Universal Periodic Review on Human Rights -- Outcome Adoption for Hungary

Delivered by Nicola Paccamiccio

Thank you, Mr President.

Mr President, CIVICUS welcomes the government of Hungary's engagement with the UPR process.

Since its last review, Hungary failed to implement any of its 33 recommendations relating to civic space. We regret that Hungary accepted just 13 of the 31 civic space recommendations it received during this cycle.

Space for civil society is increasingly being restricted in Hungary.

Civil Society Organisations (CSOs) have faced ongoing attempts to restrict their funding. Although the government repealed the Lex-NGO foreign funding law which was declared unlawful by the European Court of Justice in June 2020, it adopted a new law that threatens the work of NGOs by permitting the State Audit Office to selectively audit NGOs which have a budget that exceeds 20 million forints (55,000 Euros).

The Hungarian government also gave up 2,3 billion Norwegian kroner (€220 million) which it was set to receive from the European Economic Area (EEA) and Norway Grants for civil society. It set up the Urban Civic Fund (Városi Civil Alap) to replace the Norway Grants which has been financing ‘NGOs’ directly controlled by or linked to politicians of the Fidesz governing party.

The ongoing erosion of LGBTQI+ rights remains a concern, with the government passing several restrictive pieces of legislation which directly target LGBTQI+ people. The latest anti-LGBTQI propaganda law bans LGBTQI+ media, advertising and educational materials and has resulted in limiting freedom of expression and association for LGBTQI+ focused CSOs.

Media independence has been repeatedly threatened as a result of ongoing political influence over Hungary’s media regulatory bodies, with the government's control over the National Media and Communications Authority (NHHH) and its Media Council resulting in diminishing space for independent media. We particularly regret that Hungary did not accept recommendations to take specific measures to ensure media freedom.

Independent media have frequently been denied access to information; however, this practice has  further worsened during the COVID-19 pandemic. For example, journalists report being denied access to interview health experts and being barred from hospitals, with the government recently passing a decree stating that only the Operational Tribunal, the government centre in charge of managing the pandemic, would decide on press and media accreditation for journalists to access hospitals. 

A recent investigation revealed that the government used Pegasus spyware to surveil investigative journalists.

Mr President, CIVICUS calls on the Government of Hungary to take concrete steps to address these concerns, including by withdrawing restrictive legislation and amendments that restrict the activities of civil society organisations and their funding and refraining from obstructing the work of independent journalists.

We thank you.

 Civic space in Hungary is rated as obstructed by the CIVICUS Monitor

Statement at the 49th Session of the UN Human Rights Council

Item 4 General Debate

Delivered by Lisa Majumdar

Statement at the 49th Session of the UN Human Rights Council

Summary: ARTICLE 19, the Centre for Independent Journalism (CIJ), CIVICUS: World Alliance for Citizen Participation, and Suara Rakyat Malaysia (SUARAM) made this oral statement during the Item 4 General Debate at the 49^th Session of the UN Human Rights Council.

Statement at the 49th Session of the UN Human Rights Council

Statement at the 49th Session of the UN Human Rights Council

Joint NGO Statement under item 4 on the human rights situation in Russia

Delivered by Dave Elseroad, Human Rights House Foundation 

I make this joint statement on behalf of Human Rights House Foundation, Amnesty International, CIVICUS, Human Rights Watch and the International Federation for Human Rights.

A year after last year’s joint statement on the situation in Russia, authorities there have further intensified the already unprecedented crackdown. A fully-fledged witch hunt against independent groups, media outlets and journalists, and political opposition, is decimating civil society and forcing many into exile.

In a shocking development, the authorities moved to shut down “Memorial,” one of the country’s most authoritative human rights organisations. At the end of December, courts ruled to “liquidate” the group’s key legal entities, International Memorial Society and Human Rights Center Memorial over alleged persistent noncompliance with the repressive legislation on “foreign agents.”  

The rulings came at the end of a particularly terrible year for human rights, during which authorities threw top opposition figure Alexei Navalny in prison, banned three organisations affiliated with him as “extremist,” launched criminal proceedings against several of his close associates, doubled down on Internet censorship, and designated more than 100 journalists and activists as "media-foreign agents."

Recent months also saw a dramatic escalation of repression in Chechnya, where Russian law and international human rights obligations have been emptied of meaning. With the Kremlin’s blessing, the local governor, Ramzan Kadyrov has been eviscerating all forms of dissent in Chechnya, often using collective punishment. In December 2021, Kadyrov opened a brutal offensive against his critics in the Chechen diaspora, by having the police  arbitrarily detain dozens of their Chechnya-based relatives. It continued in January with the abduction and arbitrary detention on fabricated charges of Zarema Musaeva, mother of human rights lawyer Abubakar Yangulbaev, and death threats issued against the Yangulbaevs family and some prominent human rights defenders and journalists.

It is crucial the High Commissioner and members of this Council press the Russian authorities to reverse the course of the unprecedented human rights crackdown, and appoint a dedicated Special Rapporteur to monitor and report on the human rights situation in Russia.

  Civic space in Russia is rated as repressed by the CIVICUS Monitor 

Statement at the 49th Session of the UN Human Rights Council

Item 4: Interactive Debate on the High Commissioner’s report on Myanmar

Delivered by Lisa Majumdar

Thank you Mr President, and Madame High Commissioner.

In Myanmar, a human rights catastrophe is compounded by a humanitarian emergency.

For the past year, civil servants mobilised alongside students and the workers’ movement to resist the military’s attempt to seize control. In response, the Myanmar security forces intensified their crackdown on protests, escalating to battlefield weapons against protesters, killing nearly fifteen hundred people.

Resistance against the military continues to grow and unify within Myanmar, despite the great risk. At this critical point, we call for the immediate recognition of the National Unity Government as the legitimate government of Myanmar.

Over 9,000 are currently in arbitrary detention. They include human rights defenders, lawyers, trade unionists, activists and monks. Some were taken in terrifying night-time raids. Others were abducted off the streets, held in secret facilities and denied access to lawyers. We call on Myanmar to immediately release all those arbitrarily detained.

Internet shutdowns and willful restrictions to humanitarian aid prevent much-needed supplies from reaching those in dire need. ASEAN’s efforts to halt the grave violations have failed.

The ongoing impunity for serious crimes despite clear evidence is a travesty. We welcome particularly the High Commissioner’s recommendation to support the referral of the situation to the International Criminal Court, by the UN Security Council or by duly recognised national authorities, and we urge the Council to seriously consider further steps towards accountability.

As immediate steps towards protecting those on the ground, the junta must be deprived of resources and arms. To this end, we urge States to follow the recommendations of the High Commissioner to take immediate action to prevent arms flows to the Myanmar military, and apply other targeted sanctions on military economic interests as appropriate; and to encourage businesses that maintain connections with Myanmar military owned or affiliates to cease their operation.

To the High Commissioner, what are the further measures the Council must take to ensure that accountability and justice can be achieved?

  Civic space in Myanmar is rated as repressed by the CIVICUS Monitor 

Statement at the 49th Session of the UN Human Rights Council

Delivered by: Sibahle Zuma

Thank you Mr. President,

CIVICUS and its partners in South Sudan thank the Commission on Human Rights in South Sudan for their crucial contributions to the protection and promotion of human rights in the country.

Its mandate remains crucial; there is no improvement in the human rights situation in the country as authorities continue, with impunity, repressions against peaceful protesters, harassment of civil society actors, and extrajudicial executions. Social and economic rights are dire and embezzlement of public funds fuels violations of these rights. Impunity and high levels of violence persist, including a five month-long attack by armed groups against civilians in Western Equatoria that killed dozens and displaced tens of thousands. Such violence continues to affect innocent civilians, threatens the country’s stability, and endangers prospects for lasting peace.

Civic space is closed; authorities continue to harass, detain, and clamp down on journalists, human rights defenders, activists, and persons perceived to oppose the government. This materialises as, among others, censoring media; suspension and closure of news outlets; seizure of newspapers; blocking access to information; revocation, or denial of accreditation of foreign correspondents; arbitrary arrests; and prolonged, detention of persons allegedly responsible for critical posts on social media.

The Government has committed to the implementation of the Revitalised Peace Agreement. However, key elements of the agreement, including relating transitional justice, remain unimplemented.

In this climate, it is vital that the Council renews the mandate of the Commission. We call on the Council to do so, while asking the Commission what member states must do to ensure its recommendations are implemented by South Sudan.

Thank you.

 Civic space in South Sudan is rated as closed by the CIVICUS Monitor 

Statement at the 49th Session of the UN Human Rights Council

Interactive Dialogue on the OHCHR report on the situation of human rights in Belarus in the run-up to the 2020 presidential election and in its aftermath

Delivered by Nicola Paccamiccio

Thank you Mr. President,

We welcome the report of the High Commissioner and share the concerns over the complete lack of accountability for perpetrators of human rights violations, including the detention of thousands of people which could amount to crimes against humanity.

In previous updates to the Council we expressed concerns over the targeting of protesters, detention and judicial persecution of human rights defenders and the prosecution of journalists.

The human rights situation continues to deteriorate. The Belarusian authorities continue to retaliate against human rights groups and the work they do.

Human rights defenders and their families are subjected to intrusive searches, arbitrary detentions and are held in inhumane conditions. Human rights defender Ales Bialiatski, Chair of the human rights group Viasna, several of his colleagues and hundreds of other human rights defenders are still detained.

More than 32 lawyers representing protesters, human rights defenders and members of the political opposition who are detained have had their licenses revoked by the authorities. In addition, lawyers are subjected to intrusive searches and other forms of harassment.

More than 300 civil society groups have been affected by liquidation procedures initiated by the government. In October 2021, the Supreme Court acceded to the demands of the Ministry of Justice to close down Belarus’ oldest human rights organisation – Belarusian Helsinki Committee.

Hundreds of journalists have been arbitrarily detained under trumped up charges and key media outlets, including the Belarusian Association of Journalists, which has been promoting the rights of journalists and media rights for 25 years, have been dissolved.  

Given the relentless deterioration of the human rights situation in the country and the lack of any efforts made by the authorities to hold perpetrators into account, we call on the members of the Human Rights Council to support and adopt a strong resolution on the human rights situation in Belarus which can further investigate violations with a view to holding perpetrators to account.

Thank you.

 Civic space in Belarus is rated as closed by the CIVICUS Monitor 

Statement at the 49th Session of the UN Human Rights Council

Item 2 General Debate

Delivered by Lisa Majumdar

Thank you, Mr. President, and thank you to the High Commissioner for her update.

There is so much the Council can and should do during this session to address the grave situations you reported. The successes and failures of this Council have a tangible impact for those at the forefront of defending human rights.

Last week the Council acted strongly on the conflict in Ukraine to take a step towards accountability for Russian aggression. This session, we expect the Council to take its opportunity to strengthen human rights and protect civic space elsewhere. To build on accountability efforts in Myanmar. To take robust action on Nicaragua’s worsening human rights crisis, and to address the civic space backsliding in Cambodia. And to strengthen protection for those standing up for human rights in conflict zones.

The success and credibility of the Council relies on the engagement and participation of those on the frontline of human rights – the activists, journalists, environmentalists, colleagues – who risk their lives and freedom to stand up for human rights. The Council is stronger when it has the full participation of civil society, and can hear the voices of those affected. It can protect and support those trying to effect positive change in extraordinarily difficult circumstances. It can create a route to justice for victims of violations and accountability for perpetrators.

But it can only do so if its members, as set out in GA Resolution 60/251 ‘uphold the highest standards in the promotion and protection of human rights.’ Their failure to do so weakens the Council, and undermines its outcomes. We call on the Council to seek the reform needed to address this.

We thank you.

We, the undersigned civil society organisations, call on Member States of the United Nations to take and support action at the UN General Assembly to suspend the Russian Federation as a member of the UN Human Rights Council.

Statement at the 49th Session of the UN Human Rights Council

Interactive Dialogue on the oral update of the High Commissioner on the situation of human rights in the Tigray region of Ethiopia

Delivered by Sibahle Zuma

Thank you, Mister President.

CIVICUS and its partners in Ethiopia thank the High Commissioner for the timely update on the human rights situation in the Tigray region of Ethiopia. We are deeply concerned at the high levels of violence exemplified in the attack of the Bahrale refugee camp on 3 February which resulted in five refugees killed and several women kidnapped by armed men. We are getting reports of Tigrayan fighters killing civilians, gang-raping women and girls and looting, including from hospitals, with impunity.

We are particularly concerned about restrictions that have made it nearly impossible for civilians to receive critical supplies from humanitarian organisations. Humanitarian operations in Tigray are largely reduced or suspended due to the lack of fuel, cash and other supplies. The ongoing fighting in Afar contributes to the large-scale displacements in the region and hinders the delivery of humanitarian supplies into Tigray.

Civic space in Tigray has shrunk considerably with the repression of civil society both by State and non-state actors. Telecommunications restrictions continue with the aim of controlling communication channels. These restrictions risk silencing victims and hinder access to information.

The special session in December 2021 highlighted the urgent need for investigations and accountability for the serious violations of international law, possibly amounting to war crimes, that have rocked Tigray since November 2021 and which continue to escalate.

We ask the High Commissioner to provide more information on how States can best support civil society, including humanitarian groups, and to protect those on the ground amidst worsening conditions.

We thank you.

 Civic space in Ethiopia is rated as "repressed" by the CIVICUS Monitor 

Statement at the 49th Session of the UN Human Rights Council

Statement at the 49th Session of the UN Human Rights Council

Statement at the 49th Session of the UN Human Rights Council

Interactive Dialogue on the oral update of the Special Rapporteur on the situation of human rights in Eritrea

Delivered by Helen Kidan

CIVICUS and the EMDHR welcome the Special Rapporteur’s update.

Statement at the 49th Session of the UN Human Rights Council

Urgent Debate on Ukraine

Delivered by Susan Wilding

CIVICUS stands in solidarity with the people of Ukraine and calls for a swift, unified and targeted international response on Russia.

At its current session, the UN Human Rights Council will be discussing a draft resolution on human rights defenders operating in conflict and post-conflict situations.  This is a useful and timely focus providing a means to give effect to a range of recommendations including those contained in the report of the Special Rapporteur on Human Rights Defenders in 2020. 

The 49^th Session of the Human Rights Council will run from 28 February to 1 April 2022. For the first time since 2020, the session will be held in hybrid mode: civil society will be able to engage in certain debates in person as well as via video, while still being limited to video statements during General Debates. CIVICUS encourages States to continue to highlight the importance of civil society participation, which makes the Human Rights Council stronger, more informed and more effective.

To Permanent Representatives of Member and Observer States of the UN Human Rights Council:

Excellency,

The Human Rights Council will consider the possible renewal of the mandate of the OHCHR examination of the human rights situation in Belarus at its 49th session.

We, the undersigned national, international and Belarusian organisations, urge your delegation to support the renewal of this mandate, which is critical for maintaining scrutiny on Belarus’s human rights crisis.

The human rights situation in Belarus which necessitated Council action in 2021 is deteriorating. There are continuing cases of arbitrary detention and arrest, torture and cruel,  inhuman, or degrading treatment, and unfair and closed trials on trumped-up charges against persons perceived by the authorities as being critical of the government.

As of 1 February 2022, well over 1000 prisoners are recognized as “political prisoners” by the Belarusian human rights organisation Viasna. However, the number of those detained for political reasons is much higher and might reach as many as 5,000. Torture and ill-treatment of those detained continue, with the objective of eliciting forced “confessions”, and punishing and silencing those carrying out human rights and civic activities. 

In 2021, civil society came under prolonged systematic attack by the Belarusian authorities. The government liquidated at least 275 civil society organisations, including all independent human rights organisations. Authorities have initiated criminal cases against 13 human rights defenders, 12 of whom have been detained.

Legislative amendments to the Criminal Code adopted in December 2021 re-introduced criminal liability for "acting on behalf of unregistered or liquidated organisations.” The liquidation of all independent human rights organisations by the authorities has therefore led to a de facto criminalisation of human rights work. Independent media also face systematic persecution, with journalists frequently being labelled as “extremist”, targeted under defamation charges, and blocked from publishing. At least 31 journalists and media workers remain behind bars on criminal charges and at least 22 lawyers have been disbarred by Belarusian authorities on political grounds or because of their representation of defendants in politically sensitive cases . In addition, Belarus is considering introducing criminal proceedings in absentia, with implications for those who have fled the country.

Those who are subject to human rights violations in Belarus do not currently have any effective legal remedies or recourse to justice, and look to the United Nations Human Rights Council to ensure an accountability process for serious human rights violations.

At the 46th session, the Human Rights Council mandated the OHCHR to conduct an examination. This was a welcome development given the widespread and systematic, human rights violations that occurred in Belarus in the context of 2020’s presidential election, and the environment of impunity and lack of accountability within which they occurred.

Unfortunately, the OHCHR examination received only around 50 per cent of the budget for its work in 2021 against what was originally approved by the Council at HRC46. It became fully operational only in the final months of 2021. Despite these challenges, the OHCHR examination is still expected to provide a report to the Human Rights Council at the 49th session.

Given the current dire human rights situation in Belarus, and the ongoing importance and unique nature of the OHCHR examination, we call on this Council to renew the mandate at HRC49, and ensure its work is sufficiently resourced and funded.

Please accept, Excellency, the assurances of our highest consideration,

Signed

• Amnesty International
• ARTICLE 19
• The Barys Zvozskau Belarusian Human Rights House
• CIVICUS: World Alliance for Citizen Participation
• Civil Rights Defenders
• FIDH - International Federation for Human Rights
• Human Rights House Foundation
• Human Rights Watch
• IFEX
• Index on Censorship
• International Bar Association's Human Rights Institute (IBAHRI)
• International Commission of Jurists 
• World Organisation Against Torture (OMCT)

Civic space in Belarus is rated as "closed" by the CIVICUS Monitor . Belarus is also on the CIVICUS Monitor Watchlist 

To Permanent Representatives of Member and Observer States of the United Nations (UN) Human Rights Council

To the incoming President of the Human Rights Council, His Excellency Mr Federico Villegas, Permanent Representative of Argentina to the United Nations Office at Geneva

UN Human Rights Council – 33rd Special Session on Ethiopia
December 2021
Delivered by Lisa Majumdar

Thank you, Madame President.

We welcome the convening of this long overdue Special Session on Ethiopia. 

The High Commissioner’s update to the Council in November highlighted the need for transparent investigations and accountability for what has been unfolding in the country over the past year. The conflict and the human suffering have both escalated since then. 

Restrictions imposed have left humanitarian groups unable to carry out their work amidst increased humanitarian needs, food insecurity, and disruption of livelihoods. As a result of this loss in services, millions could be denied the aid they need to stay alive.

Fragile gains made by civil society over the past few years are at great risk. It has become dangerous for national civil society to engage in public advocacy, with pressure imposed and threats perpetrated by both State and non-State actors, compounded by a sweeping state of emergency. The online space for dissent is radically shrinking. Numerous journalists have been detained, with at least nine still in custody at the beginning of this month. 

The conflict itself has spread to neighbouring regions and threatens millions of civilians.

There is a clear absence of any transparent and credible national accountability process for violations and abuses committed. Following calls from the High Commissioner and civil society, the Council must act on its prevention mandate, which was established to avert atrocity and crimes against humanity. It can do so by adopting a resolution that establishes an independent investigative mechanism mandated to investigate, report on, and to collect and preserve evidence of alleged violations and abuses of international human rights law and violations of international humanitarian law by all parties to the conflict.

We thank you. 

High Commissioner’s intersessional update on Nicaragua

Delivered by Debora Leao, CIVICUS Monitor Research Officer for the Americas

#Thailand: CIVICUS & @adn_asia urge @UN member states to raise concerns about civic freedoms, including the systematic repression of pro-democracy activists & journalists in the upcoming #UPR39 review at the @UN_HRC tomorrow https://t.co/VnRoJocqeH pic.twitter.com/ezNAQuJTJ6

— CIVICUS (@CIVICUSalliance) November 9, 2021

As Thailand’s human rights record is examined at the Human Rights Council on 11 November 2021, CIVICUS and the Asia Democracy Network (ADN) call on UN member states to raise serious concerns about Thailand’s civic freedoms.

In the previous UPR cycle in 2016, Thailand committed to guarantee and respect the right to freedom of expression, assembly, and association; put an end to all forms of harassment and intimidation of human rights defenders; and ensure that all legislation comply with international human rights standards protecting fundamental freedoms. It received 35 recommendations related to civic space, accepting 10 and noting 25.

Thailand has not upheld these commitments. A joint submission by CIVICUS and ADN to the Human Rights Council in March 2021 highlighted Thailand’s ongoing use of repressive laws against human rights defenders, activists and journalists as well as harassment, physical attacks and allegations of enforced disappearances of activists. Our organizations also raised concerns about the crackdown on peaceful protests, the arrests and criminalization of protesters and the use of excessive force by the police.

Over the last four years, criminal defamation laws such as section 116 of the Penal Code on sedition have been used to quash dissent by the authorities. More recently, sedition charges have been brought against human rights defenders involved in protests calling for democratic reforms. Although rarely used since 2018, there has been an escalation of investigations and arrests for lèse majesté (section 112 of the Penal Code) since November 2020 against the leaders of the pro-democracy movement.

Other concerns related to freedom of expression include the Computer-Related Crime Act (CCA), which allows the authorities to conduct surveillance on online content and prosecute individuals under broadly defined offences and the cybersecurity law passed in 2019 that gives the government sweeping access to people's personal information. Outspoken media outlets and reporters have also often face intimidation and punishment for commentaries critical of the authorities.

“In the upcoming session at the Human Rights Council, states must use the opportunity to call out Thailand for its systematic repression of pro-democracy activists, human rights defenders and journalists. These actions are inconsistent with Thailand’s international obligations,” said Cornelius Hanung, Advocacy and Campaigns Officer for Asia from CIVICUS.

The Thai authorities have also imposed restrictions on peaceful protests in recent years and arbitrarily arrested peaceful protesters. In 2020, at least 90 people joining peaceful protests were arrested between 13 and 21 October 2020 by the police. The use of excessive force by the police to disperse protesters have been widely reported. On 17 November 2020, during a protest outside parliament, police used water cannon laced with purple dye and an apparent teargas chemical, as well as teargas and pepper spray grenades, to forcibly disperse thousands of protesters, including students, some of whom were children.

“No one should be detained merely for exercising the right to peaceful assemble. The authorities must immediately end its harassment of protest leaders and participants and release all those detained. There should also be prompt, effective and independent investigations into any violations during protests and perpetrators held accountable,” said Ichal Supriadi, Secretary General at Asia Democracy Network.

Civil society organizations, pro-democracy groups, student networks and labor groups in Thailand have been subjected to restrictions and multiple forms of intimidation for carrying out their work. More recently, the Thailand Government is considering a revised NGO law that contains arbitrary and vague-defined powers that could be used to muzzle civil society groups and non-governmental organizations (NGOs). It includes excessive punishments, places discriminatory restrictions on organizations that receive foreign funding and allows for intrusive surveillance and searches without judicial oversight.

Key recommendations that States should make include:

• Ensure that processes to draft any new laws to oversee the formation and operation of CSOs include meaningful consultation with CSOs and HRDs and are consistent with international law and standards related to the freedom of association.
• Provide HRDs, civil society members and journalists with a safe and secure environment in which they can carry out their work. Conduct impartial, thorough and effective investigations into all cases of attacks, harassment and intimidation against them and bring the perpetrators of such offences to justice.
• Specifically, repeal or review article 112 (lèse-majesté) and article 116 (sedition) of the Penal Code to bring it in line with the ICCPR, UN Human Rights Committee General Comment No. 34 and the UN Declaration on Human Rights Defenders
• Specifically, review and amend the Computer Crime Act and Cybersecurity law to ensure that these laws are in line with best practices and international standards in the area of the freedom of expression.
• Ensure that journalists can work freely and without fear of criminalization or reprisals for expressing critical opinions or covering topics that the government may deem sensitive.
• Unconditionally and immediately release all protesters detained for exercising their right to the freedom of peaceful assembly and drop all charges against them.
• Review and, if necessary, update existing human rights training for police and security forces, with the assistance of independent CSOs, to foster the more consistent application of international human rights standards, including the UN Basic Principles on the Use of Force and Firearms

The examination of Thailand will take place during the 39th Session of the UPR on 10 November 2021. The UPR is a process, in operation since 2008, which examines the human rights records of all 193 UN Member States every four and a half years. The review is an interactive dialogue between the State delegation and members of the Council and addresses a broad range of human rights topics. Following the review, a report and recommendations are prepared, which is discussed and adopted at the following session of the Human Rights Council.

Civic space in Thailand is rated as repressed by the CIVICUS Monitor

UN Human Rights Council – 32nd Special Session on Sudan

Delivered by Abdel-Rahman El Mahdi

We welcome this Special Session on Sudan. It is imperative that this scrutiny continues.  

The military coup which took place last week threatens to reverse fragile gains made over the last three years towards democracy in Sudan. The Sudanese military has arrested and detained members of the Sovereign Council, government officials and politicians. 

At least 12 people have been killed and around 300 injured as a result of excessive force used by the military to quell peaceful protests calling for the transitional administration to be respected. The military has disrupted telecommunications and internet connectivity, restricting access to information. Journalists, human rights defenders, and other critics of the government have been arrested and held incommunicado. We call for the immediate release of detained human rights defenders, journalists, protesters, and politicians as a matter of urgency, and for the immediate cessation of violence against protesters.

The situation risks deteriorating still further and the international community has an important role in preventing this. To this end we fully support the creation of a Special Rapporteur mandate on Sudan which would complement existing regional efforts, both to address the current crisis and to better ensure protection of civic space henceforth. The gravity of the situation, highlighted by Sudan’s suspension from the African Union, justifies an even stronger mechanism. 

Special Procedures and the High Commissioner for Human Rights have echoed the calls of protesters for robust action from the Council. Today the Council has an opportunity to heed the voices of those most affected by the decisions it makes, and to take such action. We urge you to do so.

Thank you.

A military coup targeting the civilian government in Sudan took place on Monday 25 October 2021. The African Union suspended Sudan’s membership. The Chairperson of the African Union Commission, Mr. Moussa Faki Mahamat made a statement noting that the deeply concerning events occurring in Sudan have resulted in the arrest of the Prime Minister Abdallah Hamdock, who was released on October 26, and other civilian officials. The total number of arrests made during the coup in unknown, but it is believed all cabinet ministers have been arrested and are being subjected to torture or at severe risk of torture. Mr. Moussa Faki Mahamat calls for “the immediate resumption of consultations between civilians and [the] military” and “the release of all arrested political leaders”.

At the international level, the United Nations Special Envoy for the Sudan and South Sudan and United Nations Security Council must take urgent action to protect Sudan’s transition to democracy and the human rights situation in the country following the second military coup in so many months which targeted the civilian government today.

The UN High Commissioner strongly condemned the military coup in Sudan and the declaration of a nationwide state of emergency, the suspension of key articles of the Constitutional Document and the governing bodies, deplored the reported arrest of the Prime Minister, several Ministers, leaders of the Forces of the Freedom and Change and other civil society representatives, and call for their immediate release, and reminded the military and security forces to refrain from unnecessary and disproportionate use of force, to respect people’s freedom of expression, as well as the right of peaceful assembly.

It is crucial that women’s rights and the situation of women human rights defenders (WHRDs) is addressed in the international community’s response to the coup as their position is particularly worrisome and today’s events have only exacerbated their already vulnerable position. This comes as militarisation of the State and violence against protestors remain some of the biggest threats to women’s rights in Sudan.

Civil and political rights were once again violated as peaceful protesters were met with violence including live ammunition, resulting in at least five confirmed deaths and hundreds being injured. Rapid Security Forces (RSF) stormed medical centers that were providing medical care to the injured. A number of activists and protesters were arrested in several cities. Residential areas were also attacked by weapons. Further the majority of means of communication in the country have been cut off including phone lines and internet connection. Blanket internet shutdowns contravene international law. On October 26, Internet and mobile services were briefly restored for a few hours, they must be immediately restored

We call on all States at the Human Rights Council to consider urgent action, such as convening a Special Session, to ensure respect for human rights and the rule of law. In addition, the upcoming Universal Periodic Review (UPR) of Sudan on 3 November presents one opportunity for States to bring to the fore these issues and call on the required urgent action. We urge all States to make statements during Sudan’s UPR condemning the coup and supporting the civilian-led democratic transition, and make recommendations relating to^[1]:

• reform of the military and security forces
• accountability for violence against protesters
• access to justice for women
• legal reforms combatting violence and discrimination against women
• ensuring gender equality
• ratification of international and regional instruments
• women, peace and security
• guaranteeing freedom of expression and assembly
• the protection of women human rights defenders.

Read also here a statement by the MENA Women Human Rights Defenders Coalition.

Signatories

Organisations:

• Sudan Women’s Rights Action
• Regional Coalition for Women Human Rights Defenders in the Middle East and North Africa
• International Service for Human Rights
• Global Fund for Women
• Inter Pares, Canada
• Canada for Africa Group
• Rights for Peace Foundation
• Canadian Women for Women in Afghanistan
• Vital Voices, USA
• Equality Fund, Canada
• Cairo Institute for Human Rights Studies (CIHRS)
• CIVICUS: World Alliance for Citizen Participation

Individuals

• Susan Bazilli, Director of International Women’s Rights Project
• Karen Breeck MD
• Carole Doucet, Gender/ Women, Peace and Security Expert Adviser
• Georgina Bencsik, Advisor, Consultant and Strategist
• Monique Cuillerier (WPSN-C)

Civic space in Sudan in rated as repressed by the CIVICUS Monitor 

[1] In March 2021 Sudan Women Rights Action, Nora Centre for Combating Sexual Violence, ISHR and the Regional Coalition for Women Human Rights Defenders in the Middle East and North Africa made a joint submission to the UPR of Sudan. Read here a summary of the recommendations to Sudan on women’s rights and women human rights defenders and the full joint submission to the UPR of Sudan.

Following the 25 October 2021 military coup in Sudan, CIVICUS and partners have released a call on the UN Human Rights Council to convene a special session to address the crisis in the country. 

To Permanent Representatives of Member and Observer States of the United Nations (UN) Human Rights Council (Geneva, Switzerland)

Excellencies,

As violence is increasing in Sudan following the military coup of 25 October 2021 and decisive action is needed to protect the transition, Sudan’s constitutional order, and the human rights of people in Sudan, the UN Human Rights Council has a res­ponsi­bility to act urgently.

The Council should fulfil its mandate to prevent violations and respond promptly to human rights emer­gen­cies by convening a special session and adopting a resolution requesting the UN High Com­mis­sio­ner for Human Rights to set up a fact-finding mission to monitor, verify and report on the situ­ation in Sudan with a view to preventing further human rights violations and abuses, iden­ti­fying per­pe­trators, and ensuring ac­coun­tability for these violations and abuses.

Ahead of the 48^th session of the Human Rights Council (13 September-11 October 2021), 37 civil so­ciety organisations (CSOs) highlighted[1] the need for the Coun­cil to extend its support to, and scrutiny of, Sudan. The CSOs highlighted that Su­dan’s political transition re­mained incomplete, mentioned on­going challenges and risks, and urged States to maintain the moni­tor­ing and public reporting ca­pacity of the Office of the UN High Commissioner for Human Rights (OHCHR). They wrote: “[T]he Human Rights Coun­cil has a respon­sibi­lity to keep Sudan high on its list of priorities and to contribute to mea­ningful pro­gress in the country.”

Their call remained unanswered as the Council failed to adopt any Sudan-focused resolution.

Two weeks after the session ended, on 25 October 2021, Sudan’s military forces arrested Prime Minister Abdalla Hamdok and several civilian figures, including members of the Transitional Government and Transitional Sove­reign Council (SC), who were placed under house arrest or taken to unknown loca­tions. At the time of writing, several of them remain held incommunicado or under house arrest. Military elements took con­trol of the national television and key centres of information. They imposed a partial in­ternet shutdown in the country and closed roads, bridges, and the airport in Khartoum.

This military coup occurred one month before the head of the former Transitional Military Council (TMC), Ge­neral Abdel-Fattah al-Burhan, who had since August 2019 been heading the SC, was due to hand over the presidency of the SC to civilian representatives, as per the power-sharing agreement and Constitutional Document of 2019.[2]

General al-Burhan announced a nation-wide state of emer­gen­cy and the dissolution of the SC and the civilian-led Transitional Government.

He unilaterally announced the suspension of Articles 11, 12, 15, 16, 24-3, 71, and 72 of the Cons­ti­tutional Document. These articles pertain to the SC, the Transitional Council of Ministers and Cabinet, the Transitional Legislative Council (which was to be constituted), and the TMC. The latter’s disso­lution seems to have been annulled, paving the way for military rule.[3]

The coup and military takeover also threaten the implementation of the Juba Peace Agreement for Sudan, which was signed on 3 October 2020 between the Transitional Government and parties to the peace process, including armed groups that were involved in the conflicts that have affected several of Sudan’s regional States in the last three decades.

General al-Burhan sought to justify the illegal takeover by blaming “political infighting” within civilian bodies and groups, including the Transitional Government and the Forces for Freedom and Change (FFC), the coalition that brings together the Sudanese Professionals Association (SPA), civic groups, and political parties that signed the Declaration on Freedom and Change of January 2019 and led the peaceful popular revo­lution of 2018-2019 that led to the ouster of former President Omar al-Bashir, in April 2019, and the political transition. General al-Burhan even asserted that the army had ousted the gov­ern­ment to avoid a “civil war.”[4]

* * * * * * * * *

Immediately after the coup was reported, and despite restrictions on communications, protesters pea­ce­fully took to the streets to denounce the military’s illegal actions and demand the reinstatement of the gov­ern­ment and a transition to civilian rule. The SPA called for strikes and civil disobedience. Pro­testers erected barricades in the streets. Soldiers opened fire on crowds and reportedly killed at least ten people and injured dozens. Arrests have been reported.[5]

These acts demonstrate the armed and security forces’ lack of commitment to a democratic tran­sition to civilian rule and their determination to consolidate control, including by using violence. The 25 October 2021 military coup fol­lowed a reported coup attempt on 21 September 2021, which “the mili­tary blamed on a cadre of Bashir-allied Islamists but which several diplomats described […] as a trial balloon,” as tensions were growing within the SC.[6]

Fears of a full-fledged, bloody crackdown are mounting. These fears are made credible by the illegal actions of the reconstituted TMC, the history of violence and abuse that characterises Sudan’s armed and security forces, including the Rapid Support Forces (RSF), and the current context, including restrictions on communications, which are remi­nis­cent of the shutdown that was imposed following the atrocities committed on 3 June 2019 (known as the “Khartoum massacre”[7]).

While the total number of arrests made is unknown, it is likely to increase after the release of the present letter. Human rights defenders (HRDs), protest organisers, journalists, and independent voices, in par­ticular women human rights defenders (WHRDs), women journalists, and women and girls protesting the coup, are at a heightened risk of being subjected to violations and abuses. These include arbitrary arrests, the use of unwarranted and lethal force, beatings, ill-treatment and torture, and sexual and gen­der-based violence, as was the case during the Khartoum massacre.[8]

* * * * * * * * *

The coup has drawn condemnation. States, including partners of Sudan, condemned it as a betrayal of the transition, demanded the release of political leaders, and urged full observance for the Constitutional Document and the reinstatement of transitional institutions.[9]

The Intergovernmental Authority on Development (IGAD), of which Sudan is a Member, issued a sta­te­ment in which its Executive Secretary, Dr. Workneh Gebeyehu, said he was “alarmed by the current political developments.” He “strongly condemn[ed] any attempt to undermine the transitional govern­ment” and called for the “im­mediate release” of all arrested political leaders.[10]

The Arab League expressed “deep concern” about the military coup. The organisation’s Secretary-Ge­ne­ral urged all parties to “fully abide” by the Constitutional Declaration signed in August 2019.[11]

The Chairperson of the AU Commission, Moussa Faki Mahamat, who learned “with deep dismay of the serious development of the current situation in Sudan,” called “for the immediate resumption of consultations between civilians and military” and reaffirmed that “dialogue and consensus is the only relevant path to save the country and its democratic transition.” He further called “for the release of all arrested political leaders and the necessary strict respect of human rights.”[12] However, despite the Lomé Declaration on Unconstitutional Changes of Government,[13] he did not con­vey a “clear and unequivocal warning to the perpetrators of the unconstitutional change that, under no circumstances, will their illegal action be tolerated or recognized by the [AU].”

The AU Peace and Security Council (PSC) met on 26 October 2021. The following day, it released a communiqué[14] in which it “strongly condemn[ed] the seizure of power by the Sudanese military on 25 October 2021 and the dissolution of the Transitional Government, and totally reject[ed] the uncons­ti­tutional change of government, as unacceptable and an affront to the shared values and democratic norms of the AU.” It decided to “suspend, with immediate effect, the participation of the Repu­blic of Sudan in all AU activities until the effective restoration of the civilian-led Transitional Authority.”

While this is a positive step, more needs to be done to stop military rule and protect the transition, Sudan’s constitutional order, and the human rights of people in Sudan. As repression increases, AU me­diation efforts and Human Rights Council action are not mutually exclusive but complementary.

The UN Secretary-General, Mr. António Guterres, “strongly condemn[ed] the ongoing military coup d’état in Khartoum and all actions that could jeopardize Sudan’s political transition and stability.” He called for the immediate reconstitution of the governing arrangements provided for under the Consti­tutional Document.” He referred to the “unlawful detention” of the Prime Minister, government officials and politicians as “un­ac­ceptable” and called for the immediate release of those detained arbitrarily. He added: “Any at­tempts to undermine this transition process puts at risk Sudan’s security, stability and development.”[15]

The Special Representative for Sudan and Head of the UN Integrated Transition Assistance Mission in Sudan (UNITAMS), Mr. Volker Perthes, said he was “deeply concerned about reports of an ongoing coup and attempts to undermine Sudan’s political transition.” He “called on the security forces to imme­diately release those who have been unlawfully detained or placed under house arrest” and urged an “[immediate] return to dialogue and [engagement] in good faith to restore the constitutional order.”[16]

For her part, the UN High Commissioner for Human Rights, Ms. Michelle Bachelet, “strongly con­dem­n[ed] [the] military coup in Sudan and the declaration of a nationwide state of emergency, the sus­pen­sion of key articles of the Cons­titu­tional Document and the governing bodies.” She reminded “military and security forces to refrain from unnecessary and disproportionate use of force, to respect people’s freedom of expression, as well as the right of peaceful assembly.” She added: “It would be disastrous if Sudan goes backwards after finally bringing an end to decades of repressive dictatorship.”[17]

On 26 October, the UN Security Council met behind closed doors to discuss the crisis. It failed to adopt a resolution to unequivocally condemn the military coup, or even to release a statement.

* * * * * * * * *

In this context, the Human Rights Council cannot afford to stay silent or wait for its next regular session, which is due to open on 25 February 2022, to act.

It should make clear that the TMC cannot be considered a legitimate partner; strongly condemn the mi­li­tary coup; urge full respect for the Constitutional Document and the reinstatement of transitional institutions; call for an im­mediate stop to the violence against protesters; demand a release of all poli­tical prisoners; and demand accountability for the human rights violations and abuses committed.

The Human Rights Council should fulfil its mandate to prevent violations and respond promptly to human rights emer­gen­cies, convene a special session, and request the UN High Com­mis­sio­ner for Human Rights to set up a fact-finding mission to monitor, verify and report on the situation in Sudan with a view to preventing further human rights violations and abuses, iden­ti­fying per­petrators, and ensuring ac­coun­tability for these violations and abuses.

The report of the fact-finding mission should be shared with the UN Security Council. The Hu­man Rights Council should further ensure that the High Commissioner publicly and regularly reports on the human rights situation in Sudan, relying on both in-house expertise and the work of the OHCHR country office in Sudan, and it should hold interactive dialogues on the human rights situation in Sudan twice a year.

We thank you for your attention to these pressing issues and stand ready to provide your delegation with further information as required.

Sincerely,

1. African Centre for Justice and Peace Studies (ACJPS)
2. AfricanDefenders (Pan-African Human Rights Defenders Network)
3. African Initiative for Peacebuilding, Advocacy and Advancement (AfriPeace)
4. Cairo Institute for Human Rights Studies (CIHRS)
5. Centre for the Study of Violence and Reconciliation (CSVR)
6. CIVICUS: World Alliance for Citizen Participation
7. CSW (Christian Solidarity Worldwide)
8. Darfur and Beyond
9. DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
10. Global Centre for the Responsibility to Protect
11. Global Rights
12. Human Rights and Peace Centre (HURIPEC)
13. International Federation for Human Rights (FIDH)
14. International Refugee Rights Initiative (IRRI)
15. International Service for Human Rights (ISHR)
16. Justice Center for Advocacy and Legal Consultations
17. Kamma Organization for Development Initiatives (KODI)
18. Kenya Human Rights Commission
19. Kongamano La Mapinduzi
20. Lawyers for Justice Sudan
21. Mouvement Inamahoro
22. Never Again Coalition
23. PAX
24. Physicians for Human Rights
25. REDRESS
26. Regional Centre for Training and Development of Civil Society (RCDCS)
27. The Sentry
28. Skills for Nuba Mountains
29. Sudan Archives
30. Sudan Human Rights Hub
31. Sudan Unlimited
32. Victims Advocates International
33. Zimbabwe Lawyers for Human Rights

    ---

[1] DefendDefenders et al., “The Human Rights Council should extend its support to, and scrutiny of, Sudan,” 10 September 2021 (accessed on 26 October 2021).

[2] For background, see DefendDefenders et al., “Sudan: ensuring a credible response by the UN Human Rights Council,” 3 September 2019, (and Annex) (accessed on 26 October 2021).

[3] Al Jazeera, “Sudan coup: Which constitutional articles have been suspended?” 26 October 2021,  (accessed on 26 October 2021).

[4] France 24, “Sudan’s Burhan says army ousted government to avoid civil war,” 26 October 2021,  (accessed on 27 October 2021).

[5] Al Jazeera, “‘No to army rule’: Pro-democracy protesters take to Sudan streets,” 27 October 2021; BBC News, “Sudan coup: Why the army is gambling with the future,” 27 October 2021, https://www.bbc.com/news/world-africa-59050473 (both accessed on 27 October 2021).

[6] International Crisis Group, “Reversing Sudan’s Dangerous Coup,” 26 October 2021. See also BBC News, “Killings of Peaceful Sudanese Democracy Protesters Demand Accountability: Urgent International Action Needed to Prevent Further Violence,” 21 September 2021, (both accessed on 27 October 2021).

[7] See previous civil society letters on Sudan, in particular International Refugee Rights Initiative et al., “Killings of Peaceful Sudanese Democracy Protesters Demand Accountability: Urgent International Action Needed to Prevent Further Violence,” 6 June 2019, ; DefendDefenders et al., “Sudan: ensuring a credible response by the UN Human Rights Council,” 3 September 2019, (and Annex); DefendDefenders et al., “The Human Rights Council should support human rights reforms in Sudan,” 9 September 2020,  (all accessed on 26 October 2021).

[8] Human Rights Watch, “‘They Were Shouting ‘Kill Them’: Sudan’s Violent Crackdown on Protesters in Khartoum,” 17 November 2019, (accessed on 26 October 2021).

[9] For a comprehensive list of responses by Governments and intergovernmental organizations to the military coup, see Sudan Unlimited, “World Unites with the People of Sudan and Against #SudanCoup,” (accessed on 26 October 2021).

[10] “IGAD Statement On The Current Political Development In Sudan,” 25 October 2021,  (accessed on 26 October 2021).

[11] Asharq al-Awsat, “Arab League Expresses ‘Deep Concern’ over Sudan,” 25 October 2021,  (accessed on 26 October 2021).

[12] “Statement of the Chairperson of the African Union Commission on the situation in Sudan,” 25 October 2021,  (accessed on 26 October 2021).

[13] AU PSC, “Declaration on the Framework for an OAU Response to Unconstitutional Changes of Government” (AHG/Decl.5 (XXXVI)), 10-12 July 2000, (accessed on 25 October 2021).

[14] “Communiqué of the 1041^st meeting of the Peace and Security Council of the African Union held on 26 October 2021 on the Situation in Sudan,” 27 October 2021, (accessed on 27 October 2021).

[15] “Statement attributable to the Spokesperson for the Secretary-General - on Sudan,” 25 October 2021, (accessed on 26 October 2021).

[16] “SRSG Statement about Reports of an Ongoing Coup and Attempts to Undermine Sudan’s Political Transition,” 25 October 2021,  (accessed on 26 October 2021).

[17] “Statement by UN High Commissioner for Human Rights Michelle Bachelet on the coup d’état in Sudan,” 25 October 2021, (accessed on 26 October 2021).

 Civic space in Sudan is rated as repressed by the CIVICUS Monitor.

We welcome the adoption of the resolution on the establishment of the UN Special Rapporteur on human rights and climate change, who will focus on the interdependence between human rights, a healthy environment, and combating climate change and we welcome the Council’s historic recognition of the human right to a clean, healthy and sustainable environment. These are vital steps towards addressing the climate crisis and achieving environmental justice.

Ensuring a safe and enabling environment for civil society participation at the national and international levels is essential.

We welcome the adoption by consensus of the resolution on cooperation with the UN in the field of human rights, in particular the invitation to the Secretary-General to submit his annual reprisals report to the General Assembly, which will ensure greater attention to the issue and contribute to a more coherent system-wide response across the UN.

We express concern over the reclassification of NGO written statements submitted to the 48th session of the HRC from Agenda Item 4 to Agenda Item 3 without informing or consulting with the submitting organizations, and without transparency for the reasons or scope of this reclassification.

We welcome that the resolution on equal participation in political and public affairs puts an important focus on the context of elections and on the impact of COVID-19, underscoring the importance of protecting civil society participation at every level as part of an effective response to the pandemic, in post-pandemic recovery and as a vital component of democratic electoral processes. We regret that, in this and other resolutions, there has been systematic pushbacks against the inclusion of references to children’s right to participate in public affairs, in particular girls, in contravention of international human rights standards.

We also welcome the resolution on privacy in the digital age. Among other issues, the resolution responds to recent Pegasus revelations and includes new commitments on the use of privately-developed surveillance tools against journalists and human rights defenders. It is now essential that the Council goes further and champions the call made by various UN human rights experts to implement a global moratorium on the sale, export, transfer, and use of private surveillance technology without proper human rights safeguards. We also welcome new language in the text on privacy violations and abuses arising from new and emerging technologies, including biometric identification and recognition technologies. In future iterations of the text, we encourage the core group to go further in calling for a ban on technologies that cannot be operated in compliance with international human rights obligations.

With the withdrawal of the resolution on the realisation of a ‘better life’, we are glad to see that the Council’s mandate and resources will not be diverted to efforts that would distract from its core work or dilute human rights standards.

We regret that it was not possible to schedule the briefing by the Peacebuilding Commission (PBC) as per resolution 45/31 – and look forward to future opportunities for exchanges between the HRC and the PBC to learn from one another in efforts to address common contemporary challenges.

Human rights situations on the Council’s agenda

We deplore the abandonment of the Yemeni people by the HRC member States who did not support the renewal of the Group of Eminent Experts on Yemen. This failure of the HRC gives the green light to all parties to the conflict to continue their campaign of death and destruction in Yemen. We demand an international criminal investigative mechanism. Anything less is unacceptable.

We regret that the HRC has not responded to the calls of civil society and the evidence of widespread violations in countries including China, Egypt and Saudi Arabia where the situations manifestly warrant the establishment of international investigation and accountability mechanisms.

The establishment of a Special Rapporteur on the situation of human rights in Afghanistan supported by additional and dedicated expertise in OHCHR should bring much needed scrutiny. While we are disappointed that the Council did not establish the full-fledged investigative and monitoring mechanism that the situation warrants, we hope this decision represents a first step towards a stronger response to ensure accountability for human rights violations and crimes under international law in Afghanistan.

While the extension of international scrutiny in Burundi, including through ongoing documentation of violations, is welcome, we regret the absence of a clear strategy post-Commission of Inquiry. As the Burundian government continues to reject cooperation with the Council and its mechanisms and to deny violations, and given that the newly-created Special Rapporteur will not have access to the country for the foreseeable future, it is vital for the Council to rely on benchmarks to design the next steps of its action on, and engagement with, Burundi. We thank the COI for its important work since 2016. It has set the bar high for investigative mechanisms.

We welcome the extension of the mandate of the Special Rapporteur on the situation of human rights in Cambodia with a mandate to provide an additional oral update to the Council. However, the resolution falls short of the minimum action required to credibly address the increasing regression in democratic space and civil and political rights and to put in place necessary measures to create an environment conducive for free, fair and inclusive elections in 2022 and 2023, including mandating enhanced monitoring and reporting by the High Commissioner.

More than four years after the beginning of the conflict in the North-West and South-West regions in Cameroon, we deeply regret States’ failure, once again, to collectively address the country’s human rights crisis. As other international and regional bodies remain silent, the Council has a responsibility to act, including through the creation of an investigative and accountability mechanism.

We welcome the renewal of the mandate of the Fact-Finding Mission (FFM) on Libya but regret that the mandate has only been extended for a 9-month period. The severity of ongoing and past violations and abuses in Libya, including war crimes, requires an FFM with a sustained and properly resourced mandate.

We welcome a second joint statement on Nicaragua, and urge concerned States to step up collective action in light of increasing repression ahead of the November 7 elections. Should the Government not revert course, it is fundamental that the Council takes stock and provides an adequate, strong response, including the establishment of an international mechanism at its 49th session.

We welcome the High Commissioner's oral updates on the Philippines. While the UN Joint Program on Human Rights (UNJP) might provide a framework for improvements, we remain concerned that the UN Joint Programme on Human Rights is instrumentalized by the Government only to please the international community. The national accountability mechanism fails to show meaningful progress. We continue to urge the Council to consider establishing a Commission of Inquiry on the Philippines, to eventually start the long-overdue independent and transparent investigation into the human rights violation in the country.

We welcome the robust resolution that extends the mandate of the Independent Expert on Somalia for a further year.

While human rights advancements since 2019 in Sudan should be recognized, Sudan still faces significant human rights challenges including threats of the militarization of the State which is also the most challenging peril for women’s rights and WHRDs in Sudan. The transition is not complete, and political uncertainty remains. Against this backdrop, the Council’s decision to discontinue its formal monitoring of and reporting on Sudan is premature as the military establishment continues to pose a threat to democracy and stability in Sudan. We urge the Sudanese authorities to fully cooperate with the UN human rights system to address ongoing violations including sexual and gender based violence and the legacy of 30 years of dictatorship, including impunity for crimes under international law.

¹   Signatories :

1. International Service for Human Rights (ISHR)
2. Cairo Institute for Human Rights Studies
3. DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
4. Commonwealth Human Rights Initiative (CHRI)
5. FIDH
6. ARTICLE 19
7. International Commission of Jurists
8. FORUM ASIA
9. International Bar Association
10. Franciscans International
11. CIVICUS: World Alliance for Citizen Participation
12. Association of Progressive Communications - APC
13. Child rights connect

Resolution on Cambodia adopted at the 48th Session of the United Nations Human Rights Council

The Human Rights Council has renewed the mandate of the Special Rapporteur on Cambodia, but the resolution adopted by the Council today does not reflect nor adequately address the escalating political and human rights crisis in the country.

With Cambodia’s main opposition party dissolved in 2017 and its politicians barred from politics, the fragile veneer of democracy engendered by the Paris Peace Accords has disintegrated, leaving the country a de facto one-party state. 

The resolution mandates one additional update by the Special Rapporteur to the Council in March 2022, which will allow for further scrutiny of the country ahead of the communal election, set for June 2022. A second additional update, set for March 2023 ahead of the national elections in June that same year, was removed from the draft resolution shortly before its adoption.

‘It is disappointing that the resolution does not reach the bare minimum needed to address the ongoing deterioration of human rights in Cambodia,’ said Cornelius Hanung, Asia Advocacy Officer for CIVICUS. ‘The human rights situation in the country has drastically deteriorated since the last time this resolution was negotiated in 2019, and conditions for free and fair elections are fundamentally and conspicuously absent. There is no sign of domestic or international political will to address this.’

Calls from civil society for enhanced monitoring and reporting by the High Commissioner were not considered.

‘Free and fair elections depend not only on the ability of political parties to participate, but also on press freedom, the ability to dissent without fear of harassment and reprisals, and on civil society being able to organize and assemble,’ said Cornelius Hanung. ‘But we consistently see repressive laws and judicial harassment used in Cambodia to restrict civic freedoms, undermine and weaken civil society, and criminalize individuals for exercising their rights to freedom of expression, freedom of association, and freedom of peaceful assembly.’

Cambodia has consistently cited its constructive engagement with the Human Rights Council to pre-empt stronger action, such as additional monitoring, to address its human rights crisis. 

‘Attacks against the Special Rapporteur and his mandate by Cambodia during the Interactive Dialogue to his report represented just the latest example of ‘constructive engagement,’ which to date has been minimal at best and weaponized by Cambodia at worst,’ said Cornelius Hanung. ‘Human rights defenders and those calling for democratic reform on the ground can no longer afford for the Council to seek consensus resolutions at the expense of their protection.’

The adoption of the resolution under the Council’s technical cooperation and capacity-building Item ensures that Cambodia stays on the Council’s agenda for a further two years. CIVICUS maintains its call for the Council to establish a robust monitoring mechanism to adequately assess and address the human rights crisis and further election-related violations.

Civic space in Cambodia is rated 'repressed' by the CIVICUS Monitor. 

CIVICUS welcomes the adoption by consensus of a resolution on equal participation in political and public affairs by the UN Human Rights Council.

Statement at 48th Session of the UN Human Rights Council

Delivered by Roneo Clamor, Karapatan

CIVICUS and Karapatan welcome the High Commissioner’s update.

In June 2020, the UN High Commissioner for Human Rights said that violations of human rights, including the widespread and systematic killing of thousands of alleged drug suspects, attacks on human rights activists and the vilification of dissent, were pervasive in the country, and accountability for these actions are virtually non-existent. We have seen no human rights progress on the ground, and the crisis of accountability persists.

The UN national joint programme for human rights adopted in July 2021 has minimal prospects to improve the situation on the ground, particularly given the obvious lack of political will to do so.

Those who protect human rights and call for justice continue to be targeted and attacked. Activists have been killed over the year both by the security forces and unknown individuals. In many instances this occurred following reports of them being red-tagged. In virtually none of the cases has anyone been held accountable.

Others, like 64-year-old human rights worker Teresita Naul, have been arrested on trumped up criminal charges without due process. Senator Leila de Lima remains in prison for politically motivated charges because of her actions to investigate killings in the drug war.

The draconian Anti-Terror Act, adopted in 2020, appears to be aimed at further criminalising dissent.

Justice is about holding perpetrators of human rights violations accountable, reparations for the victims, and the non-repetition of the crimes and atrocities committed. None of these will be forthcoming under the current administration, or the current resolution. We urgently call on the Human Rights Council to establish an overdue independent investigation in the Philippines.

Thank you.

Civic space in the Philippine is rated as repressed by the CIVICUS Monitor

Statement at 48th Session of the UN Human Rights Council

Item 10: Interactive Dialogue with the Special Rapporteur on Cambodia

Delivered by Lisa Majumdar

Thank you, Madame President, and thank you Special Rapporteur. The shrinking civic space and political monopolisation raised in the report has entrenched Cambodia into a de facto one-party state.

Repressive laws are routinely misused to restrict civic freedoms, undermine and weaken civil society, and criminalize individuals for exercising their rights to freedom of expression, freedom of association and freedom of peaceful assembly. Human rights defenders, trade unionists, youth activists and journalists and other critical voices are routinely subject to judicial harassment and increasing online surveillance. Environmental activists from Mother Nature Cambodia, along with political activists, have been particularly targeted. Highly politicized courts mean that those arbitrarily detained and charged are often held for prolonged periods in pre-trial detention and have no chance of getting a fair trial.

These concerns have escalated over the past two years. The COVID-19 pandemic and the government’s repressive response have exacerbated restrictions on fundamental freedoms.

The main opposition party was dissolved in 2017 and its politicians remain barred from politics. Communal and national elections, set for 2022 and 2023 respectively, are likely to take place under a political climate severely unconducive to being free or fair.

The fragile veneer of democracy engendered by the Paris Peace Accords has disintegrated past the point of no return in recent years. Those calling for human rights on the ground can no longer afford for the Council to treat the situation as business-as-usual. The Council must take meaningful action now to address the ongoing human rights and political crisis in Cambodia.

Special Rapporteur, given that the Cambodian government has indicated no political will towards democratic or human rights reform, what action must the Council and member states take to protect civic space and contribute to concrete human rights progress on the ground?

We thank you.

Civic space in Cambodia is rated as "repressed" by the CIVICUS Monitor

Statement at 48th Session of the UN Human Rights Council

Item 10: Enhanced Interactive Dialogoue on the High Commissioner's report on the Democratic Republic of Congo

Delivered by Lisa Majumdar

Thank you, Madame President, and thank you High Commissioner for your report. We share your concerns on ongoing restrictions on civic freedoms. Journalists and HRDs continue to face threats, harassment, intimidation and arbitrary arrests, while protests have been at times met with disproportionate force.

In the past few months, under the state of emergency laws in the provinces of Ituri and North Kivu, three journalists - Joël Musavuli, Héritier Magayane and Barthelemy Kubanabandu Changamuka – were killed, and numerous others have received threats. Actualite.cd journalist Sosthène Kambidi was arrested by military officers last month on accusations of “criminal conspiracy, rebellion and terrorism” for being in possession of a video of the murder of two UN monitors in 2017. Kambidi was involved in a media investigation on the circumstances of those murders.

Protests are too often met with disproportionate force on the part of security forces. An opposition protest to demand the depoliticization of the national electoral commission in September 2021 was violently repressed by police officers in Kinshasa, who also beat and assaulted journalists who were covering the protest, including RFI correspondent Patient Ligodi.

Human rights defenders have been subjected to arbitrary detention and judicial harassment for their peaceful activism. LUCHA activists Elisée Lwatumba Kasonia and Eric Muhindo Muvumbu were arrested in April while calling for a strike to protest increasing insecurity. They were charged with “civil disobedience” and “threatening an attack” and released under stringent bail conditions in July. Other LUCHA activists, Parfait Muhani and Ghislain Muhiwa, have been charged with defamation, among other charges, and await trial before the Military Court.

We call on the Tshisekedi administration to ensure that fundamental freedoms are respected, including by reviewing all restrictive legislation, decriminalising press offences, and as a matter of urgency ensuring the protection of human rights defenders and journalists.

To ensure sustained improvements, ending impunity for rights violations, including those against civil society, must be a priority. To this end, we call on the Council to maintain critical ongoing efforts towards accountability, including that of the team of international experts on Kasai. We further ask the High Commissioner how members and observers of this Council can best support those on the ground to prevent further civic space violations.

We thank you.

Civic space in the Democratic Republic of the Congo (DRC) is rated as "repressed" by the CIVICUS Monitor

Statement at 48th Session of the UN Human Rights Council

Universal Periodic Review outcome adoption of Mozambique

Delivered by Lisa Majumdar

Thank you, Madame President.

We welcome Mozambique’s engagement with the UPR process, and its acceptance of 24 recommendations relating to civic space.

However, during its last UPR cycle, while Mozambique received 13 civic space recommendations, nine of these were not implemented. CIVICUS and JOINT – Liga das ONG em Moçambique are deeply concerned by the unwarranted restrictions on the freedom of expression and the deteriorating environment in which journalists and civil society activists operate. Physical attacks, intimidation and harassment are becoming increasingly common.

In August 2020, the headquarters of media outlet Canal de Moçambique was broken into and set on fire with petrol bombs. The media outlet had previously investigated and reported on corruption and the armed conflict in Cabo Delgado.

Physical attacks, intimidation and harassment of journalists and civil society activists have become increasingly common. Community radio journalist Ibraimo Abu Mbaruco’s whereabouts are still unknown since his disappearance in April 2020 in Palma, Cabo Delgado. In his last text message, he reportedly said he was “surrounded by the military”. In October 2019, Anastácio Matavel, civil society activist and founder and director of FONGA-Gaza NGO Forum, was shot and killed in Xai-Xai, Gaza Province, after attending a training session on election monitoring.

We regret that Mozambique did not accept recommendations related to access to conflict zones by civil society and the media and the registration of LGBTIQ associations. Authorities have denied CSOs and journalists access to work in and report from areas affected by the armed insurgency in Cabo Delgado and neighbouring provinces where there is a heightened presence of internally displaced people.

The Associação Moçambicana para a Defesa das Minorias Sexuais, LAMBDA, an organisation working on sexual minority rights, has been denied a certificate of registration by the Minister of Justice since 2008, despite a ruling by the Constitutional Court in October 2017 stipulating that the clause invoked to deny its registration is unconstitutional.

We call on Mozambique to further engage constructively with the UPR process by implementing the recommendations it has accepted, and we call on member states to hold Mozambique accountable for upholding its commitments.

We thank you.

Civic space in Mozambique is rated as obstructed by the CIVICUS Monitor

Universal Periodic Review on Human Rights -- Outcome Adoption for Paraguay

Delivered by Inés M. Pousadela

Thank you, Madame President.

Semillas para la Democracia and CIVICUS welcome the government of Paraguay’s acceptance of UPR recommendations pertaining the space for civil society. However, our joint UPR submission documents that Paraguay did not implement 13 of the 19 such recommendations it received during its previous review, and only partially implemented six.

As detailed in our submission, both state and non-state actors frequently attack, intimidate and judicially harass human rights defenders and journalists, particularly when reporting on protests, organised crime, corruption and human rights abuses; the hostile environment for journalists is fuelled from the highest political levels. Defenders of Indigenous and peasant communities and land rights activists are targeted in attacks often linked to agribusiness corporations; women’s and LGBTQI+ rights defenders face attacks perpetrated mostly by fundamentalist anti-rights groups. Examples abound of land rights defenders who suffered attempts on their lives, and some have been killed. Most aggressions remain unpunished.

Workers face strong legal obstacles to exercise their freedom of association, as well as de facto obstacles and direct attacks from non-state actors, notably private companies that threaten to fire them if they try to organise. The law does not adequately protect this freedom.

Our submission also shows that the freedom of expression is threatened by the systematic use of criminal defamation statutes by public figures to intimidate and silence critical journalists, especially when they investigate allegations of corruption. The deficient implementation of the Access to Information Law has restricted access to information that should be public, and instances of censorship as well as self-censorship have been recorded.

The exercise of freedom of peaceful assembly remains obstructed. Peaceful demonstrations, particularly by the peasant and Indigenous movement and communities mobilising for land rights, are frequently broken up with excessive force, typically leading to people being arrested or injured, and occasionally resulting in fatalities.

We call on the Government of Paraguay to take proactive measures to address these concerns and implement recommendations to create and maintain, in law and in practice, an enabling environment for civil society.

We thank you.

Civic space in Paraguay is rated as obstructed by the CIVICUS Monitor.

Niger must take opportunity to consolidate its democracy and lift restrictions on civic space

Universal Periodic Review on Human Rights -- Outcome Adoption for Niger 

Delivered by David Kode

Thank you, Mr President.

We welcome Niger’s participation in the UPR process and Niger’s acceptance of all recommendations related to civic space. We are however concerned about civic space restrictions and the fact that the Niger did not implement the majority of the recommendations it received during the previous cycle.

As detailed in our submission, we are concerned about the targeting of human rights defenders, journalists and bloggers who have raised concerns over corruption in certain government departments. We are also concerned about restrictions to peaceful assemblies and the fact that the authorities are limiting protests to certain days of the week. In 2020, three protesters were killed during protests in Niamey in 2020 and in March of the same year, 15 human rights defenders were arrested for protesting against corruption in the Department of Defence.

Since the adoption of the Press Law in 2010 which eliminates prison terms for media offences, journalists continue to be targeted while covering protests or for raising concerns online over the actions of governments.

The election of President Mohamed Bazoum in Niger’s first ever democratic transition presents an opportunity for Niger to consolidate its democracy, lift restrictions on civic space and implement all recommendations accepted during Niger’s UPR. We urge Niger to do so and for other member states to support it in upholding its human rights commitments.

We thank you.

Civic space in Niger is rated as Repressed by the CIVICUS Monitor  

Amidst emerging threats to civic space, representatives from civil society called on Singapore’s Government to abide by its international legal obligations and commitments to respect fundamental freedoms in a Human Rights Council side event held on 29 September, a day before the adoption of the outcomes from Singapore’s Universal Periodic Review (UPR).

Universal Periodic Review on Human Rights -- Outcome Adoption for Singapore

Delivered by Cornelius Hanung

Thank you, Madame President.

Singapore has fully accepted just four of the 21 recommendations on civic freedoms during this UPR cycle. It has done so on the basis that ‘the right to freedom of speech, expression and assembly is guaranteed under the Singapore Constitution’ and that ‘a balance must be struck between an individual’s freedom of speech and the need to preserve a harmonious society.’

During its last UPR cycle, Singapore accepted eight recommendations on civic space. None were fully implemented; contrary to its claims of upholding the rights guaranteed in its Constitution, Singapore has persistently failed to address unwarranted restrictions to the freedoms of peaceful assembly and expression.

The government has eroded freedom of peaceful assembly by its continuous deployment of the 2009 Public Order Act, which has been regularly used to harass and investigate activists and critics for organising peaceful gatherings, and even towards solo protests.

The government has also continued to use restrictive laws to criminalise dissent. The 2017 Administration of Justice (Protection) Act, a vaguely-worded contempt of court law, has been used to prosecute human rights defenders for criticism of the courts, under the guise of protecting the judicial system. The authorities have also failed to reform laws restricting media freedom and introduced the 2019 Protection from Online Falsehoods and Manipulation Act to harass the political opposition, activists, journalists and civil society. A Foreign Interference Countermeasures bill recently introduced by the government will potentially narrow civic space even further.

Far from preserving a ‘harmonious society,’ these restrictions serve only to silence legitimate political dissent. We call on Singapore to engage constructively with the UPR process and international human rights mechanisms by implementing the recommendations it has accepted, to ratify the International Covenant on Civil and Political Rights (ICCPR), and to establish a national human rights body, and we call on member states to hold Singapore to account to its commitments.

We thank you.

Civic space in Singapore is rated as Obstructed by the CIVICUS Monitor  

Statement at 48th Session of the UN Human Rights Council

Item 5: Interactive Dialogue on the Secretary-General’s report on reprisals

Delivered by Lisa Majumdar

Thank you, Madame President, and thank you Secretary-General for this important report. Civil society engagement is fundamentally necessary to ensure adequate reporting to these mechanisms and to promote human rights, in and outside the UN, and acts of reprisal threaten to weaken this engagement.

Acts of reprisals by members of this Council are particularly egregious. There are multiple allegations against China of intimidation and reprisals against human rights defenders and civil society organisations that cooperated, or were perceived as cooperating, with the UN, in particular through their arbitrary detention. This must be addressed by this Council.

A particularly disturbing trend highlighted in the report is that of legislation affecting the ability of civil society to engage with the UN, such as Nicaragua’s Law 140 on the Regulation of Foreign Agents, which means that organisations now risk their registration for receiving technical assistance or funding for service provision, research, reporting or advocacy. It is essential that a resolution by the Human Rights Council to address reprisals addresses this concerning pattern.

An act of reprisal perpetrated by Cambodia against prominent Cambodian human rights defender and monk, Venerable Luon Sovath, during a debate held in the Human Rights Council’s 45^th Session serves to illustrate the lack of political will of Cambodia to engage meaningfully with the Council. We urge States to ensure that this is reflected in any action taken by the Council on Cambodia.

We further urge Member States to go beyond refraining from such acts of intimidation and reprisals, to addressing them. The time is overdue to impose a real political cost for the deliberate weakening of our collective human rights mechanisms.

We thank you.

Statement at the 48th Session of the UN Human Rights Council

Delivered by Lisa Majumdar

Thank you, Madame President.

A number of countries have experienced serious and rapid decline in respect for civic freedoms in the last months. We call upon the Council to do everything in their power to immediately end the ongoing civic space crackdowns which are a foreshadowing of worse violations to come.

In Afghanistan, against a backdrop of deepening human rights, humanitarian and economic crisis, activists face systematic intimidation and are at grave risk. The Taliban are carrying out house-to-house searches for activists and journalists, and have responded with excessive force, gunfire and beatings to disperse peaceful protests, leading to deaths and injuries of peaceful protesters. The Council previously failed to take swift action to establish a monitoring and accountability mechanism. We urge it to remedy this missed opportunity now.

In Belarus, attacks on human rights defenders and independent journalists have intensified, against the backdrop of recent draconian changes to the Mass Media Law and to the Law on Mass Events which were adopted in May 2021. We call on the Council to ensure that arbitrarily detained human rights defenders are released, and perpetrators of violations are held to account.

Since the end of May, Nicaragua’s authorities have carried out a further crackdown on civil society and the opposition. Dozens of political leaders and human rights defenders were arrested and prosecuted as the government acted to silence critics and opponents ahead of presidential elections in November, a context which renders free and fair elections impossible. It is essential that the Council escalates its international scrutiny of Nicaragua to further accountability and justice for crimes under international law.

We thank you.

Civic space in Afghanistan, Belarus and Nicaragua is rated as repressed by the CIVICUS Monitor 

Statement at the 48th Session of the UN Human Rights Council

General Debate – Item 4

Madam President,

In the spirit of Agenda Item 4, we would like to call the attention of the Council to the Human Rights situation of LGBTI persons in Ghana in light of the recent Anti-LGBTI draft bill being discussed in the country. As expressed jointly by eleven Special Procedures of this Council, the draft legislation is “a recipe for violence”¹.

The bill being discussed not only attempts to criminalise same-sex conduct, but also promotes harmful practices such as unnecessary medical interventions on intersex children² and so-called conversion therapies. This bill also enables the state to prevent human rights defenders from organising themselves to defend LGBTI people, and absolutely prohibits public debates that advance the protection or promotion of the rights of LGBTI persons. Ultimately, this bill legitimises state and societal violence.

The provisions contained in the draft legislation not only criminalise LGBTI persons but anyone who supports their human rights, shows sympathy to them or is even remotely associated with them³.

Human rights defenders or anyone registering, operating or participating in an activity to support an organisation working on LGBTI people’s rights could face up to 10 years of imprisonment. The Bill also criminalises any production and dissemination of so-called LGBTI “propaganda” with imprisonment between 5 to 10 years.⁴

The discussion of such draft legislation has already significantly and alarmingly promoted a rise in discrimination and violence against LGBTI persons in Ghana.

The adoption of this bill has major implications on the already marginalised and vulnerable LGBTI community. It will exacerbate existing economic, legal, societal and public health inequalities which will make it more difficult for the community to exist safely in society. Adopting such a bill would be a direct infringement to core international human rights as dignity, equality and non-discrimination, the rights to freedom of expression, association and privacy, and the absolute prohibition of torture.

We urge the Ghanaian Government to take all measures to protect LGBTI persons from violence and discrimination and refrain from adopting any legislation that will violate the human rights of this community and those who defend their rights. We also call on this Council, UN Member States, the High Commissioner for Human Rights, and all relevant stakeholders to remain seised of this matter.

Thank you.

List of organisations co-sponsoring this statement:

1. Amnesty International
2. Article 19
3. CIVICUS
4. Human Rights Watch
5. International Commission of Jurists
6. International Lesbian and Gay Association
7. International Service for Human Rights
8. International Movement Against All Forms of Discrimination and Racism (IMADR)
9. OutRight Action International

List of organisations supporting this statement:

1. LGBT+ Rights Ghana
2. Pan Africa ILGA
3. Solace Initiative

¹OHCHR: Ghana: Anti-LGBTI draft bill a “recipe for violence” – UN experts.
²OHCHR. Communication OL GHA 03/2021.
³OHCHR: Ghana: Anti-LGBTI draft bill a “recipe for violence” – UN experts.
⁴Amnesty International: Ghana: Anti-LGBTI Bill Stirs Up Hatred, Persecution And Discrimination.

Civic space in Ghana is rated as narrowed by the CIVICUS Monitor

Statement at the 48th Session of the UN Human Rights Council

Delivered by Paul Mulindwa

Thank you, Madame President.

CIVICUS and independent Burundian civil society organisations welcome the work of the UN Commission of Inquiry (CoI) on Burundi, and its comprehensive report on situation of human rights in the country, which provides critical oversight. We urge the UN Human Rights Council to ensure continued scrutiny of Burundi through the renewal of this mandate.

There has been no improvement in the human rights situation in Burundi since the 2020 change in government. Civic space remains closed, with independent and critical voices, including civil society organisations and human rights defenders targeted. Lawyer Tony Germain Nkina, was sentenced to five years in prison as recently as June 2021. Several media outlets are still unable to operate due to restrictions. Many civil society activists and independent journalists remain in exile, while those in Burundi continue to face intimidation, detention, or trials on trumped up charges.

Armed clashes between members of the security forces, sometimes supported by the Imbnerakure, and members of armed groups, continue with increased attacks on civilians.

In light of this, we reiterate our calls on the Council to renew the CoI’s mandate to ensure continued monitoring and documentation of the human rights situation. We call on the government of Burundi to fully implement the 2020 electoral and presidential promises on improving the human rights situation in the country.

We thank you.

Civic space in Burundi is rated as closed by the CIVICUS Monitor

Statement at the 48th Session of the UN Human Rights Council

Interactive Dialogue with the Commission on Human Rights in South Sudan

Delivered by Paul Mulindwa

CIVICUS and its partners in South Sudan thank the Commission on Human Rights in South Sudan for their update and this crucial continued scrutiny.

We welcome steps taken to implement recommendations of the Revitalized Peace Agreement. However, its implementation continues to be slow.

Despite renewed commitment towards the formation of the Government of National Unity, there is no improvement in the human rights situation. Dire humanitarian, food security, and economic conditions in the country continue to have an enormously detrimental effect on civilians. Localised violence continues unabated in many parts of the country. We are gravely concerned by reports of extrajudicial executions carried out by government forces in Warrap State in July of at least 42 people. Thirteen people were arbitrarily executed in June at the instruction of state officials in Cueibet and Rumbek East.

Civic space is closed, with independent and critical voices, including human rights defenders particularly targeted. The Commission has highlighted the troubling practice of surveillance of journalists and activists to instil fear. We continue to see restrictions on freedom of expression, peaceful assembly, and association; arbitrary arrest and detention; and sexual violence. The current arrests of activists and crackdown on peaceful protests in South Sudan is particularly concerning.

We call on the South Sudan government to take concrete steps to ensure human security and protection of human rights.

We ask the Commission what are the next steps that the Council and members states do to further accountability, as well as to enhance protection and promotion of human rights and fundamental freedoms?

We thank you. 

Civic space in South Sudan is rated as closed by the CIVICUS Monitor

Statement at the 48th Session of the UN Human Rights Council

Delivered by Lisa Majumdar

Thank you, Madame President.

No one should be arbitrarily detained simply for peacefully protecting equality, freedom and justice for all. But worldwide, people are in prison for standing up for their rights and for the rights of their communities.

Teresita Naul is a human rights defender who dedicated her life to protecting the poorest and the most marginalised. She is detained in the Philippines under spurious charges. Teresita’s case is illustrative of how the Philippines has repeatedly criminalised the work of human rights defenders.

Sudha Bharadwaj is a human rights lawyer, and one of many human rights defenders charged and detained in India under the Unlawful Activities Prevention Act. This is a clear example of a case in which the use of vague and overly broad national security and anti-terrorism provisions has given authorities wide discretion to criminalise peaceful activities, a tactic highlighted by the Working Group on Arbitrary Detention.

María Esperanza Sánchez García is human rights defender detained in Nicaragua, where false charges have been used as a strategy to criminalise activists and defenders to deny them status of political prisoner, and arbitrary detention used as a tactic to dismantle the political opposition.

Abdulhadi Al-Khawaja, Co-Founder of the Gulf Centre for Human Rights, has spent a decade arbitrarily detained in Bahrain. This year he turned 60 in prison, separated from family and friends.

Human rights defenders are critical to the functioning of the Council’s mandate. We call on the Council to ensure that States who routinely practice arbitrary detention of human rights defenders are held to account and to ensure that human rights defenders are protected and can continue their vital work.

We thank you.

Civic space in the Philippines, India and Nicaragua is repressed and closed in Bahrain as rated by the CIVICUS Monitor

Statement at the 48th Session of the UN Human Rights Council

 Interactive Dialogue with Special Rapporteur on Myanmar

Delivered by Lisa Majumdar

We thank the Special Rapporteur for his progress report.

More than a thousand civilians have been killed in Myanmar since February’s coup. The junta has continued its terror campaign against human rights defenders. Many have been forced into hiding. Many others, unable to flee, have been arbitrarily arrested, including environmental and labour rights defenders and student activists. Some have been tortured or ill-treated.

Arbitrary amendments of the penal code by the junta, outlawing so-called ‘false news,’ has effectively made independent journalism a crime. The threat of arrest has driven many news organisations to close their offices and forced journalists underground or into exile. Two journalists were arrested just last month at an apartment where they had been hiding in Yangon. Authorities have banned satellite media and imposed rolling restrictions on the internet.

The situation in Myanmar cannot be forgotten and its fragile democratic gains lost to history. Dictatorship must not be allowed to remain in place through inadequacy of the international response.

The Special Rapporteur has already made urgent calls on States:

• To outlaw the export of arms to the Myanmar military, as called for by the General Assembly;
• To impose systemic sanctions, targeting military-controlled enterprises;
• To cordinate investigations of ongoing crimes under universal jurisdiction;
• To increase humanitarian aid through the National Unity Government, local humanitarian networks and community-based organisations;
• And to reject any claims of legitimacy that the junta may try to assert.

We call on States to take these steps to ensure that rhetoric at the UN translates to action to provide the support so desperately needed by those on the ground.

Thank you.

Civic space in Myanmar is rated as repressed by the CIVICUS Monitor

#Malaysia: The government should respect human rights and implement a comprehensive program of reforms as it seeks UN Human Rights Council membership https://t.co/9lwz41q3TY #UNGA #HRC48 pic.twitter.com/JCzX4jqU6d

— CIVICUS (@CIVICUSalliance) September 21, 2021

YAB Dato Sri Ismail Sabri Yaakob
Prime Minister of Malaysia
Pejabat Perdana Menteri, Blok Utama, Bangunan Perdana Putra, Pusat Pentadbiran Kerajaan Persekutuan, 62502 Putrajaya, Malaysia

Dear Prime Minister,

We, the undersigned international human rights organisations—ARTICLE 19 and CIVICUS World Alliance for Citizen Participation—call on the new government of Malaysia to implement a comprehensive program of reform to strengthen human rights in Malaysia, especially the rights to freedom of expression, association, and peaceful assembly, as a prospective member of the UN Human Rights Council. Malaysia must also sign and ratify the International Covenant on Civil and Political Rights (ICCPR) and demonstrate that it is committed to protect human rights.

During the Human Rights Council pledging session on 8 September 2021, organised by Amnesty International and International Service for Human Rights, H.E. Dr Ahmad Faisal Muhamad expressed Malaysia’s unequivocal commitment to advancing human rights for all, noting the domestic legislation in place to enable citizens to “exercise rights and freedoms responsible and not to suppress them.” However, over the last two years there has been a deterioration in the state of human rights and fundamental freedoms under the former Prime Minister Muhyiddin Yassin’s government. This has included violations of the rights to freedom of expression, association, and peaceful assembly, the failure to ratify key international human rights treaties, including the ICCPR, together with the government’s dismal record of cooperating with the UN human rights system.

As the government seeks membership to the UN Human Rights Council and has made public pledges to uphold human rights, it is imperative that the new government takes sincere and concrete action to improve its rights record at home. The new government has a unique opportunity to reverse the rights-violating actions of its predecessors and shift to a new rights-respecting approach. Legal and policy reform are pivotal to attain this and would demonstrate a genuine intention from the new government to meet its international human rights obligations.

Without overhauling the violations and abuse of human rights in its country, Malaysia cannot be a valuable and effective member of the Human Rights Council.

Freedom of expression, peaceful assembly, and association
Several laws in Malaysia unduly fetter the rights to freedom of expression, peaceful assembly, and association. In order to fulfil its pledges made to the Human Rights Council, Malaysia must repeal or substantially revise the following laws:

• The Sedition Act 1948 – Despite the former government’s commitment to conduct a study and a review of the security laws, including the Sedition Act, the authorities aggressively applied the law, primarily against government critics. Between January and August 2021, NGOs documented the investigation of 17 cases involving 37 individuals under the Sedition Act. The recent investigation of the #Lawan protest organisers under the Sedition Act is worrying and runs contrary to Malaysia’s international human rights obligations. The new government must follow-through with its pledge to review this archaic colonial law and should ultimately repeal it, noting that it has no place in a rights-respecting democracy.

• The Communications and Multimedia Act 1998 – Under the former government, the Communications and Multimedia Act continued to be used as the primary tool to censor human rights defenders, journalists, artists, political opponents, and ordinary members of the public who have been critical of government officials or Malaysian royalty or shared opinions about issues deemed sensitive, such as race and religion. We are encouraged to hear H.E. Dr Ahmad Faisal Muhamad state during the Human Rights Council pledging session on 8 September 2021 that, “the government is in the midst of amending the Communications and Multimedia Act.” The new government must ensure the Act is adequately reformed in consultation with stakeholders so it can no longer be used by authorities as a weapon to silence expression.

• The Peaceful Assembly Act 2012 – In its pledges to the Human Rights Council, the government committed to a review of the problematic Peaceful Assembly Act. It is imperative that this review leads to legislative reform of this law, which authorities have used to target protest organisers and discourage assemblies. The space for peaceful protests shrank considerably under the previous administration, who disrupted gatherings critical of authorities and arbitrarily arrested peaceful protesters under the guise of dealing with the pandemic. We urge the new government to reverse this approach and ensure adequate protection for the right to freedom of peaceful assembly.

• The Societies Act 1966 – Muhyiddin’s government utilised the broad powers of the Societies Act to delay and even reject the formation of new political parties, undermining the right to freedom of association, which is critical in a functioning democracy. While not included in its written pledges, we encourage the government to substantively revise this law, ceasing its use as a barrier to the exercise of the freedom of association.

• Other legislation routinely used to silence dissent includes Sections 504 and 505b of the Penal Code, the Printing Presses and Publications Act 1984, the Film Censorship Act 2002, Section 114 of the Evidence Act 1950, and the Official Secrets Act 1972. Wholesale reform of these laws is required to ensure that the right to freedom of expression can be exercised in the country without fear.

The reform or repeal of the aforementioned laws have been repeatedly raised by the Malaysian human rights commission, human rights groups, the UN High Commissioner for Human Rights, UN Special Rapporteurs, and other States as essential to safeguarding human rights in the country. Encouragingly, during the pledging session, H.E. Dr Ahmad Faisal Muhamad stated that “the government is cognizant of the need to continuously review these acts to make sure that they continue to be efficient, continue to be relevant, and in line with international standards.” To demonstrate that this commitment is sincere, the government must prioritise meaningful legislative reform of all laws impeding on the rights to freedom of expression, association, and peaceful assembly.

Undermining accountability mechanisms
ARTICLE 19 and CIVICUS are further concerned that domestic accountability mechanisms have been weakened in Malaysia. While the Human Rights Commission of Malaysia (SUHAKAM) retains its “A” status as a National Human Rights Institution, SUHAKAM’s yearly reports have been largely ignored by the government. Although SUHAKAM’s 2018 report was debated for the first time in parliament after 19 years under the previous Pakatan Harapan government in December 2019, there was a lack of follow-through by Muhyiddin’s government.

Concerningly, on 8 August 2021 SUHAKAM announced that its commissioners have been called in for police questioning over their attendance as monitors at the #Lawan protest. Two SUHAKAM commissioners, Jerald Joseph and Dato Mah Weng Kai, were investigated on 5 August at the Dang Wangi District Police Headquarters under Section 21A of the Prevention and Control of Infectious Diseases Act 1988 and the Peaceful Assembly Act.

In presenting its candidacy for membership of the UN Human Rights Council, Malaysia made the voluntary commitment to “[c]ontinue to strengthen human rights institutions and mechanisms in Malaysia.” The government pledged funding support, law review, and more government agency engagement with SUHAKAM. A crucial requirement for fulfilling this pledge is for the government to meaningfully engage with SUHAKAM, viewing them as a key partner in upholding human rights.

Discrimination
In its pledges to the Human Rights Council, the government stated that it would “continue to promote diversity,” and that it “firmly embraces the values of inclusivity, acceptance, and understanding in ensuring harmony and peaceful coexistence.” The government asserted that it will take a “whole-of-society approach in the promotion and protection of human rights in the country.”

Despite legislative protections in Malaysia, namely Article 8(2) of the Malaysian Constitution, which prohibits discrimination on the grounds of religion, race, descent, place of birth or gender, systemic discrimination against minorities persists. ARTICLE 19 and CIVICUS are concerned about homophobic and discriminatory language and actions directed at LGBTQI communities, refugees, migrants, and religious minorities in Malaysia. Any form of national unity must include the rights of minorities, and there is a crucial need for more inclusive and non-discriminatory policies in place.

Police reform
While the government made no reference to police reform in its pledges to the Human Rights Council, ARTICLE 19 and CIVICUS note that it is a pivotal aspect of improving rights protection in Malaysia. Police reform should be prioritised alongside legal reform, as the arbitrary implementation of rights-respecting laws can still lead to human rights violations.

ARTICLE 19 and CIVICUS have recorded dozens of incidents of harassment and intimidation by police against activists, human rights defenders and ordinary citizens because of the exercise of their right to freedom of expression. Without police reform, existing restrictive legal provisions will continue to be used to intimidate vocal critics and to shrink civic space in Malaysia.

The new government must reform the Royal Malaysia Police and establish a dedicated Independent Police Complaints and Misconduct Commission (IPCMC) with a mandate to receive and investigate complaints about police misconduct and abuse. The IPCMC should be given the necessary powers to investigate abuses, compel cooperation from witnesses and government agencies, subpoena documents, and submit cases for prosecution.

Commitments to the UN human rights mechanisms
It is encouraging to hear Malaysia’s pledge to assess, monitor and implement its Universal Periodic Review (UPR) recommendations. The government has committed to work closely with the UN Office of the High Commissioner for Human Rights (OHCHR) and the UN in Malaysia to jointly develop a UPR “Monitoring Matrix” to measure the implementation of UPR recommendations that Malaysia has accepted. It has also committed to a “multi-stakeholder biannual consultation” with involvement from civil society and the UN to follow up on UPR recommendations. If adequately acted upon, these commitments could give rise to far-reaching improvements to human rights in Malaysia.

Despite this, the government’s cooperation with mechanisms of the UN Human Rights Council has historically been incredibly poor. Civil society groups working on the UPR process in Malaysia, in their 2021 midterm UPR report, concluded that steps towards ratifying the core human rights instruments, including the ICCPR, have progressed extremely slowly despite commitments made since the first UPR cycle in 2009. ARTICLE 19 and CIVICUS hope the new administration will speed up the process of ratification to illustrate its commitment to human rights as it seeks Human Rights Council membership.

In 2019, the Pakatan Harapan government implemented a policy of standing open invitations for visits by the UN Special Procedures. Malaysia has previously hosted various Special Rapporteurs including on the sale and sexual exploitation of children, on the human rights to safe drinking water and sanitation, and on extreme poverty and human rights. The new government should uphold this policy of open invitations, and in particular extend invitations to the Special Rapporteurs on the Rights to Freedom of Peaceful Assembly and of Association, on the Promotion and Protection of the Right to Freedom of Opinion and Expression, and on Freedom of Religion or Belief. ARTICLE 19 and CIVICUS urge the new government to respond to individual communications from Special Procedures and enter into meaningful dialogues with UN experts rather than deny allegations outright as previous governments have.

Recommendations
To demonstrate its commitment to human rights as a prospective member of the UN Human Rights Council, ARTICLE 19 and CIVICUS make the following recommendations to the Malaysian government:

• Ratify the core human rights instruments and their optional protocols, including the ICCPR, and rescind reservations to existing treaties that are contrary to their objectives and principles;
• Extend a standing invitation to all UN Special Procedures, and act swiftly to facilitate visits by the mandates on freedom of expression and on freedom of peaceful assembly and association;
• Implement all recommendations made by UN Member States during the previous cycle of Malaysia’s UPR, in particular those relating to civic space;
• Repeal the Sedition Act 1948, the Printing Presses and Publications Act 1984, Official Secrets Act 1972, and the Film Censorship Act 1998;
• Reform the Communications and Multimedia Act 1998, in particular Section 233(1)(a), to ensure it fully complies with international freedom of expression law and standards;
• Reform the Penal Code, including Sections 504 and 505b, the Peaceful Assembly Act 2012, Section 114 of the Evidence Act, and the Societies Act 1966 in accordance with international law and standards;
• Drop all investigations and charges against those exercising their right to freedom of expression, including social media users;
• Ensure authorities do not harass or instigate arbitrary criminal investigations and proceedings against human rights defenders, protesters, activists, media workers, or opposition political figures;
• Consult with civil society organisations on the shortcomings of Malaysia’s legal framework as they relate to freedom of expression and access to information;
• Establish an IPCMC to investigate police abuses as per the recommendations of the Royal Commission to Enhance the Operation and Management of the Royal Malaysia;
• Should Malaysia be granted membership to the Human Rights Council, ensure it exercises earnest efforts to defend and enhance international human rights standards and ensure accountability for human rights violations and abuses in other countries in Southeast Asia and worldwide.

ARTICLE 19 and CIVICUS express sincere hope that the new government will take these steps to address the human rights concerns highlighted above and stand ready to engage in constructive dialogue to support such efforts. We hope to hear from you regarding this matter as soon as possible.

Yours sincerely,

ARTICLE 19 and CIVICUS.

Cc. Permanent Mission of Malaysia to the United Nations Office and other international organizations in Geneva
International Center Cointrin
Bloc H
Route de Pré-Bois 20
1215 Geneva 15

For more information, contact:

David Diaz-Jogeix, ARTICLE 19 Senior Director of Programmes, , or
Josef Benedict, CIVICUS Civic Space Researcher, .

Civic space in Malaysia is rated as obstructed by the CIVICUS Monitor.

Statement at the 48th Session of the UN Human Rights Council

Delivered by Lisa Majumdar

Thank you, Madame President.

We welcome that the High Commissioner raised the appalling situation for environmental human rights defenders and we call on the Council to address violations against all human rights defenders across the globe. Participation of civil society without fear of reprisal is vital to working collaboratively towards solutions to all human rights concerns.

We further call on the Council this Session to strengthen equal participation by addressing repression of civic space and the rollback of democratic freedoms in response to the COVID pandemic. This includes particularly violations of access to information and freedoms of expression and assembly through internet shutdowns, and in the context of elections.

We welcome the High Commissioner’s update on Afghanistan and reiterate a call for the Council to create a gender-sensitive, independent investigative mechanism. The courage of those calling for justice on the ground, at grave personal risk, cannot be overstated and it is vital that their efforts be supported by the international community.

In Nicaragua, we call for the immediate release of arbitrarily detained political opposition leaders, human rights defenders and journalists, and for overdue electoral reforms. We welcome the High Commissioner’s update on Sri Lanka; ongoing shrinking civic space in the country undermines claims of reconciliation and accountability efforts.

On Cambodia, in the midst of a dramatically worsening human rights situation including persisting restrictions on civic space and the repression of dissent, and ahead of elections scheduled for 2022 and 2023, it is imperative that the Council this session takes action to adequately address violations through mandating monitoring and reporting by the High Commissioner.

We thank you.

Civic space in Afghanistan, Cambodia and Nicaragua is rated as repressed by the CIVICUS Monitor.

To Members and Observer States of the United Nations Human Rights Council

The undersigned civil society organizations are writing to draw your attention to the ongoing human rights crisis in Cambodia and to call for your support at the upcoming 48th session of the UN Human Rights Council (the “Council”) to ensure that the resolution on Cambodia effectively reflects the significant deterioration of the human rights situation in the country and enhances the monitoring and reporting by the Office of the United Nations High Commissioner for Human Rights (OHCHR).

The human rights situation in Cambodia has continuously worsened since 2017, as the government-controlled courts dissolved the main opposition party, the Cambodia National Rescue Party (CNRP), and barred its co-founders, Sam Rainsy and Kem Sokha and more than a hundred CNRP politicians from politics, while replacing over 5,000 locally elected officials with members of the ruling Cambodian People’s Party (CPP).

The situation has further deteriorated since the last Human Rights Council resolution on Cambodia was adopted in September 2019. Judicial harassment against opposition members has sharply increased, including through the conduct of mass trials against them in more recent months. Human rights defenders, activists, independent media and media workers, and trade unionists have continued to be relentlessly persecuted through judicial harassment and legal action. Environmental human rights defenders and youth activists have specifically been targeted: recently, six members¹ of Mother Nature - a grassroots environmental group - were detained under serious charges including “plotting” to overthrow the government and face up to 10 years in prison. A highly politicized judicial system renders the prospect of fair trials for those deemed a threat to the interests of the government virtually non-existent.

The government has used the Covid-19 pandemic as an excuse to significantly expand its powers through an over-broad and vague state of emergency law² ; a similarly broad Covid-19 law that allows for up to 20-year prison sentences for violations of Covid-19 measures; and the selective prosecution of political opponents who criticized the government’s Covid-19 efforts. The government also failed to protect human rights in its Covid-19 response. The government’s lockdowns were imposed without ensuring access to adequate food, medical, and other humanitarian assistance, and authorities took insufficient steps to prevent major Covid-19 outbreaks among the prison population in a penal system plagued by chronic overcrowding.

Laws are routinely misused in Cambodia to restrict human rights, undermine and weaken civil society, and criminalize individuals for exercising their rights to freedom of expression, peaceful assembly and association. The authorities continue to adopt repressive legislation, with complete lack of oversight. In the past year, the government has taken drastic measures to further increase online surveillance, clamp down on freedom of expression online and erode privacy rights. In February 2021, the authorities adopted the “Sub-decree on the Establishment of a National Internet Gateway” which aims at forcing all web traffic and internet connections through government controlled and monitored gateways by February 2022. The pending “Draft Law on Cybercrime” and the “Draft Law on Public Order” would provide further tools to criminalize freedom of expression or behaviors in the digital, print, and public spaces, in addition to legislation already denounced by the Special Rapporteur on the human rights situation in Cambodia and other UN Special Procedures³.

Noting the announcement of Commune Council elections to be on June 5, 2022, we are deeply concerned that there has been no meaningful progress to restore human rights.

The Council has a critical role to play in addressing the ongoing human rights crisis in Cambodia. It is imperative that the Council takes robust action with regard to the government’s escalating repression by sending a strong signal at its 48th session - the last opportunity within the context of the biennial Human Rights Council resolution to address the human rights crisis in Cambodia before the Commune Council elections in 2022 and the National Assembly elections in 2023. For this reason, our organizations urge the Human Rights Council to:

• Renew the mandate of the Special Rapporteur on the human rights situation in Cambodia, so as to allow the mandate to continue to work on long-term issues.
  
  
• Request the OHCHR to monitor and report on the situation of human rights in Cambodia, and in particular in the context of the electoral process, and to present to the Human Rights Council an oral update with recommendations at the 49th session, to be followed by an interactive dialogue, and to present a written report at the 51st session in an enhanced interactive dialogue with the Special Rapporteur on Cambodia.
  
  
• Highlight escalating repression and restrictions on human rights, including persecution of human rights defenders, media workers and trade unionists, and misuse of legislation to restrict human rights.

We further urge your government, during the 48th session of the Human Rights Council, to speak out clearly against ongoing violations in Cambodia.

We remain at your disposal for any further information.

Sincerely,

1. Amnesty International
2. ARTICLE 19
3. Asian Forum for Human Rights and Development (FORUM-ASIA)
4. CIVICUS – World Alliance for Citizen Participation
5. Human Rights Watch
6. International Federation for Human Rights (FIDH)
7. World Organisation Against Torture (OMCT)

¹In May 2021, the authorities convicted and sentenced three Mother Nature activists to 18 and 20 months in prison. Two others were convicted in absentia.
In June 2021, the authorities arrested four Mother Nature activists, released one, and maintained the other three in pre-trial detention.
²The Law on the Management of the Nation in State of Emergency (April 2020)
³See, for example, Law on Associations and Non-Governmental Organizations (LANGO), Law on Trade Unions, Law on Political Parties

 Civic space in Cambodia is rated as repressed by the CIVICUS Monitor.

Statement at the 48th Session of the UN Human Rights Council

Enhanced Interactive Dialogue on the situation of human rights in the Tigray region of Ethiopia

Delivered by Paul Mulindwa

Thank you, Madame, President, and thank you High Commissioner for this timely update which indicates serious violations of international law, possibly amounting to war crimes and crimes against humanity. 

CIVICUS is particularly concerned about continued reports of extrajudicial killings, widespread serious sexual violence, as well as destruction of crops and refugee camps, attacks on civilian infrastructure, including factories, schools, and hospitals, underscored by obstruction of humanitarian assistance. 

Civil society organisations, including Norwegian Refugee Council, Médecins Sans Frontières, and Al Maktoum Foundation have been suspended for doing their legitimate work. These suspensions hinder the accessibility of humanitarian relief by the famine-stricken populations and represent a clear attempt to silence the public communication of humanitarian organizations operating in the region. Reported telecommunications restrictions in order to control communication channels have left people unable to access key information and made it harder for victims and witnesses of violations to share their testimony.

While we welcome commitments made by the Government of Ethiopia to hold accountable those responsible for such abuses, the findings presented by the High Commissioner show the urgent need for the Human Rights Council to mandate an independent, transparent, and impartial investigation into the crimes reported to further such measures and ensure that those responsible for these human rights abuses are held to account regardless of rank or affiliation.

We thank you. 

Civic space in Ethiopia is rated "repressed" by the CIVICUS Monitor.

Statement at the 48th Session of the UN Human Rights Council

Interactive Dialogue on report of the Independent Investigative Mechanism for Myanmar

Thank you, Madame President.

We thank the Mechanism for their report. In a year which has seen a coup perpetrated by a military junta which has been implicated in crimes against humanity, the work carried out by this mandate to facilitate justice and accountability for past serious crimes and contribute to the deterrence of further atrocities has never been more critical.

Indeed, the report concludes that the Myanmar junta has committed serious international crimes since seizing power on 1 February 2021, continuing a cycle of impunity, violence and deaths. Among the serious crimes noted has been the use of lethal force, including the use of live ammunition, against protesters in multiple locations.

The Mechanism itself highlights that its work to collect, consolidate, preserve and analyse evidence is a contribution towards what must be a wider effort towards criminal accountability and justice. We call on Member States to take measures to ensure that such an accountability process takes place, including by referring Myanmar to the International Criminal Court or an independent tribunal. Failing to do so would be a grave abdication of responsibility to the victims of grave human rights violations, their families and communities, who have deserved accountability and justice for so long.

The work of the mechanism would not be possible without participation from witnesses and victims of violations and civil society activists. The courage of those who do cannot be overstated. We therefore further call on Member States to facilitate the protection of witnesses and prevent any reprisals for cooperation with the Mechanism.

We ask the Mechanism what steps it is taking to systematize engagement with civil society, and what steps it is taking to ensure sustainability in the event of budget restrictions?

Civic space in Myanmar is rated as repressed by the CIVUCUS Monitor