On 18 April 2023 CHRD called on the Chinese government to immediately release human rights lawyer Yu Wensheng and his wife Xu Yan, who have been criminally detained and denied access to lawyers of their choice. CHRD also calls on the Chinese government to end its de facto house arrest of Yu Wensheng and Xu Yan’s 18-year-old son. CHRD urges the EU, EU member states, the US, UN bodies, and other member of the international community to forcefully condemn the Chinese government’s detention of Yu Wensheng and Xu Yan. See also: https://humanrightsdefenders.blog/2022/03/03/breaking-news-mea-laureate-yu-wensheng-released/
On April 13 at approximately 4:00 pm, human rights lawyer Yu Wensheng and his wife Xu Yan left their home in Beijing to travel by subway to attend an event at the European Delegation. They were invited to an event with the EU’s Ambassador to China Jorge Toledo Albiñana according to Politico.
However, Yu and Xu were prevented from accessing the subway by four plainclothes police officers. One of the officers, a state security police officer, told them that they were being summoned to a police station, which Yu Wensheng announced on Twitter. The four police officers took them to the Shijingshan Bajiao police station. Human rights lawyers Wang Quanzhang, Li Heping, and Bao Longjun were also harassed by authorities during this period.
The EU Delegation to China tweeted on April 13, “We demand their immediate, unconditional release. We have lodged a protest with MFA [China’s Ministry of Foreign Affairs] against this unacceptable treatment.”
According to Rights and Livelihood Watch, on April 15 in the evening, approximately seven police officers came to Yu Wensheng and Xu Yan’s home, and they orally read a criminal detention notice to the couple’s son, who had just turned 18 years old. The pair were criminally detained on the charge of “picking quarrels and provoking trouble.” Police would not allow the son to take photos, nor would they give him the criminal detention notice. Also, even though no warrant was presented, police proceeded to search the home and carried off many items.
On April 16, two lawyers, Song Yusheng and Peng Jian, paid a visit to Yu and Xu’s son to bring him fruit, and fill out paperwork to obtain legal status to represent Yu and Xu. There were two people guarding the door of Yu and Xu’s home. Lawyer Song knocked on the door, and it was answered by the son, but the lawyer saw that in the home there were also two officers inside, one plainclothes and one wearing a uniform. The plainclothes officer, who said his name was Lu Kai, asked what they wanted. The lawyers said that they were there to visit the son and have him sign an agreement (委托书) to entrust them as lawyers. However, the plainclothes police officers said that Yu Wensheng told them that he “doesn’t want to have lawyers at this stage” and that Xu Yan had already found two lawyers.
Yu Wensheng’s detention may also be related to his condemnation of the sentencing of Xu Zhiyong and Ding Jiaxi, two prominent pro-democracy figures. On April 12, Yu Wensheng wrote on Twitter that he had been visited at his home by Shijingshan police for a tweet he had sent out on April 9 that said, “[I] strongly condemn the Chinese authorities heavy sentence of scholar Xu Zhiyong to 14 years and of Lawyer Ding Jiaxi to 12 years! I pay my respects to Xu Zhiyong and Ding Jiaxi, who have worked hard in the struggle for freedom, democracy, human rights, and the rule of law. I believe that one day the Dream of a Beautiful China will be realized.”
In March 2022, Yu Wensheng was released from prison after serving four years and three months on the charge of “inciting subversion of state power.” Yu was taken away by police in 2018 the day after he released an open letter recommending changes to China’s Constitution, including a call for elections and the creation of an oversight system for the Chinese Communist Party.
The Chinese government has put heightened pressure on human rights award winners. Yu Wensheng was the recipient of the prestigious Martin Ennals Award in 2021 [see: https://www.trueheroesfilms.org/thedigest/laureates/69fc7057-b583-40c3-b6fa-b8603531248e] and the winner of the Franco-German Prize for Human Rights and the Rule of Law in 2018. Previous winners of awards have been subjected to extra-legal abuse. While Nobel Peace Prize Laureate Liu Xiaobo was at one point granted “medical parole,” he was not allowed the freedom of movement to seek medical treatment outside of China and died in de facto state custody. Likewise, Hu Jia, a prominent human rights defender and winner of the Sakharov Prize for Freedom of Thought in 2008, was prevented from seeing his dying father in his final days. Hu Jia was deprived of his liberty and “forcibly traveled” starting from March 4 of this year. Being “traveled” is a common tactic used by state security officers to ensure journalists at the annual March Two Sessions meetings or other “sensitive” political events do not talk to dissidents. Hu Jia’s father passed away from pancreatic cancer on March 9, 2023.
The Chinese government is preventing defendants in sensitive cases from having lawyers of their own choice and instead mandating government-approved lawyers in order to prevent real legal defense. On February 10, 2023, digital rights activist Ruan Xiaohuan was sentenced to seven years in prison on the charge of “inciting subversion of state power.” His wife, Ms. Bei, wanted to hire an experienced lawyer for the appeals stage, and so she went to Beijing to talk with Shang Baojun. However, upon landing in Beijing, she was taken away by eight Shanghai police. Meanwhile lawyer Shang Baojun tried to visit Ruan at the Yangpu Detention Center in Shanghai, but staff there would not allow for the visit since they claimed that Ruan already had two legal aid lawyers.
On 1 March 2022, EFE reported that Chinese human rights lawyer Yu Wensheng, sentenced to 4 years in 2020 for “inciting subversion of state power,” was released Tuesday from prison in the eastern city of Nanjing, according to a Twitter post by his wife Xu Yan. Yu Wensheng was on a train bound for Beijing according to his wife, who awaits him at a hotel in the capital.
During the few meetings with his lawyer, Yu has claimed to have suffered torture and mistreatment during his confinement that may have caused him to lose part of the mobility of his right hand.
ISHR, the Martin Ennals Foundation and eight other major human rights groups urge in a joint statement the Chinese government to ensure lawyer Yu Wensheng is able to leave Nanjing Prison on March 1st, and freely reunite with his family in Beijing.
The signatory organisations also called in the joint statement for sustained attention on the growing risks and threats his wife, Xu Yan, faces for advocating for his rights and release.
For this, the authorities revoked his legal license on 16 January, 2018. Three days later, he was forcibly disappeared, a day after publishing an open letter calling for constitutional reform. He was put on trial in secret on 9 May 2019, but his wife, Xu Yan, was only informed of his four-years jail sentence in June 2020.
The signatories of the joint statement express grave concern that Yu Wensheng may be put under a de facto home arrest, severely restricted in his movements and communication, and unable to reunite with his family in Beijing.
Human rights lawyers have endured such restrictions upon leaving prison on grounds of a supplemental sentence of ‘deprivation of political rights’, in a phenomenon known as ‘non-release release’. In September 2019, UN experts condemned the use of this practice against lawyer Jiang Tianyong as ‘gratuitously punitive and legally unjustified’.
IThe signatory organisations urge the Chinese authorities to:
Ensure that Yu Wensheng is able to reunite with his family in Beijing on 1 March, to exercise his rights to move and communicate freely, and that he is not subjected to surveillance and harassment. He must also be able to resume his legal work without restrictions;
Put an end to the surveillance and harassment of Yu Wensheng’s family;
Guarantee in all circumstances that all lawyers in China, including human rights lawyers, are able to carry out their legitimate professional duties without fear of reprisals and free of restrictions.
The wife of Yu Wensheng, a jailed human rights lawyer, has set up a legal firm to help persons struggling with China’s justice system. Xu Yan’s husband is currently serving a four-year sentence on the charges of ‘incitement to subvert state authority.’ “My husband will be allowed to return home in around four months, but his law licence will be cancelled. This will have a significant impact on his profession as well as our family,” Yan was quoted as saying by Radio Free Asia. [see also: https://humanrightsdefenders.blog/2021/06/24/martin-ennals-foundation-reaches-out-today/] Notably, he had received the Martin Ennals Award 2021 for his work as a human rights defender earlier this year. [see: https://www.trueheroesfilms.org/thedigest/laureates/69fc7057-b583-40c3-b6fa-b8603531248e]
According to Radio Free Asia, the Martin Ennals Foundation labelled Yu “one of the best-known and most intrepid human rights campaigners” in China, noting that he had been subjected to arbitrary arrest, a secret trial, and the revocation of his law licence.
According to the Bureau minutes of 2 and 4 June 2021, the extraordinary modalities for the 47th session should be similar to the modalities applied during the 46th session.
Thematic areas of interest:
Sexual orientation and gender identity
The Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity will present his report, followed by an interactive dialogue on 24 June. The report seeks to document how particular narratives on gender are being used to fuel violence and discrimination based on sexual orientation and gender identity. In the report, the Expert examines how the incorporation of comprehensive gender theory enables more accurate and appropriate consideration of dynamics of negation and stigma, and the key role of law, public policy and access to justice in promoting either continuity of injustice or social change.
The report highlights the mandate’s position in relation to current narratives and constructions through which the application of gender frameworks, especially its promise for gender equality across diverse persons, is challenged; and build on gender concepts and feminist analysis to further substantiate the mandate’s understanding of root causes and dynamics of violence and discrimination based on sexual orientation and gender identity.
This report will be presented in the context of high levels of violence against trans and gender nonconforming people and those defending their rights. Beyond this, the COVID-19 pandemic has disproportionately impacted trans and gender nonconforming people and those defending their rights worldwide, especially those most marginalised.
Systemic racism, police brutality and violence against peaceful protests in the United States and globally
The High Commissioner will present the comprehensive report of Resolution 43/1 to the Council on 12 July followed by an interactive dialogue. ISHR previously joined 171 families of victims of police violence in the United States and over 270 civil society organisations from more than 40 countries in calling on the Council to establish an independent commission of inquiry into police killings of Black men and women, as well as violent law enforcement responses to protests in the United States….
The Council should ensure the establishment of robust international accountability mechanisms which would further support and complement, not undermine, efforts to dismantle systemic racism in the United States and globally, especially in the context of police violence against Black people.
Business and human rights
June 2021 marks the tenth anniversary of the unanimous endorsement by the Council of the United Nations Guiding Principles on Business and Human Rights (UNGPs). The Guiding Principles have become one of the key frameworks for private business to carry out their responsibility to respect human rights, for States to discharge their obligations under international law in relation to business activities, and for civil society and human rights defenders to utilise the UNGPs to demand structural changes in the way companies operate internationally. Human rights need to be an essential element of how businesses design their operations. After 10 years, we have the chance to look back and into the future with a critical eye. In that regard, a ‘Roadmap for the Next Decade’ will be presented by the UN Working Group on Business and Human Rights this month. ISHR continues to work with the UN, civil society and progressive companies to protect and promote the work of human rights defenders.
In tandem with its annual report, the UN Working Group will also present in June a long-awaited guidance document on business and human rights defenders based on the UNGPs. The ‘United Nations Guidance on the role of the Guiding Principles for engaging with, safeguarding and ensuring respect for the rights of human rights defenders’ was supported and informed by ISHR and partners, and builds on the experiences gathered through the Business Network on Civic Freedoms and Human Rights Defenders, an initiative ISHR co-founded with the Business and Human Rights Resource Centre. This document will become a key instrument for civil society, businesses and States in ensuring that human rights defenders are protected and recognised as essential actors in maintaining rule of law and a functioning shared civic space.
During the 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 7 June, 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.
ISHR recently launched a study analysing 709 reprisals cases and situations documented by the UN Secretary-General between 2010 and 2020 and looked at 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 also found that 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 on individuals’ or groups’ 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.
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, and insisting 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 47th session, the Council will have dedicated debates with the mandate holders and the High Commissioner, including interactive dialogues with:
The High Commissioner on State response to pandemics
The Special Rapporteur on the right to housing
The Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
The Independent Expert on human rights and international solidarity
The Special Rapporteur on the right to education
The Special Rapporteur on extreme poverty and human rights
The Special Rapporteur on extrajudicial, summary or arbitrary executions
The Special Rapporteur on the rights to freedom of peaceful assembly and of association
The Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
The Working Group on arbitrary detention on its study on drug policies
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 the human rights of migrants
The Special Rapporteur on the human rights of internally displaced persons
The Special Adviser on Prevention of Genocide
The Working Group on discrimination against women and girls
The Special Rapporteur on violence against women, its causes and consequences
The Special Rapporteur on trafficking in persons, especially women and children
The Special Rapporteur on the independence of judges and lawyers
The Special Rapporetur on the elimination of discrimination against persons affected by leprosy and their family members
Country-specific developments
China
One year after the UN Special Procedures issued a sweeping statement calling for the international community to take ‘decisive action’ on the human rights situation in China, much more remains to be done. Calls are growing for more clear and timely reporting from the UN, including the High Commissioner for Human Rights and her Office, on the repressive policies and practices targeting Uyghurs and other Turkic Muslims. At the same time, worrying news continues about violations of cultural rights of Tibetans, while Hong Kong’s democratic institutions – and its people – have suffered a series of blows from legislative, policy and legal decision targeting pro-democracy leaders. For the first time since 1989, peaceful public demonstrations to commemorate the massacre on Tiananmen Square were prohibited.
At the 46th session of the Council, over 30 States led by Finland urged Egypt to end its repression of human rights defenders, LGBTI persons, journalists, politicians and lawyers under the guise of countering-terrorism. The joint State statement ended years of a lack of collective action at the Council on Egypt, despite the sharply deteriorating human rights situation in the country. Egypt must answers these calls, starting by releasing the thousands arbitrarily detained, protecting those in custody from torture and other ill-treatment, and ending the crackdown on peaceful activists. The UN Working Group on Arbitrary Detention has previously concluded that arbitrary detention is a systematic problem in Egypt and the Committee against Torture has concluded that torture is a systematic practice in Egypt. To date, Egypt has failed to address all the concerns expressed by States, the High Commissioner and Special Procedures, despite repeated calls on the government, including most recently by over 60 NGOs. ISHR joined over 100 NGOs from across the world in urging 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.
Saudi Arabia
This session will mark two years since the Special Rapporteur on extrajudicial, summary or arbitrary executions presented to the Council the investigation into the unlawful death of Saudi journalist Jamal Khashoggi, and yet no meaningful steps towards accountability have been taken by the Saudi authorities. The Special Rapporteur called on Saudi Arabia to “demonstrate non-repetition by: releasing all individuals imprisoned for the peaceful expression of their opinion and belief; independently investigating all allegations of torture and lethal use of force in formal and informal places of detention; and independently investigating all allegations of enforced disappearances and making public the whereabouts of individuals disappeared”. To date, Saudi Arabia has refused to address these key concerns, which were also raised by 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. The sentencing and subsequent release of several women’s rights activists highlights the importance of the Council’s scrutiny which must be sustained in order to secure meaningful, concrete, and systematic gains. We recall that the Special Rapporteur also called on Member States to support resolutions that seek to ensure or strengthen accountability for the execution of Khashoggi. ISHR reiterates its call on the Council to establish a monitoring and reporting mechanism on the human rights situation in Saudi Arabia.
Colombia
After more than a month of strikes and street protests in Colombia, which have seen protestors killed at the hands of law enforcement officers and civilians, and human rights defenders covering the events threatened and attacked, the Council session provides States with the opportunity to take action. States must call on Colombia to respect the human rights of its people – including the right to freedom of peaceful assembly – and address the underlying causes of the protests, including violations of economic, social and cultural rights, inequality and racial discrimination. This situation of violence and non-compliance with all standards of the use of force has had a particular impact on the Afro-descendant population. Specific calls from Colombian civil society include for OHCHR to investigate and report on the protests in the country including gather statistical data on the facts that threaten the human rights of Afro-Colombian people; for the High Commissioner to visit Colombia when possible; and for Colombia to open its doors to a range of Special Rapporteurs to allow for ongoing monitoring and reporting. The High Commissioner, who has made a statement on the situation in the country, will present her annual report at the start of the session and it is hoped and expected that Colombia will feature as a country of concern. [see also: https://humanrightsdefenders.blog/2020/01/20/colombia-21-january-2020-civil-society-begins-a-much-needed-patriotic-march/]
Nicaragua
Last March, the Council renewed its resolution on the human rights situation in Nicaragua, which strengthened the High Commissioner’s office monitoring and reporting mandate, by including an interim oral update with recommendations in the context of upcoming national elections. Despite the resolution’s clear calls on the Government to repeal recently adopted laws that harshly restrict civic space, stop targeting human rights defenders and journalists, and urgently implement reforms to ensure free and credible elections, the Nicaraguan authorities have acted in the opposite direction. While UN experts ‘deplore spate of attacks and arrests of human rights defenders’, the OHCHR publicly expressed their deep concern that ‘Nicaragua’s chances of holding free and genuine elections on 7 November are diminishing as a result of measures taken by authorities against political parties, candidates and independent journalists, which further restrict the civic and democratic space’. As the High Commissioner will present her oral update on Nicaragua on 22 June, States should call on Nicaragua to urgently reverse course and implement the recommendations from resolution 46/2, in particular to guarantee the enjoyment of the rights to freedom of information, expression, association and assembly, and the right to take part in the conduct of public affairs; and to swiftly put an end to the harassment (including the judicial harassment) and detention of journalists and ex-members of the Violeta Chamorro Foundation and Confidencial media outlet.
Venezuela
Venezuela will be back on the Council’s agenda with OHCHR providing an update on the situation of human rights in the country, including in regard to UN recommendations (5 July). Recent positive developments in the country, including the nomination to the National Electoral Council of individuals supported by a broad swathe of civil society, are offset by continuing human rights and humanitarian crises. The UN’s recommendations to Venezuela are numerous, wide-ranging and largely ignored. States must use opportunities at the Council to press home the importance of those recommendations being heeded. ISHR looks forward to making a statement during the dialogue, focusing in on levels of implementation of recommendations. Given that reprisals against Venezuelan defenders have been common over recent years – with cases cited in eight of the Secretary General’s reports on cooperation with the UN since 2010 – it is essential that States speak out in support of civil society engagement and that the UN define a preventative strategy to ensure defenders’ protection.
Burundi
On 30 June 2020, the Supreme Court of Burundi set aside the ruling by the Appeals Court to uphold the 32-year sentence in Rukuki’s case and ordered a second appeal hearing, citing violations to his right to a fair trial. This second appeal hearing took place 8 months later on 24 March 2021 in Ngozi prison, where he is currently detained. According to the Burundian Code of Criminal Procedure, following the hearing the Court has 30 days to return a verdict on the case, but this verdict is still pending nearly 60 days later. This delay clearly demonstrates a lack of due process in the case of the internationally recognised human rights defender and political prisoner. In an open letter, a group of civil society organisations denounced the dysfunctioning of judicial proceedings in the country. After confirming the 32 years sentence of defender Germain Rukuki, Burundi continues its crackdown against civil society. Germain Rukuki has now spent nearly 4 years in prison. He has already waited an additional 30 days for this final verdict to be announced without any legal reason; he should not have to wait any longer. In addition to ensuring the continued work of the Commission of Inquiry on Burundi, members of the Council need to call on Burundi to demonstrate their commitment to respect the independence of the judiciary and comply fully with the fair trial obligations of Burundi under international law and announce the verdict in this case without any further delay. [see also: https://humanrightsdefenders.blog/2019/03/29/ngo-statement-condemns-new-irregularities-in-the-case-of-germain-rukuki-burundi/]
The Council will consider 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:
Interactive Dialogue with the SR on the situation of human rights in Eritrea
Oral update by the High Commissioner on the situation of human rights in Nicaragua
Interactive Dialogue with the SR on the situation of human rights in Belarus
Interactive Dialogue with the Commission of Inquiry on the Syrian Arab Republic
Interactive Dialogue with the High Commissioner on the human rights situation of Rohingya Muslims and other minorities in Myanmar and Interactive Dialogue with the SR on the situation of human rights in Myanmar
Interactive Dialogue with the SR on the situation of human rights in the Palestinian Territories occupied since 1967
Interactive Dialogue with the High Commissioner on Ukraine and interim report of the Secretary-General on human rights in Crimea
Interactive Dialogue with the Independent Expert on the situation of human rights in the Central African Republic
Council programme, appointments and resolutions
During the organisational meeting for the 47th session held on 7 June the President of the Human Rights Council presented the programme of work. It includes seven panel discussions. States also announced at least 22 proposed resolutions. Read here the reports presented this session.
The President of the Human Rights Council will propose seven candidates for the following sevent mandates:
The Independent Expert on the enjoyment of human rights by persons with albinism;
The Special Rapporteur on the right to privacy;
The Special Rapporteur on violence against women, its causes and consequences;
Two members of the Working Group of Experts on People of African Descent (one from Asia-Pacific States and one from Eastern European States);
A member of the Working Group on Enforced or Involuntary Disappearances, from Western European and other States;
The Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights
As of 8 June, however, the recommended candidates list was only available for four of the above positions, due to challenges among the Consultative Group, the five individuals appointed from each UN region to interview and shortlist candidates. It is critical that the process overcome such delays, so as to avoid any protection gaps arising from a failure to appoint a new mandate holder.
Resolutions to be presented to the Council’s 47th session
The following resolutions were announced (States leading the resolution in brackets):
Menstrual hygiene, human rights and gender equality (Africa Group)
Elimination of harmful practices (Africa Group)
Cooperation with and assistance to Ukraine in the field of human rights (Ukraine)
Situation of human rights of Rohingya Muslims and other minorities in Myanmar (OIC)
The protection of human rights in the context of human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS) (Brazil, Colombia, Mozambique, Portugal, Thailand)
The human rights situation in the Syrian Arab Republic, on missing persons and enforced disappearances (France, Germany, Italy, Jordan, Kuwait, Netherlands, Qatar, Turkey, United Kingdom of Great Britain and Northern Ireland, United States of America)
The human rights situation in Belarus, mandate renewal (EU)
The human rights situation in Eritrea, mandate renewal (EU)
Negative impact of corruption on the enjoyment of human rights ( Austria, Argentina, Brazil, Ethiopia, Indonesia, Morocco, Poland, United Kingdom of Great Britain and Northern Ireland)
Enhancement of international cooperation in the field of human rights (Azerbaijan on behalf of NAM)
New and emerging digital technologies and human rights (Austria, Brazil, Denmark, Morocco, Republic of Korea, Singapore)
Human rights of migrants (Mexico)
Impact of arms transfers on human rights (Ecuador, Peru)
Civil society space (Chile, Ireland, Japan, Sierra Leone, Tunisia)
Realizing the equal enjoyment of the right to education by every girl (UAE, UK)
Preventable maternal mortality and morbidity (Colombia, New Zealand, Estonia)
The promotion, protection and enjoyment of human rights on the Internet (Brazil, Nigeria, Sweden, Tunisia, United States of America)
Accelerating efforts to eliminate all forms of violence against women (Canada)
Right to education (Portugal)
Adoption of Universal Periodic Review (UPR) reports
During this session, the Council will adopt the UPR working group reports on Federated States of Micronesia, Lebanon, Mauritania, Saint Kitts and Nevis, Australia, Saint Lucia, Nepal, Oman, Austria, Myanmar, Rwanda, Georgia, Sao Tome and Principe and Nauru.
ISHR supports human rights defenders in their interaction with the UPR. We publish and submit 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. Seven panel discussions are scheduled for this upcoming session:
High-level panel discussion on the multisectoral prevention of and response to female genital mutilation
Panel discussion on the tenth anniversary of the Guiding Principles on Business and Human Rights
Panel discussion on the human rights of older persons in the context of climate change [accessible panel]
Annual full-day discussion on the human rights of women, one on violence against women and girls with disabilities, and another on gender-equal socioeconomic recovery from the COVID-19 pandemic
Quadrennial panel discussion on promoting human rights through sport and the Olympic ideal [accessible panel]. Theme: The potential of leveraging sport and the Olympic ideal for promoting human rights for young people
Annual thematic panel discussion on technical cooperation and capacity-building. Theme: Technical cooperation to advance the right to education and ensure inclusive and equitable quality education and lifelong learning for all
Two Chinese human rights lawyers serving jail sentences for “inciting subversion of state power,” Yu Wensheng (L) and Qin Yongpei (R), were permitted limited visits with their families, May 10, 2021. Yu Wensheng/Qin Yongpei
Jailed Chinese rights lawyer Yu Wensheng, who was held incommunicado for three years and sentenced to jail for “incitement to subvert state power,” was allowed a visit from relatives at the weekend, his wife said. Yu’s young son was allowed to visit his father in Nanjing Prison on May 9, along with his mother Xu Yan, Xu told RFA.
The couple’s son spoke with Yu by phone from behind a glass partition during the half-hour visit, Xu said.
“Yu Wensheng had a very good chat with our son,” she said. “Both them were laughing a lot, and there was no sense of strangeness.”
“Our son told his father that he missed him, and Yu was happy to hear that,” she said. “Yu told him that he had wanted to spend more time with him … and apologized for not being there longer than three years.”
Yu was just another corporate lawyer in a fast-rising Chinese economy. But when he decided to take on human rights cases and ask for constitutional reform in his country, he drew the ire of one of the most powerful regimes in the world. Yu has been detained, harassed, and convicted in secret. While in custody, he has been tortured and denied medical care and family visits. His wife, Xu Yan, who Yu has not seen in person for 3 years, herself has become an icon. She has taken up the mantel of human rights defense and is currently studying law. Yu’s fight for due process has completely upended his life. [https://humanrightsdefenders.blog/2021/01/21/mea-nominee-yu-wensheng-in-poor-health-after-years-in-prison/]
With cartoons by Patrick Chappatte, music by Gaspard Sommer and choreography by the Ballet Junior of Genève. An evening hosted by the journalist Catherine Sommer – in French and English – and broadcast on https://www.martinennalsaward.org/
Yu Wensheng was detained in Beijing in January 2018 in front of his young son just hours after he wrote an open letter calling for constitutional reforms, including multi-candidate elections.
“His physical state is very poor. His right hand is deformed and trembles so much that he cannot write,” his wife Xu Yan told AFP. Last week, she was allowed to have a 25-minute video call with her husband, who is being held in a detention centre in the eastern province of Jiangsu. It was their first such meeting in three years, she said. Four of Yu’s teeth were missing and he was unable to chew food properly, Xu said, and that there was no heating in the detention centre.. “There are probably a lot of things he cannot say right now, we will only know the full extent of what he experienced after he is released,” she said.
Xu said her husband’s nomination “not only supports and honours (him), but is also encouragement and affirmation to other human rights lawyers and defenders”. Yu’s defence lawyer Lu Siwei had his legal licence revoked by authorities last week after handling several sensitive human rights cases..
Beijing denied knowledge of either Yu or the Martin Ennals Award on Tuesday. “There are indeed some people abroad who are always using human rights as a pretext to create a disturbance,” said foreign ministry spokeswoman Hua Chunying at a regular briefing on Tuesday. “I think this behaviour has no meaning whatsoever.”
Today 18 January 2021, the Martin Ennals Foundation announced that three outstanding human rights defenders based in authoritarian states are nominated for the 2021 Martin Ennals Award.
In isolated Turkmenistan, Soltan Achilova documents human rights violations and abuses through photojournalism.
Imprisoned in Saudi Arabia, Loujain AlHathloul is a leading advocate for gender equality and women’s rights.
A lawyer, Yu Wensheng defended human rights cases and activists before his conviction and imprisonment in China.
The Finalists distinguish themselves by their bravery and deep commitment to the issues they defend, despite the many attempts to silence them by respective governmental authorities. The 2021 Martin Ennals Award Ceremony will celebrate their courage on 11 February during an online ceremony hosted jointly with the City of Geneva which, as part of its commitment to human rights, has for many years supported the Award. “Every year thousands of human rights defenders are persecuted, harassed, imprisoned, even killed. The Martin Ennals Foundation is honored to celebrate the 2021 Finalists, who have done so much for others and whose stories of adversity are emblematic of the precarity faced by the human rights movement today”, says Isabel de Sola, Director of the Martin Ennals Foundation.
“Authoritarian states tend to believe that by jailing or censoring human rights defenders, the world will forget about them. During the COVID-pandemic, it seemed like lockdowns would successfully keep people from speaking out. This year’s Finalists are a testament to the fact that nothing could be further from the truth”, says Hans Thoolen, Chair of the Jury.
In Turkmenistan, one of the world’s most isolated countries, freedom of speech is inexistent and independent journalists work at their own peril. Soltan Achilova (71), a photojournalist, documents the human rights abuses and social issues affecting Turkmen people in their daily lives. Despite the repressive environment and personal hardships, she is one of the very few reporters in the country daring to sign independent articles.
In Saudi Arabia, women still face several forms of gender discrimination, so much so, that the Kingdom ranks in the bottom 10 places according to the World Economic Forum’s Global Gender Gap Report 2020. Loujain AlHathloul (31) was one of the leading figures of the Women to drive movement and advocated for the end of the male guardianship system. She was imprisoned in 2018 on charges related to national security together with several other women activists. Tortured, denied medical care, and subjected to solitary confinement, Loujain was sentenced to 5 years and 8 months in prison on 28 December 2020. [see: https://humanrightsdefenders.blog/tag/loujain-al-hathloul/]
In China, more than 300 human rights activists and lawyers disappeared or were arrested in 2015 during the so called 709 Crackdown. A successful business lawyer, Yu Wensheng (54) gave up his career to defend one of these detained lawyers, before being arrested himself. Detained for almost three years now, Yu Wensheng’s right hand was crushed in jail and his health is failing. [see also: https://humanrightsdefenders.blog/2019/06/26/lawyers-key-to-the-rule-of-law-even-china-agrees-but-only-lip-service/]
Online Award Ceremony on 11 February 2021
The 2021 Martin Ennals Award will be given to the three Finalists on 11 February 2021 at an online ceremony co-hosted by the City of Geneva (Switzerland), a long-standing supporter of the Award. “The City of Genevareaffirmsits support to human rights, especially during these times of crisis and upheaval. Human rights are the foundation of our society, not even the pandemic will stop us from celebrating brave persons who have sacrificed so much”, says Member of the executive Alfonso Gomez.