprising, in de Rivero’s words: “…The South African delegate took the floor and warned that allowing the activists to proceed with the moment of silence would “create a dangerous precedent” that the council would not be able to sustain in the future.He noted that the action was “irregular and incompatible with the rules of procedure of this council”.South Africa’s choice to stand with the government that prevented Cao Shunli from participating in the UN came as a blow to the activist community – a community that was willing to stand up for Cao just as it had been willing to denounce the injustice of apartheid.South Africa’s concern that the moment of silence – not the death of the activist – was setting a bad precedent in the UN body sent such a chilling message to the human rights community that it should not be ignored…”
Let me add: That silence is a way of speaking should be clear to all, including South Africa, e.g. when on 6 December 2013 the General Assembly held a moment of silence to honour the memory of Nelson Mandela (“Madiba”).
(Cao Shunli, the Chinese activist who died in custody (c) Photograph: Reuters)
For those with an interest in how the UN Council deals with criticism – in this case of China – should follow the debate on the UN webcast (or see the video on demand later) [http://webtv.un.org/live-now/watch/25th-regular-session-of-the-human-rights-council/2178978642001/#]. What happened in short is that during the debate on the adoption of China’s UPR report on 20 March, the International Service of Human Rights (ISHR) called for a few moments of silence to remember Cao Shunli, the human rights defender who recently died in detention (see references below). China then invoked a point of order saying that speakers should make general statements and that did not include asking for silence. During a long procedural debate many views were expressed – mostly supportive of China – but some others clearly stating that freedom of speech included the right not to speak. The interpretation of the rules of procedure then seemed to lead to the conclusion that the UPR (Universal Periodic Review) should not be ‘politicized”….and that from the eminently political entities called Governments! Sensing that a majority would support it, China insisted on a ruling by the Chairman that this kind of intervention needs to be ruled out for the future. The big majority of States, fearing a ‘precedent-setting’, rejected even the compromise proposal by the Chair to discuss the issue further in the Bureau (at a later time) with a vote of 20 against 13 (and 12 abstentions). The World Organisation Against Torture (OMCT), the second NGO to get the floor, then continued the request for a minute of silence for Cao Shunli. This was of course again interrupted. So, the Council ended up supporting China’s tough stance, in spite of several other NGOs and a few countries coming out with strong support for the moment of silence.
When the FIDH then let one its member organisations (including the Campaign Against Tibet) speak on its behalf, the Chinese delegation (perhaps emboldened by its earlier success) decided to interrupt again asking that the FIDH only identifies itself and not its members. This led to another procedural debate on whether NGOs with consultative status are allowed to mention other NGOs that have no such status (a standing practice I should add, which was established far back in the 80s when Argentina tried – in vain – to stop the ICJ from letting an Argentinian lawyer, Emilio Mignone, to speak about the disappearance of his own daughter).
Perhaps there will be further debate on these procedural aspects, but it is unlikely that the UPR comes out of this as a serious innovation in dealing with human rights violations.
Today, 14 March, Amnesty International brought out a statement severely criticizing China‘s treatment of human rights defenders in need of medical care. Cao Shunli, 52, died from organ failure on Friday at a hospital in Beijing, after five months in detention. Repeated requests by Cao’s family for her to receive medical treatment for serious health problems were denied.[ https://thoolen.wordpress.com/2014/02/25/serious-concern-for-health-of-detained-human-rights-defender-cao-shunli/]
“Cao Shunli’s death exposes just how callous and calculating the Chinese authorities are prepared to be to silence critics. The authorities today have blood on their hands.” said Anu Kultalahti, China Researcher at Amnesty International. “Cao Shunli was a courageous woman who paid the ultimate price for the fight for human rights in China. She should have never been detained in the first place; but to then deny her the medical treatment she desperately needed is a most barbaric act.”
Cao had led attempts to allow activists to contribute to China’s national human rights report, ahead of a UPR review at the UN Human Rights Council in 2013 and was arrested in September as she attempted to travel to Geneva to attend a human rights training course. Her detention was seen by many as a reprisal for her wanting to contribute to a public discussion on violations in China – the charges against her concerned “picking quarrels and making trouble” . The full Council is expected to hear the result of the UPR session on Wednesday 19 March. It will be interesting to see how the States and in particular China is going to react to this tragic event.
Sean Penn is in Dublin today, 7 March, to hand out a human rights award. The winner of the 2014 Front Line Defenders Award was chosen from 110 nominations from 51 countries. Members of the Irish and European Parliaments, representatives of Front Line Defenders and Al Jazeera Media Network made up the judging panel. Jim Loughran, of Front Line Defenders said: “Sean Penn’s support is hugely important in terms of driving publicity…As one human rights defender said to us recently, if you are visible, you have rights. If you are invisible, you are a victim.” He presented the award to a Pakistani woman rights defender, Noorzia Afridi, who founded the Society for Appraisal and Women Empowerment in Rural Areas (SAWERA) along with her sister Fareeda “Kokikhel”, who was shot dead on her way to work in 2012.
In a post earlier in the day I mentioned that I would restrict myself to announcing Side Events to the UN Human Rights Council in Geneva that are specially focused on Human Rights Defenders, but that seems not be much of a restriction with two more interesting events scheduled for next week:
1. “Human Rights Defenders and the Shrinking Space for Civil Society” on Monday 10 March 2014 from 14 to 15h00 in Room XX Palais des Nations. Speakers:
Navi Pillay UN High Commissioner for Human Rights
Halah Eldoseri – Saudi Arabia [researcher on women’s health services; blogs (Saudi women’s rights) to educate women about the country’s international obligations towards women; writes and organises lectures and workshops in Saudi Arabia for activists and the public]
Maksym Butkevych – Ukraine [radio and TV journalist working with “Hromadske Radio” (“Public Radio”) in Kiev; Co-Founder of “No Borders” project of the NGO “Social Action Centre”, which works on anti-discrimination issues; organised an independent radio station to directly cover the events in Ukraine; Co-Ordinator of the Independent Civic human rights violations Investigation Commission]
Mary Lawlor Director of Front Line Defenders [Chair]
Co sponsors: Troicare, International Commission of Jurists, Permanent Mission of Ireland.
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2. “Global Trends for Human Rights Defenders” on Wednesday 12 March from 09h30 -12h00 in the office of International Service for Human Rights (ISHR), Rue de Varembé 1. This Roundtable brings together human rights defenders, practitioners, academic scholars, intergovernmental officials, government representatives, and donors to discuss innovation and the way forward to improve understanding and protection of HRDs, specially to foster an enabling environments for human rights defenders. This discussion will draw upon:
Recommendations made in the report of the UN Special Rapporteur on the Situation of Human Rights Defenders to the Human Rights Council on 10 March 2014,
reports that on 24 February 2014, human rights defender Abdulhakim Al Fadhli was chased by state security cars and then taken to state security headquarters, where he remains in detention. Earlier that day, human rights defenders Mr Nawaf Al Hendal and Ms Hadil Abo Qoreis were summonsed via news broadcasts to appear before state security investigations service. Abdulhakim Al Fadhli had also been unofficially informed of a summons against him. As in a B-film, state security cars, chasing Abdulhakim Al Fadhli, Read the rest of this entry »
(human rights defenders in the photo were not allowed to see Cao – Sound of Hope)
Critically ill human rights defender Cao Shunli, who was prevented from attending a United Nations human rights review of China last fall, was taken to intensive care on 16 February 2014 after being denied medical treatment for months while in detention. “Cao Shunli is unconscious and on a ventilator,” her lawyer Wang Yu explained to Radio Free Asia. “She can’t talk and her condition is extremely serious… We think her life is in danger, but the hospital won’t give us any details; they just mumble something when we ask them,” he continued. A nurse blocked the entrance to the intensive care unit and told rights defender Wang Ling that Cao was “deeply unconscious” and would not recognize him, according to Human Rights in China (HRIC). Though Cao was initially taken to Beijing’s Qinghe Emergency Center, she was then transferred to an Army hospital, though her family requested that she be taken to an acute care hospital. Police at the hospital prevented activists from entering the hospital, and about 20 of them were taken to police substations for questioning, Wang Ling told HRIC.
[Cao and fellow rights defender Chen Jianfang were detained on 13 September, 2013 at Beijing’s International airport as they were leaving to fly to Geneva to take part in activities associated with the United Nations Human Rights Council UPR review of China’s human rights record. On the eve of the review, 21 October, she was formally arrested and charged with “creating a disturbance,” and has been detained since then. See earlier posts:
This video with testimony by Yolanda Oquelí, human rights defender from Guatemala, was posted last year by AI Canada and recently re-issued in French by AI France.
Since March 2013, activists and members of the local community have held an ongoing protest against the mine development by Radius Gold, a company based in Vancouver, Canada, and its wholly owned Guatemalan subsidiary, Exploración Mineras de Guatemala (EXMIGUA). Some community members claim that they were not consulted about the opening of the mine and fear it will pollute their water supply and damage land in San José del Golfo and San Pedro Ayampuc municipalities. On the evening of 13 June events took a sinister turn. Outspoken anti-mining activist Yolanda Oquelí was driving home from taking part in this ongoing protest when two gunmen on a motorbike cut across in front of her car and fired four shots. Yolanda was hit and a bullet lodged close to her liver. She recovered, continues to be subject to threats.
In February 2011, protesters in north-western Guatemala’s San Marcos region were attacked after speaking out against the local Marlin Mine, owned by Canadian company Goldcorp Inc. Community activist Aniceto López, was taken to the local mayor’s office, where officials allegedly beat him and threatened to kill him if he failed to stop speaking out against the mine.
[In July 2010, another grassroots activist in San Marcos, Deodora Hernández, was shot at close range in her own home by two unknown men. She had spoken out to defend her community’s right to water amidst fears that mining had polluted the local water supply]
When James Anaya, the UN Special Rapporteur on Indigenous Peoples visited Guatemala in June 2010, he received allegations that the Guatemalan government had repeatedly granted licences for the exploration of natural resources in indigenous territories without consulting with local indigenous peoples – or receiving their free, prior and informed consent.
This is a long but excellent to piece to read over the weekend by Stefania Kulaeva of the remarkable NGO Memorial in Russia:
AT THE TIME of the Olympic Winter Games in Sochi it is important to remember the human rights abuse of minorities and their defenders in Russia. This is a question for gay people but also for Roma, immigrant workers and members of other ethnic communities.Read the rest of this entry »
Hans Thoolen on Human Rights Defenders and their awards 