The UN’s highest official principally responsible for human rights, High Commissioner Michelle Bachelet, should publicly denounce the Hong Kong Government for its systematic violations of the rights to freedom of peaceful assembly and freedom of expression, and condemn the unnecessary and disproportionate use of force by police in Hong Kong. 

The Hong Kong Police Force have systematically suppressed the right to peaceful assembly by using excessive force against individuals exercising their rights, including beating peaceful protesters and using tear gas, pepper spray, and rubber bullets. Police have increasingly denied permits for assemblies and marches and arbitrarily detained individuals for “unlawful assembly.” 

The Hong Kong and Chinese Central governments have allowed police to operate with complete impunity. No police officer has faced legal action over excessive use of force or abuse of power in connection to the violent suppression of the protests since the demonstrations broke out. In contrast, police have arrested almost 4,500 individuals in connection to the protests since June 9. There has been credible evidence of torture and ill-treatment of protestors by police in detention.

On November 19, the Office of the High Commissioner released a press briefing which stated incorrectly that the Hong Kong “authorities have by and large respected the exercise of [the] right [to peaceful assembly].” The Office of the High Commissioner failed to condemn police violence. This amounts to a denial of the extensive documentation from credible sources of violations of human rights in Hong Kong and ignores concerns raised by other UN independent experts.

According to the mandate determined by the UN General Assembly, the High Commissioner has the responsibility to “promote and protect the effective enjoyment by all of all human rights,” and to “play an active role in removing the current obstacles and in meeting the challenges to the full realization of all human rights and in preventing the continuation of human rights violations throughout the world.”

This mandate asks that the High Commissioner use her position to raise serious concerns about human rights abuses everywhere in the world. By not doing so, the Office has harmed its credibility by ignoring police brutality and the suppression of the Hong Kong people’s largely peaceful exercise of their fundamental freedoms. 

China’s Government in Beijing has increasingly signalled that it is ultimately in charge in Hong Kong. On November 16, People’s Liberation Army soldiers cleared up debris and bricks, without being invited by the Hong Kong Government to assist, as required by the Basic Law. On November 18, China’s Ambassador to the United Kingdom Liu Xiaoming said, “We [the Central Government] have enough resolution and power to end the unrest.” Holding the China-controlled Hong Kong Government accountable for its human rights abuses is a key test if the UN can resist interference in the UN human rights system by an increasingly powerful China. 

Beginning in June, millions of people in Hong Kong have publicly demonstrated against an extradition bill to Mainland China that would have undermined the separate freedoms that are enshrined in law in Hong Kong. The police have repeatedly responded to these peaceful protests with excessive force, and the protests have since morphed into a movement denouncing police violence and demanding full democratic rights for the people of Hong Kong. Police inaction in the face of attacks on protesters, journalists and bystanders at the Yuen Long MTR Station on July 21 represented a clear failure to protect the rights to life and security of persons. Journalists trying to cover the protests have faced violence, intimidation, and threats from police, including an incident in which police shot an Indonesian journalist in the face with a rubber bullet while she covered the protests, permanently blinding her in one eye. Medics and social workers providing assistance to arrestees and injured individuals have also faced police obstruction.

The political situation in Hong Kong has deteriorated since October. Hong Kong Chief Executive Carrie Lam used colonial-era emergency powers to ban face-masks at assemblies (which was later ruled unconstitutional) and police have used live ammunition to shoot three young protesters. The death of 22-year-old student Chow Tsz-lok (周梓樂) on November 8 after being injured close to a police operation sparked the most recent outbreak of violence; the campuses of Chinese University of Hong Kong (CUHK) and Polytechnic University have been turned into battlefields. While certain protestors have used violence, including petrol bombs, bricks and arrows, the Hong Kong Police Force’s response has been severe and disproportionate. Hong Kong police must distinguish violent elements from peaceful protestors and restrict the use of force to the minimum extent necessary, in accordance with the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.

On June 28, four UN independent human rights experts appointed by the UN Human Rights Council sent a communication to the Chinese Government raising concern over allegations of excessive use of force by Hong Kong police on June 12 against “overwhelmingly peaceful” demonstrators. These same four experts then issued a public statement on September 12 stating, “We are seriously concerned by credible reports of repeated instances where the authorities failed to ensure a safe environment for individuals to engage in public protest free from violence or interference.” We are disappointed that this language does not appear in the Office of the High Commissioner’s November 19 press statement. 

On August 13, the High Commissioner’s spokesperson said the Office has “credible evidence” of law enforcement officials using some anti-riot measures which are “prohibited by international norms and standards” and urged the Hong Kong authorities to “act with restraint.” The failure of Hong Kong authorities to heed this call from the High Commissioner’s office should have been raised in the latest press statement. Instead, the statement lacks a sense of proportion between the violent actions of small groups of protesters and the systematic use of unnecessary and disproportionate force by police against unarmed protesters.

The High Commissioner herself called on the Hong Kong Government to immediately carry out an “effective, prompt, independent and impartial investigation” into violence during a press conference on October 5. Hong Kong has no independent mechanism to investigate excessive use of force by authorities, as the Independent Police Complaints Council (IPCC)’s expert advisers themselves re-confirmed recently. The IPCC does not have investigatory powers such as subpoenaing documents and summoning witnesses. The Human Rights Committee, which monitors the implementation of the International Covenant on Civil and Political Rights, raised concern over the lack of independence of the IPCC to the Hong Kong Government in 2013. 

The High Commissioner for Human Rights must call on Hong Kong authorities to take concrete steps to de-escalate tensions and reduce violence on both sides - police and protesters. As a minimum first step, Hong Kong authorities must establish an independent commission of inquiry into excessive use of police force, bringing to justice any law enforcement official responsible for unlawful use of force, as well as their superior officers. Any response to allegations of violent attacks on police must be handled through a fair judicial process. Those detained solely for exercising their rights to peaceful assembly and free expression should be unconditionally released and charges against them should be immediately dropped.

This statement is endorsed by: 

Amnesty International 
Article 19 
Australia Tibet Council
Child Rights International Network (CRIN)
Chinese Human Rights Defenders (CHRD)
CIVICUS: World Alliance for Citizen Participation
Covenants Watch Taiwan
CSW (Christian Solidarity Worldwide)
Free Tibet
Geneva for Human Rights
International Campaign for Tibet 
International Movement Against All Forms of Discrimination and Racism (IMADR)
International Service for Human Rights (ISHR) 
International Tibet Network Secretariat
International Women's Rights Action Watch Asia Pacific
Safeguard Defenders
Students for a Free Tibet
Taiwan Association for Human Rights
Tibet Action Institute
Tibet Justice Center
World Organisation Against Torture (OMCT)
World Uyghur Congress 

On 6 November 2019, Fiji’s human rights record will be reviewed by UN member states as part of the 34th session of the Universal Periodic Review (UPR).  Civil society groups CIVICUS, the Pacific Islands Association of Non-Government Organisation (PIANGO), Fiji Women’s Rights Movement (FWRM) and Citizens’ Constitutional Forum (CCF) urge the Fiji government to use this opportunity to make commitments to improve civic freedoms in the country. We also call on the international community to use this opportunity to make recommendations to expand the democratic space in the country.

Civic space in Fiji is currently rated as ‘obstructed’ by the CIVICUS Monitor, a global tool tracking civic space, owing to the serious constraints on fundamental rights in the country. This is due to an array of restrictive laws that have been used to silence freedoms of opinion and expression as well as ongoing restrictions to the right to peaceful assembly.

During a country visit in February 2018, then-UN High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, said that civil society groups are facing a “narrow civic space and the suppression of dissenting voices." As documented in a joint submission to the Human Rights Council in March 2019, since Fiji’s last review in 2014, human rights defenders have continued to face harassment for undertaking their work.

Although Article 17 of the Constitution of Fiji guarantees the “right to freedom of speech, expression, thought, opinion and publication” in law, policy and practice, restrictions on the freedom of expression and media freedom persist. Sedition provisions in the Crimes Act have been used by the Fijian authorities to target the media and opposition politicians while the Public Order (Amendment) Act has also been used to harass journalists and civil society. The Media Industry Development Act (Media Act) has also created a chilling effect for media and press freedom.

The right to peaceful assembly has been arbitrarily restricted with the use of the Public Order (Amendment) Act 2014, particularly for trade unions. The Fiji Trade Union Congress were denied authorization to hold a march at least six times between 2018 and 2019, without any valid reason and often at the last minute.

Our joint submission presented a number of recommendations to the Fiji government to address these civic space concerns.

These include, among others:

• Take measures to foster a safe, respectful and enabling environment for civil society, including by removing legal and policy measures that unwarrantedly limit the right to association.
• Ensure freedom of expression and media freedom by bringing all national legislation into line with international standards.
• Halt the use of sedition, contempt for scandalising the courts and judiciary, and other laws against individuals simply for peacefully exercising their right to the freedom of expression.
• Amend the Public Order (Amendment) Act in order to guarantee fully the right to the freedom of assembly and to remove restrictions other than those provided for within the framework of international law.

Fiji’s UPR presents an opportunity for the country to make at the national level the commitments to civic space and human rights that it demonstrates at the multilateral level through its engagement with and leadership within the UN Human Rights Council and its mechanisms. We urge the government of Fiji to take this opportunity to create and maintain, in law and practice, an enabling environment for civil society, in accordance with the rights enshrined in international human rights law.

Joint statement on Maldives ahead of human rights review in 2020

Civil society groups CIVICUS and FORUM-ASIA have submitted information to the UN Human Rights Council on civic freedoms in the country ahead of its review in 2020. While welcoming the human rights improvements undertaken by the new government since it came to power, the submission highlights ongoing restrictions to freedoms of association, peaceful assembly and expression, and unwarranted restrictions on human rights defenders since its previous examination in 2015.

The UN Human Rights Council will review the Maldives’ human rights record at its Universal Periodic Review (UPR) in May 2020. This marks five years since its last review, when UN member states made 258 recommendations to the Maldivian government including 16 recommendations that directly relate to barriers to open civic space. They included protecting journalists, human rights defenders and other civil society actors and creating an enabling environment for them. Other recommendations include guaranteeing freedom of expression and the media and upholding freedom of assembly. As of today, the government has only partially implemented these recommendations.

The report welcomes the significant strides by the government in opening up the space for the exercise of fundamental freedoms, establishing a commission to probe unresolved disappearances and reviewing legislation restricting civic space since its last UPR examination We also welcome the proposed bill to protect whistleblowers. However, there are still implementation gaps with regard to the protection of human rights defenders and the freedom of expression.

Our organisations are alarmed by ongoing reports of harassment of and threats against human rights defenders and journalists, particularly by extremist groups, and the lack of effective action by law enforcement authorities. We also concerned by efforts to silence civil society groups as illustrated most recently by the decision to “temporarily suspend” the Maldivian Democracy Network (MDN), a leading human rights organization following accusations of blasphemy. This is a regressive move that sets a dangerous precedent for freedom of expression and association, and threatens the positive steps towards restoration of fundamental freedoms and human rights. The government must reverse its decision to suspend MDN, and create a safe and enabling environment for human rights defenders and organisations to carry out their legitimate work without fear of reprisals and harassment.

On freedom of expression, we welcome the repeal of the Anti-Defamation and Freedom of Expression Act, enacted in 2016, which was systematically used against the media, opposition activists and dissidents. However, we remain concerned about threats and attacks on government critics. In January 2019, Ibrahim Ismail, the chairman of Mandhu College and a former lawmaker, came under attack for criticising the sentencing of a woman to death by stoning for adultery.

The report also highlights the slow progress in undertaking comprehensive reforms of the laws related to the freedoms of association and peaceful assembly. The Freedom of Peaceful Assembly Act 2013 imposes undue limitations on assemblies and gives the police wide discretion in granting permission and must reviewed. We also urge any revisions to the Associations Act – which was often used by the previous government to stifle critical civil society groups – to be consistent with international human rights law and standards.

The Universal Periodic Review of the Maldives is an important opportunity for the Maldives to display its commitments toward human rights reforms. We have seen encouraging developments but much more needs to be done. In the lead up to the UPR review we call on the Maldives government to increase its efforts to fulfil the commitments made in the 2015 review and systematically consult with civil society on the implementation of UPR recommendations, including by holding periodical comprehensive consultations with a diverse range of civil society.

We also urge the international community to support both the people and the government of the Maldives in addressing the shortcomings in the protection of civic freedoms as well as work of human rights defenders in the Maldives. International scrutiny is necessary to sustain the improvement we have seen in the Maldives over the past year, and ensure any positive reforms made are not reversed.

The CIVICUS Monitor, an online platform that tracks threats to civil society in countries across the globe, rates the space for civil society in the Maldives as Obstructed 

For more information or to arrange an interview, please contact: Josef Benedict, CIVICUS Civic Space Research Officer,  
 

CIVICUS makes joint UN Universal Periodic Review submissions on civil society space in Honduras, Malawi and Maldives

CIVICUS and its partners have made joint and stand-alone UN Universal Periodic Review (UPR) submissions on 3 countries in advance of the 36th UPR session (May 2020). The submissions examine the state of civil society in each country, including the promotion and protection of the rights to freedom of association, peaceful assembly and expression and the environment for human rights defenders. We further provide an assessment of the States’ domestic implementation of civic space recommendations received during the 2nd UPR cycle over 4 years ago and provide a number of targeted follow-up recommendations.

Honduras (Español) - En Honduras, CIVICUS, la Red Latinoamericana y del Caribe para la Democracia (REDLAD) y la Asociación de Organismos No Gubernamentales (ASONOG) abordan sus preocupaciones relativas a la criminalización y represión de las protestas, fenómeno de larga data que afecta particularmente a estudiantes y personas defensoras del territorio y el medio ambiente, y que se intensificó en reacción a las protestas gatilladas por los cuestionados resultados de las elecciones de noviembre de 2017. El informe también aborda el tema de los persistentemente elevados niveles de violencia que hacen de Honduras uno de los países más peligrosos del mundo para las personas defensoras de derechos humanos y periodistas, y en particular para quienes denuncian la corrupción y los impactos de megaproyectos extractivos.

Malawi - CIVICUS, Centre for Human Rights and Rehabilitation (CHRR) and Centre for the Development of People (CEDEP)address unwarranted restrictions on civic space since Malawi’s last UPR examination. Acute implementation gaps were found regarding the rights to the freedoms of association, peaceful assembly and expression as well as issues relating to protection of HRDs. We remain alarmed that Malawi has failed to bring its criminal code into compliance with the principles of the International Convention of Civil and Political Rights (ICCPR) regarding criminal penalties for same-sex conduct, despite promising to uphold these agreements.

Maldives - The submission by CIVICUS, the Voice of Women Maldives and FORUM-ASIA highlights that while there have been some civic space reforms undertaken by the new government that came to power in November 2018 there are still implementation gaps. There have been ongoing reports of harassment of and threats against human rights defenders, particularly by extremist groups, and there has been a lack of effective action by law enforcement agencies. There are also concerns by the slow progress in undertaking comprehensive reforms of the laws related to the freedoms of association and peaceful assembly.

See all of our UPR submissions here.

42nd Session of the UN Human Rights Council
Response to resolution on Cambodia

CIVICUS welcomes the renewal of the mandate of the Special Rapporteur on Cambodia in a resolution which was passed by consensus today. As the country’s human rights situation is deteriorating and space for freedom of expression, peaceful assembly and association is decreasing, international scrutiny is more important than ever. 

However, the resolution was also a missed opportunity for the Human Rights Council to push for substantive change on the ground. At a time when the human rights situation in the country is regressing, a strong resolution providing for enhanced monitoring and reporting mechanisms would have shown that the Council will not accept sustained violations of fundamental freedoms. 

‘This resolution does not go far enough towards bringing to account the perpetrators of human rights violations, or to provide a remedy for victims and their families,’ said Lisa Majumdar, Advocacy Officer with CIVICUS. 

‘Cambodia’s human rights situation has deteriorated over the past four years and international action so far has been inadequate. This resolution could have an important moment to step up scrutiny of the authorities and show Cambodian human rights defenders that they are not alone.  Instead it sends a signal that the Cambodian government can continue to violate rights with impunity’, said Lisa Majumdar.

We welcome the acknowledgement in the resolution of the ‘chilling effect’ over civil society and independent voices following the murder of human rights defender and analyst Dr Kem Ley, although disappointed that the resolution did not name him, and we reiterate calls for a full, independent and transparent investigation into his death. Such a chilling affect has been compounded by repressive laws, misuse of the justice system, online and offline intimidation, and the shutdown of independent media outlets.

However, we are concerned by references in the resolution to Cambodia’s ‘efforts and progress’ in enforcing basic laws such as the criminal code and the criminal procedure code. Not only should this be a baseline standard to meet, but there are multiple cases of Cambodian courts continuing to misuse both laws in order to judicially harass and in some cases imprison human rights defenders, land activists, and opposition supporters. Cambodia’s manipulation of the justice system to serve political goals should be the subject of reform, not praise.

The Special Rapporteur on Cambodia presented her latest report to the Council earlier this week. The report detailed the regression in the country’s political situation as well as some steps it has taken towards meeting sustainable development goals and outlining recommendations. 

We call on the Cambodian government to restore full fundamental freedoms in line with the report's recommendations, and to implement recommendations from its UPR held earlier this year.

42nd Session of the UN Human Rights Council
Response to resolution on Sudan

CIVICUS welcomes the resolution on Sudan passed by the Human Rights Council this afternoon. Although it did not provide the international investigation of human rights violations since 2018 that civil society had called for, it extended the mandate of the Independent Expert on Sudan and kept the country under international scrutiny at this critical time. 

We further welcome the Memorandum of Understanding signed between the UN Office of the High Commissioner of Human Rights and the transitional Sudanese government, and we hope this proves a collaboration which will lead to substantive human rights gains in the country. 

‘There is still a long way to go for human rights in Sudan, and we hope that these steps by both the international community and the transitional authorities on the ground prove the first steps towards ensuring full accountability for past human rights violations, as well as creating a safe enabling environment for civil society, human rights defenders and independent media in the country,’ said Paul Mulindwa, Advocacy Officer for Africa at CIVICUS.

We reiterate calls on the transitional government of Sudan to to ensure the release of detained activists, work towards locating missing individuals from the 3 June sit-in dispersal, and refrain from using force against peaceful protesters and instead protect their right to freedom of expression, and work toward an effective and peaceful transition toward democracy. Read our earlier statement at the UN Human Rights Council here.

42nd Session of the UN Human Rights Council
Response to resolution on reprisals

CIVICUS welcomes the new resolution on reprisals, passed by the Human Rights Council this afternoon, which detailed trends and patterns in reprisals and identified the increased risk for those most marginalized. 

The latest report to the Human Rights Council on reprisals – presented to the Council by the Assistant Secretary-General of the UN last week – showed that reprisals against activists continue unabated, without accountability. This undermines the strength of the entire United Nations when its member states persecute and punish those that provide evidence and testimonials of human rights abuses. 

The UN depends on information from the ground in order to fulfil its mandate of protecting human rights. Every act of reprisal, including those detailed in the latest report as well as the countless others that go unreported, is a direct challenge to this. We were particularly concerned to see 13 Human Rights Council members listed in the report as perpetrators of reprisals, and reiterate calls for a mechanism which imposes real political costs and accountability for states that engage in reprisals.

Several hostile amendments to the resolution were tabled by Russia, but were defeated by the Human Rights Council. We welcome the strong statements made by a number of states today in support of the resolution, and we call on states, and the UN bodies, to step up their efforts to both prevent and address reprisals.

Read our statement to the Human Rights Council here.

42nd Session of the UN Human Rights Council
Response to resolution on Burundi

CIVICUS and members welcome the renewal of the Commission of Inquiry on Burundi. It is a crucial time for the country with elections coming up next year, and we particularly welcome the enhanced focus on rights violations in the context of the elections.

This will ensure that the country remains under international scrutiny over the election period, and will help ensure accountability and justice for human rights violations. The Burundi government has still not granted access to the Commission of Inquiry, but the renewal of the mandate has shown that obstructionism, indifference, and threats made by the Burundi government against the UN will not go rewarded.

‘This is a critical time for Burundi as the human rights situation continues to worsen. The work of the Commission of Inquiry is needed now more than ever and we welcome its ongoing work,’ said Cyriaque Nibitegeka, lawyer and human rights defender.

We applaud the 23 states that voted for the resolution for their support to human rights defenders and wider civil society in Burundi.

We reiterate calls to the Burundian government to to fully cooperate and allow access to UN Human Rights Council mechanisms, including the Commission of Inquiry, and to release detained human rights defenders as a matter of urgency. Read our statement to the Human Rights Council here.

42nd Session of the UN Human Rights Council
Statement on the situation of human rights in Sudan

CIVICUS and the Sudanese Development Initiative are encouraged by the agreement reached between the Forces for Freedom and Change and the Transitional Military Council on 5 July 2019.  We applaud the African Union and Ethiopia for their role in mediating the Sudanese-led talks and the Inter-Governmental Authority on Development (IGAD) for its support to the process.

Consequently, there has been some improvement, albeit minimal, in the human rights situation in Sudan. There are reports of activists and human rights defenders facing intimidation, arrests and government surveillance as well as Sudanese militia continuing to use excessive force to respond to peaceful protests. 

Security personnel who used excessive force in June 2019 against peaceful protesters have not been held accountable and brought to justice. We are outraged that four school children were among five people shot dead by security forces during a peaceful protest in the Sudanese city - El-Obeid on 29 July 2019. 

Mr. President, CIVICUS welcomes the agreement reached in August 2019 which includes a commitment to conduct an investigation into the violence perpetrated against peaceful protesters in June 2019. However, for sustainable peace and stability in Sudan, it is imperative for an independent, impartial and transparent investigation be immediately conducted into violations and abuses committed in relation to peaceful protests since December 2018 to ensure justice to all victims of such violence. 

We call on the transitional government to ensure the release of detained activists, work towards locating missing individuals from the 3 June sit-in dispersal, and refrain from using force against peaceful protesters.  The transitional government should move away from Sudan’s turbulent past by  protecting  the right to freedom of expression for all persons, and work towards an effective and peaceful transition toward democracy.

We urge the Sudanese authorities and citizens to continue their commitments and spirit of dialogue in addressing all the underlying causes of the protests which has resulted in this historic revolution. 

We call on the Council to renew the mandate of the Independent Expert at this critical time, and we ask the Independent Expert on Sudan what steps the international community, including the Human Rights Council, should be taking to address the ongoing human rights violations in Sudan, and to ensure accountability for perpetrators and justice for those affected since December 2018?

42nd Session of the UN Human Rights Council
Joint statement during interactive dialogue with the Special Rapporteur on Cambodia

CIVICUS and the Cambodian Center for Human Rights welcome the Special Rapporteur’s report. We are alarmed that the situation of civic space in the country is worsening, with individuals and organisations attacked for raising human rights abuses, while Cambodians face ever-decreasing levels of freedoms of expression, association and peaceful assembly.

In July this year, authorities detained two youth activists, Kong Raya and Soung Neakpoan, who participated in a commemoration ceremony on the third anniversary of the murder of prominent political commentator Kem Ley in Phnom Penh. Other peaceful protests have been blocked or restricted. In recent weeks, two local human rights organizations – LICADHO and Samakum Teang Tnaut STT – were called in for questioning by the government after releasing a report on the human rights impact of micro-finance loans; the director of a third CSO – Transparency International Cambodia – was also called in for separate comments he made in a newspaper.

We echo the Special Rapporteur’s comments that ‘judicial institutions are themselves key to ensuring accountability in society’. Given this, we are dismayed that such institutions continue to be used by the government to silence human rights defenders and others who dissent. Such lack of justice at the national level calls for heightened international scrutiny.

The dissolution of the main opposition party in 2018 has effectively transformed the country into a one-party state and undermines democratic space. At least 150 opposition activists have been detained or otherwise judicially harassed since 2018, six in the last week alone.

As highlighted by the Special Rapporteur, Cambodia’s press freedom indices continues to fall. Independent media outlets perceived as critical towards the government were subject to a severe crackdown in 2017 and 2018 through threats and sanctions including shutdowns, and the environment for independent media remains fraught with danger. Two RFA journalists, Yeang Sothearin and Uon Chhin, face up to 16 years in prison for baseless espionage charges. Their verdict is pending.

Cambodia participated in the third cycle of the UPR process earlier this year, committing to various human rights reforms. During its review, CSOs highlighted that this should be the first step towards improving the deteriorating human rights situation. Developments on the ground since these commitments were made does not bode well for their fulfillment.

With independent media all but quashed and civic space under threat, international scrutiny is all the more urgent. At a minimum, the mandate of the special rapporteur must be renewed. But to see real change in Cambodia, the situation merits enhanced monitoring and reporting from the High Commissioner of Human Rights, to outline benchmarks the government must meet to comply with its international human rights obligations.

Cambodian civil society deserves, and needs, international support. We ask the Special Rapporteur where the international community, including the Council, can exert pressure in order to ensure a substantive improvement of civic space, and whether she sees any avenue for Cambodia’s human rights record to improve substantively, given its current political framework.

We also use this opportunity to call on the Human Rights Council to pass by consensus the resolution on Cambodia tabled during this Session.

ARABIC

42nd Session of the UN Human Rights Council

The Gulf Centre for Human Rights (GCHR) and the Free Saudi WHRDs Coalition* praise the significant joint statement which was delivered  by Australia on behalf of a cross-regional group States expressing their concern over the persecution and intimidation of activists, including women human rights defenders, as well as in relation to reports of torture, extrajudicial killing, enforced disappearances, unfair trials, arbitrary detention and impunity. It calls on the Saudi government to end impunity, including for the murder of Saudi journalist Jamal Khashoggi, accept visits by UN experts, end the death penalty and ratify international human rights treaties.  

During the same debate, the sister of woman human rights defender Loujain Al-Hathloul, Lina Al-Hathloul called on the UN Human Rights Council to help her hold those who tortured her sister accountable, and secure her immediate and unconditional release.  

Since March 2019, the Council has increased its scrutiny of Saudi Arabia, when Iceland delivered the first ever joint statement on the country. In June 2019, the Special Rapporteur on extrajudicial and summary executions Dr. Agnes Callamard presented to the Council her investigation which found the State of Saudi Arabia responsible for the murder of Saudi journalist Jamal Khashoggi in the Saudi consulate in Turkey in October 2018. The UN expert urged States to act immediately to ensure accountability for Khashoggi’s murder and guarantee non-repetition. 

“In less than a year this is the second joint statement delivered during the HRC, regarding Saudi Arabia human rights violations. Beyond its content, the statement sends a strong message to the authorities that torturing and intimidating Women Human Rights Defednders is unacceptable and can’t be whitewashed with the progressive enhancements in the country; and that impunity is no longer an option. Saudi Arabia should be reminded that the gravity of the state’s systematic actions has irreversible consequences on the victims and their families, and that accountability, justice and reparations are among its international obligations” Said Weaam Youssef, GCHR Women Human Rights Defenders Programme Manager.

GCHR as part of the Coalition of Free Saudi Women Human Rights Defenders has been advocating for the immediate and unconditional release of Saudi women’s rights activists who have been detained since mid-May 2018. Some of them have been tortured and sexually harassed; but no one was held accountable.

“Saudi Arabia, as a member of the Council, should listen to its peers and immediately and unconditionally release all the women’s rights activists, drop all charges against them and guarantee that they can continue their activism without any fear or threat of reprisals”, demanded the Coalition.

The statement has set out a list of measures that Saudi Arabia should take to demonstrate its political will to engage in good faith with the Council and improve its human rights record. They include:

• Ending the persecution and intimidation of activists, journalists, dissents and their family members;
• An end to impunity for torture and extrajudicial killings, including establish the truth and accountability for the murder of Saudi journalist Jamal Khashoggi;
• End its use of the death penalty;
• Accept visits by relevant UN Special Procedures;
• Ratify the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.

Read the joint statement here and watch Lina Al-Hathloul's statement here. 

The States who signed on the joint statement are: Belgium, Canada, Croatia, Denmark, Estonia, Finland, Germany, Iceland, Ireland, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, Montenegro, Netherlands, New Zealand, Norway, Peru, Slovakia, Slovenia, Sweden, The United Kingdom.

*The Free Saudi WHRDs Coalition is: Women’s March Global, the Gulf Centre for Human Rights, CIVICUS, Equality Now, MENA Women Human Rights Defenders Coalition and Americans for Democracy & Human Rights in Bahrain and ISHR

42nd Session of the UN Human Rights Council
Joint statement on Ethiopia's adoption of Universal Periodic Review on Human Rights

Mr President, CIVICUS and Association for Human Rights in Ethiopia (AHRE) welcome the government of Ethiopia’s engagement with the UPR process and particularly for accepting 131 out of 327 UPR recommendations. We also welcome the gradual reopening and operational civic space for civil society organisations (CSOs) in Ethiopia; and the Declaration of Peace and Friendship signed between Ethiopia and Eritrea in July 2018, in a continued spirit to make progress towards achieving sustainable peace in the region.

Notwithstanding some positive developments, we regret that since the UPR review in January 2019, recommendations pertaining to civic space and fundamental freedoms have not been fully implemented by the Ethiopian government. We also note with concern that institutional and legal impediments for sustained political space remain an encumbrance to the development of a vibrant civil society. Independent investigations and accountability for perpetrators of years of human rights violations, including torture and extrajudicial killings of dissidents and protesters, remain insufficient.

These restrictions have recently led to the closure of the Sidama Media Network (SMN) and the arrest and illegal detention of two of its managers and two board members in 18 July 2019. Such actions are illustrative of the government’s failure to systematically implement UPR recommendations pertaining to freedom of expression.

Mr President, we are deeply concerned by the government’s failure to adequately respond to ethnic tensions across a number of regions that recently saw the Amhara regional governor and two other government officials killed in June 26, 2019. About 820,000 people were uprooted in Gedeo district and 150,000 in the bordering West Guji zone of Oromia when the violence flared in 2018 remain displaced with deplorable human rights situations. We remain equally alarmed by ethnic violence on 18 July in the Sidama zone leading to the displacement of more than 900 people, mostly women and children.

Mr President, AHRE and CIVICUS call on the Government of Ethiopia to immediately and urgently take proactive measures to implement all UPR recommendations, particularly those pertaining to efforts to address intercommunal violence, and ensure protection of people displaced by interethnic disputes.

42nd Session of the UN Human Rights Council
Joint statement on Qatar's adoption of Universal Periodic Review on Human Rights

CIVICUS and the Gulf Centre for Human Rights note that since its 2nd UPR cycle in 2014, Qatar acceded to the ICCPR and the ICESCR as a major step towards realizing human rights in the country. However, there remain critical gaps in implementation, particularly around civic space. Of the 31 recommendations related to civic space, 24 were accepted and seven were noted. However, Qatar has not implemented 13 of these recommendations, including to revise all laws which restrict freedom of assembly and association.

Mr President, civic space in Qatar remains closed. Law No. 12 of 2004 and Law No. 18 still place considerable hurdles, restrictions and fines on civil society looking to form associations or peacefully assemble. Furthermore, while revisions have been made to Qatar’s Kafala (sponsorship) system, authorities continued to place limitations on the rights of foreign workers to join unions or engage in peaceful strike action.

Human rights defenders continue to face restrictions in their work. On 28 April 2018, Dr Najeeb Al-Nuaimi, a well-known human rights lawyer who voluntarily defends prisoners of conscience in Qatar, received the latest in a series of travel bans. Few human rights defenders confidently continue their work under the constant threat of detainment. Furthermore, freedom of expression remains under threat in Qatar. On 16 April 2019, authorities arbitrarily closed the Doha Centre for Media Freedom, an organization committed to freedom of expression.

Moreover, the 2014 Cybercrimes Prevention Law places heavy penalties on journalists and researchers including fines of up to a maximum of 500,000 Riyals (approx. US$137,500) and prison sentences ranging from one to 10 years. We are therefore concerned that Qatar did not accept a number of recommendations under this UPR cycle relating to online expression, including to reform the repressive Cybercrime Law.

Mr President, in this context, civic space remains under constant threat in Qatar. We call on the government to fully adopt and implement the provisions of the ICCPR and ICESCR into national legislation as per their obligations, and take all the necessary steps to protect and promote civic space both in law and in practice in the country, by implementing all UPR recommendations related to these rights.

42nd Session of the UN Human Rights Council
Joint statement on Equatorial Guinea's adoption of Universal Periodic Review on Human Rights

Mr President, EG Justice, Centro de Estudios e Iniciativas para el Desarrollo, ONG – Cooperación y Desarrollo, and CIVICUS welcome the government of Equatorial Guinea’s engagement with the UPR process and particularly for accepting 202 of 221 UPR recommendations.

We regret that since its last examination, recommendations pertaining to safeguarding civic space and fundamental freedoms have not been implemented by the Equatorial Guinean government. Serious restrictions to freedom of peaceful assembly, association, and expression have increased. And the general situation of human rights has worsened.

We are deeply concerned by the government’s recent pronouncements that it has closed the Center for Studies and Initiatives for the Development of Equatorial Guinea (CEID) – one of the few civil society organisations raising concerns over human rights violations. Human rights defenders, activists and members of the political opposition continue to be subjected to violence, repression, intimidation, arbitrary arrests, detention and harassment. Human rights defender Alfredo Okenve was brutally assaulted by security agents in November 2018 and was arrested and his movement restricted in March 2019 after he was invited to receive an award for his human rights activities. In February 2019, activist Joaquin Elo Ayet was arbitrary arrested, tortured and detained for an extended period without charges for his campaigns against corrupt practices and human rights violations.

Freedom of expression is severely constrained as most media outlets are controlled by the state or the family of President Teodoro Obiang Nguema and the intimidation and harassment of journalists force many to self-censor. Freedom of association is restricted by onerous registration processes for civil society and the refusal of the government to recognize labour unions.

EG Justice, Centro de Estudios e Iniciativas para el Desarrollo, ONG – Cooperación y Desarrollo, and CIVICUS call on the Government of Equatorial Guinea to immediately and urgently take proactive measures to implement all UPR recommendations, particularly pertaining to removing restrictive laws and practices that undermine civic space, and to create an enabling environment for journalists and human rights defenders and activists to work without fear of reprisals.

42nd Session of the UN Human Rights Council
Joint statement on Nicaragua's adoption of Universal Periodic Review on Human Rights

Red Local and CIVICUS welcome the government of Nicaragua's engagement with the UPR process.

However, our joint UPR submission documents that since its previous review Nicaragua has not implemented any of the 26 recommendations it received relating to civic space, 17 of which concern freedom of expression and access to information. We also regret that during the current cycle, recommendations regarding the provision of access to and cooperation with regional and international human rights mechanisms, the investigation of human rights abuses perpetrated against demonstrators, and the safety and freedom of jailed journalists and HRDs were not accepted by the government.

As detailed in our submission, Nicaraguan legislation still treats slander and insult as criminal offences, and the freedom of the press continues to be limited by the manipulated allocation of official advertising, denial of access to cover government activities, tight control of the flow of information from the top of the state apparatus, and media concentration in the hands of the presidential family and their allies. Acts of explicit censorship have also been recorded.

As also documented in our submission, legislation regulating the establishment, operations and dissolution of CSOs is applied arbitrarily, with the aim of hindering and intimidating the staff of independent CSOs, which have also been affected by legal or de facto restrictions on receiving external funding and sustaining international collaboration. Land rights defenders, women’s and LGBTI rights activists, journalists and bloggers are also routinely stigmatised, harassed, criminalised, arbitrarily arrested and physically attacked.

The exercise of freedom of peaceful assembly is subjected to de facto and legal barriers, from authorisation requirements to hold demonstrations and a Sovereign Security Law that broadly defines security threats to criminalise common tactics of protest movements, to the illegal use of excessive and deadly force against demonstrators, which between April and August 2018 resulted in at least 300 people killed.

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

42nd Session of the UN Human Rights Council
Joint Statement: 20 NGOs express support for the Coordination Committee’s process to strengthen the work of the Special Procedures

We deliver this statement on behalf of 20 NGOs. 

We note the concerns in the Declaration of the Special Procedures’ mandate holders at the Annual Meeting 2019 and share their concern about the global retrenchment against the values and obligations embedded in international human rights law and the challenges they spell out with regard to non-cooperation. 

We also express appreciation for the process set in place by the Special Procedures Coordination Committee to discuss ways in which the work can be strengthened including by seeking input from a wide range of stakeholders. This process presents the most appropriate way to ensure the effectiveness of the Special Procedures in protecting and promoting human rights, and to discuss ways to strengthen cooperation and address situations where there may be concerns regarding the actions of individual mandate holders. 

We hope that this process will also provide an opportunity to discuss issues of chronic underfunding, non-cooperation of States with the Special Procedures, acts of reprisal and intimidation against human rights defenders and ad hominem attacks against mandate holders and how to make non-cooperation including selective cooperation by states more costly. 

Amnesty International
Asian Forum for Human Rights and Development (FORUM-ASIA)
Association for Women’s Rights in Development
Cairo Institute for Human Rights Studies
Center for Reproductive Rights
Child Rights Connect
CIVICUS: World Alliance for Citizen Participation 
Colombian Commission of Jurists
Defence for Children International 
Geneva for Human Rights
ILGA World
International Bar Association’s Human Rights Institute
International Commission of Jurists
International Movement against All Forms of Discrimination and Racism (IMADR)
International Service of Human Rights
Peace Brigades International
Sexual Rights Initiative (SRI)
Swedish Association for Sexuality Education
Women’s International League for Peace and Freedom (WILPF)
World Organisation Against Torture (OMCT)

42nd Session of the UN Human Rights Council
Statement during Adoption of the UPR report of the Republic of Côte d’Ivoire

Mr President, CIVICUS welcomes the government of Côte d’Ivoire’s engagement with the UPR process. We also welcome improvements in the environment for CSOs and HRDs since the end of the conflict that engulfed the country from 1999 to 2011, in particular the adoption, in February 2017, of the Decree implementing the Law on the Protection of Human Rights Defenders.

However, in our joint UPR submission, we documented that, since its last review, the government of Côte d’Ivoire has not implemented most of the recommendations on civic space.

One year before the presidential elections in October 2020, there are concerns of increasing intolerance towards dissenting voices, in particular threats, attacks and arbitrary arrests of civil society activists, bloggers and trade unionists. On 23 July 2019, six members of civil society coalition ‘Les Indignés’ were arbitrarily arrested in front of the offices of the Electoral Commission. Aristide Ozoukou of the Coordination of Students of Côte d’Ivoire was arrested on 9 February 2019 after making a Facebook post in which he called for students to stay at home following a strike of teachers. Online activist Soro Tangboho was sentenced, in appeal, to a prison sentence of two years for « disturbing public order » and « incitement to xenophobia ».According to the activist, he was arrested on 8 November 2018 while livestreaming a video on Facebook of police officers racketeering car drivers.

Additionally, the right to freedom of peaceful assembly has at times been denied, particularly to the political opposition. An opposition protest, planned for 5 August 2019 in Sanguoine was banned by local authorities. In April 2018, 18 protesters were sentenced to 12 days in prison and a fine for ‘disturbance of public order’ for participating in an opposition protest, calling for a reform of the Independent Electoral Commission.

CIVICUS remains concerned about the high fee of 10 USD for citizens to obtain a National ID Card, which is required for enrolment on the electoral list. 

We call upon the government to conduct independent investigations for all violations committed against journalists, human rights defenders, trade unionists and wider civil society, including break-ins into the offices of human rights organisations, and to bring perpetrators to justice. 

Mr President, CIVICUS invites the Government of Côte d’Ivoire to take proactive measures to address these concerns and implement recommendations to create and maintain, in law and in practice, an enabling environment for civil society.

42nd Session of the UN Human Rights Council
Statement during interactive dialogue with the Assistant Secretary General on Reprisals

We thank the Assistant Secretary General for presenting this essential report which shows that acts of reprisals are not aberrative, but rather are calculated steps taken to prevent human rights defenders from exposing human rights violations. The UN depends on information from the ground in order to fulfil its mandate of protecting human rights. Every act of reprisal, those detailed in this report and the countless others that go unreported, is a direct challenge to this.

But reprisals continue unabated, without accountability, and with a direct impact on the efficacy of the UN as a whole. We are particularly concerned to see council members listed in this report.

Saudi Arabia, Bahrain, Egypt and the Philippines, particularly, show patterns of reprisals. We remain deeply concerned by the arbitrary detention and treatment of Ms. Samar Badawi and Ms. Loujain Al-Hathloul following their engagement with CEDAW. In the Philippines, we are seriously concerned by the attacks and threats against CIVICUS member Karapatan. Last week, FIND, a Philippines group advocating for the right of families of disappeared, was smeared by a representative of the government online following a side event highlighting the situation – and this was by no means the first time that human rights defenders have been attacked within this building for engaging with the Council. We echo the report’s recommendation that states commit to addressing reprisals in practice through the universal periodic review mechanism. However, we note that a number of cases outlined in the report actually came as a direct result of engagement with the UPR process: the cases of Nguyen Thi Kim Thanh in Viet Nam; of staff members of the international non-governmental organization Chinese Human Rights Defenders; of the New Generation of Human Rights Defenders Coalition in Kazakhstan; and of Malaysian human rights defender Mr. Numan Afifi. 

The report shows reprisals at every stage of engagement, including attempts by state representatives on the Economic and Social Council to block accreditation of NGOs working on human rights. This pre-emptive weakening of civil society engagement with the UN represents yet another deliberate curtailment of civic space. 

We ask the Assistant Secretary General: what possibility does he foresee for real political costs and accountability for states that engage in reprisals, particularly those who are repeat perpetrators? 

And how can the UN and its related bodies take action to protect human rights defenders on the ground?

42nd Session of the UN Human Rights Council
Countries of concern

Civic space restrictions often precede wider human rights abuses. In order to prevent further repression, we would like to draw the Council’s attention to the following:

Last year, several civil society organisations raised Tanzania’s worrying decline in respect for fundamental freedoms. Now, sweeping new legislation, rushed through its parliament in June, places new punitive restrictions on CSOs in the country. As the situation deteriorates further, the time left for the Council to take preventative action is running out.

In Honduras, the government’s violent response to peaceful protests have left at least three dead, including a 17-year-old student, and many more injured. Honduras has become one of the world’s most dangerous countries for human rights defenders facing constant violence, criminalization, and slander. 

The past 40 days have seen severe restrictions to fundamental rights in Kashmir. Sweeping internet blackouts have had serious implications on freedom of expression and access to information. There have been reports of restrictions on movement and numerous ongoing arrests, including of activists, and we call on the Council to establish an independent international investigation into allegations of human rights violations.

We are concerned that elections in Kazakhstan were marred by serious restrictions to freedom of peaceful assembly and of expression. Crackdowns on protests related to the elections, and persecution of journalists, marked yet another regressive measure to silence dissent in Kazakhstan.

Finally, CIVICUS remains deeply concerned about the situation in Saudi Arabia. At the last Council Session, we joined other CSOs to call for a monitoring mechanism in Saudi Arabia. No action has been taken, women human rights defenders remain detained, the space for participation remains virtually non-existent, and investigations into the killing of Jamal Kashoggi remained shrouded in lack of transparency. It is past time for the Council to take action on Saudi Arabia and we reiterate calls on the Council to address human rights violations with the utmost urgency.

42nd Session of the UN Human Rights Council
Statement during Adoption of the Universal Periodic Review report of the Democratic Republic of Congo

The Ligue des Droits de la personne dans la région des Grands Lacs (LDGL) and CIVICUS welcome the government of DRC's engagement with the UPR process. We also welcome some positive initial steps with regards to civic space taken by President Félix Tshisekedi during his first nine months in office, including his commitment to release more than 500 political prisoners. 

In our joint UPR Submission, we documented that since its last review, DRC has not implemented, nor taken any concrete steps to implement, recommendations relating to civic space. We welcome the government’s acceptance of recommendations on civic space in this UPR cycle, and look forward to their implementation, although we regret that the DRC did not accept recommendations relating to engagement with Special Procedures mandate holders. 

Press freedom in DRC is seriously hampered by restrictive legislation, which contains provisions criminalizing press offenses. Journalists are subjected to threats, intimidation, physical attacks, arbitrary arrest and judicial prosecution, with almost complete impunity. TV reporter Steeve Mwanyo Iwewe was sentenced on 1 March 2019 to one year in prison – later reduced to a six- month suspended sentence - on charges of ‘insulting authorities’ while he covered a protest of local state employees.

Under the former administration, protests were systematically banned, protesters arbitrarily arrested and often met with excessive force by security personnel, leading to hundreds of deaths. Although protests are no longer systematically banned, excessive use of force, including the use of live ammunition, is still a recurrent issue. One person was killed during opposition protests in Kinshasa and Goma on 30 June 2019.

Some restrictive draft legislation should be amended or withdrawn. The draft law on the protection of HRDs contains restrictive provisions and limitations that are not in line with the UN Declaration on Human Rights Defenders. The draft modifying the Law on Associations would restrict civic space if approved in its current state. 

Mr President, the DRC’s UPR review provides an opportunity for the DRC to put into practice its promises. LDGL and CIVICUS call on the Government of DRC to take proactive measures to implement recommendations relating to create and maintain, in law and in practice, an enabling environment for civil society.

42nd Session of the UN Human Rights Council
Interactive Dialogue with the Commission of Inquiry on Burundi

CIVICUS and independent Burundian civil society organisations welcome the important work of the UN Commission of Inquiry on Burundi, and specifically this report which provides critical oversight of the human rights situation in the country.

As the report makes clear, the human rights situation in Burundi remains dire and continues to worsen. Sustained monitoring and reporting is vital. The civic space in Burundi is closed, with independent and critical voices, including civil society organisations and human rights defenders, particularly targeted. We remain deeply concerned that the sentencing of human rights defender Germain Rukuki was upheld by the Court of appeals in July 2019.

Burundi is scheduled to hold elections in 2020. The fragile pre-electoral context and rising political tensions are likely to give rise to further human rights violations. We are particularly alarmed by the political intolerance of the ruling party’s youth wing “Imbonerakure” of political opposition members. Offices of political opposition parties have been burned or destroyed and members of those parties arbitrarily detained.

In light of the banning of international media and unwarranted restrictions imposed on independent private media in Burundi, it is imperative that human rights violations are documented by the international community. We urge the Council to renew the Commission’s mandate to ensure continued monitoring and documentation of the human rights situation in Burundi, especially ahead of the 2020 election, as limited civic and democratic space in the country hinders independent and critical sources of information. The renewal of the Commission’s mandate would make clear that obstructionism, indifference, and threats made by the Burundi government against the UN are not rewarded.

We call on the government of Burundi to fully cooperate and allow access to UN Human Rights Council mechanisms, and we ask the Commission of Inquiry what further support they need from the Human Rights Council to continue and strengthen their work?

ARABIC

NGOs: Alarming trend of intimidation and reprisals on UN premises must be addressed urgently
Joint Letter

On August 23, 2019, 23 NGOs wrote to the United Nations Assistant Secretary-General for Human Rights (ASG), the President of the Human Rights Council (HRC), and the Special Rapporteur on the situation of human rights defenders, to raise concerns over an alarming pattern of intimidation and reprisals faced by members of civil society during sessions of the Human Rights Council and Treaty Bodies. 

The letter calls on the ASG to raise this issue during his speech before the HRC on September 19, 2019, and urges the OHCHR to take measures to ensure that such acts of reprisals are not repeated in the future.

To: Mr Andrew Gilmour, Assistant Secretary-General for Human Rights; H.E. Mr Coly Seck, Permanent Representative of Senegal and President of the Human Rights Council; Mr Michel Forst, Special Rapporteur on the situation of human rights defenders

Mr Gilmour, 

We, the undersigned organisations, write to raise deep concerns about a consistent pattern of intimidation and reprisals faced by members of civil society from around the world during sessions of the Human Rights Council (HRC) and the Treaty Bodies. We are particularly concerned by acts of intimidation perpetrated by representatives of and individuals affiliated with government parties. 

During the 41st session of the HRC, staff of Permanent Missions and individuals wearing non-diplomatic badges, who were later verified as working with UN Member and Observer States, attended our side-events, and blatantly eavesdropped on our conversations, recorded our comments, took photos and videos of the audience, and made threatening gestures and remarks. 

We are all the more concerned as this is not the first time that human rights defenders and other individuals engaging with the HRC have faced acts of harassment and intimidation. Rather, these tactics are part of a consistent and systematic pattern of behaviour that we have unfortunately come to anticipate and expect at every session of the HRC. 

Furthermore, HRDs engaging with the Treaty Bodies also face intimidation and reprisals perpetrated by representatives of and individuals affiliated with government parties. There have been multiple instances of so-called “GONGOs” – governmental non-governmental organisations – registering for confidential and closed briefings with Treaty Bodies’ members. This allows them to know exactly who among civil society is present during these briefings. There has also been cases of briefings that have been filmed without the permission of NGOs. 

What is more, governments’ support given to GONGOs means that they are often granted consultative status with the UN. On the contrary, independent NGOs continue to be denied the ECOSOC status, demonstrating that reprisals against HRDs also occur within the UN system. In addition, the proliferation of GONGOs both at the HRC and Treaty Bodies, allows them to influence the discourse about human rights in a particular state or region, thus minimising the real issues at stake. 

The aforementioned acts of harassment and intimidation are concerning not only because they create an atmosphere of fear and self-censorship, but also because numerous human rights defenders who have travelled to Geneva to participate in HRC or Treaty Body sessions have faced reprisals upon their return to their countries as a direct result of this. As such, we take these acts of intimidation very seriously and submit that they may result in further acts of retaliation.

We note with appreciation that the current president of the HRC, his Excellency Mr Coly Seck, Permanent Representative of Senegal, addressed some of the issues raised in this letter during the final meeting of the 41st session of the HRC. He expressed his concern that “civil society organisations continue to face intimidation and reprisals” and pointed out that a number of cases had been reported to him, including of verbal harassment and unauthorised photographs taken during side-events. He emphasised that “any acts of intimidation against any individual or group that attempts to cooperate with the Human Rights Council is unacceptable”, and reminded Member and Observer States of their responsibility to ensure that civil society operate in a safe space. 

In addition, in July 2019, Unrepresented Nations and Peoples Organisation, working in conjunction with the University of Oxford, Tibet Justice Centre and the Economic and Social Research Council launched the report “Compromised Space for Unrepresented Peoples at the United Nations”. Based on interviews and testimonies from 77 HRDs working on behalf of minorities, indigenous communities and other unrepresented peoples, it identifies a systematic attack on the UN human rights system by certain governments. This is characterised by “blocking tactics [...] including deferring ECOSOC status decisions, and intervening in plenary statements, to more overt instances of harassment, intimidation and outright violence, which constitute state reprisals”. Such challenges are compounded for HRDs from minority, indigenous and marginalised groups.

While we acknowledge that HRC presidents, the Office of the High Commissioner for Human Rights’ (OHCHR) reprisals team, the Treaty Bodies’ focal points for reprisals and yourself have all previously raised awareness on this issue, we strongly believe that there is a need to draw further attention to such acts of intimidation and harassment. We further note that to date, the OHCHR has not developed a systematic and practical response to the practices outlined in this letter. 

It is our contention that failure to sanction reprisals on UN premises will only embolden such acts elsewhere. Therefore, we call on you to raise this grave pattern during the presentation of the UNSG annual report on reprisals during the 42nd session of the HRC. We also call on you to urge the OHCHR to take measures to ensure that such acts of intimidation do not happen in the future. 

Yours sincerely, 

1.    Access Now 
2.    ALQST 
3.    Association for Victims of Torture in the UAE 
4.    Americans for Democracy and Human Rights in Bahrain 
5.    Bahrain Institute for Rights and Democracy
6.    CIVICUS: World Alliance for Citizen Participation
7.    CCPR Centre 
8.    Committee for Justice 
9.    European Saudi Organisation for Human Rights 
10.    Global Campaign for Equal Nationality Rights
11.    MENA Rights Group 
12.    The Omani Centre for Human Rights
13.    OMCT
14.    Institute on Statelessness and Inclusion 
15.    International Campaign for Freedom in the UAE 
16.    International Centre for Justice and Human Rights 
17.    International Movement Against All Forms of Discrimination and Racism 
18.    Right Livelihood Foundation 
19.    Rights Realization Centre 
20.    Salam for Democracy and Human Rights
21.    Statelessness Network Asia Pacific 
22.    Unrepresented Nations and Peoples Organization
23.    World Uyghur Congress 

42nd Session of the UN Human Rights Council
-Statement on report of Working Group on Arbitrary Detention

CIVICUS thanks the Working Group on Arbitrary Detention for their report. We are concerned that it shows Bahrain, Egypt, Iraq, Qatar, Saudi Arabia - Human Rights Council member states from the Middle East – as well as Iraq, Iran, Kuwait, and the UAE, all using arbitrary detention and enforced disappearance to silence civil society and shut down dissent with impunity. 

Bahrain arbitrarily detained Abdulhadi Al-Khawaja and Nabeel Rajab on 9 April 2011 and 13 June 2016 respectively. They are among dozens of human rights defenders whom the authorities have arbitrarily detained, including Dr Abduljalil Al-Singace and Naji Fateel, both subject to mistreatment by officials. The authorities denied them medical treatment and interfered with their family visits. We are particularly alarmed by the Working Group’s reports of reprisals against those who have been subject of an urgent appeal or opinion in Bahrain. This falls far short of the standards that every state, but particularly members of the Human Rights Council, should uphold.

We condemn Egypt's arbitrary arrest of lawyer Ibrahim Metwally in 2017 en route to attend an HRC session, to present cases of enforced disappearance, and his ill-treatment. His and the cases of 12 others arbitrarily arrested in June 2019 reflect Egypt's closure of civic space.

In Iraq, we condemn the detention of journalists, protesters and civil society activists. During protests in Basra, at least seven Iraqi journalists were assaulted or detained including Reuters photographer Essam al-Sudani.

Saudi Arabia’s crackdown on women’s and other human rights defenders forms its systematic use of arbitrary detention in which thousands have been detained.

Those detained in 2018 included Aziza al-Yousef; Loujain al-Hathloul, Eman al-Nafjan and other women’s rights advocates who also campaigned to end the driving ban, as well as writers, academics and family members of WHRDs. “Charges” were only brought against them in March 2019. They remain in prison, alongside members of the Saudi Civil and Political Rights Association (ACPRA); Mohammed al-Qahtani, and Abdullah al-Hamid; blogger Raif Badawi and human rights lawyer Waleed Abu al-Khair.

Iran systematically arbitrarily detains trade unionists, HRDs, minority rights activists and lawyers like Nasrin Sotoudeh and Narges Mohammadi.

Kuwait’s arbitrary arrest in July, of stateless rights activists including Abdulhakim al-Fadhli exemplifies the intersectionality of rights and how guaranteeing civil space bolsters other rights. 

The UAE’s March 2017 arbitrary arrest and enforced disappearance of HRD Ahmed Mansoor continues to tarnish the UAE, showing that its “year of tolerance” does not include human rights.

Mr. President, the report of the Working Group shows that the use of arbitrary detention – often without charge, recourse to access independent legal representation, and in poor conditions of detention – remains an active method to quell dissent across the Middle East. 

CIVICUS joins civil society in calling for full cooperation with the Working Group on Arbitrary Detention, and we call on states who have instrumentalized arbitrary detention to immediately release those detained and provide justice and remedy to victims and their families. 

We ask the Working Group: what more can be done to ensure implementation of its appeals and opinions in states where arbitrary detention remains so widespread?

42nd Session of the UN Human Rights Council
-Interactive dialogue on the High Commissioner’s report on Nicaragua
-Joint statement from CIVICUS & RedLad

It has been more than a year since the crisis began in Nicaragua, and violence and repression continue unabated. Thousands have been arbitrarily detained and hundreds have been criminalized for exercising their right to peaceful assembly. A recent report, “The Articulation of Social Movements of Nicaragua,” identifies two new phases of political repression during 2019: harassment of activists, restriction of public freedoms and extrajudicial executions.

CIVICUS and REDLAD welcome the recent release of political prisoners. However, the Amnesty Law under which they were released establishes that no investigation will be carried out to investigate the use of lethal violence by the State to repress the protests, perpetuating impunity for those responsible for these crimes. The report of the Articulation of Social Movements of Nicaragua indicates that there are still 121 political prisoners and prisoners held by the Nicaraguan State.

Further attacks on civic space are ongoing. Repression of dissenting voices through arrest, shutting down of protests and closing of organisations represent an alarming unwillingness of the government to engage with and listen to those it governs.

Human rights violations remain widespread in rural and cross-border territories of the country.  The environment for those who live in communities under militarized police forces is particularly dire, resulting in persecution of citizens who participate in protests, sieges by the National Police, arbitrary detention, enforced disappearances, and harassment of authorities of opposition municipalities.

Like the High Commissioner, we are concerned at the lack of political will to guarantee truth, justice and reparation for the victims of repression and their families. There are no guarantees that the negotiations will be restarted, which were canceled unilaterally by the government, or that the commitments agreed between the parties will be fulfilled.

In this climate, international scrutiny on Nicaragua remains as crucial now as ever. Nicaragua is falling far short on its responsibility to ensure accountability and justice. We welcome the OHCHR’s continued monitoring and reporting on Nicaragua and call on the Council to establish an independent investigative mechanism as the first step towards accountability for crimes and redress for those affected.

42nd Session of the UN Human Rights Council
-General Debate on the oral update by the High Commissioner

CIVICUS thanks the High Commissioner for your oral update, and especially the attention given to the risks faced by those exercising their rights to participation and freedom of peaceful assembly. As a movement dedicated to advancing the rights essential to civic space, CIVICUS is inspired to see people joining forces to publicly call for essential political reforms. However, across the world, from Cambodia to Kashmir to Sudan, we are witnessing states engage in tactics which discourage, undermine and punish such participation.

In Hong Kong, protests against what is seen as creeping control of China, saw hundreds of thousands take to the streets. They were met with indiscriminate violent attacks by the police and arbitrary arrest. Pro-democracy activists Joshua Wong and Agnes Chow have since been charged.

Papuan students and activists have been arbitrarily detained and charged for protesting. Protests in the Papuan region have been subjected to an internet shutdown and deployment of police and military personnel. Journalists face intimidation and harassment for reporting on the blackout while human rights lawyer Veronica Koman is being charged for speaking out against these violations.

In Zimbabwe, the government has banned public rallies in opposition to its handling of the country’s economic crisis. Worryingly, lawyers and doctors have been threatened for assisting protesters.

As your update highlighted, human rights gains are ones that empower vulnerable and discriminated communities. We are therefore deeply alarmed at the rise in xenophobic attacks and ongoing gender-based violence in South Africa and call on authorities to hold those responsible to account.

For those brave enough to speak out against oppression, there is much at stake. We remind states that every positive human rights change emanates from people coming together to demand their rights and to hold accountable those who seek to diminish them. Societies, and states, in which people can participate without fear or favour are those which progress.

We ask the High Commissioner: what role do you envisage for members of the council not only to protect and encourage those who wish to participate in decisions about their own futures, but to halt crackdowns on participation and freedom of peaceful assembly before such crackdowns spiral into wider human rights violations

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Current council members:

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

As UN High Commissioner for Human Rights Michelle Bachelet prepares to present her report on Nicaragua on September 10th, in compliance with the March 21st Human Rights Council resolution “Promotion and protection of human rights in Nicaragua” (A/HRC/40/L.8), civil society organizations and human rights defenders wish to express our concerns regarding ongoing repression, harassment, and threats against those defending democracy, justice, and human rights in Nicaragua.

For the last 16 months, Nicaragua has suffered a human rights crisis provoked by brutal repression from state forces and pro-government armed groups seeking to quell massive country-wide protests.

According to data from the Inter American Commission of Human Rights, at least 328 people died, including 29 children and adolescents, and more than 2,000 were injured as a result of this violence. Thousands more were arrested arbitrarily, and hundreds were criminalized for exercising their right to protest. The majority of these political prisoners were released under the recent Amnesty Law, which was approved unilaterally by National Assembly members from the ruling FSLN party. However, the Amnesty Law perpetuates impunity by ruling out investigation into suspected crimes committed against protestors.

Furthermore, the government continues to repress the population by imprisoning citizens and violating the due processes to which they are entitled under Nicaraguan law. As a result, some 120 political prisoners remain incarcerated as of July 28th according to the registry maintained by the Civic Alliance for Justice and Democracy.

The second attempt at dialogue between the Civic Alliance (made up of various opposition groups) and the government, which began in February this year, had achieved some formal agreements, but none of these agreements were honoured or implemented by the government. After months of impasse caused by this non- compliance, the government made a unilateral decision to terminate negotiations on July 30th.

The facts on the ground make clear that there is no will among the Nicaraguan authorities to guarantee truth, justice, and reparation for the victims of repression and their families; nor are there guarantees that the government will return to good-faith dialogues that respect the previous agreements.

Given these facts, we recommend that the United Nations High Commissioner for Human Rights should:

1. Demand the immediate release of all prisoners arrested in relation to the protests beginning of April 2018 and of all those being charged for alleged common crimes in retaliation for their continued participation in civic demonstrations. Furthermore, to demand the full restoration of these released persons’ rights and liberties along with the closure of their cases, cancellation of their convictions, and reparation of their confiscated goods. 

2. Urge the State of Nicaragua to cease the repression and persecution of young people, human rights defenders, student leaders, women, journalists, LGBTQ persons, and ex-prisoners who continue to be harassed and threatened with detention or prosecution. Furthermore, to demand respect for the rights of children and adolescents to safety and protection. 

3. Demand that the State of Nicaragua disarm and dismantle pro-government armed groups that threaten and attack Nicaraguans. 

4. Make use of all mechanisms within the Universal System of Human Rights to give special and urgent attention to the human rights of Nicaraguans currently seeking refuge in Costa Rica and other countries. 

5. Demand that the State of Nicaragua respect the right to pursue human rights work, restore legal recognition to civil society organizations whose status was revoked (CENIDH, CISAS, CINCO, IEEPP, Hagamos Democracia, Popol Na, IPADE, ILLS, and Fundación del Río), and return these organizations’ confiscated property 

6. Insistuponthereturnofconfiscatedpropertyandtherestorationofsuspendedlicensestonewsoutlets 100% Noticias, Confidencial, and Esta Noche and insist that these outlets be allowed to carry out their work without any obstacles or retaliation. 

7. Offer the OHCHR’s good offices for ensuring the return of human rights mechanisms (IACHR, OHCHR, GIEI) to Nicaragua. In this area, the work of the GIEI (Interdisciplinary Group of Independent Experts), including its proposal of creating a Special Prosecutor’s Office and an Integral Plan of Reparations for the victims, was very positive. 

8. Request that Nicaragua revokes the Amnesty Law, which is contrary to the American Convention on Human Rights; make meaningful reforms to the national judicial system; ratify the Rome Statute of the International Criminal Court. 

9. Demand that the State of Nicaragua immediately implement protection for indigenous and Afro-descendant people who are being harassed and killed in different regions of the country and underline that the State must urgently protect these communities from violent attacks and land invasions. 


We also request that States’ permanent missions to the United Nations:

1. Call upon the Nicaraguan government to return to inclusive national dialogues that will end the ongoing repression and establish concrete terms for a democratic transition. 

2. Insist that as part of these dialogues, the State of Nicaragua take up a sincere electoral reform process that will result in legislation guaranteeing free and fair elections scheduled for November 2021. 

3. Firmly back the demands of the Nicaraguan people for truth, justice, reparation, and guarantees of non-repetition. 

4. Urge the State of Nicaragua to accept the recommendations resulting from the Universal Periodic Review process and to implement those recommendations classified as urgent, including the disarmament of paramilitary forces. 


Finally, we call upon the United Nations Human Rights Council to:

1. Renew the mandate of the resolution “Promotion and protection of human rights in Nicaragua,” so that the Office of the High Commissioner for Human Rights can continue to monitor the human rights situation in the country.

Signed by:


NICARAGUAN ORGANIZATIONS

- Centro Nicaragüense de Derechos Humanos, CENIDH.

- Instituto para el Desarrollo y la Democracia, IPADE.

- Unión de Presos y Presas políticos de Nicaragua, UPPN.

- Centro por la Justicia y Derechos Humanos de la Costa Atlántica de Nicaragua, CEJUDHCAN.
- Fundación Violeta Barrios de Chamorro, FVBCH.

- Canal 100% Noticias

- Movimiento Autónomo de Mujeres, MAM.

- Articulación de Movimientos Sociales.

- Centro de Investigaciones de la Comunicación, CINCO.

- Centro de Información y Servicios de Asesoría en Salud, CISAS.

- Foro de Educación y Desarrollo Humano de la Iniciativa por Nicaragua.

- Iniciativa Nicaragüense de Defensoras, IN-Defensoras.

- Asociación de Educación y Comunicación “La Cuculmeca”.

- Fundación Puntos de Encuentro.

- Red de Mujeres de Matagalpa.

- Red de Mujeres Contra la Violencia.

- Colectivo de Mujeres de Matagalpa.

- Feministas Madrid por Nicaragua.

- Asociación Colectivo de Mujeres 8 de Marzo.

- Movimiento de Jóvenes Feministas Las Malcriadas.

- Articulación Feminista de Nicaragua.

- Movimiento Feminista de Nicaragua.
- Programa Feminista La Corriente.

- Mujeral en Acción.

- Grupo Lésbico Feminista Artemisa.

- Fundación Coordinadora de ONG’s que trabajan por los derechos de la Niñez, CODENI.
- SOS Nicaragua UK.

- Morada Feminista Nicaragua UK.

- SOS Nicaragua
- Sverige.

- Resistencia Civil Nicaraguense.

- Proyecto Lechuza.

- Popol Na.

- Movimiento por Nicaragua.

- Anides.

- Campaña 28 de septiembre por la Despenalización del Aborto
- Punto focal Nicaragua.

LATIN AMERICAN ORGANIZATIONS

- Comité de América Latina y el Caribe para la Defensa de los Derechos Humanos de las Mujeres.

- Iniciativa Mesoamericana de Mujeres Defensoras de Derechos Humanos, IM
- Defensoras.

- Fundación Para el Debido Proceso, DPLF.

- Unidad de Protección a Defensoras y Defensores de Derechos Humanos
- Guatemala, UDEFEGUA.
- Fondo de Acción Urgente
- América Latina y el Caribe.
- Red Latinoamericana y del Caribe por la Democracia, REDLAD.

INTERNATIONAL ORGANIZATIONS

- Institute about Race, Equality and Human Rights, Race&Equality.
- International Service for Human Rights, ISHR.

- International Network of Human Rights, RIDH.

- Just Associates, JASS.
- Freedom House.

- CIVICUS.

- Asociation France-Nicaragua.

All UN member states have their human rights records reviewed every 4.5 years. CIVICUS makes four joint and stand-alone UN Universal Periodic Review submissions on civil society space in Armenia, Laos, Kenya and Kuwait, which are up for review in January 2020.

The submissions examine the state of civil society in each country, including the promotion and protection of the rights to freedom of association, peaceful assembly and expression and the environment for human rights defenders. We further provide an assessment of the States’ domestic implementation of civic space recommendations received during the 2nd UPR cycle over 4 years ago and provide a number of targeted follow-up recommendations.

Armenia – CIVICUS highlights unwarranted restrictions on freedom of peaceful assembly and the use of violence, intimidation and harassment to disperse peaceful protests particularly in 2018 and 2016. We express concerns over the targeting of human rights defenders particularly those working on environmental and LGBTI rights. We highlight concerns over restrictions on freedom of expression and the targeting of journalists who covered protests.   

Kenya -   In this submission, ARTICLE 19 Eastern Africa, CIVICUS, the Kenya Human Rights Commission (KHRC) and the National Coalition of Human Rights Defenders–Kenya (NCHRD-K), express deep concern over the government’s continued unjustified restriction of peaceful protests, as seen in the unlawful interpretation of existing laws by security agents to restrict the right to peaceful assembly and the increasingly worrying trend of security agents violently disrupting peaceful protests. We further examine undue limitations on the freedom of expression, as highlighted by the high number of incidences of harassment, attacks and extrajudicial killings of journalists as well as clauses that are inimical to the freedom of expression in new legislation such as the Computer Misuse and Cybercrimes Act 2018.  

Kuwait - Since its 2nd Universal Periodic Review, ISHR, Gulf Centre, MENA Rights Group and CIVICUS found that Kuwait did not implement any of the 13 recommendations related to civic space. Instead, restrictive legislation such as the 1979 Public Gatherings Act, the 1970 National Security Law, the 2015 Cybercrime Law and the 2006 Press and Publications Law, continue to place undue restrictions on fundamental freedoms. Furthermore, HRDs face unwarranted restrictions, with women HRDs and activists from the stateless Bedoon minority facing heightened threats. Legal and policy limitations placed on the rights to the freedoms of association, peaceful assembly and expression put HRDs at a continuous risk of detention, defamation, citizenship revocation and other forms of reprisals as a direct result of their work. 

Laos – The submission by CIVICUS, the Manushya Foundation and FORUM-ASIA highlights how the Lao PDR government - which is a one-party state - dominates all aspects of political life and maintains strict controls on civic space. We examine how the extensive restrictions and surveillance of civil society and the absolute controls of the media including TV, radio and printed publications. We also highlight the ongoing failure to investigate the fate and whereabouts of human rights defender Sombath Somphone which has created a chilling effect and the continued criminalisation of government critics. Read press release

See other country reports submitted by CIVICUS and partners to the UN's Universal Periodic Review on Human Rights

Joint statement at the end of the 41st Session of the UN Human Rights Council

By renewing the mandate of the Independent Expert on sexual orientation and gender identity (SOGI), the Council has sent a clear message that violence and discrimination against people of diverse sexual orientations and gender identities cannot be tolerated. It reaffirmed that specific, sustained and systematic attention is needed to address these human rights violations and ensure that LGBT people can live a life of dignity. We welcome the Core Group's commitment to engage in dialogue with all States, resulting in over 50 original co-sponsors across all regions. However, we regret that some States have again attempted to prevent the Council from addressing discrimination and violence on the basis of SOGI.

This Council session also sent a clear message that Council membership comes with scrutiny by addressing the situations of Eritrea, the Philippines, China, Saudi Arabia and the Democratic Republic of Congo. This shows the potential the Council has to leverage its membership to become more effective and responsive to rights holders and victims. 

The Council did the right thing by extending its monitoring of the situation in Eritrea. The onus is on the Eritrean Government to cooperate with Council mechanisms, including the Special Rapporteur, in line with its membership obligations. 

We welcome the first Council resolution on the Philippines as an important first step towards justice and accountability. We urge the Council to closely follow this situation and be ready to follow up with additional action, if the situation does not improve or deteriorates further. We deeply regret that such a resolution was necessary, due to the continuation of serious violations and repeated refusal of the Philippines – despite its membership of the Council– to cooperate with existing mechanisms. 

We deplore that the Philippines and Eritrea sought to use their seats in this Council to seek to shield themselves from scrutiny, and those States who stood with the authorities and perpetrators who continue to commit grave violations with impunity, rather than with the victims.

We welcome the written statement by 22 States on China expressing collective concern over widespread surveillance, restrictions to freedoms of religion and movement, and large-scale arbitrary detention of Uyghurs and other minorities in Xinjiang. We consider it as a first step towards sustained Council attention and in the absence of progress look to those governments that have signed this letter to follow up at the September session with a resolution calling for China to allow access to the region to independent human rights experts and to end country-wide the arbitrary detention of individuals based on their religious beliefs or political opinions.

We welcome the progress made in resolutions on the rights of women and girls: violence against women and girls in the world of work, on discrimination against women and girls and on the consequences of child, early and forced marriage. We particularly welcome the renewal of the mandate of the Working Group on Discrimination Against Women and Girls under its new name and mandate to focus on the intersections of gender and age and their impact on girls. The Council showed that it was willing to stand up to the global backlash against the rights of women and girls by ensuring that these resolutions reflect the current international legal framework and resisted cultural relativism, despite several amendments put forward to try and weaken the strong content of these resolutions. 

However, in the text on the contribution of development to the enjoyment of all human rights, long standing consensus language from the Vienna Declaration for Programme of Action (VDPA) recognising that, at the same time, “the lack of development may not be invoked to justify the abridgement of internationally recognized human rights” has again been deliberately excluded, disturbing the careful balance established and maintained for several decades on this issue. 

We welcome the continuous engagement of the Council in addressing the threat posed by climate change to human rights, through its annual resolution and the panel discussion on women’s rights and climate change at this session. We call on the Council to continue to strengthen its work on this issue, given its increasing urgency for the protection of all human rights.

The Council has missed an opportunity on Sudan where it could have supported regional efforts and ensured that human rights are not sidelined in the process. We now look to African leadership to ensure that human rights are upheld in the transition. The Council should stand ready to act, including through setting up a full-fledged inquiry into all instances of violence against peaceful protesters and civilians across the country. 

During the interactive dialogue with the Special Rapporteur on extrajudicial and summary executions, States heard loud and clear that the time to hold Saudi Arabia accountable is now for the extrajudicial killing of journalist Jamal Khashoggi. We recall that women human rights defenders continue to be arbitrarily detained despite the calls by 36 States at the March session. We urge States to adopt a resolution at the September session to establish a monitoring mechanism over the human rights situation in the country. 

We welcome the landmark report of the High Commissioner on the situation for human rights in Venezuela; in response to the grave findings in the report and the absence of any fundamental improvement of the situation in the meantime, we urge the Council to adopt a Commission of Inquiry or similar mechanism in September, to reinforce the ongoing efforts of the High Commissioner and other actors to address the situation.

We welcome the renewal of the mandate on freedom of peaceful assembly and association. This mandate is at the core of our work as civil society and we trust that the mandate will continue to protect and promote these fundamental freedoms towards a more open civic space.

We welcome the renewal of the mandate of the Special Rapporteur on Belarus. We acknowledge some positive signs of re-engagement in dialogue by Belarus, and an attempted negotiation process with the EU on a potential Item 10 resolution. However, in the absence of systemic human rights reforms in Belarus, the mandate and resolution process remains an essential tool for Belarusian civil society. In addition, there are fears of a spike in violations around upcoming elections and we are pleased that the resolution highlights the need for Belarus to provide safeguards against such an increase.

We welcome the renewal of the quarterly reporting process on the human rights situation in Ukraine. However, we also urge States to think creatively about how best to use this regular mechanism on Ukraine to make better progress on the human rights situation.

The continued delay in the release of the UN database of businesses engaged with Israeli settlements established pursuant to Council resolution 31/36 in March 2016 is of deep concern.  We join others including Tunisia speaking on behalf of 65 states and Peru speaking on behalf of 26 States in calling on the High Commissioner to urgently and fully fulfil this mandate as a matter of urgency and on all States to cooperate with all Council mandates, including this one, and without political interference.

Numerous States and stakeholders highlighted the importance of the OHCHR report on Kashmir; while its release only a few days ago meant it did not receive substantive consideration at the present session, we look forward to discussing it in depth at the September session. 

Finally, we welcome the principled leadership shown by Belgium, Luxembourg and the Netherlands, in pursuing accountability for individual victims of acts of intimidation and reprisals under General Debate Item 5, contrasting with other States which tend to make only general statements of concern. We call on States to raise all individual cases at the interactive dialogue on reprisals and intimidation in the September session. 

Signatories:

1. International Service for Human Rights (ISHR)
2. DefendDefenders (the East and Horn of Africa Human Rights Defenders Project)
3. Global Initiative for Economic, Social and Cultural Rights
4. Asian Forum for Human Rights and Development (FORUM-ASIA)
5. International Federation for Human Rights (FIDH)
6. International Commission of Jurists (ICJ)
7. Center for Reproductive Rights 
8. ARTICLE 19
9. Cairo Institute for Human Rights Studies
10. Human Rights House Foundation 
11. CIVICUS: World Alliance for Citizen Participation
12. Franciscans International 
13. Association for Progressive Communications (APC)
14. Amnesty International
15. Human Rights Watch
16. International Lesbian and Gay Association (ILGA) 

41st Session of the UN Human Rights Council
Interactive dialogue on Sudan

CIVICUS notes the efforts that have been made by the Sudanese authorities and Office of the High Commissioner on Human Rights (OHCHR) towards establishment of an OHCHR country office in Sudan in line with resolution 39/22 of the Human Rights Council.  We now urge the Sovereign Council of Sudan and OHCHR to sign the Memorandum of Understanding to operationalize the OHCHR office to provide technical advice, monitoring and public reporting with unrestricted access to all parts of the country, with a view to fulfilling Sudan’s human rights obligations and commitments.

We welcome ongoing efforts between the Sudanese authorities and civilian leaders particularly those facilitated by the African Union and Ethiopia to finalise a peace deal that will guide the political transition and lead the country to elections in three years.  The current peace deal which is due to be finalized provides for an independent national investigation into all acts of violence committed since February 2019.   However, for the transition to be effective and stable, the scope of these investigations must include all violence against peaceful protesters and restrictions placed on fundamental freedoms since the protests started in December 2018. 

In particular, the human rights violations committed by the paramilitary forces – the Rapid Response Forces and the National Intelligence and Security Forces (NISS) during the protests must be investigated by an independent, impartial, thorough inquiry. More than 100 people were killed and many more injured when paramilitary forces violently dispersed peaceful protesters when peace negotiations reached an impasse on 3 June 2019. We urge the Sudanese authorities to ensure that security forces respond to ongoing and future protests in line with the country’s international human rights obligations and address underlying causes of the protests.

All human rights defenders, representatives of civil society and citizens still in detention in connection with the protests should be released unconditionally.  We also call on the Sudanese authorities to respect the rights of citizens to access and information and restore internet connections in all parts of the country where the internet was shut down in an attempt to conceal the brutality of the crackdown by the military against protesters.
  
It is past time for the international community to take decisive action on the human rights situation in Sudan. We call on the Council to provide all necessary resources to carry out an independent, impartial inquiry into all acts of violence against protesters since December 2018, so that perpetrators can be held to account.

41st Session of the UN Human Rights Council
Interactive dialogue on the Democratic Republic of the Congo

CIVICUS welcomes some positive first steps with regards to civic space taken by President Felix Tshisekedi during his first six months in office, including his commitment to release more than 500 political prisoners. The President pledged, during his inauguration speech, to 'ensure that every citizen is guaranteed the respect of the exercise of their fundamental rights’, and that the government would have among its priorities the fight against impunity and the promotion of the press and the media to turn into a ‘real fourth estate’.

Despite these initial positive developments, no steps have been taken to end the widespread impunity enjoyed by state actors for human rights violations, including by security forces. Despite some noticeable improvements in the area of peaceful assembly, restrictions including the use of excessive use of force to disperse protesters, are at times still imposed.

One person was killed when police dispersed protesters during opposition protests in Kinsasha and Goma on 30 June 2019.  It was reported that security forces used tear gas against protesters and some of those involved in the protests were physically assulted. Although there has been a decline in media violations, press offenses are still criminalised. TV reporter Steeve Mwanyo Iwewe was sentenced on 1 March 2019 to one year in prison and the sentence was later reduced to a six-month suspended sentence, in Mbandaka, Equateur province, on charges of ‘insulting authorities’ while he covered a protest of local state employees.

We call on the Tshisekedi administration to take concrete and sustained measures to implement human rights commitments made and to ensure that the freedoms of peaceful assembly, expression and association are respected. This includes reviewing all restrictive legislation–  notably the draft Law on Associations and the draft Law on the Protection of Human Rights Defenders – to bring them in line with international human rights law.

We further urge the DRC  to take concrete measures to end widespread impunity by fully investigating all human rights violations and bringing those responsible swiftly to justice.

41st Session of the UN Human Rights Council
-Interactive dialogue on the report from the High Commissioner on Nicaragua
-Joint statement from CIVICUS & Red Local

We note that the government of Nicaragua has yet to comply with some of the agreements reached with the Civic Alliance for Justice and Democracy during negotiations earlier this year. While we welcome the release of 56 political prisoners by the Nicaraguan government, 104 political prisoners are still arbitrarily detained, and over one hundred are missing. We reiterate calls for the immediate release of those unjustly incarcerated and urge the government to take urgent steps to investigate the whereabouts of those who have been disappeared.

The government furthermore agreed to put in place a security protocol for political prisoners and those forced into exile. This has not been done. . We call for its immediate implementation to ensure the full enforcement of their rights, and the return of assets. We also call on the government to put in place measures to guarantee the safe return of those in exile.

The Nicaraguan government’s severe repression of anyone standing up for their rights has continued, reflected in the High Commissioners’ oral update. Free expression and assembly is severely restricted. Local civil society organisations have been stripped of their legal status and of their assets, and human rights defenders and journalists are harassed.

Given the grievous human rights violations, we are particularly concerned that the Amnesty Law recently established by the Nicaraguan government will subsume the essential truth and reparations process needed to address the severe human rights violations prevalent in the country, and hinder any opportunity for full accountability. The law on comprehensive care for victims was pushed though in a process which saw civil society and victims themselves completely side-lined.

We are further deeply concerned that the government of Nicaragua continues to block the return of international human rights bodies to the country, including the special mechanism of the Inter-American Commission on Human Rights and OHCHR. Such bodies shine a crucial light on human rights violations and are critical for ensuring accountability of perpetrators. Victims of human rights violations have the right to truth, justice and reparation. The government of Nicaragua should guarantee those rights and put a complete stop to their strategy of repression.

Over 1300 civil society organisations from across the globe call for the renewal of the mandate of the Independent Expert on violence and discrimination on the basis of sexual orientation and gender identity.

Around the world, millions of people face human rights violations and abuses because of their real or perceived sexual orientation or gender identity (SOGI). These abuses include: killings and extrajudicial executions; torture, rape and sexual violence; enforced disappearance; forced displacement; criminalization; arbitrary detentions; blackmail and extortion; police violence and harassment; bullying; stigmatization; hate speech; 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; 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 grave and widespread violations take place in conflict and non-conflict situations, are perpetrated by State and non-State actors (including the victims’ families and communities) and impact all spheres of life.

In 2016, this 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.

This Council considered the mandate an essential tool to respond to the vast body of evidence of such violence and discrimination in all world regions and followed recommendations from the UN human rights system – including the Treaty Bodies, the Human Rights Council, its Special Procedures and the Universal Periodic Review (UPR), and the findings of the Office of the High Commissioner for Human Rights, and many others.

The two mandate holders have examined these issues in greater depth through reports, country visits, communications, and statements issued in the past three years. They 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 that include SOGI. All the while, continuing to engage in constructive dialogue and assist States to implement and further comply with international human rights law, as well as collaborating with UN mechanisms, agencies, funds and programs and other bodies in international and regional systems.

For persons of diverse sexual orientations and gender identities globally, this mechanism and its work have been a beacon of hope that violence and discrimination will not be ignored; and since 2016, progress has been made in many areas in all regions, including in countries that have decriminalized consensual same-sex sexual acts, legally recognized a person’s gender identity and promulgated SOGI-inclusive anti-discrimination and hate crimes laws.

Despite these positive advances, to this day, 69 countries still criminalize consensual same-sex sexual acts, seven with the death penalty. Alarmingly 3000 killings of trans and gender diverse people were reported in 72 countries in the past decade. Lesbian, gay, bisexual, and trans and gender diverse people everywhere face daily discrimination and violence.

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 gender identities cannot be tolerated. It would reaffirm that specific, sustained and systematic attention is needed to address these human rights violations and ensure that LGBT people can live a life of dignity.

We 1,316 civil society organisations from 174 States, 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.

41st Session of the UN Human Rights Council

The Eritrean Movement for Democracy and Human Rights (EMDHR), Eritrea Focus, and CIVICUS welcome the government of Eritrea’s engagement with the UPR process and for its acceptance of 131 UPR recommendations. We also welcome the Declaration of Peace and Friendship signed between Eritrea and Ethiopia in July 2018, and the shared commitments to make progress towards achieving sustainable peace in the region.

But regional overtures towards peace have not translated into national policy and practices. Since Eritrea’s last review, it has failed to implement any recommendations it accepted pertaining to civic space and fundamental freedoms.

Instead, the human rights situation in the country continues to worsen, civic space continues to be severely suppressed, and serious restrictions to freedom of peaceful assembly, association, and expression prevail.

Mr President, we are deeply concerned by the closure of 20 health centres administered by Catholic churches, and the arbitrary arrest and detention of four Christian bishops based in Debre Bizen monastery and of 141 Christians in Mai Temenai district in June 2019, which followed a call by the Catholic Church for genuine dialogue on peace and reconciliation in Eritrea. Such actions illustrate the willful failure of the Eritrean government to implement UPR recommendations and improve the repressive environment for civic space and basic freedoms.

We note with concern the lack of constitutionalism in Eritrea, a situation that perpetuates human rights violations and abuses by government institutions with impunity, where activists, journalists and human rights defenders continue to be arrested and illegally detained.

Mr President, Eritrean Movement for Democracy and Human Rights, Eritrea Focus, and CIVICUS call on the Government of Eritrea to immediately and urgently take proactive measures to implement all UPR recommendations, particularly pertaining to removing restrictive laws that undermine civic space and create an enabling environment for journalists and human rights defenders to exercise their rights to freedom of expression, peaceful assembly and association. 

41st Session of the UN Human Rights Council

CIVICUS, the Cambodian Center for Human Rights (CCHR), the Cambodian Human Rights and Development Association (ADHOC) and IFEX welcome the Royal Government of Cambodia's engagement with the Universal Periodic Review (UPR) process.

In our joint UPR Submission, we documented that since its last review, Cambodia has failed to fully implement any of the recommendations it accepted relating to civic space and fundamental freedoms. We welcome the government’s acceptance of a number of recommendations received in this cycle to strengthen respect for freedom of expression, association and peaceful assembly and to protect human rights defenders. The Royal Government of Cambodia must now take concrete steps to promptly and meaningfully implement these recommendations in order to restore civic space, which has been drastically undermined in recent years.

The legal framework currently in place contravenes Cambodia’s obligations under international human rights law. Laws and provisions are routinely misapplied to restrict freedom of association, undermine civil society, and criminalize individual’s exercise of their right to freedom of expression. We are disappointed that the government of Cambodia explicitly decided not to accept certain recommendations to amend or repeal repressive laws, including the Law on Political Parties, the Law on Associations and Non-Governmental Organizations and the Trade Union Law.

Human rights defenders, civil society activists and journalists are routinely subject to judicial harassment and legal action. While we welcome the release of human rights defenders and journalists from detention in 2018, we are concerned that many were released on bail with cases still pending against them.

Media outlets perceived as critical towards the government have been subjected to a severe crackdown in 2017 and 2018, through threats and sanctions including shutdowns, which significantly curtail citizens’ access to information. We encourage the Royal Government of Cambodia to promptly implement the recommendations it accepted related the independence of the media, and we urge the government to re-create an enabling environment for a free and pluralistic media, including by ceasing judicial harassment against journalists, and abuse of tax regulations to harass media outlets and associations (even though Cambodia decided to note the recommendation received in this regard).

Mr President, we recognize the importance of this review as a first step to address the deterioration of respect for human rights in Cambodia. We now call on the Royal Government of Cambodia to take proactive and immediate measures to restore civic space, foster a free and enabling environment for civil society, and ensure that all Cambodians can freely exercise their fundamental freedoms.

41st Session of the UN Human Rights Council
Interactive Dialogue on the report of the High Commissioner on Venezuela 

CIVICUS thanks the High Commissioner for her report, which shows how deeply the human rights situation has deteriorated in Venezuela.  The escalating political crisis has precipitated a significant increase in violations of civic freedoms: according to the local NGO Foro Penal, as of May 2019 there were 857 political prisoners. Many have reportedly been tortured. Reports of serious reprisals against human rights defenders and humanitarians show the increasing danger of simply carrying out legitimate work to provide humanitarian support in the midst of a crisis, or protect human rights as violations escalate.

CIVICUS is deeply concerned by mass arrests and killings of protesters during demonstrations. Since the beginning of the year, 60 protesters have reportedly been killed in the protests. Of five killed by security forces during protests calling for the resignation of Nicolas Maduro on 30 April and 1 May, three were not yet 18.

Venezuela’s indigenous communities have been among those hardest-hit by the humanitarian crisis. A siege of the Pemon indigenous community, imposed after the community attempted to help humanitarian aid enter the country, forced more than 700 hundred members of the community to leave their lands. At least 7 people were killed and 62 arbitrarily arrested during the confrontation. We call for the special protection of indigenous communities.

We are concerned by politically-motivated internet restrictions and the blockage of online content, including that of BBC and CNN International. Online censorship has affected over 20 online media outlets, severely restricting citizens’ right to information.

We welcome the agreement reached between the office of the High Commissioner and the Venezuelan Government for a team of human rights officers based in the country, and we hope this is the first step towards enhanced monitoring and reporting on the worsening human rights crisis in Venezuela, including measures to ensure accountability for perpetrators and reparations to the thousands who have fallen victim to human rights abuses.

We echo the High Commissioner’s remarks in her June statement that ‘the people of Venezuela cannot afford further deterioration of the situation. We ask the High Commissioner what immediate steps the Council and its member states can take to support those in Venezuela who are advocating for the protection of their rights and those seeking redress for the harm they have suffered?

41st Session of the UN Human Rights Council

Our organisations are gravely concerned by the proliferation of reprisals against Special Procedures mandate holders and members of Expert Mechanisms and Commissions of Inquiry (COI) by States, including members of the Council, as well as threats against the Special Procedures system as a whole.

Special Procedures are the eyes and ears of the Council and ensure that this body’s work remains relevant and informed by the reality of human rights on the ground. Reprisals aim to discredit, intimidate, deter and silence these experts, and to prevent civil society from engaging with them.

We are alarmed by a pattern of reprisals and non-cooperation by Council-member, the Philippines. The government has threatened the Special Rapporteur on extrajudicial killings with physical violence on numerous occasions. It has made terrorism accusations against the Special Rapporteur on the rights of indigenous peoples.

Burundi and Eritrea are also engaged in patterns of reprisals, with the Special Rapporteur on Eritrea and members of the COI’s on both Burundi and Eritrea having been attacked on multiple occasions, at the Council, the GA or in the media. The Maldives has accused the Special Rapporteur on freedom of religion or belief of spreading anti-Islamic activities, resulting in death threats against him online. The Special Rapporteur on Myanmar has faced reprisals and has also experienced violent threats on social media.

We call on States to cooperate in good faith and end all reprisals against Special Procedures and those who cooperate with them. The President and States must act immediately in meetings when such reprisals occur. This Council must safeguard its Special Procedures from all efforts to undermine them through reprisals or other dangerous initiatives.

Article 19
Asian Forum for Human Rights and Development
Centro de Estudios Legales y Sociales
CIVICUS: World Alliance for Citizen Participation
Commonwealth Human Rights Initiative
Concelho Indigenista Missionário CIMI
Conectas Direitos Humanos
DefendDefenders
Franciscans International
Human Rights Law Centre
International Commission of Jurists
International Federation for Human Rights Leagues (FIDH)
International Humanist and Ethical Union
International Service for Human Rights
World Movement Against Torture (OMCT)

41st Session of the UN Human Rights Council

Afghanistan Human Rights Organisation (AHRO) and CIVICUS welcome the government of Afghanistan's engagement with the UPR process. However, we regret the lack of progress by the Government in implementing the civic space recommendations during the last UPR review, including to ensure effective investigations and accountability of abuse against journalists. Abuses against human rights defenders and journalists continues with impunity. Alarmingly, state institutions have also been implicated in some abuses against media.

During 2018, Afghanistan was the deadliest country for media, with 15 journalists and other media workers killed. In the first five months of 2019, at least five Afghan journalists and media workers were killed and a number of others have been critically wounded in deliberate attacks. We are deeply worried by the recent public threat of attacks issued by the Taliban against media. We call on the Government to stand by the rights of journalists and to protect them as parties negotiate an end to the war.

We note that the Government has taken steps this year to end impunity for the murder of journalists by bringing to trial two cases – that of BBC journalist Ahmad Shah and Kabul News journalist Abdul Manan Arghand, who were both killed in 2018 by unidentified armed men. However, both trials lacked transparency and death sentences were handed to the perpetrators, which are serious human rights concerns. 

Women, victims’ groups and other CSOs have all been sidelined throughout the peace process, representing a significant threat to civic space. We call on the Government to ensure women and independent CSOs have a seat at the negotiation table and meaningfully participate in decision-making. It is the responsibility of the Afghan Government to ensure that women’s rights, victims’ rights and fundamental freedoms of Afghans are protected and respected during all stages of the peace process and in any peace deal.

Mr President, AHRO and CIVICUS call on the Government of Afghanistan to take proactive measures to address these concerns and implement these recommendations to create and maintain, in law and in practice, an enabling environment for civil society, including women’s groups and journalists.

41st Session of the UN Human Rights Council

The Balkan Civil Society Development Network (BCSDN), The Macedonian Centre for International Cooperation (MCIC) and CIVICUS welcome the government of North Macedonia's engagement with the UPR process. We also welcome improvements in legislation and practice to promote civic space, particularly the Government’s decision to end the financial inspections of the 22 civil society organisations (CSOs) critical of the previous government and the public conclusion clearing them of any wrongdoing.

The Government has revised the legal framework to safeguard freedom of expression and opinion and improved the general climate, particularly for independent journalists. We welcome changes in law, relating to the urgent reform priorities, and efforts to enhance the independence of the public broadcasting service and regulatory body. However, despite this positive trajectory, we remain concerned over the frequency of threats being made towards independent journalists. 

In light of this concern, our recent joint UPR Submission documented that since its last review, North Macedonia has only partially implemented the eight recommendations relating to freedom of expression and opinion.

We encourage the Government to amend existing legislation which undermines freedom of association. Namely, the Penal code, where legal representatives of associations and foundations are defined as public officials and carry the same responsibilities. Similarly, the recently proposed “Law on Lobbying” could subvert recent improvements by stifling civil society participation in policy dialogue.

Finally, while improvements were made in the Law on Police, there is still a need to improve the Law on Public Assemblies. Worryingly, this legislation contains burdensome obligations for organisers and requires foreign persons to receive permission before organising protests. While authorities have facilitated numerous gatherings that were peaceful, we remain dismayed at the use of disproportionate force against protesters. In June 2018, police used tear gas and shock bombs, leading to the injury of 25 people. Media coverage of the protest was also hampered by the violence.

Mr President, BCSDN and MCIC and CIVICUS call on the Government of North Macedonia to take proactive measures to address these concerns and implement recommendations to create and maintain, in law and in practice, an enabling environment for civil society.

41st Session of the UN Human Rights Council

Pro Acceso and CIVICUS welcome the government of Chile's engagement with the UPR process. We also welcome the government's progress in relation to the legislative framework governing  freedom of association and progressive initiatives to strengthen the participation of civil society.
  
However, in our joint UPR Submission, we documented significant challenges with respect to the right to peaceful assembly both in law and in practice. In addition, the government has failed to create a safe environment for HRDs, particularly for indigenous people, who continue to face attacks and criminalisation.
 
We remain concerned by the lack of commitment of the government to amend legislation regulating peaceful protest, which contradicts the Chilean Constitution and international standards. The Supreme Decree 1,086, which came into force in 1983, regulates this right and establishes procedures that in practice functions as a system of prior authorisation. 

In practice, civil society has documented cases of excessive use of force by the police, including the use of teargas bombs, rubber bullets and hydrant trucks.  Between June 2016 and March 2019, the CIVICUS Monitor received several reports of police repression of protests, especially protests by students and members of the Mapuche community.

In addition, we are concerned by the misuse of the Anti-Terrorism Law (Law 18,314 on counter terrorism policy) against members of the Mapuche indigenous community advocating for land and environmental rights. The legislation has been used in a "total of 19 emblematic cases, involving 108 individuals, mostly related to situations of Mapuche protests.” 

Mr President,  Pro Acceso and CIVICUS call on the Government of Chile to take proactive measures to address these concerns and implement recommendations to create and maintain, in law and in practice, an enabling environment for civil society, including signing and ratifying the Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean known as the Escazu Agreement, whose negotiation process Chile lead since 2012, and which establishes specific obligations for the protection of environmental defenders.

41st Session of the UN Human Rights Council

Mr President, VOICE, CIVICUS and FORUM-ASIA welcome the government of Vietnam's engagement with the UPR process including its decision to accept 241 recommendations on a range of human rights issues.

We welcome the commitment of the government of Vietnam to extend cooperation with UN Special Procedures  and in the spirit of such cooperation we urge the authorities to extend an invitation to the Special Rapporteurs on the situation of human rights defenders, the promotion and protection of the right to freedom of opinion and expression and on the rights to freedom of peaceful assembly and of association.

We note that Vietnam accepted recommendations to guarantee  and lift  restrictions on freedom of opinion and expression. However, we regret that since the review activists have been arrested or convicted for online posts including Le Minh The, and Nguyen Ngoc Anh. We are also disappointed that the recommendations pertaining to the release of political prisoners including Tran Thi Nga and Hoang Duc Binh were not accepted by the government. According to human rights groups an estimated 264 political prisoners remain in jail. Many have been ill-treated in prison and detained thousands of kilometers from their families.

We note that Vietnam accepted recommendations to guarantee  and improve protection  of freedom of peaceful assembly. Despite these commitments, over a hundred protesters who participated in the nationwide demonstrations against bills on Special Economic Zones and Cybersecurity in June 2018 have been convicted and jailed, or are at risk of physical attacks, since the review. We remain concerned about the restrictive legal framework use to suppress the formation of independent CSOs. 

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

41st Session of the UN Human Rights Council
Interactive Dialogue on Countries of Concern

CIVICUS is deeply concerned by the grave situation in Sudan, and we call once again on the Council to take immediate steps to address this crisis, at the very least by establishing a fact-finding mission to monitor, verify and report on the situation to prevent further bloodshed and ensure that the perpetrators of these atrocities are held to account.

In Saudi Arabia, human rights defenders face continued unwarranted detention. A wave of further arrests in April targeted those supporting the women’s rights movement and detained activists.  Saudi Arabia is not above Human Rights Council scrutiny and we reiterate calls on the Council to establish a monitoring mechanism over human rights violations in the country and call explicitly for the immediate and unconditional release of the detained Saudi women human rights defenders.

In Guatemala, human rights defenders are being criminalized and harassed. Cases filed against Claudia Samoyoa Pineda and Jose Martinez Cabrera is illustrative of the authorities’ growing intolerance of independent dissent, including of those working on land and environmental defense. This is just one example of targeted reprisals levelled against civil society organisations and human rights defenders that have mobilised against a series of attacks on Guatemala's democratic institutional framework.

Civic space in Afghanistan remains under serious threat. Violence against human rights defenders and journalists continues with impunity and state actors also have been implicated in violations against journalists. Women, civil society and victim's groups have been excluded from the peace processes, which threatens to undermine all hard-won gains. 

Lastly, we are deeply concerned at the situation in the Philippines. Despite progress on a bill to protect human rights defenders, the situation on the ground remains dire. Dozens of activists have been killed since 2016 under the Duterte administration and the work of CSOs, media and human rights defenders have been severely undermined by smear campaigns by the government.

We call on the Council’s continued attention to, and call for urgent action on, these issues of serious concern.

41st Session of the UN Human Rights Council
Interactive Dialogue on the report of the UN Special Rapporteur on the Situation of Human Rights in Myanmar

We welcome the Special Rapporteur’s oral update on Myanmar and urge the Government to resume its cooperation and grant access to the Special Rapporteur, and to address the situation on the ground.

We are particularly concerned that severe restrictions to fundamental freedoms persist in Myanmar. Peaceful protesters continue to face arbitrary arrest and excessive use of force by the police. In the last few months, protesters have been charged under the Penal Code or the Peaceful Assembly and Peaceful Procession Law for their activism.

A Resolution adopted at the last Session of this Council called on Myanmar to immediately and unconditionally release journalists, human rights defenders and activists detained under various restrictive laws. While journalists Wa Lone and Kyaw Soe Oo may have been freed, restrictive laws including the Telecommunications Law, Unlawful Associations Act, Official Secrets Act and defamation provisions in the Penal Code continue to be used to prosecute activists and journalists in Myanmar. Irrawaddy editor U Ye Ni is facing defamation charges for an article on the conflict on the Rakhine state which the Myanmar military deemed “one-sided”.

Those who criticize the military, even satirically, are persecuted. Members of the Peacock Generation troupe face defamation charges after live-streaming on Facebook a satirical performance which criticized the military. In April, prominent filmmaker Min Htin Ko Ko Gyi was detained in connection with a series of social media posts in which he criticised the military-drafted 2008 Constitution.

We are deeply concerned by increasing restrictions to humanitarian access in Rakhine State, deliberately denying support to a population which is gravely in need of it, and willfully obstructing independent reports of the atrocities which are being committed there.

Myanmar’s backsliding on democratic norms compounds the gross human rights violations outlined in the Special Rapporteur’s report. We urge the government of Myanmar to cooperate fully with the mandate of the Special Rapporteur and all other Human Rights Council mechanisms and, in the absence of such cooperation, we ask the Special Rapporteur what action she would suggest that states and national and international civil society could take in order to hold Myanmar accountable to upholding democratic norms?
 

41st Session of the UN Human Rights Council
Interactive Dialogue on the Report of the UN Special Rapporteur on the Situation of Human Rights in Eritrea

CIVICUS, along with eight other Africa-based organisations, (see below) welcomes the report of the UN Special Rapporteur on the situation of Human Rights in Eritrea and we ask the UN Human Rights Council as a matter of urgency to renew the mandate, so that the Special Rapporteur can continue its vital monitoring of and reporting on the human rights situation in Eritrea.

There remain significant and urgent human rights concerns in Eritrea, despite recent diplomatic and bi-lateral developments between Eritrea and Ethiopia and its ongoing dialogues with Djibouti. Civic space is closed, with freedom of expression and peaceful assembly wilfully subverted by the authorities. There is no independent media, and at least 16 journalists remain in detention without trial since the country’s free press was shuttered two decades ago. As the Special Rapporteur highlighted in her report, there exists a culture of impunity for the perpetrators of human rights violations and abuses, including arbitrary and incommunicado detention.

We regret that the Eritrean government refuses to cooperate with the Special Rapporteur on the situation of Human Rights in Eritrea, and other UN Human Rights Council mechanisms. Eritrea has never received any mandate holder. This lack of the bear minimum of engagement is unacceptable for a member of the Human Rights Council.

The Special Rapporteur presented a number of welcome benchmarks for human rights progress in her report, and we would like to ask her to elaborate how to operationalize such benchmarks for follow up.

Mr. Vice President, if the mandate of the Special Rapporteur is not renewed, the Council risks losing this opportunity to address in any way the grave serious human rights abuses occurring in one of its member states. The Council therefore must ensure the continuation of this mandate We call on the government of Eritrea to fully cooperate and allow comprehensive access to all UN Human Rights Council mechanisms.

1. Africa Monitors
2. CIVICUS
3. Eritrean Diaspora in East Africa (EDEA)
4. Eritrea Focus
5. Eritrean Law Society (ELS)
6. Eritrean Movement for Democracy and Human Rights (EMHDR)
7. Network of Eritrean Women
8. RSF Afrique
9. PEN Eritrea

41st Session of the UN Human Rights Council
Interactive Dialogue with the Commission of Inquiry on Burundi

CIVICUS and independent Burundian civil society organisations thank the UN Commission of Inquiry on Burundi for its update and ongoing work on highlighting human rights abuses. However, we are seriously concerned that the grave subversion of human rights outlined in its 2018 report have continued and that the government of Burundi continues to refuse to allow the Commission’s staff to conduct their work.

Many civil society activists and independent journalists remain in exile, while those in Burundi continue to face intimidation, detention, or trials on trumped up charges. Human rights defender Germain Rukuki is serving a 32-year jail sentence on spurious charges of “participating in an insurrectionist movement and breaching state security”. Human rights defender Germain Rukuki is serving a 32-year jail sentence on spurious charges of “participating in an insurrectionist movement and breaching state security”. Human rights defender Nestor Nibitanga is also in detention in an unrelated case. Ahead of the general election next year, early warning signs of a worsening situation have already emerged, notably the persecution of all dissident voices and further restrictions on independent media, including reports that the government has already banned international media from covering the next year's elections. This is a worrying precursor of further human rights violations to come.

In the past six months, there have been countless cases of arbitrary arrest and detention. Freedoms of expression, association and peaceful assembly are routinely curtailed. As the Commission’s previous report observed, the perpetrators of these human rights violations continue to operate in “a climate of impunity perpetuated by the lack of an independent judiciary.” These issues are significantly under reported and deliberately ignored by the government of Burundi, and by shining a light on their occurrence the Commission plays a vital role in addressing the human rights situation in Burundi.

We call on the government of Burundi to cooperate fully with the mandate including granting full access to the country, to re-open the OHCHR office, and to promote respect for human rights and fundamental freedoms including by releasing all detained human rights defenders, and we ask the Commission of Inquiry is there are any indications that these welcome steps may take place ahead of the elections next year. 

1.    Action des chrétiens pour l’abolition de la torture (ACAT Burundi)
2.    Association des Journalistes Burundais en exil 
3.    Association pour la protection des droits humains et des personnes détenues (APRODH)
4.    CIVICUS 
5.    Coalition Burundaise pour la CPI (CB-CPI)
6.    Coalition de la Société Civile pour le Monitoring Electoral (COSOME) 
7.    Collectif des avocats pour la défense des victimes de crimes de droit international commis au Burundi (CAVIB)
8.    Forum pour la Conscience et le Développement (FOCODE)
9.    Forum pour le renforcement de la société civile (FORSC)
10.  Ligue ITEKA
11.  Mouvement des Femmes et des Filles pour la Paix et la Sécurité (MFFPS). 
12.  Réseau des citoyens probes (RCP)
13.  SOS-Torture / Burundi
14.  Union burundaise des journalistes (UBJ)

41st Session of the UN Human Rights Council
Interactive Dialogue with the Special Rapporteur on the rights to peaceful assembly and association 
Joint statement by ICNL, Article 19, CIVICUS, ECNL, and World Movement for Democracy

Activists, peaceful protesters, and civil society have harnessed the power of the Internet and digital technologies, to share information, and to build and mobilise communities at unprecedented scale and speed. 

Whilst this Council has repeatedly affirmed the maxim that “the same rights that people have offline must also be protected online,” online civic space is under intense, and increasing pressure, worldwide. 

We therefore share the Special Rapporteur’s concern that many States, including members of this Council, misuse emerging technologies to surveil civil society groups and peaceful protesters, harass human rights defenders online, deliberately obstruct access to online information, and abuse vague legislation restricting online expression to target dissenting voices. 

In Sudan, we condemn the recent Internet shutdowns by the TMC, in an attempt to conceal the brutality of the unlawful and wholly disproportionate crackdown by the military against protesters, including the use of lethal force and disturbing accounts of sexual violence. This Council must hold Sudan to account, including by establishing a fact-finding mission. 

In Russia, merely posting about a protest online can attract reprisals. Just this month, prominent opposition activist Leonid Volkov - who webcast a protest in September 2018 - was arbitrarily detained for his alleged role in “organising” a protest and “inciting disorder”. 

In Turkey, the presence of secure communication apps on individuals’ devices has been used as the basis of bogus terrorism charges against journalists, and civil society. 

In Liberia this month, targeted shutdowns saw access to social media, email services and news agencies cut off in response to protests against state corruption.

These and all other efforts to frustrate the exercise of assembly and association rights online, and choke off civic space, demand the urgent attention of this Council. Our organisations encourage the Special Rapporteur to continue his work on this important area.

Mr President, 

We agree that as “gatekeepers” to online spaces, the private sector plays a vital role in safeguarding civic space online. The Ruggie Principles on business and human rights provide a clear framework to ensure human rights standards guide their policies and practices.

ARABIC

Your Excellency,

We remain highly concerned about the human rights situation in Saudi Arabia, in particular the recent mass executions of 37 men on 23 April, the continued arbitrary detention of human rights defenders including women human rights defenders and the ongoing impunity for serious human rights violations, including torture.

Joint Statement at the 41st Session of the Human Rights Council

CIVICUS and the Zimbabwe Human Rights NGO Forum (the Forum) welcome the High Commissioner’s update. With a continued focus on prevention, we request the High Commissioner and the Council to pay attention to the deteriorating situation in Zimbabwe. The government has continued with its crackdown on civil society in violation of fundamental rights and freedoms.

The state’s attacks on civil society have been systematic. Since the January 2019 shutdown atrocities where more than 17 people were shot dead and several injured, civil society members across the country have reported an increase in surveillance, abductions, arbitrary arrests and detention and interruption of their meetings by suspected state agents. Their legitimate and vital work of providing oversight, supporting and protecting vulnerable citizens, is now criminalised.

The nation is currently gripped with a crippling economic situation which is creating a restless population. The response of the government by closing civic space and trampling on fundamental freedoms is deplorable.

In the same period, Zimbabwe’s state-controlled media has led an onslaught against civil society leaders whom they accuse of planning to topple the government. These baseless allegations have been followed by a spate of arrests of civil society activists.  A total of eleven civil society leaders are currently facing charges designed to criminalise human rights work.

CIVICUS and the Forum request the members of the Council to pay special attention to the situation in Zimbabwe, to read the warning signs of a deteriorating situation and act accordingly.

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

To:
All Permanent Missions to the United Nations in Geneva and New York

Cc:
UN Secretary General
UN High Commissioner for Human Rights
Chairpersons of the Human Rights Treaty Bodies
Coordination Committee of UN Special Procedures

It is with a sense of urgency that we convey our deep concern regarding the critical funding situation affecting the UN’s human rights mechanisms and OHCHR. We understand that the combination of delays in payments of UN member states’ assessed contributions to the regular budget and the 25% cut to travel of UN representatives, including treaty body experts and Special Procedure mandate holders, and other budget cuts (2018-2019) may adversely impact on the capacity of various human rights mechanisms to carry out their mandates effectively.

In April, the Chairpersons of the 10 human rights treaty bodies were informed that due to the financial situation, the autumn 2019 sessions of six treaty bodies may need to be cancelled.[1] Not only is the cancellation of treaty body sessions deeply worrying as it may involve cancellation of reviews already scheduled and delay decisions on individual communications pending before the Committees but it also sends a troubling message ahead of the 2020 treaty body strengthening discussions. This unprecedented development would come as we celebrate the 30^th anniversary of the Convention on the Rights of the Child and the 40^th anniversary of the Convention on the Elimination of Discrimination against Women.

We understand that other independent expert mechanisms such as the Special Procedures, and other mechanisms created by the Human Rights Council such as Fact-Finding Missions and Commissions of Inquiry, may also be hampered in carrying out their mandates to monitor and investigate human rights violations.

As of 10 May, only 44 UN member states had paid all their assessments due to the UN. We would like to  commend Armenia, Australia, Austria, Bahrain, Bhutan, Brunei Darussalam, Canada, China, Cuba, Cyprus, Denmark, Estonia, Finland, Gabon, Georgia, Germany, Guyana, Hungary, Iceland, India, Ireland, Italy, Jamaica, Kuwait, Kyrgyzstan, Latvia, Liechtenstein, Malawi, Malaysia, Monaco, Nauru, Netherlands, New Zealand, Nicaragua, Norway, Poland, Rwanda, Samoa, Singapore, Slovakia, Solomon Islands, Sweden, Switzerland and Tuvalu for having done so.[2] 98 member states had paid their regular budget assessments by 20 May 2019.

The failure to pay assessed contributions is only the latest in a worrying trend of shortfalls and cuts affecting the UN budget allocated to its human rights mechanisms. In the 2018-2019 budget the General Assembly made adjustments to reduce the resources for experts by 15 per cent, reduce the travel of representatives by 25 per cent, and reduce resources for travel of staff by 10 per cent^[3], all without taking into account the disproportionate effect these decisions would have on the UN’s human rights mechanism. Only 3.7 per cent of the total UN regular budget is currently allocated to OHCHR[4]. We are extremely concerned by reports that the funding gap may affect the functioning of OHCHR and the human rights mechanisms in 2020 and beyond.

Against the worrying background of a global pushback against the promotion and protection of human rights, we urge all UN member states to:

• Pay their assessed contributions without further delay, unless they have already done so, in order to assure the functioning of the UN’s human rights mechanisms.
• Prioritise securing adequate funding for the UN’s human rights pillar, with the promotion and protection of human rights being also indispensable to development, peace and security.
• Initiate, in due time ahead of the 2020-2021 budget negotiations, discussions on how to reverse the trend of reduced regular budget for OHCHR and assuring that the UN’s human rights mechanisms are not disproportionately affected by over-all cuts to the UN budget, including by restoring the budget allocation for travel of representatives for these mechanisms.

[1] https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24621&LangID=E

[2] http://undocs.org/en/A/73/443/Add.1, para. 26 and https://www.un.org/en/ga/contributions/honourroll.shtml accessed on 27 May 2019.

[3] https://www.un.org/press/en/2017/gaab4270.doc.htm

[4] https://www.ohchr.org/EN/AboutUs/Pages/FundingBudget.aspx

SIGNATORIES