Successes and Failures of the 39th Session of the UN Human Rights Council

Successes and Failures of the 39th Session of the UN Human Rights Council

The ICJ joined other civil society organisations in addressing the UN Human Rights Council, on the successes and failures of its 39th session, concluding today.

The statement, read by International Service for Human Rights (ISHR), was as follows:

“This session, the Council adopted landmark resolutions on several country situations, further enhancing its contribution to the protection of human rights.

On Myanmar, we welcome the creation of the independent investigative mechanism, which is an important step towards accountability for the horrific crimes committed in Myanmar, as elaborated in the FFM’s report to this session. The overwhelming support for the resolution, notwithstanding China’s shameful blocking of consensus, was a clear message to victims and survivors that the international community stands with them in their fight for justice.

On Yemen, the Council demonstrated that principled action is possible, and has sent a strong message to victims of human rights violations in Yemen that accountability is a priority for the international community, by voting in favour of renewing the mandate of the Group of Eminent Experts to continue international investigations into violations committed by all parties to the conflict.

Furthermore, we welcome the leadership by a group of States on the landmark resolution on Venezuela, and consider it as an important step for the Council applying objective criteria to address country situations that warrant its attention. The resolution, adopted with support from all UN regions, sends a strong message of support to the Venezuelan people. By opening up a space for dialogue at the Council, the resolution brings scrutiny to the tragic human rights and humanitarian crisis unfolding in the country.

While we welcome the renewal of the mandate of the Commission of Inquiry (CoI) on Burundi,  to continue its critical investigation and work towards accountability, however we regret that the Council failed to respond more strongly to Burundi’s record of non-cooperation and attacks against the UN human rights system.

We also welcome the Council’s adoption of the resolution on Syria, which among other things condemns all violations and abuses of international human rights law and all violations of international humanitarian law committed by all parties to the conflict.

However, on other country situations including China, Sudan, Cambodia and the Philippines, the Council failed to take appropriate action.

On Sudan, we are deeply concerned about the weak resolution that envisions an end to the Independent Expert’s mandate once an OHCHR office is set up; a “deal” Sudan has already indicated it does not feel bound by, and which is an abdication of the Council’s responsibility to human rights victims in Sudan while grave violations are ongoing. At a minimum, States should ensure the planned country office monitors and publicly reports on the human rights situation  across Sudan, and that the High Commissioner is mandated to report to the Council on the Office’s findings.

We also regret the lack of concerted Council action on the Philippines, in spite of the need to establish independent international and national investigations into extrajudicial killings in the government’s ‘war on drugs’, and to monitor and respond to the government’s moves toward authoritarianism.

In addition, we regret the Council’s weak response to the deepening  human rights and the rule of law crisis in Cambodia, failing to change its approach even when faced with clear findings by the Special Rapporteur demonstrating that the exclusive focus on technical assistance and capacity building in the country is failing.

We share the concerns that many raised during the session, including the High Commissioner, about China’s own human rights record, specifically noting serious violations of the rights of Uyghurs and other predominantly Muslim minorities in Xinjiang province. It is regrettable that States did not make a concrete and collective call for action by China to cease the internment of  estimates ranging up to 1 million individuals from these communities.

On thematic resolutions, we welcome the adoption of the resolution on equal participation in political and public affairs but would have preferred a stronger endorsement and implementation of the Guidelines.

The resolution on safety of journalists, adopted by consensus, sets out a clear roadmap of practical actions to end impunity for attacks. Journalism is not a crime – yet too many States in this room simply imprison those that criticize them. This must end, starting with the implementation of this resolution.

We welcome the adoption by consensus of the resolution on preventable maternal mortality and morbidity and human rights in humanitarian settings. Women and girls affected by conflict have been denied accountability for too long. The implementation of this resolution will ensure that their rights, including their sexual and reproductive health and rights, are respected, protected and fulfilled.

Finally, the Council’s first interactive dialogue on reprisals was an important step to ensure accountability for this shameful practice, and we urge more States to have the courage and conviction to stand up for defenders and call out countries that attack and intimidate them.”

Signatories:

  1. The African Centre for Democracy and Human Rights Studies (ACDHRS)
  2. Amnesty International
  3. Article 19
  4. Center for Reproductive Rights
  5. CIVICUS
  6. DefendDefenders
  7. FIDH
  8. Forum Asia
  9. Human Rights House Foundation (HRHF)
  10. Human Rights Watch
  11. International Commission of Jurists
  12. International Service for Human Rights (ISHR)

 

Rights groups welcome African Commission’s decision to uphold complaint of human rights defenders tortured in Sudan

Rights groups welcome African Commission’s decision to uphold complaint of human rights defenders tortured in Sudan

The ICJ and other rights groups welcome the decision Africa’s main human rights treaty body has made which recognizes Sudan’s obligation to protect human rights defenders and to ensure that their work promoting and protecting the rights of others is not hindered or frustrated.

The ICJ, the International Federation for Human Rights (FIDH), the World Organisation against Torture (OMCT), the African Centre for Justice and Peace Studies (ACJPS) and REDRESS hail the important decision of the African Commission on Human and Peoples’ Rights (ACHPR), published on 13 February 2015, which called on Sudan to effectively investigate and prosecute the security and intelligence officers alleged to be responsible for the arbitrary arrest, torture and ill-treatment of three prominent human rights defenders; to reopen and unfreeze the bank accounts of a human rights organization shut down in connection with the case and to pay them compensation.

Human rights defenders Monim Elgak, Amir Suliman and the late Osman Hummaida were targeted for their supposed cooperation with the International Criminal Court in a pending case against the President of Sudan Omar Al Bashir (photo) arising from international crimes committed in Sudan’s Darfur region.

The three human rights defenders were arrested on 24 November 2008 by Sudan’s National and Intelligence Services (NISS) and subjected to torture and ill-treatment for three days.

After their release, they were effectively forced to flee Sudan because of their fear of further persecution, given the impunity enjoyed by the security and intelligence services and the inaction of the Sudanese government.

Suliman was Director of the Khartoum Centre for Human Rights and Environmental Development (KCHRED), which in 2009 was shut down by the Sudanese authorities and had its bank accounts frozen.

Hummaida, an ardent advocate for human rights who founded the Khartoum Centre and set up the ACJPS in Uganda, after his release, to ensure continued reporting of the human rights situation in Sudan, died in 2014.

The complainants turned to the ACHPR in 2009. The Commission found their complaint admissible in 2012, agreeing that the Sudanese justice system prevented them from obtaining redress in Sudan.

OMCT and FIDH intervened on their behalf at the ACHPR and the complaint was supported by the ICJ, ACJPS and REDRESS.

Reacting to the decision, Amir Suliman, Legal Programme Coordinator of ACJPS and complainant in the case, said: “The African Commission’s decision is an important recognition of the harm caused not only in our own case but the daily harm caused to the Sudanese people through the actions of the security and intelligence services. It also highlights the lack of effective safeguards against torture and remedies for victims.”

Monim El Jak, complainant in the case and Acting Chairperson of the Commission for the Protection of Civilian and Human Rights in the conflict zones of Southern Kordofan and Blue Nile, said: “We hope this decision will make the Sudanese government stop and reflect on its ongoing crackdown on civil society groups and human rights activists and also helps to put an end to other human rights violations.”

The UN Human Rights Defenders Declaration establishes that states must take effective measures to facilitate the work of human rights defenders and protect their rights.

Gerald Staberock, OMCT Secretary General, added: “The ruling sends a powerful message against torture and for the protection of those who fight torture and impunity in Sudan and in Africa. Sudan has now to fully implement and comply with this ruling providing reparations. It is time for all to recognize the vital role human rights and anti-torture activists play for the benefit of their societies.”

Karim Lahidji, the FIDH President, said: “The decision of the African Commission is significant and comes in a context where Sudanese human rights defenders continue to work in an environment that is marked by extreme insecurity and rampant impunity. Sudan must ensure that reprisals against those advocating for justice and fundamental rights and freedoms are no longer tolerated and unpunished.”

Arnold Tsunga, ICJ Africa Regional Programme Director, said: “The Government of Sudan must now expeditiously comply with the findings of the African Commission to provide reparation to the victims, as well as to ensure guarantees of non-repetition.”

Lutz Oette, REDRESS Counsel, added: “Human rights defenders continue to be harassed, arbitrarily arrested, detained, and prosecuted in Sudan, or driven into exile. The African Commission’s decision is a timely reminder of Sudan’s obligations to protect human rights defenders, and to put a stop to its current practice.”

Contact:

Arnold Tsunga, ICJ Africa Regional Programme Director, t +27 73 131 8411, e arnold.tsunga(a)icj.org

 

Darfur: warrant of arrest against Sudanese President

Darfur: warrant of arrest against Sudanese President

The ICJ today welcomed the decision to issue a warrant of arrest against the President of Sudan, Omar Hassan Ahmad Al Bashir, for crimes against humanity and war crimes.

This first decision, in which an international tribunal has sought the arrest of a sitting head of State, is a significant step forward towards breaking the cycle of impunity and bringing justice to victims in Darfur.

 

Sudan-Breaking the cycle of impunity and bringing justice to victims in Darfur-Press releases-2009 (full text, PDF)

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