The 55^th session of the UN Human Rights Council (HRC) began on 26 February in the context of ongoing and unfolding human rights crises and grave human rights violations and abuses. The session, consisting of six weeks of interactives debates, negotiations and events, as well as a high-level segment, discussed key human rights issues in the international arena. The 55^th session closed on 5 April with 32 resolutions, 2 Decisions and 14 outcomes of the Universal Periodic Review adopted by the Human Rights Council membership.   

Civil society has been instrumental in facilitating dialogue, promoting ideas and negotiating Resolutions for the advancement of fundamental freedoms, and ensuring that voices of civil society and excluded groups are heard. CIVICUS called on the Council to address severe crises and situations of concern across the globe. The Council’s response varied on situations, with Resolutions in line with key civil society asks on certain situations and weak Resolutions or lack thereof on other situations, calling into question States’ willingness to address human rights violations and abuses promptly and effectively.

We particularly welcome the adoption of the Decision on remote participation modalities for hybrid meetings, which formally qualifies civil society participation. In the Decision, the Council requested the General Assembly to consider authorising the Council to continue its practice of using the modalities for remote participation for all its future formal and informal meetings during its sessions. Nevertheless, we regret that civil society representatives faced obstacles to  engaging in discussions, both in person and remotely, during this session. The Council’s mandate, as set out in HRC Resolution 5/1, requires that arrangements be made, and practices observed to ensure ‘the most effective contribution’ of non-governmental organisations (NGOs). We encourage United Nations Office at Geneva (UNOG) and UN Member States to address access issues that may undermine the effectiveness of civil society participation.

KEY OUTCOMES

Thematic Resolutions

The Council adopted several key Resolutions on thematic and country-specific issues. CIVICUS worked towards enhanced protection and promotion civic space in some of the Resolutions below, and towards mainstreaming of civic space related issues.

The Council adopted a Resolution on prevention of genocide with focus on impunity as a major risk factor, as well as on early warnings. We welcome that the Resolution encourages the engagement of civil society in the prevention of genocide, including through advocacy and monitoring, and emphasis on prohibition of starvation of civilians as a method to combat. We also welcome the inclusion of references to the International Court of Justice in regard to the prevention and punishment of the crime of genocide, alongside the International Criminal Court. Nonetheless, we regret that the resolution does not adequately respond to many of the current concerns related to risks of genocide. During the session, the Special Rapporteur on the OPT concluded that the actions of Israel in Gaza meet the legal qualifications of genocide.

We welcome the resolution on countering disinformation, which addresses new issues whilst  rejecting censorship and reaffirming the “essential role” that the right to freedom of expression plays in countering disinformation. We welcome the ‘roadmap’ for the approach to be followed by States which includes combating disinformation through positive measures, including by ensuring a diverse, free and independent media environment, protecting journalists and media workers, and implementing comprehensive right to information laws. The Resolution also mandates the Advisory Committee to produce a new report on disinformation, which could reinforce existing standards on the topic and incorporate key elements and findings of various reports of the Special Rapporteur on freedom of opinion and expression.

A Resolution was adopted on the renewal of the mandate of the Special Rapporteur on the human right to a clean, healthy and sustainable environment, following recognition of this right by the Human Rights Council in its resolution 48/13 of 2021 and the General Assembly Resolution 76/300 of 2022. In line with other civil society organisations (CSOs) and several States, CIVICUS calls on the Special Rapporteur to pay further attention to the protection of environmental defenders. For the first time ever, the Council appointed a woman from the Global South to fulfill this mandate.

Similarly, we welcome the nomination of a new Special Rapporteur on the promotion and protection of human rights in the context of climate change. We encourage further linkages and complementarities to be created with the mandate of the Special Rapporteur on Environmental Defenders under the Aarhus Convention, whose meeting of the Parties adopted by consensus Decision VII/9 establishing a rapid response mechanism in the form of a Special Rapporteur to deal with cases related to article 3 (8) of the Convention. We also urge the realisation of joint consultations involving the three Special Rapporteurs with a focus on the development, implementation and possible strategies for the protection of environmental human rights defenders, who are individuals, activists, journalists, communities, citizens' associations, NGOs, CSOs and others seeking to protect the right to live in an environment adequate to their health and well-being. Across geographies, many of them are experiencing persecution, intimidation, harassment and reprisals for their work

We warmly welcome the appointment of the new Special Rapporteur on the right to freedom of peaceful assembly and association, Ms. Gina Romero. We also welcome the extension of the mandate of the Special Rapporteur on the right to privacy as well as the appointment of other mandate holders, including members of the Expert Mechanism on the Rights of Indigenous Peoples, Independent Expert on the promotion of a democratic and equitable international order, and Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence.

Country-specific Resolutions

Country situations that were not addressed

While the Council’s adoption of these Resolutions will be crucial in fulfilling the HRC’s mandate and credibility, we regretfully have witnessed failure to act on number of concerning situations during this session. 

CIVICUS regrets that the Council has remained silent on India despite the clear early warning signs of further deterioration that necessitate preventive action by the Council. Similarly, we regret that the Council did not take any action on the Philippines, which is long overdue in light of the deteriorating civic space conditions. A joint statement urged the adoption of a Resolution mandating the High Commissioner to undertake a comprehensive evaluation of the UN Joint Program on Human Rights (UNJP).

We also regret that other situations of concern throughout the Middle East and North Africa where civil society is subjected to wide-spread human rights violations intended to clamp down on fundamental freedom and eradicate independent civil society were not addressed. Similarly, we regret that no Resolution on Georgia was adopted at this Council session. 

Other concerns

Human rights defenders, journalists and activists continue to be arbitrarily detained across the globe. Those arbitrarily detained must be immediately and unconditionally released. CIVICUS’s Stand As My Witness Campaign highlights particular cases of arbitrary detention, underscoring the urgent need for a concrete action plan to prevent and put an end to arbitrary arrest and detention on the international level. CIVICUS continues to draw attention to specific cases in its thematic and country-focussed statements at the Human Rights Council. In this Council session, we highlighted specific cases of arbitrary detention in DRC and Venezuela, and highlighted widespread use of arbitrary detention in the Occupied Palestinian Territories (OPTs).

Events

CIVICUS facilitated and joined a number of events organised by partners and fellow civil society organisations throughout the session.

Shaping the Future - Youth activists breaking barriers

In the context of the Council session CIVICUS contributed to a pre-session event organised with Right Livelihood and other civil society organisations focussing on young human rights defenders: ‘Shaping the future - Young activists breaking down barriers'. The discussion focused on the challenges faced by young human rights defenders, including online attacks, age restrictions, and limited funding, and featured panelists such as UN Special Rapporteur on the Situation of Human Rights Defenders, Ms. Mary Lawlor, and Right Livelihood Laureates. CIVICUS emphasises the need for better protection and support for youth activists globally and advocates for a Resolution on youth participation in decision-making and elections to address these challenges.

The role of defenders in fostering accountability for atrocity crimes

In times of escalating conflicts driven by repression and human rights abuses, upholding human rights and ensuring accountability for violations is crucial for resolving crises. Moreover, resolving conflicts necessitates prioritising human rights and consistently applying international laws and standards, as selective enforcement undermines the global human rights system. CIVICUS co-sponsored an event on accountability for atrocity crimes at the Human Rights Council, highlighting cases studies, including Myanmar and OPTs, and the vital role of defenders in mobilising stakeholders to take effective measures against impunity and ensure accountability.

Shaping Asia's human rights future with youth human rights defenders

Human Rights Defenders (HRDs) are pivotal in advancing and protecting human rights across Asia. They face, however, considerable risks and attacks by both state and non-state actors ranging from arbitrary arrest and detention to judicial harassment, intimidation, threats, and physical violence. In response to these dynamics, the side event ‘Shaping Asia’s Human Rights Future with Youth Human Rights Defenders’ served as an opportunity to reflect on the situation of HRDs in Asia, highlighting key trends, emblematic cases of attacks against them, and the unique challenges they face in light of the latest development in the region, with a specific focus on youth HRDs and those working in crisis-affected areas.

Human Rights In Azerbaijan ahead of UNFCCC COP29

In light of the upcoming 2024 UN Climate Change Conference (COP 29) to be held in November in Baku, Azerbaijan, and its focus on environmental sustainability, it is imperative to shed light on the human rights violations occurring in Azerbaijan, particularly in relation to the exploitation of oil and gas resources. This side event organised by the Institute for Human Rights, the Institute for Reporters’ Freedom and Safety and CIVICUS discussed the suppression of environmental activism in Azerbaijan and aimed to foster a nuanced understanding of the interplay between governance, economic factors, and human rights in Azerbaijan. 

Human rights situation in the MENA region: efforts during the current humanitarian and security crises

During the Council session CIVICUS contributed to an event organised by Jssor Youth Organization on the ‘Human Rights situation in the MENA Region: Efforts during the current humanitarian and security crises’. The event discussed various examples of national peacebuilding programs in the area and provided an important opportunity for national and international organisations, civil society activists and government representatives to identify gaps and challenges and propose recommendations and suggestions that would contribute to strengthening the human rights and peacebuilding process in the area.

Human rights in the Philippines: Accountability for continuing and past extrajudicial killings, enforced disappearances, and abductions

The UN Human Rights Council responded to the deteriorating human rights situation in the Philippines with various Resolutions in 2019 and 2020. Resolution 51/58 acknowledged the UNJP addressing drug control and accountability. Despite disappointing results, including few convictions in extrajudicial killings cases, the UNJP continues as a vital platform for civil society engagement. While violations persist a side event was organised in the margins of the Council session by partners of Franciscans International, including CIVICUS. This event aimed to provide updates and amplify the voices of civil society and UN Human Rights Experts on accountability for human rights abuses in the Philippines.

Statement delivered at the UN Human Rights Council's 55^th session

Interactive Dialogue with the High Commissioner on the Democratic Republic of Congo

Delivered by Sigrid Lipott

While we laud the promulgation of the law on the protection and responsibility of HRDs, concerns persist on ongoing violations against HRDs, notably intimidation and arbitrary arrests of defenders. On the 3rd February, security officers arrested four activists during a protest in Kinshasa.

While the newly adopted Press Law presents many advancements in terms of guaranteeing press freedom, it also continues to provide opportunities to criminally prosecute journalists, including for sharing “false news”. Authorities have also continued to subject journalists to arbitrary arrests and judicial harassment. In March, renowned journalist Stanis Bujakera Tshiamala was sentenced to six months in prison, despite civil society and media investigations clearly demonstrate that claims by the prosecution lacks evidence and consistency.

Meanwhile, in eastern DRC civic freedoms have been curtailed and regularly violated. Local authorities have used the State of Siege to crack down on dissent, including through arbitrary arrest and prosecution, before military courts, of civil society activists.

We call on authorities to review all restrictive laws and provisions, to decriminalise all press offences, and as a matter of urgency ensure the protection of human rights defenders and journalists.

We call on the Council to maintain critical ongoing efforts towards accountability. We further ask the High Commissioner how members and observers of this Council can best support those on the ground to prevent further civic space violations.

At the 55th Session of the Human Rights Council, Article 19 delivered a joint intervention on behalf of CIVICUS and a group of organisations, expressing our concerns about the increasing hatred against individuals based on their religion or belief worldwide.

Thank you, Mr. President. ARTICLE 19 makes this joint statement on behalf of a group of organisations.

We are dismayed over the rise of hatred against persons on the basis of their religion or belief worldwide. This intimidates religious and belief minorities into silence and can create environments conducive to violence. While we recognise that the desecration of holy books may be considered as deeply disrespectful and offensive by many, we are also concerned about how such incidents are instrumentalised globally to restrict the right to freedom of opinion and expression and freedom of religion or belief. It is clearer than ever that more must be done to tackle the root causes of religious hatred, in line with international human rights law.

We believe that the international human rights framework already provides a clear pathway to addressing religious hatred. Resolution 16/18 is commendable not only as a testament to our ability to find consensual solutions to universal problems, but for ultimately striking the right response. At its heart, Resolution 16/18 recognises that open space for dialogue, debate, and dissent, including on topics that are controversial, is fundamental to challenging the deep-seated prejudices that drive hate in societies. The Rabat Plan of Action is an important companion to Resolution 16/18, setting out clear guidance on the exceptional circumstances in which States should prohibit advocacy of hatred that constitutes incitement to hostility, discrimination or violence.

The desecration of holy books must not be used to justify the introduction of prohibitions on blasphemy or so-called “defamation of religions”. These prohibitions, on their face and in their application, violate the right to freedom of opinion and expression, as well as freedom of religion or belief. They fuel division and religious intolerance by shutting down interfaith dialogue, and can also facilitate and legitimise appalling human rights violations against religious and belief minorities.

The restriction of the right to freedom of expression, in isolation, is ineffective in combating religious hatred, and the effective protection and social inclusion of groups at-risk of discrimination and violence requires broader and positive policy measures. This includes the enactment of comprehensive anti-discrimination legislation and other policies that tackle systemic discrimination against religious and belief minorities, while also ensuring authorities firmly condemn episodes of religious intolerance and help de-escalate tensions.

Instead, what is needed is for all States and other stakeholders to reaffirm their commitment to the implementation of Resolution 16/18 and the Rabat Plan of Action, including through the reinvigoration of the Istanbul Process. Any change to the international human rights framework and the opening up of old divisive debates will only prevent us from uniting against religious hate.

Thank you, Mr. President.

Signed by:

• ARTICLE 19
• Cairo Institute for Human Rights Studies
• CIVICUS
• CSW (Christian Solidarity Worldwide)
• DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
• Humanists International
• International Bar Association's Human Rights Institute (IBAHRI)

Statement at the 55th Session of the UN Human Rights Council

General Debate Item 2

Delivered by Sigrid Lipott

Thank you Mr President,

CIVICUS is convinced that the Council should play a more assertive role in preventing rather than reacting to human rights crises, and the rapid deterioration of civic space is the first early warning sign on which the Council should act.

Civic freedoms in Kyrgyzstan are deteriorating rapidly, with two concerning laws being debated in Parliament: a so-called ‘foreign agent’ law targeting foreign-funded civil society organisations and a restrictive new media law. They threaten to further undermine free expression in the country, where independent media has recently come under attack. Following police raids on two prominent outlets, eleven journalists have been held in custody on spurious charges.

In Pakistan, in the aftermath of the general elections, authorities warned of crackdown on any protest. In recent months, there have been severe restrictions and arrests of the opposition ahead of the elections, in particular of the PTI party, amid a total blackout of PTI on national media and internet disruption around their online activities. Crackdown on protesters including on Baloch and Pashtun activists seeking justice and accountability is an alarming trend, while activists and journalists have continued to face judicial harassment.

In Sri Lanka, civic space continues to be under severe attack. In recent months there have been continued reports of excessive force, intimidation and restrictions against protesters. In violation of international guidelines, Sri Lankan security forces continue to use tear gas to suppress peaceful protests. The new version of the Anti-Terrorism Bill falls short of international law standards as it continues to use an overbroad definition of terrorism. There are also concerns around new Online Safety law that could be used to stifle freedom of expression.

We call on the Council to address these worsening situations and prevent further deterioration and crisis. 

We thank you.

CIVICUS and other organistions including ForumAsia, DefendDefenders and Artcicle 19 have submitted a joint statement expressing their support for and appeal for a regular technical rollover of the upcoming resolution on "combating intolerance, negative stereotyping, and stigmatisation of, and discrimination, incitement to violence, and violence against, persons based on religion or belief." This resolution, viewed as a renewal of Resolution 16/18, is scheduled for discussion at the 55th Session of the Human Rights Council. The session is considered an opportunity to encourage all States to reaffirm their commitment to implementing Resolution 16/18 and the Rabat Plan of Action, including through the reinvigoration of the Istanbul Process.

^{Human Rights Council in Geneva. Credit: UN Photo / Jean-Marc Ferré. License: CC BY-NC-ND 2.0 DEED}

A statement calling on the United Nations to appoint a special rapporteur on democracy has been signed by more than 80 civil society organizations, networks, think tanks and institutions, as well as numerous individuals from across the world united by their commitment to human rights and democracy.

According to the document, which was released on 20 November 2023 and is endorsed by CIVICUS, “democracy is threatened and authoritarianism is on the rise”. In this situation, the UN “needs to do more to strengthen human rights and democracy”, the statement says. The new rapporteur position would be created by the UN’s Human Rights Council in Geneva and “mandated to investigate the state of democracy around the world.”

“A robust and healthy civic space forms the cornerstone of accountable and responsive democratic governance. Democracy cannot exist without the protection and promotion of civic space, and a democratic society offers the best conditions for guaranteeing an enabling environment. The mandate of a UN rapporteur on democracy is key to ensuring that civil society and civic space remain at the heart of democracy”, said Sigrid Lipott, UN Advisor in Geneva of CIVICUS: World Alliance for Citizen Participation.

The statement points out that the new mandate can be based on UN resolutions that identify and support democratic principles. This includes the “central democratic principle” that “public authority must derive from the will of the people” which is expressed in Article 21 of the Universal Declaration of Human Rights.

According to the document, the proposed UN Special Rapporteur on Democracy, assisted by an independent advisory board, would “examine challenges and opportunities related to the realization of democracy”. This would include, among other things, looking into “constitutional and institutional arrangements such as checks and balances; effectiveness of parliaments; free, fair and competitive elections and election environments; political participation including of minorities and women; direct and deliberative mechanisms; as well as civic space and freedoms.”

The new mandate would “go beyond and complement” existing ones operating under the Human Rights Council. The statement asks “all governments that are committed to democracy” to support its establishment.

The joint appeal is made ahead of the 75th anniversary of the Universal Declaration of Human Rights that is coming up on 10 December 2023. Like-minded organizations, policy-makers and individuals are invited to sign on.

Groups that endorsed the appeal include: ASEAN Parliamentarians for Human Rights, Asia Democracy Network, Citizens for Global Solutions, Counterpart International, Democracy International, Democracy Without Borders, European Partnership for Democracy, Forum 2000, Integrity Initiatives International, Open Society Foundations, Parliamentarians for Global Action, PEN America, Red Latinoamericana y del Caribe por la Democracia, Society for Threatened Peoples, The Carter Center, The May 18 Foundation and Varieties of Democracy (V-Dem)].

In addition to representatives of the endorsing organizations, the list of initial supporters includes over 100 individuals, among them numerous human rights and democracy defenders and scholars as well as more than 25 parliamentarians from across the world.

In an individual capacity Thomas Garrett, Secretary-General of the Community of Democracies and Kevin Casas-Zamora, Secretary-General of The International Institute for Democracy and Electoral Assistance (International IDEA), declared their support of the statement. Their organizations are intergovernmental with 30 and 34 member states respectively, some of which are current members of the Human Rights Council. Both organizations work closely with civil society.

“Democracy is a human right and human rights depend on democracy. The UN can no longer look the other way while this right is being denied, undermined and weakened in many countries around the world. A UN rapporteur on democracy is urgently needed”, said Andreas Bummel, Executive Director, Democracy Without Borders.

For more information contact:

Statement at the 54th Session of the UN Human Rights Council 

Item 10 General Debate

Delivered by Róisín Dunbar 

CIVICUS regrets that despite the technical assistance provided, lack of commitment to civic space by States continues to hinder full enjoyment of human rights. 

In Cambodia, laws are routinely misused to criminalise activists, suppress civil society and restrict protests. The restrictive environment in which the July 2023 elections took place is emblematic of the rapidly shrinking civic space in Cambodia. We urge the government to release all detained activists and respect and protect fundamental freedoms. 

In Georgia, we have continued to record concerning developments regarding civic space. Recent accusations from the country’s security services and political leadership against Serbian NGO CANVAS of inciting a violent overthrow of the government, and the surveillance and questioning of CANVAS activists represent an unacceptable interference on the freedom of association. We are further concerned by the convictions of peaceful protesters for displaying critical slogans, or even blank banners. We call on Georgia to ensure a safe environment for human rights defenders free of intimidation and the full enjoyment of the rights to freedom of expression and freedom of peaceful assembly.

We are encouraged by the Somali government’s commitment to implement a one-person, one vote system from next year, a change which would positively impact civic participation. However, we remain concerned by the continued targeting of journalists and human rights defenders using the outdated Penal Code, and through physical attacks by state and non-state actors. We call on Somalia to immediately and unconditionally release journalists, media workers and human rights defenders currently detained, and ensure their protection as they undertake their peaceful work.

In Yemen, civil society organisations have reported being subjected to a host of restrictive measures including, arbitrary surveillance, limitations on freedom of expression, physical attacks and financial constraints. Human rights defenders, activists and journalists have been subjected to threats, kidnappings, physical assaults, defamation campaigns and arbitrary detention. We urge the conflicting parties to provide civil society, human rights defenders and journalists with a safe and secure environment in which to carry out their work.

We underscore the responsibility to protect human rights primarily lies with States and in this regard, we urge States to take tangible and consistent measures to protect and promote civic space.

We, thank you

Statement at the 54th Session of the UN Human Rights Council 

Interactive Dialogue with UN Special Rapporteur on Cambodia

Delivered by Sigrid Lipott, CIVICUS

Thank you, Mrs. Vice President,

CIVICUS welcomes this new report by the UN Special Rapporteur and express our grave concern that there has been no tangible progress in meeting the benchmarks on civic space presented to the Council in October 2022 by the Special Rapporteur. Instead, the assault on civic and political space in the country escalated ahead of the July elections.

The benchmark to halt the use of draconian laws and criminalisation of human rights defenders was completely ignored as land, environmental and trade union activists were targeted. In May, union leader Chhim Sithar was convicted for ‘incitement’ with eight other union members for a strike action. Critical civil society groups have faced recurring threats of dissolution under the restrictive Law on Associations and NGOs (LANGO) while independent media outlets were forced to shut down or have had their licences revoked.

Despite the benchmark to end mass trials of political opposition and ensure a free and fair elections, scores of opposition politicians were convicted on trumped up charges while others were harassed and vilified ahead of the elections. The sole viable opposition party, the Candlelight Party, was barred from participating in the elections. In addition, the election law was amended, prohibiting those who refused to vote from running as candidates in future ballots.

In light of these violations, the silence from many governments, especially in ASEAN has been deafening. We urge the international community to renew the mandate of the Special Rapporteur and ensure enhanced monitoring and reporting on the progress of the benchmarks presented by the Special Rapporteur. States should also call for the release of all detained activists and do more to support civil society.

We thank you.

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

Statement at the 54th Session of the Human Rights Council 

Enhanced Interactive Dialogue on the Democratic Republic of the Congo 

Delivered by Róisín Dunbar  

Thank you, Mr President, 

CIVICUS welcomes the High Commissioner’s report, and we share your concerns on ongoing restrictions on civic freedoms in the DRC.

We are encouraged by the adoption of a law on the protection and responsibility of HRDs by both legislative chambers, although concerns persist on ongoing restrictions on civic space. While the Press Law, Ordinance Law 23/009 of 13th March 2023 presents significant advancements in guaranteeing press freedom, it also provides opportunity to criminally prosecute journalists, including for sharing false news.

Journalists continue to be imprisoned. On 8th September 2023, renowned journalist Stanis Bujakera Tshiamala, was detained on accusations of ‘spreading false rumours’ and ‘disseminating false information in relation to an article revealing an alleged national intelligence report, which did not carry his name. Regrettably, Bujakera remains imprisoned, and his provisional release has been denied.

Furthermore, authorities regularly ban protests while security forces continued to use excessive force, including lethal force, against protesters.  On 30th August 2023, a protest in Goma, North Kivu, was banned by local authorities and led to civilian casualties of over 50 people. Four military officers were sentenced on 3 October for crimes committed during this protest. On 20th May 2023, in an opposition protest, ahead of the general elections scheduled for December 2023, police officers used excessive force, including tear gas and beating, and arrested dozens of protesters. 

We call on the government to ensure that fundamental freedoms are respected, including by reviewing all restrictive legislation, decriminalising press offences, and urgently safeguarding the rights of human rights defenders and journalists. 

Ending impunity for rights violations, including those against civil society, must be a priority to ensure sustained improvements for human rights. 

To this end, we call on the Council to maintain critical ongoing efforts towards accountability. 

Deputy High Commissioner, how can members and observers of this Council best support those on the ground to prevent further civic space violations?

Thank you

Statement at the 54th Session of the UN Human Rights Council 

General Debate Item 4

Delivered by Róisín Dunbar , CIVICUS

Thank you, Mr President,

The new CIVICUS Monitor Watchlist, highlights serious concerns regarding the rapid decline in respect for civic space in Bangladesh, Bosnia and Herzegovina, Ecuador, Senegal and the United Arab Emirates. We call on these governments to end crackdowns and ensure accountability for perpetrators. 

In Bangladesh, since the beginning of this year, we have seen a serious and rapid decline in respect for civic freedoms, marked by repression of opposition activists and critics with impunity. We condemn the two-year conviction of human rights defenders Adilur Rahman Khan and Nasiruddin Elan and call for their immediate and unconditional release. The harassment of human rights defenders and journalists has had a chilling effect across Bangladesh and we urge the government to respect fundamental freedoms ahead of upcoming elections. 

The situation for civic space in the Philippines remains dire. We are particularly concerned by ongoing reports of ‘red-tagging’ and judicial harassment of human rights defenders and cases of enforced disappearances. The government continues to misuse counterterrorism legislation to target activists. Despite the UN Joint Programme in the Philippines, a climate of impunity persists while domestic mechanisms continue to fail to provide justice to victims, families and communities. We urge the government to end harassment of human rights defenders and ensure accountability for victims of human rights violations. 

We continue to be deeply concerned about the human rights situation in India. Despite UPR commitments made in March, we are particularly concerned about the ongoing detention of human rights defenders under the draconian Unlawful Activities (Prevention) Act including student activists, those connected to the Bhima Koregaon case as well as prominent human rights defenders in Kashmir like Khurram Parvez and Irfan Mehraj. Journalists continue to be targeted and the crackdown on foreign funding for civil society organisations has persisted.

CIVICUS calls on the international community to monitor and address these worrying situations of shrinking civic space. 

Thank you.

Statement at the 54th Session of the UN Human Rights Council

Interactive Dialogue on written update of the High Commissioner on the human rights situation in Myanmar

Delivered by May Thiri Khin,  Burma Human Rights Network

Thank you, Mr. President, 

CIVICUS and the Burma Human Rights Network thank the High Commissioner for his report on the human rights situation in Myanmar where he notes a brutal campaign against any form of opposition. Activists face killings, torture, arbitrary detentions and enforced disappearances while communities suffer air strikes, forced displacement and denial of humanitarian access.

We are also concerned by ongoing repatriation processes of the Rohingya in the absence of conditions for safe, dignified, and sustainable returns.

Some 600,000 Rohingya remain trapped in camps in Rakhine state under a system of discriminatory laws and policies that amount to crimes against humanity and ongoing genocide. They face restrictions to freedom of movement, their livelihoods, and their access to education and health. Both Bangladesh and Myanmar junta are trying to coerce refugees in Bangladesh to return without consulting the community or addressing the grave risks to their lives and liberty. These measures would be refoulement and against international law. 

We are also concerned about the obstructions civil society groups delivering aid faced in Rakhine following Cyclone Mocha including threats and arrests and suspension of all travel authorisation, leaving the Rohingya exposed to serious life-threatening conditions.

BHRN and CIVICUS call on the international community to acknowledge the illegitimacy of the military junta’s power in Myanmar and condemn any efforts to forcibly return Rohingya refugees to an active war zone. 

BHRN and CIVICUS call on the Council and the UN to take strong, coordinated action to prevent further atrocities against the Rohingya and others by the military junta. 

We thank you.

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

Statement at the 54th Session of the UN Human Rights Council

Interactive Debate with the Special Rapporteur on Burundi

Delivered by Agnès Ndirubusa 

Thank you, Mr President,

CIVICUS and independent Burundian civil society organisations thank the Special Rapporteur for his report and continued work. 

The human rights situation in Burundi is on a downward spiral despite President Ndayishimiye’s initial lifting of some restrictions on media and civil society. 

Over a hundred Burundian journalists are still in exile, a culture of fear has been established, resulting in self-censorship and reprisals against political dissidents, media professionals and civil society organizations.  Members of CNDD-FDD, the Imbonerakure or the National Intelligence Service continue with impunity to commit these violations of fundamental freedoms. For instance, Floriane Irangabiye, of Radio Igicaniro broadcasting from Rwanda, was arrested on 30 August 2022 on charges  of “undermining the internal security of the national territory” and sentenced to 10 years of imprisonment.

The work of CSOs continues to be restricted as the authorities use a 2017 law on foreign non-governmental organizations, which is inconsistent with the State’s human rights obligations.   On 14 February 2023, four human rights defenders; Sonia Ndikumasabo, Marie Emerusabe, Audace Havyirimana and Sylvana Inamahoro, were arrested by the National Intelligence Service at Bujumbura airport.  A fifth human rights defender Prosper Runyange, was arrested in Ngozi and transferred to Bujumbura the following day. These HRDs have been charged with rebellion and undermining the internal security of the State and the proper functioning of public finances. Although they have been released, after a month in illegal detention, their passports and bank assets are still held by security officers.

We urge the Burundian authorities to fully uphold their obligations regarding freedom of expression and association, including by reviewing and amending laws, release HRDs in detention, create a safe and conducive environment for the work of human rights defenders and journalists, free from intimidation and retaliation.

We thank you.

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

Statement at the 54th Session of the UN Human Rights Council

General Debate on the High Commissioner’s update

Delivered by Humberto Mendez Ramos

Thank you, Mr President, 

On the occassion of the 75th anniversary of the Universal Declaration of Human Rights (UDHR), the High Commissioner has described civic space as the best indicator of a state’s commitment to upholding the aspirations of the Declaration. However, as documented by CIVICUS, rapid deterioration of civic space remains a global trend, putting into serious question many states’ commitment to human rights. 

In Ecuador, we have documented attacks against journalists and political figures. We are also concerned about the continuing harassment, arbitrary detentions, public vilification, and unfair trials against human rights defenders. Especially in the context of the upcoming national elections, we underscore the need for effective mechanisms to protect freedom of expression and civil society from violence.

Ahead of Senegal’s presidential elections, set to take place in February 2024, civic space violations have soared. These include the use of excessive force, including lethal force, in the face of opposition protests, arbitrary arrests of journalists, the restriction of access to internet and social media, the suspension of media outlets and the dissolution of opposition party.

We are also concerned about developments in Bosnia and Herzegovina, in particular the Republika Srpska, where repression of civil society and freedom of expression are being sought through restrictive legislation, including on the supervision and control of civil society. We underscore the need to ensure an enabling environment for activists in law and in practice, including for LGBTQI+ advocates who have been subjected to increased hostility and harassment.

In the face of deteriorating situations for human rights and civic space, CIVICUS calls on this Council to act and address these situations objectively, impartially and without double standards.

We thank you. 

CIVICUS’ key priorities and recommendations during the 53rd Session of the UN Human Rights Council focussed on the protection of fundamental freedoms and support to civil society where they face grave risk. The 53^rd session provided a number of opportunities for the advancement of civic space and the protection of civil, in light of the 75th anniversary of the Universal Declaration of Human Rights (UDHR) and of the 25th anniversary of the Declaration on Human Rights Defenders.

The Human Rights Council adopted a Civil Society Space Resolution that acknowledges the positive role of civil society, recognises that civil society participation in UN mechanisms is crucial, and asks the High Commissioner, through a wide consultative process, to prepare a report identifying challenges and best practices in regularly assessing civic space trends, which may lead in the long run to the development of indicators and benchmarks.

CIVICUS welcomes, the adoption of the resolution on Belarus, which re-mandates the Special Rapporteur for a further year, as well as the renewal of the mandates of the Special Rapporteur on Extrajudicial, Summary and Arbitrary and of the Working Group on Business and Human Rights for three years, and the adoption of the resolution extending the mandate of the UN Special Rapporteur on Independence of Judges and Lawyers.

On country situations, CIVICUS welcomes the Council’s strengthened action on Eritrea, with a Resolution that addresses violations committed by Eritrean authorities. On Sudan, civil society continues to request the establishment of an investigative mechanism with the aim of thoroughly investigating alleged human rights violations and violations of international humanitarian law committed by all parties. For more information see here.

CIVICUS in collaboration with members delivered statements on situations where civil society faces grave risks, in the context of the enhanced Interactive dialogue with the Special Rapporteur on the situation of human rights in Afghanistan and the Working Group on discrimination against women and girls; the Interactive dialogue on the situation of human rights in Eritrea; the Interactive dialogue with the Special Rapporteur on the situation of human rights in Myanmar and the interactive dialogue on the written update of the High Commissioner on the situation of human rights in the country; the enhanced interactive dialogue on the report of the High Commissioner on the situation of human rights in the Sudan, the interactive dialogue on the report of the High Commissioner on the situation of human rights in the Bolivarian Republic of Venezuela; and the interactive dialogue on the oral update of the Special Rapporteur on the situation of human rights in Burundi.

CIVICUS and its partners also delivered statements on Peru, Pakistan, Sri Lanka, Benin and Zambia, in the context of UPR outcomes.

Statement at the 53rd Session of the UN Human Rights Council

Adoption of the UPR report of Pakistan

Delivered by Gulalai Ismail

Thank you, Mr President. 

Mr President, the Asia Legal Resource Centre, Aware Girls and CIVICUS welcome the government of Pakistan's engagement with the UPR process.  

Since its last review, Pakistan has only partially implemented three of the fourteen recommendations relating to civic space. We welcome that Pakistan accepted twenty of the twenty-two recommendations on civic space it received during this cycle including to guarantee a safe and enabling environment for the work of journalists and human rights defenders; review the law for Electronic Crimes and ensure that it does not affect freedom of expression and end the extra-legal use of force as well as use of enforced disappearances.

Despite these commitments, space for civil society has continued to come under attack in recent years. We have documented barriers for CSOs to register and operate, the criminalisation of human rights defenders and journalists on fabricated charges.  We are further alarmed by 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. 

Mr President, our organisations call on the Government of Pakistan to take concrete steps to address these concerns, including by halting the use of anti-terrorism legislation to arrest, detain and prosecute activists, to drop all charges against human rights defenders Muhammad Ismail and release Idris Khattak and amend the 1960 Maintenance of Public Order law, to guarantee fully the right to the freedom of peaceful assembly. 

We thank you. 

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

Statement at the 53rd Session of the UN Human Rights Council

Adoption of the UPR report of Sri Lanka

Delivered by Tharindu Jayawardhana

Thank you, Mr President.

Mr President, the Centre for Society and Religion, Asia Legal Resource Centre and CIVICUS welcome the government of Sri Lanka's engagement with the UPR process.

Since its last review, Sri Lanka did not implement any of the nine recommendations related to civic space. We note that Sri Lanka accepted 24 of the 31 recommendations on civic space it received during this cycle including to ensure a safe environment for civil society, including human rights defenders and journalists and refrain from imposing undue limitation on NGOs.

Despite these commitments, space for civil society has continued to come under attack in recent years. We have documented arbitrary arrests, detention, harassment and surveillance of activists and journalists and the misuse of the PTA and ICCPR Act and other laws to silence freedom of expression and assembly. We also documented restrictions on protests and harassment and intimidation of protesters - including against families of disappeared persons in the north and east - and the use of excessive force and prosecution of protesters following the economic crisis. We are concerned the imminent “NGO law” will curtail freedom of association and legalize government interference in civil society.

Mr President, our organisations call on the Government of Sri Lanka to withdraw charges against activist and lawyer Hejaaz Hizbullah charged under the PTA; discharge activist and comedian Nathasha Edirisooriya facing several court cases including under the ICCPR Act; to discharge protesters facing court cases related to protests under various laws and to conduct impartial investigations and prosecutions in relation to violations committed by police and armed forces in the context of protests and repeal all draconian legislation used to criminalise activists.

We thank you.

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

Statement at the 53rd Session of the UN Human Rights Council 

Interactive Dialogue on written update of the High Commissioner on Myanmar

Delivered by Kyaw Win

Thank you Mr. President,

CIVICUS and the Burma Human Rights Network thank the High Commissioner for his report on the human rights impact of the denial of humanitarian access in Myanmar.

Since the coup, more than a million people, especially from ethnic and religious minority communities, have been displaced by the military junta’s indiscriminate airstrikes and systematic atrocities. During the past two years when humanitarian needs have been acute, the junta has routinely and deliberately blocked, confiscated, and destroyed lifesaving aid to prevent it from reaching people in need. Further, the junta’s amendments to the 2014 NGO registration law formalised further restrictions on civil society and humanitarian actions including banking, procurement of aid items and movement of aid workers.

Compounding these issues, on 14 May, Cyclone Mocha devastated communities in Chin, Rakhine, Kachin states and Magway and Sagaing Regions, impacting over 1.6 million people. The most severely hit areas were Rathedaung and Sittwe townships in Rakhine State. In the wake of the cyclone, the junta issued a notice blocking humanitarian organisations from delivering deliver life-saving aid to impacted communities in Rakhine State where 130,000 Rohingya remain trapped under apartheid like conditions. The cyclone has provided the junta with an opportunity to continue its genocidal campaign against the Rohingya.

Despite these restrictions, civil society groups, diaspora communities, Ethnic Revolutionary Organizations and the National Unity Government have been at the forefront to effectively provide emergency aid risking death, arrest, torture, and harassment. They must be supported to continue to do so.

BHRN and CIVICUS call on the Council and the UN to take steps to protect humanitarian groups and provide flexible direct funding to them to support their ability to assist the population-in-need.

We thank you.

Civic space in Myanmar is rated as "closed" by the CIVICUS Monitor

Statement at the 53rd Session of the UN Human Rights Council

Adoption of the UPR report of Benin

Delivered by Cristina Figueira Shah

Thank you, Mr President.

Mr President, Coalition des Défenseurs des Droits Humains-Bénin (CDDH-Bénin), West African Human Rights Defenders Network (WAHRDN), Réseau des Femmes Leaders pour le Développement (RFLD) and CIVICUS welcome the government of Benin's engagement with the UPR process, and its commitment to implement the recommendations to guarantee freedom of expression and the protection of journalists and human rights defenders.

We regret that Benin only accepted 9 of the 21 recommendations it received during this cycle and has noted all recommendations to reform the Digital Code, which unduly restricts freedom of expression. Since its last review, Benin implemented none of the two recommendations relating to civic space.

We remain concerned by repressive provisions negatively affecting freedom of expression, notably in the 2018 Digital Code and the Criminal Code, which has been used against journalists, HRDs and bloggers.

Despite the decriminalisation of press offences in 2015, journalists continue to be arrested and imprisoned. On 13 January 2023, journalist Maxime Lissanon was arrested after the publication of a Facebook post related to the legislative elections of 8 January 2023, and was subsequently charged with ‘incitement to rebellion’. On 20 December 2022, police arrested editor of online radio station Crystal News, Virgile Ahouansè, and charged him with ‘publishing false information aimed at disturbing the peace’ for an investigative story alleging extra-judicial killings at a school in Porto Novo. On 14 June 2023, the Court of Repression of Economic Offences and Terrorism (CRIET), a special court dedicated to prosecuting economic and terrorism-related crimes, sentenced the journalist to a suspended prison sentence of 12 months.

Furthermore, in October 2022, the right to strike, which had already been undermined by the adoption of Law No. 2018-34 of 5 October 2018, was further undermined by the promulgation of a new law, expanding the sectors that are prohibited from strike action. Violating these strike bans can lead to prison sentences between three and 24 months, while solidarity strikes are prohibited.

Mr President, CDDH-Bénin, RFLD, WAHRDN and CIVICUS call on the Government of Benin to take concrete steps to address these concerns, including by revising the Digital Code as to ensure the respect of the freedom of expression, to adopt a law on the protection of HRDs and to ensure that the application of counterterrorism legislation respects human rights.

We thank you

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

Statement at the UN Human Rights Council – 53rd Session

Interactive Dialogue with the Special Rapporteur on the situation of human rights in Burundi

Delivered by Sigrid Lipott

Thank you, Mr. President,

CIVICUS and its partners in Burundi express deep concern regarding the shrinking civic space in Burundi and the government's lack of cooperation with the Special Rapporteur.

The recent arrest of human rights defenders - Sonia Ndikumasabo, Marie Emerusabe, Audace Havyarimana, Sylvana Inamahoro, and Prosper Runyange, on baseless charges of rebellion and undermining state security is a cause for concern. The continued illegal detention of Tony Germain Nkina, despite a Supreme Court ruling overturning his conviction, is a violation of his fundamental rights. Burundi must respect the court's decision and release him immediately.

We are concerned by the arrest of 24 individuals during a seminar organized by MUCO Burundi. The criminalization of individuals based on their sexual orientation is a clear violation of international human rights standards. The government must drop these charges and ensure the protection of the rights of all individuals. Furthermore, the conviction of journalist Floriane Irangabiye on charges of “undermining the integrity of national security” is a severe infringement on freedom of expression and media independence. Burundi must respect its international obligations to uphold freedom of speech and ensure the independence of the media.

CIVICUS and its partners emphasize the urgency of addressing the shrinking civic space and the threats faced by human rights defenders in Burundi. The government must protect civic space, uphold the rights of defenders, and create a safe environment for civil society organizations. Burundi must fulfil its obligations under international human rights law, halt human rights violations, and ensure accountability for those responsible.

We thank you.

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

Declaración Oral: Consejo de Derechos Humanos – 53° período de sesiones y aprobación del Informe EPU

Entregada por Humberto Mendez Ramos

Saludos desde la Asociación por los Derechos Humanos (APRODEH). Después del periodo del conflicto armado interno y dictadura que vivió el Perú entre el 80 y el 2000, el país no experimentaba un escenario tan critico en el cual los derechos humanos y la misma democracia fueran sometidas y vulneradas por una alianza autoritaria y anti-derechos que tiene el Parlamento como su centro de poder.  

Consecuencias de esa concentración de poder, han sido no solo la grave crisis política y de represión que vivimos desde diciembre de 2022 y que produjo 49 muertos por acción de las fuerzas del orden, sino también la captura de las instituciones democráticas como la Defensoría del Pueblo, el Tribunal Constitucional, entre otras, que aseguraban mínimos de democracia y ejercicio de derechos en el país.  

Si bien nuestra democracia ha sido imperfecta en estos cuatro quinquenios, pues diversos territorios experimentaron escenarios de conflictividad social que también produjo la muerte de más de medio centenar entre el 2012 al 2021, las reglas mininas de convivencia democrática, como la independencia de poderes para la investigación y sanción de estos casos de vulneración de derechos nunca estuvo amenazada o en riesgo de existir, como sí lo está hoy en favor de la impunidad. 

Este escenario de progresivo autoritarismo, camino a consolidar un nuevo tipo de dictadura, nos preocupa no sólo por la eliminación de la independencia de poderes o la imposición de la impunidad frente a los casos de muerte producidos recientemente, sino a la amenaza y riesgo de poder vivir un nuevo escenario de amplia represión y un Estado anti derechos como el que tuvimos en la década de los noventa y que implicó amplias y sistemáticas violaciones a los derechos humanos. 

Bajo este contexto, solicitamos a las instituciones internacionales estar alertas y vigilantes ante el reinicio de movilizaciones que se van a producir desde el diecinueve de julio en adelante. 

Muchas gracias. 

Statement at the 53rd Session of the UN Human Rights Council 

Interactive Dialogue with the Special Rapporteur on the human rights situation in Eritrea

Delivered by Helen Kidan

Thank you, Mr. President,

CIVICUS and the Eritrean Movement for Democracy and Human Rights appreciate the work of the Special Rapporteur and his latest report.

The state of civic space in Eritrea remains closed and a matter of grave concern, with no room for freedom of expression, especially for civil society, journalists and political opponents. Freedom of the press is non-existent, as independent and international media are not allowed to operate, with only state-controlled media outlets available. 16 journalists, including Dawit Isaak, have been disappeared for over 20 years, making them the longest detained journalists in the world. There is also no information regarding the G-15, former members of the government who have been detained since 2001.

Furthermore, the continued national service conscription violates the rights of citizens. Arbitrary detention continues to be used against thousands of real or perceived government critics and opponents without any access to due process rights, such as access to a lawyer.

We urgently call on the Eritrean government to cease forced recruitment and coercive practices, ensure an open civic space for civil society participation, political opposition, and freedom of expression and release all those arbitrarily detained. We further urge the government to engage constructively with the mandate of the Special Rapporteur and allow the visit requests by thematic special procedures.

We call on the Council to adopt a meaningful resolution renewing the crucial mandate of the Special Rapporteur and spelling out the severe human rights violations and abuses committed by the authorities at home and abroad.

We thank you.

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

TO PERMANENT REPRESENTATIVES OF MEMBER AND OBSERVER STATES OF THE UNITED NATIONS (UN) HUMAN RIGHTS COUNCIL (GENEVA, SWITZERLAND)

Excellencies, In light of the unfolding human rights crisis in Sudan, and notwithstanding efforts to stop the fighting by the African Union (AU), the Intergovernmental Authority on Development (IGAD) and other regional and international actors, we, the undersigned non-governmental organisations, are writing to urge your delegation to address the human rights dimensions of the crisis by supporting the convening of a special session of the UN Human Rights Council.

In line with the Council’s mandate to prevent violations and to respond promptly to human rights emergencies, States have a responsibility to act by convening a special session and establishing an investigative and accountability mechanism addressing all alleged human rights violations and abuses in Sudan.

We urge your delegation to support the adoption of a resolution that requests the UN High Commissioner for Human Rights to urgently organize an independent mechanism to investigate human rights violations and advance accountability in Sudan, whose work would complement the work of the designated Expert on Sudan.

* * *

On 15 April 2023, explosions and gunfire were heard as violence erupted in Khartoum and other Sudanese cities between the Sudanese Armed Forces (SAF) led by Sudan’s current head of state as Chairperson of the Sovereign Council (SC), General Abdel-Fattah al-Burhan, and a paramilitary group, the Rapid Support Forces (RSF), led by General Mohamed Hamdan Dagalo (also known as “Hemedti”).

As of 25 April 2023, at midnight, a 72-hour ceasefire has been announced. The death toll, however, is estimated at over 400 civilians, with thousands injured. Actual figures are likely to be much higher as most of Khartoum’s hospitals have been forced to close and civilians injured during the crossfire cannot be rescued. Millions of residents are trapped in their homes, running out of water, food and medical supplies as electricity is cut and violence is raging in the streets of Khartoum. Banks have been closed and mobile money services severely restricted, which limits access to cash, including salary and remittances. Diplomats and humanitarians have been attacked. The fighting has spread to other cities and regions, including Darfur, threatening to escalate into full-blown conflict.

In a Communiqué, the AU Peace and Security Council noted “with grave concern and alarm the deadly clashes […], which have reached a dangerous level and could escalate into a full-blown conflict,” “strongly condemned the ongoing armed confrontation” and called for “an immediate ceasefire by the two parties without conditions, in the supreme interest of Sudan and its people in order to avoid further bloodshed and harm to […] civilians.”

* * *

In light of these developments, we urge your delegation to support the adoption, during a special session on the unfolding human rights crisis in Sudan, of a resolution that, among other actions:

• • • Requests the United Nations High Commissioner for Human Rights to urgently organize on the most expeditious basis possible an independent investigative mechanism, comprising three existing international and regional human rights experts, for a period of one year, renewable as necessary, and complementing, consolidating and building upon the work of the designated Expert on Human Rights in the Sudan and the country office of the United Nations High Commissioner for Human Rights, with the following mandate:
      • To undertake a thorough investigation into alleged violations and abuses of international human rights law and violations of international humanitarian law and related crimes committed by all parties in Sudan since 25 October 2021, including on their possible gender dimensions, their extent, and whether they may constitute international crimes, with a view to preventing a further deterioration of the human rights situation;
      • To establish the facts, circumstances and root causes of any such violations and abuses, to collect, consolidate, analyze and preserve documentation and evidence, and to identify, where possible, those individuals and entities responsible;
      • To make such information accessible and usable in support of ongoing and future accountability efforts, and to formulate recommendations on steps to be taken to guarantee that the authors of these violations and abuses are held accountable for their acts and to end the cycle of impunity in Sudan;
      • To provide guidance on justice, including criminal accountability, reparations, and guarantees of non-recurrence;
      • To integrate a gender perspective and a survivor-centred approach throughout its work;
      • To engage with Sudanese parties and all other stakeholders, in particular United Nations agencies, civil society, refugees, the designated Expert on Human Rights in the Sudan, the field presence of the Office of the High Commissioner in Sudan, African Union bodies and the Intergovernmental Authority on Development, in order to provide the support and expertise for the immediate improvement of the situation of human rights and the fight against impunity; and
      • To ensure the complementarity and coordination of this effort with other efforts of the United Nations, the African Union and other appropriate regional and international entities, drawing on the expertise of, inter alia, the African Union and the African Commission on Human and Peoples’ Rights to the extent practicable;
    • Decides to enhance the interactive dialogue on the situation of human rights in the Sudan, called for by the Human Rights Council in its resolution 50/1, at its 53rd session so as to include the participation of other stakeholders, in particular representatives of the African Union, the African Commission on Human and Peoples’ Rights, and civil society;
    • Requests the independent investigative mechanism to present an oral briefing to the Human Rights Council at its 54th and 55th sessions, and a comprehensive written report at its 56th session, and to present its report to the General Assembly and other relevant international bodies; and
    • Requests the Secretary-General to provide all the resources and expertise necessary to enable the Office of the High Commissioner to provide such administrative, technical and logistical support as is required to implement the provisions of the present resolution, in particular in the areas of fact-finding, legal analysis and evidence-collection, including regarding sexual and gender-based violence and specialized ballistic and forensic expertise.

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

Sincerely,

First signatories (as of 26 April 2023):

1. Act for Sudan
2. Action by Christians for the Abolition of Torture in the Central African Republic (ACAT-RCA)
3. African Centre for Democracy and Human Rights Studies (ACDHRS)
4. African Centre for Justice and Peace Studies (ACJPS)
5. AfricanDefenders (Pan-African Human Rights Defenders Network)
6. Algerian Human Rights Network (Réseau Algérien des Droits de l’Homme)
7. Amnesty International
8. Angolan Human Rights Defenders Coalition
9. Asian Forum for Human Rights and Development (FORUM-ASIA)
10. Atrocities Watch Africa (AWA)
11. Beam Reports – Sudan
12. Belarusian Helsinki Committee
13. Burkinabè Human Rights Defenders Coalition (CBDDH)
14. Burundian Coalition of Human Rights Defenders (CBDDH)
15. Cabo Verdean Network of Human Rights Defenders (RECADDH)
16. Cairo Institute for Human Rights Studies (CIHRS)
17. Cameroon Women’s Peace Movement (CAWOPEM)
18. Central African Network of Human Rights Defenders (REDHAC)
19. Centre for Democracy and Development (CDD) – Mozambique
20. Centre de Formation et de Documentation sur les Droits de l’Homme (CDFDH) – Togo
21. CIVICUS
22. Coalition of Human Rights Defenders-Benin (CDDH-Bénin)
23. Collectif Urgence Darfour
24. CSW (Christian Solidarity Worldwide)
25. DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
26. EEPA – Europe External Programme with Africa
27. Ethiopian Human Rights Defenders Center (EHRDC)
28. FIDH (International Federation for Human Rights)
29. Forum pour le Renforcement de la Société Civile (FORSC) – Burundi
30. Gender Centre for Empowering Development (GenCED) – Ghana
31. Gisa Group – Sudan
32. Global Centre for the Responsibility to Protect
33. Horn of Africa Civil Society Forum (HoA Forum)
34. Human Rights Defenders Coalition Malawi
35. Human Rights Defenders Network – Sierra Leone
36. Human Rights House Foundation
37. Institut des Médias pour la Démocratie et les Droits de l’Homme (IM2DH) – Togo
38. International Bar Association’s Human Rights Institute (IBAHRI)
39. International Commission of Jurists
40. International Refugee Rights Initiative (IRRI)
41. International Service for Human Rights
42. Ivorian Human Rights Defenders Coalition (CIDDH)
43. Jews Against Genocide
44. Journalists for Human Rights (JHR) – Sudan
45. Justice Africa Sudan
46. Justice Center for Advocacy and Legal Consultations – Sudan
47. Libyan Human Rights Clinic (LHRC)
48. Malian Coalition of Human Rights Defenders (COMADDH)
49. MENA Rights Group
50. Mozambique Human Rights Defenders Network (MozambiqueDefenders – RMDDH)
51. NANHRI – Network of African National Human Rights Institutions
52. National Coalition of Human Rights Defenders – Kenya
53. National Coalition of Human Rights Defenders – Somalia
54. National Coalition of Human Rights Defenders-Uganda (NCHRD-U)
55. Network of Human Rights Journalists (NHRJ) – The Gambia
56. Network of the Independent Commission for Human Rights in North Africa (CIDH Africa)
57. Never Again Coalition
58. Nigerien Human Rights Defenders Network (RNDDH)
59. Pathways for Women’s Empowerment and Development (PaWED) – Cameroon
60. PAX Netherlands
61. PEN Belarus
62. Physicians for Human Rights
63. POS Foundation – Ghana
64. Project Expedite Justice
65. Protection International Africa
66. REDRESS
67. Regional Centre for Training and Development of Civil Society (RCDCS) – Sudan
68. Réseau des Citoyens Probes (RCP) – Burundi
69. Rights Georgia
70. Rights for Peace
71. Rights Realization Centre (RRC) – United Kingdom
72. Salam for Democracy and Human Rights
73. Society for Threatened Peoples
74. Southern Africa Human Rights Defenders Network (Southern Defenders)
75. South Sudan Human Rights Defenders Network (SSHRDN)
76. Sudanese American Medical Association (SAMA)
77. Sudanese American Public Affairs Association (SAPAA)
78. Sudanese Women Rights Action
79. Sudan Human Rights Hub
80. Sudan NextGen Organization (SNG)
81. Sudan Social Development Organisation
82. Sudan Unlimited
83. SUDO UK
84. Tanzania Human Rights Defenders Coalition (THRDC)
85. The Institute for Social Accountability (TISA)
86. Togolese Human Rights Defenders Coalition (CTDDH)
87. Tunisian League for Human Rights (LTDH)
88. Waging Peace
89. World Council of Churches
90. World Organisation Against Torture (OMCT)
91. Zimbabwe Lawyers for Human Rights

ANNEX: KEY HUMAN RIGHTS ISSUES IN SUDAN, PRE-15 APRIL 2023

Sudan’s human rights situation has been of utmost concern for decades. In successive letters to Permanent Missions to the UN Human Rights Council, Sudanese and international civil society groups highlighted outstanding human rights concerns dating back to the pre-2019 era, including near-complete impunity for grave human rights violations and abuses, some of which amounting to crimes under international law.

Civil society organisations also attempted to draw attention to post-2019 human rights issues, including the brutal crackdown on peaceful protesters during and after the 2018-2019 popular protests and after the military coup of 25 October 2021. They repeatedly called for ongoing multilateral action, stressing that as the UN’s top human rights body, the Council had a responsibility to ensure scrutiny of Sudan’s human rights situation and to support the Sudanese people’s demands for freedom, justice, and peace.

During a special session held on 5 November 2021, the Council adopted a resolution requesting the High Commissioner to designate an Expert on Human Rights in the Sudan. As per resolution S-32/1, which was adopted by consensus, the Expert’s mandate will be ongoing “until the restoration of [Sudan’s] civilian-led Government.” As per Council resolution 50/1, also adopted by consensus, in July 2022, the Council requested the presentation of written reports and the holding of additional debates on Sudan’s human rights situation.

The violence that erupted on 15 April 2023, which resulted from persisting disagreements regarding security and military reforms and unaddressed issues of accountability of security forces and lack of security sector reform, came against a backdrop of severe restrictions on human rights and fundamental freedoms.

Observers’ and civil society actors’ fears of a deterioration of the situation, immediately prior to 15 April 2023, including in the form of an intensified crackdown on peaceful protesters in Khartoum and violence in the capital and in the conflict areas of Darfur, Blue Nile, and South Kordofan, as well as in Eastern Sudan, were well founded. These fears were made credible by the history of violence and abuse that characterises Sudan’s armed and security forces, including the SAF, the RSF, and the General Intelligence Service (GIS) (the new name of the infamous National Intelligence and Security Service (NISS)).

Since the 25 October 2021 coup, de facto authorities systematically used excessive and sometimes lethal force, as well as arbitrary detention to crack down on public assemblies. The situation was particularly dire for women and girls, who face discriminatory laws, policies, and practices, as well as sexual and gender-based violence, including rape and the threat of rape in relation to protests and conflict-related sexual violence in Sudan’s conflict areas.

National investigative bodies, such as the committee set up to investigate the 3 June 2019 massacre in Khartoum, had failed to publish any findings or identify any perpetrators.

The situation in Darfur, 20 years after armed conflict broke out between the Sudanese government and rebel groups, remained particularly concerning. Intercommunal and localised violence in Darfur, South Kordofan, and Blue Nile had escalated since October 2021, resulting in civilian casualties, destruction of property and human rights violations. Emergency laws and regulations remained in place, stifling the work of independent actors. In Blue Nile State, fighting had increased in scope and expanded to new areas.

Cruel, inhuman and degrading punishments that were common in the Al-Bashir regime were still being handed out by the courts of laws. Throughout the country, the Humanitarian Aid Commission (HAC) continued to unduly restrict the operations of civil society organisations, including through burdensome registration and re-registration requirements, restrictions to movement, and surveillance.

These added to long-standing, unaddressed human rights issues UN actors, experts, and independent human rights organisations identified during the three decades of the Al-Bashir regime. Among these issues, impunity for grave human rights violations and abuses remains near-complete.

As of early April 2023, the country was in a phase of political dialogue. On 5 December 2022, the Sudanese military and civilian representatives, including the Forces for Freedom and Change (FFC), which played a key role in the 2018-2019 revolution, signed a preliminary agreement, known as the Political Framework Agreement. The agreement was supposed to be a first step in paving the way for a comprehensive agreement on the transition, which was supposed to be led by civilians and lead to the holding of elections at the end of a two-year period. The agreement, however, excluded key issues such as justice and accountability. Strong disagreements persisted regarding key security and military reforms. Influential actors, including major political parties and the resistance committees, rejected the deal altogether.

The political stalemate and mounting tensions also threatened the implementation of the Juba Peace Agreement, signed on 3 October 2020 between the then Transitional Government and parties to the peace process, including armed groups that were involved in the conflicts that have affected several of Sudan’s regional States in the last three decades.

Statement at the 52nd Session of the UN Human Rights Council 

Interactive Dialogue with the High Commissioner on Myanmar

Delivered by Kyaw Win, Burma Human Rights Network (BHRN) 

Thank you, Mr. President.

While religious oppression has been a longstanding issue in Burma, the coup emboldened the junta to further persecute, marginalise and incite violence against religious minorities. The junta perpetuates its efforts to erase the identity of all six Muslim minority groups through the denial of their citizenship. Rohingya Muslims are coerced to accept National Verification Cards, which do not provide a predictable or accessible pathway to citizenship, nor does it increase access to rights, including freedom of movement. Nonetheless, some UN agencies and embassies continue to endorse  National Verification Cards (NVCs) as a pragmatic solution to end statelessness. Due to their lack of citizenship, Muslims who have been forced to flee Myanmar are faced with statelessness.

Divisive and hateful rhetoric targeting non-Buddhist religious groups is used to divide the resistance and divert attention from the coup, Since the coup, BHRN has documented cases of looting, burning, and destruction of properties, shops, and places of worship of Muslim communities. Since the coup, over 20 Islamic religious buildings were attacked by the military and more than 770 houses in Muslim villages have been burned down in Sagaing region. There has also been an increasing number of cases of arbitrary arrest, detention, torture, and killing of Muslims.

The UN and the international community have not done enough. The longer the international community waits to act, the more emboldened the junta becomes as it continues to commit atrocities. We ask the High Commissioner what the international community should do to ensure accountability for serious human rights violations committed by the junta, to cut revenue streams to the junta, to support Rohingya and other minorities in Myanmar and those fleeing to neighbouring countries.

We thank you.

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

In this joint letter, CIVICUS and several civil society organisations call for the adoption of a robust resolution which reflects Myanmar people’s democratic will, seeks to advance accountability, and supports effective locally-led humanitarian assistance. 

To Member and Observer States of the UN Human Rights Council
Cc: The UN High Commissioner for Human Rights

Your Excellencies,

We, the undersigned 160 Myanmar, regional and international civil society organisations (CSOs), call for the United Nations Human Rights Council (UNHRC) to take concrete actions to advance accountability through all possible avenues, protect human rights of the Myanmar people, and strongly support their will for federal democracy.

We welcome the UNHRC resolution of 1 April 2022 which acknowledged the human rights situation in Myanmar as one of the Council's important agenda. We however recognise that the resolution failed to adequately reflect or address the severity of the human rights and humanitarian crisis in Myanmar. The resolution also fell short in advancing justice and ending rampant impunity enjoyed by the Myanmar military for decades. During the 52nd Regular Session of the UNHRC, we call for the adoption of a meaningful and robust resolution which reflects the Myanmar people’s desire for federal democracy, pursues all available mechanisms and avenues for justice and accountability, and bolsters effective locally-led frontline humanitarian
assistance.

While monitoring and reporting mandates on Myanmar by the UNHRC remain strong and robust, there is an urgent need for the Council to strengthen its efforts for justice and accountability. The creation of the Independent Investigative Mechanism for Myanmar (IIMM) to collect evidence of the most serious international crimes in Myanmar and prepare files for criminal prosecution — following the findings of the Independent International Fact-Finding Mission on Myanmar — was a substantial step in the right direction. However, the IIMM is not mandated to initiate prosecution, rendering justice elusive for victims of the most serious international crimes committed in Myanmar prior to its establishment in 2018, including the
Rohingya genocide. Currently, there is no international court that has an investigation into all crimes committed in Myanmar.

Read the full letter 

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 43^rd 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 3^rd 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.

Statement at the 51st Session of the UN Human Rights Council

Item 5 General Debate

Delivered by Junwoo Yang, CIVICUS

Thank you, Mr President.

We thank the Secretary-General for the important report on reprisals, which concludes that such acts seriously affects civil society actors’ cooperation with and submission of information to the United Nations.

In India, Khurram Parvez, has reportedly been subjected to travel bans, ill-treatment, arbitrary arrest and has been detained since November 2021 on trumped up counter-terrorism charges in relation to his cooperation with the UN over the years. We call for his immediate release and charged dropped.

In the Philippines, CIVICUS member Karapatan, and its Secretary-General Cristina Palabay, are longstanding inclusions on the reprisals report owing to red-tagging, harassment, arbitrary arrests and charges in connection with their engagement with the UN. While the government of the Philippines responded with allegations of false characterisation of government action, we note that the report documents that ‘Ms. Palabay continues to suffer online threats, harassment, and legal action.’

In Indonesia, Papua activist Victor Yeimo has been in detention since May 2021 in connection to his calls for self-determination of the Papuan people, including at the United Nations Human Rights Council.

We call for all States to cease acts of reprisals, including laws regulating NGOs and their access to funding, including foreign funds and donations, and imposing onerous reporting and tax requirements, which placed additional obstacles on the engagement of civil society with the UN, as we have seen in India, Russia, Zimbabwe, and numerous other countries.

We further call for States to ensure a political cost on acts of reprisal, which make the UN less responsive and less effective. It is incumbent on all States – members of this Council in particular – to ensure that civil society can engage with the UN and its mechanisms without fear.

We thank you.

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.

Statement at the 51st session of the UN Human Rights Council

General Debate on Item 3

Delivered by Nicola Paccimiccio

Thank you, Madame Vice-President.

We welcome the report of OHCHR on the essential role of civil society, which concludes that civil society must be empowered and protected. It highlights that there is much more to be done to address challenges in this respect.

Looking forward, civil society should be meaningfully included in all post-pandemic processes, and we urge States to take particular note of the recommendation to urgently and actively facilitate meaningful participation of diverse civil society entities in the development of a pandemic treaty.

The resolution on the Council’s role in prevention adopted by this Council during its 45^th Session acknowledged the important role played by civil society organizations and human rights defenders in preventing human rights violations, including by providing information on early warning signs. This role is only possible through the protection, and empowerment, of civil society to operate without risk of reprisals.

As access to resources continues to be an existential threat to civil society participation, we similarly call on States to implement the recommendation to refrain from limiting receipt of funds, including from foreign sources. We look particularly to States introducing or misusing legislation which undermines this recommendation, including India’s Foreign Contribution (Regulation) Act, Zimbabwe’s proposed Private Voluntary Organisation Amendment Bill, and legislation relating to so-called ‘Foreign Agents’ in Russia.

We call on States to ensure more systematic investment in meaningful, safe and inclusive participation at all levels, including by proactively addressing threats to civil society and human rights defenders. By doing so, States would be ultimately securing the mechanisms, enablers, and spaces that they themselves need to work with and for the societies they serve.

We thank you.

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.

Statement at the 51^st Session of the UN Human Rights Council 

Interactive Dialogue on the Special Rapporteur’s report on Afghanistan

Delivered by Horia Mosadiq

CIVICUS and the Safety and Risk Mitigation Organization thank the Special Rapporteur for his first report. The gravity of the situation cannot be overstated.

Since the Taliban takeover, escalating restrictions on fundamental freedoms in the country have exacerbated the danger facing human rights defenders. They live in a climate of fear, facing harassment, threats and violence. Those who have criticised the regime have been arbitrarily arrested and detained. Women human rights defenders have been abducted by the Taliban with impunity.

Crackdowns against protesters continue without accountability. Thousands of people, especially women, who took to the streets across the country to protest against the Taliban were subjected to excessive force, gunfire and beatings by the Taliban authorities, leading to deaths and injuries of peaceful protesters.

There have been countless raids of civil society offices, often to intimidate, and some groups have had their bank accounts frozen. The dissolution of the Afghanistan Independent Human Rights Commission this year symbolises the complete disintegration of accountability mechanisms in the country.

While grave violations continue and impunity remains rampant, we call on States to urgently take steps to create a more robust international accountability mechanism to complement the work of the Special Rapporteur.

We further call on States to provide Afghan human rights defenders with financial, diplomatic and political support, including by issuing humanitarian visas and funding resettlement programmes, and to apply pressure on the Taliban to create a safer space for human rights defenders in Afghanistan.

We thank you.

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

À l’attention des Représentants permanents des États Membres et Observateurs du Conseil des droits de l’homme des Nations Unies (Genève, Suisse

En octobre 2021, lors de la 48ème session du Conseil des droits de l’homme de l’ONU, ce dernier a institué une procédure spéciale sur le Burundi. Le nouveau mandat de Rapporteur spécial comprend d’importantes composantes de suivi de la situation et de fourniture de rapports et de conseils techniques. En même temps, la décision du Conseil de ne pas renouveler le mandat de la Commission d’enquête (COI) a mis fin au seul mécanisme international chargé d’enquêter sur les violations et atteintes aux droits humains au Burundi et d’identifier leurs auteurs en vue d’assurer la pleine reddition des comptes. Dans ce contexte, alors que de graves inquiétudes demeurent quant au respect des droits, il est crucial que le Rapporteur spécial puisse mener à bien sa mission.

Resolution on peaceful protests adopted by the 50th Session of the UN Human Rights Council

Statement at the 50th Session of the UN Human Rights Council

Delivered by Nicola Paccamiccio

Thank you, Mr President.

Mr President, CIVICUS, Coalition Togolaise des Défenseurs des Droits Humains (CTDDH) and Réseau Ouest Africain des Défenseurs des Droits Humains (ROADDH/WAHRDN) welcome the government of Togo’s engagement with the UPR process. We welcome that Togo supported 20 of the 24 recommendations it received relating to civic space.

However, Togo failed to implement any of the civic space recommendations it received in the previous cycle. Our joint submission found that Togo has persistently failed to address unwarranted restrictions on civic space and particularly acute implementation gaps were found with regards to fundamental freedoms and the protection of human rights defenders.

Space for civil society has been deteriorating in Togo since mass anti-government protests in 2017-2018, including through the killing of protesters, the arrest and prosecution of human rights defenders, journalists and pro-democracy activists, the banning of civil society and opposition protests, the suspension of media outlets, disruption of access to the internet and social media and the adoption of restrictive legislation.

Authorities in Togo continue to adopt laws and regulations that restrict civic space and hamper the work of human rights defenders.

A law adopted by authorities in March 2020 in response to Togo’s first case of COVID-19, allowing the government to take measures by decrees, including on fundamental rights and freedoms and civic rights, remains in place.

In January 2022, the government issued a decree setting conditions for cooperation between non-governmental organisations and the government, which contains restrictive provisions allowing mayors and prefects to prohibit peaceful protests in their districts.

We call on the government of Togo to take concrete steps to repeal all laws and regulations restricting fundamental freedoms in Togo, including the new law on freedom of assembly, Cybersecurity law, and certain restrictive provisions in the Penal Code, and to adopt the draft law on the protection of human rights defenders, submitted by civil society in 2019 in line with the United Nations Declaration of 1998.

We thank you.

Civic sace in Togo is rated as "Repressed" by the CIVICUS Monitor 

1117 Civil Society Organisations(CSOs) urge the Human Rights Council to renew the mandate of the Independent Expert on violence and discrimination on the basis of sexual orientation and gender identity(SOGI) during its 50th session. 

In every region of the world, widespread, grave and systematic violence and discrimination based on one’s real or perceived sexual orientation and/or gender identity persists.

Killings and extrajudicial executions; torture, rape and sexual violence; enforced disappearance; forced displacement; criminalisation; arbitrary detentions; blackmail and extortion; police violence and harassment; bullying; stigmatization; hate speech; disinformation campaigns; denial of one’s self defined gender identity; forced medical treatment, and/or forced sterilization; repression of the rights to freedom of expression, association and assembly, religion or belief; attacks and restrictions on human rights defenders and journalists; denial of services and hampered access to justice; discrimination in all spheres of life including in employment, healthcare, housing, education and cultural traditions; and other multiple and intersecting forms of violence and discrimination. These are some of the human rights violations and abuses faced by persons of diverse sexual orientations and/or gender identities.

This dire human rights situation has motivated significant action at the United Nations, which we celebrate, to recognize and protect the human rights of these persons and communities. In 2016, the Human Rights Council took definitive action to systematically address these abuses, advance positive reforms and share best practices – through regular reporting, constructive dialogue and engagement – and created an Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity (SOGI).

In 2019, the renewal of this mandate was supported by more than 50 States from all the regions of the globe and by 1,314 organisations from 174 States and territories. This growing support is evidence of the critical importance of this mandate and its work to support persons of diverse sexual orientations and/or gender identities, and those who defend their rights, both at international human rights fora and at the grassroots level.

Over the past 6 years the two mandate holders have conducted in-depth documentation of discrimination and violence based on SOGI through reports and statements; have sent over 100 communications documenting allegations of such violations in all regions; have carried out 5 country visits; have identified root causes; and addressed violence and discrimination faced by specific groups, including lesbian, bisexual, trans and gender diverse persons.

The mandate has also welcomed progress and identified best practices from all regions of the world, including in decriminalisation, legal gender recognition, anti-discrimination laws and hate crime laws. All while engaging in constructive dialogue and assisting States to implement and further comply with international human rights law and standards, as well as collaborating with UN mechanisms, agencies, funds and programs and other bodies in international and regional systems.

Despite these positive advances, today over 68 countries still criminalize consensual same-sex conduct and relations of which 11 jurisdictions still carry the death penalty and more than 10 countries still criminalise diverse gender expressions and identities, and the abovementioned human rights violations persist. Furthermore, at least 4042 trans and gender-diverse people were reported murdered between 1 January 2008 and 30 September 2021. With many more cases going unreported, 2021 has been the deadliest year for trans and gender-diverse people since data collection began. It is clear that this mandate remains essential.

A decision by Council Members to renew this mandate would send a clear message that violence and discrimination against people of diverse sexual orientations and/or gender identities cannot be tolerated. It would reaffirm that specific, sustained and systematic attention continues to be crucial to address these human rights violations and ensure that LGBT people are in fact free and equal in dignity and rights.
 
We, the 1,117 NGOs from 134 States and territories around the world, urge this Council to ensure we continue building a world where everyone can live free from violence and discrimination. To allow this important and unfinished work to continue, we urge you to renew the mandate of the Independent Expert on violence and discrimination on the basis of sexual orientation and gender identity.

La 50e session du Conseil des droits de l'homme se tiendra du 13 juin au 8 juillet et sera l'occasion d'améliorer l'espace civique et la protection de la société civile, et d'aborder des situations graves propres à certains pays. CIVICUS participera aux discussions concernant une résolution et à un débat sur la liberté de réunion et d'association pacifiques, étant donné que le Conseil renouvelle le mandat crucial du Rapporteur spécial, ainsi qu'à une résolution sur les manifestations pacifiques visant à promouvoir l'obligation de rendre des comptes en cas de violations.

À l’attention des Représentants permanents des États Membres et Observateurs du Conseil des droits de l’homme des Nations Unies, Genève (Suisse)

Madame, Monsieur le Représentant permanent,

En amont de la 50^ème session du Conseil des droits de l’homme des Nations Unies (13 juin-8 juillet 2022), nous, les organisations non gouvernementales soussignées, vous écrivons afin d’exhorter vo­tre délégation à soutenir l’adoption d’une résolution qui proroge le mandat du Rapporteur spécial sur la situation des droits de l’homme en Érythrée. En outre, nous soulignons la nécessité pour le Conseil d’aller au-delà de résolutions purement procédurales et de consacrer les « critères pour l’éva­luation des progrès accomplis en ce qui concerne la situation des droits de l’homme » en les incor­porant aux résolutions sur l’Érythrée.

En juillet 2021, le Conseil des droits de l’homme a maintenu sa surveillance étroite de la situation des droits humains en Érythrée. Considérant que le suivi de la situation et la fourniture de rapports demeu­raient nécessaires, le Conseil a prolongé le mandat du Rapporteur spécial. Cela était crucial pour répondre à la fois aux violations que l’Érythrée commet sur son territoire et aux atrocités que les forces érythré­en­nes ont commises dans la région voisine du Tigré, en Éthiopie.

En octobre 2021, l’Érythrée a été réélue pour un second mandat en tant que Membre du Conseil (2022-2024). Pourtant, le Gouvernement ne montre aucune volonté de mettre un terme aux graves violations des droits humains que les organes et mécanismes onusiens ont identifiées ou de s’engager sur la voie d’un dialogue sérieux avec la commu­nau­té internationale, notamment sur la base des critères pour l’é­va­luation des progrès accomplis éta­blis par la Rapporteuse spéciale en 2019. En dépit de ses obligations, en tant que Membre du Conseil, d’« [observer] les normes les plus strictes en matière de promotion et de défense des droits de l’homme » et de « [coopérer] pleinement avec le Conseil », le Gouvernement refuse de coopérer avec le Rapporteur spécial ou avec d’autres titulaires de mandats au titre des procédures spé­ciales. À ce jour, en 2022, l’Érythrée demeure parmi les quelques pays qui n’ont jamais reçu la moin­dre visite d’une procédure spéciale[1].

De plus, les forces érythréennes sont accusées de façon crédible de graves violations du droit internatio­nal au Tigré, dont certaines pourraient être constitutives de crimes de guerre et de crimes contre l’huma­nité, commises depuis que le conflit a débuté en novembre 2020.

Les inquiétudes exprimées dans des lettres conjointes de la société civile publiées en 2020 et 2021 de­meu­rent d’actualité. Les problèmes clefs en termes de droits humains en Érythrée incluent[2] :

• Une impunité généralisée pour les violations des droits humains passées et actuelles ;
• Des arrestations arbitraires et des détentions au secret ;
• Des violations des droits à un procès équitable, à l’accès à la justice, et aux garanties procédu­rales ;
• Des disparitions forcées et une absence d’information sur les personnes disparues ;
• La conscription au sein du système abusif de service national du pays, y compris pour un service national à durée indéterminée, accompagnée d’actes de torture, de violences sexuelles contre les femmes et les filles et de travail forcé ; et
• Des restrictions aux médias et aux professionnels des médias, ainsi que de graves restrictions à l’espace civique.

En 2019, lorsque Djibouti et la Somalie, qui étaient les parrains précédents des résolutions portant sur l’Érythrée, ont mis un terme à leur leadership, la société civile a salué l’initiative qu’un groupe de six États a prise afin de maintenir une attention multilatérale à la situation des droits humains en Érythrée. Toutefois, bien qu’accueillant avec satisfaction l’adoption par le Conseil des droits de l’homme des réso­lutions 41/1 (2019), 44/1 (2020) et 47/2 (2021)[3], de nombreuses organisations de la société civile ont ap­pe­lé à la prudence, soulignant que tout changement d’approche du Conseil devrait refléter des chan­ge­ments équivalents concernant la situation des droits humains dans le pays. Elles ont insisté sur le fait que le nouveau groupe de co-parrains, puis l’Union européenne (qui a repris le parrainage de ces résolutions), devait être ambitieux.

Nous sommes d’avis qu’il est temps pour le Conseil d’aller au-delà de résolutions purement procédurales qui prorogent le mandat du Rapporteur spécial et de clairement décrire et condamner les violations que les autorités érythréennes commettent, à la fois à l’intérieur et à l’extérieur de leur territoire.

Nous sommes également d’avis que les critères pour l’évaluation des progrès accomplis en ce qui con­cer­ne la situation des droits de l’homme[4], qui forment une feuille de route complète pour les réformes en matière de droits humains, devraient être incorporées à la résolution de cette année.

Ces critères[5] incluent :

• Critère n° 1 : Amélioration de la promotion de l’état de droit et renforcement de la justice et des institutions chargées de l’application des lois ;
• Critère n° 2 : Preuve de l’engagement en faveur de la mise en place de réformes du service natio­nal/militaire ;
• Critère n° 3 : Efforts importants déployés pour garantir la liberté de religion, d’association, d’ex­pression et de presse, ainsi que pour mettre un terme à la discrimination religieuse et ethnique ;
• Critère n° 4 : Preuve de l’engagement en faveur de la lutte contre toutes les formes de violence fondée sur le genre et de la promotion des droits des femmes et de l’égalité femmes-hommes ; et
• Critère n° 5 : Renforcement de la coopération avec l’équipe pays des Nations Unies.
• Les indicateurs associés, présentés dans les paragraphes 78 à 82 du Document onusien A/HRC/ 41/53, ainsi que les recommandations relatives aux critères formulées dans les rapports successifs du Rapporteur spécial, devraient aussi être référencés dans la résolution.

Le Conseil des droits de l’homme devrait permettre au Rapporteur spécial de poursuivre son tra­vail et au Bureau de la Haute-Commissaire des Nations Unies aux droits de l’homme (HCDH) d’ap­­profondir son dialogue avec le Gouvernement érythréen.

Lors de sa 50ème session à venir, le Conseil devrait adopter une résolution :

• Prorogeant le mandat du Rapporteur spécial sur l’Érythrée ;
• Exhortant l’Érythrée à coopérer pleinement avec le Rapporteur spécial en lui permettant un accès au pays, conformément à ses obligations de Membre du Conseil ;
• Accueillant avec satisfaction les critères pour l’évaluation des progrès accomplis en ce qui concerne la situation des droits de l’homme, ainsi que les indicateurs et recommandations associés, et soulignant la nécessité pour l’Érythrée d’incorporer ces critères dans son cadre ins­titutionnel, juridique et politique. La résolution devrait consacrer les cinq critères et les indi­cateurs associés ;
• Appeler l’Érythrée à développer un plan de mise en œuvre relatif à ces critères pour l’éva­lua­tion des progrès, en consultation avec le Rapporteur spécial et le HCDH ; et
• Priant la Haute-Commissaire et le Rapporteur spécial de présenter des mises à jour sur la situation des droits de l’homme en Érythrée lors de la 52^ème session du Conseil au cours d’un dialogue interactif renforcé et priant le Rapporteur spécial de présenter un rapport écrit exhaustif au Conseil lors de sa 53^ème session et à l’Assemblée générale lors de sa 77^ème

Nous vous remercions et restons à votre disposition pour fournir à votre délégation de plus amples infor­ma­tions. Dans l’at­tente, nous vous prions de croire, Madame, Mon­sieur le Représentant permanent, en l’assu­ran­ce de notre haute considération.

1. AfricanDefenders (Réseau panafricain des défenseurs des droits humains)
2. Amnesty International
3. Asian Forum for Human Rights and Development (FORUM-ASIA)
4. Centre africain pour la démocratie et les études des droits de l’Homme (ACDHRS)
5. Cercle des droits de l’homme et de développement – RDC
6. CIVICUS
7. Civil Society Human Rights Advocacy Platform – Libéria
8. Coalition burundaise des défenseurs des droits de l’Homme (CBDDH)
9. Coalition des défenseurs des droits humains (CDDH-Bénin)
10. Coalition ivoirienne des défenseurs des droits humains (CIDDH)
11. Coalition togolaise des défenseurs des droits humains (CTDDH)
12. Commission internationale de juristes (CIJ)
13. Commonwealth Human Rights Initiative (CHRI)
14. CSW (Christian Solidarity Worldwide)
15. DefendDefenders (Projet des défenseurs des droits humains de l’Est et de la Corne de l’Afrique)
16. Egyptian Initiative for Personal Rights (EIPR)
17. Eritrea Focus
18. Eritrean Law Society
19. Eritrean National Council for Democratic Change (ENCDC)
20. Eritrean Political Forces Coordination Committee (EPFCC)
21. Forum pour le renforcement de la société civile (FORSC) – Burundi
22. Freedom United
23. Genève pour les Droits de l’Homme / Geneva for Human Rights (GHR)
24. Human Rights Concern – Eritrea (HRCE)
25. Human Rights Defenders Network – Sierra Leone (HRDN-SL)
26. Human Rights Defenders Solidarity Network – HRDS-NET
27. Human Rights Watch
28. Independent Human Rights Investigators – Libéria
29. Information Forum for Eritrea (IFE)
30. Institut du Caire pour l’étude des droits de l’Homme (CIHRS)
31. Institut des médias pour la démocratie et les droits de l’Homme (IM2DH)
32. Lawyers’ Rights Watch Canada
33. Mouvement érythréen pour la démocratie et les droits humains (EMDHR)
34. Network of Human Rights Journalists – Gambie
35. One Day Seyoum
36. Organisation Mondiale contre la torture (OMCT)
37. Protection International Afrique
38. Réseau des citoyens probes (RCP) – Burundi
39. Réseau de la Commission indépendante des droits de l’Homme en Afrique du Nord (CIDH AFRIQUE)
40. Réseau nigérien des défenseurs des droits humains (RNDDH)
41. Réseau ouest-africain des défenseurs des droits humains (ROADDH/WAHRDN)
42. Southern Africa Human Rights Defenders Network (Southern Defenders) 

[1] Voir https://spinternet.ohchr.org/ViewCountryVisits.aspx?visitType=all&Lang=fr. Le Rapporteur spécial sur l’Érythrée a conduit des visites officielles dans les pays voisins, à savoir l’Éthiopie et Djibouti, ainsi que dans d’autres pays, et a rencontré des membres de la diaspora érythréenne, notamment des réfugiés, dans ces pays. Toutes les demandes de visite formulées auprès de l’Érythrée ont été refusées. D’autres titulaires de mandats de procédures spéciales ont sollicité, mais se sont vu systématiquement refuser, des visites en Érythrée. Ceux-ci incluent les procédures spéciales sur les exécutions extrajudiciaires, la liberté d’opinion et d’expression, le droit à l’éducation, le droit à la santé, la détention arbitraire, la torture, les libertés de réunion pacifique et d’association, la liberté de religion ou de croyance et le droit à l’alimentation (données au 7 avril 2022).

[2] Voir DefendDefenders et al., « Eritrea: maintain Human Rights Council scrutiny and engagement », 5 mai 2020, https://defenddefenders.org/eritrea-maintain-human-rights-council-scrutiny-and-engagement/ ; DefendDefenders et al., « Érythrée : il est indispensable de renouveler le mandat du Rapporteur spécial de l’ONU », 10 mai 2021, https://defenddefenders.org/eritrea-renew-vital-mandate-of-un-special-rapporteur/ ; CSW (Christian Solidarity Worldwide), « Eritrea: General Briefing », 22 mars 2022, https://www.csw.org.uk/2022/03/22/report/5629/article.htm (consultés le 7 avril 2022).

[3] Résolutions disponibles aux liens suivants : https://undocs.org/en/A/HRC/RES/41/1 ; https://undocs.org/en/A/HRC/RES/44/1 et https://undocs.org/en/A/HRC/RES/47/2

[4] Voir la résolution 38/15 du Conseil des droits de l’homme, disponible sur : https://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/RES/38/15

[5] Voir les rapports du Rapporteur spécial au Conseil : Documents onusiens A/HRC/41/53, A/HRC/44/23 et A/HRC/47/21.

À l’attention des Représentants permanents des États Membres et Observateurs du Conseil des droits de l’homme des Nations Unies, Genève (Suisse)

Madame, Monsieur le Représentant permanent,

À la suite du coup d’État militaire du 25 octobre 2021[1], le Conseil des droits de l’homme de l’ONU a agi promptement en décidant de tenir une session extraordinaire, le 5 novembre 2021, et d’adopter une ré­so­lution priant la Haute-Commissaire de désigner un Expert des droits de l’homme au Soudan[2].

Conformément à la résolution S-32/1, adoptée par consensus avec le soutien du Groupe des États afri­cains, le mandat de l’Expert aura cours « jusqu’au rétablissement d’un gouvernement [soudanais] dirigé par des civils ». Le Conseil a clairement indiqué que le mandat de l’Expert désigné prendra fin « lors­qu’un gouvernement dirigé par des civils sera rétabli [au Soudan] »[3].

En amont de la 50^ème session du Conseil (13 juin-8 juillet 2022), nous, les organisations non gou­ver­nementales soussignées, vous écrivons afin d’exhorter votre délégation à soutenir l’adoption d’une résolution qui assure une attention continue à la situation des droits humains au Soudan au moyen de dialogues interactifs renforcés, qui devraient se tenir lors des 52^ème et 53^ème sessions du Conseil.

Bien que le mandat de l’Expert continue d’avoir cours, une résolution est nécessaire pour que le Conseil tienne des débats publics et continue d’examiner la situation de manière formelle. Une résolution lors de la 50^ème session du Conseil opérationnaliserait la résolution S-32/1, qui dans son para­graphe 19 demande « à la Haute-Commissaire et à l’expert désigné de surveiller les violations des droits de l’homme et les atteintes à ces droits, de continuer de le tenir informé à ce sujet et de le conseiller sur les mesures supplémentaires qu’il pourrait avoir à prendre si la situation conti­nuait de se détériorer ».

*   *   *

Alors que les autorités militaires de fait consolident leur pouvoir[4] et que les violations des droits hu­mains se poursuivent, notamment à l’encontre des manifestants pacifiques[5], ainsi qu’au Darfour et dans d’au­tres régions affectées par les conflits[6], un rapport annuel de la Haute-Commissaire qui serait inclus dans ses rapports et mises à jour sous le point 2 de l’ordre du jour du Conseil, suivi d’un débat général, serait insuffisant pour maintenir un niveau adéquat d’attention envers le pays.

Le Conseil a la responsabilité d’apporter un suivi à son action résolue sur le Soudan. Il devrait s’assurer que la Haute-Commissaire fasse rapport de façon publique et régulière sur la situation des droits hu­mains et que des débats publics dédiés au Soudan continuent d’avoir lieu. La Haute-Commissaire, avec l’aide de l’expert des droits de l’homme au Soudan, devrait avoir un mandat clair pour présenter des mises à jour et des rapports sur la situation des droits hu­mains au Soudan.

L’adoption d’incidences sur le budget-programme (« PBIs ») est requise pour la présentation formelle de rapports au Conseil et la tenue de dialogues interactifs et de dialogues interactifs renforcés. Une résolution contenant les PBIs nécessaires pourrait être approchée selon une perspective technique ; elle pourrait consister en un texte procédural qui vise précisément à mobiliser des ressources budgétaires pour des rapports et des débats publics sur le Soudan.

Nous sommes d’avis que les dialogues interactifs sur la situation des droits humains au Soudan dev­raient se tenir dans un format renforcé­ pour permettre la participation de diverses parties prenantes, y compris des représentants d’agences onusiennes et de la société civile. Nous sommes également d’avis que le Conseil devrait débattre de la situation des droits humains au Soudan au moins deux fois par an. En outre, nous pensons que pour éviter tout risque de vacance ou de manque dans la réalisation de rap­­ports publics, le Conseil devrait agir dès sa 50^ème session, qui est la dernière session lors de laquelle la présentation d’un rapport écrit complet est actuellement prévue.

Par conséquent, en amont de la 50^ème session du Conseil, nous exhortons votre délégation à sou­tenir l’adoption d’une résolution qui :

• Rappelle la résolution S-32/1, en particulier sa requête à la Haute-Commissaire et à l’ex­pert désigné de continuer à faire rapport sur les violations des droits de l’homme et les at­tein­tes à ces droits commises au Soudan, et de conseiller le Conseil sur les mesures sup­plé­men­taires qu’il pourrait avoir à prendre si la situation conti­nuait de se détériorer ;
• Prie la Haute-Commissaire, avec l’aide de l’expert des droits de l’homme au Soudan, de présenter une mise à jour sur la situation des droits de l’homme au Soudan au Conseil lors de sa 52^ème session, au cours d’un dialogue interactif renforcé ; et
• Prie en outre la Haute-Commissaire, avec l’aide de l’expert des droits de l’homme au Sou­dan, de présenter au Conseil, lors de sa 53^ème session, un rapport écrit complet sur la situ­ation des droits de l’homme au Soudan, suivi par un dialogue interactif renforcé, et de continuer à faire rapport sur la situ­ation des droits de l’homme au Soudan deux fois par an.

Nous vous remercions et restons à votre disposition pour fournir à votre délégation de plus amples infor­ma­tions. Dans l’at­tente, nous vous prions de croire, Madame, Mon­sieur le Représentant permanent, en l’assu­ran­ce de notre haute considération.

1. Act for Sudan
2. African Centre for Justice and Peace Studies (ACJPS)
3. AfricanDefenders (Réseau panafricain des défenseurs des droits humains)
4. Amnesty International
5. Association of Sudanese-American Professors in America (ASAPA)
6. Atrocities Watch
7. Centre africain pour la démocratie et les études des droits de l’Homme (ACDHRS)
8. Centre mondial pour la responsabilité de protéger (GCR2P)
9. CIVICUS
10. Commission internationale de juristes (CIJ)
11. CSW (Christian Solidarity Worldwide)
12. Darfur Bar Association
13. Darfur Network for Monitoring and Documentation
14. DefendDefenders (Projet des défenseurs des droits humains de l’Est et de la Corne de l’Afrique)
15. Egyptian Initiative for Personal Rights (EIPR)
16. Fédération internationale pour les droits humains (FIDH)
17. Genève pour les Droits de l’Homme / Geneva for Human Rights (GHR)
18. Governance Programming Overseas
19. HAKI Africa – Kenya
20. HUDO Centre
21. Human Rights and Advocacy Network for Democracy – Soudan
22. Human Rights Watch
23. Institut du Caire pour l’étude des droits de l’Homme (CIHRS)
24. International Bar Association’s Human Rights Institute (IBAHRI)
25. International Refugee Rights Initiative (IRRI)
26. Investors Against Genocide
27. Journalists for Human Rights (JHR) – Soudan
28. Justice Africa Sudan
29. Justice Centre for Advocacy and Legal Consultations – Soudan
30. Kamma Organisation for Development Initiatives (KODI)
31. Lawyers for Justice Sudan
32. Lawyers’ Rights Watch Canada
33. Massachusetts Coalition to Save Darfur
34. Never Again Coalition
35. Nubsud Human Rights Monitors Organization (NHRMO)
36. Physicians for Human Rights
37. REDRESS
38. Regional Centre for Training and Development of Civil Society (RCDCS) – Soudan
39. Regional Coalition for WHRDs in MENA (WHRDMENA Coalition)
40. Rights for Peace
41. Rights Realization Centre (RRC)
42. Service international pour les droits humains
43. Sudan and South Sudan Forum e.V.
44. Sudan’s Doctors for Human Rights
45. The Sudanese Archives
46. Sudanese Human Rights Initiative (SHRI)
47. Sudanese Lawyers and Legal Practitioners’ Association in the UK
48. Sudanese Women Rights Action
49. Sudan Human Rights Monitor (SHRM)
50. Sudan Transparency and Policy Tracker
51. Sudan Unlimited
52. SUDO (UK)
53. Waging Peace

[1] DefendDefenders et al., « Soudan : Le Conseil des droits de l’homme devrait agir de toute urgence et tenir une session extraordinaire », 28 octobre 2021, https://defenddefenders.org/sudan-the-un-human-rights-council-should-act-urgently-and-hold-a-special-session/ (consulté le 10 mai 2022).

[2] DefendDefenders, « The UN Human Rights Council takes a step to address the crisis in Sudan », 5 novembre 2021, https://defenddefenders.org/the-un-human-rights-council-takes-a-step-to-address-the-crisis-in-sudan/ (consulté le 10 mai 2022).

[3] Résolution S-32/1 du CDH, Document onusien A/HRC/RES/S-32/1, disponible sur https://documents-dds-ny.un.org/doc/UNDOC/GEN/G21/319/08/PDF/G2131908.pdf (paragraphes opératoires 15 et 17).

[4] Sudan Information Service, « Sudan Uprising Report : Build up to the military coup of 25 October », 6 novembre 2021, https://www.sudaninthenews.com/political-briefings (consulté le 10 mai 2022).

[5] Human Rights Watch, « Sudan : Ongoing Clampdown on Peaceful Protesters 3 Months After Coup ; Concrete Action Needed to End Repression », 3 février 2022, https://www.hrw.org/news/2022/02/03/sudan-ongoing-clampdown-peaceful-protesters (consulté le 10 mai 2022).

[6] African Centre for Justice and Peace Studies (ACJPS), « West Darfur: 35 people killed and a dozen injured in Jebel Moon attack as security continues to deteriorate in Sudan », 24 mars 2022, https://www.acjps.org/west-darfur-35-people-killed-and-a-dozen-injured-in-jebel-moon-attack-as-security-continues-to-deteriorate-across-sudan/ (consulté le 9 mai 2022).

The 49th session of the Human Rights Council (HRC49) ended on 1 April with 35 resolutions adopted by its 47 member states on a range of country situations and thematic issues. It was held over five weeks of debates, negotiations and online events, making it the longest session in the Council’s history. The Council session took place in a hybrid model, with in-person civil society participation possible for the first time since 2020.

KEY OUTCOMES

An urgent debate on Ukraine held in the first week of the Council session was a swift response to Russia’s aggression against Ukraine, setting up a strong accountability mechanism to investigate violations and abuses of human rights and violations of international humanitarian law. The war in Ukraine represents the latest in a growing regional human rights crisis and the action taken by the Council to establish this accountability mechanism is an important step. Given the mounting evidence of atrocities, we welcome the UN General Assembly’s landmark decision on 7 April to suspend Russia from the Human Rights Council. 

The Human Rights Council established a commission of inquiry on Nicaragua which significantly advances UN scrutiny on the country and will strengthen accountability processes. The resolution establishes a group of three human rights experts with the mandate to investigate human rights violations and abuses in Nicaragua and to collect evidence for use in ongoing and future accountability efforts. Under Ortega’s government, the human rights situation in Nicaragua has reached a point of critical repression. This resolution represents a significant step towards accountability, and justice for those affected. 

A new resolution on Myanmar was adopted by consensus by the Human Rights Council which extends the mandate of the Special Rapporteur for a further year and maintains monitoring and reporting from the High Commissioner, with a focus on accountability. This resolution is a step towards preventing further violations, but accountability for past and ongoing violations in Myanmar is still remote. We urge all member and observer states of the Council to support the referral of the situation to the International Criminal Court, as recommended by the High Commissioner. Read our statement on the resolution here.

The Council adopted a resolution on human rights defenders (HRDs), which highlights the myriad roles of defenders in conflict and post-conflict settings and reaffirms that human rights defenders working in these situations require specific holistic and security protections. It urges States to create a safe and enabling environment for human rights defenders, particularly in light of their role in conflict prevention and resolution and post-conflict reconstruction, and highlights the value of relocation initiatives to protect human rights defenders from violence and attacks. The Russian Federation called a vote on the resolution, breaking the previous consensus. It was adopted overwhelmingly, with 39 ‘yes’ votes and eight abstentions. Read our statement on the resolution here.

A resolution on South Sudan was adopted, which renewed the Commission on Human Rights in South Sudan and ensured the continuation of its critical work. Read analysis from CIVICUS research partner DefendDefenders here.

STATEMENTS AT THE HUMAN RIGHTS COUNCIL

CIVICUS featured a number of priority countries and issues through various statements:

Cambodia: the Council must be prepared to take action to guarantee human rights and free & fair elections
This is a critical moment for Cambodia. If upcoming elections this year and next take place in the current climate, they will further entrench a ruling party which has proven that it will use any legislative or extra-legal means at its disposal to remain in power. There are steps Cambodia can take to improve its human rights situation ahead of elections; the Council must be prepared to take further action on Cambodia should these not be met.

Tigray: Escalating violence & restrictions to civic space requires action to protect those on the ground
Civic space in Tigray has shrunk considerably with the repression of civil society both by State and non-state actors. Telecommunications restrictions continue with the aim of controlling communication channels.  The special session in December 2021 highlighted the urgent need for investigations and accountability for the serious violations of international law, possibly amounting to war crimes, that have rocked Tigray since November 2021 and which continue to escalate.

Council must heed warning signs and address rights violations in Russia, India and elsewhere
The Council’s prevention mandate translates to a responsibility to address situations which risk deterioration in human rights. One warning sign of this is of a serious and rapid decline in the respect for civic space. The CIVICUS Watchlist, identified in this regard a number of countries of which to take note, including Russia, India, El Salvador, Tunisia, the United Arab Emirates and Kazakhstan. We call on the Council to address these worsening situations and prevent further deterioration.

The Human Rights Council should listen to the voices of those affected
The success and credibility of the Council rely on the engagement and participation of those on the frontline of human rights. The Council is stronger when it can hear the voices of those affected. It can protect and support those trying to effect positive change in extraordinarily difficult circumstances. It can create a route to justice for victims of violations and accountability for perpetrators. But it can only do so if its members uphold the highest standards in the promotion and protection of human rights.

Access all statements here. 

ADOPTION OF UNIVERSAL PERIODIC REVIEWS

The Universal Periodic Reviews of Hungary, Papua New Guinea, Tanzania and Thailand were adopted, with governments accepting a number of recommendations relating to civic space. We stand ready to monitor and support their implementation.

SIDE EVENTS

Respect, Protect and Fulfil: Guaranteeing Access to Resources as a State Responsibility
In the context of increasing civic space restrictions worldwide, the ability of civil society to operate, mobilise and take action is being undermined by cutting off this vital funding supply. This event brought together the UN Special Rapporteur on freedom of association and peaceful assembly, civil society representatives from the human rights and humanitarian sectors, with a focus on India and Nicaragua, and a donor representative to discuss the extent and impact on civil society and its work of limiting access to resources. Watch the recording here.

Equity and Inclusion of Racial, Ethnic, and Religious Minority Groups in Healthy Democracies
Members of racial, ethnic, and religious minority groups play an indispensable role in their societies by organising their communities, providing services, and advocating to ensure that government policy reflects community needs. Building upon the themes discussed during the 2021 Summit for Democracy and in commemoration of the UN International Day for the Elimination of Racial Discrimination, this event brought together State representatives, activists and researchers to highlight the importance of inclusion in democracies. Watch the recording here.

Defenders in Asia: Holding the line amid mounting challenges
In Asia, in 2021 alone, the Asian Forum for Human Rights and Development (FORUM-ASIA) documented 820 cases of violations against HRDs across 18 Asian countries. This event explored the situation of HRDs and highlight key trends of attacks against human rights defenders across Asia; and provided concrete recommendations to relevant stakeholders including civil society organisations, UN member states, UN agencies, and businesses on what can be done to support HRDs and protect them from violations and abuses. Recording available here.

Terrorising Human Rights Defenders: Counter-terrorism as a tool of repression in the MENA region
The use of vague and overly broad language in anti-terror legislation across the MENA region has facilitated the mischaracterisation of independent, legitimate human rights activities as forms of terrorism and to the arrest of countless individuals over the years, including human rights defenders, activists, journalists and lawyers on unfounded terrorism charges. This event provided UN member states with an update on the situation and to propose ways to deal with the destructive impact of these laws, practices and policies on civil society. Recording available here.

CVICUS welcomes the resolution on Myanmar adopted by consensus at the Human Rights Council’s 49th Session. The resolution extends the mandate of the Special Rapporteur for a further year and maintains monitoring and reporting from the High Commissioner, with a focus on accountability.

The resolution further reiterated the Council’s ‘full support for the people of Myanmar and their aspirations for democracy and civilian government’. To this end, and as a first step, CIVICUS calls for the immediate recognition of the National Unity Government as the legitimate government of Myanmar.

‘As the military junta gets ever more brutal in its attempts to seize control, enhanced scrutiny on the country remains vital,’ said Cornelius Hanung, Advocacy and Campaigns Officer for Asia. ‘The resolution reiterates how dangerous Myanmar’s military is to its people, particularly those who dare to speak out.’

The resolution also raises serious concerns about violence against and arbitrary detention of journalists and media workers, human rights defenders, casualty recorders, lawyers, environmental and land rights activists, health and humanitarian workers and other civilians, and condemns the disproportionate use of force against peaceful protesters. 

Over 9,000 individuals are currently in arbitrary detention in Myanmar. Some were taken in terrifying night-time raids. Others were abducted off the streets, held in secret facilities, and denied access to lawyers. CIVICUS calls on the military junta to immediately release all those arbitrarily detained. Around 1,700 people have been killed by Myanmar’s military in the context of demonstrations against the coup since last year. 

ASEAN has, to date, failed to address any of these violations; implementation of its five-point consensus peace agreement reached last year to address the crisis has stalled. The resolution called on States to cease the ‘illicit’ transfer of arms to Myanmar but fell short of calling for the full suspension of arms to the military junta. 

‘For the last year, we have seen sustained and violent attacks against those fighting for democracy in Myanmar,’ said Cornelius Hanung. ‘We call on the international community to take immediate steps to protect those on the ground, including by imposing an arms embargo on the weapons used indiscriminately against the Myanmar people.’

This resolution is a step towards preventing further violations, but accountability for past and ongoing violations in Myanmar is still remote. We urge all member and observer states of the Council to support the referral of the situation to the International Criminal Court, as recommended by the High Commissioner.

Read our statement to the Council here.

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

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

Delivered by Sibahle Zuma

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

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

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

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

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

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

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

We thank you.

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

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

Delivered by: Sibahle Zuma

Thank you Mr. President,

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

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

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

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

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

Thank you.

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

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

Item 2 General Debate

Delivered by Lisa Majumdar

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

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

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

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

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

We thank you.

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

Urgent Debate on Ukraine

Delivered by Susan Wilding

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

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

À l’attention des Représentants permanents des États Membres et Observateurs du Conseil des droits de l’homme des Nations Unies, Genève (Suisse)

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

Thank you, Madame President.

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

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

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

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

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

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

We thank you. 

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

— CIVICUS (@CIVICUSalliance) November 9, 2021

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

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

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

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

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

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

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

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

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

Key recommendations that States should make include:

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

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

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

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

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

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

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

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

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

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

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

Signatories

Organisations:

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

Individuals

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

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

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

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

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

Excellencies,

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

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

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

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

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

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

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

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

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

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

* * * * * * * * *

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

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

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

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

* * * * * * * * *

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

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

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

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

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

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

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

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

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

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

* * * * * * * * *

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

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

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

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

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

Sincerely,

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

    ---

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Human rights situations on the Council’s agenda

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

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

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

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

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

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

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

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

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

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

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

¹   Signatories :

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