States should support a draft resolution on the protection of human rights defenders and reject hostile amendments being pushed by China, Egypt, Russia and others to restrict and de-legitimise their work, says a group of more than 150 non-governmental organisations from all over the world.
(Geneva) – Member States of the UN Human Rights Council should support the adoption of a vital draft resolution on the protection of human rights defenders and vote down over 30 hostile amendments proposed by China, Cuba, Egypt, Pakistan and Russia to substantially weaken the text.
In an open letter to governments, a group of more than 180 non-governmental organisations from all regions of the world have said that the resolution – which focuses on the situation and protection needs of those working to promote economic, social and cultural rights – is a timely, balanced and important response to the worsening crackdown on human rights defenders. States from all regions, including Australia, Brazil, France, Ghana, Japan and Tunisia, among others, have already pledged their support for the Norwegian-led text.
The countries sponsoring the hostile amendments are among the worst perpetrators in this regard, with China detaining or disappearing more than 300 journalists, lawyers and human rights defenders since July 2015 and Egypt moving rapidly to shut down the remaining credible, independent human rights organisations in the country.
The draft resolution, which has been developed, through open and transparent negotiations, will be voted upon by 47 Member States of the Human Rights Council on 24 March 2016. Leading human rights experts from around the world, including South African jurist and former UN High Commissioner for Human Rights Navi Pillay, have also publicly called on States to support the draft text.
‘Human rights defenders play a vital role in promoting transparency, good government and the realisation of economic, social and cultural rights for all. Their work is essential for sustainable development and the maintenance of the rule of law. States that support these principles should stand with civil society and co-sponsor and support the draft text,’ said ISHR Human Rights Council Advocacy Director Michael Ineichen.
‘By contrast, a vote in favour of the amendments is, and will be seen to be, a vote against the important and legitimate work of human rights defenders and in favour of attacks and restrictions on their work. It will also be seen as a vote against ESC rights and the right to development,’ Mr Ineichen said.
The amendments being pushed by China, Cuba, Egypt, Pakistan and Russia include proposals to remove any reference in the text to the term ‘human rights defenders’, to deny the legitimacy of their work, and to weaken their protection against attacks and reprisals.
‘If States support the protection and realisation of economic, social and cultural rights and the right to development for all, including the most disadvantaged and vulnerable, they should equally support the protection of human rights defenders who work tirelessly and courageously to achieve these rights,’ Mr Ineichen said.
Re: Support resolution on the protection of human rights defenders addressing economic, social and cultural rights
24 March 2016
Your Excellency,
The undersigned 150 civil society organisations, coming from all regions, urge your delegation to support the adoption of the resolution on the protection of human rights defenders working to promote economic, social and cultural rights as tabled. We urge you to resist efforts to undermine and weaken this resolution.
The draft resolution entitled ‘Protecting human rights defenders addressing economic, social and cultural rights (A/HRC/31/L.28) is being considered by the 31st session of the Human Rights Council. It will be presented for adoption today, 24 March.
South African jurist and former High Commissioner for Human Rights, Navi Pillay, has articulated the importance of such a resolution in the following terms:
As a South African, I have seen and experienced first-hand the role of ESC rights defenders in combating poverty and injustice and in promoting universal human rights for all, even the most powerless and disadvantaged. I have seen how the work of those who defend ESC rights benefits entire communities; just as attacks against those who defend ESC rights harm entire communities. That is why it is so important and timely that the UN Human Rights Council is currently negotiating a resolution on the protection of ESC rights defenders.
The draft resolution has been developed through a number of open and transparent informal negotiations.
The text, as tabled, is balanced and appropriate, in recognising the vital contribution of human rights defenders to the realisation of economic, social and cultural rights and the right to development. It is currently cosponsored by a broad group of States from all regions of the world.
The text also identifies the threats, attacks and challenges facing this group of defenders and the obligations, duties and interests of State and non-State actors in terms of supporting and safeguarding this work. It provides good practice guidance to both State and non-State actors in this regard.
Despite the importance of the resolution – so tragically illustrated at the commencement of the 31st session with the murder of Honduran woman human rights defender Berta Caceres – a small group of States, led by the Russian Federation, China, Egypt, Cuba and Pakistan are seeking to seriously undermine the text. A large number of adverse amendments being pushed by these States include proposals, which have the purpose or would have the effect of:
The amendments being advocated by the Russian Federation, China, Egypt, Cuba and Pakistan should be seen in the context of the systematic efforts currently underway in several of these States to restrict and criminalise the important and legitimate work of human rights defenders and independent civil society organisations in violation of international human rights law. The proposal to weaken language on reprisals should similarly be understood in the context of several of the proposing States being the subject of allegations of intimidation or reprisals in both the Secretary-General’s report and the joint communications report of Special Procedures.
We urge you not to associate with such positions. Instead, we respectfully urge your delegation to co-sponsor resolution L.28 as tabled, vote against the amendments presented, and vote in favor of the resolution as drafted.
Civil society and human rights defenders around the world look to the HRC and its Member States for support and protection, and we hope your delegation will stand with us.
Yours sincerely,
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