06.11.2018
CONTENTS
INTRODUCTION
Geneva International Centre for Justice (GICJ) delivered 20 joint oral statements with International Organization for the Elimination of All Forms of Racial Discrimination (EAFORD) and International-Lawyers.Org (INTLawyers) during the 39th Regular Session of the United Nations Human Rights Council. GICJ covered several thematic issues and specific country situations under various Agenda Items of the Human Rights Council, which included recommendations to the Council, member states, and other relevant bodies and stakeholders.
Agenda Items
• Item 2: Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General.
• Item 3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development.
• Item 4: Human rights situations that require the Council’s attention.
• Item 5: Human rights bodies and mechanisms.
• Item 6: Universal periodic review.
• Item 7: Human rights situation in Palestine and other occupied Arab territories.
• Item 8: Follow-up to and implementation of the Vienna Declaration and Programme of Action.
• Item 9: Racism, racial discrimination, xenophobia and related forms of intolerance, follow-up to and implementation of the Durban Declaration and Programme of Action.
• Item 10: Technical assistance and capacity-building.
THEMATIC ISSUES
Annual Report of the High Commissioner
GICJ commented on several issues that were mentioned in the newly appointed High Commissioner’s Report under General Debate Item 2. These included the rights of women and children; civil, political, and economic rights; climate change; and racial discrimination.
General Debate
Item 2: Annual report of the United Nations High Commissioner for Human Rights and reports of the
Office of the High Commissioner and the Secretary-General
11 September 2018
Delivered by: Mr. Christopher Gawronski
Mr. President,
International-Lawyers.org welcomes the new High Commissioner for Human Rights Dr. Michelle Bachelet and her opening statement.
We especially welcome the High Commissioner’s focus on the rights of women and children to health care and to development. We note that these rights, together with other social and economic rights have been increasingly marginalized by the Council. We hope that the High Commissioner, as a former head of State, will be able to encourage the Council’s Member States to provide equal attention and resources to the protection of both civil and political as well as economic and social rights. Indeed, the right to development brings both these groups of human rights together requiring States to cooperate for, and to ensure within their own borders, equity and equality in the exploitation and use of the resources of this planet.
We also note the references to climate change and human rights. To date there has been a notable lack of dedicated climate change expertise in the Office of the High Commissioner. We continue to advocate for a dedicated Human Rights Council mandate on climate change and human rights, for which a conditio sina qua non is the establishment of greater expert capacity in the OHCHR.
Finally, we hope that the High Commissioner will also prioritize non-discrimination, and the dissemination and implementation of the Durban Declaration and Programme of Action against racism and other insidious forms of discrimination. Action on this global agenda has not only been slow, but sometimes has been sacrificed for other priorities appearing to have been decided not by the Member States. The UN itself must be the flag bearer of human rights and the priorities that the international community has acknowledged in legally-binding treaties and other aspirational pronouncements. Your record as not only a head of State, but perhaps more importantly as human rights defender, is evidence that you can ensure this result.
Civil Society Space
GICJ jointly with EAFORD addressed the United Nations budget cuts and the shrinking civil society space at the UN under General Debate Item 5. Also, noting that over the years there has been much concern that civil society space at the UN Human Rights Council has continued to diminish due to a number of factors and actions taken, jointly delivered a statement under General Debate Item 8.
General Debate
Item 5: Human rights bodies and mechanisms
21 September 2018
Delivered by: Mr. Mutua K. Kobia
Mr. President,
Earlier this year, a major decision was taken by UN member states to heavily cut the budget of the UN. EAFORD and Geneva International Centre for Justice would like to express our deep concern with this decision as it adversely affects the functioning of the Human Rights Council, its human rights bodies and mechanisms, and in turn humanitarian and climate disasters, and the most vulnerable who deserve this Council’s attention.
It is deeply worrying that this decision was taken after it was well acknowledging that the total workload of this Council more than doubled and is likely to increase considering the current and projected state of human rights situations across the globe. Such budget cuts, with reduced allocated time equate to less efficiency, less data, and a reduction of expertise.
Mr. President, how are we expected to promote and protect human rights with a reduced budget and increased work load?
We are also very much concerned that these cuts will reduce civil society space in the Human Rights Council by way of indirect factors that may not be realised until it is too late.
On this issue, we note that while this Council’s President has continuously warned against acts of intimidation, personal attacks, and other behaviour of that nature, we regrettably inform that most recently there have been such incidents by members of this Council against representatives of non-governmental organisations. It is also with deep regret to note that there appears to be a selective attitude in addressing reprisals against NGOs.
In conclusion, we reiterate the words of Danish lawyer Morten Kjaerum, “The civil society organisations are the eyes, the ears and the voice for protecting and promoting human rights. The importance of NGOs can therefore not be overstated.”
Thank you.
General Debate
Item 8: Follow-up to and implementation of the Vienna Declaration and Programme of Action
25 September 2018
Delivered by: Ms. Chiraz Khemakhem
Mr. President,
In the VDPA, under section C on “Cooperation, development and strengthening of human rights”, paragraph 67 gives special emphasis towards strengthening of a pluralistic civil society. However, we note the shrinking civil society space at Human Rights Council and the United Nations as a whole. For instance, non-governmental organizations at the Human Rights Council used to have an unlimited number of invitations for interested persons outside the UN to attend a side-event, however, this number was limited to fifteen persons in the previous sessions, and worse still has been further limited to only five persons as from this session.
Furthermore, the process of accreditation is not convenient enough for people with limited internet access or computer skills, which is time consuming, and will be further discouraged from attending the Council for only a couple of hours.
These actions will ultimately limit civil society’s desire to physically participate, contribute their expertise and best practices and inform their lived experiences to this Council about the grave and serious human rights situations that are discussed by this Human Rights Council and does not encourage anyone from outside the UN to attend the sessions and informal meetings and moreover, does not strengthen civil society space at the Human Rights Council.
Mr. President, EAFORD and Geneva International Centre for Justice call upon this Council to put more emphasize on VDPA aspects so that civil societies and non-governmental organization work in reporting and preventing human rights violations are better implemented.
Contemporary Forms of Slavery
Under Agenda Item 3 an Interactive Dialogue with the Special Rapporteur on Contemporary Forms of Slavery was held. During this Interactive Dialogue, GICJ jointly with INTLawyers addressed the links between the dire situation of domestic migrant workers and private employment agencies.
Interactive Dialogue with Special Rapporteur on Contemporary Forms of Slavery
Item 3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development
10 September 2018
Delivered by: Mr. Christopher Gawronski
Mr. President,
We welcome the report of the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, which focuses on migrant domestic workers and strongly addresses women migrants.
It is with deep regret that we note that domestic migrant workers, and especially women domestic workers in slavery-like conditions, face further restrictions and lose certain freedoms as a direct result of experiencing discriminatory practices and human rights abuses such as sexual violence.
Mr. President,
Private employment agencies, only briefly mentioned in the report, play a major role with regards to human rights abuses of domestic workers, a role which could and should be reversed towards protecting human rights of domestic workers. The larger business community both domestic and international has a significant role to play in discouraging bad actors and promoting human rights of migrant domestic workers.
In addition to implementing protection measures, as has been previously mentioned it is as crucial to address the root causes of push factors that compel millions to seek domestic work, such as extreme poverty and lack of opportunities especially for women and girls in countries of origin.
To this end, International-Lawyers.Org and Geneva International Centre for Justice ask the Special Rapporteur whether bi-lateral agreements regarding migrant workers, such as the one between Saudi Arabia and the Philippines in 2013, are effective? If so, how can member states be encouraged to sign similar bilateral agreements concerning foreign domestic workers?
In conclusion, we recommend member states to do the following:
• First, implement a strategy focused on enhancing human rights training of local and national authorities qualifying them to create more responsive reporting channels to file human rights complaints and to provide access to justice for migrant domestic workers regardless of their migration status;
• Second, ensure, with the help of NGOs and CSOs, that information concerning access to justice and remedies for foreign domestic workers is translated into appropriate languages; and
• Finally, implement an adequate special prosecution unit for all perpetrators of human rights abuses against domestic workers.
Thank you.
[Response by Special Rapporteur Ms. Urmila Bhoola.]
Peasants
Food sovereignty and legal obligations were addressed in regard to the Rights of Peasants. Certain aspects within the Declaration on the Rights of Peasants were also mentioned under the General Debate including the Inter-Governmental Working Group of Peasants of Item 5.
General Debate on Intergovernmental Working Group on Rights of Peasants
Item 5: Human rights bodies and mechanisms
21 September 2018
Delivered by: Mr. Christopher Gawronski
Mr. President,
We welcome the progress being made on the Declaration on the Rights of Peasants and other people working in rural areas. We note the important role declarations play in the development of international law. The Human Rights Council itself may not have existed without the adoption of aspirational texts by the General Assembly in 1948 and the World Conference on Human Rights in 1993 calling for the development of international human rights law.
We very much welcome the experts’ suggestion, supported by numerous States, of including food sovereignty and the term “Mother Earth” in the Declaration. The importance of having a voice in shaping one’s own food supply and agricultural system is critical in many ways, especially for those in rural areas who play the most critical role in our food production. We regret the views of States that seek to dilute existing legal obligations by changing them into non-obligatory language in the Declaration. This Declaration must not distract from existing legal obligations but must build on them to address the vulnerabilities, and support the human rights, of peasants and other people working in rural areas.
Mr. President,
International-Lawyers.Org and Geneva International Centre for Justice hope the Working Group will adopt the strong and well-motivated positions endorsed by the experts in constructing a Declaration that is an important step in ensuring the rights of peasants and other people working in rural areas.
Privacy in the Digital Age
The Right to Privacy in the Digital Age is a rising issue that was addressed by the new High Commissioner. In light of this GICJ, EAFORD, and Homo Digitalis addressed the topic of protection under General Debate Item 2.
General Debate
Item 2: Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General
11 September 2018
Delivered by: Mr. Konstantinos Kakavoulis
Mr. President,
We would like to thank the High Commissioner for her oral update and her overall efforts throughout all these years for the protection of human rights in a constantly changing world.
We wish her all the best in his future endeavours.
EAFORD, Geneva International Centre for Justice and Homo Digitalis would like to focus particularly in the High Commissioner’s Report on the Right to Privacy in the Digital Age.
The Internet reforms our society as a whole, but also the human existence in itself, by creating a new, digital representation of ourselves; a digital personality, which is not necessarily identical to our real personality, but enjoys the same freedoms and rights.
To this end, the High Commissioner’s Report is more acute than ever.
We wish to underline that ensuring the protection of individuals against unlawful or arbitrary interference from surveillance measures requires that effective national legal frameworks are in place.
However, in many jurisdictions, national legislation is non-existent, ambiguous or outdated.
Even under the EU General Data Protection Regulation, a milestone in the protection of the right to privacy in the digital age, governments still have ample scope to claim that national security justifies attacks on privacy.
We urge all States, civil society and stakeholders to work towards giving individuals knowledge and tools necessary to look after themselves; this might prove to be the most effective response to an uneven –and sometimes contradictory legal landscape.
We should always remember that the only non-legal instrument that is powerful enough to provoke change is human conscience.
Racism and Racial Discrimination
GICJ jointly with INTLawyers addressed the divisive nature racism and xenophobia has on communities and societies especially when stirred up by the leaders of countries under General Debate Item 9. Under the same Agenda Item, GICJ and EAFORD also addressed racism and racial discrimination in a historical context and noted how political parties and persons in positions of power use hatred to instil fear for their own objectives.
General Debate
Item 9: Racism, racial discrimination, xenophobia and related forms of intolerance, follow-up to and implementation of the Durban Declaration and Programme of Action
25 September 2018
Delivered by: Mr. Christopher Gawronski
Mr. Vice President,
We welcome the continued presence of the issue of racism and discrimination as an item on the agenda of the Human Rights Council. The international attention given to this issue resulted in the welcome development of the Durban Declaration and Programme of Action.
Unfortunately, after significant international progress, the prevalence of overt racism is on the rise around the world. The flames of racism and xenophobia are being fanned by leaders in countries and cultures across the globe, using the unprecedented ability of modern communications to rapidly spread messages of hate. A trend toward closing borders and blaming migrants and racial minorities for crimes and other social ills seems to be accelerating. Urgent action is needed.
Racism and discrimination, especially when enshrined in law, ultimately only serve to divide communities, and societies, and humanity against itself. No one wins when we create a concept of “others” that makes “them” less than human. The creative potential of our human family is enriched by our diversity – and attitudes and actions that seek to discourage or destroy that diversity threaten the very core of what makes us human.
Mr. Vice President,
International-Lawyers.Org and Geneva International Centre for Justice request all members of this Council to adopt the DDPA, and more importantly to implement the DDPA. We now have a global society. Only by actively working against parochial, racist attitudes can we hope to have a positive future on this planet we all share.
Thank you.
General Debate
Item 9: Racism, racial discrimination, xenophobia and related forms of intolerance, follow-up to and implementation of the Durban Declaration and Programme of Action
25 September 2018
Delivered by: Mr. Mutua K. Kobia
Mr. President,
We are deeply concerned that while racism, racial discrimination, xenophobia, and related forms of intolerance continues to be alive and on the rise in nearly all regions of the globe the issue remains taboo or is not taken seriously enough. Moreover, it has led to the creation of discriminatory laws and are often the root causes of social and economic inequalities, and violent conflicts that have devastated the lives of individuals and communities. In a historical context, some of the worst and most unimaginable atrocities and crimes against humanity such as torture, slavery, ethnic cleansing, and even genocide are attributed to the evil of racism.
Today, political parties and persons in positions of power continue to spread disinformation, misinformation, inaccurate portrayals of migrants and people with different ethnic backgrounds, information based on false accounts, and hate speech with the intended result of instilling fear of vulnerable groups and minorities among their populations. This form of manipulation allows them to win and govern a country based on fear and hatred and with the strong possibility of enacting discriminatory and racist laws.
Mr. President,
All this considered, why does it not appear to be a serious subject with a high priority in the UN?
To this end, EAFORD and Geneva International Centre for Justice, urge all member states to:
• Seriously address the issue of global racism, its root causes and implications;
• Enhance disaggregated data collection on race-related crimes;
• And finally, we strongly recommend states to support, adopt and fully implement the Durban Declaration and Programme of Action.
Water and Sanitation
Interactive Dialogue with the Special Rapporteur on Safe Drinking Water and Sanitation
Item:3 Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development Delivered
10 September 2018
Delivered by: Mr. Mutua K. Kobia
Thank you, Mr. President,
We thank the Special Rapporteur on the human right to safe drinking water and sanitation for his report which focuses on forcibly displaced persons and also addresses emergency situations, challenges and obstacles, and building resilience. Too often, the human right to safe drinking water is forgotten during and after emergency situations, which then leads to sanitation-related diseases, malnutrition, and other ailments that raise the death toll and increases health risks among populations. In this regard, the human rights to water and sanitation can provide guidance to prevent such dangers.
While welcoming the new High Commissioner for Human Rights, Ms. Michelle Bachelet, we thank her for acknowledging the situation in Iraq in her opening statement. In Basra, recent demonstrations resulted from the deteriorating availability and quality of water due to the ongoing emergency situation in Iraq and also governmental corruption. This concern brings attention to the aftermath of the invasion, occupation, and military campaigns in Iraq, which destroyed water purifying systems and other infrastructure, and the situation has worsened by cutting flows of water from neighbouring countries. This has left a large proportion of the Iraqi population without access to safe drinking water and sanitation.
Mr. President,
It is explicitly mentioned in the Special Rapporteur’s Report that “lack of clear allocation of responsibilities and lack of leadership by states are often identified as obstacle.” The lack of leadership within Iraq, often resulting from corruption, demonstrates the need to seriously address the issue of corruption in order to satisfy the human rights obligation to provide safe drinking water and sanitation in emergency situations.
To this end, EAFORD and Geneva International Centre for Justice call on this Council to devote efforts towards the human right to water in Iraq. We thank the Special Rapporteur for his work and strongly recommend and appreciate a focus on the situation in Iraq in his next mandate.
COUNTRIES
Democratic Republic of Congo (DRC)
GICJ and EAFORD jointly raised security concerns leading up to, during, and after the DRC December 2018 elections during an Interactive Dialogue on human rights in DRC under Agenda Item 10.
Enhanced Interactive Dialogue on the OHCHR Report on the Democratic Republic of Congo
Item 10: Technical assistance and capacity-building
25 September 2018
Delivered by: Mr. Mutua K. Kobia
Mr. President,
We welcome the annual report by the Office of the High Commissioner for Human Rights on the human rights situation and the activities of the UN Joint Human Rights Office in the Democratic Republic of Congo. In particular, we acknowledge the developments highlighted in the report concerning the December 2018 elections.
We also note that the violence perpetrated in the DRC is often a direct response to political clashes and government repression. In actuality, political elections and the process by which former presidents have taken power have always been undemocratic and preceded and followed by violence and other human rights violations. For example, threats and illegal detention of opposition leaders and activists, incidents of trafficking, and other serious human rights violations. These actions severely hinder any chance of fair, democratic, and transparent elections and further limits civil society space. Furthermore, they only add to DRC’s humanitarian situation which has become one of the most expensive and long-lasting humanitarian crises.
It is for the benefit of the DRC population and for the international community to remedy this situation also considering that more than eight countries are involved in DRC’s politics and the formation of several armed forces has further hindered the possibility of a democratic, unified and independent state.
Mr. President,
Regarding technical assistance and capacity-building, EAFORD and Geneva International Centre for Justice recommend human rights training for security officials and especially that of riot police for the protection of peaceful assembly and association leading up to, during, and after the 2018 December elections. Additionally, all necessary assistance for all those charged with overseeing the December 2018 elections must be ensured and election funds must be monitored.
Iraq
The humanitarian crisis and numerous human rights violations in Iraq as a result of the illegal war was brought to attention under General Debate Item 3, especially the dire situation in Iraqi prisons and detention centres. Additionally, under General Debate Item 4 GICJ and INTLawyers emphasized that this Council’s silence on human rights violations aside those committed by ISIS in Iraq has exacerbated the situation; furthermore, the education and health systems are demolished. To make matters worse the country’s wealth is being illegally transferred elsewhere. Also, under the General Debate of Item 4 GICJ and EAFORD brought to this Council’s attention the deprivation of basic civil, political, economic, and social rights toward the Iraqi people by the Iraq government; freedom of expression and association in Iraq was also addressed.
General Debate
Item 3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development
17 September 2018
Delivered by: Christopher Gawronski
Mr. President,
International-Lawyers.Org and Geneva International Centre for Justice wish to alert the Council to the human rights situation in Iraq. Fifteen years after being the site and victim of an illegal war,
there have been no genuine discussions of Iraq in this Human Rights Council.
Iraq is now host to massive, grave and systematic human rights violations so numerous and varied that they cover the full mandate of this Council. From violations of civil and political rights, for example, the killing of protesters and control of the press, to economic, social and cultural rights, such as lack of clean water, sanitation, adequate food, education, health care and medicine – the list is unfortunately long indeed.
In particular, we want to stress the abhorrent situation of detention and prisons in Iraq. Yearly, governmental forces and militias in Iraq arbitrarily arrest and detain innocent civilians, and torture and kill many of those in detention and prison. Right now, hundreds of thousands are arbitrarily detained or imprisoned across the country. As a result, the prisons are severely overcrowded. The most urgent situation is the Al Hout prison in Al Nasirya. This prison hosts a number of former high-ranking government officials, many of whom are now advancing in age. They are regularly subjected to such ill treatment that several have died in custody. They are denied visits from family members and the ability to receive needed medicines.
Due to the dire nature of the situation in Iraq, we strongly urge this Council to take quick action. We realize that politics may be a strong deterrent to action by the Council, but it is incumbent upon the international community to address a situation that was initially created by foreign intervention.
Thank you.
General Debate
Item 4: Human rights situations that require the Council’s attention
18 September 2018
Delivered by: Ms. Chiraz Khemakhem
Mr. President,
EAFORD and Geneva International Centre for Justice would first like to draw the council’s attention to the human rights situation in Iraq. The Iraqi population are deprived from all basic civil, political, economic and social rights.
The most recent issue is what has been mentioned by the High Commissioner in her opening statement, namely, the situation in Basra where demonstrators took the street in protest over water shortages and water pollution. The response of the government has been particularly violent as they used intimidation tactics including direct police shootings of protestors. This complete disregard for freedom of expression and association resulted in the death and/or injury of more than 300 persons, as well as, the arrest of hundreds of protestors.
Another appalling issue is the wide use of the death penalty by the government. With one of the highest number of executions, Iraq holds today the third position in the world in terms of capital punishment cases. Those who are sentenced are mostly political opponents, civil society activists, and innocent people. The Iraqi government is abusing a broad anti-terrorism law to arbitrarily arrest, detain and justify its continuous and growing number of executions.
The situation of prisoners in detention centers also needs to be addressed here. Thousands of innocent Iraqis have been arbitrarily arrested to be later put in prisons or in secret detention centers without any fair trial proceedings.
Mr. President, the Iraqi people are appealing to this Council to put an end to their sufferings.
Thank you.
General Debate
Item 4: Human rights situations that require the Council’s attention
18 September 2018
Delivered by: Mr. Naji Haraj (Executive Director of GICJ)
[Joint statement by International-Lawyers.org and GICJ]
Mr. President,
Since the Council is currently discussing human rights issues that require the attention of the Council, the situation in Iraq, where grave human violations continue, requires serious and comprehensive discussion.
In the past, specific cases of human rights abuses have been briefly discussed, including ISIS atrocities, while other violations have been left behind. The silence of this Council, Mr. President, has exacerbated the situation, contributing to the current total failure of the state to provide basic services to the citizens.
As a result, we call your attention to arbitrary arrests, mass executions, and torture in prisons for thousands of detainees who were arrested under a terrorism pretext in the absence of an independent judiciary. The education system in Iraq has collapsed, the health system has been destroyed, and electricity is almost non-existent in most parts of the country. The situation is now such that the Iraqi citizen is reduced to protesting for a single drop of safe drinking water, although Iraq is one of the richest countries in the region.
Mr. President,
The United Nations and many States in this Hall are directly responsible for the slow deaths of thousands of Iraqis. The people of Iraq are deprived of all basic rights because the country's wealth is illegally transferred to several countries that are here with us. It is necessary to take actions to freeze all these assets. They belong to the people of Iraq and not to the gangs that are taking them away. Impunity must be ended; all violators must be brought to international justice.
Mr. President, these are the demands of millions of citizens of Iraq that I most sincerely convey to you.
Palestine
During the Interactive Dialogue with the Commission of Inquiry on Occupied Palestinian Territory (OPT) GICJ and INTLawyers underlined the responsibilities of an Occupying Power under international law in regard to the protection of human rights and noted that despite these principles in place, Israel, the Occupying Power, continues to violate the most basic of rights. As a result, victims and the oppressed attempt to raise their concerns in protest but are also denied this freedom. Under General Debate Item 7, GICJ and EAFORD brought to the Council’s attention the recent demolition of the village Khan al Ahmar. In the past 70 years the UN has passed numerous resolutions regarding Palestinian rights in the Occupied Arab Territories yet illegal settlements and other violations by the Occupying Power persist. Under the same agenda item GICJ and INTLawyers also highlighted other violations of basic human rights against Palestinians by the Occupying Power, Israel, and noted that these actions are clear breaches of international laws that further exacerbates other violations.
Interactive Dialogue on Commission of Inquiry on Occupied Palestinian Territory
Item 7: Human rights situation in Palestine and other occupied Arab territories
24 September 2018
Delivered by: Christopher Gawronski
Mr. President,
We welcome the update of the Commission on Inquiry and note with pleasure the Commission’s statement that accountability for human rights abuses is critical. Unfortunately, we continue to observe the severe position taken by Israel toward the rights of Palestinian civilians, and the actions taken by Israel as a result of its occupation of Palestinian territory.
International law establishes a number of clear responsibilities for an occupying power following an armed conflict. Israel’s half-century of occupation, has resulted in repeated violations of the Palestinian population’s rights, including rights to work, health, adequate standard of living and freedom of movement. With such consistent and recurring violations resulting in the deteriorated living standards and conditions of Palestinians, it is no surprise that people subjected to such conditions protest. As has been noted by others, the protest and related events that are the subject of your mandate have occurred within a larger context, including that of the ongoing occupation.
Mr. President,
International-Lawyers.Org and Geneva International Centre for Justice would like to request the Commission to particularly examine the links between the March protest and the ongoing occupation and isolation of Palestinian territory. We believe that any inquiry into specific events of this sort cannot produce results if they are not properly situated within the larger situation. We request all states to provide any necessary assistance to the Commission in the conduct of its important work.
Thank you.
General Debate
Item 7: Human rights situation in Palestine and other occupied Arab territories
24 September 2018
Delivered by: Ms. Chiraz Khemakhem
Mr. President,
Palestinians have paid an incredibly heavy price due to Israel’s ongoing occupation and racist policies instilled against them only because they are Palestinians.
Despite all resolutions taken by the UN bodies over the 70 past years regarding the Palestinians rights; Israel continues to expand its illegal settlements and besieges Gaza Strip and deals with Palestinians living under its jurisdiction as third-class citizens.
A particular attention should be given to the recent intent of demolition of the village Khan al Ahmar that will result in the forced relocation of its 188 citizens, half of them being children. These violations are considered to be war crimes under international law. The Palestinian lands are already fragmented and by destroying small Palestinian areas like this village, the northern West Bank will be cut off from its southern part.
The Israeli demolitions policy have already started in other villages like Al Walaja. This will further the illegal expansion of Israeli over the detriment of Palestinian people.
Mr. President,
EAFORD and Geneva International Centre for Justice call on this Council to put an end to all these violations, we call upon concerned bodies to put an end to the Israeli occupation to Palestine.
Thank you.
General Debate
Item 7: Human rights situation in Palestine and other occupied Arab territories
24 September 2018
Delivered by: Christopher Gawronski
Mr. President,
The humanitarian situation of the Palestinian territory continues to deteriorate and fails to receive necessary action by the international community. We support all efforts to address the humanitarian situation and encourage all states to dedicate resources to improve the daily situation of Palestinians. However, we believe that there can be no resolution to the Israeli-Palestinian conflict without an end to the occupation of Palestinian territory by Israel.
During its half-century of belligerent occupation, Israel has repeatedly violated clear rules of international law through its illegal settlements, wall-building, and forced relocations of the population. The rights of the Palestinian population to work, health, adequate standard of living and freedom of movement have been violated as a result.
In addition, the gradual and insidious taking of land, including private land, from Palestinians, in clear violation of international law, exacerbates the other violations by diminishing the resources of Palestinian communities and squeezing the population onto an ever-shrinking amount of land. The International Court of Justice, in its advisory opinion on the wall constructed by Israel, opined that all states are under an obligation not to recognize or assist in the illegal situation resulting from construction of the wall.
Mr. President,
International-Lawyers.Org and Geneva International Centre for Justice believe that by ending the occupation, a peaceful solution may be possible. As we have done consistently, we call for an end to the belligerent occupation of Palestinian territory and request all states to apply their efforts toward this end.
South Sudan
During the Interactive Dialogue with the Commission of human rights in South Sudan, GICJ and EAFORD acknowledged major developments in South Sudan. They also raised the issue of attacks against aid workers and the issue of child soldiers as a result of the violent crisis and brought to attention the matter of statelessness in South Sudan.
Interactive Dialogue with the Commission of Human Rights in South Sudan
Item 4: Human rights situations that require the Council’s attention
17 September 2018
Delivered by: Mr. Mutua K. Kobia
Mr. President,
EAFORD and Geneva International Centre for Justice acknowledge the recent developments in South Sudan but remain concerned over persisting serious human rights issues. For the third straight year, South Sudan tops the global list of violence against humanitarian operations making it the most dangerous country for aid workers. The “Aid Worker Security Report, 2018” recorded major attacks against aid workers where South Sudan accounted for almost one third of the 158 major violent incidents against aid workers that included killings by gunfire and aid worker kidnappings.
While we also acknowledge the release of over 900 child soldiers, including girls, in 2018 alone from the ranks of Armed Groups in South Sudan, and with additional releases expected, the numerous documented and reported incidents unveil horrible violent attacks that killed and maimed hundreds of children and cases of sexual violence against girls. Such incidents must be adequately addressed where perpetrators are held to account and victims receive due justice.
Concerning statelessness, administrative challenges and continuous poverty have created additional problems thus increasing risk of statelessness that can lead to loss of access to basic human rights and services such as education and other political, economic, and social deprivations and payment of higher taxes.
Regrettably, South Sudan is currently not party to the 1954 Convention Relating to the Status of Stateless Persons nor the 1961 Convention on the Reduction of Statelessness, and additionally, the 2011 Nationality Act does not address or determine statelessness procedures in South Sudan.
To the Commission on human rights in South Sudan we would like to ask, how is the Commission addressing the various challenges of statelessness in South Sudan and what steps are being taken to ensure the safety of aid workers and the safe reintegration of child soldiers into society?
Yemen
Toward ending the civil war, realizing peace efforts, and for the full promotion and protection of human rights in Yemen, GICJ and EAFORD stressed the importance of addressing the root causes of the Yemeni Civil War during the General Debate under Agenda Item 3. With regard to technical assistance and capacity-building during the General Debate under Agenda Item 10, GICJ and INTLawyers called on all parties to the conflict to facilitate the entry and distribution of necessary aid and to support the legitimate government of Yemen in order to end the conflict. Under the same General Debate Item GICJ jointly with EAFORD also called for technical assistance and capacity-building toward implementation of the UN Security Council resolutions on Yemen and ending diplomatic and military support of the backers of the Houthi militia, which would facilitate peace talks and ending the violent conflict.
General Debate
Item 3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development
14 September 2018
Delivered by: Mr. Mutua K. Kobia
Mr. President,
For the full promotion and protection of human rights amidst conflict situations it is without a doubt that root causes must be sufficiently addressed and tackled.
In the 2018 annual report of the Special Rapporteur on the right to development, A/HRC/39/51, under ‘Identifying those left behind’ the SR correctly notes that a crucial inquiry is to identify, acknowledge, and address the root causes of inequality and discrimination. However, this has not been the case in numerous serious human rights crisis situations where root causes, including that of inequalities and various discrimination, have not been adequately addressed. The crisis in Yemen is an example of this occurrence.
While we commend the efforts of the UN and the international community for supporting peace efforts in Yemen they have, unfortunately only resulted in short-term solutions. The issue of power transfer since 2011 and control of northern Yemen by the Houthis deserves more attention and investigation in relation to the current conflict.
The danger of not addressing root causes is the inevitable possibility of repeated, similar, and/or related crimes; furthermore, perpetrators are further given the chance to escape justice and enjoy opportunity and worse yet many more innocent civilians will suffer atrocities that could have been avoided.
EAFORD and Geneva International Centre for Justice recommend and strongly urge this Human Rights Council to call on its relevant special procedures and stakeholders, and the Security Council to push for dialogue that identifies, acknowledges, and addresses the root causes of the Yemeni conflict.
Thank you.
General Debate
Item 10: Technical assistance and capacity-building
27 September 2018
Delivered by: Mr. Mutua K. Kobia
Mr. President,
Millions of people in Yemen are victims of atrocities such as arbitrary deprivation of liberty, torture, unlawful detention and killing, enforced disappearances, blockades, intimidation, etc. As the Security Council established resolutions for peace in Yemen, the UN must address this conflict effectively by investigating and recognizing the main root causes of the actual situation and by encouraging and supporting the National Dialogue. The international community must also take actions against all parties that are supporting the Houthis with the supply of arms and weapons.
To this end, capacity-building must be strengthened with regard to fully implementing the UN Security Council resolutions, which clearly lay out solutions toward ending the conflict and starting a political process. This would indeed help in ending the war and the long-standing humanitarian crisis.
Mr, President,
EAFORD and Geneva International Centre for Justice urge this Council to provide the Yemeni government with the necessary technical assistance and capacity-building toward facilitating peace talks and ending diplomatic and military support of the backers of the Houthi militia.
Thank you.
General Debate
Item 10: Technical assistance and capacity-building
27 September 2018
Delivered by: Mr. Christopher Miller
Mr. President,
As was repeatedly mentioned yesterday, Yemen is facing an unprecedented humanitarian crisis, and is in desperate need of technical and humanitarian assistance from the international community. We call on all parties to the conflict to facilitate the entry and distribution of food, medicines, and other humanitarian assistance to the millions of Yemeni civilians in desperate need.
However, the humanitarian crisis will not end solely by providing aid to civilians. The UN and international community must work to end the conflict that has given rise to the crisis by providing any necessary technical assistance requested by the Yemeni government.
We remind this Council of the resolutions of the Security Council, which have demanded an end to the fighting and outlawed the arming of the Houthis and other destabilizing militia groups. All states need to support the legitimate government of Yemen in its efforts to craft a peaceful, political resolution and build the capacity of its national institutions.
Mr. President,
International-Lawyers.Org and Geneva International Centre for Justice applaud the continuing peace-making efforts of the UN Special Envoy for Yemen, and we urge the High Commissioner for Human Rights and other UN agencies to coordinate their activities and avoid sending mixed messages. An unfortunate example of this is the report of the Group of Experts, which the Houthi militia interpreted as providing justification for its cause and encouraged it to refuse to participate in the recent Geneva peace talks.
The UN must have a consistent approach that is aligned with Security Council resolutions and supportive of the Special Envoy’s peace efforts – because ending the conflict is the only lasting solution for Yemeni civilians.
Thank you.
GICJ's Participation at the 39th Regular Session of the UN Human Rights Council:
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GICJ's Participation at the Human Rights Council:
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