CIVICUS' Advocacy Priorities at the 54th session of the Human Rights Council

Geneva 07 September 2023

As a global civil society alliance with a mandate to strengthen citizen action and civil society throughout the world, CIVICUS’s key priorities and recommendations ahead of the 54^th Session of the UN Human Rights Council (11 September - 13 October) relate to protecting fundamental freedoms and supporting civil society where they face grave risk. In addition, the 54^thSession will provide an opportunity to address country situations of serious concern, including those that are not on the Council agenda.

HRC54

In the year of the 75th anniversary of the Universal Declaration of Human Rights (UDHR), the 30th anniversary of the Vienna Declaration and Programme of Action and the 25th anniversary of the Declaration on Human Rights Defenders, the Human Rights Council should adopt an ambitious Resolution on Cooperation with the United Nations, its representatives and mechanisms in the field of human rights (Reprisals). CIVICUS urges States to step up their efforts to address the serious reality of reprisals and the situation facing individuals and civil society who engage or seek to engage with the UN, at the international level, and establish a methodology to collect data on reprisals.^[1]

Arbitrary detention of human rights defenders and activists remains a global issue. The Council should adopt a substantive Resolution addressing concrete steps and suggesting an action plan to prevent and put an end to arbitrary arrest and detention and urging the release of persons whose detention has been found to be arbitrary by the UN Working Group on Arbitrary Detention. The Resolution should also address situations of arbitrary detention that result from previous cooperation with the United Nations or other international mechanisms in the area of human rights.

CIVICUS also advocates for the mainstreaming of civil society language and inclusion of a civil society lens in other thematic Resolutions, including the Resolution on the role of prevention in the protection of human rights and the Resolution on terrorism and human rights.

We would also like to highlight the UN’s own Guidance Note on the Protection and Promotion of Civic Space. We urge be put together by the Office of the High Commissioner for Human Rights to evaluate the status of implementation of the guidance across all UN agencies and offices as a prelude to putting in place a plan of action for future implementation.

Moreover, it is our position that the Council should reaffirm its commitment to the protection and promotion of human rights by renewing the mandates of the Special Rapporteur (SR) on Cambodia, as well as the renewal of mandates on Burundi, Afghanistan, and Russia. It is furthermore our position that the above-mentioned governments should be called to cooperate with Special Procedures.

Similarly, CIVICUS welcomes the possible renewal of the mandate of the Commission of Experts on Ethiopia, also in light of the early termination of the African Commission-mandated Commission of Inquiry on the Situation in the Tigray Region, and of the Independent Expert on Somalia. CIVICUS also strongly supports the renewal of the mandate of the Working Group on Enforced disappearances and of the Special Rapporteur on Truth, Justice and Reparation.

On other country situations, CIVICUS also continues to advocate for the establishment of an investigative and accountability mechanism on Sudan, in line with pronouncements made by several African organisations and bodies.

The Human Rights Council should also address the peculiar human rights situation of countries not on its agenda that require urgent action and prevent further violations. In the Philippines, human rights defenders and activists continue to be arbitrarily arrested and detained. It is time for the Council to consider establishing an independent investigative mechanism to address serious human rights violations and abuses to further accountability. In India, ahead of the G20 Summit the assault on civic freedoms has continued, including against civil society groups engaged in the People 20 process. Human rights defenders continue to face arbitrary raids and arrests in the country. Moreover, In Bangladesh, ahead of the January 2024 elections attacks against the political opposition members have escalated. Similarly, in Senegal, ahead of contested presidential elections, set to take place in February 2024, civic space violations have soared. In Tajikistan civic space restrictions have heightened following the mass protests mass protests that took place in the Gorno-Badakhshan Autonomous Region. In the United Arab Emirates, concerns arise around the closure of civic space and crackdowns on freedom of association and peaceful assembly, which can also hamper civil society participation in the United Nations Framework Convention on Climate Change (COP28).

The full participation of civil society remains a critical element of the Human Rights Council and CIVICUS continues to encourage States to ensure consultation with national, regional and international civil society to enable them to fully participate in Council debates and negotiations.

THEMATIC PRIORITIES

Cooperation with the United Nations, its representatives and mechanisms in the field of human rights (Reprisals)

In a context of closing space for civil society organizations in many parts of the world, addressing the serious reality of reprisals and the situation facing individuals and civil society who engage or seek to engage with the UN is key. Moreover, there is an urgent need to support the process of establishing a methodology to monitor intimidation, which may in the longer term to the development of benchmarks to monitor actual patterns of reprisals.

We call on States to adopt a resolution that:

Acknowledges that civil society participation in UN mechanisms is crucial. In this regard, the resolution should condemn the practice of reprisals and address the role of UN Member States and of the UN in protecting civil society actors.
Condemns all acts of intimidation and reprisals by both State and non-State actors against individuals, groups and organs of society, including against human rights defenders who seek to cooperate, are cooperating or have cooperated with subregional, regional and international bodies.
Calls upon all States to give effect to the right to unhindered access to and communication with international bodies.
Acknowledges the positive role of cooperation with the United Nations, its representatives and mechanisms in the area of human rights by human rights defenders, activists, and other stakeholders and stresses the States’ primary responsibility to protect and promote an open and enabling civic space, where activists and human rights defenders are able to work without hindrance and without risk and fear of reprisals.
Addresses the Human Rights Council’s preventative mandate and highlights that reprisals should be considered severe signs of civic space deterioration, on which the Council should take action in order to avert further deterioration of civic space conditions.
Calls upon all UN entities to appoint Focal Points on reprisals.
Asks OHCHR to develop a report elaborating, through a wide consultative process, a methodology for monitoring patterns of intimidation against human rights defenders and activists who cooperate with the United Nations, its representatives and mechanisms in the field of human rights. The development of this methodology, and hopefully in the long run of indicators and benchmarks, could be a useful tool for CSOs and activists, as well as UN agencies as Member States to identify the various forms that intimidation can take, related risks, and early warnings, which are reflective of a possible deterioration in civic space conditions as a whole.

Arbitrary detention

Arbitrary detention remains a global issue, as highlighted by the CIVICUS’s Stand as my Witness Campaign. A concrete action plan to prevent and put an end to arbitrary arrest and detention on the international level is long overdue. The unlawful arrest and detention of HRDs and civil society activists as a result of cooperation with the United Nations or other international mechanisms in the area of human rights is a widely overlooked area the Council is called to take action on.

We call on States to adopt a resolution that:

Addresses substantive steps to prevent and put an end to arbitrary arrest and detention, including of human rights defenders, and in this regard strongly urges the release of persons detained or imprisoned, especially those whose detention has been found to be arbitrary by the UN Working Group on Arbitrary Detention, in violation of the obligations and commitments of States under international human rights law, for exercising their human rights and fundamental freedoms, such as the rights to freedom of expression, peaceful assembly and association, including in relation to cooperation with the United Nations or other international mechanisms in the area of human rights.
Urges States to take all steps necessary to prevent threats, attacks, arbitrary arrests and detention or other forms of harassment against civil society actors, including human rights defenders, to investigate any such alleged acts, to ensure access to justice and accountability, and to end impunity where such violations and abuses have occurred, including by putting in place, and where necessary, reviewing and amending relevant laws, policies, institutions and mechanisms to create and maintain a safe and enabling environment.
Urges States to ensure such measures are gender-responsive and take into account the needs of different groups, including vulnerable groups.

COUNTRY SPECIFIC PRIORITIES

Afghanistan (rated as 'CLOSED' by the CIVICUS Monitor)^[2]

Civic space in Afghanistan was downgraded to ‘closed’ in March 2023, the lowest possible category on the CIVICUS Monitor scale. Since the Taliban takeover, there have been widespread reports of restrictions on civil society. Activists have been arbitrarily arrested and detained for their criticism of the Taliban. Others have faced harassment, intimidation and violence and some have also been killed. There have also been abductions of women human rights defenders by the Taliban with impunity. The Taliban have also raided media offices, confiscated equipment and detained journalists. Some have been tortured and ill-treated.

In the aftermath of the second anniversary of Taliban rule, hardliners within the de facto government are firmly in control. Every month the de facto authorities issue additional restrictions on fundamental rights and freedoms and take further steps to enforce existing rules. Civil society inside Afghanistan has been threatened and beaten into near total silence, while those who fled overseas have seen their families back home harassed. The clampdown on civic space is making the monitoring and documentation of human rights violations extremely challenging.

During an Enhanced Interactive Dialogue at the UN Human Rights Council on 19th June 2023, Afghan activists and civil society pointed to the continued lack of serious and sustained attention of the international community despite the grave situation in Afghanistan, and the urgent need for an accountability mechanism has not diminished.

The Taliban continue to expand restrictions on all aspects of women’s lives, and female members of civil society are particularly at risk of being targeted by the de facto authorities. The Taliban in April 2023 banned Afghan women from working for the UN in the country, also affecting UN’s Afghan female staff who had had until then been exempt from ban on Afghan women working for NGOs and aid agencies.

We call on States to:

Support the renewal of the mandate of the Special Rapporteur on the situation of human rights in Afghanistan.
Raise concerns over the numerous instances of public lashings, media worker detentions, retaliatory killings of former members of the Afghan National Security Forces, the targeting of individuals linked to armed opposition groups, and new restrictions on women’s social and economic rights.
Use to Interactive Dialogue with the Special Rapporteur on the situation of human rights in Afghanistan to report further cases of gender-based persecution, as a follow up to the report published by the Special Rapporteur in June 2023 describing the widespread and systematic discrimination to which women and girls in Afghanistan are subjected, highlight the challenging situation facing women human rights defenders (WHRDs).
Use the Interactive Dialogue with the Working Groupon Arbitrary Detention to highlight the increased targeting of NGOs and activists, including those in exile, and the situation of human rights defenders who remain in detention, including the situation of Matiullah Wesa.

Cambodia (rated as 'REPRESSED' by the CIVICUS Monitor)

The state of civic space in Cambodia is rated as repressed by the CIVICUS Monitor and the country was added to the Watchlist in February 2023 due to a rapid decline in civic freedoms. In June 2023, the National Assembly approved an amendment to the election law prohibiting those who refused to vote in the upcoming elections from running as candidates in future ballots, including the communal council election and general election. The amendment furthermore imposed criminal liability on individuals who disrupted or obstructed the voter registration process, as well as disrupted or obstructed the elections.

In May 2023, a Phnom Penh municipal court convicted NagaWorld union leader Chhim Sithar alongside eight members of the Labour Rights Supported Union of Khmer Employees of NagaWorld (LRSU) of ‘incitement to commit a felony or disturb social security’ under the Criminal Code.

Activists in Cambodia are concerned about increased surveillance and particular concerns were expressed around facial recognition projects by the government that could "lead to massive surveillance."

We call on States to:

Use the Interactive Dialogue with the Special Rapporteur on the situation of Human Rights in Cambodia to highlight restriction to the right to freedom of association, highlighting threats to NGOs dissolution and continued concerns over the use of the Cambodia’s Law on Associations and Non-Governmental Organisations (LANGO), which empowers the authorities to shut down organisations or deny them registration based on vaguely, undefined, and broadly formulated concepts.
Support and adopt a strong resolution on the human rights situation in Cambodia and support the renewal of the Mandate of the Special Rapporteur on the situation of Human Rights in Cambodia.
Use the Interactive Dialogue with the Working Group on Arbitrary Detention to call for the release of union’s members jailed over strike action.

Myanmar (Rated as ‘CLOSED’ by the CIVICUS Monitor)

Attacks on civic space continued unabated since the February 2021 coup. Since then, the Myanmar military junta, which assumed power illegally, has arrested the civilian leaders of the national and state governments and unleashed a deadly crackdown against a mass ‘civil disobedience movement’ opposing their actions. Serious human rights violations persist, especially against the rights to freedom of peaceful assembly, association and expression. They include the criminalisation, arbitrary arrest and prosecution of human rights defenders and activists, the ongoing use of torture and ill-treatment as well as meting out of death sentences and carrying out of arbitrary executions. The junta has also crackdown on the right to freedom of expression, particularly online dissent and all forms of protests with demonstrators facing long jail sentences.

While a five-point consensus agreement was decided by ASEAN leaders in Jakarta in 2021, there has little tangible progress thus far. The UN has continued to document and raise concerns – including in relation to crimes against humanity and war crimes. Despite the sanctions imposed by numerous countries, these have not had a major impact on significantly de-escalating the violations committed by the junta.

We call on States to:

Use the Interactive Dialogues with the Independent Investigative Mechanism for Myanmar to urge the mechanism to increase the amount of first-hand testimonial evidence collected, by conducting further investigative missions; to continue building case files to provide individual criminal responsibility for serious international crimes; and to prepare an analytical report focussing on possible grave human rights violations as they relate to the violation of the right to freedom of peaceful assembly and association, to be shared with national and international courts or tribunals, and advance the development of a specific accountability mechanism on the national level for grave violations related to these rights.
Use the Interactive Dialogue with the High Commissioner to highlight the continued repression facing human rights defenders and activists, to raise concerns over press freedoms, and to shed light on the systematic attack on civic space on the ground.
Use the Interactive Debate with the Working Group on Arbitrary Detention to highlight the misuse of the criminal justice system to harass and prosecute human rights defenders and to call for the release of arbitrarily arrested and detained activists, stressing that those arbitrarily detained and charged are often held for prolonged periods in pre-trial detention, in violation of international human rights obligations.

Nicaragua (Rated as ‘CLOSED’ on the CIVICUS Monitor)

In Nicaragua, the crackdown on civic space and civil society continues relentlessly. In October and November 2022 alone, the Ministry of Interior ordered the removal of the legal status of 133 national civil society organisations (CSOs) and the cancellation of the operating registration of 65 foreign CSOs. Over 3000 organisations have been stripped of their legal status in Nicaragua in a concerted effort by the Nicaraguan government to eliminate all dissenting voices. In the November 2022 municipal elections, the Ortega government secured control of the 153 municipalities in an arbitrary and non transparent process ‘’characterized by repression of dissenting voices and undue restrictions of political rights and civil liberties’’. Due to various human rights violations, more than 150,000 Nicaraguans are living in exile without being able to return home.

In May 2023, Nicaraguan police arrested critics of the regime on accusations of conspiracy, treason, and spreading fake news. Civil society organisations reported that at least 57 people were arbitrarily detained, including human rights defenders, journalists, attorneys and social movement leaders. They were detained for several hours then released on conditional parole.

In light of Nicaragua’s lack of engagement with regional and international mechanisms, the Group of Human Rights Experts (GHRE) and the monitoring mandate of the Office of the High Commissioner for Human Rights remain essential to investigate serious human rights violations in the country.

We call on States to:

Use the Interactive Dialogues with the High Commissioner to highlight the restrictions on civic space, the conditions of political prisoners and the situation of forcibly displaced families.
Continue engaging with the GHRE and with the High Commissioner to raise concerns about the civic space environment in Nicaragua, particularly pertaining to undue restrictions to freedoms of expression, peaceful assembly and association.
Use the Interactive Dialogue with the Working Groupon Arbitrary Detention to highlight the situation of human rights defenders and activists arbitrarily detained, and call for their release.

Russia (Rated as ‘CLOSED’ on the CIVICUS Monitor)

In December 2022, the Federal Law "On Control over the Activities of Persons Under Foreign Influence" came into force, bringing into effect a unified register of foreign agents. An individual can now be recognised as a foreign agent regardless of their citizenship, and the criteria for being added to the register will now widen the scope from receiving monetary support from abroad to receiving other forms of support or influence.

Repression of protests have continued to be a key characteristic of the response by authorities. On 24th September 2022, those who opposed the mobilisation of civilians into the army held protest actions, with the police detaining not only participants but also random passers-by. In Saint Petersburg, the security forces applied force against protesters and used batons and electric shocks, in violation of principles on the use of force in law enforcement.

We call on States to:

Support the renewal of the mandate of the Special Rapporteur on the Russian Federation, uphold the independence of the mandate, call on the Russian Federation to cooperate with Special Procedures, and support the adoption of a Resolution that includes substantive language on the serious concerns over to the prolonged military activities.
Use the first Interactive Dialogue with the Special Rapporteur to highlight the situation of civic space and challenges facing civil society in the Russian Federation.

Country situations not on Human Right Council’s agenda that urgently require attention

Bangladesh (Rated as 'REPRESSED' by the CIVICUS Monitor)

Bangladesh’s civic space rating by the CIVICUS Monitor remained repressed in the latest report published in March 2023. Among the ongoing concerns were judicial harassment, threats and attacks on human rights defenders and journalists. The Draconian Digital Security Act (DSA) continues to be used against individuals who criticise people in power on social media. The police have also disrupted and used excessive force against protesters and there have been allegations of torture, ill-treatment and enforced disappearances by the security forces. Since January 2023, the authorities have continued to use the draconian Digital Security Act (DSA) against critics.

Journalists have continued to face reprisals including arrest, prosecution, torture and intimidation of their families while critical media outlets have been shut down, vilified and attacked. There have been restrictions and crackdown on opposition protests and the judicial harassment of human rights groups has persisted.

We call on States to:

Call on the Government of Bangladesh to refrain from using restrictive laws to clampdown on civic space and immediately and stop using excessive force against protesters, activists and human rights defenders.
Use the General Debate to to raise the relentless deterioration of civic space in the country and condemn the ongoing human rights violations committed by the authorities during protests and condemn acts of intimidation and reprisals against protesters.

India (rated as 'REPRESSED' by the CIVICUS Monitor)

India’s civic space continues to be rated as repressed by the CIVICUS Monitor. In recent years, India has witnessed the misuse of the draconian anti-terror Unlawful Activities (Prevention) Act (UAPA) and other laws to keep activists behind bars and fabricate cases against activists and against journalists for undertaking their work. The authorities blocked access to foreign funding for NGOs using the restrictive Foreign Contribution (Regulation) Act (FCRA) and human rights defenders and journalists in Indian-administered Jammu and Kashmir continue to be targeted for speaking out again the government’s regressive and divisive political agenda.

In May 2023, the Law Commission, which advises the Indian government on legal reforms, recommended retaining the country’s sedition law, expanding the definition of sedition, and increasing the punishment for violating the law, citing the need for national security. A new penal code that has been proposed contains clause 150 that closely resembles the current sedition provision in section 124A in the current law.

Ahead of the G20 Summit in September 2023, the assault on civic freedoms continues with organisations hosting the People’s 20 meetings in Delhi being harassed. Journalists were assaulted in Manipur, while a partial internet ban remains. Women protesting in the province have been injured by security forces. Human rights defenders in Jharkhand and Uttar Pradesh have faced raids and arrests, while the repression and detention of activists in Jammu and Kahmir persists.

We call on States to:

Urge for the immediate release of arbitrarily detained activists in Jammu and Kashmir and of prominent human rights defender Khurram Parvez, arbitrarily arrested in November 2021 and prosecuted under multiple trumped-up charges related to criminal conspiracy and terrorism, following the June 2023 opinion of the UN Working Group on Arbitrary Detention (WGAD) which called on the authorities to immediately release him and to provide him with an “enforceable right to compensation and other reparations.”
Condemn the attacks on civic freedoms and assault of journalists by the Indian security forces during unrests in Manipur and urge authorities to investigate the attacks and ensure that those responsible are held to account.

Philippines (Rated as ’REPRESSED’ by the CIVICUS Monitor)

After over one year of the Marcos administration, the situation for civil society has not seen any improvement. On the contrary, the new administration has consolidated worrisome practices and trends targeting human rights defenders and civil society at large. Trends include systematic intimidation, attacks and vilification of civil society organisations (CSOs) and activists, increasing crackdown on media freedoms and the emerging prevalence of a pervasive culture of impunity. Crackdowns against activists and CSOs have often occurred under the guise of antiterrorism or national security interests. The widespread practice of ‘red-tagging’ - labelling activists as terrorists - often ends up with extrajudicial killings of activists and human rights defenders with impunity. Use of restrictive legal provisions to curb freedom of expression and freedom of peaceful assembly remains a challenge. The UN joint programme has been unable to fulfil its mandate, especially concerning strengthening domestic investigation and accountability mechanisms.

We call on States to:

Ask the government of the Philippines to stop the targeting of activists and human rights defenders, including through intimidation, vilification and ‘red-tagging’.
Urge the government of the Philippines to stop using the excuse of anti-terrorism and national security interests to crackdown on civic space and civil society organisations.
Advocate for the search for a long-term solution, for instance through the establishment of an independent investigative mechanism to address human rights violations and abuses to further accountability.
Present a resolution that mandates the High Commissioner to conduct an assessment of the UN Joint Programme and present a report on ways forward.
Use the Interactive Dialogue with the Working Group on Arbitrary Detention to raise concerns over activists abducted, harassed and arrested on fabricated charges.

Additional concerns

We also express concern over the withdrawal of OHCHR from Uganda following the non-renewal of the memorandum of understanding. We similarly express concern over the withdraw of the UN-mandated peace support operation MONUSCO from DRC, with the mandate officially ending at a crucial time, and support the reinforcement of the OHCHR’s capacity on the ground to avoid gaps in monitoring and reporting on violations of human rights and international humanitarian law, as well as gaps in accountability for human rights violations and in early warning for the prevention of abuses and protection of human rights. We remain concerned about the impending withdrawal of the UN peacekeeping mission in Mali on the orders of the military junta and about the implications on civic space and civil society on account of the military coups Gabon and Niger.

^[1] The Assistant Secretary General has previously expressed intention to establish a methodology to monitor patterns of reprisals, see also https://ishr.ch/latest-updates/unga-third-committee-discusses-annual-sg-report-on-reprisals-for-the-first-time/.

^[2] The CIVICUS Monitor tracks civic space worldwide, and assigns countries a rating on a scale ranging from open to closed. ‘Open’ countries are ones in which the State both enables and safeguards the enjoyment of civic space for all people. In ‘narrowed’ countries, while the State allows individuals and civil society organisations to exercise their rights to freedom of peaceful assembly, association and expression, violations of these rights also take place. In ‘obstructed’ countries, civic space is heavily contested by power holders, who impose a combination of legal and practical constraints on the full enjoyment of fundamental rights. ‘Repressed’ countries are ones in which civic space is significantly constrained. In ‘closed’ countries, there is complete closure - in law and in practice - of civic space.