ISHR

The UN General Assembly’s human rights committee in New York – the Third Committee – today passed by consensus a resolution focusing on implementation of the Declaration on Human Rights defenders and some key elements of protection policy.

‘This is a great outcome and congratulations are due to Norway as the lead negotiator,’ said ISHR’s Eleanor Openshaw. ‘The resolution contains important new language on what effective protection policies should contain, as well as further acknowledges the nature of threats against defenders’. 

On human rights defender protection policy, the resolution states:

• the need for comprehensive risk analysis; 

• that protection mechanisms should provide an early warning function to enable human rights defenders immediate access to ‘competent and adequately resourced authorities to provide effective protective measures’; 

• the need for policies to ‘address causes of attacks against defenders and barriers against the defence of rights’, and

• the need for coordination across government and between national and local levels so as to implement a commitment to uphold the right to defend rights.

In addition, all States acknowledge:

• the ‘positive, important and legitimate’ the work of ‘environmental human rights defenders’ and the risks they are exposed to; 

• the need for the protection of communities [with a reference to ‘the protection of individuals and the communities in which they live’]; 

• the need for improved data on killings, kidnappings, enforced disappearances, arbitrary detentions, torture and other harmful acts against HRDs; 

• that campaigns against women defenders are carried out both online and offline, and

• that ‘cybercrime legislation’ can be misused to target human rights defenders or to hinder their work and endanger them. 

Whilst there was general acknowledgement of the key advances made in the resolution, the EU expressed concern that certain elements in the text were ‘problematic’, including references to morality and public order as the basis for possible limitations on the rights of defenders. 

‘There are a couple of paragraphs drawn from the Declaration on Human Rights Defenders that have a potentially limiting effect,’ agreed Openshaw. ‘We welcome the vision and persistence shown by the EU to try to move beyond these. This year, however, progress was made on other fronts.’

Disagreement with some other aspects of the text was also expressed by China, Russia and Vietnam, but these voices were very much in a minority.  In fact, the resolution attracted the highest number of co-sponsors yet for any UN human rights defenders resolution, with 85 States signing up.  This included several Latin American States, including those with existing protection laws and policies, which were very active during negotations. 

‘Ten States co-sponsored the resolution for the first time, including South Africa,’ said Openshaw. ‘This is a significant and welcome development and we hope to see further States step up and co-sponsor in future.'

Several changes were made to the text during adoption, so a final version is yet to be made available.  It will go for final and expected adoption by the UN General Assembly in mid- December.  

‘The resolution has been adopted but, of course, the real work starts now,' said Openshaw. 'This global agreement must lead to real change in the lives of human rights activists globally,’ said Openshaw. ‘States must start that work immediately.’

The following States joined Norway in co-sponsoring the resolution:  Afghanistan, Albania, Andorra, Argentina, Armenia, Australia, Austria, Belgium, Bolivia (Plurinational State of), Bosnia and Herzegovina, Brazil, Bulgaria, Cabo Verde, Canada, the Central African Republic, Chile, Colombia, Costa Rica, Côte d’Ivoire, Croatia, Cyprus, Czechia, the Democratic Republic of the Congo, Denmark, the Dominican Republic, Ecuador, El Salvador, Estonia, Finland, France, Germany, Georgia, Greece, Guatemala, Guinea, Haiti, Honduras, Hungary, Iceland, Ireland, Italy, Jordan, Latvia, Lebanon, Liberia, Liechtenstein, Lithuania, Luxembourg, Maldives, Mali, Malta,  the Marshall Islands, Mexico, Monaco, Mongolia, Montenegro, Morocco, the Netherlands, New Zealand, North Macedonia, Panama, Paraguay, Peru, Poland, Portugal, the Republic of Korea, Romania, San Marino, Sao Tome and Principe, Serbia, Seychelles, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Tunisia, Ukraine, the United Kingdom of Great Britain and Northern Ireland, the United States of America,  Uruguay and Vanuatu. 

Contact: Eleanor Openshaw [email protected]  929 4267679 

Photo: Oxfam Intl, Flick

The Third Committee brings together a wide array of Special Procedures mandate holders, including Special Rapporteur, independent experts, and chairs of working groups that are mandated by the Human Rights Council to discuss some of the most pressing human rights concerns and present findings and recommendations to the Third Committee. These findings should in turn play a role in shaping the focus of resolutions negotiated at this session.

Similar to the seventy-third session, this year’s Third Committee is expected to consider approximately 60 resolutions on a range of topics, including:

• the advancement of women
• the rights and protection of children
• the rights of refugees
• the elimination of racism
• self-determination
• and social development, amongst others. 

ISHR will be closely monitoring the work of the Third Committee as well as relevant developments in the plenary of the General Assembly and will report on key developments. Follow us on Twitter at @ISHRglobal using #UNGA74 for the latest updates. Formal meetings of the Third Committee can be watched live on the UN Web TV.

ISHR Events

• Ending impunity for violations against Human Rights Defenders - Impunity fuels attacks against human rights defenders.  In 2018 alone, 321 human rights defenders were assassinated, 49% of whom had previously received direct threats that had not been investigated. ISHR, together with Amnesty International and the Permanent Mission of Norway, will be hosting an event with the Special Rapporteur on Human Rights Defenders to discuss how to deal effectively with impunity.  The discussion will be held on 16 October at 1:15-2:30pm in Conference Room 11, UNHQ.  
• Book Launch - ISHR will also be hosting a launch of Hurst Hannum’s new book ‘Rescuing Human Rights: A Radically Moderate Approach’ on 18 October at 1:15-2:30pm. Please contact Marina Wilbraham at [email protected] if you are interested in attending. 

You can also catch ISHR at the following events: 

• Venezuela on the Brink: The urgency of an appropriate international response to the crisis, where Eleanor Openshaw will be discussing the implications of Venezuela being re-elected to the Human Rights Council. 2 October at 10am in the Church Center, 777 UN Plaza. 
• Breakfast reception to mark the launch of URG’s new yourHRC.org Guide to the 2019 Human Rights Council Elections, where Madeleine Sinclair will be discussing ISHR’s ‘scorecards’ for each of the States seeking election to the UN Human Rights Council for 2020- 2022. October 10 at 8:30 am in Conference Room 6, UNHQ. 

Overview of Key Resolutions  

Thematic resolutions

• Human Rights Defenders (Lead Sponsor: Norway) - This year Norway will present the biennial resolution on human rights defenders. One year after the twentieth anniversary of the UN Declaration on Human Rights Defenders, implementation of the Declaration unfortunately remains far from adequate in a number of States. ISHR therefore welcomes the resolution's continued focus on the Declaration's implementation and urges States to ensure that the resolution includes calls for concrete activities and mechanisms to monitor and facilitate the implementation of the Declaration and previous resolutions on human rights defenders.
• Terrorism and Human Rights (Lead Sponsors: Mexico and Egypt) - The Third Committee will consider a resolution relating to Terrorism and Human Rights. Previous resolutions on the topic have condemned terrorist acts as criminal and unjustifiable, and expressed concerns about their detrimental effects on the enjoyment of all human rights. The resolution is the result of the combination of two previously separate resolutions on the “Protection of human rights and fundamental freedoms while countering terrorism” and the “Effects of Terrorism on the Enjoyment of Human Rights” led by Mexico and Egypt, respectively. Civil society remains concerned that the combined resolution compromises language on State obligations to protect human rights by prioritising the impact of terrorism on human rights. ISHR hopes that language in the original resolution led by Mexico is not compromised and that this resolution upholds State responsibility and the rights of victims.
• Safety of Journalists (Lead Sponsors: Greece, Argentina, Austria, Costa Rica and France) - A resolution on the safety of journalists is expected to be advanced at this session. ISHR will be watching this negotiation closely and hopes the resolution will be used to expand, rather than restrict, space for civil society and strengthen protections for human rights defenders. 
• The Third Committee will once again consider a resolution on national human rights institutions (NHRIs). It appears no progress has been made since the last resolution adopted in 2017 called on ‘all relevant UN forums and meetings’ to provide for the engagement of ‘A’ status national human rights institutions

Country specific resolutions

Several country resolutions are expected again this session. For the 17th year, Canada will present a draft resolution on the Situation of human rights in the Islamic Republic of Iran spotlighting the continued dismal human rights situation and lack of progress over the last year. The European Union will again lead on a resolution on the Democratic People's Republic of Korea, similarly underlining the lack of human rights progress. Ukraine will again present a draft resolution condemning Russia's activities in Crimea. Resolutions on the human rights situation in Myanmar and Syria are also expected to be led by the Organisation of Islamic Cooperation and Saudi Arabia respectively. 

Other key issues  

ISHR remains concerned that China will again attempt to insert the seemingly harmless language of ‘win/win’ language in resolutions, which in fact focuses only on intergovernmental dialogue and cooperation, rather than actual human rights violations or accountability. This language risks shrinking space for civil society and roll back human rights norms across a number of resolutions.

Several resolutions are expected to become battle grounds regarding references to gender, and sexual and reproductive health and rights, including resolutions on the Improvement of the situation of women and girls in rural areas, Violence against women migrant workers, Rights of the Child, The girl child, The human rights to safe drinking water and sanitation, 

As the Third Committee takes place in the wake of the catastrophic event of Hurricane Dorian and the UN Climate Action Summit, we expect to see climate change addressed in a number of discussions, particularly relating to sustainable development, even if there is no resolution specific to the issue. ISHR supports the protection of all persons and communities suffering negative effects from the climate crisis and hopes the momentum from last week's summit will not be lost at this year's Third Committee session. 

Elections for the Human Rights Council are set to take place in mid-October as part of the General Assembly. ISHR is once again disappointed that this year a number of regions have presented closed slates. ISHR has published 'scorecards' for each of the States seeking membership. These provide a brief overview of their human rights records, cooperation with civil society, past roles in the Council, and past engagement with UN human rights mechanisms.

Overview of Reports and Dialogues with UN Experts: 

The UN Special Procedures - Special Rapporteurs, independent experts, and working groups - will report to the Third Committee and hold interactive 'dialogues' with member States. Several of this year's reports reflect concerns about increased attacks on human rights defenders and emphasise the critical importance of creating and maintaining space for civil society. Click here for a list and schedule of dialogues. 

• Report of the Special Rapporteur on the Situation of Human Rights Defenders – Combatting the currently widespread impunity for human rights violations that target human rights defenders is, according to Special Rapporteur Michel Forst's report (A/74/159), “an essential prerequisite to guarantee human rights and to advance towards equal societies that are free from fear and violence.” He outlines a regulatory framework on the right to access to justice, including due diligence in investigations and elaborates on the de facto and legal barriers to access to justice. He offers essential guidelines for ensuring due diligence in the investigation of such violations. Good practices implemented by States and civil society are also described. He will present his report and an interactive dialogue will be held on 15 October 2019 at 3pm. 
• Report of the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context - In the context of her report on the right to housing of indigenous peoples (A/74/183), Special Rapporteur Leilani Farha underlines the fact that indigenous peoples are disproportionately victims of extreme violence simply for defending their rights to land: approximately 40% of the environmental and land defenders assassinated in 2016 and 25% of those assassinated in 2017 were indigenous. The Special Rapporteur will present her report and hold an interactive dialogue on 18 October 2019 at 3pm. 
• Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran – At least 32 Iranians have been arrested as a result of viral social media campaigns against compulsory veiling laws, such as the #whitewednesdays and “Girls of Revolution Street.” Human rights lawyer and defender Nasrin Sotoudeh was sentenced to 148 lashes and 38 years in prison last March for defending some of these women. BBC Persian staff have suffered reprisals for engaging with UN human rights mechanisms. These are only some of the attacks on human rights defenders that Special Rapporteur Javaid Rehman flags in his report (A/74/188), which calls on Iran to stop violating the rights of human rights defenders through intimidation, harassment, arbitrary arrest, deprivation of liberty, among other arbitrary sanctions. The Special Rapporteur will present and discuss his report on 23 October 2019 at 10am. 
• Report of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity – In his report (A/74/181), Independent Expert Victor Madrigal-Borloz exposes the ways in which socio-cultural norms and discriminatory laws continue to marginalise and exclude LGBT persons. In order to become fully inclusive of LGBT individuals, he stresses that States cannot overlook the “vital role” of partnerships with civil society. He cites a number of partnerships in the fight against HIV/AIDS as particularly strong examples of this. Independent Expert Madrigal-Borloz will present his report and hold an interactive dialogue on 24 October 2019 at 10am.
• Report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism – How can States truly integrate human rights into the global fight against terrorism that is increasingly shaped by elusive norms of ‘soft law’? According to Special Rapporteur Fionnuala Ní Aoláin’s report (A/74/335), one of the keys is for States to engage with and create space for civil society, non-governmental organisations, and human rights defenders to participate in the shaping of these counter-terrorism norms. Her report maps out how civil society access to these processes can be transformed from “ad hoc and inconsistent” to consistent and meaningful, ensuring that soft-law counter-terrorism norms are not at odds with human rights. The Special Rapporteur’s report will be presented and discussed on 16 October 2019 at 10am. 
• Report of the Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment – Special Rapporteur David R. Boyd clarifies the obligations of States and businesses under a human-rights based approach to climate change in his report (A/74/161). These obligations include providing strong protections for environmental and environmental defenders who work on issues relating to climate change. In addition, the report examines how UN human rights mechanisms can be empowered to better address climate change. The Special Rapporteur will present his report and an interactive dialogue will be held on 24 October 2019 at 3pm.  
• Interim report of the Special Rapporteur on the right to food – Special Rapporteur Hilal Elver’s report (A/74/164) stresses just how interrelated the Sustainable Development Goals and human rights are. If States are to enable the universal enjoyment of the right to food and successfully use the Sustainable Development Goals as a tool to realise this right, populations that are traditionally left behind must be engaged in the policy process. Similarly, Special Rapporteur Elver concludes that “creating safe spaces for media actors, journalists and human rights defenders to investigate and report on progress” are some of the keys to holding States accountable for the implementation of the 2030 Agenda for Sustainable Development. She will present her report and hold an interactive dialogue on 24 October 2019 at 3pm.
• Report of the Special Rapporteur on Freedom of Religion or Belief – Special Rapporteur Ahmed Shaheed expresses alarm in his report (A/74/358) about the rise of anti-Semitism around the world and the ways in which the underreporting of these hate crimes and lack of mechanisms to monitor them enable anti-Semitic hate crimes. The report finds that a lack of Jewish civil society engagement with UN human rights monitors only exacerbates this issue and calls on States to work more closely with Jewish communities and organisations to create mechanisms that fill this void. Special Rapporteur Shaheed ends his report with the recommendation that the Office of the UN Secretary-General appoint a senior-level focal point specifically responsible for monitoring and engaging with Jewish communities on this issue. He will present his report and hold an interactive dialogue on 17 October 2019 at 3pm.
• Report of the Special Rapporteur on violence against women, its causes and consequences – In her report (A/74/137), Special Rapporteur Dubravka Šimonović stresses the need to address mistreatment and violence against women in reproductive health services from a human rights perspective. The report therefore calls for the creation of human rights-based accountability mechanisms and greater State collaboration with civil society organisations to address violence and mistreatment in reproductive and obstetric care. The Special Rapporteur will present her report and hold an interactive dialogue with the Third Committee on 4 October 2019 at 10am. 
• Report of the Special Rapporteur in the field of cultural rights –Special Rapporteur Karima Bennoune urges States, in her report (A/7/255), to protect and promote cultural rights in public spaces through policies that “give clear priority to messages that promote human rights and inclusion and find ways to respond to and challenge anti-rights or exclusionary agendas.” How can States do this? The Special Rapporteur cites the display of rainbow flags on public buildings and allowing socially-engaged artists to promote human rights as two simple examples of the many ways in which public spaces can be made inclusive and can foster civic mobilisation. The Special Rapporteur will present her report and an interactive dialogue will be held on 22 October 2019 at 10am.

Photos: ISHR

Lire cet article en français.

On 17 July 2019, also the World Day for International Justice, the Burundian Court of Appeal of Ntahangwa deliberated on the case of the human rights defender Germain Rukuki, confirming his sentence delivered on first instance. The deliberation took place in a public hearing without Germain and his defence being notified. On 22 July, six days after the decision was issued, they were finally informed. 

Arrested at home two years ago on 13 July 2017 and detained since then, on 26 April 2018 Germain Rukuki was sentenced to 32 years in prison by the Ntahangwa High Court  on charges of “rebellion”, “breach of State security”, “participation in an insurrectional movement” and "attack on the Head of State". He appealed this sentence on 29 May 2018. In addition to the many other procedural irregularities that have affected the case, the appeal decision was eventually delivered more than 6 months after the legal deadline.

“It is with great disappointment that I learn of this very unfair and sad decision. The Court of Appeal did not consider my case with all the attention and caution it deserved, but instead decided to simply confirm the verdict of the trial court”, declares Germain Rukuki today. “This judicial conviction is nothing more than a political decision”. 

Despite the attention of the international community and the recognition of Germain’s commitment to human rights, the decision of the court to impose a harsh verdict on Germain Rukuki remains notable miscarriage of justice and the result of the unlawful criminalisation Germain has experienced since he was arrested because of his past activities as a human rights defender with the organisation ACAT-Burundi. His prosecution exposes the way in which he and other human rights defenders in Burundi are harassed and targeted through the criminal justice system simply for exercising their right to defend human rights. This is also an emblematic example of the continuous political determination of Burundian authorities to silence human rights defenders, or any source of dissidence, in Burundi.

“Germain's place is not in prison. He must be released, close to his family and friends. The legitimacy of his work in achieving social justice and protecting human rights must be recognised”, Germain’s relatives and friends share today.  

We, the undersigned non-governmental organisations, strongly condemn Germain’s unlawful conviction and call on Burundian authorities to:

• Comply with international human rights standards, notably the right to a fair trial, to reverse and remedy this wrongful conviction by releasing Germain without further delay
• Recognise the legitimacy of human rights work and stop criminalising human rights defenders in Burundi 

The support of the international community, the diplomatic representations in Burundi, the African Union and the African Commission on Human and Peoples’ Rights, as well as the African regional leaders in particular, remains crucial at this stage. 

We therefore urge the international community to:

• Advocate for the release of Germain Rukuki
• Communicate their support and solidarity with Germain Rukuki and his family 
• Publicly condemn the policies of harassment, as well as arbitrary arrest and detention of human rights defenders in Burundi.

For media inquiries, please contact [email protected]// +32 (0)2 609 44 09.  

Signatories: 

1. AfricanDefenders
2. Amnesty International
3. Association Européenne pour la défense des Droits de l’Homme (AEDH)
4. Association Burundaise pour la Protection des Droits Humains et des Personnes Détenue (APRODH)
5. Association des Journalistes Burundais en Exil (AJBE)
6. Coalition burundaise des Défenseur·e·s de Droit Humains
7. Coalition Burundaise pour la Cour Pénale Internationale (CB CPI)
8. Collectif des Avocats pour la défensedes Victimes de Crimes de droit International commis au Burundi(CAVIB)
9. Coalition de la Société Civile pour le Monitoring Electoral (COSOME)
10. DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
11. Consortium of Ethiopian Human Rights Organizations (CEHRO)
12. Fédération internationale des ACAT (FIACAT) and the following ACAT (Action des chrétiens pour l’abolition de la torture):
13. ACAT Burundi
14. ACAT Bénin
15. ACAT Congo (BZV)
16. ACAT USA
17. ACAT Suisse
18. ACAT Allemagne
19. ACAT République centrafricaine
20. ACAT Belgique
21. ACAT Espagne
22. ACAT Luxembourg
23. ACAT Madagascar
24. ACAT Liberia
25. ACAT Canada
26. ACAT RDC
27. ACAT Ghana
28. ACAT France
29. ACAT Italie
30. Fédération Internationale pour les Droits humains (FIDH), within the framework of the Observatory for the Protection of Human Rights Defenders
31. Forum Pour le Renforcement de la Societe Civile (FORSC)
32. Front Line Defenders
33. International Service for Human Rights (ISHR)
34. Ligue Burundaise des Droits de l'Homme Iteka
35. Mouvement des femmes et filles pour la paix et la securite au Burundi (MFFPS)
36. Mouvement Citoyen pour l'Avenir du Burundi (MCA Burundi)
37. Observatoire de Lutte contre la Corruption et les Malversations Economiques (OLUCOME)
38. Organisation mondiale contre la torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders
39. Protection International
40. Organisation pour la Transparence et la Gouvernance (OTRAG Burundi)
41. Réseau des Citoyens Probes (RCP)
42. SOS-Torture/Burundi
43. Southern Africa Human Rights Defenders Network (SAHRDN)
44. Union Burundaise des Journalistes

Timeline of events in the case of Burundian human rights defender Germain Rukuki

2019

• 17 July: the Court of Appeal of Ntahangwa deliberates on the case, confirming his sentence delivered on first instance. The deliberation takes place in a public hearing without Germain and his defence team being informed, something that was only done 6 days after on 22 July. 

• 31 May: A quick hearing takes place at the Court of Appeal where the judges confirm some new competent judges, as well as the new deadline for the appeal decision (28 June). The lost file seems to have finally been found, without further details about its disappearance and recovery.

• 27 March: The spokesperson for the Burundi Supreme Court tells local media that Germain’s judicial file has been misplaced during the restructuring of the Appeals Court of Bujumbura. The loss of the file comes in addition to other numerous procedural irregularities that had affected the case.

2018

• 26 November: The appeal hearing takes place before the Bujumbura Court of Appeal. A 30 day window is given for the appeal decision to be delivered. It is not.

• 5 July: Human Rights Subcommittee (DROI) of the European parliament calls for the immediate release of Germain during an urgency resolution on the human rights situation in Burundi.

• 26 June: He applies for bail under medical and humanitarian grounds. To date no response has been given.

• 18 June: Germain is transferred back to Ngozi prison although he remains in critical condition.

• 11 June: Germain undergoes a surgical operation in Ngozi hospital after he fractures his ankle in prison.

• 29 May: Germain appeals his conviction.

• 16 May: Chair of the Human Rights Subcommittee (DROI) of the European parliament Pier Antonio Panzeri calls on authorities to release Germain. 

• 8 May: High Representative Mogherini issues a statement on behalf of the EU specifically mentioning the case of Germain Rukuki against the background of the wider human rights concerns in the country.

• 26 April: Germain is sentenced to 32 years in prison by the Ntahangwa High Court for “rebellion”, “threatening state security”, “attacking the authority of the state” and “participation in an insurrectionist movement”. Germain is acquitted on charges of “assassination” and “destruction of public and private buildings”. Neither Germain nor his lawyers are present when the verdict is read out in court. 

• 3 April: Second hearing takes place before the Ntahangwa High Court. The prosecution fails to present concrete and convincing evidence at both trials.

• 13 February: First hearing takes place before the Ntahangwa High Court. Three additional charges of “assassination”, “destruction of public and private buildings” and “participation in an insurrectionist movement” are added. 

2017 

• 25 August: UN experts call for release of Burundi human rights defender Germain Rukuki. 

• 21 August: The Court confirms his pre-trial detention.

• 1 August: He is charged with ‘breaching the internal security of the State’ and ‘rebellion’ by the Court of First Instance of Ntahangwa in Burundi, on the grounds of his work with NGO ACAT-Burundi.

• 26 July: Germain is transferred to the Ngozi prison.

• 13 July: Germain Rukuki is arrested at home and brought to the National Intelligence Service (Service National de Renseignement - SNR) facilities. He is detained and interrogated without a lawyer present. 

Photo credit: Google/Protection International