News

26 Nov

This December, ISHR will raise money to provide invaluable skills and resources to courageous activists from around the world so they can share their hopes and agenda for a better world.

27 Nov

The expertise, insights and efforts of women human rights defenders are key to achieving a sustainable and effective response to conflict, says ISHR in a new report providing recommendations to the UN Security Council on how best to ensure such input is sought, heard and acted upon. 

26 Nov

Three exceptional women are the finalists for the 2020 Martin Ennals Award, a demonstration of the leading position now occupied by women in the defence of human rights. The 2020 Martin Ennals Award for Human Rights Defenders will be presented to one of them on 19 February during a ceremony hosted by the City of Geneva which, as part of its commitment to human rights, has for many years supported the Award.

28 Nov

En République du Congo, protéger les droits humains peut s’avérer être un réel défi. La société civile travaille dans un environnement où règnent les menaces, l’auto-censure et la peur des représailles. Un cadre juridique spécifique protégeant les défenseur.es serait une première étape importante vers la garantie d’un environnement de travail plus sûr.

28 Oct

In a statement delivered on 28 October before the African Commission on Human and Peoples’ Rights (ACHPR), while expressing serious concerns about the threats, intimidation and reprisals against defenders engaging with regional human rights mechanisms, ISHR commended the ACHPR Special Rapporteur on human rights defenders for the publication of his new policy and information note on reprisals and call for contributions to his first report on the matter.

GA73 | First ever High Level Event on Human Rights Defenders

27.12.2018

At the first UN General Assembly High Level Event on human rights defenders, speakers from the UN Secretary General through to the Special Rapporteur on the Human Rights Defenders addressed the plenary. For the first time a civil society speaker addressed the GA at high level event -  an important precedent – but no civil society interventions were permitted from the floor.  Such restrictions – a point of contention amongst States during the organisation of the event – point, once again, to the powerful pushback against human rights defenders globally.

‘We were very disappointed that at an event to recognize the vital role of defenders, their contribution was so limited,’ said ISHR’s Madeleine Sinclair. ‘We are grateful to those States that pointed out the paradox and fought for greater participation before and during the event itself’. 

The voice of civil society was represented at the event by human rights lawyer and ISHR Board member, Alice Mogwe, who brought to the plenary the Action Plan prepared at the recent Human Rights Defenders World Summit in Paris. 

‘I am proud to be a human rights defender.  I am proud of the efforts made by my colleagues, every single day, in communities across the globe,’ she said. ‘Human rights defenders work to make the world a fairer, more just, and more peaceful place.’

UN figureheads and officials spoke positively about the role of defenders and of concern about attacks against them.  The Secretary General spoke of ‘a growth of intolerance and shrinking space for civil society’. The High Commissioner on Human Rights noted that defenders lend ‘their voices to groups that otherwise are not heard’ thereby making ‘their societies more inclusive.’

‘If we do not protect those who are caring for our rights, injustice will come knocking at our door,’ said the President of the General Assembly, 

State representatives also spoke about the essential work of defenders. Tunisia noted that ‘human rights defenders are primary partners with States in upholding rights’, and were instrumental in defining policies and programmes for ‘building democracy and achieving inclusive and sustainable development’ - 'a multi-stakeholder' project.   

Others highlighted the ways States must step up to ensure defenders' work is promoted and protected. 

‘As member States we all have to question our roles and approaches. Attacks against human rights defenders are attacks against everyone’s rights,’ said Canada.    

Norway noted, ‘only weak leaders fear being corrected.’ 

Several speakers noted the numbers of deaths of human rights defenders. In 2017, 312 Human Rights Defenders in 27 countries were killed for their peaceful work. They were mostly engaged in defending land, environmental and indigenous peoples’ rights – often within the context of mega projects and extractive industries.

‘States spoke of the vital importance of the work of defenders, and yet the fact is that attacks against them escalate,’ said ISHR’s Eleanor Openshaw. 

‘UN resolutions and expert reports have long indicated the importance of unequivocal statements recognizing the importance of the work of defenders and the right to defend rights.  It is welcome these are made at the General Assembly, but they also  need to be made on a regular basis at every level of State as a means to promote the work of defenders and fight impunity in case of threat and attack,’ she added. 

In regard to approaches on how to better promote and protect human rights defenders,  the EU spoke of the need for ‘global partnerships’ to address the ‘tremendous pressure’ civil society faces in many countries and ‘even here at the UN’. 

Former Special Representative of the Secretary General, Hina Jilani, noted that defenders continued to face difficulties gaining access to UN personnel at country level and ‘a disturbing lack of response to human rights concerns that they encountered’ which needed to be addressed. 

Michel Forst, Special Rapporteur on human rights defenders proposed that human rights defenders should be a focus integrated into all UN strategies.  'Why not draw up UN guidelines on the protection of human rights defenders, like the EU guidelines?’ he asked. 

The high level event was called for in the 2017 General Assembly resolution on human rights defenders, the first to focus  on the implementation of obligations regarding defenders. 

'The high level event has shown how much more needs to be done to encourage people to defend rights and protect those who do,' said Openshaw. 'The GA must redouble its efforts to that end.' 

Contact: Madeleine Sinclair: m.sinclair@ishr.ch;  Eleanor Openshaw: e.openshaw@ishr.ch 

Photo: ISHR 

 

Special Rapporteur documents a global war against human rights defenders

26.12.2018

 

IThe UN Special Rapporteur on Human Rights Defenders, Michel Forst, has just launched what could be the most far-reaching global and country-level analysis of the situation for human rights defenders in over a decade.  With a focus on legal and administrative protections – or the absence of them – and State policy and practice, the World Report examines the situation for defenders in 140 countries and provides States with recommendations on how to better implement the 1998 UN Declaration on Human Rights Defenders.

Forst concludes that across the globe, States are not only failing to implement the Declaration but actually go out of their way to frustrate its ambitions.  By restricting and attacking defenders, the States are wrecking their own chances of dealing with major global challenges, such as ensuring sustainable development, dealing with migration and climate change.

‘The Special Rapporteur makes the point that human rights defenders are essential partners to States. They should not be seen as the enemy,’ said ISHR’s Madeleine Sinclair.

In the decade since the 2006 Global Survey of Special Representative on Human Rights Defenders to the UN Secretary General, Hina Jilani, Forst notes that there have been positive advances.   The 2017 decree implementing a law on the protection of defenders in Cote d’Ivoire, for example, is said to have produced ‘a positive impact on several countries in the region where engagement from civil society or government institutions has resulted in similar legislation in other countries of the region.’ 

The development of laws and policies to support defenders, and the use of legal and administrative frameworks to both protect and persecute defenders are two of the major findings in the report.  The third attempts to revile and target human rights defenders, including through State sanctioned campaigned. Forst notes that even where States officials are not actively targeting defenders, they often fail to challenge criticism defenders advanced by powerful social, policial and economic interests.

The situation for defenders in many locations is bleak.  

‘The World Report documents the much discussed closing of civic space and suggests that it has become, in too many locations, a war on human rights defenders,' noted Forst.  

The findings draw from human rights reports of civil society organisations and individual defenders, as well as input from States and national human rights organisations.  

The Special Rapporteur was speaking to the report conclusions at the High Level Event on human rights defenders held at the UN General Assembly on 18th December 2018.  

Contact: Madeleine Sinclair m.sinclair@ishr.ch;  Eleanor Openshaw e.openshaw@ishr.ch

Photo: UN Geneva, Flickr

IACHR | Settlement in case of murder of Honduran Environmental Defender Carlos Escaleras

26.12.2018

On 20 November 2018, the Inter-American Court on Human Rights (‘the Court’) approved the settlement in the case Escaleras Mejía et al. v. Honduras. The case concerned the 1997 killing of Carlos Escaleras, a mayoral candidate who was a proponent of the movement fighting for the environment. Escaleras had also led protests against government decisions that would have impacted the environment negatively. Before his death, Escaleras was threatened, pressured and offered bribes to withdraw his candidacy.

The Court found the State responsible for Escaleras’ death as well as for ongoing impunity in regard to the crime (despite the conviction of two people in relation to the case). The Court found that the State had not exhausted all methods of investigation and that the investigation itself was unreasonably delayed.  In addition, the Court places the death of Escaleras in a context of violence experienced by environmental defenders in the country, which continues to this day.

‘The Escaleras settlement and ruling are a positive step forward for human rights defenders everywhere,’ said Michel Forst, UN Special Rapporteur on the situation on Human Rights Defenders. ‘The Court took the context in which defenders work into account and issued a ruling addressing many of the pressing issues for defenders, including physical attacks and stigmatisation.’ 

Forst had filed an amicus brief to the Court. His amicus brief reiterated the standards contained in the UN Declaration on Human Rights Defenders. In addition, the amicus brief cited his reports related to the situation of human rights defenders.

The Honduran government recognised its role in Escaleras’ death and related human rights violations and agreed to take the following steps, amongst others:

  1. To disseminate a documentary about the life and work of Carlos Escaleras as a human rights defender
  2. To continue providing a course on environmental issues to secondary school teachers;
  3. To guarantee the secondary and university education of Escaleras’ children 
  4. To pursue investigations to define responsibilities, clarify the facts completely and, where appropriate, judge and punish the material and intellectual responsible. Honduras must remove the obstacles that maintain impunity, allow the participation of the victims and provide them with a report on the progress of the investigations
  5. To approve and implement a protocol of due diligence for the investigation of crimes committed against human rights defenders and provide update on steps taken for the implementation of the protocol and its compliance status

‘This settlement is welcome in requiring the State to take steps in regard to challenging impunity in this particular case and more generally, as well as taking measures to promote the work of defenders,’ said ISHR’s Helen Nolan.

‘Disappointingly, however, in the settlement the Court still characterises the right to defend human rights as a set of rights the State must uphold, rather than a stand-alone right. We'd like to see the Court to acknowledge the right to defend human rights as a stand-alone right, as a means to deepen the guarantees for defenders,’ she noted. 

Contact: 

Helen Nolan,  h.nolan@ishr.ch 

Photo credit:  Eli NW

GA 73 | Key voting updates to human rights resolutions

18.12.2018

On 17 December, the General Assembly plenary took place to vote on human rights resolutions previously passed by the Third Committee. To see ISHR’s prior coverage of these resolutions, see the Third Committee Wrap Up piece here.

The freedom of peaceful assembly and association resolution passed with much stronger support. Eleven States joined in favour of the resolution - more than in the previous vote, bringing the total number to 154 in favour, 0 against, and 35 abstentions. New supporters included South Sudan, Djibouti, Mauritania and Eritrea

‘It is very encouraging for us that more States joined in supporting the rights to freedom of peaceful assembly and association, rights vital for the work of defenders,’ Eleanor Openshaw, ISHR’s New York Office Co-Director, stated.

The resolution on extrajudicial, summary or arbitrary executions also gained support. The resolution gained 15 States voting in favour, bringing the number of votes to 125 in favour, 0 against, and 60 abstentions.

However, despite the support, Sudan took the floor to make a statement on its vote of abstention. Basing its decision on the language regarding the protections based on sexual orientation and identity, Sudan stated that in no other resolution is there language on gender relating to killings. 

‘It’s unfortunate that States won’t support these protections,’ lamented Tess McEvoy, ISHR Legal Counsel and Programme Manager. ‘While the resolution passed with more support, there is still more work to be done in this regard,’ she added. 

Other resolutions passed, such as the Human Rights Council Report resolution with a vote of 121 in favour, 4 against and 60 abstentions.

As for the child, early and forced marriage resolution, the resolution itself passed without a vote, but it also experienced some trouble. A vote was requested by the United States for the deletion of preambular paragraph 23 and operative paragraphs 14, 17 and 18. 

The United States cited its concern with the definition of ‘sexual and reproductive health,’ stating that it does not recognise abortion as a method of family planning. 

The paragraphs were overwhelmingly supported with 134 votes in favour, 2 against and 32 abstentions. As a result of the vote, the United States disassociated itself from these paragraphs. 

There were no votes on the bullying and the rights of the child resolution. 

The resolutions on Myanmar and Stevastopol were not voted on, as they are still being considered by the 5th Committee, which handles monetary budget issues regarding resolutions.

 

Contact: Eleanor Openshaw at e.openshaw@ishr.ch

Photo Credit: IIP Photo Archive.

Campaign Management Advert

Business | Major companies say human rights defenders and civic freedoms are essential for profitable business

10.12.2018

From the murder of Jamal Khashoggi to politically-motivated charges against Cambodian trade unionists, attacks on human rights defenders and civic freedoms across the world increasingly worry the business community.

The statement is the first of its kind, with supporters ranging across the mining, apparel, banking, jewellery and footwear sectors, and stresses that when human rights defenders are under attack, so is sustainable and profitable business.

On the 70th anniversary of the Universal Declaration on Human Rights, the statement sends a clear message that the current wave of attacks is unacceptable for leading companies and investors.

Unilever, adidas, Primark, ABN AMRO, Anglo American, Leber Jeweler, Domini and the Investors Alliance on Human Rights are among the supporters.

These business and investors “affirm the crucial role of human rights defenders and [their] firm commitment to the protection of civic freedoms” and recognise the responsibility of businesses and investors to respect human rights defenders. Supporters of the statement commit “to find effective ways business can positively contribute to situations where civic freedoms and human rights defenders are under threat”.

As Paul Polman, CEO of Unilever & chair of The B Team, said: “Given the increasing vulnerability of human rights defenders and shrinking space where they can operate safely, business has a role and a responsibility to defend and promote fundamental rights and freedoms.”

We stand firmly behind these principles, which are aligned with our own published approach to safeguarding human rights defenders and our longstanding belief in free, fair and open societies, where freedom of expression and assembly is the norm, not the exception”, said William Anderson, vice president social and environmental affairs Asia Pacific at the Adidas Group, the first company in the world to issue a stand-alone policy on human rights defenders.

''ABN AMRO is very happy to receive positive signals from clients after sharing our support for this statement. Many of our clients - especially NGOs - experience restrictions on their civic freedoms as well as access to financial services. This problem can only be effectively addressed in collaboration between governments, civil society and business”, said Maria Anne van Dijk, global head of environmental, social and ethical risk and policy at ABN AMRO.

Nearly six in ten countries are seriously restricting people’s fundamental freedoms of association, peaceful assembly and expression, while only 3% of people on the planet live in countries with truly ‘open civic space’, according to research by CIVICUS.

The work of civil society and human rights defenders to protect fundamental freedoms continues to be undermined by governments and actors in the private sector through a range of tactics, including threats and physical attacks, judicial harassment, burdensome administrative requirements, and limitations on the receipt of funding, among others.

Today’s statement stresses the crucial role of human rights defenders in identifying risks or problems in business activities, encouraging due diligence and in the provision of remedy.

Phil Bloomer, Executive Director of the Business & Human Rights Resource Centre (BHRRC), said: "Hats off to these ground-breaking companies and investors. In a context of worsening attacks on civic freedoms worldwide, this international group of companies speaks up to protect civic freedoms, human rights defenders, and rule of law. This is vital to workers and communities and wider society. It is also crucial to stable, profitable, and sustainable business. Other responsible businesses and investors should follow rapidly. There is no time to lose.”

Michael Ineichen, Programme Director of the International Service for Human Rights, said: “Human rights defenders work to ensure that every person has access to quality education, a decent job, secure housing, a healthy environment and a doctor when we’re sick. By standing alongside human rights defenders, leading companies protect this critical contribution to a more positive future.”

A recent report from The B Team found clear evidence that limits on important civic freedoms are linked to negative economic outcomes. Countries with higher degrees of respect for civic rights experience higher economic growth rates as well as higher levels of human development.

These ideas are further explored in a recent guidance document released by BHRRC and the International Service for Human Rights. It sets out the normative, business, and moral cases for action, and proposes a decision framework to guide companies on how to support civic freedoms and defenders.

Contact: Michael Ineichen, Programme Director, m.ineichen@ishr.ch, +41 78 827 77 86 

BIznet statement

LGBTI l New report highlights challenges faced by LGBTI defenders deprived of liberty

04.12.2018

ISHR welcomes the new monitoring guide published by The Association for the Prevention of Torture (APT): ‘Towards The Effective Protection Of LGBTI Persons Deprived of Their Liberty: A Monitoring Guide’ It is designed for any institution or organisation that carries out visits and inspections to places of deprivation of liberty, such as prisons, police custody and immigration detention facilities.  

‘ISHR is happy to have contributed to the development of this important tool, which highlights the situation of human rights defenders working to protect the rights of LGBTI persons,’ says Pooja Patel of ISHR.

This guide intends to strengthen the capacities of detention monitoring bodies – including National Preventive Mechanisms (NPMs), National Human Rights Institutions (NHRIs), international and regional bodies, and civil society organisations – to identify and address risk factors contributing to torture and other ill-treatment of LGBTI persons deprived of liberty. It raises awareness of specific risks of abuse and discrimination these individuals face.

Specific risks for LGBTI defenders

The guide makes references to the Yogyakarta Principles and the Yogyakarta Principles plus 10 throughout the text, and underlines the aggravated forms of violence and discrimination faced by human rights defenders working on issues related to sexual orientation and gender identity. It discusses LGBTI defenders in three particular contexts:

  • the impact of criminalisation of LGBT persons,
  • discriminatory profiling and violence during arrest or apprehension, and
  • the role of law enforcement during public demonstrations involving LGBTI persons.

ISHR’s Helen Nolan explains that the guide emphasises the fact that threats and risks faced by LGBTI defenders are exacerbated in countries that criminalise same-sex relations and non-conforming gender identities or expression, as defenders may face harassment, prosecution and imprisonment only because of their work and activism.

‘Human rights defenders who are LGBTI themselves are doubly exposed, as they are not only targeted because of their work, but also because of who they are,’ says Nolan.

The new guide stresses that LGBTI individuals are at greater risk of being arbitrarily arrested, harassed, extorted, and subjected to excessive use of force by police, than the general population. Risks are further magnified for LGBTI human rights defenders.

Patel also highlights the guide’s discussion of the role and duties of law enforcement during public demonstrations involving LGBTI persons.

‘We are pleased to see that the guide underlines the duty of law enforcement officers to take appropriate measures to ensure the protection of persons participating in LGBTI demonstrations, such as pride events,’ says Patel.  

Read the full report here.

Pages

Opinion:

By Armel Niyongere, a human rights lawyer and renowned civil society leader from Burundi. Armel contributed to a number of reviews of Burundi by the treaty bodies.

Treaty bodies showed their ability to take the right measures in situations of crisis like in Burundi. A coordination with the high-level bodies of the United Nations, such as the Security Council or the Human Rights Council, is necessary for similar situations.

This article was first published on OpenGlobalRights on 27 November 2019.

Browse our articles:

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Mechanism

 
 
1984

ISHR commences work to develop an international Declaration on the Rights of Human Rights Defenders

1988

ISHR publishes first Human Rights Monitor, connecting human rights defenders on the ground with international human rights systems and developments

1993

ISHR facilitates global civil society engagement with the Second World Conference on Human Rights, which leads to the strengthening of women’s rights, the affirmation of universal rights, the adoption of the Vienna Declaration and Programme of Action and the establishment of the Office of the UN High Commissioner for Human Rights

1994

ISHR provides training, technical assistance and support to its 1000th human rights defender

1998

After 14 years of ISHR lobbying, advocacy and negotiation, the UN General Assembly adopts the landmark Declaration on Human Rights Defenders

2000

UN Secretary-General appoints Hina Jilani as inaugural UN Special Representative on Human Rights Defenders, strengthening protection of human rights advocates at risk worldwide.

2004

ISHR leads a successful campaign for the appointment of a Special Rapporteur on Human Rights Defenders by the African Commission on Human and Peoples’ Rights

2005

ISHR co-founds and supports a range of international and regional human rights coalitions, including the Women Human Rights Defenders International Coalition, the East and Horn of Africa Human Rights Defenders Project and the West African Human Rights Defenders Network

2006

ISHR contributes to the establishment and institution building of a new global peak body for human rights issues, the UN Human Rights Council

2007

ISHR leads and coordinates the development of the Yogyakarta Principles on sexual orientation and gender identity, strengthening legal recognition and protection of LGBT rights worldwide

2011

ISHR’s sustained advocacy on the issue of reprisals and intimidation faced by human rights defenders leads to adoption of landmark UN Human Rights Council resolution condemning and strengthening protections against reprisals

2012

Working with key NGO partners such as Amnesty International, ISHR leads civil society efforts to strengthen UN human rights treaty bodies, prevent their weakening and better connect their work with victims and human rights defenders on the ground

2013

Working with supportive states and NGOs, ISHR advocacy leads to adoption of historic Human Rights Council resolution calling on all States to review and amend national laws to respect and protect the work of human rights defenders