United Nations Human Rights Council
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Advocacy priorities at 47th Session of UN Human Rights Council
The 47th Session is set to run from 21 June to 15 July, and will cover a number of critical thematic and country issues. Like all Sessions held over the course of the pandemic, it will present challenges and opportunities for civil society engagement. CIVICUS encourages States to continue to raise the importance of civil society participation, which makes the Human Rights Council stronger, more informed and more effective.
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Burundi: Extend the Special Rapporteur’s mandate
Ahead of the 51st session of the UN Human Rights Council (12 September-7 October 2022), CIVICUS joins over 50 civil society organisations in calling the Permanent Representatives of Member and Observer States of the United Nations Human Rights Council to renew the mandate of the UN Special Rapporteur on Burundi.
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China: Impunity persists for attacks against human rights
🇨🇳#China: Impunity persists for attacks against human rights. Violations across #Uyghur & #Tibetan regions, as well as #HongKong have become increasingly severe.
— CIVICUS (@CIVICUSalliance) June 29, 2021
Civil society speaks out at #HRC47 on the need for the #UN to respond: https://t.co/xDWiB0Nfnb pic.twitter.com/ymUZ6RsYoXStatement at 47th session of the UN Human Rights Council
Delivered by Sarah M Brooks, The International Service for Human Rights
Madame High Commissioner,
As you must be aware, the human rights situation in China remains dire. Major research reports published in the last two months independently reach the same conclusion: the Chinese government is committing crimes against humanity against its Turkic Muslim population. The international community, this Council, and your Office cannot remain silent.
We request that you urgently strengthen monitoring and initiate public reporting on the human rights situation across China.
This is essential to providing objective, independent and concrete information to all stakeholders, and to seeking constructive solutions to protect vulnerable populations from further abuse.
In your last update to this Council, you pointed to the curtailment of fundamental rights and freedoms in the name of national security, especially targeting Uyghurs and Tibetans; restrictions on free speech and detentions linked to the Covid-19 response; the investigation of protesters in Hong Kong; and arbitrary arrest,and unfair trials of lawyers, journalists and defenders.
In the months since, little has changed. More is needed.
We acknowledge your call for unfettered access to ‘all regions of China’. We emphasise that access is not a prerequisite for accountability. Ongoing negotiations should not delay urgently needed action.
Human rights violations across China, Uyghur and Tibetan regions, as well as Hong Kong have become increasingly severe over the last years, even while Chinese authorities have consistently denied meaningful cooperation. We are here as allies, but the victims and communities urgently need you, your Office, and the UN as a whole to respond.
Thank you.
Civic space in China is currently rated as Closed by the CIVICUS Monitor.
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CIVICUS UN Universal Periodic Review submissions on civil society space in Benin, Guatemala, Pakistan, Peru, Sri Lanka and Zambia
The United Nations Human Rights Council's Universal Periodic Review (UPR) is a unique process which involves a review of the human rights records of all 193 UN Member States once every 4.5 years.
CIVICUS and its partners have submitted UN Universal Periodic Review (UPR) submissions on six countries in advance of the 42nd UPR session in January-February 2023. 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 3rd UPR cycle over 4 years ago and provide a number of targeted follow-up recommendations.
Benin - See consolidated report | See full versions in English and French – The submission by the Coalition des Défenseurs des Droits Humains-Benin (CDDH-Bénin), West African Human Rights Defenders Network (WAHRDN/ROADDH), the Réseau des Femmes Leaders pour le Développement (RFLD) and CIVICUS, highlights the adoption of restrictive legislation, particularly the Criminal Code and the Digital Code, with its provisions being used against human rights defenders (HRDs) and journalists. Additionally, the submission also draws attention to the increasing restrictions and violations of the freedom of peaceful assembly, which includes blanket bans on protests, the militarisation of law enforcement and the use of excessive force, including live ammunition, against protesters, along with increasing legal restrictions to the right to protest.
Guatemala - See consolidated report | See full versions in English | Spanish –CIVICUS, REDLAD and Accíon Ciudadania detail the use of extreme violence against HRDs and journalists, aggravated by the continued criminalisation and stigmatisation they face from authorities and non-state actors. In this submission, we also express our concern on the adoption of a restrictive legislative framework which could significantly impact on the work of civil society in Guatemala, in a context where the work of CSOs is already vulnerable to obstruction through abusive judicial and administrative proceedings.
Pakistan - See consolidated report | See full version in English –In this submission, CIVICUS and Asian Legal Resource Centre (ALRC) report, among other issues, the legal and extra-legal barriers imposed on civil society organisations (CSOs) registration and operations in Pakistan, the criminalisation, threats and harassment of human rights defenders and the failure to hold perpetrators to account. It also highlights the alarming efforts to intimidate and censor journalists and media outlets, the criminalisation of online expression and restrictions and attacks on peaceful protests, especially by ethnic Pashtun minorities and women’s rights activists.
Peru- See consolidated report | See full versions in English and Spanish –CIVICUS and Asociación Pro Derechos Humanos (APRODEH) underline the pervasive violence against HRDs, civil society groups and protesters, who continue to face attacks harassment stigmatisation and killings. State and non-state actors, despite the newly adopted protection mechanisms, have been able to escalate attacks with impunity. The submission further reports cases of judicial harassment against journalists and the gradual reduction of the space for a free and independent press.
Sri Lanka - See consolidated report | See full version in English –In this joint submission, CIVICUS and the Asian Human Rights Commission (AHRC) denounce the ongoing use of excessive force against HRDs and protesters and restrictive laws to limit civic space and fundamental freedoms. Between 2017 and 2022, we observed alarming trends of a government crackdown on protests, arbitrary detention against activists and violations of the freedoms of opinion and expression. The submission further reports the alarming and continuous judicial persecution, harassment and intimidation of HRDs, journalists, student protesters and others expressing dissenting opinions against the government.
Zambia - See consolidated report | See full version in English – CIVICUS and Governance, Elections, Advocacy, Research Services Initiative Zambia (GEARS Initiative) report acts of intimidation and attacks on citizens, HRDs, CSOs and journalists in the period leading up to and during the presidential and parliamentary elections in August 2021. The submission also documents the continued use of excessive force by security forces in response to protests. We are moreover particularly worried by the restrictive legal framework, which undermines the freedoms of association, assembly and expression.
Civic space in Guatemala, Peru, Sri Lanka and Zambia is rated Obstructed, whereas Benin and Pakistan’s is rated as Repressed by the CIVICUS Monitor.
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CIVICUS' UN Universal Periodic Review submissions on civil society space in the United Arab Emirates (UAE) & Burundi
The United Nations Human Rights Council's Universal Periodic Review is a unique process which involves a review of the human rights records of all 193 UN Member States once every 4.5 years.
CIVICUS and its partners have submitted UN Universal Periodic Review (UPR) submissions on two countries in advance of the 43rd UPR session in April-May 2023. 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 3rd UPR cycle over 4 years ago and provide a number of targeted follow-up recommendations.
United Arab Emirates - See consolidated report | See full version in English –The submission by CIVICUS, Emirates Detainees Advocacy Centre (EDAC), Gulf Centre for Human Rights (GCHR) and the World Organisation Against Torture (OMCT) highlights concerns over the increasing barriers against civil society organisations (CSOs) operating independently in the UAE and the persistent targeting of civil society organisations (CSOs). The UAE authorities have created a hostile environment for CSOs and denied labour unions the right to operate and advocate for the rights of workers. The report also documents the use of security-related legislation to persecute human rights defenders (HRDs), academics, journalists and bloggers, who have been subjected to harsh prison conditions and kept in detention beyond their sentences.
Burundi - See consolidated report | See full version in English –In this submission, CIVICUS, Defend Defenders, Ligue Iteka and Association Burundaise pour la Protection des Droits Humains et des Personnes Détenues (APRODH) report the persistent human rights violations and abuses in Burundi, including extrajudicial killings, enforced disappearances, torture and arbitrary arrests, as well as severe restrictions on civil and political rights and widespread impunity. The submission further highlights the targeting of CSOs and HRDs through restrictive laws and practices, and judicial harassment in the form of fabricated cases and unfair trials.
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Global civil society alliance urges Human Rights Council members to support debate on Uyghur abuses report
Global civil society alliance, CIVICUS is urging UN Human Rights Council member states to do the right thing by voting in support of a resolution to debate the human rights situation in the Xinjiang Uyghur Autonomous Region (XUAR). The vote is expected to take place this week.
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Human Rights Council adopts resolution to ensure scrutiny on Tigray
CIVICUS welcomes a new Human Rights Council resolution which ensures Council scrutiny on the Tigray region of Ethiopia. This resolution is a vital step towards preventing further human rights violations and abuses in Tigray and furthering accountability.
Since Prime Minister Ahmed Abiy came to power in April 2018, his initially much-lauded domestic reforms have been severely undermined by ethnic and religious conflicts that have left thousands dead. Conflict broke out in the Tigray region in November 2020 between the Ethiopian army and the leading party in the Tigray region, the Tigray People’s Liberation Front (TPLF). Since then, an overwhelming number of reports have emerged of abuses and violations of international humanitarian and human rights law, including a surge in sexual violence and assault, massacres of civilians, and reports of ethnic cleansing. There have been widespread arrests of and attacks against journalists covering the conflict. Ethiopia is currently on the CIVICUS Monitor's Watchlist.
On 25 March 2021, the Office of the UN High Commissioner for Human Rights (OHCHR) and the Ethiopian Human Rights Commission (EHRC) announced a joint investigation into violations and abuses. The resolution adopted today ensures that the High Commissioner can update the Council on the situation of human rights in the Tigray region and on progress made in the context of the joint investigation during debates to be held in its next two sessions.
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Human rights groups call for Special UN Session on Iran amid protests
We are writing to raise our deep concerns about the Iranian authorities' mobilization of their well honed machinery of repression to ruthlessly crackdown on current nationwide protests.
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Joint NGO statement: key takeaways from the 50th Session of the UN Human Rights Council
Joint NGO[1] statement from the end of the 50th Session of the United Nations' Human Rights Council
We welcome the resolution on discrimination against women and girlswhich focused on girls’ activism. This strong text regrettably faced a series of amendments which challenged the very notion of children, especially of girls and adolescents as rights holders, and sought to deny women and girls their agency. The amendments are a continuation of a trend of hostile arguments and rhetoric on issues of gender, autonomy of women and girls and participation, which is coalescing and increasing in an alarming fashion. We are deeply concerned by the coordinated and targeted attacks against the rights of women, girls, LGBTIQ+ people and marginalized communities which aim at undermining sexual and reproductive rights and the right to bodily autonomy. We are also concerned by recurrent attacks against children’s rights, which specifically question their right to participate and express their views freely and their rights as human rights defenders. We urge this Council to abide by its mandate to uphold the strongest human rights standards for all and to resist any retrogression that would have deep and harmful impact on those affected.
We welcome the renewal of the mandate of the Independent Expert on violence and discrimination on the basis of sexual orientation and gender identity for the second time, and the successful opposition of 12 out of 13 hostile amendments presented. 1,256 non-governmental organisations from 149 States and territories in all regions supported a campaign to renew the mandate. This was the first time this Council explicitly condemned legislation that criminalises consensual same-sex conducts and diverse gender identities, and called on States to amend discriminatory legislation and combat violence on the grounds on SOGI. This renewal once again reaffirms this Council’s commitment to combating discrimination and violence on the grounds of SOGI.
We welcome the resolution on freedom of peaceful assembly and association, renewing the mandate of the Special Rapporteur. At a time when civic space urgently needs to be protected and defended, we welcome that the resolution addressed substantive concerns, including access to funding, which is increasingly an existential threat to civil society worldwide.
We welcome that the resolution on peaceful protest reiterates that protests are a fundamental aspect of participation in public affairs, and highlights that people from marginalized communities can be particularly vulnerable to unlawful use of force. We regret that language urging a landmark moratorium on surveillance technology that could be used to violate human rights during protests was lost during negotiations. Hostile amendments calling for obligations to be imposed on protest organisers were overwhelmingly rejected. We now call on states to ensure accountability for excessive use of force which has been all too prevalent in protests worldwide, and urge future resolutions to strengthen this core issue.
We welcome the new resolution on freedom of opinion of expression, which reiterates that this vital right is one of the essential foundations of democratic societies and an important indicator of the level of protection of other human rights and freedoms. We particularly welcome new guidance related to the theme of digital, media and information literacy, which enables the full enjoyment of the right to freedom of expression. However, we strongly encourage the core group to ensure that future iterations of the resolution address core challenges to the right to freedom of expression which have been overlooked, including criminal defamation laws and strategic lawsuits against public participation (SLAPPs).
We welcome the approval of the resolution on the independence and impartiality of the judiciary, jurors and assessors, and the independence of lawyers, its focus on participation of women in the administration of justice, and the enhanced gender approach. This is a timely and crucial focus for this Council.
We welcome the Council’s approval of the resolution on the importance of casualty recording for the promotion and protection of human rights that reaffirms the importance of the right to truth and takes note of key international standards for accountability, such as the updated set of principles for the protection and promotion of human rights through action to combat impunity[1] and the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, and the Minnesota Protocol on the Investigation of Potentially Unlawful Death.
We welcome the resolution on human rights and the regulation of civilian acquisition, possession and use of firearms’ focus on business and human rights - which we hope will contribute to ensuring that States and manufacturers and dealers of firearms undertake participatory, gender-responsive human rights impacts assessments, and ensuring mandatory human rights due diligence (HRDD) requirements for the arms sector based on the UN Guiding Principles on Business and Human Rights. We regret that important notions of patterns of structuraldiscrimination have been reduced to discrimination rooted in negative stereotypes.
We welcome the urgent debate on women and girls in Afghanistanand urge the Council to ensure that it remains accessible and responds adequately to the demands and needs of women human rights defenders from the country. It is imperative that this Council continues to ensure access and engagement of women human rights defenders, women political leaders and survivors and takes all necessary measures to address and ensure accountability for gender apartheid in Afghanistan. While welcoming the resolution, we regret the lack of inclusion of NGO suggestions for more specific investigation and reporting operational language that would have mandated the High Commissioner to look into the specific situation of women and girls in Afghanistan. We strongly encourage that future resolutions regarding the situation address the core issue of accountability, which has been overlooked in resolutions passed by the Council to date.
We welcome the latest resolution on Belarus, which extended the mandate of the Special Rapporteur. Since the previous version of this resolution was passed at HRC47, the human rights situation in Belarus has significantly deteriorated, with all independent human rights organisations in Belarus forcibly liquidated, and many human rights defenders indefinitely detained or imprisoned.
We welcome the extension of the mandate of the Special Rapporteur on Eritrea, who plays an essential role in documenting violations Eritrean authorities commit at home and abroad. We stress the need for the HRC to adopt resolutions that fully reflect the situation in the country and fully describe and condemn violations.
The United Nations Fact-Finding Mission on Libya(FFM) presented their latest report to the UN Human Rights Council only days after protestors in Libya stormed the countries parliament and other government buildings. Their report details gross human rights violations committed by armed groups and government forces throughout the country, including allegations of crimes against humanity and war crimes. Despite these findings the UN Human Rights Council has adopted a resolution drafted by Libya that only allows the investigation to continue for a “final, non-extendable period of nine months.” NGOs have called on states to ensure that UN monitoring is maintained as long as gross human rights violations and abuses continue to be carried out in Libya with impunity. By creating an abbreviated operational time frame and pre-emptively dismissing the possibility of renewing the FFMs mandate - the resolution adopted by this Council sends a dangerous message to armed groups in the country that the international community lacks the will to ensure a sustained and serious accountability process. For these reasons, and in light of recent events in Libya, we urge member states of the Human Rights Council to work to ensure the FFM is preserved or an alternative mechanism is created that will sufficiently respond to the long-standing and urgent need to protect victims and end impunity in Libya beyond March 2023. Failure to do so will only encourage more violence and hamper efforts to ensure a sustainable peace.
We note the approval of the resolution on the situation of human rights of Rohingya Muslims and other minorities in Myanmar. Rohingyas and other minorities in Myanmar continue to be victims of gross human rights violations, including crimes under international law, and it is important their plight remains at the centre of this Council’s attention. We regret however that the resolution fails to recognise the gravity of the situation on the ground and calls for the immediate “voluntary” return of Rohingya to Myanmar despite the complete absence of the conditions for safe, voluntary, dignified and sustainable return in the country, as confirmed by the UN Special Rapporteur on Myanmar.
We welcome the report of the Commission of Inquiry (CoI) which emphasized Israel’ssystematic discrimination, and stressed its strategic geographic, social and political fragmentation of the Palestinian people. The report addressed the lack of accountability and compliance with recommendations made by previous UN bodies, including commissions of inquiry and fact-finding missions, addressing the failure of third States to uphold their obligations under international law. In the interactive dialogue, the CoI responded to the joint statement by the United States of America questioning the validity of the CoI mandate, by exposing the double standards when it comes to holding Israel accountable. Commissioners also reiterated the overwhelming support for the mandate, including during the interactive dialogue. We call on States to continue to support this important accountability mechanism and ensure the CoI has sufficient resources to discharge its mandate.
The outcome on Sudan that was achieved at this session is the best possible outcome that could be achieved by consensus. As the de facto authorities and security forces continue to kill protesters peacefully demanding civilian rule, however, consensus cannot be the Council’s only guide. We stress the need for long-term scrutiny of Sudan, beyond what resolution 50/L.14/Rev.1 has requested. The Council should keep all options on the table to expose and respond to the situation.
We regret that the Council failed to respond to several human rights situations.
In Cameroon, as the crisis in the North-West and South-West regions continues, with violations committed by all sides, including recently unspeakable atrocities committed by armed separatists, and grave violations continue to be reported in the Far North and in the rest of the country, particularly against independent and opposition voices, it is essential for the Council to follow up on its joint statement of March 2019. This is all the more important since both the African Union and the UN Security Council have been silent on what remains one of the most serious human rights crises on the African continent.
We welcome the joint statement by 47 States expressing serious concern at the human rights situation in China, including in the Uyghur region (Xinjiang), Hong Kong and Tibet, and echo the call for the prompt release of the High Commissioner’s long-overdue report on the serious violations in Xinjiang. The High Commissioner, or her successor, should present her report upon release in an intersessional briefing to the Human Rights Council. 42 Special Procedures experts have also reiterated their call for the creation of a UN-mandated mechanism to ‘monitor, analyse and report annually on the human rights situation in China’, underlining the importance for the credibility of the UN system to ‘ensure a consistent UN approach to all States.’ In its September session, the Council should take action on the basis of objective information from the UN system - namely the OHCHR Xinjiang report, Special Procedures concerns, and the upcoming Concluding Observations of the Human Rights Committee’s ongoing review of Hong Kong - with a view to establish a space for formal discussion of the human rights situation in China.
The continued silence of this Council on the critical human rights situation in Egyptis of great concern. As Egypt prepares to host COP 27 it continues to carry out widespread and systematic violations of human rights, including freedom of expression and freedom of assembly and association. Almost all independent media has been forced to shut down or threatened into silence. 100s of websites continue to be banned. Thousands of civil society and media representatives have been and continue to be disappeared, tortured and/or arbitrarily detained under the pretence of counter-terrorism and national security. This includes well known blogger and democracy activist Alaa Abdel Fattah – recently sentenced to an additional 5 years in prison by an exceptional court. His crime? Advocating for democracy and rights. He is currently approaching day 100 of a hunger strike. We urge this Council and its Special Procedures to take action to protect and ensure the release of Mr. Fattah and the thousands of others like him in Egypt.
There have been strong calls from international and Russian civil society for Russia to be on the formal agenda of the Human Rights Council since the beginning of 2021. A recent further intensification of human rights violations in Russia has led to calls for the HRC to mandate a Special Rapporteur on the situation of human rights in the Russian Federation. While the joint statement signed by nearly 50 delegations at HRC50 was important, the situation now demands stronger action and we will be looking for the HRC to take action at the next session.
[1] Signatories: International Service for Human Rights; Asian Forum for Human Rights and Development (FORUM-ASIA); ARTICLE 19; DefendDefenders (East and Horn of Africa Human Rights Defenders Project); CIVICUS: World Alliance for Citizen Participation; Commonwealth Human Rights Initiative (CHRI); International Bar Association’s Human Rights Institute (IBAHRI); The Global Interfaith Network (GIN SSOGIE NPC); World Uyghur Congress; Gulf Centre for Human Rights; Cairo Institute for Human Rights Studies; Child Rights Connect; Access Now; Association for Progressive Communications (APC); IFEX.
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Kyrgyzstan: Joint NGO report for UN Human Rights Committee review
The United Nations Human Rights Committee will review Kyrgyzstan’s human rights record at its upcoming session in Geneva, which starts on 10 October 2022. The Committee will assess Kyrgyzstan’s compliance with the International Covenant on Civil and Political Rights and adopt conclusions and recommendations based on the third periodic report about the implementation of the covenant submitted by Kyrgyzstan’s government, as well as other information, including NGO reports.
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Ongoing violations of fundamental rights require Council’s continued scrutiny
Statement at the 50th Session of the Human Ricghts Council
Interactive Dialogue on High Commssioners report on Venezuela
Delivered by Carlos Correa, Espacio Público
Espacio Público and CIVICUS reiterate the need to continue documentation of the human rights situation in Venezuela. The crisis continues with severe consequences for the most vulnerable people.
Civil liberties violations impact economic and social rights guarantees. Restrictions on freedom and circulation of information seek to prevent legitimate criticism of public administration. Illegal blockades of digital media remain in place in an ecosystem dominated by state-controlled radio and television stations.
A private telephone and internet service provider reported that in 2021 more than 1.5 million lines were tapped. And since 2016, over 1300 websites were blocked. There is a pattern of mass surveillance that violates the right to privacy.
Civil society is at risk and nominal ‘new spaces for dialogue’ have done little to assuage this. The draft International Cooperation bill would restrict CSOs operation and access to funding. Human rights defenders continue to be intimidated, criminalised and arbitrarily detained.
We urge you to maintain scrutiny on Venezuela; extend resolution 45/20 that enables this report, consolidate the presence of the High Commissioner's office in the country, support the renewal of the mandate of the Fact-Finding Mission and any initiative to accompany victims in their quest for justice.
Thank you very much.
Civic space in Venezuela is rated as "Repressed" by the CIVICUS Monitor
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Open appeal to UN Member States to ensure the adoption of a resolution creating an investigative mechanism on Afghanistan at the 48th session of the UN Human Rights Council
We, the undersigned organisations, write to urge UN Member States to ensure the adoption of a robust resolution to establish a Fact-Finding Mission or similar independent investigative mechanism on Afghanistan as a matter of priority at the upcoming 48th regular session of the UN Human Rights Council (HRC).
We express our profound regret at the failure of the recent HRC special session on Afghanistan to deliver a credible response to the escalating human rights crisis gripping the country. The adopted resolution falls far short of the consistent calls of the Afghanistan Independent Human Rights Commission (AIHRC), the UN High Commissioner for Human Rights, Special Procedures and civil society organisations, and does not live up to the mandate of the HRC to effectively address situations of violations of human rights, including gross and systematic violations.
A Fact-Finding Mission, or similar independent investigative mechanism, with a gender-responsive and multi-year mandate and resources to monitor and regularly report on, and to collect evidence of, human rights violations and abuses committed across the country by all parties is a critical component of the broader international response urgently needed to address the escalating human rights and humanitarian crisis in Afghanistan. Such a mechanism is crucial to ensure UN member states are fully informed of the situation on the ground as they take important decisions on how to respond to the crisis, how to help protect the rights and lives of the people of Afghanistan, and how to prevent further crimes. It is crucial to support the brave activists and human rights defenders, particularly women human rights defenders, who have continued their work at significant personal risk and have requested support and solidarity from the international community. It is also crucial as a means of taking one small step to addressing the accountability gap that fuels grave violations and abuses across the country, and to complement and support international and national work on accountability for crimes under international law.
The urgent need for such a mechanism could not have been made clearer throughout the negotiations, and at the opening of the special session. The AIHRC, the High Commissioner for Human Rights, the Special Procedures, the Ambassador of Afghanistan to the United Nations in Geneva, and a broad constellation of national, regional and international civil society organisations, have all made this call clearly and consistently. The High Commissioner for Human Rights stressed that while her Office was ready and willing to update the HRC regularly on the situation, it was critical for the HRC to take “bold and vigorous action, commensurate with the gravity of this crisis, by establishing a dedicated mechanism to closely monitor the evolving human rights situation in Afghanistan, including – in particular – the Taliban's implementation of its promises, with a focus on prevention.” To ignore these consistent appeals, and sit idly by and wait for further crimes to occur to take meaningful action, is an abdication of responsibility by the HRC. The people of Afghanistan are entitled to much better than this.
At the special session, UN Special Procedures recalled that the last 18 months “have been the deadliest civilian casualties recorded in Afghanistan in late history” and also reminded the Council of the fifth report of the UN Secretary General on Children and Armed Conflict in Afghanistan (S/2021/662 16 July 2021) documenting “that child casualties for the first half of 2021 constituted the highest number of children killed and maimed for this period ever recorded by the UN in Afghanistan, a situation compounded in the last few weeks.”
At this crucial moment for the people of Afghanistan, we are convinced that an independent investigative mechanism is the only credible means to address the human rights crisis in the country, advance accountability and deter further abuses. Although some states proposed the creation of a Special Rapporteur as a compromise during the special session, this would not be an adequate or appropriate response to a crisis of this magnitude for a number of reasons, including the lack of resources, limited capacity, and correspondingly narrower scope of such a mandate. We note that the special session resolution itself “stresses the need for transparent and prompt investigation into reports of all violations and abuses of human rights and violations of international humanitarian law, committed by all parties to the conflict, and to hold those responsible to account.” Clearly, the only credible way to give effect to this commitment is to create such a “transparent and prompt investigation.”
We urge all UN Member States, to take urgent action to correct the HRC’s course, by ensuring a robust independent investigative mechanism is put in place when it meets for its 48th regular session in September. As noted by the Chairperson of the AIHRC in her opening address to the HRC, “Afghan activists on the ground, my colleagues on the ground, who face direct threats to their lives and the lives of their families, demand better, while they have everything to lose by putting this ask forward […] Many I speak to in Afghanistan already fear that they may not have a tomorrow. In our worst moment, we call on you to do better.”
LIST OF SIGNATORIES:
- Afghanistan Independent Human Rights Commission
- Amnesty International
- ARTICLE 19
- Asian Forum for Human Rights and Development (FORUM-ASIA)
- Asylum Seeker Resource Centre (ASRC)
- Australian Centre for International Justice
- Australian Human Rights Institute
- AWID (Association for Women's Rights in Development)
- Cairo Institute For Human Rights Studies
- Center for Justice and International Law (CEJIL)
- Centro de Documentación en Derechos Humanos “Segundo Montes Mozo S.J.” (CSMM)
- CIVICUS: World Alliance for Citizen Participation
- Comisión Mexicana de Defensa y Promocion de Derechos Humanos (CMDPDH)
- Committee to Protect Journalists
- Commonwealth Human Rights Initiative (CHRI)
- DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
- DEMAS – Association for Democracy Assistance and Human Rights
- Egyptian Initiative for Personal Rights (EIPR)
- FOKUS Forum for women and development
- Forum Menschenrechte
- Free Press Unlimited
- FRI - Foreningen for kjønns- og seksualitetsmangfold
- Front Line Defenders
- Global Centre for the Responsibility to Protect
- HelpAge International
- Human Rights Now
- Human Rights Watch
- Humanists International
- International Bar Association's Human Rights Institute
- International Center for Transitional Justice (ICTJ)
- International Commission of Jurists
- International Federation for Human Rights (FIDH)
- International Federation on Ageing
- International Fellowship of Reconciliation (IFOR)
- International Movement Against All Forms of Discrimination and Racism (IMADR)
- International Service for Human Rights
- Jacob Blaustein Institute for the Advancement of Human Rights
- La Strada International
- Medical Association for Prevention of War (Australia)
- Minority Rights Group International
- No Peace Without Justice
- Norwegian Helsinki Committee
- Norwegian Humanist Association
- Rafto Foundation for Human Rights
- Right Livelihood
- Scholars at Risk
- The International Rehabilitation Council for Torture Victims (IRCT)
- The Norwegian Human Rights Fund
- Tokyo University of Foreign Studies
- VOICE Australia
- WO=MEN Dutch Gender Platform
- Women’s International League for Peace and Freedom (WILPF)
- Women's Refugee Commission
- World Organisation Against Torture (OMCT)
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Outcomes from the UN Human Rights Council
The 47th Session of the UN Human Rights Council sat from 21 June - 13 July, 2021 and there were a number of critical human rights resolutions up for debate and for the 47 Council members to address. An overview of outcomes and civil society participation in our joint end of session statement with 16 other organisations:
Civil society participation:
We deplore the systemic underfunding of the UN human rights system and the drive for so-called efficiency, including the cancellation of general debates in June, which are a vital part of the agenda by which NGOs can address the Council without restrictions. We call for the reinstatement of general debates at all sessions, with the option of civil society participation through video statements. We welcome the focus of the civil society space resolution on the critical role played by civil society in the COVID-19 response, and the existential threats to civil society engendered or exacerbated by the pandemic. For the resolution to fulfil its goal, States must now take action to address these threats; while we welcome the broad support indicated by a consensus text, this cannot come at the cost of initiatives that will protect and support civil society.
Human rights online:
We welcome a resolution on the promotion, protection and enjoyment of human rights on the Internet and its thematic focus on bridging digital divides, an issue which has become ever-important during the COVID-19 pandemic. We urge all States to implement the resolution by taking concrete measures to enhance Internet accessibility and affordability and by ceasing Internet shutdowns and other disruptions, such as website blocking and filtering and network throttling. In future iterations of the text, we encourage the core group to go further in mentioning concrete examples that could be explored by States in adopting alternative models for expanding accessibility, such as the sharing of infrastructure and community networks. We welcome the resolution on new and emerging digital technologies and human rights, which aims to promote a greater role for human rights in technical standard-setting processes for new and emerging digital technologies, and in the policies of States and businesses. While aspects of the resolution risk perpetuating “technology solutionism”, we welcome that it places a stronger focus on the human rights impacts of new and emerging digital technologies since the previous version of the resolution, such as introducing new language reiterating the importance of respecting and promoting human rights in the conception, design, use, development, further deployment and impact assessments of such technologies.
Gender equality and non-discrimination:
We are concerned by the increasing number of amendments and attempts to weaken the texts. We are particularly concerned by the continued resistance of many States to previously adopted texts and States’ willful misinterpretation of key concepts related in resolutions on human rights in the context of HIV and AIDS, accelerating efforts to eliminate all forms of violence against women and girls: preventing and responding to all forms of violence against women and girls with disabilities and preventable maternal mortality and morbidity and human rights on maternal morbidities. We deplore the instrumentalising of women's rights and sexual and reproductive health and rights. We encourage States to center the rights of people most affected and adopt strong texts on these resolutions. We welcome the resolution on menstrual hygiene management, human rights and gender equality as the first step in addressing deep-rooted stigma and discrimination. We urge all States to address the root causes for the discrimination and stigma on menstruation and its impact
Racial Justice and Equality:
The High Commissioner’s reporthighlighted the long-overdue need to confront legacies of slavery, the transatlantic trade in enslaved Africans and colonialism and to seek reparatory justice. We welcome the historic consensus decision, led by the Africa Group, to adopt a resolution mandating an independent international expert mechanism to address systemic racism and promote racial justice and equality for Africans and people of African descent. The adoption of this resolution is testament to the resilience, bravery and commitment of victims, their families, their representatives and anti-racism defenders globally. We deplore efforts by some Western States, particularly former colonial powers, to weaken the text and urge them to now cooperate fully with the mechanism to dismantle systemic racism, ensure accountability and reparations for past and present gross human rights violations against Black people, end impunity for racialized State violence and address the root causes, especially the legacies of enslavement, colonialism, and the transatlantic trade in enslaved Africans.
Migrants rights:
Whilst we welcome the return of a resolution on human rights of migrants, we deplore the continued failure of the Council to respond meaningfully to the severity and global scale of human rights violations at international borders including connected to pushbacks. International borders are not and must not be treated as places outside of international human rights law. Migrants are not and must not be treated as people outside of international human rights law. Expressions of deep concern in interactive dialogues must be translated into action on independent monitoring and accountability.
Arms transfers and human rights:
We welcome the resolution on the impact of arms transfers on human rights and its focus on children and youth. However, we note with concern the resistance of the Council to meaningfully focus on legal arms transfers beyond those diverted, unregulated or illicitly transferred. The Council should be concerned with all negative human rights impacts of arms transfers, without focusing only on those stemming from diversion and unregulated or illicit trade.
Climate change:
We are disappointed that the resolution on human rights and climate change fails to establish a new Special Rapporteur. However, we welcome the increasing cross regional support for a new mandate. It is a matter of urgent priority for the Council to establish it this year.
Country-specific resolutions
Algeria:While special procedures, the OHCHR and multiple States have recognized the intensifying Algerian authorities’ crackdown on freedom of association and expression, the Council failed to act to protect Algerians striving to advance human rights and democracy.
Belarus:We welcome the renewal of the mandate of the UN Special Rapporteur on Belarus. Given the ongoing human rights crisis in Belarus, the mandate complements the OHCHR Examination in ensuring continuous monitoring of the situation, and the mandate remains an accessible and safe channel for Belarusian civil society to deliver diverse and up-to-date information from within the country.
China:The Council has once again failed to respond meaningfully to grave human rights violations committed by Chinese authorities. We reiterate our call on the High Commissioner and member States to take decisive action toward accountability.
Colombia:We are disappointed that few States made mention of the use of excessive force against protestors in a context of serious human rights violations, including systemic racism, and urge greater resolve in support of the right to freedom of peaceful assembly in the country and globally.
Ethiopia:The resolution on Ethiopia’s Tigray region, albeit modest in its scope and language, ensures much-needed international scrutiny and public discussions on one of Africa’s worst human rights crises. We urge the Ethiopian government to engage ahead of HRC48.
Eritrea:We welcome the extension of the mandate of the Special Rapporteur on Eritrea, as scrutiny for violations committed at home and in Tigray is vital.
Nicaragua:We warmly welcome the joint statement delivered by Canada on behalf of 59 States, on harassment and detention of journalists, human rights defenders, and presidential pre-candidates, urging Nicaragua to engage with the international community and take meaningful steps for free and fair elections. States should closely monitor the implementation of resolution 46/2, and send a strong collective message to Nicaragua at the 48th session of the Council, as the Council should ‘urgently consider all measures within its power’ to strengthen human rights protection in the country.
Palestine:We welcome the Special Rapporteur’s report that “Israeli settlements are the engine of this forever occupation, and amount to a war crime,” emphasizing that settler colonialism infringes on “the right of the indigenous population [...] to be free from racial and ethnic discrimination and apartheid." We also reiterate his recommendation to the High Commissioner “to regularly update the database of businesses involved in settlements, in accordance with Human Rights Council resolution 31/36."
The Philippines:While acknowledging the signing of the Joint Human Rights Programme with the UN OHCHR, the Government of the Philippines fails to address the long-standing issues on law enforcement and accountability institutions, including in the context of war on drugs. We continue to urge the Council to launch the long-overdue independent and transparent investigation on the on-going human rights violations.
Syria:We welcome mounting recognition for the need to establish a mechanism to reveal the fate and whereabouts of the missing in Syria, including by UN member states during the interactive dialogue on Syria, and the adoption of the resolution on Syria addressing the issue of the missing and emphasizing the centrality of victim participation, building on the momentum created by the Syrian Charter for Truth and Justice.
Venezuela: In the context of the recent arbitrary detention of 3 defenders from NGO Fundaredes, we welcome the denunciation by several States of persistent restrictions on civil society and again for visits of Special Rapporteurs to be accepted and accelerated.
The statement is endorsed by: American Civil Liberties Union, Association for Progressive Communications, Cairo Institute for Human Rights Studies, Center for Reproductive Rights, Child Rights Connect, CIVICUS: World Alliance for Citizen Participation, Commonwealth Human Rights Initiative, Conectas Direitos Humanos, Egyptian Initiative for Personal Rights, FIDH, Franciscans International, Human Rights House Foundation, International Bar Association's Human Rights Institute, International Commission of Jurists, International Lesbian and Gay Association, International Service for Human Rights, US Human Rights Network
Current council members:
Argentina, Armenia, Austria, Bahamas, Bahrain, Bangladesh, Bolivia, Brazil, Bulgaria, Burkina Faso, Cameroon, China, Côte d'Ivoire, Cuba, Czech Republic, Denmark, Eritrea, Fiji, France, India, Gabon, Germany, Indonesia, Italy, Japan, Libya, Malawi, Marshall Islands, Mauritania, Mexico, Namibia, Nepal, Netherlands, Pakistan, Philippines, Poland, Republic of Korea, Russia, Senegal, Somalia, Sudan, Togo, Ukraine, United Kingdom, Uruguay, Uzbekistan, Venezuela
Civic space ratings from the CIVICUS Monitor
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Reaction to the UN High Commissioner for Human Rights global update
Statement at the 51st session of the UN Human Rights Council
General Debate on the High Commissioner’s update
Delivered by Lisa Majumdar
Thank you, Mr President, and High Commissioner.
We congratulate Volker Turk on his appointment to High Commissioner. The sheer breadth of countries and issues on the agenda of this session is a reflection of global human rights challenges and emerging crises today.
The invasion of Ukraine and the conflict in Ethiopia which have resulted in grave human rights violations have underscored a key role for the UN in preventing violence and ensuring justice for victims. Recognising and addressing deteriorating situations has never been so important: both through preventive diplomacy, and by taking stronger action towards accountability. Civil society can be an essential partner in these endeavours, and in welcoming the new High Commissioner we look forward to his meaningful engagement with independent civil society and human rights defenders across the world.
A strong and robust civil society is vital for the advancement of human rights, and there are significant opportunities for the advancement of civic space and the protection of civil society at this session. Thematically, the Council can reaffirm the importance of respecting human rights while countering terrorism, and advance norms and standards on the safety of journalists.
On country situations, the Council must take stronger action to address the worsening human rights situation in Afghanistan, particularly for women and girls. The Council must renew its mechanisms on Burundi, Ethiopia and Venezuela, while ensuring continued OHCHR monitoring of the human rights situation in the Philippines and accountability in Sri Lanka. Its credibility depends on its ability to address a robust report on China, and to create a long overdue mechanism on Russia, which has clearly shown that ongoing and unchecked internal repression can have significant global implications.
Now is the time for the new High Commissioner, and this Council, to stand up and resolutely address these challenges.
We thank you.
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Resolution on peaceful protests reaffirms the need to protect the right to protest and strengthen accountability
Resolution on peaceful protests adopted by the 50th Session of the UN Human Rights Council
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Restrictions on civil liberties curtail efforts to build back better
Statement at the 47th Session of the UN Human Rights Council
Delivered by Lisa Majumdar
Thank you, Madame President, and thank you High Commissioner for your report.
With sufficient and shared resources, the pandemic can and will be overcome. However, the ramifications of rollbacks in hard-fought gains in civil and political rights – whether willful or unwilful – could last for generations. Continued restrictions will curtail any chance of building back better. Our collective strength to recover risks being undermined by eroding democratic safeguards, attacking human rights defenders, and stifling people’s ability to participate in public life. Our ability to prevent and respond to future crises is made stronger by – and would be impossible without – civil society participation.
The CIVICUS Monitor found that multiple States used their pandemic response to introduce or implement restrictions on civic freedoms, with far-reaching implications. Authorities in China continued their path of repression, censoring numerous articles and social media posts about the pandemic. Emergency bills drafted by Cambodia, Hungary, Serbia and Botswana granted sweeping powers to the executive and restricted human rights. The pandemic was used as a smokescreen for attacks against protesters and to undermine civil society.
Fundamental freedoms and an independent civil society are not only valuable for their own sake, but form the basis of participatory and effective governance which is essential to tackle global emergencies. To this end, we particularly support the recommendation that human rights monitoring capacity be enhanced to warn early on of potential violations, inform policies and protect human rights. The pandemic is far from over and its human rights implications are still emerging; we urge continued monitoring of and action on this issue by the Council.
Thank you.
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Russian Federation: UN General Assembly should suspend Russia’s membership of the UN Human Rights Council
We, the undersigned civil society organisations, call on Member States of the United Nations to take and support action at the UN General Assembly to suspend the Russian Federation as a member of the UN Human Rights Council.
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Singapore yet to address civic freedom gaps ahead of UN review
Human rights groups CIVICUS and FORUM-ASIA call on UN member states to urge the government of Singapore to protect civic freedoms as its human rights record is examined by the UN Human Rights Council on 12 May 2021 as part of the 38th session of the Universal Periodic Review (UPR).
At the country’s second UPR in April 2016, UN member states made 22 recommendations that directly related to civic space. Singapore subsequently accepted eight recommendations, committing to taking concrete measures to, among others, “ensure that freedom of opinion and expression including for individuals and organizations communicating via online public platforms”, “protect freedom of the press” and ensuring “the full enjoyment of the right to freedom of peaceful assembly.”
In a joint submission to the Human Rights Council this UPR cycle, our organisations assessed implementation of these recommendations and compliance with international human rights law and standards over the last five years. The submission found that since 2016, Singapore has persistently failed to address unwarranted restrictions on civic space, specifically related to the rights to the freedoms of peaceful assembly and expression.
Singapore has yet to ratify the International Covenant on Civil and Political Rights (ICCPR), which imposes obligations on states to respect and protect the freedoms of association, peaceful assembly, and expression. Further, numerous recommendations to establish a national human rights institution have been ignored.
Despite commitments to freedom of expression which are guaranteed in the Constitution, the government has continued to use restrictive laws such as criminal defamation provisions under sections 499 to 502 of the Penal Code to criminalise criticism of the authorities. Civil defamation lawsuits have also been deployed to sue and seek hefty financial compensation in terms of damages from individuals who express dissent.
The 2017 Administration of Justice (Protection) Act, a vaguely worded contempt of court law, has been used to prosecute human rights defenders for criticism of the courts, under the guise of protecting the judicial system. The authorities have also failed to reform laws restricting media freedom and introduced the 2019 Protection from Online Falsehoods and Manipulation Act (POFMA) to harass the political opposition, activists, journalists and civil society.
‘States must take the opportunity of Singapore’s human rights review to hold the government to account for violations. The authorities have not only failed to deliver on the human rights commitments it made, but has continued to use the judicial system to silence dissent and introduced additional laws to restrict freedom of expression,’ said David Kode Advocacy & Campaign Lead at CIVICUS
The 2009 Public Order Act (POA), which aims to regulate assemblies and processions in public places, has been systematically used to restrict peaceful assembly in Singapore. It has been used regularly to harass and investigate activists and critics for no other reason than expressing their views and organising peaceful gatherings, and even towards solo protests. The POA law was further amended in 2017 to stipulate that organisers must apply for a permit at least 28 days in advance of an event and also provided the police commissioner with specific authority to reject any permit application for an assembly “directed towards a political end” if any foreigner is found to be involved. Such restrictions are inconsistent with international law and standards.
‘The right to peacefully protest is an essential part of a democracy, which Singapore claims to be. It is absurd that such acts are consistently disrupted under the guise of public order. This clearly shows the lengths the Singaporean authorities are willing to go to silence dissent and must be reflected in recommendations made during the country’s UPR,’ said Shamini Darshni Kaliemuthu, Executive Director of FORUM-ASIA
As highlighted in our joint submission, CIVICUS and FORUM-ASIA urge states to make recommendations to Singapore which if implemented would guarantee the freedoms of association, peaceful assembly and expression, and the state’s duty to protect.
Key recommendations that should be made include:
- Ensure that human rights defenders are able to carry out their legitimate activities without fear or undue hindrance, obstruction, or legal and administrative harassment.
- Repeal or amend repressive laws including the POA and the 2017 Administration of Justice (Protection) Act, the Sedition Act, in accordance with the ICCPR and the UN Declaration on Human Rights Defenders.
- Reform defamation provisions in the Penal Code, in conformity with Article 19 of the ICCPR, and refrain from abusing civil defamation provisions to curtail the freedoms protected under Article 19.
- Allow unfettered access to online information resources by repealing the POFMA, which criminalises and imposes arbitrary restrictions on the right to the freedom of expression and the right to access information, and adopting a law on accessing information, in line with international human rights standards.
- Amend the Public Order Act 2009 in order to guarantee fully the right to the freedom of peaceful assembly, in line with the ICCPR and other international human rights standards.
- Drop charges or quash convictions against human rights defenders, government critics, journalists and bloggers for exercising their fundamental rights to the freedoms of association, peaceful assembly and expression, and review their cases to prevent further harassment.
- Ratify international human rights treaties in particularly the International Covenant on Civil and Political Rights and ensure its implementation in law and practice.
The examination of Singapore will take place during the 38th Session of the UPR. The UPR is a process, in operation since 2008, which examines the human rights records of all 193 UN Member States every four and a half years. The review is an interactive dialogue between the State delegation and members of the Council and addresses a broad range of human rights topics. Following the review, a report and recommendations are prepared, which is discussed and adopted at the following session of the Human Rights Council.
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States must increase cooperation with the Working Group on Arbitrary Detention & halt the practice of arbitrary & secret detention
Statement at the 51st session of the UN Human Rights Council
Interactive Dialogue with the Working Group on Arbitrary Detention
Delivered by Nicola Paccamiccio
Thank you Mr. President,
CIVICUS welcomes with appreciation the report of the Working Group on Arbitrary Detention, which highlights the widespread use of such unlawful practice.
Arbitrary and secret detention remains a tactic used by many governments to silence dissent and curtail civil society action. The detention of peaceful protesters, human rights defenders and journalists persistently remains one of the most common violations of civic space. It has a chilling effect on a wide range of other fundamental rights and places individuals outside the protection of the law.
Hundreds of people are arbitrarily arrested and held in incommunicado detention. The crime? Standing up for their rights, for a free press, to protect the environment and equality, campaigning for a government that listens, and more.
This is the case, among many others, of Narsin Sotoudeh from Iran, Bacede Mabuza and Mthandeni Dube from Eswatini, Buzurghmehr Yorov from Tajikistan, María Esperanza Sanchez García, Medardo Mairena and Pedro Mena from Nicaragua, Ahmed Mansoor from the United Arab Emirates, Abdul-Hadi al Khawaja from Bahrain, the Viasna Human Rights Defenders from Belarus, Kenia Hernandez from Mexico, Hoda Abdel Moneim from Egypt, Khurram Parvez from India, Kamira Nait Sid from Algeria, Chow Hang-Tung from Hong Kong and Orbert Masaraure from Zimbabwe.
We call upon States to immediately release those already in arbitrary and secret detention and put an end to practices that silence human rights defenders for their work.
We further call upon States to support and adopt the resolution on arbitrary detention this session, and in doing so further protect and support human rights defenders who all too often face this practice.
We thank you.
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The Council must address deteriorating human rights situations before they become crises
Statement at the 51st Session of the UN Human Rights Council
Item 4 General Debate
Delivered by Lisa Majumdar
Thank you, Mr President.
The Council’s prevention mandate is a responsibility to address situations which face becoming human rights crises. One of the warning signs of this is of a serious and rapid decline in the respect for civic space. The CIVICUS Watchlist, published last week, identified a number of countries to take note of in this regard.
Sri Lanka continues to see arbitrary arrests and the use of excessive force by the security forces as part of a crackdown on anti-government protests, as well as attacks on journalists, following its worst economic crisis in decades. We urge the Council to adopt a strong resolution addressing the situation, as well as progressing long-overdue accountability and reconciliation initiatives.
Serious civic space violations have been ongoing in Guatemala as the government moves to undermine the rule of law and reverse anti-corruption efforts of recent years. As Zimbabwe gears up for general elections next year, civic space is under severe attack as the incumbent President, seeks to defend his presidency. In Serbia, the government has attempted to ban LGBTQI+ events and there remain ongoing threats to environmental rights defenders and journalists. In Guinea, the government is becoming increasingly intolerant of dissenting voices, particularly those criticising management of the ongoing political transition.
We call on the Council to use its prevention mandate to address these situations before they deteriorate still further.
In situations where crises are already all too apparent, the Council must respond accordingly. Human rights violations in Russia and those documented by the High Commissioner in China demand the strongest response, and we call on the Council to urgently establish monitoring and reporting mechanisms for these respective human rights situations.
We thank you.
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