Yesterday, the Special Rapporteur on the situation of human rights defenders presented her report at the General Assembly's Third Committee on the long-term detention of human rights defenders.
ISHR’s new report to the UN Secretary-General demonstrates the need for the UN and States to do more to prevent and ensure accountability for intimidation and reprisals against those who cooperate or seek to cooperate with the UN. The report was prepared in response to the call for submissions to the annual report of the Secretary-General on cooperation with the UN in the field of human rights, aka the ‘Reprisals Report’. ISHR’s report outlines developments in the international and regional systems, and documents a number of cases.
ISHR’s submission presents a disturbing pattern of intimidation and reprisals. Cases of reprisals featured in the submission range from States dangerously maligning defenders to killing them. In Venezuela, increased monitoring of the situation by the UN has been met with increased risk, stigmatization and harassment of defenders working with the mechanisms. In the Philippines, human rights defenders continue to be vilified by the government and accused of being terrorists. Defenders in Honduras, India, Thailand, Cuba, and Yemen continue to be threatened and harassed. In Russia and Cameroon, defenders who engaged with the UN have been refused entry to the country. Defenders working on China continue to be smeared and discredited and there continues to be no investigation into the death of Cao Shunli, who was jailed and died in custody for trying to provide information to the UN. Defenders in Egypt, the UAE, Saudi Arabia, remain in jail because they dared engage in international advocacy. Other countries cited in the report include The Bahamas, Brazil, Burundi, Mexico, Morocco, and the United States.
The report includes follow-up information on a large number of cases, demonstrating that incidents of reprisals and intimidation are very rarely, if ever, adequately resolved. ‘One only needs to look at the cases that remain unresolved year after year, to know that something more must be done by the UN on follow-up. Otherwise, reprisals ‘work’ to dissuade engagement, and perpetrators are emboldened’, said Madeleine Sinclair, New York Office Co-Director and Legal Counsel.
The primary duty to prevent and remedy reprisals lies with States—who must do more to prevent, investigate and ensure accountability for reprisals. ‘States must use the opportunity of the interactive dialogue on the Secretary-General’s report in September, as well as Item 5 debates, to raise specific cases and hold their peers accountable’, said Sinclair.
The submission also highlights ISHR’s new study on new study, ‘Intimidation and its Impact on Engagement with the UN Human Rights System: Methodological challenges and opportunities’. Thestudy respondsto the challenge of severe intimidation leading to ‘self-censorship’ and proposes methodological approaches to strengthen the future capacity to measure and understand how intimidation tactics – both blunt and subtle – effectively inhibit human rights reporting and action, thus reinforcing impunity for States’ abuses. Among these is the dire need for better data. ‘As a starting point, the UN needs to harness its vast data collecting power to systematically track cooperation with its diverse human rights mechanisms so as to be able to track deterioration or improvements from year to year,’ said Sinclair. The study proposes that this, combined with data on human rights abuses, would enable the identification of countries where there is high abuse and low cooperation as well as those with high abuse and high cooperation. Best practice research can then extract lessons learned from countries with high levels of abuse and high levels of cooperation that may assist countries where intimidation has been more successful in sustaining inhibition.
Ending intimidation and reprisals against those who cooperate with the UN in the field of human rights, Submission to the UN Secretary-General on recent developments, cases and recommendations, May 2020.
Contact: Madeleine Sinclair, Co-Director of ISHR’s New York Office & Legal Counsel, [email protected].
Photo: FlickR / Looking4poetry
Today, UN member States elected members to the UN's top human rights body, the Human Rights Council, for the 2022-2024 term. 18 candidates ran for 18 seats, and all were elected, leaving civil society disappointed in a process that can hardly be called an election.
On 14 October 2021, the UK delivered a cross-regional statement on behalf of 80 countries, condemning intimidation and reprisals, and calling on States to prioritise and support the meaningful participation of civil society at the UN.
Futures thinking encourages us to identify small ‘signals of change’ which might help to identify and influence the futures that come to pass. At ISHR we’ve identified and, together with advocates and activists from around the world, helped contribute to a number of small but significant signals of positive human rights change in recent weeks.
ISHR together with 36 NGOs from around the world have called on member States of the UN General Assembly to sign on to a cross-regional joint statement on reprisals at the 76th session of the UNGA Third Committee.
During the interactive dialogue with the Assistant Secretary-General for Human Rights on the SG’s Reprisals Report, some States raised specific cases of reprisals, whilst others drew attention to the use of COVID-19 as a guise under which reprisals were committed and also raised the additional risks to human rights defenders online as a result of the pandemic.
Human rights organisations* urge the immediate and unconditional release of Egyptian human rights defender Mohamed El-Baqer, who completes today two years in arbitrary detention.
On 17 September 2021, the UN Secretary-General released his annual report on reprisals and intimidation against individuals and groups seeking to cooperate with the UN on human rights. Once again, the report identifies a high number of threats and attacks aimed at retaliating against defenders and discouraging cooperation with the UN.
On 7 September 2021, the International Service for Human Rights facilitated a multi-stakeholder dialogue with United Nations experts, the International Chamber of Commerce and the Inter-American Commission of Human Rights to discuss about Business, Human Rights and Human Rights Defenders.
This week in an online event, 10 candidate States publicly spoke to an audience of around 200 people on their pledges as incoming Human Rights Council members for 2022 – 2024. They also faced questions on pressing human rights issues from both States and civil society organisations.
At the 47th session of the Human Rights Council, ISHR along with the Informal Sector Service Center presented a joint statement in Nepal’s Universal Periodic Review expressing concern about the situation of human rights defenders in the country.
A new ISHR report maps China’s presence and influence in the UN economic and social affairs system, highlighting potential risks for civil society participation and the promotion and protection of human rights.