Israel

• CIVICUS Universal Periodic Review (UPR) Submissions on Civil Society Space

  CIVICUS and its partners have submitted joint and stand-alone UN Universal Periodic Review (UPR) submissions on 5 countries in advance of the 29th UPR session in January 2018. The submissions examine the state of civil society in each country, including the promotion and protection of the rights to freedom of association, assembly and expression and the environment for human rights defenders. We further provide an assessment of the States’ domestic implementation of civic space recommendations received during the 2nd UPR cycle over 4 years ago and provide a number of targeted follow-up recommendations.  

  Countries Examined: Burundi, France, Israel, Serbia, and the UAE 

  Burundi: CIVICUS, APRODH, LigueITEKA, DefendDefenders and FIDH examine the failure of the Government of Burundi to implement the vast majority of recommendations it accepted and noted during Burundi’s previous UPR cycle. In the submission, we highlight the restrictions on fundamental freedoms, the targeting of human rights defenders and Burundi’s refusal to cooperate with international human rights institutions and mechanisms. We further examine the high levels of impunity enjoyed by government officials, members of the security forces and the armed wing of the ruling CNDD-FDD party, the Imbonerakure. 

  France: While France has faced serious terrorist threats since its last UPR review, measures taken to protect the public from attacks have had negative consequences for the exercise of the fundamental freedoms of association, peaceful assembly and expression. In its submission to Frances third UPR review, CIVICUS outlines a series of concerns related to France’s decision to repeatedly extend its state of emergency, which has expanded powers of arrest, detention and surveillance of security forces without adequate judicial oversight and without due regard for the proportionality of measures taken to restrict fundamental freedoms. 

  Israel: CIVICUS, PNGO and ANND raise concern over ongoing violations of international human rights and humanitarian law committed in Israel and the Occupied Palestinian Territory since Israel’s previous UPR examination. Worryingly, the authorities continue to subvert the right to freedom of expression through the criminalization of dissent online. Human rights defenders and peaceful protesters also routinely face arbitrary arrest and are held in administrative detention to suppress their legitimate work.

  Serbia: CIVICUS, the Human Rights House Belgrade (Belgrade Centre for Human Rights, Civic Initiatives, Helsinki Committee for Human Rights in Serbia, Lawyers Committee for Human Rights) and Human Rights House Foundation document the continued intimidation, attacks and harassment of human rights defenders and journalists who report on sensitive issues, such as transitional justice, corruption or government accountability. Additionally, we assess how vilification of and smear campaigns against human right defenders, CSOs, and independent media outlets is undermining the work of civil society.

  United Arab Emirates: In its joint UPR submission, CIVICUS, the Gulf Centre for Human Rights and the International Service for Human Rights examine the continued suppression of fundamental democratic freedoms in the United Arab Emirates. This report explores the ongoing systematic campaign to persecute human rights defenders through arbitrary arrests, torture, deportation and the continued use of draconian legislation to restrict freedom of expression, association and peaceful assembly.
  

• CIVICUS urges an end to attacks on civilians in Gaza

  

  Global civil society alliance, CIVICUS expressly condemns the continued bombardment of civilians in the ongoing conflict in Gaza and calls on all parties to stop the violence to prevent further humanitarian catastrophe. 

  We are appalled by the immense loss of life in the conflict and incalculable suffering being imposed on civilians. Warning by the Israeli military to more than 1.1 million Palestinians in northern Gaza to evacuate southwards amounts to forcible displacement and will have dire consequences and lead to an unprecedented loss of lives and destruction of homes. Disruption of basic necessities such as electricity, food, water supply and fuel are causing immense suffering and must stop. Imposition of collective punishment on civilians by bombarding them and their homes amounts to war crimes. 

  CIVICUS stands against all human rights abuses and war crimes. We firmly believe that preventing future outbreaks of violence necessitates respect for human rights in the Occupied Palestinian Territories and Israel. We support access to justice for victims of violence and occupation. 

  CIVICUS mourns the loss of precious lives in Israel and the Occupied Palestinian Territories. We underscore the essential role of civil society organisations to help communities access their rights and pursue social cohesion and equality. Civic space and civil society participation are fundamental to ensuring accountability for human rights violations in accordance with due process because there can be no real peace or security without justice.

  CIVICUS remains concerned about the spread of disinformation which spawns hatred and violence. Finally, we urge the international community to urgently take steps to address the root causes of the conflict as a pathway to enduring peace. We urge the implementation of UN Security Council Resolution 1325 on Women, Peace and Security which incorporates gender perspectives.

• Civil society calls on the Israeli Government to release Ameer Makhoul
  CIVICUS joins civil society groups from around the world in demanding the immediate release of Ameer Makhoul, Director of Ittijah, an association of community-based Arab organisations based in Israel and the Palestinian territories. Ameer Makhoul, a prominent human rights activist and prisoner of conscience was arrested under questionable circumstances on 6 May 2010.

  Ameer Makhoul remains in prison despite the lack of evidence against him. During his latest appearance in the District Court in Haifa on 16 September, the cross examination of the policemen who arrested Ameer on 6 May revealed that during the Shabak (GSS) investigations, Ameer was denied sleep and access to the restroom for more than 24 hours. It was also revealed that there was no evidence on his computer and cell phone to prove he was involved in espionage or any conspiracy with a Hezbollah agent - charges levelled against him by the Israeli government.

  According to local sources, Ameer was detained incommunicado for six days following his arrest where he was given no explanation of the charges brought forth against him and was denied access to a lawyer during that time. Ameer is charged with violating "security" regulations, allegedly meeting and conspiring with an alleged Hezbollah agent while abroad who supposedly recruited him to engage in espionage against Israel. The Shin Bet, the Israeli security service, has refused to reveal any evidence supporting the charges against Ameer.

  During all of his seven meetings with his lawyers in prison, Ameer was denied his constitutional right to consult with lawyers privately and confidentially. According to Provision 45 of the Prisons Ordinance, clients and lawyers should not be separated, conversations should not be recorded or listened in on and it should be possible for lawyers to exchange documents relevant to the legal proceedings of the case. However, during each of the consultations, communication was only allowed via telephone, separated by a glass screen, or with prison guards listening into the conversations.

  The following civil society organisations from around the world and CIVICUS: World Alliance for Citizen consider Ameer as a prisoner of conscience, who has been arbitrarily arrested and detained for his lawful work with Ittijah, a civil society group which promotes the rights of Palestinian Arab civil society and advocates for political, economic and social change for Palestinians who are denied equal access to infrastructure and services. We call upon on the Israeli Government to respect its international human rights obligations by restoring to Ameer Makhoul his rights to freedom of expression, movement and proper due process of law. His next appearance in court will be October.

  This Public Statement has been endorsed/signed by the following:

  Karapatan, Alliance for the Advancement of People's Rights - Philippines
  Association of NGOs of Aotearoa - New Zealand
  Development Services Exchange - Solomon Islands
  Egyptian Association for Community Participation Enhancement - Egypt
  Cook Islands Association of NGOs - Cook Islands
  National Association of NGOs - Zimbabwe
  National Council for Voluntary Organisations - England
  NGO Coalition on Child Rights - Pakistan
  Nigerian Network of NGOs - Nigeria
  Scottish Council for Voluntary Organisations - Scotland
  Sinergia, Venezuelan Association of Civil Society Organisations - Venezuela

• Civil society calls on UN member states to address Israeli attacks against Palestinians

  Regional and international civil society organisations from around the world call on United Nations Member States to address the escalating and institutionalised Israeli attacks against Palestinians on both sides of the Green Line during the 30th HRC Special Session

  Your Excellency, 

  Israel’s repression against Palestinians on both sides of the Green Line escalated in May 2021 in response to widespread Palestinian demonstrations against Israel’s imminent threat of eviction and displacement of eight Palestinian families from their homes in the Sheikh Jarrah neighborhood in Jerusalem. Notably, this is only the latest example of Israel’s institutionalized regime of racial domination and oppression, which the Palestinian people have endured for decades. While the international community has ensured Israel’s impunity since 1948, enabling Israel to continue to commit widespread and systematic human rights violations, Palestinians on both sides of the Green Line and refugees and exiles abroad continue to oppose and stand steadfast against 73 years of Israeli settler colonialism and apartheid. 

  As Israel intensifies its crackdown on Jerusalem and other parts of the West Bank, conducts military strikes against civilians in the Gaza Strip, which have been living under a comprehensive land, air, and sea closure for 14 years, and targets Palestinians inside the Green Line, the undersigned civil society organizations, from around the world, urge your delegation to  engage in the 30th Special Session by the UN Human Rights Council and  address all violations of human rights law and international humanitarian law, including the root causes of Israeli violations against Palestinians on both sides of the Green Line.

  Since 13 April 2021, the beginning of the Muslim holy month of Ramadan, the Israeli occupying forces (IOF) have systematically targeted and attacked Palestinians in Jerusalem. The attacks escalated when the occupation police targeted worshippers at the Al-Aqsa Mosque compound, with tear gas, sound bombs, and rubber-coated metal bullets, resulting in hundreds of injured Palestinians. The occupation police prevented paramedics from accessing the compound to treat the injured and even directly targeted emergency responders by firing tear gas and wastewater containers on volunteers, paramedics, and ambulances. In other parts of the West Bank, Israel has violently suppressed demonstrations calling for an end to Israeli oppression, including by shooting live ammunition at demonstrators, killing 14 Palestinians between 14 and 18 May 2021. According to the Palestinian Ministry of Health, between 7 and 19 May, 5164 Palestinians were injured, 578 with live ammunition. 

  These attacks come in the context of increasing Palestinian mobilization against Israel’s policies and practices of racial domination and oppression, in response to the imminent eviction of eight Palestinian families, totaling 19 households of around 87 individuals, from the Sheikh Jarrah neighborhood in Jerusalem. The forcible transfer of Palestinians from Jerusalem is a war crime and likely amounts to a crime against humanity as it is being perpetrated in a widespread and systematic manner. Principle 6 of the Guiding Principles on Internal Displacement, prohibits arbitrary displacement, including “when it is based on policies of apartheid, ‘ethnic cleansing’ or similar practices aimed at/or resulting in altering the ethnic, religious or racial composition of the affected population.” All of these criteria are applicable to Israeli practices, policies and laws implemented with the intention of maintaining Jewish Israeli domination over the Palestinian people. 

  The Israeli police have also violently repressed Palestinian demonstrations inside the Green Line. Since 10 May 2021, thousands of Palestinian citizens of Israel came out to protest the evictions of Palestinian refugee families in Sheikh Jarrah, the use of extreme violence and attacks on worshippers and protestors by the police in Al-Aqsa Mosque and elsewhere, and the Israeli military attacks in Gaza. The Palestinian protestors were subjected to police violence and human rights violations, including denial of emergency medical care. High Commissioner Bachelet highlighted “reports of excessive and discriminatory use of force by police against Palestinian citizens of Israel”. Since 10 May, the  police have arrested 1097 Palestinians. 

  Moreover, Israeli settlers have intensified attacks against Palestinians living in the West Bank, including Jerusalem, with the support of the IOF. Inside the Green Line, far-right Jewish Israelis organized and coordinated the arrival of armed Israelis to attack Palestinians in al-Lydd, Ramle, Akka, Haifa, and Yafa, among other cities and areas. Moreover, the IOF has allowed Israeli settlers coming from the West Bank entry into Israel to target Palestinian neighborhoods and villages and provided support and protection as they attacked Palestinian residents and destroyed Palestinian property. In response, the Israeli police has not taken any action against and in some cases cooperated and supported the mob violence. High Commission Bachelet raised concern at “reports that Israeli police failed to intervene where Palestinian citizens of Israel were being violently attacked, and that social media is being used by ultraright-wing groups to rally people to bring ‘weapons, knives, clubs, knuckledusters to use against Palestinian citizens of Israel.” 

  In the Gaza Strip, the IOF continues to target civilian structures, in particular homes, wiping out whole families, and inflicting widespread destruction and collective punishment on the entire, trapped population. Since 10 May 2021, human rights organizations documented Israel’s use of disproportionate, indiscriminate, and unnecessary military force in violation of international law. Residential blocks are “being targeted pursuant to an apparent policy agreed by Israel's military and political leadership”. The number of residential buildings targeted now stands at 94, including six towers—three of which were completely destroyed—ultimately destroying 371 residential units. In addition, hundreds of private properties, as well as tens of governmental sites, schools, banks, and mosques have sustained significant damages. Israel’s airstrikes have also led to the large-scale destruction of power and water networks, as well as thousands of square meters of vital paved roads. 

  Israel’s extensive and systematic attacks on buildings, and the shelling of residential areas, especially those near the separation fence, force civilians—men, women, and children—to flee their homes in search of safety. Around 41,900 people have moved to 53 UNRWA schools, and the numbers are still increasing. Displaced people are experiencing appalling humanitarian conditions, especially when UNRWA schools have not officially been opened as shelters. 

  As of 2 pm on 17 May, 231 Palestinians, including 65 children and 39 women were killed; 1212 others have been injured in the attacks, including 277children and 204women. According to Israeli media, ten Israelis have been killed following rocket fire from Gaza. 

  It is again clear that civilians are paying the price of Israel’s pervasive impunity. Any firing of rockets or attacks must meet assessments of proportionality and the requirement for a concrete and direct military advantage. Indiscriminate attacks or targeting of civilians not taking a direct part in hostilities constitute a grave violation of international law. In order to protect all civilians, the Human Rights Council should address the root causes of Israel’s settler colonialism and apartheid to achieve lasting justice. 

  We call on your missions to:

   

  • Engage in the 30th UN Human Rights Council Special Session and address the escalating Israeli attacks against the Palestinian people, including the root causes of Israeli violations against Palestinians on both sides of the Green Line.
  • Establish a commission of inquiry to:
  • Monitor, document and report on all violations of human rights and humanitarian law, including the escalating attacks against Palestinians on both sides of the Green Line since April 2021;
  • Include and address the root causes of Israel’s institutionalized regime of racial domination and oppression over the Palestinian people in line with the 2019 Concluding Observations on Israel by the UN Committee on the Elimination of Racial Discrimination (CERD) which highlighted Israeli policies and practices against Palestinians on both sides of the Green Line are in violation of Article 3 of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) pertaining to racial segregation and apartheid;
  • Identify individuals responsible for serious crimes; 
  • Collect and preserve evidence related to violations to be used for accountability in relevant judicial bodies and transfer evidence to the Office of the Prosecutor of the International Criminal Court.

  Endorsing organisations 

  1. Cairo Institute for Human Rights Studies 
  2. International Service for Human Rights 
  3. Asian Forum for Human Rights and Development (FORUM-ASIA) 
  4. International Women's Rights Action Watch Asia Pacific (IWRAW AP)
  5. DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
  6. Centro de Estudios Legales y Sociales (CELS) 
  7. Egyptian Initiative for Personal Rights 
  8. CIVICUS: World Alliance for Citizen Participation
  9. Southern Africa Human Rights Defenders Network (SAHRDN)
  10. Commonwealth Human Rights Initiative (CHRI) 
  11. Women League for Peace and Freedom (WILPF)
  12. Sexual Rights Initiative
  13. International Federation for Human Rights (FIDH)
  14. 11.11.11 
  15. The Center for Reproductive Rights 
  16. Baytna 
  17. Bytes For All, Pakistan 
  18. Ireland-Palestine Solidarity Campaign 
  19. Human Rights solidarity 
  20. Association des Universitaires pour le Respect du Droit International en Palestine (AURDIP) 
  21. European Legal Support Center 
  22. Just Peace Advocates/Mouvement Pour Une Paix Juste
  23. Collectif Judéo Arabe et Citoyen pour la Palestine
  24. The Niagara Movement for Justice in Palestine-Israel (NMJPI) 
  25. ICAHD Finland
  26. Association belgo-Palestinienne WB
  27. Viva Salud
  28.  Intal
  29. CNCD-11.11.11
  30. EuroMed Rights
  31. The Palestinian Human Rights Organization (PHRO) - Lebanon 
  32. Scottish Palestinian Forum
  33. Trócaire
  34. European Trade Union Network for Justice in Palestine (ETUN)
  35. Istituto Internazionale Maria Ausiliatrice (IIMA)
  36. UPJB (Union des Progressistes Juifs de Belgique)
  37. Akahatá
  38. Association France Palestine Solidarité (AFPS)
  39. Habitat International Coalition – Housing and Land Rights Network
  40. Canadian BDS Coalition
  41. ASGI - Association for juridical studies on immigration
  42. Network for Immigration, Development and Democracy (IDD)
  43. Aegis for Human Rights
  44. Geneva Bridge Association
  45. Association of Maghreb Workers in France
  46. Association for the Promotion of the Right to Difference
  47. El Na aura Association, Belgium
  48. Coordination for Maghreb Human rights Organizations (CMODH)
  49. SAM organization for Rights and Liberties
  50. Yemeni Observatory for Human Rights
  51. Dameer Foundation for Rights and Freedom
  52. INSAF Center for Defending Freedoms and Minorities
  53. Abductees’ Mothers Association
  54. Together We Raise (Social Association) 
  55. Watch for Human Rights 
  56. Mwatana for Human Rights 
  57. Hadramout Foundation For Legal Support and Training
  58. Yemeni Observatory of Mines
  59. Mwatana for Human Rights
  60. Social Peace Promotion and Legal Protection
  61. Al-Haq Foundation for Human Rights 
  62. Al-Rakeezeh Foundation for Relief and Development 
  63. Growth foundation for development & improvement
  64. Namaa Foundation for Development and Improvement 
  65. Lebanese Center for Human Rights
  66. Freedom of Thought and Expression
  67. Committee for Justice
  68. Belady Center for Rights and Freedoms
  69. Egyptian Front for Human Rights
  70. Egyptian Human Rights Forum
  71. The Freedom Initiative
  72. Arabic Network for Human Rights Information
  73. Centre for Egyptian Women Legal Assistance
  74. Libyan Center for Freedom of the Press
  75. February 17 Organization for Environment and Human Rights
  76. Shiraa Association to fight AIDS and drugs
  77. Thought Pioneers Organization Mattress
  78. Mattress Youth Organization
  79. Al-Tebyan Association for Human Rights Dirj
  80. Al-Massar Organization for Youth and Culture Dirj Branch
  81. Mediterranean Organization for Development and Humanitarian Relief
  82. International Arabic Organization for Women’s Rights
  83. Nass for Nass organization to support youth Misurata
  84. Defender Center for Human Rights
  85. Libyan Crimes Watch
  86. Libyan Organization for Legal Aid
  87. Human rights solidarity
  88. The Tunisian General Labor Union 
  89. The Committee for the Respect of Liberties and Human Rights in Tunisia
  90. The Tunisian Organization Against Torture
  91. The Tunisian Association for the Defense of Individual Liberties
  92. The Tunisian Association 23-10 for the Support of the Democratic Transition Process
  93. The National Observatory for the Defense of the Civic Character of the State
  94. The Tunisian Association for the Defense of Minorities
  95. Hassan Saadaoui Association for Democracy and Equality
  96. The National Union for Tunisian Journalists
  97. Vigilance for Democracy and Civic State       
  98. The Tunisian Forum for Economic and Social Rights
  99. Democratic Association of Tunisians in France
  100. Association Aswat Nissa
  101. Tunisian Federation for Citizenship on both shores
  102. Tunisian Union for Citizenship Action
  103. Tunisian Center for Press Freedom
  104. EuroMaghreb Network: citizenship and culture
  105. Vigilance for Democracy in Tunisia (Belgium)
  106. Ga3 Kifkif Network
  107. Algerian Feminist Journal Foundation
  108. Tharwa N'Fadhma N'Soumeur organisation
  109. Action for Change and Democracy in Algeria (ACDA)
  110. Algerian League for the Defense of Human Rights (LADDH)
  111. Autonomous Union of Public Administration Personnel (SNAPAP)
  112. General Autonomous Confederation of Workers in Algeria (CGATA)
  113. Riposte Internationale
  114. Collective of the Families of the Disappeared in Algeria (CFDA)
  115. National Committee for the Release of Detainees (CNLD)
  116. SHOAA for Human Rights
  117. Association for the Defense of Human Rights in Morocco (ASDHOM)
  118. Organization for freedoms of Media and Expression
  119. Libyan Organization for Independent Media 
  120. Youth for Tawergha 
• GLOBAL: ‘Only through adherence to humanitarian principles and the rule of law can we shift away from armed conflict’

  CIVICUS speaks with Neshan Gunasekera, an international lawyer from Sri Lanka, about the role of the International Court of Justice (ICJ) in the context of the case brought by South Africa against Israel under the 1948 Genocide Convention.

  Neshan is a Visiting Research Fellow at the Raoul Wallenberg Institute of Human Rights and Humanitarian Law, Lead Counsel on Peace, Justice and Governance at the Centre for International Sustainable Development Law, Council member at the World Future Council and director of the International Association of Lawyers against Nuclear Arms.

  What’s the ICJ and why is it important?

  The ICJ is the main judicial organ of the United Nations (UN) and its role is to help peacefully settle disputes between member states and provide advice on matters relating to international law. Its creation was the result of a long journey to find peaceful ways to solve international disputes.

  In 2024, we will be commemorating 125 years since the founding of the ICJ’s earliest predecessor, the Permanent Court of Arbitration. This was one of the biggest achievements of the 1899 Peace Conference held at The Hague in the Netherlands. The extensive bloodshed that marked the 19th century prompted world leaders to gather and discuss how to transition from the outdated notion of war as a way to resolve disputes and towards preventive diplomacy, and the result was the Permanent Court of Arbitration, a forum for member states to bring their cases for resolution rather than resorting to armed conflict, violence or aggression as tools of diplomacy.

  World leaders at The Hague also discussed how armed conflict should be conducted, and how it could be limited. The outcomes of these discussions are referred to as the Hague Law and, taken together with the Geneva Law, resulting from the Geneva Conference of 1864, are collectively known as the 1949 Geneva Conventions that are the basis of international humanitarian law.

  Unfortunately, these notions took a backseat as the First World War erupted in 1914, and only resurged with the founding of the League of Nations in 1919. Three years later, the closest predecessor to the ICJ, the Permanent Court of International Justice (PCIJ), was formed. While it heard some interesting cases, the PCIJ was also short-lived, as the League of Nations shut down as the world prepared for another world war.

  In 1945, when the UN was founded, the ICJ assumed its position as the highest judicial institution within the system and the Statute of the International Court of Justice became an integral part of the Charter of the UN. As it took forward PCIJ precedents, the ICJ has now accumulated over 100 years of jurisprudence.

  The ICJ is one of the most important tools ever established for peacefully resolving disputes between states. Its 15 judges are meant to represent all UN geographic regions, civilisations and legal systems worldwide, including Indigenous and traditional legal systems. This entails a huge responsibility, particularly when it comes to representing voices that are still marginalised or underrepresented, such as those of Indigenous peoples.

  The ICJ is now more relevant than ever because we are a critical time in history when we need urgently to correct our course. The danger of nuclear weapons going off becomes more real every day. And this is no longer the time of Hiroshima and Nagasaki: today’s nuclear arsenal can obliterate life as we know it.

  Why has South Africa brought a case against Israel before the ICJ?

  This case is intriguing because South Africa didn’t appear to be in direct conflict with Israel. But it didn’t need to: South Africa came to the Court alleging that Israel was violating the Genocide Convention, a treaty signed by most UN member states, including both Israel and South Africa. This convention grants all its signatories the right to bring a case before the ICJ against another if it’s suspected of committing, inciting or continuing to commit genocide.

  The ICJ has jurisdiction to hear contentious cases, including those where parties have entered into an agreement and to provide advisory opinions on matters pertaining to international law. It also has compulsory jurisdiction, although this is limited to states that accept it, and authority to provide interpretations of international treaties This means it can make binding rulings in legal disputes submitted to it by states and give advisory opinions on legal questions at the request of UN bodies, specialised agencies or member states. The South Africa v. Israel case is a contentious case, which means it will eventually produce a binding court ruling.

  What are the challenges of bringing genocide cases before the ICJ?

  Genocide is possibly one of the worst crimes recognised as such by the international community. The Genocide Convention was the very first human rights convention the UN agreed on in the aftermath of the Second World War.

  While there is considerable consensus on what constitutes genocide, it often takes decades to gather the necessary evidence to prove that genocide has been committed. Following the Second World War, a wealth of documentation was submitted as evidence of genocide, but the burden of proof was quite high to demonstrate the systematic and intentional engagement of individuals and states in genocidal practices. For individuals, this was dealt with under international criminal law and for states under international law.

  However, in recent years several cases of genocide have been presented before the Court and the burden of proof has been increasingly scrutinised.

  In 2019 The Gambia, also a state not directly involved in the conflict, brought a case against the state of Myanmar, alleging that Myanmar’s military and other security forces perpetrated genocide against its Rohingya Muslim minority in Rakhine province. It could do so because both were signatories of the Genocide Convention. In 2022, the ICJ decided it had jurisdiction under the Genocide Convention to hear the application filed by The Gambia.

  The case is ongoing, and in November 2023 several additional states joined The Gambia’s genocide case against Myanmar. This was subsequent to the provisional measures the ICJ issued in January 2020 requesting Myanmar to prevent genocidal acts against Rohingya people while the case continued, and to report regularly on its implementation of the order. Developments in this case, as well as earlier cases relating to genocide, are most relevant to current proceedings.

  Notably, unlike Myanmar, Israel did not contest South Africa’s jurisdiction to bring the case before the court; that seemed like a settled issue. Still, proving genocide can be a long and arduous process, particularly when people are afraid to bring evidence before the Court, although in this age of information and technology there’s a lot of video evidence to support these cases. But when it comes to genocide cases, what’s most challenging is proving criminal intent.

  Why’s it so hard to prove genocidal intent?

  The ICJ faces the daunting task of proving the deliberate attempt to eradicate an ethnic, political or religious group. This isn’t only about the amount of violence or the number of deaths, but about the intent to eliminate a specific group, including through means other than murder, such as taking away children.

  This is why the interim measures requested by South Africa are so crucial. South Africa requested the immediate suspension of all hostilities by the Israeli military and for entry of humanitarian aid into Gaza to be allowed. While it did not order Israel to cease hostilities as had been requested, the ICJ’s interim measures requested Israel to take all necessary steps to prevent the commission of any acts of genocide. Further, it requested it take all necessary measures to prevent and punish the direct and public incitement to commit genocide of Palestinians in Gaza, an order on which the respected judge appointed by Israel also agreed with the majority decision.

  This is key because in international relations statements made by prime ministers, presidents and other high officials, including military officers, are interpreted as reflections of a state’s intentions. What they say is weighed against their actions and could serve as a way of proving intent.

  What are the consequences of the ICJ’s interim measures?

  All ICJ rulings and orders are binding, so the interim measures impose an obligation on Israel to comply. Additionally, when the ICJ issues a judgment, opinion or interim measure on a topic, its application extends beyond the specific case that originated it. This is why we are starting to see a wider impact of the case South Africa brought to the ICJ.

  For instance, in the Netherlands, civil society groups have filed several cases against their government to prevent it entering into military agreements that could incite or support the violation of human rights and humanitarian law in Gaza.

  In other words, the ICJ case is enabling deeper discussions on how member states should respond to armed conflicts and how citizens can hold their governments accountable and ensure that tax money is not used to fuel armed conflict.

  The case also underscores the ICJ’s vital role and its accumulated work over the years. States are increasingly resorting to the ICJ. Between 1947 and 2000, the ICJ issued interim measures on nine to 10 instances, while from 2001 to 2023 it has done so almost a dozen times, and most of these measures have been complied with. Overall, between 1947 and 2023, the ICJ has heard close to 200 cases and its opinions have been mostly respected. As of October 2023, there were 20 cases before the ICJ, including 18 contentious cases and two requests for advisory opinions. The two cases seeking advisory opinions are important: one is about the  ‘Legal consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem’, filed by 53 UN member states with proceedings currently underway at the Hague. The other one is about the obligations of states regarding climate change, with a deadline of 22 March 2024 for UN member states to submit written statements.

  This demonstrates the growing influence of the ICJ in interpreting international law and its adherence across the world. It also underscores the significance of international law. It is only through adherence to humanitarian principles and the rule of law that we can shift away from armed conflict. It is our collective responsibility to prevent future generations experiencing prolonged cycles of violence in which human rights and basic humanity are compromised. It is our collective duty towards all species on our planet.

  What challenges does the ICJ face?

  The ICJ is an integral component of the UN Charter, and its rulings should guide the actions of every member state. Unfortunately, out of the 196 UN members, only 74 have so far accepted the ICJ’s compulsory jurisdiction. To address this issue, a broad global civil society coalition supported by a group of likeminded UN member states has started the ‘LAW not War’ campaign to encourage other states to sign up and agree to its compulsory jurisdiction, so as to commit to go before the ICJ before resorting to the use of force.

  It’s also important to highlight that the ICJ does not operate in isolation. It is part of a broader network of international tribunals, such as the International Tribunal for the Law of the Sea and the International Criminal Court, as well as regional institutions like the European Court of Human Rights and the Inter-American Court of Human Rights. Further, national-level courts and tribunals also play a role. Understanding the interconnectedness of these systems is essential in assessing the international system of adjudication and to achieving an international rules-based order.

  In terms of impact on foreign and domestic policies, there is a discrepancy between what countries sign up to in the international arena and what they end up implementing domestically. The primary reason for this gap is that, although the ICJ’s rulings are binding, the Court lacks its own enforcement mechanism to ensure compliance and depends on principles of international law such as good faith and respecting promises made through treaties, also referred to as the ‘pacta sunt servanda’ principle. As a result, universal human rights principles are unevenly implemented at the domestic level.

  There is still clearly much to be achieved and we must come together, urgently and with agency, to work towards a peaceful and sustainable planet, based on the principles of international law.

  Get in touch with Neshan through LinkedIn.

  ---

  

  This interview was conducted as part of the ENSURED Horizon research project funded by the European Union. Views and opinions expressed in this interview are those of the interviewee only and do not necessarily reflect those of the European Union or any of the institutions the interviewee is a member of. Neither the European Union nor the granting authority can be held responsible for them.

• Israel at UN Human Rights Council: Adoption of Universal Periodic Review Report

  38th Session of UN Human Rights Council
  Adoption of the UPR report of Israel

  Mr. President, this is a joint statement by the Palestinian NGO Network (PNGO), the Arab NGO Network for Development (ANND) and CIVICUS. Israeli authorities continue to commit systematic and gross human rights violations against Palestinians. They have failed to implement human rights obligations as a state party to ICCPR and ICESCR and continue to disregard recommendations from UN Special Rapporteurs that call for an immediate end to the occupation.

  In our joint UPR report, we documented undue restrictions on the right to freedom of assembly and recommended that Israeli authorities stop using excessive and lethal force during protests. Recently in the Gaza Strip, Israeli occupation forces used snipers, plastic coated steel bullets, explosive bullets and gas grenades fired from drones in a calculated attempt to kill, maim and inflict serious bodily harm on Palestinians. Since March 20th, 2018, Israeli forces have killed 127 Palestinians and injured an estimated 14,000. Earlier this month, Razan al-Najar, a 21-year old nurse wearing a medical vest was killed by Israeli sniper fire while tending to injured protesters.

  Systematic violations also include the detention of Palestinian human rights defenders. Legislation enacted in 2016 granted Israeli authorities the power to indefinitely detain individuals without trial. These provisions are routinely used to detain human rights defenders. In May 2017, there were over 6,000 political prisoners with 490 imprisoned without trial. 

  We also express concern over Israel’s muzzling of social media. New legislation enacted in 2017 grants Israeli authorities power to arbitrarily block web content and arrest individuals for social media posts. 

  Mr.  President, PNGO, ANND and CIVICUS urge Council members to call on the Israeli government to respect its obligations under international law, by ending the occupation and recognising Palestinian self-determination. 

• ISRAEL: There is a lack of political will to end the occupation

   

  

  After a tough year for dissent in the occupied Palestinian territories, CIVICUS speaks to Amit Gilutz, spokesperson of B’Tselem – The Israeli Information Center for Human Rights in the Occupied Territories. Founded in 1989, B’Tselem (which means ‘in the image of’, pointing to the universal moral edict to respect and uphold the human rights of all people) strives to end Israel’s occupation, which it sees as the only way to achieve a future in which human rights, democracy, liberty and equality are ensured to all people, Palestinian and Israeli alike, who inhabit the land between the Jordan River and the Mediterranean Sea. It does so by documenting and publicising acts of injustice, violence and human rights violations in the West Bank, including East Jerusalem, and Gaza Strip, and by challenging the legitimacy of the occupation regime both in Israel and internationally.

  How would you describe the environment for civil society in Israel over the past year? Has it worsened or improved?

  The recent Israeli governments - each more extremely right-wing than its predecessor - have for years engaged in a campaign aimed at silencing criticism of their policies in general and specifically stifling any debate about the occupation. Not only are human rights organisations such as B’Tselem targeted: anyone critical of the government, whether they be journalists, academics, or artists, easily becomes the target for incitement through smear campaigns and legislation designed to narrow the space available for political or even cultural action. At the same time the government is engaged in intensive international lobbying aimed at cutting funding for civil society organisations (CSOs). This process, widely referred to as ‘shrinking democratic space’, is the predictable consequence of the prolonged occupation itself, now in its 51st year. It is paralleled with another push to erase the occupation, namely the formal annexation of the territories, which the current government seems to be keener on than previous ones.

  What effects have the turn towards right-wing populism abroad, and particularly in the USA, Israel’s most powerful ally, had in Israel?

  Benjamin Netanyahu’s government has been joining forces with other reactionary and populist governments around the world, aiming to create new alliances that would diminish the ability of the international community to act effectively against the occupation. These alliances, together with the green light Israel sees coming from Washington, including through a series of unilateral measures the US administration has taken against Palestinians, has emboldened the pro-settlement camp in Israel, as well as the government to step up its efforts in the dynamic process of gradually taking over more and more Palestinian land and resources, while pushing Palestinians onto enclaves that are detached from one another and from resources needed for a sustainable future.

  A case in point is the plan to forcibly remove the Palestinian community of Khan al-Ahmar, which is a war crime under international law. For decades Israel has created a coercive environment for dozens of Palestinian communities in the West Bank, hoping they will give up and leave, as if by their own volition, while stopping short of directly loading them onto trucks and dumping them elsewhere. These are the kinds of images that would damage the PR efforts of a state that purports to be a democracy, while at the same time controlling millions of subjects with no political rights. In the current political climate, Israel seems to be nearing a point in which this consideration will no longer stop it, although the planned forcible transfer of Khan al-Ahmar’s residents is for now on hold, thanks to international pressure.

  How significant was the Knesset’s decision to pass the contentious nation-state bill into law, declaring Israel as “the national home of the Jewish people”?

  Although significant, none of the laws passed recently should be seen in isolation because it is their totality that matters. Their combined purpose is to mark any opposition to the occupation as illegitimate, as lying beyond the border of acceptable politics, and to further marginalise the Palestinian citizens of Israel. That said, the opposition to the nation-state bill has been quite exceptional, and one can only hope that this opposition can be sustained.

  How do you work in the occupied territories, and what challenges do you face in doing so?

  B’Tselem field researchers are Palestinians who work in the communities in which they live, all across the Occupied Territories. The reality of the occupation is something that they experience on both the personal, as well as the professional, level. Take for example the B’Tselem field researchers based in blockaded Gaza: together with two million Palestinians they live under this reality. On a personal level, it’s part of their lives. On a professional level, the fact that they never get a permit from Israeli authorities to leave the Gaza Strip means that it’s almost impossible for them to meet with colleagues from the B’Tselem team. A permit to exit the strip would also mean some relief from the inhumane conditions that the blockade Israel imposes on Gaza has created. In the occupied West Bank, our field researchers and volunteers have been arrested, strip-searched and harassed, have had their equipment confiscated and otherwise prevented from doing their work.

  On the other side, in Israel proper, life of course is much more ‘normal’ – as exposed as our team is to the ongoing hate speech and government incitement. Specifically, Hagai El-Ad, B’Tselem’s Executive Director, has once again recently been a target of incitement. In October 2018, when he appeared for the second time in front of the United Nations (UN) Security Council, Israel’s Envoy to the UN, Danny Dannon, boasted in English about Israeli democracy, while addressing Hagai in Hebrew and accusing him of being a traitor.

  What extra help, including from international civil society, does progressive civil society in Israel need to help create a future in which Israelis and Palestinians can coexist and enjoy equal human rights?

  We need civilians around the world to demand that their representatives do nothing short of decisive action in order to bring an end to the occupation. What we lack is not political solutions but political will, and meanwhile an unbearable toll is taken on Palestinians.

  Civic space in Israel is rated as ‘obstructed’ by theCIVICUS Monitor

  Get in touch with B’Tselem through theirwebsite orFacebook page, or follow@btselem and@amit_gilutz on Twitter

• Joint letter on several European governments’ decisions to suspend or review their funding to Palestinian and Israeli civil society organizations

  We the undersigned are writing to you to raise concern regarding the decision by several European governments to suspend or review their funding to several Palestinian and Israeli civil society organizations. We are deeply concerned by these developments and call on your government to reverse any decision to halt such crucial funding. A reduction in funds to these groups and organizations erodes human rights protections across Israel and the Occupied Palestinian Territories (OPT) and call into question your ability to credibly promote and protect universal human rights values across the Middle East and North Africa.

• LEBANON: ‘Civil society has taken the lead in advocating for social change, human rights and political reforms’

  

  CIVICUS speaks about deteriorating civic space conditions amid political and security instability in Lebanon with Fadel Fakih, Executive Director of the Lebanese Center for Human Rights (CLDH).

  Founded in 1997, CLDH is a civil society organisation (CSO) working to enforce human rights for all, denounce human rights violators and fight impunity by providing legal and rehabilitation services.

  What’s been the impact of the ongoing political paralysis?

  Since April 2023, Lebanon’s parliament has repeatedly postponed municipal elections under the pretext of lack of funding and technical and logistical obstacles. This has impeded local democratic processes critical for addressing community needs, allocating resources and delivering essential services. The prolonged delay in holding elections has diminished people’s ability to raise concerns, hold local authorities accountable and participate in decisions directly affecting their lives.

  Parliament has also been unable to designate a president since the incumbent’s mandate expired in October 2022. It has tried and failed to elect a new president 12 times already. This political deadlock has significantly impacted on national governance and decision-making processes.

  A fully functional presidency is essential to guide Lebanon through its multifaceted crises and ensure the effective operation of government institutions. The absence of a president has obstructed the formation of a new government that would have to enact reforms and address urgent political, economic and security concerns. This has exacerbated public frustration and deepened a pervasive sense of uncertainty.

  What’s the current security and human rights situation in southern Lebanon?

  Since 8 October 2023, villages in South Lebanon have endured daily Israeli bombardments and exchanges of fire. As a result, at least 14 civilians have been killed, including women, children and older people. The press has also been deliberately targeted, resulting in the death of Reuters journalist Issam Abdallah on 13 October. According to the Lebanese Ministry of Public Health, as of 14 November the death toll stood at 77 people, with 328 wounded.

  The deteriorating security situation prompted the closure of 52 schools and forced many people to evacuate their homes, pushing the number of internally displaced people in Lebanon to over 46,000.

  Moreover, the Israeli army has deployed artillery shells containing white phosphorus, in violation of international humanitarian law. This has caused extensive damage to private properties, public infrastructure and agricultural land. Israeli shelling in southern Lebanon has also sparked fires that destroyed approximately 40,000 olive trees and scorched hundreds of square kilometres of land, dealing a severe blow to one of Lebanon’s primary agricultural crops.

  What are the conditions for civil society in Lebanon?

  In recent years Lebanese civil society has grappled with significant challenges. In the absence of basic government action, CSOs have taken the lead in advocating for social change, human rights and political reforms. Over the past year, civil society has tried to maintain momentum for change despite escalating problems, including the vacuum in the presidency, arbitrary deportations of Syrian refugees, targeted attacks on LGBTQI+ people and external security threats.

  But civil society efforts have been hindered by limited resources and a context of economic crisis, political instability, widespread corruption and a challenging humanitarian situation. Moreover, a smear campaign that powerful politicians launched in 2019 has caused a surge in hate speech and the targeting of civil society as a whole.

  Additionally, during 2023 we have experienced significant backsliding on freedom of expression, as media outlets and journalists have been increasingly targeted through legal actions, arrests, harassment and intimidation. Journalists critical of political figures or parties face reprisal, as influential groups abuse their power to try to suppress media coverage that contradicts their interests. For example, several journalists were recently summoned to the Cybercrimes Bureau in retaliation for their online publications. In October, CLDH faced direct threats from former military personnel for advocating for accountability in the case of a murdered Syrian national.

  Reporting on sensitive issues such as sectarian conflicts, government policies, corruption and security challenges often draws excessive attention from authorities who seek to control the narrative and conceal information that could destabilise the status quo. They also intend to use a draft media law currently under parliamentary discussion to further restrict freedom of expression.

  How does CLDH work to advance human rights, and what challenges do you face?

  CLDH advances human rights through a comprehensive approach that includes advocacy, research, public mobilisation, pro bono legal services for vulnerable groups regardless of nationality or migratory status, rehabilitation services for victims of torture and enforced disappearance and capacity development for key stakeholders in the human rights field. Through a project funded by the United Nations Democracy Fund, we are working to empower victims of human rights violations to become civic activists engaged in public awareness campaigns and policy reforms.

  Given the multifaceted nature of our work, we frequently encounter challenges such as limited funding and resources, security risks associated with handling sensitive cases, legal restrictions, widespread misinformation and apathy, and difficulties in accessing vulnerable groups. Other obstacles arise from the economic crisis, deteriorating conditions in Lebanese prisons and financial hardships faced by excluded groups.

  What forms of international support does Lebanese civil society receive, and what further support do you need?

  Lebanese CSOs receive international support in the form of financial assistance and grants, which are particularly crucial during crises when resources are scarce. Support also comes in the form of capacity development programmes and technical assistance aimed at increasing impact. International partnerships and networks also help amplify the voices of Lebanese civil society and strengthen our calls for policy changes.

  Further assistance is needed to ensure the financial sustainability of local CSOs and their resilience to external shocks, enabling consistent operation in difficult circumstances. Donors must align their support with local needs and priorities to address context-specific challenges.

   

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  Civic space in Lebanon is rated ‘obstructed’ by theCIVICUS Monitor.

  Get in touch with LCHR through itswebsite or itsFacebook page, and follow@HumanRightsCLDH onTwitter.

  The opinions expressed in this interview are those of the interviewee and do not necessarily reflect the views of CIVICUS.

• Letter to Israeli Prime Minister appealing for the release of Mr. Makhoul

  Click here to download

• Más de 100 fundaciones y donantes mundiales se comprometen a mantener la solidaridad con la sociedad civil palestina tras la prohibición por parte de Israel de seis importantes organizaciones de derechos humanos

  Los líderes filantrópicos instan a los gobiernos a defender la democracia y los derechos humanos protegiendo a la sociedad civil contra las políticas represivas.

• NETHERLANDS: ‘No government should allow transfers of weapons to a state committing war crimes’

  CIVICUS speaks with Frank Slijper, Arms Trade project lead at PAX, about a recent court victory in a case brought jointly with Oxfam Novib and the Rights Forum against the Dutch government for exporting arms to Israel that are being used in the assault on Gaza.

  PAX is the largest peace organisation in the Netherlands. It works to protect civilians against acts of war, end armed violence and build inclusive peace.

  Why did you bring a lawsuit against the Dutch government?

  We brought this lawsuit to stop our government exporting military equipment to Israel. PAX does research into the arms trade in countries that violate human rights and approaches those who finance it by appealing to their social responsibility. Oxfam and the Rights Forum share our values, so we decided to sue the government together. We had previously called on it to stop giving Israel free rein in Gaza but the government had not acted on our calls, choosing instead to continue supplying Israel with F-35 fighter jet parts despite the rapidly deteriorating situation.

  No government should allow transfers of weapons to a state committing war crimes. If there was ever a clear case of why this is so, this is it.

  Given the urgency of the situation we had to act quickly, and so we did, Merely four weeks after we learned about these exports to Israel, through a government leak posted by the NRC newspaper, we were in court making our case.

  What did the court decide?

  On 12 February, the Court of Appeal in The Hague ordered the Dutch government to stop all transfers of F-35 fighter jet parts to Israel within seven days, given the clear risk of violations of international humanitarian law by Israel. The court ruled that after 7 October 2023 the minister of Foreign Affairs was obliged to reassess the licence for the export and transit of F-35 parts to Israel and that this assessment should conclude that further export and transit must no longer be permitted. In addition, the court stated that such an assessment cannot be ‘weighed’ against other interests such as potential damage to diplomatic relations or economic interests. It also made clear that any ‘general’ arms transfer licence for an indefinite period must include a reassessment trigger in case the situation changes drastically, because otherwise the very idea of arms export controls would be undermined.

  The court also made clear that violations of international humanitarian law don’t need to be proved and that a ‘clear risk’ of such violations suffices. It found it ‘sufficiently plausible’ that F-35 fighter jets were involved in violations of international humanitarian law while also pointing out that there’s no requirement to prove a direct link between a specific weapons transfer and the alleged violations of international humanitarian law.

  Importantly, the court rejected claims by the government that information provided by human rights organisations such as Amnesty International and by United Nations (UN) special rapporteurs could not be credibly verified. Instead, it said that such sources must be taken ‘extremely seriously’.

  It also reaffirmed the very important role of civil society organisations in monitoring and ensuring the implementation of state obligations under the Arms Trade Treaty (ATT).

  The government had a week to comply with the court ruling and said it would do so. Sadly, however, it didn’t agree with the Appeals Court verdict and announced it would take the case to the Supreme Court for a final decision.

  Are you taking any further steps in relation with the Dutch government’s approach to the Israel-Palestine conflict?

  The Dutch government claims it is taking a balanced approach, speaking to both sides, when in fact it has refused to clearly condemn Israel, voted alongside the USA against UN resolutions that condemn Israel and demand an immediate ceasefire, and has refused to stop supplying weapons to Israel. Yes, it has enabled airdrops of medical supplies, but that is nothing more than a basic humanitarian obligation.

  In all the years our government has taken this supposedly balanced approach, not much has been achieved and a solution has not come any closer. More Palestinians have been forcibly displaced and illegal Israeli settlements have grown. We keep advocating for practical steps and measures to stop these violations and for an end to military cooperation between the Netherlands and Israel.

  For now, we are awaiting the last part of the legal process, and we have no choice other than keep defending our case, as we have successfully done so far.

  Do you expect this court ruling to have any international repercussions?

  The Appeals Court’s broad analysis of states’ obligations under the ATT and the European Union Common Position on Arms Exports makes this ruling an important source for any other organisation considering litigation. This case has been incredibly important for the future of arms export control, because it is the first time Dutch judges have set out so clearly and in such detail the government’s obligations to implement export controls. Governments that export arms must ensure that their exports comply with obligations under the ATT.

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  Civic space in the Netherlands is rated ‘open’ by theCIVICUS Monitor.

  Get in touch with PAX through itswebsite orFacebook page, and follow it onTwitter andInstagram.

• Over 100 Global foundations & donors pledge solidarity with blacklisted Palestinian civil society groups

  Philanthropic leaders urge governments to uphold democracy and human rights by protecting civil society against repressive policies

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  More than 100 global foundations and donors, most of them U.S.-based, have signed on to an open letter expressing solidarity with Palestinian civil society after six leading human rights organisations were designated as so-called “terrorist organisations” by Israeli Defense Minister Benjamin Gantz. The list of signatories includes foundations and funder networks across the U.S. and Europe that support environmental justice, feminist movements, and human rights -- all areas that the six banned nonprofit organisations focus on.

  “The cynical weaponisation of anti-terrorism laws poses an existential threat both for Palestinian human rights defenders and those defending human rights globally,” said Lara Friedman, president of the Foundation for Middle East Peace, a philanthropic organisation that promotes a just resolution to the Israeli-Palestinian conflict. “The breadth of signers of this letter underscores funders’ shared recognition of the urgency of challenging this dangerous tactic, and of the moral obligation to defend partners on the ground who, in essence, have been singled out for attack because they have done their work defending human and civil rights too well.”

  The six targeted organisations provide essential services for more than five million Palestinians living under Israeli military occupation. The list includes Addameer, Al-Haq, Bisan Center for Research and Development, Defense for Children International - Palestine, the Union of Agricultural Work Committees and the Union of Palestinian Women’s Committees.

  “The philanthropic community must not be silent,” said Latanya Mapp Frett, Global Fund for Women President and CEO. “Palestinian women, girls, and gender diverse and nonconforming people face multiple sources of violence—from the Israeli military occupation to a society dominated by patriarchy. The groups targeted by the Israeli government as ‘terrorists’ are activists. Women human rights defenders are fighting worldwide to end the widespread impunity for violence against women, sexual and gender-based violence, and femicide. We are honored to be part of a group of philanthropists who recognise their role in supporting movement leaders on the forefront of social justice.”

  International human rights and intergovernmental bodies rely on the targeted groups for documentation of Israeli rights violations, such as the government’s plan to construct more than 3,100 new illegal settlement units on Palestinian lands, announced just days after the six organisations were banned.  

  "The exposure of illegal spying on peaceful Palestinian human rights defenders, coming on top of baseless terrorism claims against internationally respected human rights organisations, underscores how important it is that the international community continue supporting their legitimate work," said Andrew Anderson, executive director of Front Line Defenders, which protects human rights defenders at risk globally. "Surely this episode will serve as a stark warning against any deployment of the term 'terrorist' against human rights defenders anywhere in the world, and renew efforts to rein in the use of spyware against human rights defenders, journalists and other civil society activists."

  The philanthropy open letter urges the U.S. government, European Union, and other governments around the world to protect Palestinian civil society by taking the following actions:  

  • Denounce all smear campaigns against Palestinian civil society organisations and press the Israeli government to immediately and fully rescind Gantz’s designation of “terrorist organization” against the six prominent Palestinian human rights organisations;
  • Hold the Israeli government accountable to adhere to international law and human rights standards; and;
  • Ensure that any philanthropic funds designated toward civil society organisations in Palestine reach them without interference by the Israeli government or financial institutions.

  “These designations mark a crescendo, not an opening salvo, in the Israeli government’s long-standing campaign to suppress Palestinian civil society,” said Kay Guinane, founder and senior advisor at the Charity & Security Network, a resource and advocacy center that protects the ability of nonprofits to carry out peacebuilding, humanitarian, and human rights missions. “For over a decade, Israel has been working with a network of legal outfits and disinformation groups to distract, defund, and delegitimise organisations in Palestine and internationally that work to support Palestinian needs and end Israel’s human rights abuses. Now, in addition to supporting disinformation and spurious lawsuits, the Israeli government is simply outlawing those who stand up to its abuses.”

  Pamela Kohlberg, who sits on the board of the Radical Imagination Family Foundation, added: “It is especially important for us, as Jews, to stand up for the human rights of the Palestinian community. Uniting as progressive funders to protest the targeting of these important civil society groups is critical. Future work for stability in the region will require relationships and cooperation with these organisations.”

  The full text of the letter and latest list of signatories may be found here.

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  Civic space in Palestine is rated as "Repressed"by the CIVICUS Monitor.

  Civic space in Israel is rated as "Obstructed"by the CIVICUS Monitor. 

• Over 150 organisations demand international community stand against raids and closures of 7 Palestinian organisations

  Amid Israel’s escalating attacks targeting their work, a group of more than 150 Palestinian, regional, and international organisations express our full solidarity with the designated seven leading Palestinian civil society organisations, Addameer Prisoner Support and Human Rights Association, Al-Haq Law in the Service of Man (Al-Haq), Bisan Center for Research and Development, Defense for Children International-Palestine (DCI-P), Health Work Committees (HWC),the Union of Agricultural Work Committees (UAWC), and the Union of Palestinian Women’s Committees (UPWC).

• PALESTINE: ‘Lack of a political horizon leading to the liberation of Palestinians has brought us here’

  CIVICUS speaks about the ongoing conflict in Gaza withAbdalaziz Alsalehi, senior researcher atthe Social and Economic Policies Monitor (Al-Marsad).

  Al-Marsad is a civil society organisation (CSO) that seeks to protect the rights of the most marginalised Palestinians through evidence-based policy analysis and monitoring and coalition building for advocacy, dialogue and cooperation.

  What’s the current situation in Gaza and the West Bank?

  The current situation is a continuation of the Israeli occupation of Palestine. Crimes against Palestinian civilians have persisted since 1948 to this day. Occupation forces continue to arrest, kill and displace Palestinians within their territories.

  Despite the world’s attention focusing on the attacks committed by Hamas, the 7 October events cannot be isolated from the historical context of Palestinian suffering, not just in Gaza but also in the West Bank.

  Gaza has been subject to Israeli siege and control for about 16 years, while the West Bank is under a system harsher than apartheid. Life there is exceedingly challenging for Palestinians. The poverty rate in the West Bank and Gaza is over 29 per cent and the unemployment rate sits at about 27 per cent. These rates constantly go up and down due to economic instability.

  But the problem is not only economic and social, it is also distinctly political. Occupying forces and settler militias commit horrifying crimes against Palestinians. In 2022 alone, 224 people, overwhelmingly male, were killed – 53 in Gaza and 171 in the West Bank. Fifty-three were children. In the same year, the Palestinian Ministry of Health recorded 10,587 injuries caused to Palestinians by Israeli occupation forces and settler militias’ gunfire. Forty-five per cent were caused by live ammunition.

  Well before October 2023, attacks against healthcare facilities and providers were widespread, with 177 recorded incidents of assaults against patients, medical teams and healthcare facilities in 2022. Nine of these attacks targeted healthcare facilities, 97 targeted ambulances and 83 affected injured and sick people. Additionally, 173 incidents involved assaults on medical personnel. The nature of these attacks varied, including direct assaults with individual weapons, hindrance of the movement and work of medical teams, exposure to psychological violence and aggressive searches.

  This has been the plight of Palestinians for decades, but the situation escalated dramatically after 7 October.

  Between 7 October and 5 December, the state of Israel has killed at least 15,523 civilians in Gaza and 245 in the West Bank, 70 per cent of them women and children. The escalation may be a response to the Hamas attacks, but data from previous years suggests that there had already been a shift from covert to direct killing and direct forced displacement. This is apparent in the fact that through its war in Gaza, Israel has disproportionately killed children and women without achieving any of its declared goals.

  What led to the current escalation of conflict?

  The lack of a political horizon leading to the liberation of Palestinians has brought us here. Palestinians have been victims of occupation for decades. The continuous suppression operations and the displacement of Palestinians from their lands in the years following the 1993-1995 Oslo Accords between Israel and the Palestine Liberation Organization have led to this outcome.

  It is crucial to note that although it witnessed no Palestinian escalation in recent years, Israel undermined any real opportunities for Palestinian economic empowerment, aiming for an economy controlled by Israel. Additionally, there were violations against sacred sites, particularly Al-Aqsa Mosque, as part of the ‘Judaisation’ of Jerusalem. This coincides with racial segregation on external roads and ongoing settlement activities, leading up to the events of 2021 when Palestinians in the occupied territories – and within the 1948 borders – and in Jerusalem rose up against the occupation. They continue to bear the consequences of those events to this day.

  All this is part of a series of events that Palestinians have been enduring since 1948 in the face of the colonial project that continues to uproot them from their land.

  Some believe that the current form of the government in Israel has led to the explosion of events, but this is not accurate. The occupation has long continued unchanged regardless of changes of government in Israel.

  It is worth noting that the region is changing and evolving, and global powers are undergoing radical transformations. With the war between Russia and Ukraine, the world’s attention diverted from the Palestinian cause and the ongoing oppression of Palestinians. Meanwhile, unconditional US support for Israel persists, which comes with the imposition of numerous conditions on Palestinians, who are witnessing the appropriation of their lands. These issues contribute to changes in the situation on the Palestinian front against the occupation. It cannot be conclusively determined at this moment whether changes will be in favour of Palestinians or not, but it does stir up stagnant waters.

  What challenges do Palestinian voices face in sharing their stories and demands internationally?

  My opinion is that western media – in the USA and Europe – is controlled by Zionist lobbies and manipulate facts and generate disinformation. Israel is also notorious for creating propaganda that serves its interests. Pro-Israel lobbies are so strong that some people fear exclusion in their societies if they voice their concerns about the situation of Palestinians.

  The challenge for Palestinians today lies in reaching a wider global audience. The world is not just Europe and the USA.

  Israel controls communications in occupied Palestine. When its control fails, it resorts to arresting people, and if this also fails it resorts to killing. However, Palestinians continue to convey their message to the world, and the world is beginning to open up to the truth, with part of it fully aware of what is happening in occupied Palestine. It is crucial for people in other societies to engage.

  Global governance institutions should also play an active role in conveying the messages and countering the suffering of Palestinians. The current negligence by the United Nations Security Council, the World Health Organization and the Red Cross is extremely dangerous. It paves the way for a global loss of trust in these institutions.

  What are the conditions for civil society in Palestine?

  Civil society is besieged. For 30 years, the Israeli occupation has undermined the work of CSOs, disabling their role in promoting self-reliant development, political change and an end to the occupation in the West Bank and Gaza. In recent years, the occupation government has become more explicit in suppressing CSOs, directly closing them down, confiscating their assets and arresting their staff.

  The occupation also imposes restrictions on the funding of CSOs. The political conditions on funding imposed by European and particularly US funders have led to the cessation of work by hundreds of CSOs.

  But the real gap arises from the fact that funders have transformed CSOs into an operational sector without linking them to a political horizon. Billions of dollars have been spent on agriculture, infrastructure and water, with little benefit. The Palestinian Authority also believes that CSOs narrow its political space because they are often critical of it too. But the truth is CSOs play a key role in overseeing the effectiveness of economic and social programmes.

  Beyond formal non-governmental organisations, civil society has essentially been destroyed, much like all civic bodies in the occupied Palestinian territories have been destroyed by the occupation. I would like to make clear that I’m speaking about civil society in its broad sense, encompassing various entities such as unions, youth clubs, political parties, collectives and social movements. This has played a crucial role in the retreat of political organisations that the occupation has fought against for decades.

  What international support do Palestinians receive, and what further support do you need?

  Essential sectors such as health, education and agriculture continue to suffer from a severe lack of support. The focus in recent years has been on advocacy and pressure, which is not the primary issue that needs attention to change the political reality.

  Above all, action is needed towards the goal of ending the occupation, by making Israel pay the price through boycotts on the economic, academic, cultural and even diplomatic levels. Israel must also face international courts for committing war crimes.

  How should the Israel-Palestine conflict be addressed?

  With all due respect, the framing of the question is part of the problem. What we are witnessing is not a conflict between states, but the resilience of an entire people against occupiers who have been killing, displacing and oppressing them for decades.

  When the issue is framed correctly, the answers become clearer. The problem lies in the colonial mindset: peace will only come when this is brought to an end. It is possible for Jews, Christians and Muslims to live together here as they did before 1948.

  A long-discussed solution that has not yet achieved any tangible form is the two-state solution with a Palestinian state along the 1967 borders and its capital in East Jerusalem, including the return of refugees and a restoration of their material and moral rights. This could be implemented through global political pressure on Israel, boycotting the occupation until it complies with these conditions.

  But over the years Israel has not even accepted a version of this solution in which Palestinians relinquish more than 75 per cent of their historical land. Which brings us back to the roots of the problem: the colonial displacement of Palestinians from their land. This is what the occupying state seeks, and this what the world, especially free nations, should act against.

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  Civic space in Palestine is rated ‘repressed’ by theCIVICUS Monitor.

  Get in touch with Al Marsad through itswebsite orFacebook page, and follow@almarsad_ps on Twitter.

  The opinions expressed in this interview are those of the interviewee and do not necessarily reflect the views of CIVICUS.

• PALESTINE: ‘The counter-terrorism law is used to restrict political work in Palestine & shrink civic space in Israel’

  CIVICUS speaks withEinat Fogel-Levin, International Advocacy Coordinator for the Human Rights Defenders Fund (HRDF), about growing restrictions on Palestinian civil society. HRDF is an Israeli civil society organisation (CSO) working to protect Palestinian and Israeli human rights defenders (HRDs) by providing legal aid and defence to those facing various forms of legal persecution and fending off attacks on their bodies, persons and work.

• PALESTINE: ‘They label us antisemites or terrorists to silence us and paralyse our human rights work’

  CIVICUS speaks about civil society’s online activism against repression and oppression in Palestine with Nadim Nashif, executive director and co-founder of 7amleh: The Arab Center for the Advancement of Social Media.

  7amleh is a civil society organisation that advocates for Palestinian digital rights. With the aim of creating a safe, fair and free digital space for Palestinians, it researches digital rights, provides training to Palestinian activists and organisations and leads local and international advocacy campaigns.

  What is the focus of 7amleh’s work?

  We focus on digital rights and digital activism. Palestinian people have been living under occupation for the past seven decades. This kind of occupation obviously involves lots of violence, repression and oppression.

  As technology progressed and the internet became part of our lives, the same power relations were replicated in the online world. Palestinians live under siege from the Israeli government. This siege is not only physical; it has also migrated to the virtual world.

  There are frequent attempts to prevent Palestinians from exercising their freedom of expression online. This is done by pressuring companies to exclude Palestinians. For instance, many social media platforms are biased in their policy toward Palestinian content and many digital payment platforms don’t allow Palestinians to use them under various excuses due to Israel’s pressure. PayPal, for instance, is available to Israelis but not Palestinians. Palestinians’ freedom of expression is also limited because they can be arrested for what they post on social media. There’s an evident practice of discrimination against Palestinians.

  Our organisation is recording all these cases of restriction and documenting them to fight for the rights and freedoms of Palestinians.

  How have Palestinians worked around these restrictions to make themselves heard?

  The Palestinian identity is under attack. For instance, the Israeli army doesn’t let the Palestinian flag be raised. But Palestinians have tried to find creative ways to express their identity. For example, to represent their flag while not raising an actual flag, they have chosen to display the flag’s colours. These are the colours that can be found in watermelons, so they will instead draw a watermelon.

  Social media platforms use the available technology, their algorithms and search engines, to cooperate with the Israeli authorities by monitoring speech and deleting content when certain keywords come up. For example, Palestinian political movements are considered by Israel and the USA to be terrorist organisations, so their names are banned from social media. But digital activists are finding ways to write them that trick artificial intelligence, such as by adding full stops between letters. This is how they can still express themselves and find ways not to be banned entirely online. Those are some tactics Palestinians are using to refuse to play by the rules of those who want to limit them and tell them how to think, write and express their national identity.

  Digital activism is key. When you experience human rights violations on a daily basis, the camera becomes a tool of resistance. For many Palestinians, it is the only defence from soldiers and violent settlers attacking them constantly. In many cases, home evictions were prevented because they were livestreamed. That’s why the Israeli government initiated legislation to criminalise photography and video-making.

  Online global solidarity is also key, as shown by the 2021 case of the Sheikh Jarrah neighbourhood in East Jerusalem, in which online solidarity movements applied pressure to prevent house evictions. As a result, the Israeli government’s plan didn’t succeed.

  How have the authorities reacted to this activism?

  They have constantly tried to silence the Palestinian narrative and raise the Israeli one, by criminalising Palestinian activists and sending them to jail. There are cases in which you don’t even understand why someone is in jail.

  I remember the case of a young teenager from Jerusalem who posted on Facebook some phrases about Palestinians needing to go to Al-Aqsa Mosque to defend it from Israeli settlers. He spent one and a half years in jail because of this, which was not a call to violence at all. He just said, ‘Hey, this is our holy place, we need to protect it’. You can be sent to jail for saying something about protecting a place! This example is just one of many.

  The Israeli government is pushing many laws and regulations to be able to do this. One of them is the so-called ‘Facebook law’ it is trying to pass. Officially, it’s meant to help deal with harmful content. But it aims to grant Israeli courts the power to demand the removal of user-generated content on social media platforms that can be perceived as inflammatory or as harming the security of the state, people or the public. It is so vague that anything the Israeli authorities don’t like will be sent to the courts, without those affected being able to defend themselves. Using ‘secret evidence’, Israel can order companies to take down content they consider to be illegal. This would obviously be used exclusively against Palestinians.

  Many tactics of online repression are already being used, including lots of online brigading – coordinated actions by groups constantly reporting social media content to the Cyber Unit. Palestinians are under surveillance 24/7, especially on social media. Accounts are continually under surveillance and reported to social media companies. These companies are taking down almost 90 per cent of what the Israeli government asks them to.

  How can international civil society and the international community best support Palestinian civil society?

  I think they must take a firm stand when human rights violations happen. There’s an ongoing attempt to silence Palestinian civil society by labelling us as antisemites or terrorists. These accusations have profound effects: they aim to paralyse Palestinian civil society and prevent it recording human rights violations and atrocities – war crimes – committed against Palestinians.

  Internationally recognised Palestinian human rights organisations have been on the ground for more than four decades and have recorded everything. They clearly have nothing to do with terrorism or antisemitism – all they care about is human rights and democratic values. But many governments around the world fail to reject the accusations against them. Why?

  Any outstanding personality or activist standing up for Palestinians faces a smear campaign. We are trying to develop tools that help us deal with this, but it’s not simple. Palestine is not the only place where this is happening. We’ve seen shrinking civic space and civil society activists and organisations stigmatised as terrorists or terrorist supporters in many other countries in the global south, with many countries of the global north cooperating and supporting the regimes that oppress them.

  No human being would accept having their freedoms taken away without fighting back, as Palestinians do; it’s a natural human reaction. We hope allies and friends from global rights movements, political movements and civil society organisations will stand up for us and raise their voices on our behalf.

  Civic space in Palestine is rated ‘repressed’ by theCIVICUS Monitor.
  Get in touch with 7amleh through itswebsite orFacebook page, and follow@7amleh and@NadimNashif on Twitter.

   

• Plus de 100 fondations et donateurs mondiaux s'engagent à être solidaires de la société civile palestinienne suite à l'interdiction par Israël de six grandes organisations de défense des droits de l'homme.

  Les leaders philanthropiques exhortent les gouvernements à défendre la démocratie et les droits de l'homme en protégeant la société civile contre les politiques répressives.

• Progress and shortcomings from 44th Session of the Human Rights Council

  Joint Statement for the end of the 44th Session of the UN Human Rights Council

  The 44th session of the UN Human Rights Council began with China's imposition of legislation severely undermining rights and freedoms in Hong Kong. Within days, there were reports of hundreds of arrests, some for crimes that didn’t even exist previously. We welcome efforts this session by a growing number of States to collectively address China’s sweeping rights abuses, but more is needed. An unprecedented 50 Special Procedures recently expressed concerns at China’s mass violations in Xinjiang, Hong Kong and Tibet, suppression of information in the context of Covid-19, and targeting of human rights defenders across the country. The Council should heed the call of these UN experts to hold a Special Session and create a mechanism to monitor and document rights violations in the country. No state is beyond international scrutiny. China’s turn has come.

  The 44th session also marked an important opportunity to enable those affected directly by human rights violations to speak to the Council through NGO video statements.

  Amnesty's Laith Abu Zeyad addressed the Council remotely from the occupied West Bank where he has been trapped by a punitive travel ban imposed by Israel since October 2019. We call on the Israeli authorities to end all punitive or arbitrary travel bans.

  During the interactive dialogue with the Commission of Inquiry on Syria, victims’ associations and families of victims highlighted the human rights violations occurring in detention centers in Syria. We welcome the efforts by some States to underline their demands and welcome the adoption of the Syria resolution on detainees and urge the Syrian government to take all feasible measures to release detainees and provide truth to the families, noting the important pressure needed by Member States to further call for accountability measures for crimes committed in Syria.

  Collette Flanagan, Founder of Mothers against Police Brutality, also delivered a powerful video statement at the Council explaining the reality of racist policing in the United States of America. We fully support victims’ families’ appeals to the Council for accountability.

  We hope that the High Commissioner's reporton systemic racism, police violence and government responses to antiracism peaceful protests will be the first step in a series of meaningful international accountability measures to fully and independently investigate police killings, to protect and facilitate Black Lives Matter and other protests, and to provide effective remedy and compensation to victims and their families in the United States of America and around the world.

  We appreciate the efforts made by the Council Presidency and OHCHR to overcome the challenges of resuming the Council’s work while taking seriously health risks associated with COVID-19, including by increasing remote and online participation. We recommend that remote civil society participation continue and be strengthened for all future sessions of the Council.

  Despite these efforts, delays in finalising the session dates and modalities, and subsequent changes in the programme of work, reduced the time CSOs had to prepare and engage meaningfully. This has a disproportionate impact on CSOs not based in Geneva, those based in different time zones and those with less capacity to monitor the live proceedings. Other barriers to civil society participation this session included difficulties to meet the strict technical requirements for uploading video statements, to access resolution drafts and follow informal negotiations remotely, especially from other time zones, as well as a decrease in the overall number of speaking slots available for NGO statements due to the cancellation of general debates this session as an ‘efficiency measure.’

  We welcome the joint statement led by the core group on civil society space and endorsed by cross regional States and civil society, which calls on the High Commissioner to ensure that the essential role of civil society, and States’ efforts to protect and promote civil society space, are reflected in the report on impact of the COVID-19 pandemic presented to the 46th Session of the HRC. We urge all States at this Council to recognise and protect the key role that those who defend human rights play.

  These last two years have seen unlawful use of force perpetrated by law enforcement against peaceful protesters, protest monitors, journalists worldwide, from the United States of America to Hong Kong, to Chile to France, Kenya to Iraq to Algeria, to India to Lebanon with impunity.

  We therefore welcome that the resolution “the promotion and protection of human rights in the context of peaceful protests” was adopted by consensus, and that the Council stood strongly against some proposed amendments which would have weakened it. We also welcome the inclusion in the resolution of a panel during the 48th session to discuss such events and how States can strengthen protections. We urge States to ensure full accountability for such human rights violations as an essential element of the protection of human rights in the context of protests. The current context has accelerated the urgency of protecting online assembly, and we welcome that the resolution reaffirms that peaceful assembly rights guaranteed offline are also guaranteed online. In particular, we also commend the resolution for calling on States to refrain from internet shutdowns and website blocking during protests, while incorporating language on the effects of new and emerging technologies, particularly tools such as facial recognition, international mobile subscriber identity-catchers (“stingrays”) and closed-circuit television.

  We welcome that the resolution on “freedom of opinion and expression” contains positive language including on obligations surrounding the right to information, emphasising the importance of measures for encryption and anonymity, and strongly condemning the use of internet shutdowns. Following the High Commissioner’s statement raising alarm at the abuse of ‘false news’ laws to crackdown on free expression during the COVID-19 pandemic, we also welcome that the resolution stresses that responses to the spread of disinformation and misinformation must be grounded in international human rights law, including the principles of lawfulness, legitimacy, necessity and proportionality. At the same time, we are concerned by the last minute addition of language which focuses on restrictions to freedom of expression, detracting from the purpose of the resolution to promote and protect the right. As we look to the future, it is important that the core group builds on commitments contained in the resolution and elaborate on pressing freedom of expression concerns of the day, particularly for the digital age, such as the issue of surveillance or internet intermediary liability, while refocusing elements of the text.

  The current context has not only accelerated the urgency of protecting assembly and access to information, but also the global recognition of the right to a safe, clean, healthy and sustainable environment. We welcome the timely discussions on ”realizing children’s right to a healthy environment” and the concrete suggestions for action from panelists, States, and civil society. The COVID-19 crisis, brought about by animal-to-human viral transmission, has clarified the interlinkages between the health of the planet and the health of all people. We therefore support the UN Secretary General’s call to action on human rights, as well as the High Commissioner’s statement advocating for the global recognition of the human right to a safe, clean, healthy and sustainable environment – already widely reflected at national and regional levels - and ask that the Council adopts a resolution in that sense. We also support the calls made by the Marshall Islands, Climate Vulnerable Forum, and other States of the Pacific particularly affected and threatened by climate change. We now urge the Council to strengthen its role in tackling the climate crisis and its adverse impacts on the realization of human rights by establishing a Special Rapporteur on Human Rights and Climate Change, which will help address the urgency of the situation and amplify the voices of affected communities.

  The COVID crisis has also exacerbated discrimination against women and girls. We welcome the adoption by the Council of a strong resolution on multiple and intersecting forms of discrimination against women and girls, which are exacerbated in times of a global pandemic. The text, inter alia, reaffirms the rights to sexual and reproductive health and to bodily autonomy, and emphasizes legal obligations of States to review their legislative frameworks through an intersectional approach. We regret that such a timely topic has been questioned by certain States and that several amendments were put forward on previously agreed language.

  The Council discussed several country-specific situations, and renewed the mandates in some situations.

  We welcome the renewal of the Special Rapporteur’s mandate and ongoing scrutiny on Belarus. The unprecedented crackdown on human rights defenders, journalists, bloggers and members of the political opposition in recent weeks ahead of the Presidential election in August provide a clear justification for the continued focus, and the need to ensure accountability for Belarus’ actions. With concerns that the violations may increase further over the next few weeks, it is essential that the Council members and observers maintain scrutiny and pressure even after the session has finished.

  We welcome the extension of the mandate of the Special Rapporteur on Eritrea. We urge the government to engage, in line with its Council membership obligations, as the Special Rapporteur’s ‘benchmarks for progress’ form a road map for human rights reform in the country. We welcome the High Commissioner report on the human rights situation in the Philippines which concluded, among other things, that the ongoing killings appear to be widespread and systematic and that “the practical obstacles to accessing justice in the country are almost insurmountable.” We regret that even during this Council session, President Duterte signed an Anti Terrorism Law with broad and vague definition of terrorism and terrorists and other problematic provisions for human rights and rule of law, which we fear will be used to stifle and curtail the rights to freedom of opinion and expression, to freedom of peaceful assembly and of association. Also during this session, in a further attack on press freedom, Philippine Congress rejected the franchise renewal of independent media network ABS-CBN, while prominent journalist Maria Ressa and her news website Rappler continue to face court proceedings and attacks from President Duterte after Ressa’s cyber libel conviction in mid-June. We support the call from a group of Special Procedures to the Council to establish an independent, impartial investigation into human rights violations in the Philippines and urge the Council to establish it at the next session.

  The two reports presented to the Council on Venezuela this session further document how lack of judicial independence and other factors perpetuate impunity and prevent access to justice for a wide range of violations of civil, cultural, economic, political, and social rights in the country. We also urge the Council to stand ready to extend, enhance and expand the mandate of the Independent International Fact-Finding Mission when it reports in September. We also welcome the report of the Special rapporteur on the human rights situation in the Palestinian Territory occupied since 1967 and reiterate his call for States to ensure Israel puts an end to all forms of collective punishment. We also reiterate his call to ensure that the UN database of businesses involved with Israeli settlements becomes a living tool, through sufficient resourcing and annual updating.

  We regret, however, that several States have escaped collective scrutiny this session.

  We reiterate the UN Special Rapporteur Agnes Callamard’s call to pressure Saudi Arabia to release prisoners of conscience and women human rights defenders and call on all States to sustain the Council’s scrutiny over the situation at the September session.

  Despite calls by the High Commissioner for prisoners’ release, Egypt has arrested defenders, journalists, doctors and medical workers for criticizing the government’s COVID-19 response. We recall that all of the defenders that the Special Procedures and the High Commissioner called for their release since September 2019 are still in pre-trial detention. The Supreme State Security Prosecution and 'Terrorism Circuit courts' in Egypt, are enabling pre-trial detention as a form of punishment including against human rights defenders and journalists and political opponents, such as Ibrahim Metwally, Mohamed El-Baqer and Esraa Abdel Fattah, Ramy Kamel, Alaa Abdel-Fattah, Patrick Zaky, Ramy Shaat, Eman Al-Helw, Solafa Magdy and Hossam El-Sayed. Once the terrorism circuit courts resumed after they were suspended due to COVID-19, they renewed their detention retroactively without their presence in court. It’s high time the Council holds Egypt accountable.

  As highlighted in a joint statement of Special Procedures, we call on the Indian authorities to immediately release HRDs, who include students, activists and protest leaders, arrested for protesting against changes to India’s citizenship laws. Also eleven prominent HRDs continue to be imprisoned under false charges in the Bhima Koregaon case. These activists face unfounded terror charges under draconian laws such as sedition and under the Unlawful Activities (Prevention) Act. While we welcome that Safoora Zargar was granted bail on humanitarian grounds, the others remain at high risk during a COVID-19 pandemic in prisons with not only inadequate sanitary conditions but also limited to no access to legal counsel and family members. A number of activists have tested positive in prison, including Akhil Gogoi and 80-year-old activist Varavara Rao amid a larger wave of infections that have affected many more prisoners across the country. Such charges against protestors, who were exercising their rights to freedom of peaceful assembly must be dropped. We call on this Council to strengthen their demands to the government of India for accountability over the excessive use of force by the police and other State authorities against the demonstrators.

  In Algeria, between 30 March and 16 April 2020, the Special rapporteur on freedom of opinion and expression, freedom of peaceful assembly and of association, human rights defenders, issued three urgent appeals in relation to cases involving arbitrary and violent arrests, unfair trials and reprisals against human rights defenders and peaceful activists Olaya Saadi, Karim Tabbou and Slimane Hamitouche. Yet, the Council has been silent with no mention of the crackdown on Algerian civil society, including journalists.

  To conclude on a positive note, we welcome the progress in the establishment of the OHCHR country office in Sudan, and call on the international community to continue to provide support where needed to the transitional authorities. While also welcoming their latest reform announcements, we urge the transitional authorities to speed up the transitional process, including reforms within the judiciary and security sectors, in order to answer the renewed calls from protesters for the enjoyment of "freedom, peace and justice" of all in Sudan. We call on the Council to ensure continued monitoring and reporting on Sudan.

  ENDORSEMENTS

  International Service for Human Rights
  DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
  Center for Reproductive Rights
  Franciscans International
  The Syrian Legal Development Programme
  Egyptian Front for Human Rights (EFHR)
  CIVICUS: World Alliance for Citizen Participation
  International Movement Against All Forms of Discrimination and Racism (IMADR)
  International Lesbian and Gay Association (ILGA World)
  Centro de Estudios Legales y Sociales (CELS)
  Asian Forum for Human Rights and Development (FORUM-ASIA)
  Commonwealth Human Rights Initiative (CHRI)
  ARTICLE 19
  International Federation for Human Rights (FIDH)
  Cairo Institute for Human Rights Studies (CIHRS)
  IFEX
  Association for Progressive Communications
  International Commission of Jurists (ICJ)
  Amnesty International

   

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  Current council members:

  Afghanistan, Angola, Argentina, Armenia, Australia, Austria, Bahamas, Bahrain, Bangladesh, Bulgaria, Burkina Faso, Brazil, Cameroon, Chile, Czech Republic, Democratic Republic of the Congo, Denmark, Eritrea, Fiji, Germany, India, Indonesia, Italy, Japan, 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

  OPEN	NARROWED	OBSTRUCTED	REPRESSED	CLOSED

   

• Solidarity protests with Palestinian people banned in at least 12 EU countries

  Protests banned on grounds of protecting ‘public order’ and ‘security’

  • Authorities have resorted to excessive force in multiple countries, including the use of pepper spray, kettling and the deployment of police dogs
  • Palestinian flags and scarves also widely banned
  • European and international NGOs urge the Commission to act on restrictions

  The European Civic Forum, Civil Liberties Union for Europe, CIVICUS, European Network Against Racism and Solidar are calling on the European Commission to address at the highest political level the unlawful restrictions on the right to freedom of peaceful assembly and expression imposed by member states since the dramatic escalation of violence in Israel and Palestine last year.

  A new analysis, published by the European Civic Forum, shows that European governments have repeatedly cracked down on individuals and organisations expressing solidarity with the Palestinian people in marches, demonstrations and cultural activities.

  Six months on from 7 October, people in Europe have continued to take to the streets to peacefully protest against the violence, to show solidarity with the victims and to call for the respect of human rights and international law.

  These protests are unfolding amid an increase in hate speech and hate crimes targeting both Jewish and Muslim communities in Europe. Palestinians, people of Arab descent, and Muslim people (and those perceived as such) have been disproportionately affected by these restrictions, with racial profiling sometimes being used as justification. With tensions and polarisation in society rising, it is all the more important that authorities act responsibly and ensure that everyone’s rights are respected and that people are allowed to protest freely and peacefully.

  An alarming pattern of restrictions

  In at least 12 EU member states, authorities have taken disproportionate measures, including the pre-emptive banning of protests based on apparent risk to “public order” and “security”.  Such cases have been documented in Austria, Bulgaria, Czech Republic, Estonia, Finland, France, Germany, Hungary, Italy, Latvia, Poland and Sweden. In several member states, the courts have overturned protest bans.

  The crackdown has also included the use of excessive force in at least seven member states, including pepper spray, deployment of police dogs, physical aggression, and kettling tactics, perpetuating a climate of fear and intimidation and violating international human rights standards.

  Case studies from Italy and Germany reveal some of the disproportionate measures taken by authorities to quell protests supporting Palestine. In Milan, Italian police used batons to disperse pro-Palestine demonstrators who gathered despite an official ban on protests on International Holocaust Remembrance Day on 27 January. Other incidents of excessive force have been recorded in Austria, Belgium, France, Greece and the Netherlands.

  Restrictions on freedom of expression have also been imposed, targeting symbols associated with Palestine. The Palestinian flag and wearing the Keffiyeh, along with other symbols indicating support for Palestine, have reportedly been banned in countries such as Germany, Italy, and Spain, further limiting the ability of individuals to express solidarity.

  Several member states, including Austria, Germany and France have conflated legitimate criticism of Israeli authorities with antisemitism and silenced the voice of Palestinian and Jewish activists, for example by cancelling events. In Germany alone, 139 cases of cultural repressions (October 7th- January 31st) were documented, including instances where access to venues was withdrawn or events were cancelled, smear campaigns, and threats of defunding were made for expressing views on Palestine.

  Restrictions have been documented in the UK,[1] where the government has repeatedly smeared protesters and put pressure on the police to further restrict protests. Recently, the home secretary James Cleverly  proposed to further limit protest rights by increasing the minimum notice period of six days to support police with large-scale protests. Last year, then-home secretary Suella Braverman wrote to police chiefs, encouraging them to “consider” whether using the chant “From the river to the sea, Palestine will be free” could be considered a racially aggravated offence. In addition, she labelled the demonstrations in solidarity with Palestinians as “hate marches”. More recently, Prime Minister Rishi Sunak, delivered an address in which he appeared to echo Braverman’s sentiments, later summoning police chiefs to Downing Street to criticise their handling of protests.

  “In the context of the ruling of the International Court of Justice (ICJ) on the plausibility of genocide and the new tragic developments on the ground in Gaza and across Israel/Palestine, people continue to protest and to urgently call for accountability and justice.

  “However, our monitoring shows that rather than listening to the people, European governments are repeatedly opting to limit civic space and to silence individuals and organisations expressing solidarity with the Palestinian people,” said Aarti Narsee, Senior Policy and Advocacy Officer at the European Civic Forum.

  In light of our monitoring, we strongly urge European governments to adhere to their international legal obligations and safeguard the rights to peaceful assembly and freedom of expression. It is imperative that authorities refrain from resorting to excessive force and instead prioritise the preservation of democratic principles and space.

  We call on the European Commission to address these restrictions on peaceful assembly and expression in the Annual Rule of Law Cycle and make recommendations to member states to respect the right to peaceful assembly at all times, as per international law.

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  You can read the full analysis here.[2]

  [1] These examples do not appear in the full analysis, which focuses on EU member states.

  [2] This analysis forms part of the European Civic Forum’s submission to the European Commission’s Rule of Law consultation.

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  Signatories:
  CIVICUS
  Civil Liberties Union for Europe
  European Civic Forum
  European Network Against Racism
  Solidar