In the upcoming 56th session of the UN Human Rights Council (18 June to 12 July) CIVICUS, the global civil society alliance with a mandate to strengthen citizen action and civil society throughout the world, will prioritise protecting civic space and core freedoms, supporting civil society where they face grave risk, and enabling the participation and engagement of civic groups with the Council.
More people than ever before continue to live in countries where human rights defenders are routinely imprisoned, harassed and stigmatised for exercising their fundamental freedoms. According to the CIVICUS Monitor findings, civic space conditions that enable the participation of civil society in decision making are increasingly challenging, with over 85% of the world’s population currently living in countries where civic space is restricted. In this context, it is of paramount importance that the Human Rights Council effectively respond to regression of civic space globally as well as on a country level.
Council action should continue to address the root causes of global challenges and protracted crises as they relate to the protection and promotion of civic space and human rights. We also advocate for the strengthening of the Human Rights Council to enable the mechanism to effectively carry out its mandate to respond to the broad range of human rights challenges facing the international community. In particular, the Human Rights Council should play a more assertive role in preventing rather than reacting to human rights crises, including by recognising the deterioration in civic space conditions as early warning signs of serious deterioration in the human rights situation.
Against this background, the 56th session offers a number of opportunities for the protection and promotion of fundamental freedoms and civil society space.
*More data on the state of civic freedoms for all UN Member States available at monitor.civicus.org
Institutional challenges
Almost thirty years ago a UN Secretary General said “Non-governmental organisations (NGOs) are an essential part of the legitimacy without which no international activity can be meaningful.” Civil society organisations (CSOs) provide expert knowledge, advice, and the views of important constituencies whose voices may not be adequately represented by government delegations, but whose views are valuable to informed decision-making and decision-implementation. Meaningful civil society participation at the Council can also catalyse efforts for the negotiation of higher human rights standards.
Therefore, full and effective participation and meaningful engagement of civil society remains crucial. The Council’s mandate, as set out in HRC Resolution 5/1, requires that arrangements be made, and practices observed to ensure ‘the most effective contribution’ of NGOs.
We are concerned about continuing restrictions to online modalities of participation in Human Rights Council meetings, which heavily affect the ability of civil society organizations based outside Geneva including at the national and grassroots to contribute to the work of the Council.
On the one hand, since the beginning of this year we have witnessed the discontinuation of good practices. We regret that the Office of the High Commissioner for Human Rights (OHCHR) will no longer be in a position to cover the costs related to remote participation during side events and we are particularly concerned that starting from this session the informal negotiations taking place on the sidelines of the session will only be available on a cost recovery basis. The requirement for States to pay for the use WebEx for hybrid informal negotiations on draft resolutions will further limit the shrinking space for civil society engagement.
We welcome, on the other hand, the adoption of the digital system designed to streamline and consolidate the various applications utilised throughout various mechanisms and their sessions, including the Human Rights Council, ahead of the 56th session. The system will make it easier for CSOs to apply for events and register statements across session and to track co-sponsorship of statements.
In a global environment of shrinking civic space, we are also particularly attentive to changes that may be indicative of a wider pattern of restrictions to civil society participation. In this regard, recent changes affecting CSOs’ ability to physically access UN spaces in Geneva have been of concern since new security measures were put in place.
The liquidity crisis the UN system is facing due to the record number of States that have failed to pay their membership dues in full in the last five years is having a severe impact on the UN Secretariat, affecting the work and operations of human rights mechanisms as well as independent mechanisms. We call on States to pay their contributions to the UN in full and on time to resolve the liquidity crisis to allow key independent investigations and human rights bodies and mechanisms to fulfil their mandates, including by delivering outcomes and reports requested by intergovernmental bodies such as the Human Rights Council. Restrictions affecting the work of the Human Rights Council will likely continue until at least October 2024.
Thematic priorities
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1. Arbitrary detention Arbitrary detention of protestors, journalists and HRDs feature among the top 10 violations of civic freedoms documented by the CIVICUS Monitor in 2023. Unlawful detention of human rights defenders (HRDs) and activists remains a global scourge. In many contexts, detention and arbitrary arrest or protesters have been increasingly used as a tactic to silence dissent. CIVICUS committed to enhanced action to enable the release of unduly imprisoned HRDs in CIVICUS’s pledge delivered in the context of the Human Rights 75 high-level event in December 2023. We continue to urge States in which arrest and detention of human rights defenders have been found to be arbitrary by the Working Group on Arbitrary Detention to release them without any conditions before the end of 2024. We recall that arbitrary detention is prohibited both under international humanitarian law and international human rights law. We encourage States to: Before the Council:
At the national level:
CIVICUS will use each opportunity to urge the release of persons featured in the Stand as my Witness (SAMW) Campaign and others whose detention has been found to be arbitrary by the UN Working Group on Arbitrary Detention. We further encourage States to consider the need for additional norm setting on arbitrary detention on the international level, with a focus on enforcement. 2. Peaceful protests The right to freedom of peaceful assembly remains under severe attack. Three of the top 10 violations of core civic freedoms that CIVICUS has documented in 2023 specifically target protesters. These include disruption on protests, detention of protesters, and excessive use of force by law enforcement against protesters. Patterns of excessive use of force by law enforcement in many world regions, including cases that have been followed by arbitrary detentions under fabricated charges, have been documented. We urge States to adopt a Resolution:
3. Transnational repression Transnational repression is a term increasingly used to refer to state actors acting beyond the domestic context to suppress or stifle dissent by targeting human rights defenders, activists and journalists in violation of their human rights. Consequences of transnational repression are multifold, with a chilling effect on fundamental freedoms including the rights to freedom of expression, peaceful assembly, and association. Transnational repression can take the form of a wide range of human rights violations and abuses which include but are not limited to killings, abductions, enforced disappearances, arbitrary arrests, and online harassment and spyware. In addition, transnational repressors often seek the collaboration of host governments to curtail their exiles’ civic freedoms and to ultimately expel them, and sometimes they use legal means to achieve these ends including under the cover of extradition treaties. CSOs including CIVICUS have documented trends and patterns of transnational repression, which have also been highlighted by Special Procedures in their recent thematic and country reports, including in the context of the right to freedom of expression. Between 2014 and 2022, the top five perpetrators of transnational repression were China, Turkey, Tajikistan, Egypt and Russia, followed by Turkmenistan, Uzbekistan, Iran, Belarus and Rwanda. Many other States have committed human rights violations beyond the domestic context. Acknowledging transnational repression as an increasing phenomenon of global concern, we call on States to:
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Country-specific priorities
Country situations on Council agenda
Israel/ Palestine (Civic space in Israel is rated as ‘OBSTRUCTED’, civic space in Palestine is rated as ‘REPRESSED’)
During the past Human Rights Council session, the Special Rapporteur on the OPTs concluded that the actions of Israel in Gaza meet the legal qualifications of genocide and UN Special Procedures have described Israel’s military operation in Gaza as “the deadliest, most dangerous conflict for journalists in recent history”. With over 37,000 Palestinians and 1,139 Israeli have been reported as killed, including at least 105 journalists (100 of those Palestinian) as of June, and the highest number of deaths of aid workers (224) of any conflict this century, the conflict continues to exacerbate the brutal context for civil society.
While most donors reinstated their funding to UNRWA after a wave of suspensions earlier this year, the work of civil society is severely undermined by recurring telecommunications blackouts in the Gaza strip, which have also been jeopardising the safety of civilians, journalists and aid workers by inhibiting access to critical information, and by the suspension and/or revision of the support to CSOs, a practice followed by a number of States with the argument that the financial aid might be used for terrorism. Despite the approval of a second resolution calling for safe, immediate and unimpeded humanitarian access and Court of Justice’s ruling ordering Israel to enable the provision of basic services and humanitarian assistance to Palestinians in Gaza, the humanitarian situation remains dire. CIVICUS has documented the use of excessive force, physical violence and detention of journalists reporting on the military bombardment in Gaza, alongside other grave violations associated with the right to freedom of expression, peaceful assembly and association.
We call on States to:
- Continue calling for and actively support an immediate ceasefire to reflect the immediate need to halt ongoing hostilities and protect civilian lives.
- Support independent investigations into alleged violations and accountability for perpetrators to ensure justice for victims of human rights violations and use the Interactive Dialogue with the Independent Commission of Inquiry to highlight patterns of international human rights law and humanitarian law violations.
- Call for an end to harassment, intimidation, and arbitrary detention of human rights defenders, activists and journalists.
- Use relevant Interactive Dialogues to call for attention to restrictions to civil society funding both in Israel and Palestine acknowledging the significant and crucial role played by civil society actors in Palestine and Israel in documenting human rights violations across both countries.
Eritrea (Civic space is rated as ‘CLOSED’)
Civic space conditions in Eritrea remain extremely challenging. In the past year, Eritrean authorities have persistently suppressed fundamental rights, including freedom of opinion and expression, and escalated their use of unlawful detentions as well as enforced disappearances. Eritrean security forces have continued to committed serious rights violations and extraterritorial attacks in Ethiopia's Tigray region and the country was recently ranked the worst jailer of journalists in sub-Saharan Africa. Arbitrary detention remains one of the main concerns, as activists and individuals have involved in some of the longest-standing cases worldwide and detained incommunicado and many detainees have never faced formal charges.
Independent CSOs are in practice not able to operate in Eritrea as they are heavily censored and imposed onerous reporting guidelines. Freedom of assembly is not recognised by the authorities, public gatherings of more than seven people require a permit and law enforcement officials routinely use excessive force to disperse protests. Peaceful protesters constantly face the threat of prolonged periods of arbitrary detention.
We call on States to:
- Support the extension of the mandate of the Special Rapporteur.
- Adopt a Resolution that include substantive elements on the domestic human rights situation and referencing HRC membership standards and obligations.
- Urge Eritrea to cooperate fully with the Special Rapporteur, in accordance with its obligations as a Council Member.
- Use the ID with the Special Rapporteur on Eritrea and other relevant debates to urge Eritrea to cooperate fully with the Special Rapporteur and to urge the release of arbitrary detained activists and journalists.
- Draw attention to the ongoing grave human rights violations committed by Eritrean authorities at home and abroad in a context of widespread impunity.
- Request the Special Rapporteur to provide an assessment of the evolution of Eritrea’s human rights situation during the time of its Membership in the Council and in the context of the ten-year anniversary of the establishment of the Commission of Inquiry on Eritrea.
A joint letter was developed by a group of CSOs.
Myanmar (Civic space is rated as ‘CLOSED')
The civic space in Myanmar has continued to regress due to sustained repression by the junta. In a recent report, CIVICUS has documented the ongoing criminalisation of activists and protesters, the silencing of journalists and increasing control of the media, as well as the targeting of lawyers and torture and ill-treatment of political prisoners. Other violations include continued human rights violations and abuses against the Rohingya.
Nearly 20,000 political prisoners including human rights defenders and activists, are currently held in arbitrary detention on fabricated charges, with no hope of a fair trial, while torture and ill-treatment is rampant. In recent months, political prisoners faced increased sentences for holding protests. The crackdown on the media by the junta has persisted and over 60 journalists remain unlawfully detained in the country. Activists are also subject to extraterritorial attacks outside Myanmar. While some states have imposed sanctions on the junta, ASEAN has continued to pursue the failed 2021 Five Point Consensus to address the crisis.
We call on States to:
- Adopt a new Resolution on Rohingya and other minorities in Myanmar as an important step to maintain the situation of Rohingya and other minorities in Myanmar high on the agenda of the Council, addressing concerns regarding restrictions on civil society, especially for humanitarian groups and Rohingya populations, ensuring any decisions taken are done in full consultation with civil society and that Rohingya refugees in Bangladesh can exercise their civic space without reprisals.
- Adopt a substantive Resolution to also reflect and comprehensively address the reality of the human rights situation on the ground in Myanmar.
- Use relevant Interactive Debates to urge the mass release of arbitrarily detained political prisoners, defenders, and journalists, their ill-treatment in detention, as well as the repeal of restrictive laws.
Sudan (Civic space is rated as ‘REPRESSED’)
CIVICUS remains deeply concerned about the impact of the Sudanese civil war on the civic space and human rights situation, which continues to deteriorate since the outbreak of the conflict in April 2023. The civil war initiated an unprecedented humanitarian crisis, with chilling effects in neighbouring countries. Amid lack of support for a “democratic civilian rule”, attacks on civilians are a common strategy by the militias.
Despite the talks for a negotiated peace in Sudan between the Sudanese Armed Forces (SAF) and the Rapid Support Forces (RSF), killings, displacements, enforced disappearances, and gender-based violences were not suspended. Women human rights defenders, activists and journalists have been easily targeted since the outbreak of the conflict due to social stigma toward them. Both parties have exercised emergency power, which has been periodically renewed, to legitimize their human rights violations including acts of killing, arbitrary detention, and enforced disappearances. Media freedom has been severely restricted, which has brought about rampant disinformation and propaganda on social media. We are also highly concerned about the mass atrocities and the fate of women and girls who are believed in captivity, as well as of underreporting of cases of SGBV.
We call on States to:
- Take concrete measures to protect civilians, including women and girls, where violations of international humanitarian law amounting to crimes against humanity are taking place.
- Urge the warring parties to uphold their obligations under international humanitarian law and international human rights law.
- Request additional reporting by the High Commissioner with the assistance of its Designated Expert.
- Support the extension of the mandate of the Fact-Finding Mission for one year to allow it to continue collecting information and verifying allegations of grave human rights violations including those associated with the widespread conflict-related sexual violence (CRSV).
- Support accountability processes and mechanisms against warring parties for war crime committed.
A joint letter was developed by a group of CSOs.
Belarus (Civic space is rated as 'CLOSED')
The human rights situation in Belarus has not improved and the widespread use of arbitrary detention remains one of the prominent concerns. Despite the statement issued by Special Rapporteurs and others in 2023 statement calling on Belarusian authorities to “immediately release all prisoners in the country detained on spurious charges for exercising their fundamental rights to peaceful assembly, association and expression", three further activists of Viasna were arrested and charged with participating in an extremist organization last April.
All prominent opposition figures are currently in prison or have taken exile abroad. Repression against Belarusian civic groups continues with arrests, torture in detention centres, and compulsory liquidation of non-profit organisations, whilst over 400 organisations have opted for self-liquidation, since the legal framework governing the rights to freedom of association has become increasingly repressive. In May, 161 people were reportedly arbitrarily convicted and law enforcement officials raided companies suspected of opposition ties as part of the ongoing crackdown on dissent. The Viasna Centre continues to monitor how the country's authorities suppress freedom of assembly and documented sentences that upheld the deprivation of liberty of individuals who took part in various forms of peaceful protest.
We call on States to:
- Support and adopt a strong resolution on the human rights situation in Belarus which addresses the closed civic space and situation of HRDs.
- Call for the immediate and unconditional release of members of Viasna, Human Rights Center, who are arbitrarily detained.
Venezuela (Civic space is rated as ‘CLOSED’)
Ahead of the presidential elections, the country has witnessed a concerning trend of arbitrary detentions, harassment of activists and new restrictive laws have been proposed to further undermine the activities of civil society organisations.
In the midst of an electoral campaign where popular support for the regime is scarce and repression against the democratic opposition abounds, the National Assembly approved in May 2024 the first nine articles of the draft “Law for the Control, Regularization, Performance and Financing of Non-Profit Social Organizations”. This legal instrument, which shares similarities with the Russian law on foreign agents, has generated well-founded fears among both Venezuelan organised civil society and international human rights organisations, which are concerned that it could be used to restrict, criminalise and potentially shut down CSOs working in Venezuela.
The eventual enactment of this controversial bill would point to the definitive closing of the civic space in Venezuela. Journalists, activists, human rights lawyers subjected to arbitrary detentions and enforced disappearances, which have become common tactics. Freedom of expression and press freedom also face significant challenges, with journalists encountering acts of intimidation and harassment including online threats, surveillance, and other violations by state officials.
We call on States to:
- Bring to the attention of the Council cases of arbitrary detention and incommunicado detention of HRDs and activists.
- Use relevant thematic Interactive Dialogues to express concerns around the draft NGO law which, if enacted, would seriously hinder the freedom of association.
- Urge Venezuelan authorities to refrain from approving any legislation or regulation that arbitrarily limits the right to association, freedom of expression, and participation in matters of public interest.
Country situations that require Council attention
Georgia (Civic space is rated as 'NARROWED')
Civic space is rapidly deteriorating in Georgia. A couple of weeks ago, Georgia passed a Russian-style 'foreign agents' law that targets the country's civil society. Under the law, NGOs and media outlets that receive more than 20% of their funds from donors outside the country must register as “agents of foreign influence". Since Parliament passed the law, thousands of people have taken part in peaceful protests. Protests have been met with violence, including illegal use of force by police, ill-treatment, and arbitrary arrests. The new law also raises concerns about the impact it could have on the independent media in the country. Last year, the UN Special Rapporteur on Human Rights Defenders released a report on systematic efforts by authorities to underline HRDs following a country visit.
We call on States to:
- Use relevant Interactive Debates to highlight attacks to the right to freedom of expression, peaceful and assembly in Georgia and urge Georgian authorities to uphold their international human rights obligations and commitments.
- Bring to the attention of the Council systemic impunity for attacks and harassment against human rights defenders.
Additional priorities
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A UN Special Rapporteur on Democracy Acknowledging the crucial role of civil society in strengthening and protecting democracy particularly in the context of the worrying trend of democratic decline and overall deterioration in civic space conditions as CIVICUS has documented in all world regions, CIVICUS in collaboration with other CSOs continues to consider the need for a UN Special Rapporteur to investigate the situation of democracy on a global level, with a view to strengthening and protecting democratic rights and institutions, revitalising democracy and promoting improvements in civic space conditions. The UN Special Rapporteur on Democracy would examine challenges and opportunities related to the realisation of democracy including overall civic space conditions, where these are not covered by other mandates and mechanisms. Despite the large number of Special Procedures covering various elements, there is relevant and empty space to be addressed by a Special Rapporteur on the Right to Democracy. Over 100 civil society groups and think tanks from across the world have already signed a joint statement calling on all governments that are committed to the protection and promotion of democracy to support the establishment of this new mandate. We urge States to:
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Other priorities and concerns
CIVICUS will continue to highlight the UN’s Guidance Note on the Protection and Promotion of Civic Space and call for 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 measurable implementation.
