2020 marks 75 years since the founding of the United Nations (UN). CIVICUS is speaking with civil society activists, advocates and practitioners about the roles the UN has played so far, the successes it has achieved and the challenges ahead. CIVICUS speaks with Yolette Etienne, Action Aid Country Director in Haiti.

Overall, what would you say have been the greatest successes of the UN in its 75-year history? Can you mention an instance during 2019 in which the UN made a positive difference?

Among the greatest successes of the UN we could highlight the Universal Declaration of Human Rights in 1948; support for decolonisation processes in Africa and Asia; participation in peace agreements; the deployment of peacekeeping operations, with some reservations; the drafting of nuclear and conventional arms control treaties; the establishment of the International Court of Justice and the International Criminal Court; and the establishment of the Commission on the Status of Women and the creation of UN Women for the promotion of equality. Their existence, although perhaps not their impact, has been a success.

In connection with these, we should also note the existence of the Convention on Biological Diversity. Generally speaking, there have been many initiatives bringing about transformations and recognising the right to development, introduced mainly before the 1990s, as was the case of the International Covenant on Economic, Social and Cultural Rights.

From 2019, we must emphasise the positive character of the strong position taken by the UN to alert the world to the crisis of climate and nature.

What things are currently not working and need to change?

There are too many UN humanitarian agencies and they consume too much money – around 60 per cent of the overall humanitarian budget. Another dysfunctional entity of the UN is the Security Council, which is paralysed because of its permanent members’ veto power.

There were indeed efforts by the World Humanitarian Summit to tackle the global reform of the humanitarian system under former UN Secretary-General Ban Ki-moon, but it did not really have the support of the big players. I do not really know of any civil society initiatives in this direction, but it would be nice to see civil society movements tackle these two situations.

What challenges have you encountered in your interactions with the UN system?

It's the same general remark when it comes to heaviness and slowness. The system is slow and not at all agile. The simplest partnership requires a lot of energy to keep agencies engaged, not to mention the crippling bureaucracy.

Get in touch with Action Aid Haiti through itswebsite andFacebook page, or follow @ActionAid on Twitter. 

2020 marks 75 years since the founding of the United Nations (UN). CIVICUS is speaking with civil society activists, advocates and practitioners about the roles the UN has played so far, the successes it has achieved and the challenges ahead.

CIVICUS speaks to John Romano, Coordinator of the Transparency, Accountability and Participation (TAP) Network, a broad network of civil society organisations that works to ensure that open, inclusive, accountable and effective governance and peaceful societies are at the heart of the 2030 Agenda for Sustainable Development, and that civil society actors are recognised and mobilised as indispensable partners in the design, implementation of and accountability for sustainable development policies. The TAP Network engages specifically around Goal 16 of the Sustainable Development Goals (SDGs), which seeks to “promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels.”

Overall, what would you say have been the greatest successes of the UN in its 75-year history?

Overall, I think that the UN has remained a steady, positive influence on maintaining a relative state of peace around the world since its inception, and it provides for a useful venue for addressing international issues in a concerted way. In many ways, the UN has succeeded in its first objective of saving succeeding generations from the scourge of war, and objectively I think it has played an influential role in this achievement to date.

The establishment of the Universal Declaration of Human Rights was also another crowning achievement of the UN, as well as the SDGs and the 2030 Agenda.

The meeting of the UN’s High Level Political Forum (HLPF) on Sustainable Development, which was held in July 2019 under the theme ‘Empowering people and ensuring inclusiveness and equality’, and included an in-depth review of SDG 16, and the SDG Summit, held in September, were two highlights of 2019. They helped to mobilise a wide range of stakeholders to explore ways to help advance the SDGs on a scale that hadn’t been seen since the adoption of the 2030 Agenda in 2015.

What things are currently not working and need to change?

There are many things the UN can do better, and in many ways this is no fault of the UN itself, but instead represents a failure of its member states and reflects on the state of multilateralism today. The UN is often very good at being responsive to crises and big international issues that represent immediate threats faced by the international community. However, it severely lacks more proactive and preventative measures to help make sure that efforts are being made to ensure that some of these crises or issues do not arise in the first place.

There are also many governance-related issues that the UN should tackle to improve its effectiveness in ensuring that international issues are addressed in ways that prevent conflicts of interest, and shield decisions from being co-opted due to an imbalance of decision-making structures or representation.

I’ve only noted two initiatives focused on issues around multilateralism and pushing for that kind of change lately: the UN2020 Initiative, a civil society coalition calling for government leaders and civil society to come together on occasion of the UN’s 75th anniversary and work to come up with concrete proposals to revitalise the organisation, and the Alliance for Multilateralism, a government-led network seeking to strengthen a rules-based multilateral order that has the UN at its centre. Launched by the French and German foreign ministers, this informal network seeks “to protect and preserve international norms, agreements and institutions that are under pressure or in peril; to pursue a more proactive agenda in policy areas that lack effective governance and where new challenges require collective action; and to advance reforms, without compromising on key principles and values, in order to make multilateral institutions and the global political and economic order more inclusive and effective in delivering tangible results to citizens around the world.”

What challenges have you faced in your own interactions with the UN system, and how did you manage them?

There are many challenges related to how inclusive the UN itself is to the engagement of civil society and citizens. Currently, participation in UN processes is extremely limited throughout many important processes that civil society engages with, including around the SDGs. Entry points into many processes are scarce, but when opportunities for engagement arise, there is often an overall lack of transparency and clarity on how civil society’s inputs and engagement are reflected in the work of the UN and different processes. This can be very frustrating for many groups that work around the UN, and often getting any inputs reflected depends entirely on who you know, which inherently presents a bias towards larger organisations. The resulting lack of diversity sometimes also prevents new ideas from being injected into these spaces.

We have found ways to work around this by partnering with governments and UN missions, to have them champion our ideas, bringing them as their inputs into various processes. Given that the UN is responsive to its member states, finding governments to push your points and issues is a way to help ensure that these inputs are taken up. However, this type of engagement really is often limited to larger organisations that have the capacity to engage with UN missions, and particularly those that are based in New York. This in itself presents a clear bias in terms of who can engage and does not allow for a more broad and inclusive set of actors to contribute.

Get in touch with the TAP Network through itswebsite andFacebook page, and follow@TAPNetwork2030 on Twitter.

                                                                                         OPEN LETTER

General Secretary Xi Jinping
Central Committee of the Communist Party of China
Zhongnanhai Ximen, Fuyou Street
Xicheng District, Beijing 100017
People’s Republic of China
Fax: +86 10 6307 0900; +11 10 6238 1025

Re: State Report on the Implementation of the Convention Against Torture

Dear General Secretary Xi,

Almost three years have passed since the due date (9 December 2019) of the PRC’s latest State party report to the UN Committee Against Torture. We are writing on behalf of the people in the PRC, and human rights defenders worldwide, to request the submission of the above-mentioned report without further delay.

By ratifying the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment (hereinafter “Convention”), the PRC has committed to submit quadrennial progress reports on the implementation of the treaty’s provisions. However, the PRC government has failed to submit its sixth periodic report since its fifth periodic review in 2015. In the last two decades, the PRC has not submitted any of its State party reports to the Committee Against Torture (hereinafter “Committee”) on time. Since 20051, the PRC government has not issued any invitation to the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment for a follow-up visit.

In its Concluding Observations on the PRC’s fifth periodic report issued in 2016, the Committee had requested the State party to submit its sixth periodic report by 9 December 20192, and reiterated its concerns about torture and ill-treatment taking place during prolonged pre-trial and extralegal detention3; enforced disappearances on the pretext of ‘residential surveillance at designated locations’4; and deaths in custody5. Reiterating its previous recommendations6 to the PRC on including a comprehensive definition of torture in its legislation, the Committee had expressed concern that “serious discrepancies between the definition in the Convention and that incorporated into domestic law create actual or potential loopholes for impunity”7.

Moreover, the PRC has yet to ratify the Optional Protocol of the Convention despite receiving repeated recommendations8 from the Committee to withdraw all reservations and declarations to the Convention9.

Such unwillingness to fulfill its international obligations implies that the PRC is seeking to evade its responsibility to protect human rights within its territory. This rationale can be supported by countless testimonies of the occurrence of torture in extrajudicial and pre-trial detention facilities in Tibet, Uyghur people in East Turkistan10, and Han Chinese where discretionary and extrajudicial powers have been granted to the police and security agencies to deny basic human rights to political detainees.

Many political prisoners, including human rights defenders, continue to die as a result of torture and ill-treatment at the hands of police and state security agents. In Tibet, this phenomenon has been illustrated by the cases of Norsang in 201911, and Lhamo12 in 2020. To avoid being held responsible for deaths in custody, prison authorities tend to release prisoners once they have reached near-death conditions, as illustrated by the cases of Gangbu Rikgye Nyima13, released one year early in failing health; Gendun Sherab14, who died in 2020 due to torture injuries; Choekyi15, who died in 2020 after being released five months early; Tenzin Nyima16, who was released early in a comatose state and died shortly after; and Kunchok Jinpa17, who passed away in 2021 after being transferred to hospital mid-sentence. In East Turkistan, Uyghurs have been rounded up by Chinese police and detained against their will in large internment (“re-education”) camps where they have been subjected to arbitrary detention, enforced disappearance, political indoctrination, torture, and other serious human rights violations18. Overall, by refusing to submit the State party report, the PRC is shielding itself from external criticism and scrutiny that would follow in the form of stakeholders' responses.

Furthermore, PRC’s negligence also weakens the international accountability and monitoring mechanisms essential to the functioning of the UN. In this respect, the PRC’s refusal to comply with the rules that they voluntarily agreed to (by signing and ratifying the Convention) undermines the fight for human rights on a global scale. Extensive delays in submitting its state party reports undermine China’s ability to effectively address the serious human rights violations.
Sincerely,

Tibetan Centre for Human Rights and Democracy

Chinese Human Rights Defenders (CHRD)

World Organisation Against Torture (OMCT)

World Uyghur Congress (WUC)

Front Line Defenders

Uyghur Human Rights Project (UHRP)

CIVICUS

Human Rights in China (HRIC)

Southern Mongolian Human Rights Information Center (SMHRIC)

Asian Dignity Initiative (ADI)

Copied to:
Mr. Claude Heller, Chairperson
Committee Against Torture

Mr. Volker Türk,
UN High Commissioner on Human Rights

Ms Alice Jill Edwards,
Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Zhang Jun,
PRC’s Permanent Representative to the UN

Wang Yi,
Foreign Minister, People’s Republic of China

References
E/CN.4/2006/6/Add.6.
2 CAT/C/CHN/CO/5, para. 66.
3 CAT/C/CHN/CO/5, para. 10.
4 CAT/C/CHN/CO/5, para. 15.
5 CAT/C/CHN/CO/5, para. 24.
6 CAT/C/CHN/CO/4, paras. 32 and 33, and A/55/44, para. 123.
7 CAT/C/CHN/CO/5, para. 9.
8 A/55/44, para.124, and CAT/CO/CHN/4, para. 40.
9 CAT/C/CHN/CO/5, para. 64.
10 “Concentration Camps in China for Uyghurs and other Turkic Muslims”, Uyghur Human Rights Project, 26 January 2019, https://uhrp.org/report/briefing-concentration-camps-china-uyghurs-and-other-turkic.
11 “Investigate death of Tibetan man detained for opposing China’s forced political education”, Tibetan Centre for Human Rights and Democracy, 5 May 2021, https://tchrd.org/investigate-death-of-tibetan-man-detained-for-opposing-chinas-forced-political-education. 
12 “China: Tibetan Woman Dies in Custody”, Human Rights Watch, 29 October 2020,
https://www.hrw.org/news/2020/10/29/china-tibetan-woman-dies-custody. 
13 “Tibetan Protester Released Early from Prison in Critical Condition”, Radio Free Asia, 3 March 2021,
https://www.rfa.org/english/news/tibet/health-03032021173252.html. 
14 “Tibetan Monk Dies After Living Two Years with Torture Injuries Sustained in Custody”, Radio Free Asia, 24 April 2020, https://www.rfa.org/english/news/tibet/gendun-sherab-04242020150923.html. 
15 “China: Investigate Untimely Death of Former Political Prisoner due to Denial of Medical Care”, Tibetan Centre for Human Rights and Democracy, 8 May 2020, https://tchrd.org/china-investigate-untimely-death-of-former-political-prisoner-due-to-denial-of-medical-care. 
16 “China: Tibetan Monk Dies from Beating in Custody”, Human Rights Watch, 21 January 2021,
https://www.hrw.org/news/2021/01/21/china-tibetan-monk-dies-beating-custody. 
17 “China: Tibetan Tour Guide Dies from Prison Injuries”, Human Rights Watch, 16 February 2021,
https://www.hrw.org/news/2021/02/16/china-tibetan-tour-guide-dies-prison-injuries. 
18 “Internment Camps”, World Uyghur Congress, 1 August 2017,
https://www.uyghurcongress.org/en/political-indoctrination-camps. 

Civic space in the China is rated as "Closed" by the CIVICUS Monitor

25 human rights organizations have signed an urgent appeal letter to Ms Federica Mogherini, High Representative of the European Union for Foreign Affairs and Security Policy, and Vice-President of the EU Commission, to ask for a clear, public stance on Nabeel Rajab's case and the human rights abuses in Bahrain.

Read the full letter here. 

Fourty-Five organisations sent a joint letter to Formula 1 star Lewis Hamilton calling on him to speak out against the Saudi government's human rights abuses and boycott the Formula 1 race scheduled to be held in Saudi Arabia in the latter part of 2021. 

The 52^nd session of the Human Rights Council was held over almost six weeks of debates, negotiations and events, drawing to a close on 4 April 2023 with 43 resolutions adopted by its 47 member states on a range of country situations and thematic issues. The civic space angle was central in all the country-specific resolutions addressing severe human rights crises, including Belarus, Iran, Myanmar, Nicaragua and South Sudan. The Council then renewed, among others, the critical mandates of the Special Rapporteur on the situation of human rights defenders, on freedom of expression and on torture.

Civil society across the world made sustained calls upon the Council to step up to its mandate and address these crises, as well as to use its preventative mandate to avert escalation of human rights crises not on the agenda of the Council.

Read the joint NGO statement of key takeaways from the session here.

KEY OUTCOMES

Belarus

CIVICUS welcomes the resolution on the situation of human rights in Belarusin the run-up to the 2020 presidential election and in its aftermath. The resolution renews the Office of the High Commissioner for Human Rights (OHCHR) examination mandate for a period of one year. The text of the resolution echoes our concerns over increasing restrictions of civic space and repression, harassment and detention of civil society activists. As clearly stated by the High Commissioner in his report, the human rights situation in the country is dire. We, therefore, regret that that the call of Belarusian and international organisations to establish an independent investigative mechanism went unheeded.

Iran

CIVICUS welcomes the adoption of the resolution on the human rights situation in Iran renewing the mandate of the Special Rapporteur. We also appreciate the willingness of the core group to move from a mere procedural resolution to a more substantial one, which addresses some of the key concerns, including violations committed in the context of the repression of recent protests, violations of women and girls’ rights, illegal use of the death penalty and widespread impunity. The adopted text further express concern over the ‘widespread, repeated and persistent’ violations and urges Iranian authorities to address them.

Myanmar

The crucial mandate of the Special Rapporteur on the situation of human rights in Myanmarwas renewed by consensus for a further period of one year. This reaffirms the Council’s unified voice in condemning the grave human rights violations and the impunity thereof -, committed by the junta. We welcome the very substantial text addressing the continuous attempts by the junta to restrict civic space and the inclusion of a reference to the new Organization Registration Law, which represents a further threat to the exercise of right to freedom of association. We however regret to see that our suggestion to denounce the misuse of counter-terrorism legislation to target pro-democracy activists was not included in the text of the resolution.

Nicaragua

We welcome the two-year renewal of the mandate of the Group of Human Rights Experts (GHRE) on Nicaragua. It represents an important victory for Nicaraguan and international civil society organisations which have long been advocating for its renewal. The strengthened resolution reflects the worsening human rights situation in the country, with crimes against humanity further worsened by the government complete lack of cooperation with the UN system.

South Sudan

CIVICUS welcomes the adoption of a new resolution on South Sudanextending for one year the mandate of the Commission on Human Rights (CHRSS). The Commission is the only mechanism tasked with collecting and preserving evidence of violations with a view to ensuring accountability and addressing human rights issues. Its work remains vital as the conditions that prompted the Human Rights Council to establish the Commission have not significantly changed to warrant less scrutiny. We feel however that a two-year renewal would have allowed the CHRSS to comprehensively report on the election and transition process.

Human Rights Defenders

CIVICUS welcomes the renewal by consensus of the mandate of the Special Rapporteur (SR) on the situation of Human Rights Defenders for a further period of three years. In the year of the 25^th anniversary of the UN Declaration on Human Rights Defenders, the SR, whose mandate includes study trends, developments and challenges on the right to promote and protect human rights as well as seek, receive, examine and respond to information on the situation of human rights defenders, is now more important than ever. By renewing the mandate of the SR, UN Human Rights Council’s member States reinstated the right to defend human rights and the right to be defended while doing so.

STATEMENTS

CIVICUS and several of our members used statements at the Human Rights Council to raise a variety of civic space related issues and priorities:

Sudan: Increasing violence require the Council’s attention

Despite the signing of the tripartite framework agreement, the human rights situation continues to deteriorate. The State has imposed excessively restrictive measures which have hampered access to humanitarian and life-saving assistance for people in conflict-affected areas, authorities have resorted to excessive force against protesters, and sexual and gender-based violence is increasingly used as weapons to intimidate pro-democracy activists. We called on the government to immediately put an end to the violence against women human rights defenders, women’s rights groups and women protesters.

Eritrea: A real challenge to the UN system and the international community

Eritrea’s continued failure to cooperate with UN human rights bodies and experts calls the credibility and integrity of the entire UN human rights system into question. We expressed our concern over reports of unlawful and arbitrary killings, forced disappearances, torture and arbitrary detentions, indefinite military service, lack of freedom of expression, opinion, association, religious belief, and movement. We hence asked what the Council should do to ensure steps are taken towards meeting the five benchmarks for progress developed by UN the Special Rapporteur.

Nicaragua: The Council must renew the mandate of the Group of Human Rights Experts

While welcoming the release of 222 political prisoners, we expressed our alarm for the the decision to banish and strip them and 95 other government critics, journalists, and human rights defenders of Nicaraguan citizenship, and to confiscate their assets. In light of the appalling human rights violations, impunity, and of lack of cooperation, we urged the Council to renew the mandate of the Group of Expert for two years and extend OHCHR mandate.

Myanmar: The junta’s efforts to erase religious minorities must be stopped

The illegal coup emboldened the junta to further persecute, marginalise and incite violence against religious minorities. Members of the six religious minorities in the country have seen their citizenship denied and have been often victims of divisive hate speech, arbitrary arrest, detention, torture, and killings. The UN and the international community have not done enough. We urged the Council to play a more assertive role and ensure accountability for serious human rights, to cut revenue streams to the junta and to support Rohingya and other minorities in Myanmar and those fleeing to neighbouring countries.

Afghanistan: The Council must expedite discussions towards a more robust international accountability mechanism

We expressed our grave concern over the ongoing discriminatory and regressive treatment against women and girls as well as the targeting of human rights defenders and civil society in the country. The international community has not done enough to hold the Taliban accountable for their abuses and discriminatory policies and it needs to act now to avert a further escalation of the crisis. We called on the Council to publicly call out the Taliban for the ongoing human rights violations and expedite discussions toward a more robust international accountability mechanism.

South Sudan: The Commission’s mandate remains crucial as the civil and political space continues to deteriorate

Freedoms of assembly, association and expression are under severe threat. In the past year, South Sudanese authorities have continued, with impunity, to repress and harass peaceful protesters and civil society actors. Many are subjected to arbitrary arrests, detentions and extrajudicial killings. In light of the ongoing restrictions on civic space in the country, we called on the Council to extend the mandate of the Commission for a further period of two years to ensure continued scrutiny on the human rights situation in the country and to enable it to comprehensively report on the election and transition process.

Guatemala: The international community must play an assertive role in protecting Guatemalans’ civic freedoms

Anti-corruption prosecutors, judges and journalists are criminalised by the authorities and face spurious criminal charges. Civil society groups are subjected to a climate of increasing hostility, harassment, and persecution, with a sharp increase of attacks in the last three years. Ahead of the June 2023 elections, we asked the international community to play an assertive role in protecting Guatemalans’ civic freedoms by monitoring the pre-electoral period and electoral process.

Myanmar: Civic Space is under assault – meaningful and robust resolution needed

We expressed our concern about the state of civic space in Myanmar, two years on from the unconstitutional coup. Human rights defenders and activists have continued to be prosecuted by the junta on fabricated charges and convicted in sham trials by secret military tribunals and given harsh sentences including the death penalty. We hence called on the Council to support a meaningful and robust resolution reflecting these serious concerns and renewing the critical mandate of the Special Rapporteur.

Ethiopia: International scrutiny must continue to ensure peace and stability in the country

Over the past two years, Ethiopia’s human rights situation has been marred by extrajudicial killings, rape and sexual violence, unlawful shelling, airstrikes and pillage. We called on the government to respect the right to freedom of expression and to cease all forms of intimidation and harassment of activists, journalists and other media actors. We then urged the UN Human Rights Council and the Commission of Experts to continue scrutinising the situation in Ethiopia to ensure peace and stability in the country.

Venezuela: Lack of guarantees for fundamental freedoms require the Council to continue scrutiny

We stressed how in Venezuela there are no guarantees for freedom of expression, peaceful protest and the right to association and how violations of civil liberties affect demands for economic and social rights. We therefore urged the Council to maintain its attention on Venezuela and we asked the High Commissioner what the Council can do to consolidate OHCHR presence in the country, to support the work of the Fact-Finding Mission and any initiative that avoids further restrictions to civic space in the country.

Prevention should be at the core of the Council’s approach to human rights crises

We once again stated that the Council should play a more assertive role in preventing rather than reacting to human rights crises, and the rapid deterioration of civic space is the first early warning sign on which the Council should act. For this reason, we raised country-specific situations which are not on the agenda of the Council yet, but should require its attention: India, Zimbabwe and Peru. We called on the Council to address these worsening situations and prevent further deterioration. 

Read the full statements here

ADOPTION OF UNIVERSAL PERIODIC REVIEWS OUTCOMES

The Universal Periodic Reviews outcomes of 14 countries were adopted, with governments accepting a number of recommendations relating to civic space. CIVICUS and its partners delivered statements on Algeria, Brazil, Ecuador, India, Indonesia, Philippines, Poland, South Africaand Tunisia. We stand ready to monitor and support their implementation.

Algeria: Activists continue to be arrested for exercising their fundamental rights

We are concerned about the ongoing restrictions on civic space, as nearly 300 activists are still in prison for exercising their right to expression and assembly, association and expression. We called on the Algerian government to implement UPR recommendations, especialy those pertaining to restrictive laws, violations of the rights to peaceful assembly, association and expression and the detention of human rights defenders, activists and peaceful protesters.

Brazil: It’s time to rebuild a stronger democracy and a more open civic space

We reiterated our reproval of the official use of legal and extralegal instruments to intimidate, criminalize, and silence community leaders, journalists, and human rights defenders, as well as of the use of excessive force by police officers. We stressed the need for the new administration to conduct human rights training programs for police officers and reinforce State capacities for investigation and accountability for human rights violations committed by state agents.

Ecuador: Despite commitments, criminalisation and violence continue with impunity

While Ecuador committed to establishing protection mechanisms to ensure the safety of human rights defenders, journalists, and activists, efforts in this regard have stalled while judicial harassment, criminalisation and violence continue to take place with impunity. We asked the government to investigate all instances of excessive force in the context of protests, review and updating existing human rights training for police and security forces and implement comprehensive policies and mechanisms to protect civil society organisations, human rights defenders and journalists.

India: No commitment to review draconian laws

We expressed our disappointment to see that the government did not accept the many recommendations relating to restrictive laws and the arbitrary detention of human rights defenders. We reiterated our call to review all restrictive laws especially the Unlawful Activities Prevention Act (UAPA) and oreign Contributions Restrictions Act (FCRA), to immediately release all HRDs and drop all charges against them and to review and amend existing laws in order to guarantee fully the right to the freedom of peaceful assembly and investigate all violations in the context of protests.

Indonesia: Restrictive laws used to target activists, journalists and government critics

It is extremely worrying that in recent years restrictive laws have been systematically used to arrest, prosecute and punish activists, journalists, and government critics. We called upon the government to drop all charges against activists for doing their human rights work, review and repeal existing restrictive laws, including the EIT Law Societal Organizations Law and the new criminal code, conduct thorough investigations of all incidents involving violence by the security forces against protesters.

Philippines: Persecution and criminalisation of defenders, activists and journalists continues

We called on the government to stop the persecution of defenders, journalists and dissenters, and to enact the Human Rights Defenders Protection Bill, while reiterating our view that the laws on terrorism and libel violate the right to due process, free expression, press freedom and freedom of association, among other constitutional rights. We then renewed our call to the Council for an independent investigation into the cases of extrajudicial killings and other grave rights violations in the Philippines.

Poland: complete failure in implementing civic space recommendations

We expressed our concern over the dismantling of judicial independence, the rule of law and media freedom, which has been used as a tool to violate civic freedoms. Women human rights defenders advocating for reproductive justice are facing judicial harassment and intimidation. We therefore asked to ensure that government officials and non-state actors perpetrating intimidation and harassment against HRDs defenders are effectively investigated, refrain from further persecuting independent judges and drop all SLAPPs against journalists and media outlets.

South Africa: Threats and attacks against civil society actors continue

Despite some improvements, threats, intimidation and attacks against HRDs, and the impunity thereof, remain a grave concern. The continued use of excessive force and arbitrary arrests by security forces in response to protests is another cause for concern. We therefore asked the government to develop a legislative framework to protect HRDs, take urgent measures to establish a commission of inquiry into the killings, and bring the Non-profit Organisation Amendment Bill in line with standards on freedom of association.

Tunisia: Adoption of UPR outcome in the context of increased civic space restrictions

In the context of a deep political and economic crisis, President Saïed has issued a number of decrees to consolidate power and weaken the independence of the judiciary and the rule of law. Amidst this, space for civil society is increasingly being restricted in Tunisia. We called on the government to take concrete steps to address these concerns, including by withdrawing restrictive legislation that restricts freedom of expression and association.

EVENTS

Human Rights in the Philippines

Ahead of the Philippines’ UPR outcome adoption at the 52nd session of the Human Rights Council, Filipino human rights defenders and the Special Rapporteur on the situation of human rights defenders reflected on the state of civic and democratic space less than a year into the Marcos Jr administration, on the prospective narrative and responses during the upcoming adoption of UPR outcomes and on what lies ahead on issues of justice, accountability and protection of human rights. The panelists then discussed the role of the international community and, in particular, of the Human Rights Council and of the UN Joint Programme in ensuring accountability and access to justice for victims. Watch the recording here.

• #StandAsMyWitness campaign launched two years ago on Nelson Mandela Day
• Campaign has been part of successful global calls to release incarcerated human rights defenders 
• 21 human rights defenders currently featured in the campaign have spent 50 years collectively in prison

In honour of Nelson Mandela Day 18 July, global civil society alliance CIVICUS calls for renewed efforts to help free 21 human rights defenders featured in its #StandAsMyWitness global campaign. Altogether, they have been imprisoned for half a century - and some face many more years behind bars. Activism makes a difference - #StandAsMyWitness has already been part of successful global calls leading to the release of 20 activists across the world.

Launched two years ago on Mandela Day,  #StandAsMyWitness urges governments to free activists in prison or facing pre-trial detention after protecting and promoting human rights. 

“Over 30 years since Nelson Mandela was released from prison and still human rights defenders are wrongfully incarcerated in both authoritarian regimes and democratic states. Their crime? Standing up for the rights of women, children and Indigenous people; fighting for climate justice; advocating for free and fair elections; and promoting democratic freedoms,” said David Kode, Advocacy and Campaigns Lead at CIVICUS.

Human rights defenders in the #StandAsMyWitness campaign include Iranian lawyer Nasrin al-Sotoudeh, sentenced to 38 years on charges that include insulting Iran’s supreme leader; Mexican Kenia Hernandez, facing a decade in prison in retaliation for her work defending Indigenous communities; and Buzurgmehr Yorov, a 50-year old lawyer from Tajikistan, sentenced to 22 years behind bars after defending government opponents.

Mr Mandela, perhaps the most iconic and respected human rights defender, was released after 27 years following global opposition to his incarceration. Similar efforts by civil society and sustained public pressure are needed to secure the freedom of rights defenders currently facing long sentences.

“We urge people across the world to demand the release of brave activists in the #StandAsMyWitness campaign: sign a petition, use our hashtag on social media, or lobby your government. It is scandalous that those fighting for justice and equality have spent even one day in prison, never mind many years,” said Kode. 

Sustained action from different sources can make a difference; since its launch two years ago, #StandAsMyWitness has worked with human rights organisations and civil society to guarantee the release of 20 human rights defenders. 

They include activist Teresita Naul from the Philippines, released in October after many awareness-raising efforts by civil society; Bahraini human rights defender Nabeel Rajab, freed in June last year after nearly five years of civil society campaigning and diplomatic pressure from democratic governments; and women’s rights activist Loujain al-Hathloul from Saudi Arabia, released after 1000 days in 2021 following a prominent global campaign demanding her release.  

South Africa’s iconic former president spent 27 years behind bars before his release. Let’s work together to make sure human rights defenders currently languishing in prison are not forgotten - let’s fight for their freedom together. They are urging you to: Stand As My Witness.

Below is a list of the human rights defenders featured in the #StandAsMyWitness campaign. To find out how to get involved, check out CIVICUS’s campaign webpage: Stand As My Witness.

AFRICA:

• Eswatini: Bacede Mabuza and Mthandeni Dube - MPs who campaigned for democratic reform

ASIA:

• Hong Kong: Chow Hang-Tung - pro-democracy activist, sentenced for organising unauthorised Tiananmen Square Massacre commemoration vigil
• India: Khurram Parvez - Kashmiri rights activist; listed in Time magazine’s 100 ‘Most Influential People 2022’ 

CENTRAL ASIA:

• Belarus: Viasna Human Rights Defenders - members of Viasna human rights centre; jailed for exercising their right to peaceful assembly and freedom of expression
• Tajikistan: Buzurgmehr Yorov - human rights lawyer representing members of the opposition; recipient of Homo Homini human rights prize

LATIN AMERICA:

• Mexico: Kenia Hernandez - Indigenous and women’s rights activist; arrested after protest
• Nicaragua: Maria Esperanza Sanchez Garcia - targeted for her civic activism
• Nicaragua: Medardo Mairena and Pedro Mena - opposition activists initially sentenced to more than 200 years in prison after taking part in anti-government protests

MIDDLE EAST & NORTH AFRICA:

• Algeria: Kamira Nait Sid - Indigenous and women’s rights activist campaigning for the rights of the Amazigh people in Algeria
• Bahrain: Abdul-Hadi al-Khawaja - detained after democracy protests in 2011; recipient of the prestigious Martin Ennals Award 2022 for human rights defenders
• Egypt: Hoda Abdel Moneim - human rights lawyer and former member of Egypt’s National Council for Human Rights
• Iran: Nasrin Sotoudeh - human rights lawyer specialising in the rights of women, children and human rights defenders
• United Arab Emirates: Ahmed Mansoor - on the advisory boards for Human Rights Watch and the Gulf Centre for Human Rights; imprisoned for publishing information on social media

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

Universal Periodic Review on Human Rights -- Outcome Adoption for Papua New Guinea

Delivered by Lisa Majumdar

Thank you, Mr President.

Transparency International PNG, PIANGO and CIVICUS welcome the government of Papua New Guinea's engagement with the UPR process, although we regret its late response to recommendations.

Space for civil society remains significantly obstructed in Papua New Guinea. Human rights defenders (HRDs) face legal persecution such as arrest and detention as well as harassment, intimidation, threats and violence, including from companies that they criticise. The risk is greatest for HRDs who challenge vested political, social and economic interests, especially land and environmental HRDs.

Many journalists have reported intimidation aimed at influencing coverage of government figures and by agents of members of parliament. Just last month, long-standing and experienced news manager Sincha Dimara was suspended by her news outlet, allegedly following a request from the authorities.

There is no freedom of information legislation in Papua New Guinea and no domestic laws or policies to recognise and protect HRDs, who, along with journalists, continue to face harassment for undertaking their work.

Defamation laws, such as the Defamation Act 1962 and defamation sections in the Cybercrime Act, have had a chilling effect on freedom of expression and political discourse.

Our organisations call on the Government of Papua New Guinea to take concrete steps to address these concerns, including by:

• Reviewing and amending criminal defamation provisions in the Cybercrime Act to ensure that it is in line with ICCPR article 19 and international law and standards;
• Ensuring that journalists and writers can work freely and without fear of retribution for expressing critical opinions or exposing abuses or corruption by the authorities and companies;
• Ensuring that HRDs are able to carry out their legitimate activities without fear or undue hindrance;
• Establishing an independent national human rights institution in accordance with the Paris Principles.

We thank you.

 Civic space in Papua New Guinea is rated as obstructed by the CIVICUS Monitor 

Universal Periodic Review (UPR) on Human Rights -- Outcome Adoption for Tanzania

Delivered by Sibahle Zuma

CIVICUS and its partners welcome the Republic of Tanzania’s engagement with the UPR process and for accepting the majority of its recommendations.

We particularly welcome Tanzania’s commitment to amend the restrictive Media Services Act of 2016, which is a critical opportunity to address long-standing gaps in existing media legislation and has the potential to expand the space available to media actors to exercise their fundamental rights. We also welcome the lifting of the ban on the four newspapers – Mawio, Mwanahalisi, Tanzania Daima, and Mseto. We further welcome the Republic’s commitment to conducting investigations of all threats and attacks against and killings of journalists, civil society actors and human rights defenders and holding those responsible to account.

Notwithstanding these positive developments, we remain concerned about the civic space restrictions that remain. Tanzanian law guarantees a number of rights consistent with international standards; however, citizens' ability to exercise these rights is severely limited in practice. Individuals and organisations frequently refrain from exercising their right to free expression, both online and in print, out of fear of arrest, censorship, and persecution.

Recommendations to amend restrictive laws to guarantee freedom of expression have only been partially accepted.

While we welcome the recent release of opposition leader Freeman Mbowe after eight months in custody on charges believed to be politically motivated, we note that authorities continue to systematically use the justice system as a tool to target and harass members and leaders of the opposition. Authorities also ban public gatherings to thwart protests, and arrest peaceful protesters.

We regret that Tanzania did not accept a recommendation to amend the Non-Governmental Organisations Act (Amendments) Regulation 2018, in line with international human rights standards on freedoms of association and peaceful assembly.

CIVICUS and its partners call on the Government of the Republic of Tanzania to immediately and urgently take measures to implement all UPR recommendations, particularly those pertaining to efforts to addressing civic space and human rights.

We thank you.

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

Universal Periodic Review (UPR) on Human Rights -- Outcome Adoption for Thailand

Delivered by Ahmed Adam

On behalf of Asian Forum for Human Rights and Development (FORUM-ASIA) and CIVICUS World Alliance for Citizen Participation

Mr. President,

We note that Thailand has accepted 218 out of 278 recommendations it received during its 3^rd cycle UPR. We regret that Thailand has rejected majority of the recommendations on civil and political rights, including those calling for the repeal of repressive laws that are being used to target defenders, raising questions about Thailand’s commitment to fully comply with its international human rights obligations.

Thailand has justified its rejection of these recommendations as a necessary measure to balance ‘the exercise of individual’s rights’ with the rights of others, ‘national security, public order and public health’. Thailand’s human rights record, however, suggests that this is yet another excuse to continue legitimising crack downs on fundamental freedoms, restrict the media and intimidate defenders and civil society, on the grounds of national security and public order using laws such as lese majeste, sedition and the Computer Crimes Act.

Pro-democracy protesters have faced restrictions, arrest and excessive force. Many activists, including children, continue to face intimidation and judicial harassment. From July 2020 to January 2022, at least 1,767 activists[1] were prosecuted for taking part in peaceful assemblies and dissent against public policies. Political activists and defenders have been held for extensive periods in pre-trial detention without access to lawyers and medical services as a form of reprisal to silence the pro-democracy movement.

While we recognize Thailand’s plans to accede to the International Convention for the Protection of All Persons from Enforced Disappearance, we regret its failure to support a recommendation to conduct prompt investigations into the disappearance of Wanchalearm Satsaksit and other political activists. Perpetrators must be held accountable.

Furthermore, the proposed amendment to the Anti-Money Laundering Act (AMLA), and the draft Non-profit law would threaten the ability of civil society to operate. They contradict Thailand’s obligations under international human rights law, as well as its stated commitment during the UPR to guarantee fundamental freedoms.

Thailand’s National Action Plan on Business and Human Rights remains a disservice to defenders, as a vague and a purely aspirational document with no mechanisms for public disclosure, monitoring, andpublic participation.

We echo recommendations for Thailand to ratify international rights treaties and ensure that its domestic legislation comply with international human rights standards. Thailand must lift all undue restrictions on civic space, and end all forms of attacks against human rights defenders, civil society and the pro-democracy movement.

Thank you

[1] https://tlhr2014.com/archives/41025

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

The forty-second Session of the UN Human Rights Council will take place from 9 to 27 September.

There are a variety of issues on the agenda this Session, both thematic and country-focused, and a number of human rights concerns that need to be addressed by the Council.

One of the priorities for CIVICUS and its members is the ongoing human rights and humanitarian crisis in Sudan. Despite a deal reached between the military and protesters in August, peaceful protesters continued to be killed on an almost daily basis. We join calls from local and international civil society for the Council to take immediate action to investigate and monitor human rights violations as a first step towards accountability and justice. The country is rated as closed on the CIVICUS monitor, representing its total lack of civic space and freedoms.

Saudi Arabi, also rated as closed, remains a serious ongoing concern as the country continues its decades-long clampdown on dissent, human rights activism and independent reporting. Women human rights defenders are still detained, and reportedly subjected to torture, for leading campaigns for women’s rights. In October 2018, Saudi journalist Jamal Khashoggi was extra-judicially murdered. CIVICUS, along with partners, will reiterate calls on the Council to establish a monitoring mechanism investigating human rights violations in the country and call for the immediate and unconditional release of the detained Saudi women human rights defenders and activists. Saudi Arabia is a member of the Human Rights Council. Members that flagrantly abuse human rights in their own territories undermine and delegitimise the work of the Council and should be held to higher standard of scrutiny.

Cameroon, rated as ‘repressed’ in CIVICUS’s Monitor, continues to undergo a human rights crisis. In October 2016, protests in Cameroon’s two minority English-speaking regions, the North-West and South-West, triggered the country’s “Anglophone crisis.” Since then, the two regions have been embroiled in a cycle of violence and human rights violations and abuses committed by government forces and by separatist armed groups. Against this backdrop, space for civil society continues to be severely diminished, and we call on members of the Council to take constructive steps to address the situation.

The Commission of Inquiry investigating human rights violations in Burundi will present its findings on the human rights situation in the country. We join calls for the HRC to renew the mandate of the Commission of Inquiry for a further year: with human rights violations ongoing, and 2020 elections approaching, ongoing scrutiny is crucial – particularly in the context of elections. Burundi is rates as ‘closed’ in CIVICUS’s Monitor, reflecting ongoing attacks on civil society members, human rights defenders and journalists.

The Council’s spotlight will also fall on Cambodia when both the Special Rapporteur on Cambodia and the Office of the High Commissioner of Human Rights will deliver reports on the situation in the country. Civic space in Cambodia has been increasingly under attack – the country is rated as ‘repressed’ in CIVICUS’s monitor – and this Session will provide a crucial opportunity for the Council to strengthen its response to such attacks on fundamental freedoms, and other human rights violations. CIVICUS and our partners are calling for the Special Rapporteur’s mandate to be renewed, and for enhanced scrutiny of the country’s human rights obligations by the OHCHR.

The UN’s High Commissioner for Human Rights will be reporting on the human rights crisis in Nicaragua, which the CIVICUS Monitor rates as ‘repressed’. Monitor findings show that freedom of expression, association and peaceful assembly continue to be seriously curtailed by the government. Local civil society organisations have been stripped of their legal status and of their assets, and human rights defenders and journalists are harassed. Nicaragua continues to block the return of international human rights bodies to the country, including the special mechanism of the Inter-American Commission on Human Rights and OHCHR. CIVICUS joins local and international partners calling for continued scrutiny of Nicaragua’s human rights situation.

The Assistant Secretary General on reprisals will present a report the Council, and the resolution on reprisals will be presented for a vote to the Council members. We are calling on states to support a strong resolution which names specific examples of reprisals, including against CIVICUS members. This is a vital resolution because UN action is only possible with strong engagement from civil society on the ground, who not only provide information and analysis, but are on the front line of ensuring that human rights standards are respected by their own governments, and that violations are held to account.

A resolution on arbitrary detention will also be presented to the Council. This is a critical issue in terms of civic space: civil society members worldwide continue to face arbitrary detention as a result of their work. As well as being a serious human rights violation in its own right, this also contributes to a chilling effect on other civil society actors and human rights defenders.

CIVICUS and members’ events at the 42nd Session of the UN Human Rights Council:

Civic space as an early warning system, 16 Sep, 1-2pm, Room IV

This side event will explore the relationship between civic space crackdowns and broader human rights crises, with a view to discussing what potential early intervention from states and the Council could be taken on the basis of such attacks to elevate the Council’s preventative mandate and, ultimately, aim to stop countries spiraling into human rights crises.

The continued silencing and imprisonment of Saudi women human rights defenders, 26 Sep, 9.30-10.30am, Room XXIV

This panel will share the experiences of Saudi WHRDs and reflect on the reality they face in prison. Panelists, including Lina Al-Hathloul, the sister of detained human rights defender Loujain Al-Hathloul, will discuss the extent of the restrictions facing activists in Saudi Arabia and what further efforts can be taken internationally to ensure immediate release of WHRDs, including calling for a resolution from the UN Human Rights Council.

Current council members:

Afghanistan; Angola; Argentina; Australia; Austria; Bahamas; Bahrain; Bangladesh; Brazil; Bulgaria; Burkina Faso; Cameroon; Chile; China; Croatia; Cuba; Czechia; Democratic Republic of the Congo; Denmark; Egypt; Eritrea; Fiji; Hungary; Iceland; India; Iraq; Italy; Japan; Mexico; Nepal; Nigeria; Pakistan; Peru; Philippines; Qatar; Rwanda; Saudi Arabia; Senegal; Slovakia; Somalia; South Africa; Spain; Togo; Tunisia; Ukraine; United Kingdom of Great Britain and Northern Ireland; and Uruguay.

The four-week human rights council will sit from 24 February to 20 March, and there are a number of critical human rights resolutions up for debate, and for the 47 Council members to address. CIVICUS will be conducting and presenting evidence on a variety of thematic and country-focused issues. Full overview below or jump directly to see our programme of events.

Country-specific situations

Nicaragua (Civic space rating:Repressed)

Our members on the ground have documented serious human rights violations, including attacks on fundamental freedoms and against human rights defenders and journalists. A report issued last year by the OHCHR, mandated by a resolution adopted in 2019, reflected this situation, and recommended enhanced UN monitoring and reporting. Given the lack of political will in the country to cooperate with regional and international mechanisms, and the concerning situation on the ground, CIVICUS calls on states to support a resolution on Nicaragua which calls for such enhanced reporting at the very least.

Sri Lanka (Civic space rating:Repressed)

This is a critical time for Sri Lanka, with concerns that the new administration which came to power last year could renege on its Council-mandated human rights and accountability commitments. The resolution adopted at the 30^th Session of the Human Rights Council and remains the only process in place which could guarantee justice for victims of human rights violations. Civic space is closing at an alarming rate – since the new administration came to power, civil society members on the ground have been threatened and intimidated, their records destroyed, and human rights defenders and journalists have been attacked. CIVICUS calls for states to encourage cooperation between the government of Sri Lanka and international human rights mechanisms, and for Council members to reaffirm their commitment to resolution 40/1, which put into place time-bound commitments to implement the accountability mechanisms in resolution 30/1.

Iran (Civic space rating:Closed)

In 2019, Iran erupted into a series of protests against lack of political and democratic freedoms and the deteriorating economic situation. Protesters were met with violent repression through mass arrests and lethal force. Current geopolitical developments have entrenched the regime and exacerbated internal insecurity further. This Human Rights Council Session will discuss the renewal of the mandate of the Special Rapporteur on Iran. CIVICUS supports the renewal of the Special Rapporteur mandate and encourages states to raise concerns about the use of lethal force in protests.

India (Civic space rating:Repressed)

India’s civic space rating was downgraded with the last CIVICUS report. A controversial and discriminatory citizenship law has given rise to mass protests across the country, which have been subject to violent crackdowns, leading many injured and at least 25 dead. Jammu and Kashmir remain under severe repression, including through sustained internet shutdown which is reaching its sixth month. Internet was partially restored in January but restrictions remain, making the shutdown the longest recorded in a democracy. Internet shutdowns are also being used across the country in order to hinder freedom of peaceful assembly. CIVICUS encourages States to raise concerns about India, and to call for an investigation into the violent suppression of peaceful protests, and to repeal discriminatory provisions in the Citizenship Law.

Thematic mandates

The Special Rapporteur on Human Rights Defenders

The mandate of the Special Rapporteur on Human Rights Defenders will be renewed this Session. This is a crucial mandate which has an impact of all CIVICUS’s areas of focus, and we encourage states to eco-sponsor the resolution at an early stage. The Special Rapporteur will present his annual report on HRDs in conflict and post-conflict situations, and reports on his country visits to Colombia and Mongolia. CIVICUS encourages states to affirm their co-sponsorship of the resolution early in the Session.

Freedom of Expression

The mandate for the Special Rapporteur on Freedom of Expression is set to be renewed this Session, at a time when internet blackouts in increasingly used as a tactic to limit freedom of expression, access to information and freedom of peaceful assembly. We encourage states to co-sponsor the renewal of this important mandate at an early stage.

Freedom of Religion and Belief (FoRB)

The Special Rapporteur on Freedom of Religion and Belief will present his annual report, which this year focuses on the intersection of religion and belief and gender and SOGI rights, and reports on country visits to Sri Lanka and the Netherlands. CIVICUS will be engaging on Sri Lanka and on India, which have both undergone concerning developments with regards to freedom of religion.

Prevention

The Chair-Rapporteur of two intersessional seminars on the contribution that the Council can make to the prevention of human rights violations will present the report of the seminars.

CIVICUS will be highlighting the connection between civic space and prevention – that closures in civic space are often precursors to wider human rights crises, and that by intervening at the civic space level, the Council has a role to play in ensuring that such human rights violations are prevented.

CIVICUS and members’ events at the 43rd Session of the UN Human Rights Council (events will be livestreamed @CIVICUS Facebook page):

27 February (11:00 CET, Room VII), a side event will discuss the current critical situation in Nicaragua, and the importance of an enhanced monitoring mandate.

2 March (14:00 CET, Room VII), CIVICUS and partners are organising an event on the constitutional and civic space crisis in India. 

5 March (13:00 CET, Room VII), CIVICUS is co-sponsoring an event led by ICNL and the Civic Space Initiative consortium partners on countering terrorism financing while preserving civic space ----canceled due to the coronavirus

12 March (12:30 CET, Room XXI), CIVICUS is co-sponsoring a side event on the use of lethal force in protests in Iran and Iraq, and responses from the international community---canceled due to the coronavirus

Current council members:

Afghanistan; Angola; Argentina; Australia; Austria; Bahamas; Bahrain; Bangladesh; Brazil; Bulgaria; Burkina Faso; Cameroon; Chile; China; Croatia; Cuba; Czechia; Democratic Republic of the Congo; Denmark; Egypt; Eritrea; Fiji; Hungary; Iceland; India; Iraq; Italy; Japan; Mexico; Nepal; Nigeria; Pakistan; Peru; Philippines; Qatar; Rwanda; Saudi Arabia; Senegal; Slovakia; Somalia; South Africa; Spain; Togo; Tunisia; Ukraine; United Kingdom of Great Britain and Northern Ireland; and Uruguay.

The three-week human rights council sits from 30 June to 17 July, and there are a number of critical human rights resolutions up for debate, and for the 47 Council members to address. CIVICUS will be conducting and presenting evidence on a variety of thematic and country-focused issues. Full overview below:

Country-specific situations

The Philippines (Civic space rating:Obstructed)

Our members on the ground have documented serious human rights violations, including attacks on fundamental freedoms and against human rights defenders and journalists. Thousands of people have been killed in extra-judicial executions perpetrated by authorities with the full backing of the Duterte government in the context of their so-called ‘war on drugs'. Recently the country has been added to the CIVICUS Monitor's Watchlist, while the Office of the High Commissioner on Human Rights released a damming report on the country. We urge member states to deliver a strong resolution during the council to hold the government to account.

United States of America (Civic space rating:Narrowed)

Hundreds of thousands of people have taken to the streets across the United States to protest the murder of George Floyd by police in Minneapolis on 25 May. Their demands for justice for George Floyd and other Black people unlawfully killed at the hands of police have been met with force. The US has been added to the CIVICUS Monitor’s Watchlist as a result of attacks against protesters and the media. CIVICUS reaffirms that the right to protest, as enshrined in international law, must be protected.  CIVICUS urges the member states and observers of the Human Rights Council to raise such attacks in the Interactive Dialogues with the Special Rapporteur on freedom of peaceful assembly and association, and in the Interactive dialogue with the Special Rapporteur on racism.

Eritrea (Civic space rating:Closed)

As Eritrea has entered the second year of its Council membership term, its domestic human rights situation remains dire. A free and independent press continues to be absent from the country and 16 journalists remain in detention without trial, many since 2001. Impunity for past and ongoing human rights violations is widespread. Violations continue unabated, including arbitrary arrests and incommunicado detention, violations of the rights to a fair trial, access to justice and due process, enforced disappearances. During this session, the mandate of the Special Rapporteur on Eritrea is up for renewal. We urge States to support its adoption, in light of the lack of progress and accountability in the country.

China (Civic space rating:Closed)

50 UN experts have called on the Human Rights Council to take immediate action on grave human rights abuses in China, including Hong Kong and Xinjiang. This week Hong Kong's new national security law came into force, risks destroying Hong Kong's  free and open civil society, including media outlets. Already someone has been arrested for displaying a pro-independence flag. Urgent action is needed. CIVICUS fully support the proposal from UN experts to establish a UN mechanism to closely monitor, analyse and report annually on the human rights situation in China. At the very least, States should demand in dialogues that China fulfills its human rights obligations.

Hungary (Civic space rating:Obstructed)

There has been a rapid decline in civic freedoms in Hungary. The government has criminalised fake news about the pandemic, with penalties of up to five years in prison. To date, the police have initiated criminal proceedings against nearly 100 people. During the pandemic, Prime Minister, Viktor Orbán was able to temporarily rule by decree, which has set a dangerous precedent for Orbán to further consolidate power, restrict rights and bypass constitutional safeguards. The country has been added to the CIVICUS Monitor's Watchlist. CIVICUS recommends that UN member states raise concerns about Hungary and how it has used COVID19 as a smokescreen to close civic space and target its critics.

Thematic mandates

Civic freedoms in the age of COVID-19

The COVID-19 pandemic has exacerbated human rights challenges worldwide. As countries have grappled to respond, CIVICUS has documented multiple instances of such responses restricting civic space, including: 

• Unjustified restrictions on access to information and censorship
• Detentions of activists for disseminating critical information
• Crackdowns on human rights defenders and media outlets
• Violations of the right to privacy and overly broad emergency powers

In a report that will be presented at this Session, the Special Rapporteur on freedom of expression set out a number of recommendations for States in order to guarantee freedom of expression during a pandemic. Chief among these was ‘Ensuring accountability, such that no State is free to use this public health crisis for unlawful purposes beyond the scope of the health threat.’

Peaceful Protests

This Session will see a resolution on peaceful protests debated by the Council. The resolution provides an opportunity to push for reforms of protest laws and police tactics, and to strengthen accountability frameworks for violations during protests. We urge States to propose language which reflects the current situation of impunity for violence against peaceful protesters by state and non-state actors.

Human rights and Migration

This Session, the Special Rapporteur on human rights and migration will deliver a report on migration and freedom of association, which included key recommendations for States to ensure that freedom of association is protected. We call on States to use the Interactive Dialogue on the Special Rapporteur’s report to make public commitments to protect the right to freedom of association for migrants, and to co-sponsor the resolution due for presentation at the Session which will renew the mandate of the Special Rapporteur.

Current council members:

Afghanistan, Angola, Argentina, Armenia, Australia, Austria, Bahamas, Bahrain, Bangladesh, Bulgaria, Burkina Faso, Cameroon, Chile, Czech Republic, Democratic Republic of the Congo, Denmark, Eritrea, Fiji, Germany, India, Indonesia, Italy, Libya, Marshall Islands, Mauritania, Mexico, Namibia, Nepal, Netherlands, Nigeria, Poland, Pakistan, Peru, Philippines, Qatar, Republic of Korea, Senegal, Slovakia, Somalia, Sudan, Spain, Togo, Ukraine, Uruguay, Venezuela

Civic space ratings from the CIVICUS Monitor

The 45th Session of the UN Human Rights Council will sit from 14 September - 6 October, 2020 and there are a number of critical human rights resolutions up for debate and for the 47 Council members to address. Stay up to date by following @civicusalliance and #HRC45

CIVICUS will be engaging on a range of issues in line with our mandate to protect and monitor the rights to peaceful assembly, freedom of speech and freedom of association. In terms of country-specific situations, CIVICUS will be presenting evidence and recommendations on rights abuses in the Philippines, Burundi, Cambodia, Saudi Arabia and China. With relation to thematic issues, CIVICUS will be engaging on deliberations related to the prevention of human rights abuses, reprisals, and arbitrary detention. Full summaries below.

Civil society Participation in times of COVID19
Like last session, civil society participation has been significantly impacted by COVID-19. Travel restrictions and distancing guidelines means that in-person participation is conspicuously limited, particularly for organisations from the Global South. Opportunities for remote participation via video messaging are providing a welcome alternative - because of this change, people and groups affected by issues being discussed will, to some extent, be able to address the Council without being limited by their ability to travel to Geneva, as is usually the case. But being able to meet with and hear directly from human rights defenders in the room and in-person, whether through side events or statements, has long been a strength of the Council. The human rights defenders who attend Council sessions strengthen resolutions by providing first-hand information and serve to hold states to account, and their participation reinforces valuable partnerships. Like last session, opportunities to do so in-person will be very much missed.

- see individual member country ratings - ...

Country-specific situations

The Philippines (Civic space rating:Obstructed)

• Extrajudicial killings of human rights defenders continue
• Abuse of COVID19 emergency measures to target government critics
• Serious concerns remain over domestic accountability mechanisms, and impunity still reigns for attacks on activists and journalists.

CIVICUS welcomed the resolution adopted by the Human Rights Council in June 2019 (41st Session) which mandated welcome monitoring of the human rights situation in the Philippines. The subsequent report by the Office of The Human Commissioner on Human Rights, presented in July 2020 (44th Session) shows clearly that human rights violations remain rampant, and that accountability for such violations remains distant. The COVID-19 pandemic has exacerbated existing human rights conditions still further; in June, the Philippines was added to CIVICUS’s Watchlist, reflecting its sharp decline in civic freedoms.

Recommendations
CIVICUS joins civil society partners in the Philippines and internationally in calling for a Council-mandated independent investigative mechanism to address the ongoing systemic human rights violations perpetrated with impunity. This is clearly warranted by the situation set out in the OHCHR report, the lack of political will to engage and the demonstrable lack of adequate domestic investigative mechanisms.

Burundi (Civic space rating:Closed)

• Elections in May were marred by violence and rights violations
• The Youth league, the Imbonerakure, continue to carry out brutal attacks on critics of the government
• Activists and journalists remain imprisoned, while hundreds of thousands remain in exile.

An atmosphere of fear and violence prevails in Burundi, where state and powerful non-state actors are routinely allowed to imprison, seriously injure and kill people with impunity for attempting to exercise their rights to associate, peacefully assemble and express themselves. Any criticism of the ruling authorities is severely punished and there is virtually no media freedom. The internet is heavily censored, many websites are blocked and online criticism of power holders is subject to severe penalties.

Recommendations
CIVICUS calls for the renewal of the mandate of the Commission of Inquiry (CoI) on Burundi. In the context of recent political developments, such a renewal, building off the investments to date in and from the CoI, would provide the best opportunity to prompt meaningful human rights progress in the country.

Cambodia (Civic space rating:Repressed)

• COVID-19 government measures have provided an opportunity to crack down on civil society groups.
• At least 22 people have been arrested for sharing allegedly ‘false news’ related to the pandemic.
• Opposition Leader, Kem Sokha, on trial since January on unsubstantiated charges of treason. Sokha has been barred from politics and could face up to 30 years in prison if convicted

The Cambodian government continues to crack down on civil society groups, independent media, and the political opposition and human rights defenders to silence critical voices in the country. In the past three years it has adopted a series of repressive laws that unduly restrict human rights. In November 2019, the Cambodian authorities had arbitrarily detained nearly 90 people solely on the basis of the peaceful expression of their opinions or political views as well as their political affiliations. The latest activists to be convicted of ‘incitement’, three employees of NGO Mother Nature, were sent to pre-trial detention on 6 September.

Recommendations
CIVICUS encourages States to deliver statements jointly or in a national capacity under the Item 10 interactive dialogue with the Special Rapporteur on Cambodia and the Item 2 general debate focusing on attacks against human rights defenders, journalists and other members of independent civil society, recommending a stronger approach to address the worsening situation. CIVICUS further encourages States to explore supporting a resolution which mandates yearly reporting from the High Commissioner, with updates in between Sessions.

Saudi Arabia (Civic space rating: Closed)

• It has been over two years since Saudi Arabia intensified its crackdown on women human rights defenders
• Reports of detined activists and critics of the government being subjected to torture in prison
• Saudi Crown Prince Mohammed bin Salman continues to make direct orders for the arrest of activists

It has been over two years since women human rights defenders have been in prison, simply for demanding that women be treated equally to men. Punishment in the country is severe, with torture being formed used for many offences, and the country remains one of the world’s top executioners. When it comes to freedom of assembly, protesting is considered a criminal act and those who defy the ban can face arrest, prosecution and imprisonment.

Recommendations
States that flagrantly abuse human rights in their own territories undermine and delegitimise the work of the Council must be held up to scrutiny. Along with civil society partners, CIVICUS recommends that States ensure sustained attention by the Council at its 45th session by jointly reiterating calls on the Saudi government to implement the above-mentioned benchmarks, and by supporting the establishment of a monitoring and reporting mechanism over the situation.

China (Civic space rating:Closed)

• Mass detention, torture and mistreatment of millions of Uighurs and Turkic Muslims in Xianjang
• Chinese Communist Party continues to censor reporting about COVID-19
• Excessive use of force and arbitrary arrests around Hong Kong protests

On 26 June 2020, an unprecedented 50 United Nations experts called for “decisive measures to protect fundamental freedoms in China.” They highlighted China’s mass human rights violations in Hong Kong, Tibet, and Xinjiang, suppression of information in the context of the COVID-19 pandemic, and attacks on rights defenders, journalists, lawyers and critics of the government across the country. They also raised concerns about the decision to draft a national security law for Hong Kong  – without any meaningful consultation with the people of Hong Kong – which imposes severe restrictions on civil and political rights in the autonomous region. It was passed on 30 June 2020.

Recommendations
CIVICUS endorses the call by UN experts for a Special Session of the Human Rights Council to evaluate the range of violations by China’s government, and to establish an impartial and independent UN mechanism to closely monitor, analyze, and report annually on that topic. We urge the UN Secretary-General to appoint a Special Envoy, consistent with his Call to Action on Human Rights, and we call on the High Commissioner for Human Rights to fulfil her independent mandate to monitor and publicly report on China’s sweeping rights violations. We support the call that UN member states and UN agencies use all interactions with Chinese authorities to insist that the government comply with its international human rights obligations.

Thematic situations

Prevention of human rights abuses
The ability to take Council action with regards to prevention of deteriorating human rights situations relies on an accurate flow of information from the ground, whether from human rights defenders or independent media. Civil society – including human rights defenders, journalists, and human rights monitors – are often the first affected by a worsening human rights situation. An increasingly inability to express dissent, gather in protest, or operate as independent civil society is often a clear signpost that further human right violations are to come, to be met by willfully restricted avenues of domestic resistance. As an immediate example, in the case in Tanzania, time is fast running out for the HRC to operationalize its protection mandate in order to prevent further deterioration.

In the report presented in March 2020 (the Council’s 43rd Session), the Rapporteurs highlighted this importance of civic space. As such, a resolution on the Council’s prevention mandate should highlight civic space restrictions as indicators for a worsening human rights situation. This would enable the Human Rights Council to take action to prevent severe human rights violations, including by working with the state in question constructively to roll back restrictions to civic space, before the situation becomes beyond repair. Specifically, that civil society indices, such as the CIVICUS Monitor, could be used to develop a more specific set of indicators and benchmarks relating to civic space which would then trigger intervention.

Further intervention could be operationalized through a Working Group on Prevention or the country level mechanism in New York.

Recommendations
CIVICUS encourages states to recommend that the use of such civic space indices is articulated in the resolution on the Council’s role in prevention. CIVICUS also recommends that states use civic space indicators in a systematic manner at the Human Rights Council in order to further operationalize its prevention mandate. This includes raising civic space concerns through individual and joint State statements at the Council, thematic debates, resolutions, the Universal Periodic Review (UPR) process, and special sessions and urgent debates.

Reprisals
UN initiatives are only possible with strong engagement from civil society on the ground, who not only provide information and analysis, but are on the front line of ensuring that human rights standards are respected by their own governments, and that violations are held to account. Reprisals have a significant impact on citizen participation at every level of the international human rights infrastructure and are another example of civic space being squeezed.

There is no political cost to states engaging in reprisals, and we recommend that the new resolution incorporates an accountability mechanism. There are a number of emerging trends in types of reprisals leveled against individuals and civil society – false narratives driven on social media and the engagement of non-state actors being just two such escalating tends.

Recommendations
Often, the only deterrent to states engaging in this practice is to publicly name them. CIVICUS recommends that States use the Interactive Dialogue with the Assistant Secretary General to raise specific cases of reprisals – cases of reprisals in Egypt, Bahrain, Viet Nam and China are particularly prevalent. CIVICUS also recommends that reprisals taking place within the UN itself are highlighted.

Arbitrary detention
Popular action is on the rise across the globe as people take to the streets to demand justice, equity and democratic rights. But this has been mirrored by an unprecedented use of excessive force and arbitrary detention to silence the legitimate exercise of the right to freedom of assembly. In 2019, the CIVICUS Monitor found that one of the most commonly-logged violations of civic rights was against the right to peaceful assembly. This trend looks set to continue, with States both weaponizing repressive laws in order to create justification for detention and arresting peaceful protesters on vague and ill-defined grounds.

In July, the Human Rights Committee published its General Comment 37 on Article 21 of the ICCPR – the freedom of peaceful assembly. In its guidance relating to arbitrary detention around freedom of assembly, the GC highlights that ‘the procedural guarantees of the Covenant apply to issues such as detention in connection with peaceful assemblies’. It also states that ‘preventative detention of targeted individuals, to keep them from participating in assemblies, may constitute arbitrary deprivation of liberty, which is incompatible with the right of peaceful assembly’, and that practices of indiscriminate mass arrest prior to, during or following an assembly, are arbitrary and thus unlawful’.

The CIVICUS Monitor as well as other monitoring trackers show that states are falling well short of this guidance. In India, thousands have been held in preventative detention in the context of CAA protests. In Iraq, approximately 3,000 demonstrators were detained during mass protests between October 2019 and April 2020. In Zimbabwe, a number of activists were arrested or abducted to prevent the protests from taking place. Belarus’ practice of mass detentions in the context of protest has prompted condemnation from the UN. Reports from the United States of unidentified police officers detaining protestors may also give rise to arbitrary detention. In Hong Kong, new security law allows for retroactive detention of protestors, well after the protests had ended.

Recommendations
CIVICUS recommends that States raise arbitrary detention in the context of protests in statements, jointly or in your national capacity, during the interactive dialogue with the Working Group on Arbitrary Detention, and call on the Working Group to look specifically at this issue. CIVICUS further encourages States to name country situations in which individuals have been arbitrarily detained in the context of protests – for example the United States, Belarus, Zimbabwe.

Current council members:

Afghanistan, Angola, Argentina, Armenia, Australia, Austria, Bahamas, Bahrain, Bangladesh, Bulgaria, Burkina Faso, Cameroon, Chile, Czech Republic, Democratic Republic of the Congo, Denmark, Eritrea, Fiji, Germany, India, Indonesia, Italy, Libya, Marshall Islands, Mauritania, Mexico, Namibia, Nepal, Netherlands, Nigeria, Poland, Pakistan, Peru, Philippines, Qatar, Republic of Korea, Senegal, Slovakia, Somalia, Sudan, Spain, Togo, Ukraine, Uruguay, Venezuela

Civic space ratings from the CIVICUS Monitor

The 46th Session of the UN Human Rights Council will sit from 22 February - 23 March, 2021 and there are a number of critical human rights resolutions up for debate and for the 47 Council members to address. Stay up to date by following @civicusalliance and #HRC46

The 46th Session of the Human Rights Council presents challenges and opportunities for civil society engagement. We encourage States to continue to raise the importance of civil society participation, which makes the Human Rights Council stronger, more informed and more effective. 

We look forward to engaging on a range of issues in line with our civic space mandate, set out below. In terms of country-specific situations on the agenda of the Council, CIVICUS will be engaging on resolutions on Nicaragua, Myanmar, Sri Lanka, and South Sudan. Other countries of serious concern as we approach the 46^th Session include Zimbabwe, Tanzania and Russia.

With relation to thematic issues, CIVICUS will be engaging on the High Commissioner’s report on COVID and human rights, the Special Rapporteur’s report on human rights defenders, and the Special Rapporteur’s report on human rights and counter-terrorism. 

Civil society Participation in times of COVID19
Like last session, civil society participation has been significantly impacted by COVID-19. Travel restrictions and distancing guidelines means that in-person participation is conspicuously limited, particularly for organisations from the Global South. Opportunities for remote participation via video messaging are providing a welcome alternative - because of this change, people and groups affected by issues being discussed will, to some extent, be able to address the Council without being limited by their ability to travel to Geneva, as is usually the case. But being able to meet with and hear directly from human rights defenders in the room and in-person, whether through side events or statements, has long been a strength of the Council. The human rights defenders who attend Council sessions strengthen resolutions by providing first-hand information and serve to hold states to account, and their participation reinforces valuable partnerships. Like last session, opportunities to do so in-person will be very much missed.

- see individual member country ratings - ...

Country-specific situations

Nicaragua (Civic space rating: Repressed)

Nicaragua is rated as repressed by the CIVICUS Monitor. Ahead of elections in the country scheduled for this year, increasing restrictions on civic space and expressions of dissent remain a major concern, and likely to escalate. 

A raft of repressive laws has been enacted that could seriously undermine freedom of association and free speech. In October 2020, Nicaragua’s lawmakers approved the “Foreign Agents Law” which expands government powers to control and muzzle civil society. The legislation requires civil society organisations that receive funding from abroad to register as “foreign agents” and bars them from intervening in “matters of internal politics.” In December 2020, Nicaragua's National Assembly approved a law that could prevent opposition candidates from participating in the upcoming presidential elections. This law prohibits "traitors to the fatherland" ("Traidores a la Patria") from running for public office, defining such people in general terms. In January 2021, lawmakers passed a constitutional amendment permitting life sentences for “hate crimes”. Human rights defenders and journalists continue to be targets of death threats, intimidation, online defamation campaigns, harassment, surveillance, and assault. According to data collected by the press organisation Periodistas y Comunicadores Independientes de Nicaragua (Independent Journalists and Communicators of Nicaragua - PCIN), police, paramilitary groups and government supporters continue to be the most frequent perpetrators. 

Attacks against civil society organisations, journalists and human rights defenders are early warning signs of an impending human rights crisis. The Human Rights Council must operationalise its prevention mandate by responding robustly to the upcoming High Commissioner’s report, including by enhancing monitoring and reporting on human rights violations, particularly in the context of the elections. Specifically, a resolution should:

• Renew the enhanced OHCHR mandate to monitor and report on the human rights situation in Nicaragua, and ensuring it is adequately resourced.
• Mandate the High Commissioner to report regularly to the HRC on the situation in Nicaragua the context of interactive dialogues, including by intersessional briefings ahead of the elections in November.
• Establish clear benchmarks for cooperation for Nicaragua to meet in order to prevent further Council action, including the repeal of repressive laws.
• Express explicit support for human rights defenders and the role of civil society, including journalists.

Myanmar (Civic space rating:Repressed)

Myanmar is rated as repressed by the CIVICUS Monitor. The Special Session on Myanmar this week is testament to the gravity of the situation in-country. A military coup d’état has left fundamental freedoms at grave risk; in a statement on 2 February, High Commissioner for Human Rights Michelle Bachelet highlighted that the presence of militarised forces on the streets are giving rise to ‘deep fears of a violent crackdown on dissenting voices’. 

As the military regime attempted to clamp down on information, pro-democracy activists launched a protest campaign dubbed the "Civil Disobedience Movement" in the capital Naypyidaw. They demanded the release of Aung San Suu Kyi and other detained leaders and called on the military to respect the results of the country’s November 2020 election. Journalists in Myanmar have reported credible threats of an imminent, broader-sweeping crackdown on media workers, and several have told Human Rights Watch that they fear for their safety. Some local journalists had reportedly gone into hiding. According to the International Federation of Journalists (IFJ), journalists are reporting increased surveillance of news reporting and journalists admitting to self-censorship since the coup.

The elections last November 2020 were not only affected by the COVID-19 pandemic but censorship and discrimination. The discriminatory 1982 Citizenship Law and the Election Law have been used to disenfranchise Rohingya and other opposition candidates to prevent them from running for office. 

The CIVICUS Monitor has documented a sustained attack on civic freedoms in the country over the last few years. A repressive legal framework has been used to criminalise individuals for speaking out, reporting or protesting again human rights violations, including independent journalists and human rights defenders. The situation requires strong response from the Human Rights Council.

We urge states to:

• Support the renewal and strengthening of the mandate of the Special Rapporteur on Myanmar, ensuring that the Special Rapporteur has sufficient resources, including human resources, to continue robust and ongoing monitoring of the situation including, given the gravity of the situation, resources for holding intersessional briefings to the Council.
• Ensure inclusion in preambular and operative paragraphs in both resolutions of language around ending internet shutdowns, cessation of excessive use of force against peaceful protester, and protecting human rights defenders, and the need for accountability for violations perpetrated by state forces.
• Highlight the crucial role of civil society, including human rights defenders.

Sri Lanka (Civic space rating: Obstructed)

Sri Lanka is rated as obstructed by the CIVICUS Monitor. Civic freedom violations have persisted in Sri Lanka as President Rajapaksa’s party expands its powers. In October 2020, Parliament adopted amendments to the Sri Lankan Constitution, which serve to expand the powers of the President, while encroaching on the powers of Parliament and the courts. In recent months, there have been targeted arrests, intimidation and threats against the lives and physical security of lawyers, activists, human rights defenders and journalists. Groups seeking transitional justice for crimes during the country’s 26-year civil war held protests seeking answers especially on the disappeared but face harassment from the authorities.

The UN has received continued allegations of surveillance of civil society organisations, human rights defenders, and families of victims of violations, including repeated visits by police and intelligence services, questioning organisations about their staff and activities related to the UN. Numerous civilian institutions, including the NGO Secretariat, have come under the control of the Ministry of Defence.

The current administration’s reneging on its international commitments has put accountability and reconciliation processes under grave risk. This is being compounded by an escalation of attacks against civil society, particularly against groups and people working to further human rights. With NGOs who document, monitor and report on historic and current rights violations being raided and attacked, it is clear that much-publicized national accountability processes are in name only. It is crucial that the international community maintains a strong position on Sri Lanka, through a non-consensual resolution if necessary. States should support a strong resolution which emphasises accountability and implements the recommendations in the High Commissioner’s report, with particular calls for the furthering of accountability processes and protection of civil society. Failure to do so would impact significantly the Council’s credibility. 

Specifically, the resolution should:

• Request OHCHR to enhance its monitoring of the human rights situation in Sri Lanka, including progress towards accountability and reconciliation, and report regularly to the Human Rights Council;
• Establish an independent international mechanism or process to investigate allegations of serious human rights abuses, war crimes and crimes against humanity, secure evidence, and identify perpetrators for future prosecution.
• Explicitly recognize civil society including human rights defenders for the role they play in documenting and monitoring.

Zimbabwe (Civic space rating:Repressed)

Zimbabwe is rated as repressed by the CIVICUS Monitor. As the country’s economy continues to decline, workers and civil servants have sustained protest actions to call for better wages to cushion them from the resulting economic shocks. Protests have been met with forcefully dispersed, with police citing the ongoing curfew restrictions in light of the COVID-19 pandemic and arresting at least 20 protesters. The country’s situation has become a multi-layered crisis characterised by economic collapse, deepening poverty, corruption and human rights abuses. 

Soldiers and police officers routinely forcefully dispersed the peaceful protest citing the ongoing curfew restrictions in light of the COVID-19 pandemic and arresting at least 20 protesters. It is commonplace for those arrested to be charged with inciting public violence. In 2020, the High Commissioner for Human Rights raised alarm at the situation when investigative journalist Hopewell Chin’ono was arrested on 20 July and charged with inciting public violence, after he tweeted his support for nationwide protests against government corruption and worsening economic conditions. He has since been released and re-arrested. Jacob Ngarivhume, an opposition leader who has been calling for the protests on 31 July, was also detained and similarly charged. These are warning signs of an escalating crisis. In the interests of furthering the Council’s prevention mandate, we call on states to raise Zimbabwe through statements, jointly or in their national capacity, offering support to civil society on the ground. 

Such statements could include specifically:

• Concerns about the worsening crackdown in Zimbabwe, particularly in the context of the debate on the High Commissioner’s report on COVID and human rights. 
• Urging Zimbabwe to engage with civil society and other stakeholders to find sustainable solutions to grievances while ensuring that people’s rights and freedoms are protected in accordance with Zimbabwe’s human rights obligations.

South Sudan (Civic space rating:Closed)

South Sudan is rated as closed by the CIVICUS Monitor. In South Sudan, violence and harassment of human rights defenders and journalists continues as the UN extends the arms embargo and its sanctions regime. Despite hopes of peace following the formation of the transitional government of national unity formed by former warring factions on February 2020, fighting continues in several areas of the country, and dozens of people continue to die due to inter-communal fighting. The United Nations Mission in South Sudan (UNMISS) reported that at least 5,000 civilians had been displaced by heavy fighting in Jonglei State. On 4 August 2020, at least 23 people were reported killed and 20 others wounded in an attack on a religious compound, where unidentified gunmen killed the deacon of the church and at least 14 women and children seeking refuge in the compound. 

Despite hopes of peace following the formation of the transitional government of national unity formed by former warring factions on February 2020, fighting continues in several areas of the country, and dozens of people continue to die due to inter-communal fighting. As the Council recognised in June 2020, the mandate of the CHRSS should continue until such a point as demonstrable progress has been made against human rights benchmarks, and based on an assessment of risk factors of further violations. Necessary progress has not yet been made to consider a change of approach in this regard. As the only mechanism currently collecting and preserving evidence of violations of international humanitarian and human rights law with a view to accountability and addressing human rights and transitional justice issues in South Sudan from a holistic perspective, the CHRSS remains vital.

A resolution extending the mandate of the CHRSS must:

• Extend the mandate of the CHRSS in full under the same agenda item.
• Call on the CHRSS to articulate clear human rights reform benchmarks or indicators against which any progress can be measured.
• Call on the CHRSS to enhance its engagement with civil society and human rights defenders on deliverance of its mandate, giving due attention to the increasing restrictions, threats, and attacks civil society and media actors face. 

Tanzania (Civic space rating: Repressed)

Tanzania is rated as repressed by the CIVICUS Monitor. In Tanzania, the increasing repression of democracy and civic space has deeply deteriorated environment for human rights. Several opposition parties have reported widespread irregularities in the process for enrolling candidates for the Presidential election on 28th October 2020. 17 opposition party members and critics of the government were arrested, with the increased oppression of opposition, suspension of human rights groups and the limiting of international media coverage of the elections being directly linked to the current government. In addition, the Tanzanian government continues to silence media coverage of the COVID-19 pandemic, most recently through the enactment of new online content regulations in early August 2020. Repression of what journalists can report on the pandemic is feared to stifle access to public health information.

In the interests of furthering the Council’s prevention mandate, we call on states to raise Tanzania through statements, jointly or in their national capacity, offering support to civil society on the ground. 

Such statements could include specifically:

• Concerns about the worsening crackdown in Tanzania, particularly in the context of the debate on the High Commissioner’s report on COVID and human rights.

Russia (Civic space rating: Repressed)

Russia is rated as repressed by the CIVICUS Monitor. The recent crackdown by the Russian authorities on independent civil society and dissenting voices in the country. Russian authorities are systematically using the tools of the state to arbitrarily deprive citizens of liberty and curtail the exercise of the freedoms of expression, peaceful assembly, and association. The alarming trends the international community has observed in Russia for more than a decade have been drastically increasing since the end of 2020 and require urgent international action.

At the beginning of 2021, Russia took a seat on the UN Human Rights Council. As a member of the international body charged with the promotion and protection of human rights around the globe, Russia’s active efforts to attack human rights domestically is particularly cynical. Members of the Council must use the 46th Session - Russia’s first session under its current membership - to strongly denounce these actions to use the tools of the state to attack independent civil society, severely limit civic space and silence dissenting voices.

CIVICUS is among 85 local and international organisations which endorsed a letter sent to members of the Human Rights Council calling for immediate action to protect and promote human rights and strongly condemn the actions of the Russian authorities. Attacks by Council member states on independent civil society, civic space, and dissenting voices must not go unaddressed.

Other countries of concern

Poland and Togo, have been placed on the CIVICUS Monitor's Watchlist, along with Myanmar and Nicaragua, to reflect their sharp decline in civic freedoms. 

In Poland, concerns about the deterioration of the rule of law and fundamental rights in Poland are long-standing and serious. Recently, a set of mass demonstrations against the near-total ban on abortion took place in Poland - a country whose abortion laws were already considered some of the most restrictive in Europe. There have been multiple reports of police brutality against protesters. The excessive use of force by police, disproportionate charges used against protesters, and speeches from public officials have encouraged further violence toward them. LGBTI rights remain under attack while public officials and opinion makers promote an atmosphere of hate and intolerance vis-à-vis LGBTI people in the country.

In Togo, civic space has been backsliding since the crackdown on anti-government opposition protests in 2017-2018 to demand a return to the provisions in the 1992 constitution that included a two-term limit on presidents. The detention of journalist Carlos Ketohou on 29th December 2020, the suspension of newspaper l’Indépendant Express in January 2021 and the detention of trade unionists are recent examples of civic space violations, highlighting the deterioration in the respect of civic freedoms in the country. Other violations since 2017 include the killing of protesters, the arrest and prosecution of human rights defenders, journalists and pro-democracy activists, banning of civil society and opposition protests, the suspension of media outlets, regular disruption of and shutting down of access to the internet and social media, the adoption of restrictive legislation such as the 2018 Cybersecurity Law and the 2019 modification of the law on conditions and exercise of peaceful meetings and protests.

Thematic situations

Human rights defenders

A chilling report will be presented to the Human Rights Council on human rights defenders who have been killed by state and non-state actors. The report highlights the warning signs which precede such killings, as well as accountability and justice – or lack thereof – which follows them. 

The work and protection of human rights defenders is integral to the mission of the Human Rights Council. Environmental human rights defenders are working to ensure we continue to live in an inhabitable planet; those whistleblowing government violations are critical for maintaining a society built on rule of law and respect for rights. 

We call on states to respond robustly to the report of the Special Rapporteur, including by naming specific human rights defenders who are detained or at risk, which we and our partners offers material protection to human rights defenders.

COVID and human rights 

The last months have demonstrated that more than ever civil society is needed in crisis response: in building and maintaining trust in the health system; identifying solutions that respond to the most urgent needs; and ensuring targeted and candid feedback on COVID-19 measures to improve responses. The report of the High Commissioner on the impact of the coronavirus disease (COVID-19) pandemic on the enjoyment of human rights around the world reflects this: ‘A vibrant civil society is essential to “building back better”, and the free flow of information and broad-based participation by civil society actors can help to ensure that the recovery responds to real needs and leaves no one behind.’

Since the declaration of the pandemic, however, CIVICUS has documented a number of trends in governmental response which restrict civic space, including:

• Unjustified restrictions on access to information and censorship;
• Detentions of activists for disseminating critical information;
• Crackdowns on human rights defenders and media outlets;
• Violations of the right to privacy and overly broad emergency powers.

We call on states to raise these concerns and recommendations in their response to the High Commissioner’s report on COVID and human rights, in the interests of a collaborative, participatory and effective approach to “building back better”. 

Counter-terrorism and human rights

According to the United Nations Special Rapporteur on Counter Terrorism and Human Rights, two-thirds of all communications sent to the mandate as part of monitoring human rights abuses are related to States’ use of counter terrorism, or broadly defined security measures to restrict civil society. A recent report states that, this extraordinarily high figure “underscores the abuse of counter-terror measures against civil society and human rights defenders since 2005.

Human rights defenders from the Philippines, Pakistan and India, to name a few, have been targeted under misused counter-terror laws. We urge states to raise concerns about attacks and reprisals against human rights defenders in the name of countering terror and in driving a narrative of human rights defenders and civil society more broadly as antagonists rather than partners in counter-terrorism.

Current council members:

Argentina, Armenia, Austria, Bahamas, Bahrain, Bangladesh, Bolivia, Brazil, Bulgaria, Burkina Faso, Cameroon, China, Côte d'Ivoire, Cuba, Czech Republic, Denmark, Eritrea, Fiji, France, India, Gabon, Germany, Indonesia, Italy, Japan, Libya, Malawi, Marshall Islands, Mauritania, Mexico, Namibia, Nepal, Netherlands,  Pakistan, Philippines, Poland, Republic of Korea, Russia, Senegal, Somalia, Sudan, Togo, Ukraine,  United Kingdom, Uruguay, Uzbekistan, Venezuela

Civic space ratings from the CIVICUS Monitor

The 47^th Session is set to run from 21 June to 15 July, and will cover a number of critical thematic and country issues. Like all Sessions held over the course of the pandemic, it will present challenges and opportunities for civil society engagement. CIVICUS encourages States to continue to raise the importance of civil society participation, which makes the Human Rights Council stronger, more informed and more effective.

The 48th Session of the UN Human Rights Council will sit from 13 September - 08 October, 2021 and there are a number of critical human rights resolutions up for debate and for the 47 Council members to address. Stay up to date by following @civicusalliance and #HRC48 

During the 48^th Session of the Human Rights Council, CIVICUS encourage States to continue to raise the importance of civil society participation, which makes the Human Rights Council stronger, more informed and more effective.

We look forward to engaging on a range of issues in line with our civic space mandate, set out in more detail below. In terms of country-specific situations on the agenda of the Council, CIVICUS will be engaging on resolutions on Cambodia and Burundi and debates on the Philippines, Myanmar, Venezuela and Tigray, as well as calling for formal Council action on Cameroonand for the for the urgent establishment of an investigative mechanism on Afghanistan.

On thematic issues, CIVICUS will be engaging on the resolution on equal participation in public and political affairs and the resolution on cooperation with the United Nations, its representatives and mechanisms in the field of human rights.

CIVICUS will also engage in the panel discussion on the promotion and protection of human rights in the context of peaceful protests; the debate with the Working Group on arbitrary detentions; and the debate with the Working Group on enforced disappearances.

Country-specific situations

Cambodia

Since the last resolution on Cambodia was negotiated and adopted at the Human Rights Council’s 42^nd Session in September 2019, the human rights situation in the country has drastically worsened. Research undertaken by the CIVICUS Monitor shows that laws are routinely misused in Cambodia to restrict civic freedoms, undermine and weaken civil society, and criminalize individual’s exercise of their right to freedom of expression. Human rights defenders, civil society activists and journalists are often subject to judicial harassment and legal action.

These concerns have escalated over the past two years. COVID-19 and the government’s repressive response has only exacerbated restrictions on fundamental freedoms. Engagement by Cambodia with the Council to date has been minimal at best, with no tangible human rights progress to be seen, and weaponized by Cambodia at worst.

Should the resolution continue its current cycle, the next opportunity for renegotiation on a Cambodia resolution would be September 2023: that is, after both commune elections set for July 2022 and national elections set for July 2023. The last round of elections in the country took place under, essentially, a one-party state. They were neither free nor fair. The next round of elections are likely to be even less so. The government has shuttered almost all independent media outlets and totally controls national TV and radio stations. Repressive laws – including the amendments to the Law on Political Parties, the Law on Non-Governmental Organizations, and the Law on Trade Unions – have resulted in severe restrictions on the rights to freedom of expression, peaceful assembly and association. It is imperative that the Council takes action with regards to these developments ahead of the next round of elections, and puts into place a robust monitoring mechanism to assess and address further election-related violations.

The gravity of the situation, along with the current dire trajectory of human rights in Cambodia, merits action under Item 2 or indeed Item 4. We call on States to ensure that, at the minimum, an Item 10 resolution which adequately addresses the situation would include additional monitoring from the High Commissioner, particularly in the context of the lead-up to elections. A resolution should similarly highlight the deteriorating situation, raising particularly persisting restrictions on civic space and the repression of dissent; arbitrary arrests and detentions; acts of intimidation or reprisal; violations of the right to peaceful and public demonstrations; and repressive laws or decrees that unduly restrict the rights to the freedoms of expression and association.

Cambodia is rated as repressed on the CIVICUS Monitor.

 Philippines

The UN joint programme on human rights, developed to implement Human Rights Council resolution 45/33 and focusing on specific areas for capacity-building and technical cooperation, was signed into existence earlier this year. However, the Joint Programme does not further any steps towards accountability for the thousands of murders under the auspices of the ‘war on drugs’ over the past five years, nor does it address their root causes. National efforts towards accountability have remain in name only; worryingly, they also serve to establish a false perception of sufficient action while atrocities continue as routine.

The situation urgently requires direct accountability action by the Council. That the ICC Prosecutor, after a four-year process, has called for a full investigation into the Philippines confirms the severe gravity of the situation. The ICC only has jurisdiction on Philippine cases dating before the country’s official withdrawal for the Rome Statute in March 2019. It is therefore incumbent on the Council to investigate the violations that have continued past this date.

During the Council’s 48^th Session, we urge States to raise the Philippines in the Item 10 General Debate, drawing attention to the ongoing lack of tangible action towards accountability. We further call on States to consider a more robust response to the High Commissioner’s report with a Council-mandated independent investigative mechanism to address the ongoing systemic human rights violations perpetrated with impunity. This is clearly warranted by the situation set out in the 2020 OHCHR report as well as the demonstrable lack of adequate domestic investigative mechanisms.

The Philippines is rated as repressed on the CIVICUS Monitor.

 Afghanistan

CIVICUS is deeply concerned about the safety of human rights defenders, journalists and staff of civil society organisations in Afghanistan following the collapse of President Ashraf Ghani’s government and the takeover by the Taliban. The resolution adopted by the UN Human Rights Council during its Special Session in August 2021 in response to the ongoing crisis in Afghanistan failed to effectively address grave human rights violations in the country. The Council now has a further opportunity to respond affectively to the crisis by establishing an independent investigative mechanism.

The Taliban have a track record of attacking civilians and engaging in reprisals against those who criticise them. Some have been abducted and killed. Following the takeover of Afghanistan’s capital, Kabul, human rights defenders have reported that lists of names of representatives of civil society have been revealed by the Taliban and raids have been carried out in their homes. Women human rights defenders and journalists are particularly at risk. Demonstrations, often led by women, have been violently dispersed. 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.

The failure of the Human Rights Council to address the human rights concerns of the people of Afghanistan and hold the Taliban accountable for its human rights violations was a missed opportunity. It must now take action to establish an urgent investigative mechanism to investigate all crimes under international law and human rights violations and abuses with a view to furthering accountability and justice – as called for by civil society, the Afghanistan Independent Human Rights Commission, a number of Special Procedure mechanisms, and the High Commissioner for Human Rights.

Afghanistan is rated as repressed on the CIVICUS Monitor.

 Burundi

Despite some improvements over the past year, the human rights situation in Burundi has not changed in a substantial or sustainable way. All the structural issues the CoI and other human rights actors have identified since 2015 remain in place. In recent months, there has been an increase in arbitrary arrests of political opponents or those perceived as such, as well as cases of torture, enforced disappearances and targeted killings, apparently reversing initial progress after the 2020 elections. Serious violations, some of which may amount to crimes against humanity, continue. Impunity remains widespread, particularly relating to the grave crimes committed in 2015 and 2016. Even if some human rights defenders have been released, national and international human rights organisations are still unable to operate in the country.

In the absence of structural improvements, and in view of the recent increase in human rights violations against persons perceived as government opponents, there is no basis, nor measurable progress, that would warrant a failure to renew the mandate of the CoI.

We call on States to ensure continued scrutiny on Burundi through a resolution which continues documentation, monitoring, reporting, and debates on Burundi’s human rights situation, with a focus on justice and accountability.

Burundi is rated as closed on the CIVICUS Monitor.

 Cameroon

In the English-speaking North-West and South-West regions, abuses by armed separatists and Government forces continue to claim lives and affect people’s safety, human rights, and livelihoods. The grievances that gave rise to the “Anglophone crisis” remain unaddressed. In the Far North, the armed group Boko Haram continues to commit abuses against the civilian population. Security forces have also committed serious human rights violations when responding to security threats. In the rest of the country, Cameroonian authorities have intensified their crackdown on political opposition members and supporters, demonstrators, media professionals, and independent civil society actors, including through harassment, threats, arbitrary arrests, and detentions.

We call on States to consider raising these concerns. A joint oral statement could include benchmarks for pro­gress, which, if fulfilled, will cons­ti­tute a path for Came­roon to improve its situation. If these bench­marks remain unfulfilled, then the sta­te­ment will pave the way for more formal Council action, inclu­ding, but not limited to, a reso­lution esta­bli­shing an in­vestigative and accoun­tability mechanism.

Cameroon is rated as repressed on the CIVICUS Monitor.

 Myanmar

Since the military coup of 1 February, over 800 people have been unlawfully killed, most during protests and with impunity. More than four thousand activists, protesters, journalists and politicians have been arbitrarily detained and some activists are facing trumped-up charges, including of treason. There have also been credible first-hand reports of torture or other ill-treatment of political prisoners by the military. Despite the intimidation and violence by the security forces, the anti-coup protests continue, but the military has amended laws to impose restrictions on civic space and imposed internet blackouts.

A strong resolution adopted in the Council’s 46^th Session in response to the military coup in Myanmar mandated reports of the UN High Commissioner for Human Rights and the UN Special Rapporteur on Myanmar. We strongly encourage States to engage in the interactive debates following the updates of the UN High Commissioner for Human Rightsand the progress report of the UN Special Rapporteur on Myanmar.

Myanmar’s Universal Periodic Review (UPR) is due to be adopted at this Session after being posponded from the Council’s 47^th Session. CIVCIUS and other national and international organisations strongly urges the Council to postpone again the adoption of the outcomes of Myanmar’s UPR Council amid the military coup. We further call on the Member and Observer States of the Human Rights Council to reject the representative of the Myanmar military junta to the UN Offices in Geneva and recognize the National Unity Government formed on the basis of the outcomes of the November 2020 elections as the legitimate government of the people of Myanmar.

Myanmar is rated as repressed on the CIVICUS Monitor.

 Ethiopia

The resolution adopted during the Council’s 47^th Session, which ensures Council scrutiny on the Tigray region of Ethiopia, was a vital step towards preventing further human rights violations and abuses in Tigray and furthering accountability.

Since Prime Minister Ahmed Abiy came to power in April 2018, his initially much-lauded domestic reforms have been severely undermined by ethnic and religious conflicts that have left thousands dead. Conflict broke out in the Tigray region in November 2020 between the Ethiopian army and the leading party in the Tigray region, the Tigray People’s Liberation Front (TPLF). Since then, an overwhelming number of reports have emerged of abuses and violations of international humanitarian and human rights law, including a surge in sexual violence and assault, massacres of civilians, and reports of ethnic cleansing. There have been widespread arrests of and attacks against journalists covering the conflict.

We encourage States to engage in the enhanced ID on the High Commissioner’s update on the situation of human rights in the Tigray region of Ethiopia, and particularly on questions relating to ensuring accountability for crimes perpetrated.

Ethiopia is rated as repressed in the CIVICUS Monitor.

 Nicaragua

Since 2018, President Ortega’s administration has precipitated a socio-political and human rights crisis in Nicaragua. Human rights defenders, journalists and members of the political opposition have been subjected to acts of intimidation, arrests and detentions by security agents. In March 2021, the United Nations Human Rights Council adopted a resolution in response to human rights violations which renews and strengthens scrutiny on Nicaragua. In March 2021, Nicaragua was placed on the CIVICUS Monitor Watch List, due to concerns about the country’s rapidly declining civic space.

The situation continues to deteriorate; just months before the November elections, the authorities have increased their attacks against members of the political opposition, human rights defenders and journalists. Nicaraguan human rights defender Medardo Mairena Sequeira was detained a month ago as part of a wave of arrests targeting activists and people who expressed their desire to stand for the Presidency ahead of Presidential elections scheduled for November 2021. In addition to Medardo, those detained include labour leaders Freddy Navas Lopes, Pablo Morales and Pedro Joaquin Mena. Many of those arrested are accused of complicity in the kidnapping and killing of police officers in 2018 during large scale protests that swept through Nicaragua that year. The authorities have stated that they are investigating those arrested for inciting foreign interference and violating national sovereignty.

The government has not adopted any electoral reforms – a key ask of the resolution adopted in March 2021. On the contrary, for several months, leaders and members of Unamos have been subjected to arbitrary arrests and detentions. The authorities have also imposed travel bans on other members of the political opposition and civil society, and froze their bank accounts.

At a critical time for Nicaragua, we call on States to take the opportunity to call for the immediate and unconditional release of political opposition, human rights defenders and journalists who have been arbitrarily detained, as well as for Nicaragua to implement crucial electoral reforms as a matter of urgency.

Nicaragua is rated as repressed on the CIVICUS Monitor.

 Venezuela

The Fact-Finding Mission (FFM) will present is second report to the Council during the 48^th Session. With local elections due for November 2021, the ongoing scrutiny of the FFM is vital. Parliamentary elections held in December 2020 were neither free nor fair, and the environment for enjoyment of fundamental democratic freedoms has deteriorated still further since then.

A raft of repressive laws and ordinances introduced this year risks restricting the work of CSOs in the country, and highlights a growing trend identified by the FFM in March: that of the targeting of individuals and non-governmental organizations engaged in humanitarian and human rights work. Such laws would have a devastating impact on organisations working to provide much needed humanitarian assistance in the country.

Restrictions on freedom of expression continue; recent attacks against media outlets include the raid and seizure of newspaper El Nacional, and acts of arson of the offices of media outlet CNP in Sucre. 153 media outlets were affected by digital censorship in Venezuela in 2020. As people continue to take to the streets in the context of a dire socioeconomic situation, security forces continue to use excessive force against protesters. Local organisations reported that during the first four months of 2021, 23 demonstrations were repressed, and one person killed.

Venezuela has shown some indications of engagement with regional actors; however, it continues to refuse to engage with the FFM and its ongoing processes. We urge States to engage with the dialogue of the FFM and to ensure its adequate funding, and, in line with an emphasis on accountability, to consider investigating and prosecuting those identified by the FFM to be suspected of committing crimes under international law. We further call on States to support the Office of the Prosecutor of the ICC in using FFM findings to determine whether to open a formal investigation into Venezuela.

Venezuela is rated as repressed on the CIVICUS Monitor.

 Thematic situations

Resolution on equal participation in political and public affairs

Equal participation in political and public affairs relies on access to information and the protection and promotion of the freedom of expression, freedom of association and freedom of peaceful assembly. In the last two years, these preconditions have been put under severe strain by the COVID-19 pandemic and its responses. In particular, participation has been impeded by rollbacks in democratic freedoms engendered by governmental response to the pandemic; the growing phenomenon of internet shutdowns; the impact of a growing digital divide; and elections postponed on grounds of both genuine public health concerns but also overreach of emergency powers.

During 2020 and into 2021, the CIVICUS Monitor documented a range of restrictions on rights introduced by governments under the pretext of protecting people’s health and lives which had a significant impact on democratic rights. This includes the use of restrictive legislation to silence critical voices, including through the proposal, enactment and amendment of laws on the basis of curbing disinformation.

According to a report published by Clement Voule, the Special Rapporteur on freedom of association and peaceful assembly, in June 2021, Internet shutdowns continue to be “a growing global phenomenon.” These measures have the ultimate aim of stifling dissent, stopping the free flow of information, and concealing grave human rights violations. More broadly, online forms of participation expedited owing to the pandemic have shown starkly the impact of unequal access to the internet - the digital divide - on equal participation. At times of crisis, it is even more critical that people have a voice, and a platform where they can hold their governments to account.

This is particularly the case as a number of governments postponed elections as a result of the health crisis, with corresponding impact on the right to participation. From 21 February 2020 until 21 August 2021, at least 79 countries and territories across the globe decided to postpone national and subnational elections. The postponement of elections can be a legal and legitimate response to emergencies, to avoid diverting resources from more urgent life-saving work. In this context, however, there was a real risk that the pandemic was used for political purposes. This was particularly prevalent in States with a narrowed, repressed or closed civic space, and often in line with the establishment of restrictive emergency laws which similarly curtailed freedoms of expression, peaceful assembly and association.

We encourage States to support a resolution which highlights and seeks to address these barriers to equal participation which have been engendered or exacerbated by COVID-19, in order to strengthen such participation.

Peaceful Protests

In a report presented to the Human Rights Council at its 47th Session, Special Rapporteur Clement Voule described Internet shutdowns as “a growing global phenomenon.” Authorities in Myanmar, Iran, India, Chad, Belarus and Cuba, among others, have particularly turned to shutdowns in response to, or to pre-empt protest. The number of governments imposing internet shutdowns during mass demonstrations continues to grow, and shutdowns have increased in length, scale and sophistication.

HRC res. 44/20, adopted by the Council in 2020, mandated a panel discussion on the promotion and protection of human rights in the context of peaceful protests, with a particular focus on achievements and contemporary challenges, to be held during the Council’s 48th Session. It also mandated a report by the Special Rapporteur on the protection of human rights in the context of peaceful protests during crisis situations.

Crises take interrelated forms which have socio-political impacts. In response to such crises, governments across the world have increasingly imposed internet shutdowns, which have a serious impact on the rights to assembly and other civic-space related rights. Shutdowns have been used as pre-emptive tools against peaceful assemblies, and have been especially deployed to target marginalized and at-risk populations. Such shutdowns, often implemented hand in hand with other repressive tactics against protesters, facilitate abuses and gross human rights violations committed in the context of peaceful protests.

We call on States to engage with the panel discussion on peaceful protests and raise the increasing issue of internet shutdowns.

Resolution on cooperation with the United Nations, its representatives and mechanisms in the field of human rights

UN action is only possible with strong engagement from civil society on the ground, who not only provide information and analysis, but are on the front line of ensuring that human rights standards are respected by their own governments, and that violations are held to account. Reprisals have a significant impact on citizen participation at every level of the international human rights infrastructure and are another example of civic space being squeezed.

At the moment, there is no political cost to States engaging in reprisals. There are a number of emerging trends in types of reprisals leveled against individuals and civil society – false narratives driven on social media and the engagement of non-state actors being just two such escalating tends.

Until such a political cost is established, the only deterrent to States engaging in this practice remains to publicly name them. We recommend that States use the Interactive Dialogue with the Assistant Secretary General to raise specific cases of reprisals – cases of reprisals in Egypt, Bahrain, Viet Nam and China are particularly prevalent.

CIVICUS also recommends that reprisals taking place within the UN itself are highlighted – such as that perpetrated by the delegate of Cambodia against prominent Cambodian human rights defender and monk, Venerable Luon Sovath, during a debate held in the Human Rights Council’s 45th Session.

Current council members:

Argentina, Armenia, Austria, Bahamas, Bahrain, Bangladesh, Bolivia, Brazil, Bulgaria, Burkina Faso, Cameroon, China, Côte d'Ivoire, Cuba, Czech Republic, Denmark, Eritrea, Fiji, France, Gabon, Germany, India, Indonesia, Italy, Japan, Libya, Malawi, Marshall Islands, Mauritania, Mexico, Namibia, Nepal, Netherlands, Pakistan, Philippines, Poland, Republic of Korea, Russia, Senegal, Somalia, Sudan, Togo, Ukraine,  United Kingdom, Uruguay, Uzbekistan, Venezuela

Civic space ratings from the CIVICUS Monitor

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.

As a global civil society alliance with a mandate to strengthen citizen action and civil society throughout the world, CIVICUS’ key priorities and recommendations ahead of the 52^nd Session of the UN Human Rights Council (27 February to 4 April) relate to protecting fundamental freedoms and supporting civil society where they face grave risk.