UN Human Rights Council: key outcomes of the 38th ordinary session

UN Human Rights Council: key outcomes of the 38th ordinary session

The ICJ today joined other NGOs in highlighting key outcomes of the 38th ordinary session of the UN Human Rights Council.

The statement, delivered by International Service for Human Rights (ISHR) at the end of the session, read as follows (text in italics was not read aloud due to the limited time available):

“Our organisations welcome the adoption of the resolutions on civil society space, peaceful protest, on violence against women and girls and on discrimination against women and girls and the Council’s rejection of attempts to impede progress on protecting civic space, peaceful protest and the rights to sexual and reproductive health.

On civil society space, the resolution recognizes the essential contribution that civil society makes to international and regional organisations and provides guidance to States and organisations on improving their engagement with civil society. On peaceful protest, it sets out in greater detail how international law and standards protect rights related to protests.

On violence against women and on discrimination against women, we consider that ensuring sexual and reproductive health and rights are vital in efforts to combat violence and discrimination against women, online and offline, as well as to ensure targeted and specific remedies to victims. We appreciate that the work of women human rights defenders towards this is recognised.

We consider the adoption of the resolution on the contribution of the Council to the prevention of human rights violations as an important opportunity to advance substantive consideration on strengthening the Council’s ability to deliver on its prevention mandate.

Following challenging negotiations, we welcome the adoption by consensus of the resolution on human rights and the Internet, reaffirming that the same rights that people have offline must also be protected online, and calling on States to tackle digital divides between and within countries, emphasising the importance of tools for anonymity and encryption for the enjoyment of human rights online, in particular for journalists, and condemning once more all measures that prevent or disrupt access to information online.

We welcome continued Council attention to Eritrea‘s abysmal human rights record. This year’s resolution, while streamlined, extends expert monitoring of, and reporting on, the country and outlines a way forward for both engagement and human rights reform. We urge Eritrea to engage in long-overdue meaningful cooperation.

We welcome the renewal of the mandate of the Special Rapporteur on Belarus under item 4 with an increased vote – as it is still the only independent international mechanism to effectively monitor human rights violations in Belarus – while remaining concerned over a narrative to shift the mandate to item 10 in the absence of any systemic change in Belarus.

We welcome the consensus resolution on the DRC, putting in place continued monitoring and follow up on the expert’s recommendations on the Kasais. However, given violations and abuses throughout several regions in the country, occurring against the backdrop of an ongoing political crisis, delayed elections, and the brutal quashing of dissent, we urge the Council to promptly move towards putting in place a country-wide mechanism that can respond to events on the ground as they emerge.

We welcome the strong resolution on Syria, which condemns violations and abuses by all parties, and appropriately addresses concerns raised by the COI about the use of chemical weapons, sexual and gender-based violence, and the need to address situations of detainees and disappearances. The Council cannot stay silent in the face of continued atrocities as the conflict continues unabated into its seventh year.

We welcome the joint statements delivered this session on Cambodia, the Philippines, and Venezuela. We urge Council members and observers to work towards increased collective action to urgently address the dire human rights situations in these countries.

On the Philippines, we emphasise that the Council should establish an independent international investigation into extrajudicial killings in the ‘war on drugs’ and mandate the OHCHR to report on the human rights situation and on moves toward authoritarianism.

The joint statement on Cambodia represents a glimmer of hope after the Council’s failure to take meaningful action against clear sabotage of democratic space ahead of elections. Close scrutiny of the human rights situation before, during and after the elections is paramount and the Council must take immediate action on current and future human rights violations in this regard.

We welcome the joint statement delivered by Luxembourg calling on the HRC President to provide  oral updates on cases of alleged intimidation or reprisal, including actions taken, at the start of the Item 5 general debate of each Council session and also provide States concerned with the opportunity to respond.

Finally, the new Council member to replace the United States of America should demonstrate a principled commitment to human rights, to multilateralism and to addressing country situations of concern by applying objective criteria.

 

Signatories:

  1. Asian Forum for Human Rights and Development (FORUM-ASIA)
  2. The Association for Progressive Communications
  3. The Center for Reproductive Rights (CRR)
  4. CIVICUS: World Alliance for Citizen Participation
  5. DefendDefenders (the East and Horn of Africa Human Rights Defenders Project)
  6. Human Rights House Foundation (HRHF)
  7. International Commission of Jurists (ICJ)
  8. The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA)
  9. International Service for Human Rights (ISHR)
NGOs urge open debate on non-cooperating countries at UN (UN statement)

NGOs urge open debate on non-cooperating countries at UN (UN statement)

The ICJ today joined other NGOs in urging open discussion and debate about countries at the UN Human Rights Council in Geneva, including in discussions of cooperation, despite attempts by some States to interrupt and suppress debate.

The statement was delivered in a General Debate on items 2 and 10 of the Council, by Asian Forum for Human Rights and Development (FORUM-ASIA) on behalf of the group of NGOs. It read as follows:

“Thank you, Mr. President. While we appreciate the importance of technical cooperation, we wish to stress that a debate on technical cooperation will be incomplete if it does not address non-cooperation and country situations that have worsened despite technical cooperation. We are alarmed by efforts to restrict discussion on such situations by some states under Agenda Item 10, including for instance by (the Bolivarian Republic of) Venezuela earlier today.

While we recognise that all delegations including NGOs are required to speak on the topic under discussion, we are deeply concerned when NGOs making relevant statements are interrupted and not given a chance to explain the relevance of their statement, and in some cases are even prevented from finishing the statement. This has happened even when an NGO is speaking specifically on concerns addressed by UN reports listed for discussion in the relevant debate. Statements on Cambodia during the March session of the Council are recent examples.

The concept of international cooperation should never be invoked to shut down any criticism of human rights situations in individual countries. Cooperation cannot succeed without accountability. To be effective, debates on technical assistance and capacity building must be open to frank discussion of the true gravity, character and extent of on-going violations in the country in question, as well as the impact or lack of impact of any assistance already undertaken.

Thank You”

Asian Forum for Human Rights and Development (FORUM-ASIA)

Cairo Institute for Human Rights Studies

Conectas Direitos Humanos

Freedom House

Human Rights House Foundation

Human Rights Watch

International Commission of Jurists

International Humanist and Ethical Union (IHEU)

International Service for Human Rights (ISHR)

Venezuela’s Downward Spiral – Human Rights Council action needed (UN statement)

Venezuela’s Downward Spiral – Human Rights Council action needed (UN statement)

The ICJ today joined 91 other NGOs in calling on the UN Human Rights Council to act in response to the downward spiral for human rights in Venezuela.

The joint statement was delivered on behalf of the group by Human Rights Watch during a general debate (check against delivery).

“Spiralling downwards with no end in sight”: That’s how a group of UN Special Procedures, including the Special Rapporteurs on health, adequate housing, extreme poverty and food categorized Venezuela in January of this year. This is also the title of a report released by the OHCHR on June 22, which paints a devastating picture of arbitrary detentions and extrajudicial killings coupled with a severe shortage of food and basic medicines.

One Venezuelan mother interviewed by OHCHR said: “I have a little baby that cries and cries because I can´t feed her. The baby’s milk formula costs 3 million Bolivars and my husband only makes 1.2 million a month. (…) My neighbours told me that if I don’t vote for the Government they will take the food, the cash bonus and my house from me. They control the electoral authority, so they know for which party you vote.”

The UN Human Rights Council can no longer look away. Venezuela has spiralled into a human rights and humanitarian crisis that demands urgent action. The crackdown on dissent continues. The population has lost an average of 11 kilos in 2017. Most Venezuelans go to bed hungry, and according to the UNHCR, more than 1.5 million Venezuelans have fled the country, for reasons including political persecution, violence, and the ongoing humanitarian crisis. As a result, a 2,000 percent increase in asylum applications has been recorded across Latin America since 2014, and hundreds of thousands remain in an irregular situation, which increases their vulnerability.

Today’s joint statement delivered by Peru on behalf of 53 States adds to the chorus of international concern. The Human Rights Council also needs to step up and address the human rights violations suffered by the Venezuelan people at the hands of a member of this Council. We encourage continued reporting by the High Commissioner, and hope that today’s joint statement paves the way for the international investigation that the High Commissioner has called for and which is so desperately needed.

Acceso a la Justicia

Acción Solidaria

ACCSI Acción Ciudadana Contra el SIDA

Action for Solidarity

African Centre for Democracy and Human Rights Studies

ALAPLAF

Ana Belloso

ASOADNA

Asociación Civil Fuerza, Unión, Justicia, Solidaridad y Paz (FUNPAZ)

Aula Abierta

Canada Venezuela Democracy Forum

Cátedra de Derechos Humanos de la Universidad Centrooccidental Lisandro Alvarado

Center for Justice and International Law

Centro de Acción y Defensa por los Derechos Humanos – Cadef

centro de Derechos Humanos de la Universidad Metropolitana (CDH-UNIMET)

Centro de Derechos Humanos, Universidad Católica Andrés Bello

Centro de Documentación en Derechos Humanos “Segundo Montes Mozo S.J.” (CSMM)

Centro de Formación para la Democracia (CFD Venezuela)

Centro de Justicia y Paz – CEPAZ

Centro de Promoción y Defensa de los Derechos Sexuales y Reproductivos – PROMSEX

Centro para la Paz y los DDHH de la Universidad Central de Venezuela

Centro para la Paz y los DDHH Universidad Central de Venezuela

Centro Regional de derechos Humanos y Justicia de Genero: Corporación Humanas

Cisfem

CIVICUS

Civilis Derechos Humanos

Clínica Jurídica de Migrantes y Refugiados de la Universidad Diego Portales

Codevida

Comisión de Derechos Humanos de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia

Comisión de Derechos Humanos de la Federación de Colegios de Abogados de Venezuela del Estado Tachira

Comisión para los Derechos Humanos del estado Zulia, Codhez

Comisión para los Derechos Humanos y la Ciudadanía (CODEHCIU)

COMITE POR UNA RADIOTELEVISIÓN DE SERVICIO PÚBLICO

Conectas Direitos Humanos

Convite AC

Coordinadora Nacional de Derechos Humanos

Defensa y Justicia Carabobo

Defiende venezuela

Dejusticia

Epikeia, Observatorio Universitario de Derechos Humanos

Espacio Público

EXCUBITUS derechos humanos en educacion

FADNNA

Federación interamericana de Abogados capitulo Venezuela seccional Anzoategui

Foro Penal

Franciscans International

Fundacion Aguaclara

Fundación Espacio Abierto

FUNDACION ETNICA INTEGRAL

Fundación Niños, Niñas y Adolescentes

Fundación para el Debido Proceso (DPLF)

Fundamujer

Humano Derecho Radio Estacion

Human Rights Watch

Iniciativa Por Venezuela

Institute on Race, Equality and Human Rights

International Commission of Jurists

International Movement Against All Forms of Discrimination and Racism (IMADR)

International Service for Human Rights

Ipys Venezuela

Juventud Unida en Acción

Laboratorio de Paz

Madres de Soacha (Colombia)

María Estrella de la Mañana

Maria Eugenia

Misión Scalabriniana Ecuador

Monitor Social A.C. (Venezuela-Edo. Nva Esparta)

Movimiento Vinotinto

Mulier

Observatorio de Derechos Humanos de la Universidad de Los Andes

Observatorio Venezolano de Conflictividad Social (OVCS)

Observatorio Venezolano de la Salud

Organización StopVIH

PADF Honduras

Padres organizados de Venezuela

Paz y Esperanza

Pedro Luis Echeverria

PEDRO NIKKEN

Prepara Familia

Promoción Educación y Defensa en DDHH (PROMEDEHUM)

Revista SIC del Centro Gumilla

Robert F Kennedy Human Rights

Seguridad en Democracia (SEDEM)

Sin Fronteras IAP

Sinergia, Red Venezolana de Organizaciones de la Sociedad Civil

Thais Parra

Transparencia Venezuela

UCV

Una Ventana a la Libertad

Unión Afirmativa de Venezuela

Union Vecinal para la Participación Ciudadana A.C

West African Human Rights Defenders Network

World Organisation Against Torture (OMCT)

 

Sri Lanka and Colombia: action needed to end impunity (UN Statement)

Sri Lanka and Colombia: action needed to end impunity (UN Statement)

The ICJ today highlighted at the UN the need for further action to address impunity in Sri Lanka and in Colombia.

The statement, delivered in a general debate at the UN Human Rights Council, responded to UN reports on Sri Lanka and Colombia, and read as follows:

Sri Lanka has not made sufficient progress on its commitments and obligations as reflected in Council resolution 30/1. Among the mechanisms contemplated, only the Office on Missing Persons (OMP) is operational. The process for establishing the other mechanisms, and the extent to which their composition will be based on the broad national public consultations carried out in 2016, remains unclear. The ICJ reiterates that, in line with operative paragraph 6 of resolution 30/1, the accountability mechanism cannot be seen as credible without involvement of international judges, prosecutors and investigators.

Furthermore, despite promises to repeal the Prevention of Terrorism Act (PTA), arrests still take place. As the High Commissioner recommended, the PTA should be promptly repealed without waiting for replacement legislation. Any proposed counterterrorism law must comply with international human rights standards.

In Colombia, the ICJ shares OHCHR’s deep concern about the exclusion of non-military State agents and private individuals from the scope of mandatory application of the Integrated System of Justice, Truth, Reparations and Guarantees of Non-repetition (per paragraph 90 of the Report). Furthermore, four months of unjustified delay by the Government in accrediting the new representative of the OHCHR Office, which ended only yesterday, undermined the ability of the Office to provide adequate technical assistance to guarantee victims’ rights in the Integrated System, as provided for by the Peace Agreement.”

[Paragraph 6 of Human Rights Council resolution 30/1 provides that the Council, “Welcomes the recognition by the Government of Sri Lanka that accountability is essential to uphold the rule of law and to build confidence in the people of all communities of Sri Lanka in the justice system, notes with appreciation the proposal of the Government of Sri Lanka to establish a judicial mechanism with a special counsel to investigate allegations of violations and abuses of human rights and violations of international humanitarian law, as applicable; affirms that a credible justice process should include independent judicial and prosecutorial institutions led by individuals known for their integrity and impartiality; and also affirms in this regard the importance of participation in a Sri Lankan judicial mechanism, including the special counsel’s office, of Commonwealth and other foreign judges, defence lawyers and authorized prosecutors and investigators;”]

 

 

Brazil: killing of human rights defender Marielle Franco (UN statement)

Brazil: killing of human rights defender Marielle Franco (UN statement)

The ICJ today joined other NGOs in condemning and calling for proper investigation of the killing of human rights defender Marielle Franco in Brazil, at the Human Rights Council.

The statement read as follows:

“Protection of human rights defenders is key to the implementation of the Vienna Declaration on Human Rights.

City councilwoman Marielle Franco and Anderson Gomes were brutally killed on 14 March in Rio de Janeiro, Brazil. Her mandate focused on structural racism and police violence suffered by the poor, black and young in favelas, and on the empowering black women and the LGBTI community.

She was appointed as parliamentary rapporteur to oversee the abuses of the highly militarized federal intervention in Rio, decreed by the President, against the will of the community, and under concerns by the High Commissioner.

Many who speak truth to power in Brazil are facing unprecedented violence and stigmatization, as the country ranks at the top in defenders’ deaths. The defenders’ protection program remains underfunded and understaffed.

Marielle’s strength, engagement and sorority serve as a source of inspiration for the work on the promotion and protection of the rights of the most marginalized groups.

We urge Brazil to ensure a prompt, impartial and independent investigation, bringing those responsible to justice, by seriously exploring the hypothesis on an extrajudicial execution, and to provide effective protection to the survivors of this attack.”

The full statement together with a list of the organisations joining it, may be downloaded here: UN-HRC37-JointStatement-GD8-Brazil-2018

 

Peru and the fight against impunity (UN Statement)

Peru and the fight against impunity (UN Statement)

The ICJ today spoke at the United Nations on impunity and the situation for human rights in Peru.

The oral statement was made during the discussion at the Human Rights Council of the Universal Periodic Review outcome for Peru. It read as follows (translation from the original Spanish):

“Mr President,

The International Commission of Jurists (ICJ) recognizes the progress made by the Peruvian State in the field of human rights and its openness in relation to the recommendations made in the current cycle of the Universal Periodic Review.

The ICJ regrets, however, that the investigation and punishment of those responsible for the serious human rights violations that occurred during the internal armed conflict have not received the attention they deserve. On the contrary, the fight against impunity has receded with the granting of pardon and presidential grace to former president Alberto Fujimori who was serving a prison sentence for a series of crimes against humanity committed during his term. The presidential grace grants immunity from investigations and prosecutions in course or to be opened in the future.

One of the recommendations (111.97) that Peru accepts with qualifications refers to investigations and reparations to the thousands of women who suffered forced sterilization during the Fujimori administration. The measures of pardon and grace granted would exonerate Fujimori from investigation and punishment for this and other serious crimes. The ICJ urges the Peruvian State to implement the recommendations of the international community with full respect for international standards that prohibit impunity for serious violations of human rights.

Thank you Mr President.”

 

The ICJ oral statement complements a related written statement by the ICJ at the session.

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