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 

#Tanzania: Activists & journalists are experiencing a rapid decline in #civicspace. 38 rights groups call on #UN Member States to take action at the Human Rights Council (#HRC). Joint letter: https://t.co/M9JM5MxQ99 pic.twitter.com/7XOOGugyeP

— CIVICUS (@CIVICUSalliance) May 13, 2019

Today, CIVICUS and 37 Tanzanian, African and international human rights organisations publish a letter calling on states to use the next session of the UN Human Rights Council (HRC) to raise concern over Tanzania’s situation in order to prevent a further deterioration.

Since a group of 30 NGOs first wrote a letter on Tanzania, in August 2018, the space for human rights defenders (HRDs), civil society, journalists, bloggers, the media, LGBTI persons, and opposition and dissenting voices has continued to shrink. The situation in Tanzania, which ranks 118th in Reporters Without Borders’ World Press Freedom Index this year, calls for a response at the United Nations. This can be in the form of individual (national) or joint statements by state delegations.

In the letter, the group of NGOs say: “While we do not believe that at this point, the situation calls for a [HRC] resolution, warning signs of a mounting human rights crisis exist.” We echo the statements delivered in recent months by the UN High Commissioner for Human Rights, and call for preventative engagement with the Tanzanian government.

To Permanent Representatives of Member and Observer States of the United Nations Human Rights Council

Open letter to States on preventative engagement with, and action on, Tanzania at the Human Rights Council’s 41st session
 
Excellency,
 
Ahead of the 41st regular session of the UN Human Rights Council (“the Council”), which will take place from 24 June-12 July 2019, we write to call on your delegation to deliver statements, both jointly and individually, and to engage in bilateral démarches to address the ongoing dete­rio­ration of the human rights situation in the United Republic of Tanzania. 

Since a group of 30 civil society organisations (CSOs) first addressed a letter on Tanzania to Council Members and Observers, in August 2018 references [1], the space for human rights defenders (HRDs), civil society, journalists, bloggers, the media, LGBTI persons, and opposition and dissenting voices has continued to shrink. While we do not believe that at this point, the situation calls for a resolution, warning signs of a mounting human rights crisis exist. 

In recent months, draconian legislation enacted since 2015 and legal and extra-judicial methods used to harass HRDs, threaten independent journalism, and restrict freedom of opinion and expression, peaceful assembly and association have been supplemented with measures that result in further closing the civic and democratic space in the country. [2]

Recent legislative, policy and practical developments have led to increased international and regional attention on Tanzania. The surge in the number, and strengthening of the wording, of statements delivered by the UN High Commissioner for Human Rights indicate that global concern is growing over the situation in the country, which for decades demonstrated a commitment to improving the human rights of all people, both nationally and within East Africa. 

On 2 November 2018, UN High Commissioner for Human Rights Michelle Bachelet raised the alarm on the fact that “[l]esbian, gay, bisexual and transgender people [have] been subjected to growing violence, harassment and discrimination over the past two years.” She expressed concern over these steps, warning that they “could turn into a witch-hunt and could be interpreted as a licence to carry out violence, intimidation, bullying, harassment and discrimination against those perceived to be LGBT.”[3]

On 4 February 2019, during an informal conversation Ms. Bachelet held with the Council President and Members, Ms. Bachelet raised concern about amendments to the Political Parties Act, stating: “Legislation passed by Tanzania’s Parliament last month sets up significant obstacles to the registration of political parties, and restricts them from carrying out basic activities like holding rallies and taking public stands on issues. This will clearly hamper prospects for free and fair elections in 2020.”[4] 

Ms. Bachelet asked Council Members to “engage Tanzania bilaterally on its rights situation” and urged the country to “accept visits of the Special Rapporteurs to advise on measures to protect public freedoms and other human rights concerns,” citing legislative curbs on freedom of opinion and expression, attacks on several prominent civil society members and opposition figures, restrictions on women’s access to health, and an overall “climate [that] denies Tanzanians their rights.” 

Since then, despite assurances provided by then Tanzanian Minister for Constitutional and Legal Affairs (now Foreign Minister), H.E. Mr. Palamagamba Kabudi, during the Council’s High-Level Segment [5], the situation has continued to deteriorate. Further signs of serious backsliding include the NGOs Coordination Board’s decision, on 17 April 2019, to de-register six CSOs. As reported by Watetezi TV, the revocation is based on the claims that the organisations had purportedly violated national values, principles and regulations of NGOs and operated against their own constitutions. They include the Community Health Education Services and Advocacy (CHESA), Kazi Busara na Hekima (KBH Sisters), AHA Development Organization Tanzania, Pathfinder Green City, Hope and Others, and HAMASA Poverty Reduction (HAPORE). 

On 25 April 2019, Dr. Wairagala Wakabi, the Executive Director of the Uganda-based Collaboration on International ICT Policy for East and Southern Africa (CIPESA), was detained, upon arrival, at Dar es Salaam Julius Nyerere International Airport. After hours of interrogation, Dr. Wakabi was deported back to Uganda as a “prohibited immigrant”. Law­yers reported that the au­tho­rities denied him entry into Tanzania on vague grounds of “national interest.”[6] CIPESA’s work in Tanzania and across Africa, advocates for human rights online.
 
Earlier, on 27 February 2019, the Information Services Department, which oversees newspaper licenses, tem­porarily suspended the publication license of The Citizen newspaper, on accusations that it had published reports that were “false,” “misleading,” and “seditious.” The suspension order cited, inter alia, a 22 July 2018 article on a sta­tement by US Senator Bob Menendez, which pointed to the erosion of democracy in Tanzania. Tanzanian authorities alleged the article contained “falsehoods” and had “se­di­tious intent” as defined in Article 52 of Tanzania's Media Services Act. [7]

Meanwhile, the fate or whereabouts of journalist Azory Gwanda, who disappeared in November 2017, remain unknown, which further highlights the need for the establishment of protection mechanisms for journalists and HRDs in Tanzania. 

The only recent, noticeable positive development is the 28 March 2019 judgment by the East African Court, which ruled that Sections 7(3)(a), (b), (f), (g), (h), (i) and (j); 19, 20 and 21; 35, 36, 37, 38, 39 and 40; and 58 and 59 of the abovementioned Media Services Act violate the Treaty for the Establishment of the East African Community. The Court directed the Tanzanian Government to take such measures as necessary to bring the Media Services Act into compliance with the Treaty [8]. This judgment offers a ray of hope in regional and international mechanisms as avenues for  ensuring respect for human rights in Tanzania. 

Building on these steps, we call on your delegation to make use, at the Council’s 41st session, of the following agenda items to raise concern over Tanzania, both jointly and in your national capacity: 

• General debate (GD) under item 2, following the High Commissioner’s update; 
• GD under item 3, in relation to the report of the High Commissioner on the work of OHCHR in the implementation and enhancement of international cooperation in the field of human rights and in relation to cooperation with special procedures;
• GD under item 4 [9]; 
• GD under item 10 [10]; and 
• Interactive dialogues (IDs) with:
  • the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, 
  • the Special Rapporteur on the rights to freedom of peaceful assembly and of association, and
  • the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity. 

Specifically, your delegation could encourage the Tanzanian Government to set a date for special procedure visits, starting with the visit of the Special Rapporteur on peaceful assembly and association, whose visit request has been agreed in principle in 2018 and in line with the statements delivered by the Tanzanian delegation at the Council’s 39th session [11]. 

Additionally, bilateral engagement in multilateral fora such as the Council and at the embassy level, in Tanzania, should be used to raise relevant issues with the Government. 

The options outlined in the present letter fit in a form of preventative engagement the Council has been seeking to promote as it works towards operationalizing its “prevention mandate.” The 41st session should be leveraged to help prevent a further deterioration of the human rights situation in Tanzania. 

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

Sincerely,

African Defenders (the Pan-African Human Rights Defenders Network)
African Freedom of Expression Exchange (AFEX)
Amnesty International
ARTICLE 19
Asian Forum for Human Rights and Development (FORUM-ASIA)
Association for Human Rights in Ethiopia (AHRE) – Ethiopia
Association for Progressive Communications (APC)
Center for Civil Liberties – Ukraine
Central Africa Human Rights Defenders Network (Réseau des Défenseurs des Droits Humains en Afrique Centrale – REDHAC) 
The Centre for Peace and Advocacy (CPA) – South Sudan
CIVICUS
Civil Rights Defenders
Collaboration on International ICT Policy for East and Southern Africa (CIPESA)
Committee to Protect Journalists
Commonwealth Human Rights Initiative
DefendDefenders (the East and Horn of Africa Human Rights Defenders Project)
Geneva for Human Rights / Genève pour les Droits de l'Homme
Human Rights Defenders Network – Sierra Leone
Human Rights Watch
International Commission of Jurists  
International Federation for Human Rights (FIDH) 
International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) 
International Service for Human Rights
The International Youth for Africa (IYA) – South Sudan
JASS (Just Associates)
Legal and Human Rights Centre (LHRC)
Ligue burundaise des droits de l’homme ITEKA – Burundi
MARUAH – Singapore
The Network of South Sudan Civil Society Organizations in Uganda (NoSSCOU)
The Nile Centre for Human Rights (NCHR – South Sudan)
Odhikar – Bangladesh
The ONE Campaign
Southern Africa Human Rights Defenders Network (SAHRDN) 
Reporters Without Borders
Robert F. Kennedy Human Rights
Tanzania Human Rights Defenders Coalition (THRDC)
West Africa Human Rights Defenders Network (ROADDH/WAHRDN) 
World Organisation Against Torture (OMCT) 

[1] DefendDefenders et al., “Tanzania: Open letter to States for joint action to address crackdown on civic space and prevent a further deterioration of the situation,” 16 August 2018, https://www.defenddefenders.org/press_release/hrc39-address-crackdown-on-civic-space-in-tanzania/ (accessed 25 April 2019). 

[2] Ibid., and see below for recent developments. Relevant laws include the Electronic and Postal Communications Act (2010) and Online Content Regulations (2018), the Statistics Act (2015), the Cybercrimes Act (2015), the Media Services Act (2016), and the Access to Information Act (2016). See full analysis in DefendDefenders, “Spreading Fear, Asserting Control: Tanzania’s assault on civic space,” 26 June 2018, https://www.defenddefenders.org/publication/spreading-fear-asserting-control-tanzanias-assault-on-civic-space/, accessed 25 April 2018.

[3] Office of the UN High Commissioner for Human Rights (OHCHR), “Bachelet: Tanzania has duty to protect – not further endanger – LGBT people,” 2 November 2018, https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23817&LangID=E (accessed 25 April 2019). 

[4] See also Reuters, “Tanzania MPs grant government sweeping powers over political parties,” 30 January 2019, https://www.reuters.com/article/us-tanzania-politics/tanzania-mps-grant-government-sweeping-powers-over-political-parties-idUSKCN1PO0IA (accessed 25 April 2019). 

[5] Statement available on the HRC webcast, http://webtv.un.org/search/tanzania-high-level-segment-5th-meeting-40th-regular-session-human-rights-council/6007149576001/?term=kabudi&sort=date (accessed 25 April 2019). 

[8] CIPESA, “CIPESA Executive Director Detained At Tanzania Airport – UPDATE,” 25 April 2019, https://cipesa.org/2019/04/cipesa-executive-director-detained-at-tanzania-airport/ (accessed on 1st May 2019).

[7] Committee to Protect Journalists, “Tanzania imposes 7-day publication ban on The Citizen,” 1st March 2019, https://cpj.org/2019/03/tanzania-citizen-7-day-publication-ban.php (accessed on 1st May 2019). 

[9] East African Court of Justice, First Instance Division, Reference No.2 of 2017, Media Council of Tanzania, Legal and Human Rights Centre Tanzania Human Rights, and Defenders Coalition vs. The Attorney General of the United Republic of Tanzania, 28 March 2019, available at: http://eacj.eac.int/wp-content/uploads/2019/03/Referene-No.2-of-2017.pdf (accessed 24 April 2019). 

[10] Although we do not believe that, at this point, Tanzania deserves to be considered under the same item as countries with some of the gravest human rights records, a diplomatically-worded statement under item 4, which would refer to the need for Tanzania to engage in dialogue and cooperation and to take corrective action before the situation calls for a more robust multilateral response, could make a useful contribution to sending the Government the right message. 

[11] Tanzania should be encouraged to accept advisory services to review and amend its legislation in order to bring it in line with its constitutional and international obligations, as well as to review and amend policies and practices, in particular those of law enforcement officials and regulatory authorities working with civil society and the media. 

[12] In a statement delivered under item 3 (GD), on 14 September 2018, Tanzania stated: “The United Republic of Tanzania remains fully committed to the promotion and protection of human rights in the country and globally. We call upon the International Community to continue supporting us in this endeavour.” In a right of reply the Tanzanian delegation exercised on 11 September 2018, under item 2, Tanzania addressed a series of concerns that had been expressed over its domestic situation and pledged to “continue working diligently to improve its human rights situation” (full statements available on the HRC extranet). 

CIVICUS makes seven joint UN Universal Periodic Review submissions on civil society space in Angola, Egypt, El Salvador, Iran, Iraq, Fiji and Madagascar

CIVICUS and its partners have made joint UN Universal Periodic Review (UPR) submissions on 7 countries in advance of the 34rd UPR session (October-November 2019). 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.

Angola - CIVICUS is deeply concerned by the use of several pieces of restrictive legislation, including provisions on criminal defamation in the Penal Code and several restrictions under Law 23/10 of 3 December 2010 on Crimes against the Security of the State against journalists and HRDs. CIVICUS is further alarmed by the restrictions on freedom of peaceful assembly, notably the frequent banning of protests, although no prior authorisation is legally required, and the arbitrary arrests of protesters. An evaluation of a range of legal sources and human rights documentation addressed in subsequent sections of this submission demonstrates that the Government of Angola has not fully implemented the 19 recommendations relating to civil society space.

Egypt - CIVICUS and the Arab NGO Network for Development (ANND) address increasing restrictions of freedom of assembly, association and expression in Egypt since its last review. The state has continued to undermine local civil society organisations through the ratification of the laws on Associations and other Foundations working in the Field of Civil; on Anti-Cyber and Information Technology Crimes; and the law ‘For organizing the right to peaceful public meetings, processions and protests. The submission also shows how this legislation has resulted in the detainment of scores of human rights defenders, including women, who have faced excessive amounts of surveillance, intimidation and slandering for their human rights work. Furthermore, in this period LGBTI activists have been assaulted, tens of NGOs closed in Case 173, and journalists have had their equipment confiscated. The UPR submission shows that Egypt has failed to implement any of the recommendations made in the last review, instead creating a more hostile environment for civic space actors.

El Salvador (ES) - CIVICUS and Fundación de Estudios para la aplicación del Derechos (FESPAD) examine the steps taken by the government of El Salvador to address restrictions on civic space. We highlight government willingness to engage civil society in a consultation process to develop a new Law for Social Non-Profit Organisations and call El Salvador to ensure that the law respects international standards on the right to freedom of association. We raise concerns about the ongoing violence and stigmatisation of LGBTQI rights defenders, women's rights defenders and sexual and reproductive rights defenders, and the lack of protection for and killings of journalists.

Iran - CIVICUS and Volunteer Activists assess the level of implementation of the UPR recommendations received by Iran during the 2nd UPR Cycle. Our assessment reveals that human rights violations continue in Iran as the authorities subject human rights defenders to judicial persecution, arbitrary arrests, harassment and intimidation. Freedom of association is severely restricted as civil society organisations that work on human rights issues and provide legal support to victims of human rights violations work in an extremely restricted environment. Peaceful assemblies are often violently repressed or banned and protesters have been arrested and detained. Journalists working for independent media platforms are targeted by the authorities while restrictive laws and policies are used to curtail freedom of expression and online freedoms.

Fiji - CIVICUS, the Pacific Islands Association of Non-Government Organisations (PIANGO), Fiji Women’s Rights Movement (FWRM) and the Citizens’ Constitutional Forum (CCF) highlights how an array of restrictive laws in Fiji are being used to muzzle the press, silence critics and create a chilling effect in the country for activists and human rights defenders. The submission also examines barriers to hold peaceful protests, imposed by the authorities against civil society and trade unions as well challenges related to freedom of association.

Iraq - CIVICUS, the Arab NGO Network for Development (ANND), the Iraqi Al Amal Association and the Al-Namaa Center for Human Rights highlight the continuous violations with impunity committed by state and government-affiliated not-state actors in Iraq against journalists, activists and human rights defenders including concerted targeted attacks, arbitrary and incommunicado detention, torture and intimidation. Several high-profile targeted killings of women human rights defenders (WHRDs) restricted the already culturally-constrained space for WHRDs. The civil society environment further deteriorated as the authorities proposed draft laws threatening freedom of expression, suspended critical media outlets and brought lawsuits against journalists and activists to curb dissent. The authorities also imposed undue limitations to freedom of assembly by using disproportionate and excessive lethal force to suppress mostly peaceful protests, resulting in dozens of protesters killed and hundreds injured, including children.

Madagascar - CIVICUS examines how human rights defenders, particularly those working on environmental and land rights, are subjected to judicial persecution, arbitrary arrests and detention. Most of these human rights defenders are targeted when they engage in advocacy and raise concerns over the environmental effects of the activities of mining companies in their communities. Restrictive legislation including a Communications Law and Cyber Crimes Law are used to restrict freedom of expression, target journalists and newspapers. The Malagasy authorities continue to restrict freedom of assembly particularly during politically sensitive periods like elections or when activists working with communities engage in peaceful protests.

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

Joint NGO Statement - End of 40th Session of the UN Human Rights Council

We welcome the positive step the Council has taken in the direction to effectively protect environmental human rights defenders (EHRDs) from the grave reality they face every day. By adopting the resolution by consensus, the Council has collectively and explicitly recognized the vital role of EHRDS, including in attaining the SDGs sustainable development goals and ensuring that no-one is left behind, and called for their protection. We also welcome the call on States to provide a safe and empowering context for initiatives organised by young people and children to defend human rights relating to the environment. We, however, regret that the resolution does not squarely address the obligations of international financial institutions and investors.

We welcome South Africa’s leadership to put on the Council’s agenda emerging human rights issues, in bringing attention to the multiple and intersecting forms of discrimination that women and girls face in the field of sports, especially on the basis of race and gender.

The Council has ensured its continued attention to grave rights violations across the globe.

While we welcome the extension of Council attention on Sri Lanka for another two years, a concrete, transparent, and time-bound action plan is urgently needed to implement its commitments under resolution 30/1 in collaboration with OHCHR. Given the lack of progress and political will to implement these commitments, in the absence of immediate progress, the Council should consider additional measures or mechanisms for ensuring victims' rights to truth, justice and reparations. Individual States need not wait to exercise universal jurisdiction.

We welcome the resolution on Myanmar and its strong focus on ending impunity and ensuring accountability, and we call for the swift operationalisation of the Independent Investigative Mechanism (IIM). We welcome steps taken to review the UN's involvement in Myanmar. We urge the UN Secretary-General to ensure that it is independent and transparent, and present the findings and recommendations at the Council’s 43rd session.

We welcome the renewal of the mandate of the Commission on Human Rights in South Sudan, a vital mechanism for human rights reporting and evidence gathering. It sends the right message to the government and all parties to the conflict: There can be no lasting peace without justice.

The Council continued this session to initiate action on country situations based on objective criteria through resolutions and joint statements.

By adopting a resolution on Nicaragua, the Council sent a signal to victims of the current crisis that the international community will not allow impunity for the serious ongoing violations to prevail. We look forward to robust reporting from the OHCHR and we urge the Nicaraguan government to fully engage with the Office to ensure the victims’ rights to truth, justice and reparation.

The Council sent a strong message of support to human rights defenders in Saudi Arabia through the joint statement by 36 States, led by Iceland, calling for the release of detained women human rights defenders and called on the Saudi government to fully cooperate with the Special Rapporteur on extrajudicial, summary or arbitrary executions in her investigation into the killing of journalist Jamal Khashoggi. We urge the Saudi authorities to respond fully to these calls, and States to follow up with a resolution at the June session to maintain attention to the situation until meaningful progress, including the release of defenders, is made.

LGBT people in Chechnya are being abducted, locked up in secret detention sites, tortured and sometimes killed purely because of their sexual orientation.  We welcome the joint statement on Chechnya delivered by more than 30 States and join the call on the Russian authorities for the persecution to stop: for the immediate and unconditional release of all detained for their actual or perceived sexual orientation or gender identity, and for swift, thorough, and impartial investigations.  

We welcome the Cameroon joint statement which advances both Council membership standards and its prevention mandate, and urge the Council to keep the matter under scrutiny.

While we have welcomed the Council’s attention to several situations of gross rights violations, we remain concerned about the lack of consistent and principled leadership by States, in particular by Council members.

We are disappointed that even though the demands of several EU and WEOG States to move the resolution on accountability for crimes committed in the Occupied Palestinian Territories from item 7 to item 2 was met, they still failed to support the resolution. This suggests that no matter the item number, some WEOG members continue in failing to protect the human rights of Palestinians, effectively shielding Israel from accountability.

We regret that States have yet again failed to initiate Council action on the Philippines amidst continued unlawful killings in the government's so-called war on drugs, and increased targeting of independent media, civil society organisations, and human rights defenders. We reiterate our call on the Council to take action to mandate an independent investigation to establish the facts of human rights violations including extrajudicial executions and attacks against media and civil society, address impunity, and take steps towards justice and reparations for the victims and their families, and hope action will be taken in this regard at the next Council session.

We are deeply disappointed that the resolution adopted on Libya again lacks any meaningful accountability mechanism or mandate, despite the impunity for the widespread and systematic violations of international humanitarian and human rights law that prevail there.

We deplore that despite credible reports of the detention of up to 1 million Uyghurs and other Turkic Muslims in western China, the Council has yet again given a pass to China, permitting impunity for widespread and severe human rights violations. The efforts China has made to keep States silent, exemplified by intimidation and threats on the one hand and whitewashing the situation on the other, demonstrate the degree to which Council action could have had meaningful results if States had instead called clearly and collectively for an independent, unrestricted fact-finding mission.

On the resolution on the rights of the child, we regret the Council’s inability to emphasize the empowerment, autonomy and capacity of children with disabilities, and including to ensure that their sexual and reproductive health and rights must be respected, protected and fulfilled.

We applaud Mexico and other States’ resolve to safeguard the independence of the mandate of the Special Rapporteur on the promotion and protection of human rights while countering terrorism and to resist any attempts to dilute, distract or distort its essential focus, ensuring that the Rapporteur can continue to have positive impacts both in preventing and responding to human rights violations committed in the name of countering terrorism and in relation to the human rights of victims of terrorism. We urge States to remain vigilant to resist future attempts to undermine the Special Procedures system- the eyes and ears of the Council.  

We welcome the Council’s renewal of the mandates of the Special Rapporteur on Iran and the Commission of Inquiry on Syria, so that both can continue to perform their vital work fulfilling their respective mandates and addressing the dire human rights situations in both countries.  We urge the Iranian and Syrian authorities to change their posture of noncooperation with the respective mandate .

Several of our organisations have urged the UN High Commissioner to publish the database on businesses in Israeli settlements and were alarmed at its further delay.  We urge the High Commissioner to release the database with all due haste.

We welcome the renewal of the Special Rapporteur on freedom of religion or belief mandate, and the maintenance of consensus on the Council resolution 16/18 framework for addressing religious intolerance . Rising intolerance and hate is a global concern, and States must move beyond rhetoric to action in implementing these standards.

The High Commissioner’s update on Venezuela during this session reflected the dire human rights situation in Venezuela. We urge all States to consider what more the Council can do to address the worsening human rights crisis in the country and to support all victims.

We note the highly disturbing report by the Special Rapporteur on adequate housing concerning grave reprisals by the Egyptian government against those who cooperated with her during her recent visit to the country and urge this Council to take action to address these attacks.  

We welcome the passage of the resolution on Georgia and the continued attention devoted to the importance of full and unimpeded access for the Office of the High Commissioner and international and regional human rights mechanisms.

Signatories:

1. Amnesty International
2. ARTICLE 19
3. Asian Forum for Human Rights and Development (FORUM-ASIA)
4. DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
5. Center for Reproductive Rights
6. CIVICUS
7. Human Rights House Foundation
8. Human Rights Watch
9. International Commission of Jurists
10. International Federation for Human Rights (FIDH)
11. International Service for Human Rights

TO: Member states of the United Nations Human Rights Council
15 March, 2019

Your Excellency,

We, the undersigned Iranian and international human rights organisations, urge your government to support resolution A/HRC/40/L.15 renewing the mandate of the United Nations Special Rapporteur on human rights in the Islamic Republic of Iran, to be tabled during the 40th session of the Human Rights Council. 

The renewal of this mandate is warranted by the persistence of serious, chronic and systematic violations of civil, political, economic, social and cultural rights in the country, which have only become more dire over the past year. The capacity and expertise of the mandate are necessary to address the on-going repression in Iran, including through conducting urgent documentation and urgent actions and through sustained and continuous engagement with the Iranian authorities in order to advance the promotion and protection of human rights in the country.

Discontent with corruption and mismanagement of resources and demands for civil and political as well as economic, social and cultural rights have led to protests across the country over the last year. These protests and strikes have often been met by arbitrary arrests and detentions, as well as violations of the rights to freedom of association, expression and peaceful assembly. In 2018, at least 5 individuals, including protestors, have died in state custody and authorities have failed to conduct any transparent investigation into the circumstances of their death. State repression has been especially severe against already marginalized communities and ethnic minorities, for whom these issues are particularly acute. The security forces have violently dispersed peaceful demonstrations, beating unarmed protesters and using live ammunition, tear gas and water cannons against them.

The authorities have intensified their efforts to choke off the space for civil society work. Dissenting voices, including journalists, online media workers and human rights defenders, including human rights lawyers, labour rights activists and women’s rights defenders, have been subjected to arbitrary arrests and detention, simply for speaking out. In 2018, at least 63 environmental activists were arrested. They include eight conservationists who could face the death penalty or long prison terms following a grossly unfair trial for their wildlife conservation work. Space for online expression continues to be closed off as part of efforts to inhibit the free flow of information in the country, as exemplified by the blocking of the popular instant messaging application Telegram.

Meanwhile, the Iranian authorities have consistently failed to adopt and enact legislation and policies that would address the core human rights violations that people in the country have been facing for decades, despite the many recommendations it has received from UN human rights bodies and through the UPR to that effect, and despite continued popular demands expressed through strikes and protests.

Long-standing bills pertaining to the protection of children against abuse and violence against women remain stalled, and some of the reforms included in the original drafts have already been watered down by the Guardian Council and the judiciary. In December 2018, a parliamentary committee rejected an amendment to the article on the age of marriage in the Civil Code, which would have banned marriage for girls under 13. Moreover, no legislative efforts were made to abolish the death penalty for individuals under the age of 18 at the time of the offence, which Iran practises “far more often than any other states”, as the Special Rapporteur stressed in his report.

Meanwhile, as abundantly documented by the Special Rapporteur on human rights in Iran, by the UN Secretary General, and by civil society organizations, legislation, policies and state practices continue to be at odds with international human rights standards on women’s rights, the rights of the child, ethnic minority rights, the rights of recognized and unrecognized religious minorities, the rights of lesbian, gay, bisexual, transgender and intersex persons, the rights to freedom of association, expression and peaceful assembly, freedom of thought, conscience and religion, protection from torture and other ill-treatment, the right to life, due process and fair trial guarantees, as well as the equal enjoyment of economic, social and cultural rights. 

Human rights organisations documented the executions of over 230 individuals in 2018, a decrease from last year, most likely as a result of amendments to the country’s drug law that went into force in November 2017. Authorities executed at least six who were under the age of 18 at the time of the offence. Iranians belonging to ethnic minorities, especially Kurds and Baluchis, have been disproportionately represented in execution statistics. Trials that violated due process and fair trial guarantees led to capital sentences, and death sentences were pronounced against individuals for a large range of offences that do not constitute the most serious crimes under international law. 

Rampant impunity remains prevalent in the judicial system. The most flagrant example is the systematic impunity that exists with respect to the on-going enforced disappearances and the secret extrajudicial executions of 1988; many of the perpetrators involved continue to hold positions of power, including in key judicial, prosecutorial and government bodies responsible for ensuring that victims receive justice. Indeed, the newly appointed head of the judiciary, Ebrahim Raisi, is one of the aforementioned perpetrators, who was the deputy prosecutor general of Tehran in 1988 and a member of the Tehran “death commission”.

The work carried out by the Special Rapporteur has been critical to amplifying the voices of victims of human rights abuses within the UN system. This work also supports a stifled domestic civil society, identifies systemic challenges, stimulates discussions about human rights within Iran, calls for key human rights reforms, and takes action on a large number of individual cases through individual communications, thereby saving or otherwise impacting the lives of many in Iran.

For all these reasons, we call on your government to support the renewal of the mandate of the UN Special Rapporteur on human rights in Iran, and show that the community of states requires tangible change in the human rights record of the country, in line with Iran’s treaty obligations and UPR commitments. 

Abdorrahman Boroumand Center
The Advocates for Human Rights
All Human Rights for All in Iran
Amnesty International
Arseh Sevom
Article 18
ARTICLE 19
ASL19
Association for the Human Rights of the Azerbaijani people in Iran (AHRAZ)
Association for Human Rights in Kurdistan of Iran-Geneva (KMMK-G)
Balochistan Human Rights Group
Center for Human Rights in Iran
Center for Supporters of Human Rights
Child Rights International Network (CRIN)
CIVICUS – World Alliance for Citizen Participation
Conectas Direitos Humanos
Ensemble Contre la Peine de Mort (ECPM)
Freedom from Torture
Freedom House
Freedom Now
Human Rights Activists in Iran (HRAI) 
Human Rights Watch
Impact Iran
International Commission of Jurists (ICJ)
International Federation for Human Rights (FIDH)
International Lesbian and Gay Association (ILGA)
International Movement Against All Forms of Discrimination and Racism (IMADR)
International Service for Human Rights (ISHR)
Iran Human Rights
Iran Human Rights Documentation Center
Justice for Iran
Kurdistan Human Rights Network
Minority Rights Group International
OutRight Action International
Reprieve
Siamak Pourzand Foundation
Small Media
United for Iran
West African Human Rights Defenders' Network
World Coalition Against the Death Penalty
World Organization Against Torture (OMCT)
6Rang – Iranian Lesbian & Transgender Network

UN Human Rights Council – 40th Session
15 March 2019
Oral Statement

The Arab NGO Network on Development, the Phenix Center for Economic & Informatics Studies and CIVICUS welcome the government of Jordan’s engagement with the UPR process, including its decision to accept over 100 recommendations on a range of human rights issues. 

While we applaud the government’s commitment to “ensure that all domestic legislation is in compliance with the International Covenant on Civil and Political Rights, particularly in relation to the right to freedom of expression” we regret the government’s lack of explicit commitment to review legislation that impose unnecessary and disproportionate restrictions on freedom of expression, such as the Anti-Terrorism Law and the 2015 Cybercrime Law. 

We are further concerned that there are tight state controls on CSOs’ registration, funding and activities and that there is a lack of commitment to review the 2009 Law on Societies which restricts the work of CSOs. In addition, the government has yet to reform the Labor Code in order to comply with the Jordanian constitution, Constitutional Court decision No. 6 of 2013 and international labor standards, so that all workers in the public and private sectors have the right to form trade unions by removing all restrictions in the Jordanian labor law and the civil service bylaw. 

We also note that since the last UPR, regular protests have been staged calling for rights-based social and economic reforms. These calls should be taken into consideration and integrated in the Government’s plan, including in its efforts on the implementation of the Agenda 2030 and the SDGs. 

Madame Vice-President, we call on Jordan to implement recommendations it accepted on promoting the right to freedom of expression and further commit to review legislation that imposes unnecessary and disproportionate restrictions on the freedom of expression. Specifically, we urge the government to remove the provisions under the the Law on Associations that unduly restrict the activities and funding of civil society organisations. 

Civic space in Jordan is rated as Obstructed by the CIVICUS Monitor

See our joint submission on Jordan for the UN Universal Periodic Review 

UN Human Rights Council – 40th Session
15 March 2019
Oral Statement

The Nigeria Network of NGOs and CIVICUS welcome the Government of Nigeria’s engagement in the 3rd cycle of the UPR process, including accepting a range of recommendations presented by the UPR Working Group in November 2018.

We note that since the 2nd UPR review, the government has worked towards strengthening security operations through retraining law enforcement personnel in interrogation. However, we urge Nigeria to put effective measures in place to curb police brutality through a comprehensive reform of the police force.

It is disappointing to note that despite the continued harassment of the press and of civil society organisations, the national report of Nigeria barely addressed the issue of restrictions on civic space. Arrests, detentions and harassment of human rights defenders continues. Maryam Awaisu, one of the leaders of the #ArewaMeToo movement, was arrested in her office in February 2019. In January, the Abuja and regional offices of the Media Trust Limited, publishers of the Daily Trust newspapers, were raided by soldiers. The paper’s regional editor and a reporter were arrested and later released.

Although the Non-Governmental Organisations Regulatory Bill was rejected, we note with concern a new bill that is before the Senate, the Establishment of the Federal Charities Commission of Nigeria, which seeks to regulate the activities of NGOs. We urge Nigeria not to adopt laws that would further undermine civic space.

We call on the Nigerian government to consider the 12 recommendations made by delegates relating to civic space and the operations of security personnel whilst fully implementing the eight accepted recommendations from the previous review relating to the protection of journalists, human rights defenders and civil society activists.

Civic space in Nigeria is rated as Obstructed by the CIVICUS Monitor

See our joint submission on Nigeria for the UN Universal Periodic Review 

UN Human Rights Council – 40th Session
15 March 2019
Oral Statement

Pusat Komas and CIVICUS welcome the government of Malaysia’s engagement with the UPR process.

While we welcome the commitments of the Malaysian government to ratify all core UN human rights treaties during the UPR review, we regret the decision of the government in November 2018 not to ratify the International Convention on the Elimination of All Forms of Racial Discrimination. We are concerned by the lack of a clear timetable to ratify the other core treaties.

We note commitments made during the UPR review to repeal the draconian Sedition Act and other laws that restrict fundamental freedoms. However, since the review we regret that a moratorium on the use of these laws has been lifted and there have been arrests of individuals under the Sedition Act for exercising their right to expression. We are also concerned that the Sedition Act and the Communications and Multimedia Act have been used by the police to interrogate human rights defenders, including human rights lawyer Fadiah Nadwa Fikri and Sevan Doraisamy, the director of rights group SUARAM, simply for expressing their opinions. The government has also failed to denounce racism and bigotry by opposition political leaders.

We note that recommendations were made to respect freedom of assembly, including to review the Peaceful Assembly Act which contains provisions inconsistent with international law. However, we are concerned that activists continue to face arrests for their involvement in demonstrations. Student activists Asheeq Ali and Siti Nurizzah were arrested for a peaceful sit-in at the Ministry of Education in September 2018.

Mr President, we call on Malaysia to implement the recommendations it accepted on protecting fundamental freedoms and immediately review or repeal all restrictive laws that undermine civic space, immediately halt their use against government critics, and to create an enabling environment for CSOs and human rights defenders.

Civic space in Malaysia is rated as Obstructed by the CIVICUS Monitor

See our joint submission on Malaysia for the UN Universal Periodic Review 

UN Human Rights Council – 40th Session
15 March 2019
Oral Statement

The Senegalese Coalition of Human Rights Defenders (COSEDDH) and CIVICUS welcome the engagement taken by the government of Senegal in the UPR process, and welcome the acceptance of several recommendations on civic space during its review by the UPR Working Group in November 2018. 

We now encourage the government of Senegal to take concrete measures to implement these recommendations. 

Freedom of expression in Senegal is still limited by restrictive provisions in the 2017 Press Code and the Criminal Code. Despite several public declarations by President Macky Sall on the decriminalisation of press offenses, the 2017 Press Code continues to criminalise such offenses and even raised maximum prison sentences and fines. The Criminal Code provides prison sentences for defamation and insulting the president, which could be used against people for simply expressing dissenting opinions. 

Article 27 of the Law on the Code on Electronic Communications, adopted by the National Assembly in November 2018, endangers the neutrality of the internet under the guise of ‘reasonable measures of traffic management’, which could have further grave implications for freedom of expression.

There have been several cases of arbitrary bans by administrative authorities, often invoking reasons of ‘preservation of public order’ to ban demonstrations by CSOs and opposition parties. And there have been cases where security forces have used excessive force against protests. In May 2018, security forces used live ammunition during clashes with students during a protest at the University Gaston Berger in Saint-Louis, killing one student, and injuring several others. 

Recently, authorities have engaged in acts of intimidation against the social movement Y’en a Marre, investigating its funding and interrogating three of its international donors. In November 2018, authorities withdrew for five months the operating license of the NGO Lead Francophone.

Mr President, the Senegalese Coalition of Human Rights Defenders (COSEDDH) and CIVICUS encourage the government of Senegal to take proactive measures to resolve these concerns. We encourage the government to implement the recommendations to create and maintain an enabling environment for civil society in Senegal.

Civic space in Senegal is rated as Obstructed by the CIVICUS Monitor

See our joint submission on Senegal for the UN Universal Periodic Review 

UN Human Rights Council – 40th Session
15 March 2019
Oral Statement

CIVICUS welcomes the government of Mexico's engagement with the UPR process.

However, in our joint UPR submission with the Front for the Freedom of Expression and Social Protest (FLEPS), we documented that since its last review Mexico has not implemented 25 of the 26 recommendations that it received relating to civic space, most of which concerned the effectiveness of the Protection Mechanism for human rights defenders. While some progress has been made in the implementation of this mechanism, there is a worryingly insufficient emphasis on prevention and a neglect of investigations, resulting in persistent human rights violations against human rights defenders and impunity for the crimes committed against them. Most recently, indigenous activist Samir Flores was killed to silence his fight against the construction of a gas pipeline and gas power plant, the Proyecto Integral Morelos (PIM). 

As detailed in our submission, Mexico also continues to be the world’s deadliest country for journalists, who are routinely threatened and physically attacked. Those who express criticism of the powerful in radio, television, print or digital media all run the same risks as human rights defenders and are often forced to censor themselves.

Additionally, no progress has been observed towards media pluralism, and a deliberate and systematic use of official advertising to domesticate the independent press has been observed. Excessive criminal provisions on defamation, slander and insult continued to be used against journalists and the media.

As detailed in our submission, the right to assemble is also being restricted under the 2017 Interior Security Law and through the use of geolocation, data retention technologies and the suspension of phone services.

We call on the Government of Mexico to take proactive measures to address these concerns. 

Civic space in Mexico is rated as Obstructed by the CIVICUS Monitor

See our joint submission on Mexico for the UN Universal Periodic Review 

While acknowledging the integral role that this Council plays in holding governments to account for wilfully persecuting individuals and groups who speak truth to power, we would like to use this opportunity to celebrate the recent civil and political liberation ushered in by sustained protest movements in Ethiopia,  while further encouraging the government of Ethiopia to ensure that this transformation is sustainable rather than fleeting, systemic rather than cosmetic. 

For nearly a decade CIVICUS and its partners have stood before the Council urging it to address the devastatingly restrictive environment for civic space in Ethiopia. We warmly appreciate the determination of several governments including Ireland, Canada, Germany and Norway as well as a number of Special Procedure mandate holders who continued to voice their concerns about the unrelenting attacks on civic freedoms in Ethiopia. 

Today, in large part due to the uncompromising and audacious resoluteness of protesters and human rights defenders, Ethiopia is on the precipice of emerging as country ruled by pluralism rather than authoritarianism. 

However, this transformation will remain incomplete if the Government of Ethiopia does not take all necessary steps to ensure inclusive participation in policy making, ensure a free and safe environment in advance of upcoming elections, address long standing grievances especially pertaining to access to land, and hold to account all state officials responsible for grave right violations. 

We urge all stakeholders, including state, civil society and UN agencies to endow this evolving transformation with the requisite support and resources.

Civicspace is rated as Repressed by the CIVICUS Monitor

Joint Letter at the 40th session of the UN Human Rights Council
Our organisations are calling on all UN Member States to demonstrate their support to environmental human rights defenders. 

March 12, 2019
To: UN Member States

We all want to breathe clean air, drink safe water, and to be able to provide sustenance and a healthy, dignified life for our families. Human survival and well-being rests on a biodiverse and healthy environment and a safe climate. Environmental human rights defenders help us to achieve that - they defend the planet and their communities from the impact of harmful resource extraction or pollution by unscrupulous companies or governments. Their work is essential to attaining the sustainable development goals and ensuring that no-one is left behind.

We need your support to defend environmental human rights defenders.

At its current 40th session, the Human Rights Council is discussing a draft resolution on environmental human rights defenders. This is a timely and important initiative as UN agencies, human rights organisations and the media have documented unprecedented killings and attacks against people defending land and the environment.

It is important for the Council to adopt a resolution that reflects the gravity and the reality of the situation defenders face every day. We therefore call on members of the UN Human Rights Council to ensure that the resolution adopted by the Council clearly:

• Outlines the root causes of the threats against environmental human rights defenders, including development and commercial activities with adverse social and environmental impacts, or those imposed on communities without meaningful consultation and respect for their rights;
• Recognises that environmental human rights defenders confront multiple adverse interests when challenging State and corporate activities, and highlights the collusion between different actors which hinders the work of defenders and aggravates their vulnerable position;
• Clearly names the industries and activities most dangerous to defenders, such as the mining industry, natural resource exploitation, agribusiness and large-scale development projects;
• Acknowledges the wide number of States that have recognised the right to a healthy environment in their internal legal order;
• Recognises that the lack of effective access to information, access to participation and access to justice causes environmental conflicts and leads to violence against defenders
• Calls for the development of protection mechanisms for environmental human rights defenders in line with best practice identified by the Special Rapporteur;
• Articulates the specific risks women and indigenous human rights defenders face and the need for an intersectional approach in assessing and designing protection measures for defenders;
• Calls on States to ensure that all communities are meaningfully consulted and can participate genuinely in matters that affect their rights and, in particular the use, management and conservation of their land and natural resources;
• Calls on States to guarantee the right to free, prior and informed consent for indigenous peoples;
• Calls on States to adopt legislation that creates due diligence obligations for companies registered in their jurisdictions and those of their subsidiaries;
• Articulates the responsibility of businesses to respect the rights of human rights defenders and highlights measures companies should take to contribute to addressing their insecurity;
• Adequately articulates the responsibility of investors and the obligations of development finance institutions to respect human rights in the context of their investments and to develop and implement effective policies to prevent and address threats; and
• Stresses that an open civic space, including respect for the rights to freedoms of expression, peaceful assembly and association and movement, as well as the right to participate in the conduct of government and public affairs, is vital to the protection of both a healthy and sustainable environment and environmental human rights defenders.

The draft being negotiated in Geneva contains some of these essential elements, which must be defended, but also offers significant potential for strengthening.

As negotiations enter the final stretch, we urge you to actively support the development of a resolution which clearly recognises the vital contribution of environmental human rights defenders to sustainable development and the effective enjoyment of human rights and formulates concrete asks of the States, development finance institutions and companies with the power of safeguarding that contribution.

1. International Service for Human Rights (ISHR)
2. Amnesty International
3. Asian Forum for Human Rights and Development (Forum Asia)
4. CIVICUS
5. DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
6. Earth Justice
7. Front Line Defenders
8. Global Witness
9. JASS (Just Associates)
10. IM-Defensoras
11. Christian Development Alternative (CDA)
12. Nigerian Women Agro Allied Farmers Association
13. Social Justice Connection
14. Franciscans International
15. Unidad de Protección a Defensoras y Defensores de Derechos Humanos - Guatemala (UDEFEGUA)
16. Geneva for Human Rights
17. Robert F. Kennedy Human Rights
18. Réseau Ouest africain des Défenseurs des Droits Humains/West African Human Rights Defenders' Network
19. Coordination des associations et des particuliers pour la liberté de conscience
20. La'o Hamutuk
21. Karapatan Philippines
22. Human Rights House Foundation
23. HETAVED SKILLS ACADEMY AND NETWORKS
24. International Commission of Jurists
25. Conectas Direitos Humanos
26. World Movement for Democracy
27. Association for Human Rights in Ethiopia (AHRE)
28. Center for Civil Liberties
29. Urgent Action Fund for Women's Human Rights
30. Human Rights Concern - Eritrea (HRCE)
31. International Women's Development Agency (IWDA)
32. Humanitaire Plus (Togo)
33. Coalition Burkinabé des Défenseurs des Droits Humains
34. AMARA
35. Gender and Development for Cambodia (GADC)
36. Odhikar
37. Freedom House
38. Red Internacional Unión Latinoamericana de Mujeres - Red ULAM
39. Freedom House
40. Rivers without Boundaries Mongolia
41. Asian Legal Resource Centre
42. OYU TOLGOI WATCH
43. Ligue Burundaise des droits de l’homme Iteka
44. International Centre for Ethnic Studies (ICES)
45. AVIPA association des victimes parents et amis du 28 septembre 2009 Guinée
46. Porgera Red Wara (River) Women's Association Incorporated (PRWWA INC.)
47. KRuHA - people's coalition for the right to water
48. Asia Pacific Network of Environment Defenders (APNED)
49. EMPOWER INDIA
50. EarthRights International
51. Dawei Probono Lawyer Network (DPLN)
52. Africa Network for Enivironment and Economic Justice(ANEEJ)
53. Partnership for Justice, Nigeria
54. Association for Progressive Communications (APC)
55. Huridocs
56. Steps Without Borders NGO
57. Humanists International
58. Coalition Togolaise des Défenseurs des Droits Humains (CTDDH)
59. Labour,Health and Human Rights Development Centre
60. Institute for Multi-Resource Development (IMdev)
61. Not1More
62. Patrons of Khuvsgul lake movement
63. Liberia Coalition of Human Rights DefendersHuman Concern, Inc
64. Brot für die Welt
65. ARTICLE 19
66. Peace Brigades International
67. Metro Center Journalists Rights & Advocacy
68. World Uyghur Congress
69. 350.org
70. International Movement Against All Forms of Discrimination and Racism (IMADR)
71. Latinamerikagrupperna
72. World Organisation Against Torture (OMCT)
73. Center for International Environmental Law (CIEL)
74. SUDIA
75. Synergia - 36/5000 Initiatives for Human Rights
76. Philippine Misereor Partnership Inc.
77. Alyansa Tigil Mina (ATM)
78. Center for Women's Global Leadership
79. Transformative and Integrative Build Out For All
80. Institute for Strategic & Development Studies
81. Reseau de Femmes du mMlieu Rural Haitien
82. East Timor and Indonesia Action Network (ETAN)
83. FIFCJ
84. Women's International League for Peace and Freedom (WILPF)
85. Association for Women's Rights in Development (AWID)
86. Zo Indigenous Forum
87. MADRE
88. FOKUS Forum for women and development
89. Bougainville Women's Federation
90. Human Rights Council-Ethiopia
91. Environment Defenders Advocacy
92. Porgera Women's Rights Watch
93. Independent Human Rights Analyst and Strategy Advisor
94. Buliisa Initiative for Rural Development Organisation (BIRUDO)
95. Community Resource Centre Foundation
96. MANUSHYA FOUNDATION
97. Equitable Cambodia
98. Friends with Environment in Development
99. Corporate Human Rights Benchmark (CHRB)
100. Association For Promotion Sustainable development
101. WoMin Afrcan Alliance
102. Both ENDS
103. Child Rights Connect
104. CONSEIL REGIONAL DES ORGANISATIONS NON GOUVERNEMENTALES DE DEVELOPPEMENT
105. Enda Lead Afrique Francophone
106. Human Rights Law Centre
107. Business & Human Rights Resource Centre
108. World Voices Uganda
109. Africa Center for Policy Facilitation
110. Estonian Forest Aid
111. Community Transformation Foundation Network (COTFONE)
112. Collectif Camerounais des Organisations des Droits de l'Homme et de la Démocratie (COCODHD)
113. Global Initiative for Economic, Social and Cultural Rights
114. North-East Affected Area Development Society (NEADS)
115. Sangsan Anakot Yawachon Development Project
116. Forum Syd Sweden
117. COALITION AGAINST LAND GRABBING (CALG) - PHILIPPINES
118. UNLAD-BLFFA
119. Asian NGO Coalition for Agrarian Reform and Rural Development (ANGOC)
120. BankTrack
121. CORE Coalition
122. The Gaia Foundation
123. Labour Behind the Label
124. Bataris Formation Center
125. Salva la Selva
126. Observatoire d'etudes et d'appui a la responsabilite sociale et environnementale ( OEARSE )
127. REd de Género y Medio Ambiente
128. London Mining Network
129. Abibiman Foundation
130. Ecodesarollo
131. The Kesho Trus
132. Organisation mondiale contre la torture
133. PAPUA NEW GUINEA MINING WATCH GROUP ASSOCIATION INC
134. 11.11.11 - Koepel van de Vlaamse Noord-Zuidbeweging
135. Center for Global Nonkilling
136. Centro salvadoreño de Tecnología Apropiada
137. Coalition Ivoirienne des Défenseurs des Droits Humains (CIDDH)
138. Friends of the Earth NI
139. Forest Peoples Programme
140. Environmental Investigation Agency
141. Fundación para el Desarrollo de Políticas Sustentables (FUNDEPS)
142. Bank Information Center
143. Africa development Interchange Network
144. Voluntariados Intag
145. Mangrove Action Project
146. IUCN NL
147. Community Self Reliance Centre (CSRC)
148. Amazon Watch
149. HRM @Bir Duino-Kyrgyzstan@
150. Task Force Detainees of the Philippines
151. Asociación ambiental e cultural Petón do Lobo
152. Asociación galega Cova Crea
153. Amigos e Amigas dos Bosques "O Ouriol do Anllóns"
154. Réseau Camerounais des Organisations des Droits de l'Homme (RECODH)
155. CNCD-11.11.11
156. Cairo Institute for Human Rights Studies
157. Rainforest Foundation Norway
158. Women Working Worldwide
159. Greenpeace
160. AMDH- Maroc
161. In Difesa Di , per i diritti umani e chi li difende
162. Center for Environmental Concerns-Philippines
163. Buliisa Initiative for Rural Development Organisation (BIRUDO) - Uganda

UN Human Rights Council – 40th regular session
Interactive dialogue with the Commission of Inquiry on Burundi

CIVICUS is extremely concerned that grave human rights violations in Burundi continue without any signs of abating.

The Commission of Inquiry reported in September 2018 that serious violations, including crimes against humanity, remained routine. During the May 2018 referendum, local authorities, the youth wing of the ruling party, the police and intelligence services summarily executed, abducted, detained and intimidated those who voted against the constitutional changes or those perceived to have done so.  In total more than 20 people were killed in incidences related to the referendum. 

The 32-year jail sentence handed to human rights defender Germain Rukuki under trumped up charges of “participating in an insurrectionist movement and breaching state security” despite repeated calls for his release from the international community is a vivid reflection of the state of human rights in Burundi. Other human rights defenders have been jailed under similar circumstances.  Three representatives of the CSO – PARCEM are serving ten-year sentences after being charged with “threatening national security,” and human rights defender Nestor Nibitanga is also in detention in an unrelated case.

Mr. President, media restrictions continue as most private radio stations remain closed since 2015.  The National Communication Agency suspended the broadcasting licenses of the BBC and VOA after accusing them of violating Burundi’s media laws.  The activities of more than130 INGOs providing vital health and social services in Burundi were affected after they were banned in Burundi for three months in September 2018.

We call for the immediate release of all human rights defenders and urge Burundi to fully cooperate with the COI and re-open the OHCHR office.

The massive crackdown on women #HumanRightsDefenders in #SaudiArabia must stop. Here is what can be done. pic.twitter.com/eIwk7xFYZR

— OMCT (@omctorg) March 7, 2019

Human Rights Council Stands with Saudi Women Human Rights Defenders

Since early 2018, tens of women human rights defenders have been detained in Saudi Arabia for their human rights work. Last week, a cross-regional group of 36 States, including all EU Member States, called for the release of detained women human rights defenders in Saudi Arabia. This statement sent a strong message to the Saudi authorities that the Council will hold it accountable for human rights violations. The joint statement at the Council comes at a critical time as the Saudi Public Prosecution announced last week that some of the defenders will be referred to trial. 

During the interactive dialogue held last week with the UN High Commissioner at the Human Rights Council, 36 States*, led by Iceland, called on Saudi Arabia to release women human rights defenders who are detained for exercising their fundamental freedoms. States also condemned the killing of journalist Jamal Khashoggi and demanded that those responsible be held accountable.

International Service for Human Rights, the Gulf Centre for Human Rights, Women’s March Global, CIVICUS and Americans for Democracy & Human Rights in Bahrain - have been advocating for the immediate and unconditional release of Saudi women human rights defenders. Ahead of the 40th session of the Council, over 50 NGOs called on UN Member States to adopt a resolution at the Council calling explicitly for the immediate and unconditional release of the detained Saudi women human rights defenders and establishing a monitoring mechanism over the human rights violations in the country.

Salma El Hosseiny, ISHR’s Human Rights Council Advocate welcomed the leadership of Iceland for this landmark statement and criticised other states who didn’t join; and said that “this was the first time ever States at the Council collectively condemned human rights violations committed inside Saudi Arabia, a country that has until now escaped Council scrutiny despite being a Council member with an appalling human rights record. The Saudi authorities, as Council members, now have an opportunity to engage constructively with the Council and immediately release the defenders. States should follow up on the joint statement by presenting a resolution at the June session if inadequate progress has been made.” said El Hosseiny. 

"We appreciate last week’s joint statement, a one of a kind initiative that followed tireless advocacy efforts by members of the Free Saudi Women Coalition. It's heartening to see this resolution calling for the release of ten prominent women human rights defenders, some of whom were subjected to severe torture and ill-treatment. Yet, we shouldn't forget that there are many more in prison who can't be named out of fear for potential reprisals to them and their families. Some family members have been targeted already. We will continue to work and advocate to ensure that all defenders are free from prison and retaliation and that their perpetrators are held accountable," said Weaam Youssef, WHRDs Programme Coordinator of the GCHR.

 “We welcome this joint statement from members states at the UNHRC,” said Masana Ndinga-Kanga MENA Advocacy Lead at CIVICUS. “We see this as the first step of a much more rigorous process of accountability for complete impunity towards human rights defenders. More needs to be done to protect civil society in Saudi Arabia.” Saudi Arabia is rated closed on the CIVICUS Monitor.

"This is a very big step for the 36 member states who have come forward to take - yet we are disappointed that more have not followed" said Uma Mishra-Newbery, Executive Director at Women's March Global. "This step shows that while progress is being made and the work of our coalition is making a difference, more work still needs to be done in holding Saudi Arabia accountable. We are concerned with every passing day at the safety of these activists and hope that member states will continue to keep pressure on Saudi Arabia."

"We welcome the joint statement on Saudi Arabia and calling attention to the country's systematic rights abuses. We remain concerned over the ongoing detentions of women rights defenders, journalists, and other peaceful critics of the government. We call on Saudi Arabia to release all prisoners of conscience to undertake serious and good faith steps to bring its domestic laws into line with international standards, in particular the country's overly broad counter-terror law." Tyler Pry, Advocacy Officer, ADHRB.

The joint statement called for the release of Loujain Al-Hathloul, Aziza Al-Yousef, Eman Al-Nafjan, Nouf Abdelaziz, Hatoon Al-Fassi, Samar Badawi, Nassima Al-Sadah, Mohammed Al-Bajadi, Amal Al-Harbi and Shadan Al-Anezi. Some of the women have been subject to electrocution, flogging, sexual harassment and other forms of torture.

Saudi Arabia has silenced women human rights defenders for decades and those named above are not the only ones in prison, they are just emblematic cases. The decision by the Saudi government to allow women to drive is only a cosmetic change that fails to address the root causes of discrimination against women: the male guardianship system. 

* The States who signed the joint statement are: Iceland, Canada, Australia, New Zealand, Austria, Belgium, Lithuania, Luxembourg, Netherlands, Portugal, Finland, Germany, Slovenia, Spain, Sweden, the United Kingdom, Ireland, Estonia, Czech Republic, Croatia, Denmark, Norway, Latvia, Montenegro, Malta, Slovakia, Liechtenstein, Italy, Bulgaria, France, Romania, Greece, Cyprus, Hungary, Poland, and Monaco.

Read the joint statement here.

40th Session of the Human Rights Council
Statement delivered during General Debate (Monday 11 March)

CIVICUS is deeply alarmed that protest movements find themselves on the frontlines of a global attack on democracy and human rights. Across the world, protest movements are being met by campaigns of violence and aggression from states that are increasingly brazen about defying global human rights commitments.

At a time when many hard-won gains are being directly threatened by state and non-state actors, we urge the states present here today to recall that it was people organising in protest and civil disobedience who rolled back slavery, overturned colonial and racist systems of governance, and fought for women’s rights.

Today, these struggles persist. Yet governments are increasingly responding to legitimate demands of protesters and their movements with absolute intolerance, including extra-judicial killings and torture. 

CIVICUS echoes the concerns raised by the High Commissioner regarding the brutal crackdown on protests in Zimbabwe, where scores of unarmed civilians have been killed and children as young as 12 arrested, as well as the systemic campaign of brutality deployed against peaceful protesters in Sudan. 

We ask all states present here today: what measures will you take to ensure that emerging protest movements from Serbia to Algeria to Malawi are nurtured rather than repressed?

Statement at the 40th Session of the UN Human Rights Council
Response to country reports from the High Commissioner and Secretary General

CIVICUS is extremely concerned about attacks against human rights defenders across Colombia, Honduras and Guatemala, of which governments of these counties show little sign of adequately addressing.

In Colombia, increased violence against human rights defenders took the lives of 110 people in 2018. 20 were members of indigenous or afro-Colombia communities. Delays in implementing the peace agreement has fueled further risk, especially in rural areas which have been most affected by conflict.  We are concerned by the alarming increase in the number of threats and attacks against journalists, and we call on the government of Colombia to accelerate implementation of the peace agreement which would expand civic space.

In Honduras human rights defenders are routinely attacked, criminalized, harassed and targeted by smear campaigns. We are also deeply concerned by the excessive use of force by law enforcement officials, particularly in contexts of protests. We call on the government of Honduras to adopt a comprehensive, rights-based and gender-responsive policy for the protection of human rights defenders and to reform laws which criminalise them, including the overly-broad law on terrorism.

In Guatemala, too, the environment for human rights defenders continues to be hostile. Local organisation UDEFEGUA reported that at least 24 human rights defenders were killed in 2018. And since the beginning of 2019, there have been two further murders. Human rights defenders, especially indigenous leaders and land defenders, are subject to judicial harassment and intimidation. CIVICUS is concerned that in the approach to the June 2019 general elections, violence against defenders may increase.

In all three cases, lack of investigations into crimes against human rights defenders has created a climate of impunity and increased risk. We call on all three governments to conduct investigations into attacks and ensure perpetrators are brought to justice, and to develop effective protection mechanisms and policies so that human rights can be defended without fear of reprisal.

The CIVICUS Monitor rates the state of civicspace in Colombia as Repressed, Honduras as Repressed, Guatemala as Obstructed

Statement at the 40th Session of the UN Human Rights Council
Response during the Interactive Dialogue on the Democratic Republic of Congo

CIVICUS welcomes the decree signed by newly-elected Congolese President Felix Tshisekedi to pardon about 700 political prisoners detained for participating in peaceful protests or expressing dissenting opinions. While we commend the President for fulfilling a pledge made in his inaugural address, we urge that this is swiftly followed by the actual release from prison of those detained.

Mr.  President, the people of DRC have experienced years of widespread human rights violations and repression, including serious restrictions on freedom of association, assembly and expression. The use of violence to disperse peaceful protesters was a hallmark of the former regime and continued after the December 2018 elections.  Those targeted have largely been representatives of civil society groups and supporters of the political opposition.  

The right to freedom of expression and access to information was severely restricted in the aftermath of the elections, when authorities shut down electronic and radio communications under the pretext of preventing the spread of false information.  The government should now lift all restrictions on media freedom, including the 2017 Decree on Freedom of the Press, as a crucial step towards creating an enabling environment for all to express their views without fear of violence and intimidation.

The human rights violations perpetrated in the DRC have been compounded by the impunity enjoyed by government officials and members of the security forces, including the army, presidential guard and intelligence services.  A major priority for the new administration should be to investigate all human rights violations, including killings, sexual violence, abductions, arbitrary detentions and extra-judicial executions, and to ensure that all perpetrators be held accountable for their actions.  

The new administration has a responsibility to ensure that the rule of law is strengthened, and freedom of expression, assembly and association upheld. If this is to happen, the new leadership must guarantee the independence of institutions that promote and protect human rights, and to ensure that they are able to carry out their activities without any interference from the state.

The CIVICUS Monitor rates the state of civic space in the Democratic Republic of Congo as Closed.

40th Session of the UN Human Rights Council
CIVICUS statement during dialogue with UN Deputy Secretary General Amina Mohammed

After the Deputy Secretary-General of the United Nations delivered a statement on the implementation of the Sustainable Development Goals, representatives from governments, UN agencies and civil society were able to respond and ask questions. CIVICUS was able to participate and issued the following statement:

The “future we want” outcome document, which led to the adoption for the Agenda 2030, is unequivocal that democracy, good governance and rule of law are essential for sustainable development.

This explicit acknowledgment of the need to nurture democratic freedoms and institutions is indicative of the growing recognition that civil society must play a prominent role in developing and implementing policies and practices to achieve the Sustainable Development Goals.  Notably, civil society often provides essential services, based on and in response to the needs of their communities and perform an important watchdog role over public resources.  However as crucial civic space is to the realisation of the SDGs, the CIVICUS Monitor finds that only 4% of the world’s population live in countries where these freedoms are adequately protected.

Although democracy, good governance and rule of law are most readily realised through civic space and civil society partnerships as enshrined in Agenda 2030 in Goal 16.7, 16.10 and 17.17 we are witnessing more development actors coming under attack. Some are being swept up in drag net tactics that include disproportionate enforcement of anti-terrorism laws while others are being deliberately targeted by States and non-state actors alike. This is a worrying trend that threatens the full realization of the SDGs.

Additionally, the pledge to 'Leave No One Behind' will not be met if we do not actively enable the agency of women and other traditionally excluded groups to organise and hold governments to account.

CIVICUS encourage States to set positive examples in relation to civic space and civil society participation, including through moves to adopt enabling NGO laws and by involving civil society representatives in decision making structures. But how can you as Deputy Secretary General, as spokesperson for the SDGs, help us to further,  accelerate the civic space agenda and the rights-based approach to development and the 2030 Agenda also into the NY discussions?

Renewal of the mandate of Special Rapporteur on promotion and protection of human rights while countering terrorism

Our organizations are deeply concerned about reported moves to allow Egypt a role in the Human Rights Council resolution to renew the mandate of the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism (SR on CT). We fear that such a move would undermine the integrity and credibility of this vital mandate.

Egypt has an appalling record when it comes to abusing counter-terrorism measures to suppress civil society and dissenting voices. The Special Rapporteur has announced that the theme of her report to the 40th session is the misuse of counterterrorism measures against civil society and human rights defenders, and the session will thus be an important opportunity to shine a spotlight on Egypt’s record in this regard.

In mid-January 2019, on the launch of its annual World Report, Human Rights Watch stated that:

“Using counterterrorism as a guise to crush all forms of dissent could be Egypt’s hallmark of 2018… There’s simply not much room left to peacefully challenge the government without being detained and unfairly prosecuted as a ‘terrorist.”

The Egyptian authorities' approach to counter-terrorism relies on systematic and widespread use of prolonged arbitrary detentions, enforced disappearances, and torture and ill-treatment including by rape, in addition to scores of possible cases of extrajudicial executions of detainees, and hundreds of unlawful killings of peaceful protesters. Many of these violations may amount to crimes against humanity. In North Sinai, the army has razed thousands of homes and farmlands leading to the forced evictions of tens of thousands of residents, many of whom were offered no compensation or temporary housing. The army may have also been involved in unlawful ground and airstrikes including by using cluster munitions. Further, the government has recently granted impunity to officers through special laws that make it even harder to question security officers involved in abuses.

We furthermore consider it wholly inappropriate for a State recently accused of severe reprisals following the visit of another Special Rapporteur in September/October 2018 to be rewarded with joining the core group on this vital mandate. The severity of these reprisals led in December 2018 to a joint statement from the Special Rapporteur on Human Rights Defenders and the Special Rapporteur on Right to Housing warning that Egypt is “not ready to host further visits”.

Despite its rhetoric, the Egyptian government’s approach is not primarily to give greater consideration to the human rights of victims of terrorism, which is a topic that had already been addressed in more detail in the previous Mexican thematic resolution and previous reports of the mandate. Rather, it aims to divert attention from the adverse human rights effects of its and other States’ counter-terrorism measures against individuals and the activities of civil society, including by effectively presenting the State itself as a victim.

Any Egyptian involvement in the mandate renewal would be qualitatively different and far more damaging than the role it was accorded in the March 2018 thematic resolution. The March 2018 agreement was said at the time to be entirely without prejudice to the mandate resolution, and this was indeed offered to civil society and others at that time as a reassurance in the face of similar concerns.

Any dilution of the focus of the mandate, in the short or long term would also significantly narrow the already highly restricted space for independent oversight of counter-terrorism measures from a human rights perspective within the overall UN system. The mandate holds a uniquely important role in the UN Counter-Terrorism architecture, participating as the only UN entity with the exclusive mandate to ensure the promotion and protection of human rights while countering terrorism.

Further, allowing Egypt to jointly lead the mandate renewal would only serve to encourage a continuation of its pattern of violations and abuses against civil society and others within Egypt, while shielding it from outside scrutiny.

We therefore urge you to communicate to the Permanent Missions of Mexico and Egypt your opposition to any such developments in relation to the leadership or content of the resolution to renew the Special Rapporteur’s mandate.

Sincerely,

Amnesty International
Article 19
Cairo Institute for Human Rights Studies
CIVICUS: World Alliance for Citizen Participation
FIDH
Human Rights Watch
International Commission of Jurists (ICJ)
International Service for Human Rights (ISHR)
Privacy International

The 40th session of the UN Human Rights Council will meet from 25 February to 22 March. While in session, CIVICUS will be presenting research and conducting advocacy activities related to UN Member States' records on protecting civil liberties. In particular, CIVICUS is organising a number of side events, issuing advocacy statements and supporting our members engage in official proceedings, where they can inform government and UN officials on the state of civicspace conditions in their countries. 

Panel discussions CIVICUS will be co-organising:

Friday, 1 March, 13:00-14:00 (Room XXVII) | The Role of Counter-Terrorism Laws in the Closing of Civic Space | Civic Space Initiative (Article 19, CIVICUS, ECNL, ICNL, World Movement for Democracy)

This event will examine the misuse of counter-terrorism laws by States to target government critics and human rights defenders. The panel will look at how states are abusing security legislation to curtail civic freedoms. See full invitation. Speakers include:

• Fionnuala Ni Aolain, United Nations Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism
• Alexander Verkhovskiy, Director, SOVA Center
• Melanie Strickland, community activist and member of the Stansted 15
• Befekadu Hailu, Blogger and Human Rights Activist, EHRP/Addis Maleda 
• Moderator: Nicholas Miller, Legal Advisor, ICNL

Tuesday,  5 March, 13.00-14:00 (Room XXVII) | Escazú and Beyond: Strengthening the Global Normative Framework on Protecting Environmental Defenders | Article 19, Centre for Environmental Rights, CIVICUS, Defend Defenders, Frontline Defenders, Global Witness, Ground Work, Human Rights Watch,  International Land Coalition
 
This side event will review State obligations for protecting the rights of environmental defenders and how the recently adopted Escazú Agreement can inform the work of the Human Rights Council. The panel will look at how the standards of the regional Escazú Agreement in Latin America and the Caribbean can support global efforts to end the widespread attacks against environmental and land rights activists. See full invitation (Espanol). Speakers include:

• Leiria Vay, Comité de Desarrollo Campesino, CODECA Guatemala
• Matome Kapa, Attorney, Centre for Environmental Rights, South Africa
• Marcos Orellana, Director Human Rights and Environment Division, HRW
• David Boyd, UN Special Rapporteur on Human Rights and the Environment
• Moderator: Natalia Gomez, Advocacy & Network Engagement Officer, CIVICUS

Other events that CIVICUS is cosponsoring at the 40th Session of the Human Rights Council, include:

• 5 March (10:00-11:00) | The case for international action on Bahrain | Room XV
• 6 March (11:00-12:00) | Women Human Rights Defenders: Local Realities & Shared Global Challenges | Room XXI
• 8 March (12:00-13:00) | East and Horn of Africa Human Rights Defenders Project - Human Rights in South Sudan | Room XXVII

CIVICUS will be live-streaming events through its Facebook page and posting updates on Twitter. 

To Permanent Representatives of Member and Observer States of the UN Human Rights Council

Dear Excellencies,

We, the undersigned Sudanese, African and international organisations and individuals, write to you ahead of the 40th session of the UN Human Rights Council (“the Council”), which will take place from 25 February-22 March 2019, to express our concerns and urge you to address the Sudanese government’s crackdown on peaceful demonstrators and ongoing violations of human rights. Since 13 December 2018, tens of thousands of people have protested throughout Sudan and the authorities have responded by indiscriminately firing live ammunition and tear gas into crowds of peaceful protesters killing more than 50 civilians.

CIVICUS makes six joint UN Universal Periodic Review submissions on civil society space: Cote d’Ivoire, Democratic Republic of Congo, Equatorial Guinea, Ethiopia, Nicaragua and Qatar

CIVICUS and its partners have made joint UN Universal Periodic Review (UPR) submissions on 6 countries in advance of the 33rd UPR session (April-May 2019). The submissions examine the state of civil society in each country, including the promotion and protection of the rights to freedom of association, assembly and expression and the environment for human rights defenders. We further provide an assessment of the States’ domestic implementation of civic space recommendations received during the 2nd UPR cycle over 4 years ago and provide a number of targeted follow-up recommendations.  

Cote d’Ivoire: CIVICUS and the Coalition Ivoirienne des Défenseurs des droits Humains (CIDDH) examine the steps taken by the government of Cote d’Ivoire to address restrictions on civic space.  We highlight the promulgation of the law on Human Rights Defenders and the subsequent Resolution passed to ensure implementation of the law. However, we note ongoing restrictions on freedom of expression, the targeting of journalists and bloggers by the authorities, attempts to undermine freedom of association and the tendency to use excessive force to disperse peaceful protests.  

Democratic Republic of Congo (FR): CIVICUS and Ligue des Droits de la personne dans la région des Grands Lacs (LDGL) analyse the multiple unwarranted restrictions on civic space in the Democratic Republic of Congo (DRC). Authorities have systematically banned protests, in particular protests organised by civil society, social movements and opposition, while security forces have used excessive force against peaceful protesters, leading to hundreds of deaths. Additionally, HRDs and activists are subject to arbitrary arrests and judicial harassment, aimed at preventing them from exercising their democratic and civic rights. These unwarranted restrictions have intensified since the start of the political and security crisis in 2015, precipitated by President Kabila’s attempts to remain in power despite a constitutional two-term limit. 

Equatorial Guinea: CIVICUS, the Committee Protect Journalists (CPJ), Centro de Estudios e Iniciativas para el Desarrollo (CEID), ONG – Cooperación y Desarrollo and EG Justice examine ongoing restrictions on freedom of association, attacks and intimidation of journalists and bloggers and the general disenabling environment for freedom of expression and independent media agencies.  We further discuss threats faced by human rights defenders and the frequent violent repression of peaceful assemblies.

Ethiopia: CIVICUS, the Association for Human Rights in Ethiopia (AHRE), the Committee to Protect Journalists (CPJ), DefendDefenders, PEN International, Article 19, the Consortium of Ethiopian Rights Organizations (CERO), and Access Now examine the Government of Ethiopia’s fulfilment of the rights to the freedoms of association, peaceful assembly and expression, and unwarranted restrictions on HRDs since its previous UPR examination in 2014. While the government recently committed to addressing a range of restrictive legislation, alongside releasing large numbers of political prisoners, at the time of writing, the restrictive legal framework remains in place. Acute implementation gaps were found regarding recommendations relating to civic space including the rights to the freedoms of association and peaceful assembly.

Nicaragua (ES): CIVICUS and the Nicaraguan Network for Democracy and Local Development Federation (Red Local) address concerns about the violent repression of protests and the criminalisation of protest leaders and demonstrators, particularly of the student and peasant movements, as well as the intensification of the persecution and intimidation suffered by CSOs supporting social movements in Nicaragua. Along with the growing restrictions on freedom of expression that stem from media concentration in government hands and pressures against journalists and independent media covering issues such as corruption, elections and infrastructure or extractive projects, the submission further examines the alarming increase of unwarranted restrictions on the press linked to the coverage of protests and their violent suppression and related human rights violations.

Qatar: CIVICUS and the Gulf Centre for Human Rights highlight the continued restrictions on freedom of association and expression in Qatar, which include unwarranted arrests on foreign journalists and confiscation of equipment, and restrictions on online content under the Cybercrime Prevention Law. The authorities in Qatar also continue to restrict the formation of independent civil society organisations committed to the advancement of human rights, and there have been severe and undue limitations to freedoms of assembly resulting in almost no protests in Qatar despite serious human rights violations.

This session, the Council adopted landmark resolutions on several country situations, further enhancing its contribution to the protection of human rights. 

On Myanmar, we welcome the creation of the independent investigative mechanism, which is an important step towards accountability for the horrific crimes committed in Myanmar, as elaborated in the Fact Finding Mission’s report to this session. The overwhelming support for the resolution, notwithstanding China’s shameful blocking of consensus, was a clear message to victims and survivors that the international community stands with them in their fight for justice. 

On Yemen, the Council demonstrated that principled action is possible, and has sent a strong message to victims of human rights violations in Yemen that accountability is a priority for the international community, by voting in favor of renewing the mandate of the Group of Eminent Experts to continue international investigations into violations committed by all parties to the conflict. 

Furthermore, we welcome the leadership by a group of States on the landmark resolution on Venezuela, and consider it as an important step for the Council applying objective criteria to address country situations that warrant its attention. The resolution, adopted with support from all regions, sends a strong message of support to the Venezuelan people. By opening up a space for dialogue at the Council, the resolution brings scrutiny to the tragic human rights and humanitarian crisis unfolding in the country.  

While we welcome the renewal of the mandate of the Commission of Inquiry (CoI) on Burundi, to continue its critical investigation and work towards accountability, we regret, however, that the Council failed to respond more strongly to Burundi's record of non-cooperation and attacks against the UN human rights system. 

We also welcome the Council’s adoption of the resolution on Syria, which among other things condemns all violations and abuses of international human rights law and all violations of international humanitarian law committed by all parties to the conflict.

However, on other country situations including China, Sudan, Cambodia and the Philippines, the Council failed to take appropriate action. 

On Sudan, we are deeply concerned about the weak resolution that envisions an end to the Independent Expert’s mandate once an OHCHR office is set up; a "deal" Sudan has already indicated it does not feel bound by, and which is an abdication of the Council’s responsibility to human rights victims in Sudan while grave violations are ongoing. At a minimum, States should ensure the planned country office monitors and publicly reports on the human rights situation across Sudan, and that the High Commissioner is mandated to report to the Council on the Office’s findings.  

We also regret the lack of concerted Council action on the Philippines, in spite of the need to establish independent international and national investigations into extrajudicial killings in the government's 'war on drugs', and to monitor and respond to the government's moves toward authoritarianism. 

In addition, we regret the Council’s weak response to the deepening human rights and the rule of law crisis in Cambodia, failing to change its approach even when faced with clear findings by the Special Rapporteur demonstrating that the exclusive focus on technical assistance and capacity building in the country, is failing.

We share the concerns that many raised during the session, including the High Commissioner, about China’s human rights record, specifically noting serious violations of the rights of Uyghurs and other predominantly Muslim minorities in Xinjiang province. It is regrettable that States did not make a concrete and collective call for action by China to cease the internment of estimates ranging up to 1 million individuals from these communities. 

On thematic resolutions, we welcome the adoption of the resolution on equal participation in political and public affairs but would have preferred a stronger endorsement and implementation of the guidelines.

The resolution on safety of journalists, adopted by consensus, sets out a clear roadmap of practical actions to end impunity for attacks. Journalism is not a crime - yet too many States in this room simply imprison those that criticize them. This must end, starting with the implementation of this resolution. 

We welcome the adoption by consensus of the resolution on preventable maternal mortality and morbidity and human rights in humanitarian settings. Women and girls affected by conflict have been denied accountability for too long. The implementation of this resolution will ensure that their rights, including their sexual and reproductive health and rights, are respected, protected and fulfilled. 

Finally, the Council’s first interactive dialogue on acts of reprisals and intimidation was an important step to ensure accountability for this shameful practice, and we urge more States to have the courage and conviction to stand up for human rights defenders and call out countries that attack and intimidate them.

Signatories:
The African Centre for Democracy and Human Rights Studies (ACDHRS)
Amnesty International 
Article 19
Center for Reproductive Rights
CIVICUS
DefendDefenders
FIDH
Forum Asia 
Human Rights House Foundation (HRHF)
Human Rights Watch 
International Commission of Jurists
International Service for Human Rights (ISHR)

39th Session of the UN Human Rights Council
Joint statement during Interactive Dialogue on High Commissioner's Report on Yemen

Urgent need to address the humanitarian crisis in Yemen and its impact on the most vulnerable populations: A call for renewal and strengthening of the mandate for the Group of Eminent Experts

This statement is made on behalf of Save the Children and 15 civil society organisations, including organisations with current operations in Yemen.

Fighting around Hodeidah city has increased since early September and throughout the country, the welfare of at least 8.4 million people on the brink of starvation, including at least 4.2 million children, is at stake. This year alone we expect some 400,000 children under five to suffer from severe acute malnutrition.

Humanitarian access remains extremely challenging with more than 1.4 million people in need of assistance living in districts with high access constraints [1]. Parties to the conflict continue to deny or delay basic humanitarian services, access to essential supplies into and within the country.

We have repeated on many occasions that the humanitarian situation has escalated to an unacceptable level of widespread violations and abuses of international human rights law and international humanitarian law. Since June, at least 425 attacks on and military use of schools and hospitals have been documented and verified [2]. 450 civilians have lost their lives in the first nine days of August alone [3].

We call on Member States to take immediate action to hold all parties to the conflict to account for violations of international law. In particular, we urge Member States to:

• Call on all parties to the conflict to comply with their obligations under international law, and take immediate measures to prevent and end violations against civilians, notably children, including by supporting all authorities in Yemen to implement the Safe Schools Declaration and associated Guidelines for Protecting Schools and University from Military Use during Armed Conflict;
• Urgently renew and strengthen the mandate of the Group of Eminent Experts on Yemen;
• Suspend the sale or transfer of arms, munitions and related materials to all parties to the conflict; and
• Engage all parties to the conflict to find an inclusive peaceful, sustainable and implementable political solution that involves women, youth, children, minority groups and civil society.

Adventist Development and Relief Agency
Action contre La Faim
Danish Refugee Council
Defence for Children International
CARE International
CIVICUS: World Alliance for Citizen Participation
INTERSOS
The International Rescue Committee
Islamic Relief
Médecins du Monde
Mercy Corps
Oxfam International
Relief International
War Child UK
ZOA

[1] https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/20180806_humanitarian_update_final.pdf
[2] https://www.unicef.org/yemen/YEM_sitreps_Jun2018.pdf
[3] http://www.unhcr.org/news/briefing/2018/8/5b8503637/unhcr-calls-protection-civilians-fleeing-yemens-al-hudaydah.html

The Association for Human Rights in Central Asia, International Partnership for Human Rights and CIVICUS welcome the government of Uzbekistan’s engagement with the UPR process, including its decision to accept over 200 recommendations on a range of human rights issue. 

While we note the release from detention of 28 activists, political opponents and journalists in the last two yars, as well as the authorities’ steps to allow for greater  independent dissent, we regret that freedoms of expression, peaceful assembly and association remain willfully suppressed by the State limited. Of the 28 people released in the last two years, many remain under surveillance. According to human rights monitors, at least five people remain behind bars for exercising their right to freedom of expression. We are concerned that since 25 August 2018 at least twelve bloggers have also been detained in connection with posts they made on social media. 

We regret that national legal mechanisms remain partial and subject to political interference. Courts continue to place arbitrary restrictions on protests, including  rulings that unwarrantedly limit people’s support for demonstrations off and online under the guise of    incitement to public disorder. During detention, torture is frequently used and procedural rights for detainees are often disregarded. Those who submit written complaints to the President or speak to the press are sometimes added to the “black list” of people deemed “undesirable” and are denied freedom of movement.

We regret that tight state controls on CSO  registration, funding and activities, coupled with ongoing restrictions on freedom of expression, prevent independent media outlets and human rights CSOs s from operating unencumbered .  

Although some activists have been allowed to travel abroad in recent months, restrictions on international travel remain in place for other human rights defenders. 

Mr President, we call on Uzbekistan to implement recommendations it accepted on promoting the right to freedom of association and participation in public affairs to lift prohibitive registration requirements of CSOs, to ensure CSOs and journalists can fully exercise their freedom of expression and peaceful assembly and to create a safe environment for human rights defenders, including for women human rights defenders.
 

CIVICUS, DefendDefenders, and FIDH welcome the government of Djibouti's engagement with the UPR process. We also welcome the government’s commitment during its 3rd cycle review to ensure that no restrictions will be imposed on visits by Special Rapporteurs and to guarantee fundamental freedoms.

However, in our joint UPR Submission, we documented that since its last review, Djibouti has not implemented any of the recommendations it received relating to civic space. 

We regret that anti-terrorism measures continue to be used as a smokescreen for severe restrictions on civic space. Indeed, a November 2015 decree effectively banned all public meetings and gatherings and heavily restricted the political opposition’s activities ahead of the 2016 presidential elections. 

During its 3rd cycle review, the government claimed that ‘to date, no human rights defender has been detained or even prosecuted.’ Yet in our joint submission, we documented numerous arrests and detentions of human rights defenders, journalists and political opposition members Authorities rarely followed due process and at times subjected prisoners to ill-treatment and torture.

On 15 April 2018, just two days after returning home from Djibouti’s UPR Pre-session in Geneva, security agents briefly detained HRD Mr. Kadar Abdi Ibrahim, confiscated his passport and raided his home. Since then, he has been unable to leave the country.

Finally, we deplore the lack of transparent and credible investigations into security forces’ killing of at least 27 people and injuring of 150 others at a religious festival in Balbala on 21 December 2015. The government has accepted recommendations to ensure the respect for and protection of the right to freedom of peaceful assembly, and we urge the government to rapidly and thoroughly investigate and bring to justice any violators.

Mr. President, CIVICUS, DefendDefenders and FIDH call on the Government of Djibouti 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.

Coalition Burkinabé des Défenseurs des Droits Humains, the West Africa Human Rights Defenders Network and CIVICUS welcome the government of Burkina Faso's engagement with the UPR process. We also welcome passing of a new law on the protection of human rights defenders in June 2017, making Burkina Faso only the second African country to do so.

However, in our joint UPR Submission, we documented that since its last review, Burkina Faso only partially implemented the one civic space recommendation received during its 2nd Cycle review. Despite several positive developments since the popular uprising of 2014, such as the decriminalisation of defamation and the adoption of a law on the protection of human right defenders, restrictions on the freedom of expression including suspensions of media outlets by the national media regulator and attacks and threats against journalists continue.

A new law on freedom of association, passed in 2015, allows authorities to delay the granting of legal personality in order to conduct a “morality” test on the applicant if deemed necessary. Civil society in Burkina Faso are further concerned about article 56 of the law which establishes a mediation commission, the members of which are not guaranteed to be independent of government.

Despite the new HRD law, in recent years journalists and civil society activists, in particular those critical of the government, have continued to experience threats, intimidation and physical attacks. Freedom of expression has been undermined in recent years, including through the forced closure of some media outlets. 

Serious violations of the right to freedom of peaceful assembly, including the killing of at least 14 unarmed protestors, took place during a coup d’etat in September 2015.

Mr President, we call on the Government of Burkina Faso 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.

CIVICUS welcomes the government of Turkmenistan's engagement with the Universal Periodic Review (UPR) process. We welcome the release of journalist Saparmamed Nepeskuliev but note with concern that his health deteriorated while serving a three-year prison term on spurious drug-charges that the UN Working Group on Arbitrary Detention found to be arbitrary. 

In our UPR Submission, we documented that since its last review, Turkmenistan has not implemented any of the 27 recommendations made relating to civic space, including the 24 recommendations that were accepted. 

Furthermore, there are 112 individuals forcibly disappeared, who have been targeted for political opposition or their work in civil society.  We echo the recommendation made in the 3rd Cycle Review that Turkmenistan welcome a visit by the Working Group on Arbitrary Detention and the Working Group on Enforced Disappearances.

We are further concerned by state interference in the media. In April 2018, the President dismissed Kaybov Myratdurdy, the editor of Edebiýat we Sungat newspaper and replaced him with his own candidate. The state has also forcibly dismantled private satellite dishes which allow citizens to access foreign TV and radio stations. 

Mr. President, we are deeply concerned by ongoing violations of freedom of assembly. The government of Turkmenistan regularly and coercively mobilises residents for public events and frequently implements subbotnik (or forced labour) days. Mr. President, this practice runs contrary to the right to freedom of assembly, a basic element of which is voluntary participation in assemblies. 

Due to numerous obstacles in the 2014 Law on Public Associations, no independent human rights organisations exist in Turkmenistan. We urge the government to implement the recommendations made during the 3rd Cycle Review to simplify the legal and procedural requirements for the registration of civil society.

Mr. President, CIVICUS calls on the Government of Turkmenistan 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.

Human Rights Council 39th session 
Joint statement: ISHR & CIVICUS

Interactive Dialogue with Assistant Secretary-General on the Secretary-General's report on cooperation with the United Nations, it's representatives and Mechanisms in the field of human rights

Human rights defenders must be able to access and communicate with the UN freely and safely so it can do its crucial work of monitor countries’ compliance with human rights obligations and protect victims from abuse.

Cases of reprisal are direct barriers to this, and to effective and meaningful civil society participation with the UN. Yet the SG’s reprisals report points to ‘alarming trends’ of reprisals, including killing, torture, arbitrary arrests and detention, travel bans, surveillance, criminalisation, freezing of assets, and stigmatization. 

This years’ report including an increased number of cases – 45. Including follow up, 38 countries are implicated. This is to say that, In this year alone, 20% of States who by joining the UN—“reaffirmed their faith in fundamental human rights, and dignity and worth of the human person”—attacked or intimidated persons or organisations knocking on the UN’ doors seeking change and a better world.

The report again documents cases by Council members and candidates, including Bahrain, Burundi, Cameroon, China, Cuba, Democratic Republic of the Congo, Egypt, Hungary, India, Iraq, Japan, Kyrgyzstan, Mexico, Pakistan, Philippines, Rwanda, Saudi Arabia, United Arab Emirates, Venezuela. We urge GA members to consider this before voting in Council elections.

Missing from this year’s report are Chinese defenders WANG Qiaoling and LI Wenzu, the wives of two detained lawyers who have been intimidated and harassed; CAO Shunli, who was detained in September 2013 prior to boarding a flight for Geneva, where she was going to participate in China-related U.N. training sessions, and who died in detention after authorities denied her adequate medical care; and Dolkun Isa, a Uyghur activist, who was denied entry into the meeting of the UN Permanent Forum on Indigenous Issues in New York in April 2018.

We welcome the Report’s recommendation that the UN do more to ensure the experiences of LGBTI persons facing reprisals for their advocacy are documented, disaggregated, and properly analyzed, seeking to minimize additional risk.

In practice, the Council’s discussion of cases in the Report and follow-up to those cases has not been systematic. What we see now is defenders dissuaded from engaging because the cost is too high. What we need is for States to turn away from repression and attacks, because the cost to them is too high. 

We welcome the statement made today by Germany on Egyptian defender Ebrahim Metwally and we urge more States to stand up for the critical voices of human rights defenders and seize the opportunity to take up cases in the report during future interactive dialogues.

The SG concludes in his report that the UN is seeing evidence of self-censorship with regard to engagement, including people too afraid to speak to the UN, both in the field and at headquarters in New York and Geneva. What more can be done by the UN and others to effectively and proactively address this situation to minimize risk to those engaging and ensure that the UN can effectively fulfill its mandate?
 

39th Session of the Human Rights Council
Oral Statement  

Members of the CIVICUS Alliance in Zimbabwe have expressed grave concern for the authorities’ heavy-handed response to protests in Harare one day after presidential elections were held. Military personnel deployed in response to the protests shot live bullets at protesters, killing at least 6 and injuring many others. We call on the government of Zimbabwe to conduct a prompt, credible and impartial investigation in the excessive and lethal use of force during the course of these demonstrations.

In Bahrain, SALAM for Democracy & Human Rights, a member of the CIVICUS Alliance, has documented cases of arbitrary arrests, detentions, torture and ill-treatment of human rights defenders. All major opposition parties have now been dissolved and stripped of their assets. We are equally concerned that security personnel continue to wilfully arrest, physically assault and even kill demonstrators for exercising their legitimate right to public dissent. We urge the Council going to hold the government of Bahrain fully accountable for any violations of its international obligations.

Finally, Mr. President, in Bangladesh, over the past year, authorities have used a rage of repressive laws to target and harass journalists and human rights defenders, restrict freedom of assembly and carry out enforced disappearances of opposition supporters ahead of national elections scheduled for late 2018. We call on the government of Bangladesh to drop all unwarranted charges and end the persecution of individuals and groups for exercising their fundamental rights.

39th Session of the Human Rights Council
General Debate

Civic Space Initiative, including Article 19, CIVICUS, European Center for Not-for-profit Law, International Center for Not-for-profit Law and World Movement for Democracy, welcomes the draft guidelines on effective implementation of the right to participate in public affairs prepared by the Office of the High Commissioner for Human Rights. 

We emphasise the critical importance of equal and meaningful participation in the realisation of human rights and fundamental freedoms, as already laid out in Article 25 of the International Covenant on Civil and Political Rights. Equally, we recognise the centrality of participation in building democratic societies, social inclusion, gender equality and in advancing economic development and achieving the Sustainable Development Goals.

We welcome the transparent, open, and inclusive manner in which the OHCHR developed the draft guidelines, including consultations our organizations participated in all parts of the world.

We underscore all practical recommendations at national and international level which will help UN member States to create an environment necessary for the public to have their say. We highlight in particular the right of access to information and States’ obligations to encourage and support civil society to do its work and refrain from any harassment and reprisal of rights-holders.

Therefore, we strongly encourage the Council to endorse the guidelines on effective implementation of the right to participate in public affairs, and call on all UN Member States, local authorities, relevant United Nations bodies, specialized agencies, funds and programmes to promote the use and implementation of the guidelines within their work and public outreach.    

We look forward to working with OHCHR, as well as States at the international and national level to enhance the right to public participation.

39th Session of the Human Rights Council  
Opening Statement to the UN High Commissioner for Human Rights 

High Commissioner Bachelet, CIVICUS warmly welcomes you to the Council and congratulates your appointment as 7th UN High Commissioner. You take up this position at a time when human rights and the institutions to uphold them are under attack, and we look to you to be the voice of the thousands of human rights defenders working on the front lines, risking their lives on a daily basis. 

We also welcome your call for new strategies and stronger tools for prevention, early intervention and also accountability so that the power of justice can deter and prevent even the worst violations and crimes. 

The CIVICUS Monitor, a platform that tracks and rates civic space globally, has developed a Watch List of countries where on which individual activists and civil society organisations are experiencing a severe infringement of their civic freedoms as protected by international law, and urgent action is needed to reverse the trend. The Monitor  recently placed Bangladesh, Cameroon, the DRC, Guatemala, Maldives and Nicaragua on its Watch List. 

These violations include brutal attacks by police on peaceful protests in Nicaragua and Bangladesh; the killing of 18 human rights defenders since January 2018 in Guatemala; flagrant disregard for the rule of law in Maldives ahead of elections scheduled this month; killing of protesters, targeted campaigns of harassment and arbitrary detention of activists and political opposition in the DRC; and the prosecution of human rights defenders and journalists on trumped-up charges in Cameroon amidst an escalating civil conflict and humanitarian crisis. 

We call on you, High Commissioner and on all delegations to address these attacks and restrictions as a bellwether for further violations to come, and act now to reverse these worrying trends.

Joint NGO letter to the new UN High Commissioner for Human Rights Michelle Bachelet – 5 September 2018

As local, national, regional, and international civil society organizations from every corner of the world, we offer warm congratulations on your appointment as United Nations (UN) High Commissioner for Human Rights. 

We are committed to a world in which every person enjoys human rights and dignity and in which our communities are fair, just and sustainable. We consider that a strong High Commissioner, working in strategic partnership with independent civil society, can contribute significantly to the realization of this vision. 

You take up office at a time when human rights are under attack and when we risk the reversal of many of the achievements of the modern human rights movement. We look to you in these troubled times to be an unwavering voice in the defence of human rights, and of victims, rights-holders and human rights defenders around the world. 

On every continent, the rights of individuals, communities and peoples are being violated and abused by governments and non-state actors, often with complete impunity. Civil society, peaceful dissidents, and the media are often brutally silenced. The role of your Office in ensuring robust monitoring of, and reporting on, such situations is essential for curbing violations and deterring further abuse, as well as for ensuring justice and accountability. Technical-assistance and capacity building by the OHCHR is also critical and, to be effective, should be approached holistically alongside a rigorous assessment of the rights challenges in the country, including through key indicators to measure progress and assess the degree of engagement and cooperation by the State.

As High Commissioner, you have a unique role to play in bringing country situations of concern to the attention of the UN Human Rights Council and other UN bodies, particularly situations that may not be on their agenda or which receive limited attention, often because of political pressure. This role should extend to providing briefings to the Security Council on situations either on its agenda or that, if left unattended, could represent a threat to international peace and security. Monitoring missions and inter-sessional briefings to the HRC can be initiated at the High Commissioner’s prerogative, on the basis of your Office’s universal mandate, bringing attention to neglected country situations and contributing towards the achievement of the Council’s mandate to prevent human rights violations. 

We are aware that the position of High Commissioner comes with its own challenges. Many States will insist you avoid “naming and shaming” and push you to engage in “quiet diplomacy” and to respect national sovereignty. Often, those most intolerant of criticism and most forceful in suppressing dissent will speak the loudest in seeking to mute your voice. Survivors, victims and defenders on the front line in countries where their rights are being violated will rely on you as a human rights champion, to have the courage and conviction to call out violators clearly and publicly, even when it’s challenging or unpopular with governments. 

Globally, the rights essential to civic space are being systematically undermined. Civil society and human rights defenders face severe daily risks in their struggle to defend human rights on the ground, including imprisonment, asset-freezes, defamatory campaigns, torture, enforced disappearance, and even death. Risks are also present in the UN context, where individuals frequently face intimidation, harassment or reprisals for their engagement with the UN. We urge you to be a staunch defender of the rights of defenders both on the ground and at the UN, to publicly call out violators, and to undertake or push for investigations into attacks and reprisals. We also encourage you to take full advantage of the distinct, often innovative complementary role of civil society to the work of the OHCHR, and ensure the Office works closely with civil society as a strategic partner at the national, regional, and international levels. 

Currently, the human rights framework itself is under unparalleled attack. Authoritarian populists are attacking the universality of human rights, disproportionately and unlawfully restricting rights in the purported interests of “national security,” often tacitly or openly encouraging attacks by their followers or vigilantes on rights defenders as well as the vulnerable and poor, while selectively interpreting human rights and seeking to co-opt or subvert human rights mechanisms to suit their political agendas. Safeguarding and strengthening universal human rights norms and mechanisms should be a core responsibility of the High Commissioner. 

The current climate highlights the need for a strong public advocacy role for your mandate in the defence of international human rights law and the international human rights system, as well as a strong role internally within the UN to mainstream respect for human rights throughout the work of UN organs and agencies, and within the Sustainable Development Agenda.

Once again, we congratulate you on your new role, and stand ready to support you and your Office in the fulfilment of your vital mandate. 

Letter sent to UN Member State Missions
Re: Creating a dedicated country-wide human rights monitoring and reporting mechanism on the Democratic Republic of Congo at the UN Human Rights Council

Your excellency,

We, the undersigned Congolese, regional, and international organizations, write to urge your delegation to support the creation of a country-wide human rights monitoring and reporting mechanism on the Democratic Republic of Congo at the upcoming 39th session of the United Nations Human Rights Council.

The ongoing human rights violations committed by Congolese security forces and armed groups throughout the country – coupled with a pattern of impunity and the potential for renewed outbreak of large-scale violence in the coming months, amidst a crackdown on human rights in the context of the uncertain electoral process – necessitate increased and dedicated human rights monitoring and public reporting to help prevent further abuses and achieve the goals of accountability.

Congo is facing a human rights crisis, as the authorities clamp down on the rights to freedom of expression and peaceful assembly of critics who insist that President Joseph Kabila has stayed in power beyond his constitutionally mandated two-term limit by delaying elections and suppressing dissent. The elections are now scheduled to be held on 23 December 2018. Civil society and the political opposition in Congo have expressed serious concerns about the credibility, fairness, and inclusivity of the electoral process, and risks of further delays. There is a real risk of more crackdowns and potential political violence as the election deadline nears, with possible consequences throughout the volatile region.

From August 1 to 7, Congolese security forces fired teargas and live ammunition to disperse political opposition supporters, killing at least two people – including a child – and injuring at least seven others with gunshot wounds, during the candidate registration period for presidential elections. Authorities also restricted the movement of opposition leaders, arrested dozens of opposition supporters, and prevented one presidential aspirant, Moïse Katumbi, from entering the country to file his candidacy.

Since 2015, Congolese security forces have killed nearly 300 people during largely peaceful protests. Congolese authorities have banned meetings and demonstrations by the opposition and civil society groups. Hundreds of opposition supporters and democracy activists have been jailed. Many have been held in secret detention facilities without charge or access to family members or lawyers. Others have been tried and convicted on trumped-up charges. The government has also shut down Congolese media outlets, expelled international journalists and researchers, and periodically curtailed access to the internet and text messaging.

The human rights crisis has been linked to political tensions and violence in Congo, which could worsen as the election approaches. Armed groups and security forces have attacked civilians in many parts of the country, including the Kasaïs, the Kivus, Ituri, and Tanganyika. Today, some 4.5 million Congolese are displaced from their homes. More than 100,000 Congolese have fled abroad since January 2018, raising the risk of increased regional instability.

At the Human Rights Council in June, the team of international experts on the Kasai region presented their final report, expressing shock at the magnitude of the violence and the dire human rights situation that has persisted since 2016. An estimated 5,000 people, and possibly many more, have been in killed, and more than 1.4 million people displaced from their homes. No one has been held to

account for the murders in March 2017 of UN investigators Michael Sharp and Zaida Catalán and the disappearance of the four Congolese who accompanied them, and only a few low-level suspected perpetrators have been prosecuted for the violence against Congolese in the region. In July 2018, the Council requested the High Commissioner for Human Rights to dispatch a team of two international human rights experts to monitor and report on the implementation by Congolese authorities of the Kasai investigation’s recommendations.

Since early this year, violence intensified in various parts of northeastern Congo’s Ituri province, with terrifying incidents of massacres, rapes, and decapitation. Armed groups launched deadly attacks on villages, killing scores of civilians, torching hundreds of homes, and displacing an estimated 350,000 people.

Armed groups and security forces in the Kivu provinces also continue to attack civilians. According to the Kivu Security Tracker, assailants, including state security forces, killed more than 580 civilians and abducted at least 940 others in North and South Kivu since January 2018.

In the southeastern province of Tanganyika, more than 200 people were killed, 250,000 others displaced, and numerous villages and displacement camps burned since intercommunal violence broke out in mid-2016. Nobody has been held to account to date, and the situation remains volatile.

Considering the scale and complexity of the human rights challenges in Congo, and the many regions in the country requiring scrutiny, a dedicated mechanism is needed with the mandate to cover the country as a whole which can conduct the needed monitoring and reporting to the Human Rights Council and make recommendations to the government of Congo and the international community with a view to preventing further human rights violations and abuses and achieving accountability. The Council should create such a mechanism in September to complement the work of the UN joint human rights office in Congo and ensure adequate scrutiny and reporting of human rights violations and abuses in the electoral context.

We urge your delegation to support the creation of such a mandate.

With assurances of our highest consideration,

11.11.11
Action pour la Restauration de la Paix et la Justice (ARPJ)
Agir Ensemble pour les Droits de l’Homme (AEDH)
Agir pour des Élections Transparentes et Apaisées (AETA)
Amnesty International
Asian Forum for Human Rights and Development (FORUM-ASIA)
Association Africaine de Défense des Droits de l’Homme (ASADHO)
Association Congolaise pour l’Accès à la Justice (ACAJ)
Association des Femmes Juristes Congolaises (AFEJUCO)
Carrefour pour la Justice, le Développement et les Droits Humains (CJHD-RDC)
CCFD – Terre Solidaire
Centre d’Observation des Droits de l’Homme et d’Assistance Sociale (CODHAS)
Centre d’Études et de Formation Populaire pour les Droits de l’Homme (CEFOP/DH)
Cercle National de Réflexion sur la Jeunesse en RDC (CNRJ-RDC)
CIVICUS: World Alliance for Citizen Participation
Commission Justice et Paix Belgique
Ecumenical Network Central Africa (OENZ)
European Network for Central Africa (EurAc)
Fastenopfer/Action de Carême
Femmes et Enfants en Détresses/Uvira et Fizi (SOS FED)
Forum réfugiés Cosi
Franciscans International
Global Centre for the Responsibility to Protect
Groupe d’Associations de Défense des Droits de l’Homme et de la Paix (GADHOP)
Groupe Lotus
Human Rights Watch
International Commission of Jurists
International Federation for Human Rights Leagues (FIDH)
International Refugee Rights Initiative (IRRI)
Justicia Asbl
La Voix des Sans Voix pour les Droits de l’Homme (VSV)
Ligue des Électeurs (LE)
Never Again Coalition
Nouvelles Dynamiques pour le Développement Rural Intégral (NODRI)
Œil des Victimes des Violations des Droits de l’Homme (OVVDH)
Pax Christi International
PMU
Protection International
Réseau des Femmes pour les Droits des Enfants et des Femmes (REFEDEF)
Réseau des Victimes de l’Insécurité au Congo (REVI Asbl)
Réseau pour la Réforme du Secteur de Sécurité et Justice (RRSSJ)
SAPI
Secours Catholique – Caritas France
The African Centre for Democracy and Human Rights Studies (ACDHRS)
The Enough Project
Tournons la Page
World Organisation Against Torture (OMCT)

Frances

To Permanent Representatives of Member and Observer States of the United Nations Human Rights Council, Geneva, Switzerland
Burundi: Call to renew the mandate of the Commission of Inquiry

Excellencies,

Ahead of the 39th session of the UN Human Rights Council (“HRC” or “the Council”), we, the undersigned national, regional and international civil society organisations, write to urge your delegation to support a resolution renewing the mandate of the UN Commission of Inquiry (CoI) on Burundi. [1] Such a resolution should also ensure continuity for the work of the CoI through continued adequate resourcing of its secretariat, including its crucial investigative and evidence-gathering work.

The renewal of the CoI’s mandate is critically important to improve the human rights situation in Bu-rundi, and it offers the Council a number of practical and effective advantages. Among other things, it would allow the Council to:

• Avoid a monitoring gap, which is all the more important given the Burundian Government’s ongoing refusal to cooperate with the Office of the UN High Commissioner for Human Rights (OHCHR) and to sign a new Memorandum of Understanding regarding its presence in the coun-try; [2] 
• Ensure the continued documentation of human rights violations and abuses ahead of the upcoming elections of 2020, through testimonies of victims, witnesses, human rights defenders, and other actors operating in and outside of the country;
• Ensure ongoing public reporting and debates — while the African Union’s observers continue to monitor the human rights situation in Burundi despite a number of limitations imposed by the authorities, their findings are not publicly reported. Interactive dialogues at the Council provide the only regular space for public reporting and debates on human rights developments in the country; and
• Enable the CoI to continue to highlight under-addressed aspects of the crisis — for instance, the Commission has stressed the importance of dedicating more attention to violations of economic, social and cultural rights.

At the Council's 36th session (September 2017), the CoI informed the HRC that there were “reasonable grounds to believe that serious human rights violations and abuses have been committed in Burundi since 2015,” and that some of the violations may constitute “crimes against humanity.” At the 37th and 38th sessions of the Council (March and June-July 2018), the CoI described a political, security, econ-omic, social and human rights situation that has not improved since September 2016. In March 2018, the Commission’s Chairperson, Mr. Doudou Diène, stressed that the situation in the country continued to deserve the Council’s “utmost attention.” In October 2017, the International Criminal Court (ICC) authorised an investigation into crimes committed in Burundi since April 2015. A preliminary exam-ination of the situation had been opened in April 2016.

The constitutional referendum that was held on 17 May 2018 was marred with violence and repression, with arbitrary arrests, beatings and intimidation of citizens campaigning for a “no” vote. [3] The BBC and VOA, two of the country’s main international radio stations, have been suspended for 6 months at the start of the official campaign, illustrating the climate of fear in which journalists and medias were pre-vented from a proper coverage of the event. [4]  In the Commission’s words, as of June 2018 “human rights violations, among which extrajudicial executions, enforced disappearances, acts of torture and other cruel, inhuman or degrading treatment […], facilitated by a continuing environment of threats and intimidation,” continue unabated. The CoI added: “The fact that several missing people have not been found and that unidentified bodies continue to be discovered in various parts of the country gives reason to fear the continuation of practices consisting of getting rid of the bodies of people arrested sometimes by individuals in police uniform or identified as agents of the National Intelligence Service (SNR) or the Imbonerakure.” [5] 

Since it became a member of the Council, on 1st January 2016, Burundi has delivered multiple state-ments that have made clear its refusal to cooperate with human rights monitoring and investigation bodies and mechanisms. The Government has repeatedly launched attacks, which have sometimes des-cended to a personal level, against the High Commissioner, UN officials, and independent experts. With no basis or evidence, it has publicly questioned the independence, competence, professionalism, inte-grity and legitimacy of High Commissioner Zeid and his Office, and has threatened, stigmatised, and exercised reprisals against human rights defenders and civil society organisations. [6] Burundians who have sought protection outside of Burundi have been subjected to harassment and persecution, including by members of the National Intelligence Service (SNR) and Imbonerakure.

Members of the CoI continue to be denied access to Burundi. Furthermore, at the time of writing, the Burundian authorities have withdrawn visas from the team of experts mandated by HRC resolution 36/2, despite the fact that the latter was adopted at Burundi’s own initiative, with its support and the support of members of Burundi’s own regional group. Burundi’s action in this regard clearly violates its Council membership obligations.

Recalling the letter a group of civil society organisations wrote in September 2017,7 we urge the Council, consistent with its mandate to address situations of violations of human rights, including gross and systematic violations, to pave the way for accountability by renewing the mandate of the CoI to enable it to continue monitoring human rights developments in the country, documen-ting violations and abuses, and publicly reporting on the situation.

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

Sincerely,

Action des Chrétiens pour l’Abolition de la Torture – Burundi (ACAT-Burundi) African Centre for Justice and Peace Studies (ACJPS)
Amnesty International
Association Burundaise pour la Protection des Droits Humains et des Personnes Détenues (APRODH)
Association for Human Rights in Ethiopia (AHRE)
Centre for Civil and Political Rights (CCPR)
CIVICUS: World Alliance for Citizen Participation
Coalition Burundaise pour la Cour Pénale Internationale (CB-CPI)
Collectif des Avocats pour la Défense des Victimes de Crimes de Droit International Commis au Burundi (CAVIB)
Community Empowerment for Progress Organisation South Sudan (CEPO)
DefendDefenders (the East and Horn of Africa Human Rights Defenders Project)
East and Horn of Africa Human Rights Defenders Network (EHAHRD-N)
Eritrean Law Society (ELS)
Eritrean Movement for Democracy and Human Rights (EMDHR)
Forum pour la Conscience et le Développement (FOCODE)
Forum pour le Renforcement de la Société Civile au Burundi (FORSC)
Global Centre for the Responsibility to Protect (GCR2P)
Human Rights Concern – Eritrea
Human Rights Watch
International Federation for Human Rights (FIDH)
International Federation of Action by Christians for the Abolition of Torture (FIACAT)
International Movement Against All Forms of Discrimination and Racism (IMADR)
International Service for Human Rights (ISHR)
Ligue Iteka
Mouvement Citoyen pour l’Avenir du Burundi (MCA)
Mouvement des Femmes et des Filles pour la Paix et la Sécurité (MFFPS)
National Coalition of Human Rights Defenders – Burundi (CBDDH)
Observatoire de la Lutte contre la Corruption et les Malversations Économiques (OLUCOME)
Organisation pour la Transparence et la Gouvernance (OTRAG)
Pan-African Human Rights Defenders Network
Reporters Without Borders (RSF)
Réseau des Citoyens Probes (RCP)
SOS-Torture/Burundi
TRIAL International
Union Burundaise des Journalistes (UBJ)
World Organisation Against Torture (OMCT)

1. See its webpage: www.ohchr.org/EN/HRBodies/HRC/CoIBurundi/Pages/CoIBurundi.aspx
2. See the UN Deputy High Commissioner for Human Rights’ statement at the Council’s 37th session (OHCHR, “Introduction to country reports/briefings/updates of the Secretary-General and the High Commissioner under item 2,” 21-22 March 2018, www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22875&LangID=E, accessed 20 July 2018).
3. FIDH and Ligue Iteka, “A forced march to a Constitutional Referendum,” May 2018, www.fidh.org/IMG/pdf/report_burundi_may2018_referendum_on_constitution.pdf (accessed 27 July 2018). 
4. Reporters Without Borders, “Harassment of Burundi’s media intensifies for referendum,” 16 May 2018, www.rsf.org/en/news/harassment-burundis-media-intensifies-referendum# (accessed 7 August 2018). 
5. OHCHR, “Oral briefing by the members of the Commission of Inquiry on Burundi to the Human Rights Council,” 27 June 2018, www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23274&LangID=E (accessed 20 July 2018). 
6. See DefendDefenders, “Headlong Rush: Burundi’s behaviour as a member of the UN Human Rights Council,” 25 July 2018, www.defenddefenders.org/publication/headlong-rush-burundis-behaviour-as-a-member-of-the-un-human-rights-council/ (accessed 25 July 2018). 
7. “Renewing the Mandate of the Commission of Inquiry on Burundi and Ensuring Accountability for Serious Crimes,” 19 September 2017, www.defenddefenders.org/press_release/hrc36-renewing-the-mandate-of-the-commission-of-inquiry-on-burundi-and-ensuring-accountability-for-serious-crimes/ (accessed 30 July 2018).
 

Submissions on civil society space– Afghanistan, Chile, Eritrea, Macedonia, Vietnam & Yemen

The #UN is conducting human rights reviews for #Afghanistan, #Chile, #Eritrea, #Macedonia, #Vietnam & #Yemen. A comparative look at the state of #civicspace in these countries. See recommendations: https://t.co/aBpYi1tNlR pic.twitter.com/C8dl7djPw5

— CIVICUS (@CIVICUSalliance) August 1, 2018

CIVICUS and its partners have submitted joint UN Universal Periodic Review (UPR) submissions on six countries in advance of the 32nd UPR session in January 2019. The submissions examine the state of civil society in each country, including the promotion and protection of the rights to freedom of association, assembly and expression and the environment for human rights defenders. We further provide an assessment of the States’ domestic implementation of civic space recommendations received during the 2nd UPR cycle over 4 years ago and provide a number of targeted follow-up recommendations.  

Afghanistan: CIVICUS, Afghanistan Human Rights Organization (AHRO), Civil Society and Human Rights Network and People’s Action for Change Organization explore the continued insecurity in Afghanistan, which has resulted in the closure of space for civil society, including through targeted attacks on humanitarian workers, protesters and journalists. We further discuss violence against women and the desperate situation faced by women HRDs in Afghanistan who are subjected to a heightened level of persecution because of their gender and their human rights activism.

Chile: CIVICUS and Pro Acceso Foundation (Fundación Pro Acceso) highlight serious concerns regarding the persistent misuse of the Anti-Terrorism Law to silence members of the Mapuche indigenous community advocating for land rights. We are also concerned by the lack of government commitment to amend legislation regulating the right to peaceful assembly and by the violent suppression of social protests, especially those led by the student movement and indigenous communities. 

Eritrea: CIVICUS, EMDHR and Eritrea Focus highlight the complete closure of the space for civil society in Eritrea to assemble, associate and express themselves. We note that there are no independent civil society organisations and private media in the country. We further discuss how the government selectively engages with international human rights mechanisms including UN Special Procedures. 

Macedonia: CIVICUS, the Balkan Civil Society Development Network and the Macedonian Centre for International Cooperation outline serious concerns over the institutional harassment of NGOs in receipt of foreign funding since 2016. Despite a recent improvement in respect for civic freedoms, the submission discusses several restrictions on investigative journalists and media outlets. We also remain alarmed over smear campaigns against human rights defenders and critics of the government orchestrated by nationalist groups. 

Vietnam: CIVICUS, Civil Society Forum, Human Rights Foundation (HRF), VOICE and VOICE Vietnam examine systematic attempts in Vietnam to silence HRDs and bloggers, including through vague national security laws, physical attacks, restrictions on their freedom of movement and torture and ill-treatment in detention. The submission also explores strict controls on the media in law and in practice, online censorship and the brutal suppression of peaceful protests by the authorities.

Yemen: CIVICUS, Gulf Centre for Human Rights and Front Line Defenders discuss the ongoing extreme violence against and HRDs and journalists including regular abductions, kidnappings and detention in undisclosed location. We further examine restrictions on freedom of association including raids on CSOs causing many to reduce their activities drastically and even closed entirely. 

See full library of previous UPR country submissions from CIVICUS and partners. For the latest news on civic space in all UN Member States, see country pages on the CIVICUS Monitor

38th Session of the Human Rights Council
End of Session Joint Civil Society Statement

Our organisations welcome the adoption of the resolutions on civil society space, peaceful protest, on violence against women and girls and on discrimination against women and girls and the Council’s rejection of attempts to impede progress on protecting civil society space, peaceful protest and the rights to sexual and reproductive health.

On civil society space, the resolution recognizes the essential contribution that civil society makes to international and regional organisations and provides guidance to States and organisations on improving their engagement with civil society.  On peaceful protest, it sets out in greater detail how international law and standards protect rights related to protests. 

On violence against women and on discrimination against women, we consider that ensuring sexual and reproductive health and rights are vital in efforts to combat violence and discrimination against women, online and offline, as well as to ensure targeted and specific remedies to victims. We appreciate that the work of women human rights defenders towards this is recognised. 

We consider the adoption of the resolution on the contribution of the Council to the prevention of human rights violations as an important opportunity to advance substantive consideration on strengthening the Council’s ability to deliver on its prevention mandate.

Following challenging negotiations, we welcome the adoption by consensus of the resolution on human rights and the Internet, reaffirming that the same rights that people have offline must also be protected online, and calling on States to tackle digital divides between and within countries, emphasising the importance of tools for anonymity and encryption for the enjoyment of human rights online, in particular for journalists, and condemning once more all measures that prevent or disrupt access to information online.

We welcome continued Council attention to Eritrea's abysmal human rights record. This year's resolution, while streamlined, extends expert monitoring of, and reporting on, the country and outlines a way forward for both engagement and human rights reform. We urge Eritrea to engage in long-overdue meaningful cooperation. 

We welcome the renewal of the mandate of the Special Rapporteur on Belarus under item 4 with an increased vote - as it is still the only independent international mechanism to effectively monitor human rights violations in Belarus - while remaining concerned over a narrative to shift the mandate to item 10 in the absence of any systemic change in Belarus. 

We welcome the consensus resolution on the Democratic Republic of Congo, putting in place continued monitoring and follow up on the expert’s recommendations on the Kasais. However, given violations and abuses throughout several regions in the country, occurring against the backdrop of an ongoing political crisis, delayed elections, and the brutal quashing of dissent, we urge the Council to promptly move towards putting in place a country-wide mechanism that can respond to events on the ground as they emerge.

We welcome the strong resolution on Syria, which condemns violations and abuses by all parties, and appropriately addresses concerns raised by the COI about the use of chemical weapons, sexual and gender-based violence, and the need to address situations of detainees and disappearances. The Council cannot stay silent in the face of continued atrocities as the conflict continues unabated into its seventh year.

We welcome the joint statements delivered this session on Cambodia, the Philippines, and Venezuela. We urge Council members and observes to work towards increased collective action to urgently address the dire human rights situations in these countries.  

On the Philippines, we emphasise that the Council should establish an independent international investigation into extrajudicial killings in the ‘war on drugs’ and mandate the OHCHR to report on the human rights situation and on moves toward authoritarianism.  

The joint statement on Cambodia represents a glimmer of hope after the Council's failure to take meaningful action against clear sabotage of democratic space ahead of elections. Close scrutiny of the human rights situation before, during and after the elections is paramount and the Council must take immediate action on current and future human rights violations in this regard.

We welcome the joint statement delivered by Luxembourg  calling on the HRC President to provide short oral updates on cases of alleged intimidation or reprisal, including actions taken, at the start of the Item 5 general debate of each Council session and also provide States concerned with the opportunity to respond.

Finally, the new Council member to replace the United States should demonstrate a principled commitment to human rights, to multilateralism and to addressing country situations of concern by applying objective criteria. 

Joint Statement by Asian Forum for Human Rights and Development (FORUM-ASIA), the Association for Progressive Communications, the Center for Reproductive Rights (CRR), CIVICUS: World Alliance for Citizen Participation, DefendDefenders (the East and Horn of Africa Human Rights Defenders Project), Human Rights House Foundation (HRHF), International Commission of Jurists (ICJ), the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), the International Service for Human Rights (ISHR) 

38th Session Human Rights Council
Joint Statement*

We want to highlight key features for the next High Commissioner – one of the world’s premier human rights defender – whose mandate includes providing technical assistance and capacity building to States, as well as standing up for universal human rights and those who defend them. 

The work of the next High Commissioner, and of human rights defenders more broadly, is essential to justice, fairness and dignity for all. Defenders contribute to sustainable and inclusive development. They combat corruption and the misuse of power. They promote good government, transparency and accountability. They seek to ensure that no-one gets left behind. 

Despite this, around the world, defenders face mounting attacks and criminalisation for standing up to power, privilege, prejudice and profit. Their work has never been more important, nor more imperiled. 

Mr President, it is in this context we say that the next UN High Commissioner needs to be a dedicated human rights defender. S/he need to be committed to working with and for human rights defenders; consulting and partnering with them, supporting their causes, and speaking out and protecting them when they are threatened or attacked.

The next High Commissioner needs to build strategic alliances with States, civil society, academics and business enterprises with a shared interest in human rights and the rule of law. S/he need to be fiercely independent, but also collaborative and capable of building influential partnerships and coalitions. 

With the promotion, protection and realisation of human rights being linked to the attainment of peace, security and sustainable development, the next High Commissioner needs to be strongly supported by the UN Secretary-General and key UN agencies. Mr President, while the High Commissioner may be the UN’s premier human rights defender, it is time for the entire organisation to put human rights defenders up front.

*International Service for Human Rights, Cairo Institute for Human Rights Studies, Human Rights House Foundation, The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), CIVICUS, Peace Brigades International Switzerland, International Federation for Human Rights Leagues, Conectas Direitos Humanos, Asian Forum for Human Rights and Development (FORUM-ASIA), West African Human Rights Networks

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

Mr. President, DefendDefenders and CIVICUS take note of the government’s engagement with the UPR process and welcome its decision to ratify the Optional Protocol to the Convention against Torture and Other Cruel Inhumane or Degrading Treatment or punishment.  However, we regret the fact that the provisions of the Optional Protocol have not been implemented.  In fact torture and the inhumane treatment of citizens have become commonplace in Burundi since its last review.  

Burundi has not fully implemented any of the recommendations it accepted relating to civic space. Instead the authorities have selectively used restrictive legislation like the Law on Assemblies and Public Demonstrations (2013) to pre-empt and prevent peaceful demonstrations by citizens.  

Since April 2015, the Burundian authorities have used violence against peaceful protesters and are responsible for the numerous killings, abductions, acts of torture, disappearances and arbitrary arrests of real or perceived opponents of the regime.  These acts have largely been carried out by security forces, intelligence services and the youth wing of the ruling party – the Imbonerakure.  Some of these crimes amount to crimes against humanity and they have been carried out with utmost impunity.  

Legal restrictions adopted by the national assembly that increase government control of the activities and funding of national and international NGOs and the ban imposed on some civil society organisations have stifled freedom of association. The violence against representatives of civil society has forced many human rights organisations to close down and most of them now operate from abroad. 

Mr. President, DefendDefenders and CIVICUS call on the Government of Burundi 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.

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

The Human Rights House Belgrade (Lawyer’s Committee for Human Rights, Belgrade Center for Human Rights, Civic Initiatives, Helsinki Committee for Human Rights and Policy Center), the Human Rights House Foundation and CIVICUS welcome the Government of Serbia's engagement with the UPR process. We also welcome the agreement signed between the Prosecutor’s office, the State Secretary of the Ministry of Internal Affairs and journalists’ and media associations in December 2016 on cooperation and measures to improve the security of journalists. 

However, in our joint UPR Submission, we also documented that since its last review, the Republic of Serbia has only fully implemented one recommendation of a total of 18 recommendations relating to civic space. 

We are particularly alarmed by the intimidation, attacks and harassment of human rights defenders and journalists who report on sensitive issues, such as transitional justice, corruption or government accountability. According to a national media watchdog group, there were at least 231 assaults (physical attacks, attacks on property, threats, pressure and verbal attacks) on journalists since 2013, with at least 42 recorded physical attacks. 

We are furthermore concerned about the vilification of and smear campaigns against human right defenders, CSOs, and independent media outlets, which has undermined their work. 

Mr President, the Human Rights House, the Human Rights House Foundation and CIVICUS call on the Government of Serbia 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.

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

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

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

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

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

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

38th Session of UN Human Rights Council
Adoption of the UPR report of the United Arab Emirates 

The Gulf Centre for Human Rights, the International Service for Human Rights and CIVICUS welcome the chance to engage in the process of the UAE’s UPR. However, we are deeply dismayed that having gone through the UPR process for the third time, the conditions under which civil society operate are worsening, despite it being clearly an issue of concern in the last review.

Since its last review, the UAE has not implemented any of the 17 recommendations relating to civic space. We regret that no recommendations pertaining to the full protection of the rights to freedom of expression, association and assembly were accepted by the government.

Mr. President, the UAE continues to use Federal Law 6 of 1974 Concerning Public Utility Associations to interfere in the operations of civil society organisations. The law goes as far as allowing the Ministry of Labour and Social Affairs to send representatives to monitor meetings of CSOs.

The UAE continues to use anti-terror laws to punish human rights defenders. The “’UAE94” - a group of political activists, human rights defenders, lawyers, academics, teachers and students – are still serving heavy sentences handed down in 2013, on spurious charges of attempting to overthrow the government.

Journalists and researchers are still arrested, deported and jailed for carrying out their work. Ahmed Mansoor, who was jailed in 2017 for making posts on social media, was sentenced to 10 years in prison last month. Academic Nasser Bin Ghaith is also serving a 10-year prison sentence after he was arrested in 2015 for making posts on social media and continues to be denied access to medical treatment. Both men are believed to be held in solitary confinement.

We call on the Government of the UAE to cease persecuting human rights defenders, reverse these draconian laws and create an enabling environment for civil society.

In our Universal Periodic Review submission, we documented that since its last review, France only partially implemented one of the two recommendations it received relating to civic space. We regret that the recommendations pertaining to the ban on full face veils in public places were not accepted by the government, despite being criticised as a violation of the rights to freedom of expression and religious freedom.

Mr. President, we are deeply concerned by the recent introduction of a new national security and counter terrorism law which effectively makes permanent extraordinary powers given to French security forces since the November 2015 state of emergency was implemented. Through this now-permanent legal regime, French police have expanded powers of arrest, detention and surveillance without adequate judicial oversight or due regard for the proportionality of measures taken to restrict fundamental freedoms.

CIVICUS also notes with concern the police’s use of disproportionate force against protestors including during labour protests in 2016; anti-racism demonstrations in 2013; and, most seriously, in October 2014 when ecologist Rémi Fraisse was killed after police threw a flash grenade into a crowd of demonstrators opposing the construction of a dam in Sivens. Mr. President, just two months ago, French police again used disproportionate force, firing thousands of tear gas canisters as part of an operation to forcibly remove a peaceful anti-capitalist community in Notre-Dame-des-Landes.

Finally, in its submission, CIVICUS set out a range of concerns that risk eroding the right to freedom of expression in France, including the use of legal proceedings to compel media to release their sources. In France, losing a libel case against a public official can result in a fine of up to four times the fine for losing a case against a private citizen; this has been criticised for creating a “chilling effect” on the media’s scrutiny of government.

Mr. President, CIVICUS calls on the Government of France 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 in all circumstances.

38th Session of UN Human Rights Council
Dialogue with UN Special Rapporteur on Eritrea

On behalf of CIVICUS, Reporters without Borders, the Eritrean Movement for Democracy and Human Rights, the Eritrean Law society, Eritrea Focus, Network of Eritrean Women, Amnesty International, and the Horn of Africa Civil Society Forum, I would first like to express our deepfelt gratitude and appreciation to the Special Rapporteur for her unwavering support to Eritrean victims of human rights violations.

Today, her work is all the more important. The latest reports emerging from the country indicate that the human rights situation is not improving. Following the imprisonment and death in detention of respected Muslim elder Haji Musa in March 2018, Eritrean authorities have conducted mass arrests and disappearances of youth.

We are also concerned by the Special Rapporteur’s reports that individuals who dare to exercise their right to freedom of expression have been targeted with arrest and detention, while peaceful demonstrations in October 2017 following the arrest of Haji Musa were met with scores of arrests and night house raids without search or arrest warrants.

Since the publication of the UN Commission of Inquiry’s (COI) report, government officials have continued to torture, imprison, and arbitrarily detain people without notifying them of the reason for their arrest.

Mr President, since the publication of the CoI report, not a single individual has been held accountable for the human rights violations, including crimes against humanity, committed in Eritrea. Civil society remains forced to work outside the country and independent press is still not permitted to operate inside the country. Eritrea remains the largest jailer of journalists in sub-Saharan Africa.

The Eritrean government has repeatedly ignored the Special Rapporteur’s requests for access to conduct investigations.

Mr President, we urge the UN Human Rights Council to renew the Special Rapporteur’s mandate and maintain attention on some of the most egregious human rights violations in sub-Saharan Africa. The Human Rights Council has a responsibility to follow up on the CoI’s serious findings and ensure that accountability for crimes against humanity committed in Eritrea remains a priority.

38th Session of the Human Rights Council  
General Debate – civic space in Egypt, Tanzania and Vietnam

CIVICUS is concerned about the situation in Egypt where authorities have arrested, interrogated and detained several activists, bloggers and journalists over the last few weeks, indicating a significant escalation in the crackdown on the rights to freedom of expression, association and assembly in the country. While we welcome the release during Aid last Friday of many prisoners, we call for the immediate and unconditional release of all those currently being held for the legitimate exercise of their human rights, and for authorities to investigate and prosecute those responsible for human rights violations and abuses.

CIVICUS is also deeply concerned about the deterioration of the situation in Tanzania. Although it has long been a model for democratic pluralism, the last three years have been marked by a worrying decline in respect for the rights fundamental to civic space. These include unwarranted closure of media outlets, judicial persecution and harassment of independent journalists, the targeted assassination of opposition party members, blanket restrictions on peaceful protests and the introduction and invocation of a raft of laws to undermine freedom of speech online. Mr. President, we call on the Council to urge the authorities to create an enabling environment for civil society and the media to operate in accordance with its international obligations.  

Finally, since 9th June  mass nationwide demonstrations have arisen in several major cities across Vietnam. The protests we have emerged in response to two controversial bills on Special Economic Zones (SEZ), currently before the National Assembly, and on Cyber Security, which was approved this month. Security officials responded to the rare protests with violence and arbitrary arrests, and activists have reported ill-treatment and physical abuse in detention. We call on authorities to allow the peaceful expression of dissent and to release all protestors and investigate and prosecute security personnel responsible for the excessive use of force. 

38th Session of the Human Rights Council  
Update of the UN High Commissioner for Human Rights 

CIVICUS welcomes the High Commissioner’s final update and thanks him for his continued support for human rights defenders and for speaking the truth to power in this August room for the last four years. You have been the voice of the silenced and helped to ensure that the grievances of victims of human rights violations are echoed in this chamber.  For that we thank you.

CIVICUS shares the High Commissioner’s concerns about civic space restrictions in Bangladesh, in particular threats and attacks against journalists from government-affiliated groups, security forces and religious extremists and the failure to bring perpetrators to justice.

The government has used the Information and Communications Technology Act to punish critics and a proposed Digital Security Bill could be used to criminalize online expression and promote self-censorship. The right to freedom of peaceful assembly continues to be restricted including of activists protesting the recent extrajudicial killings.

We are equally worried about the recent violent attacks on civil society and HRDs in Nicaragua. On 30 April, 323 national, regional and international organisations and networks, in a joint statement condemned the violent repression of the demonstrations held in Nicaragua against the social security reforms and demanded respect for the right to peaceful protest.

Since then the repression and use of excessive and indiscriminate force have continued and resulted in a at least 170 deaths. The government should immediately put an end to all violent acts, engage in a genuine dialogue with civil society and accept requests to conduct an impartial investigation into the killings.

We urge all states underscored in the High Commissioner’s report to take immediate measures to address persistent and widespread violations of the rights essential to civic space, including by allowing access to relevant UN Special Procedure mandate holders.

38th Session of the Human Rights Council  
Interactive Dialogue with Special Rapporteur on freedom of peaceful assembly and of association and the  Independent Expert on sexual orientation and gender identity

CIVICUS welcomes this occasion to dialogue with the Special Rapporteur on freedom of peaceful assembly and of association and the Independent Expert on sexual orientation and gender identity. 

We note with great appreciation the Special Rapporteur’s prioritisation of consultation and engagement with a range of civil society actors during the first months of his mandate. 

Mr President, the report presented by the Special Rapporteur today exemplifies the endemic threat civil society across the world is facing. In both severity and frequency, the 1156 communications sent to governments by the mandate since 2011 expose the systematic campaigns to silence dissent as well as the resoluteness of civil society to continue protecting and promoting human rights.

CIVICUS’ research comports with the Special Rapporteur’s analysis that state and non- state actors are using a range of unwarranted and pernicious tactics with the explicit intent to stifle fundamental rights.

We remain deeply concerned that many governments in this chamber routinely pay lip service to the need to protect all human rights and at the same time actively persecute defenders and civil society leaders who work tirelessly to defend these very same rights. This hypocrisy and deceit has rarely, if ever, been so acute.

On this, the first day of the 38th Council Session, we call on all states to heed the Special Rapporteur’s recommendation to treat civil society an ally, rather than an adversary.

We further urge all States to pledge their support to the Special Rapporteur including by providing all necessary informational and financial resources to discharge the mandate and to work closely with civil society.

See latest updates from CIVICUS' work at the UN Human Rights Council here. Follow the latest events on Twitter #HRC38

The 38th session of the UN Human Rights Council, from 18 June to 6 July 2018, will consider core civic space issues of freedom of association, assembly and expression. During this session, CIVICUS will be supporting advocacy missions on the grave human rights situations in Tanaznia, Ethiopia and Eritrea and Nicaragua, while also participating in reviews of citizen rights in Burundi, Cambodia, Democratic Republic of Congo, and the European Union. Additional areas to note:

• The first week of the session will coincide with World Refugee Day (20 June)
• Be the first session of the newly appointed Special Rapporteur on Freedom of Association and Assembly, Clement Voule
• Process to renew and strengthen the Civic Space Resolution

If you are in Geneva, please join us at the following events that CIVICUS is organising with partners:

• 19 June, 12:00-13:00 | Room XXIII | Ethiopia at a crossroads: What can we do to support civic space reform?
• 22 June, 12:00-13:00 | Room XXVI | Addressing backsliding on civic space in the European Union
• 25 June, 9:00-10:00 | Room XXVI | The Eritrean human rights cause at a critical juncture: Reflections on progress, pitfalls and prospects
• 26 June, 14:00-15:00 | Room XXIV | Preventing the entrenchment of civic space restrictions in Tanzania

These events will be livestreamed on our CIVICUS Facebook Page and daily updates provided on Twitter.

Special session of the UN Human Rights Council on the deteriorating human rights situation in the Occupied Palestinian Territory, including East Jerusalem
Oral Statement

CIVICUS, the Palestinian NGO Network and the Arab NGO Network for Development condemn the atrocities committed by the Israeli Occupation Forces against peaceful Palestinian protesters in Gaza. On 14 May alone more than 61 Palestinians including 8 children were killed and nearly 3000 wounded as Israeli forces used live ammunition on protesters who were demonstrating against the relocation of the US embassy to Jerusalem.

Since 30 March 2018, when Palestinians embarked on a campaign of peaceful protests against forced evictions and demanding their right to return, more than 110 Palestinians have been systematically killed including at least 11 children, 2 journalists and several people with disabilities. In addition, over 12000 Palestinians have been wounded.

The use of unnecessary, indiscriminate and disproportionate force against protesters is a grave violation of international law. Israel’s occupation forces have used snipers, plastic coated steel bullets, explosive bullets and gas grenades fired from drones in a calculated attempt to kill, maim and inflict serious bodily harm on Palestinians.

Mr. President, the lack of concrete action from the international community and the defence of these atrocious acts by some states emboldens Israel’s occupation forces to maintain a shoot to kill policy, preserve its prolonged occupation and disregard for the rule of law.

We urge Council members to call on the Israeli government to respect all United Nations resolutions and its obligations under international law, giving an immediate end to occupation and recognizing Palestinians right to self-determination. We call on the Council to urgently establish a Commission of Inquiry to facilitate independent international investigations and ensure accountability for perpetrators of violations of international law in occupied Palestine.

For updates on the state of civic space, please see the Palestine and Israel and country pages on the CIVICUS Monitor.