HRC53: The struggle to protect human rights amidst economic turmoil: Nicaragua, Iran, and Sri Lanka in Focus
The 53rd Session of the Human Rights Council
19th June – 14th July 2023
Item 2 – Presentation of report on the Islamic Republic of Iran and oral updates on Sri Lanka and on Nicaragua
21st June 2023
By Loïc Gasser / GICJ
Executive Summary
During the 6th meeting of the 53rd Regular Session of the Human Rights Council, convened on the 21st of June 2023, the Council deliberated the prevailing human rights situations in the Islamic Republic of Iran, Sri Lanka, and Nicaragua.
The Deputy High Commissioner Nada Al-Nashif first presented the Secretary-General's Report on the Human Rights Situation in the Islamic Republic of Iran (A/HRC/53/23), emphasising the limited progress made in implementing General Assembly resolution 77/228. The report highlighted the urgent need to address deteriorating conditions, including socio-economic challenges, discrimination, restricted civic space, excessive use of force, arbitrary detentions, and the importance of implementing recommended measures to improve the human rights situation.
Second, the High Commissioner provided oral updates on human rights in Nicaragua, underscoring concerns regarding the restriction of civic space, erosion of the rule of law, and arbitrary deprivation. Additionally, the oral update on Sri Lanka focused on promoting reconciliation, accountability, and human rights in the country.
Background
Situation of human rights in the Islamic Republic of Iran - Report of the Secretary-General A/HRC/53/23
During the reporting period between 1st August 2022 and 15th April 2023, the human rights situation in the Islamic Republic of Iran notably deteriorated. Nationwide protests ensued after the death of 22-year-old Jina Mahsa Amini on 16th September 2022, while in police custody, highlighting entrenched grievances related to institutionalised discrimination against women, girls, and minorities. The situation was further compounded by worsening socio-economic conditions, sanctions, and the lasting effects of the COVID-19 pandemic.
Protests spread to all 31 provinces and exposed the use of excessive force by security forces, leading to a substantial rise in arbitrary detentions of protestors, activists, human rights defenders, and lawyers. Existing domestic justice and accountability mechanisms proved ineffective, perpetuating a sense of impunity, particularly for women and minorities who faced continued discrimination and economic marginalisation.
To address the escalating human rights crisis, the Human Rights Council organised a special session on 24th November 2022, focusing on Iran's human rights issues, with a specific emphasis on women and children. In response, the Council adopted resolution S-35/1, establishing an independent international fact-finding mission.
Oral Update on Nicaragua
The social and economic instability caused by the relentless repression and the human rights crisis which has engulfed Nicaragua since 2018, has forced thousands of people to leave the country. Moreover, Nicaragua is grappling with a severe human rights crisis marked by extensive violations potentially amounting to crimes against humanity. The government stands accused of politically motivated abuses, encompassing extrajudicial executions, arbitrary detentions, torture, and the deprivation of nationality for individuals. These violations are indicative of a deliberate strategy aimed at dismantling democratic institutions and stifling civic space.
On 3rd April 2023, in the final week of the 52nd session of the Human Rights Council, Member States approved the two-year renewal and thematic strengthening of a dedicated investigative mechanism for Nicaragua, established by a Council resolution in March 2022. This action highlights the international community's deep concern and commitment to addressing the human rights situation in Nicaragua.
Oral Update on Sri Lanka
In its resolution A/HRC/25/1 adopted in March 2014, the Human Rights Council requested the High Commissioner to conduct a comprehensive investigation into alleged human rights violations in Sri Lanka. The recently expanded investigation, known as the OHCHR Investigation on Sri Lanka (OISL), aimed to establish the means to achieve accountability and avoid impunity for serious violations and crimes during the internal armed conflict. Despite this effort and the measures taken by the State of Sri Lanka, the government's crackdown on dissent intensified during protests in 2022 over the economic situation, with law enforcement agencies using unlawful force and targeting certain groups under broad powers granted through counterterrorism legislation. Serious human rights concerns remained unaddressed by the government, underscoring the country's pressing need for further steps to achieve accountability and ensure respect for human rights.
Presentation of the Secretary-General’s Report on the Situation of Human Rights in the Islamic Republic of Iran
Ms. Nada Al-Nashif, the United Nations Deputy High Commissioner for Human Rights, presented the report and expressed serious concern about Iran's deteriorating human rights landscape. She highlighted the country's human rights situation and noted that over the past year, Iran had engaged with the Office of the High Commissioner for Human Rights and United Nations human rights mechanisms, but substantive engagement on the State's obligations under international law remained limited. The implementation of recommendations from international human rights mechanisms was also lacking.
Ms. Al-Nashif pointed out that Iran's overall human rights situation had markedly deteriorated, exacerbated by continuously worsening socio-economic conditions, sanctions, and the lingering impact of the COVID-19 pandemic.
The report focused on developments since the onset of nationwide protests following the death of 22-year-old Jina Mahsa Amini on the 16th of September 2022 in police custody. These protests brought to the fore long-standing underlying grievances, including discrimination against women, girls, and minorities in law and practice. She noted that civic and democratic space continued to be restricted in the country, and security forces had used disproportionate force against protestors, leading to concerns of unlawful killings.
The Deputy High Commissioner highlighted the significant increase in arbitrary detention of protestors, activists, human rights defenders, and lawyers during the reporting period. Thousands of individuals, including children, were arrested for supporting or participating in the protests. Reports of torture, ill-treatment, sexual and gender-based violence, and dire prison conditions were also of concern.
Regarding digital space, Iran had intensified online censorship and restricted access to social media and messaging platforms since September 2022. The state's policy on mandatory veiling had become more stringent, with harsher penalties imposed, and the use of face-recognition technology to track and punish unveiled women or those questioning compulsory veiling.
The report expressed serious concern about the high number of death penalty sentences and executions in Iran, with a 75 per cent increase in executions in 2022 compared to 2021. Of the total number of executions, 256 were for drug-related offences, and minority communities were disproportionately affected, particularly in cases related to drug or security-related crimes. The report highlighted an incident on 15 October 2022 when a fire broke out in a section of the Evin prison in Tehran where several human rights defenders and political prisoners were held. The authorities reported that prisoners in ward seven intentionally set fire to a sewing workshop, leading to the engulfment of the ward. However, there were alarming reports of shootings before the fire broke out, and anti-riot police allegedly used tear gas, metal pellets, and batons on prisoners. Eight prisoners died due to "smoke inhalation caused by the fire," and 61 others sustained fire-related injuries. The facility had faced previous allegations of torture and ill-treatment, particularly of political prisoners and human rights defenders. The report condemned the failure to protect the rights to due process and fair trial of individuals sentenced to death in the context of the protests."
Ms. Al-Nashif emphasised that domestic avenues for accountability remained weak and ineffective, particularly in addressing violations in the context of recent protests. The lack of thorough, impartial, effective, independent, and transparent investigations further undermined trust in the judicial system. These concerns prompted specific recommendations from the report, urging the Government of Iran to take immediate action by implementing an immediate moratorium on all executions, working towards the eventual abolition of the death penalty. Additionally, Iran should strengthen the judicial system, conduct thorough and impartial investigations into alleged human rights violations during protests, and hold those responsible for excessive use of force accountable.
In conclusion, the Deputy High Commissioner reaffirmed the readiness of the Office of the High Commissioner to continue engaging with Iranian authorities on issues of concern to strengthen the promotion and protection of human rights in Iran. Finally she called on the government to cooperate with the fact-finding mission established by the Human Rights Council.
The Iranian delegation, rejected the findings of the report, labelling them politically-motivated, biassed, and unfair, asserting that it failed to advance human rights protection. They expressed their dissatisfaction with parallel mandates covering Iran and bemoaned unnecessary reports, considering them costly. Iran disputed the report's claim of low implementation of human rights mechanisms' recommendations, deeming it indicative of biassed opinions.
Iran refuted accusations of institutionalised acts against women and girls, deeming them inaccurate portrayals of their human rights situation. Furthermore, they questioned the credibility of the report's sources, claiming that the majority arose from external, anti-Iranian outlets.
Oral Update by the Office of the High Commissioner for Human Rights on the Promotion and Protection of Human Rights in Nicaragua
Ms. Nada Al-Nashif presented documented cases of serious human rights violations in Nicaragua, committed by State officials amid an overall deterioration of the human rights situation. The restrictions on civic space, erosion of the rule of law, and silencing of critical voices hindered the full exercise of human rights, particularly for dissenting views.
Based on the resolution A/HRC/RES/52/2 the Office of the High Commissioner for Human Rights documented new waves of arbitrary detentions in April and May 2023, with charges used to criminalise political opponents and human rights defenders. The OHCHR resolution condemned all forms of arbitrary detention and called for the protection of individuals' fundamental human rights and freedoms, emphasising the need to ensure fair and impartial judicial proceedings for all detainees. Measures imposed by the government such as the prohibition of re-entry and obstacles in obtaining national passports affected political opponents, leading to family separations, and impacting children. The cancellation of legal personality for civil society organisations and universities, expulsions of Catholic Church members, and harassment during Easter celebrations added to the growing concerns.
The update moved on to outline how indigenous communities and minority groups faced attacks and harassment, with a lack of public condemnation and information on investigations from the Government. The numbers of those executed from minority communities in other regions remained disproportionately high, particularly for drug-related or security-related crimes. In 2022, one-third of those executed belonged to the Baloch minority, who also accounted for half of drug-related executions. In 2023, during January and February alone, at least 94 individuals from minority communities were executed, marking a rise in executions compared to the same period in 2022.
Ms. Al-Nashif urged Nicaraguan authorities to reverse measures eroding the rule of law and human rights, release arbitrarily detained individuals, and restore rights for those deprived of nationality. She called for an end to persecution against the Catholic Church and civil society actors, restoring cancelled legal personalities, and ensuring accountability for past and present violations. Anchoring any political process in human rights and engaging constructively with the United Nations human rights system were emphasised.
The Office of the High Commissioner offered the support of its office through facilitating meaningful dialogue and technical cooperation to protect the human rights of all Nicaraguans.
The delegation of Nicaragua did not exercise the right to reply as a country concerned in the report. .
Oral Update by the Office of the High Commissioner on the Situation of Human Rights in Sri Lanka
Ms. Nada Al-Nashif, United Nations Deputy High Commissioner for Human Rights, expressed concern about the severe impact of the ongoing economic crisis on the rights and well-being of many Sri Lankans. She emphasised the need for robust safety nets and social protection measures to shield the vulnerable during economic restructuring and to address underlying issues like corruption.
Regarding Sri Lanka's protest movement, which voiced aspirations for better governance and inclusivity, Ms. Al-Nashif urged the government and political parties to seize the opportunity for democratic renewal and institutional reforms. Key areas of focus included accountability, reconciliation, and safeguarding human rights.
She welcomed encouraging initiatives such as the dialogue with Tamil political parties and the compensation order for victims of the 2019 Easter Sunday attacks. However, she stressed the importance of turning these intentions into concrete actions and policies that would bring tangible changes.
The announcement of plans for a Truth Commission required careful attention, as past experiences with ad hoc commissions had fallen short of ensuring accountability. She outlined that a well-structured plan is needed to connect truth, redress, memorialisation, and accountability, creating an enabling environment for an effective transitional justice process.
The primary responsibility for acknowledging past violations and conducting credible investigations and prosecutions rested with the Sri Lankan authorities. Ms. Al-Nashif also emphasised the complementary role of the international community, using universal and extraterritorial jurisdiction to investigate and prosecute alleged perpetrators and supporting accountability processes in third states.
She urged the Sri Lankan Government to consider repealing the Prevention of Terrorism Act and, in the meantime, to fully implement a strict moratorium on its use due to criticisms about the legislation’s broad definitions and use in targeting political activists. Instead Sri Lanka was urged to rely upon existing laws which already offered adequate tools for legitimate law enforcement purposes.
The delegation of Sri Lanka expressed the view that the Government is actively addressing unprecedented social and economic challenges resulting from the economic crisis. They highlighted the restoration of political stability and significant improvements in conditions for the people. Despite ongoing challenges, the Government remains committed to long-term measures for reconciliation and accountability within the constitutional framework.
The delegation also referred to the recent approval of the International Monetary Fund Extended Fund Facility for Sri Lanka, along with ongoing reforms and social protection measures. The delegation affirmed their determination to safeguard peace, harmony, and fundamental freedoms for all communities. They reported engaging in consultations on the draft anti-terrorism bill to ensure compliance with international standards while considering domestic needs. Additionally, the anti-corruption bill is being discussed in Parliament, and steps have been taken to establish an interim secretariat for a truth and reconciliation mechanism. The Office on Missing Persons has made progress on addressing complaints, and Sri Lanka has rejected the external evidence gathering mechanism established by resolutions 46/1 and 51/1 due to concerns about its implications. They reaffirmed their commitment to cooperate and engage constructively with the Council and human rights mechanisms.
Position of Geneva International Centre for Justice
IRAN
Geneva International Centre for Justice (GICJ) vehemently condemns the ongoing human rights violations perpetrated by the Iranian authorities, which continue unchecked.
Our organisation is deeply troubled by the grave injustices faced by women and girls, as they endure systematic discrimination and the violent suppression of peaceful demonstrations.
The documented cases of serious human rights violations, including arbitrary detentions and charges aimed at silencing political opponents and human rights defenders, demand urgent attention and action.
GICJ is resolute in denouncing the Iranian government's blatant abuse of the justice system, aiming to stifle dissenting voices and suppress calls for justice and accountability. As the situation persists and worsens, we urgently call upon the international community to maintain relentless pressure on the Iranian government, demanding an immediate end to these heinous human rights violations. We staunchly advocate for the immediate release of all individuals arbitrarily detained, as their fundamental rights are unjustly infringed upon.
Furthermore, GICJ vehemently denounces Iran's increasingly stringent policy on mandatory veiling. Such oppressive measures trample on the rights and dignity of women, and we stand in solidarity with those affected.
In the face of these alarming violations, GICJ stands united with the resilient people of Iran. Our unwavering support aims to protect and promote the fundamental human rights of all, and we will tirelessly advocate for justice, accountability, and a future free from oppression and injustice.
NICARAGUA
Geneva International Centre for Justice (GICJ) firmly deplores the documented cases of severe human rights violations in Nicaragua, perpetrated by State officials amid a concerning deterioration of the overall human rights situation. We express deep concern over the restrictions on civic space, erosion of the rule of law, and silencing of critical voices, which have gravely hindered the full exercise of human rights, particularly for dissenting views.
GICJ stands in solidarity with the indigenous communities that have faced attacks and harassment, while the lack of public condemnation and inadequate investigations from the Government further exacerbate their vulnerability.
As Nicaragua faces ongoing challenges and fails to address previous reports' concerns, GICJ urgently calls for meaningful dialogue and the restoration of human rights in the country. We support Ms. Nada Al-Nashif's call for the Nicaraguan authorities to reverse measures that erode the rule of law and human rights, and ensure accountability for past and present violations.
GICJ emphasises the paramount importance of anchoring any political process with respect for human rights and strongly urges the Nicaraguan authorities to engage constructively with the international human rights system.
SRI LANKA
Geneva International Centre for Justice (GICJ) acknowledges Sri Lanka's efforts in improving certain measures relating to its human rights record. However, we stress the importance of careful attention to the announcement of plans for a Truth Commission, considering the shortcomings of past ad hoc commissions in ensuring accountability. A well-structured plan is necessary to connect truth, redress, memorialization, and accountability, creating an enabling environment for an effective transitional justice process.
Additionally, GICJ emphasises the complementary role of the international community, urging the use of universal and extraterritorial jurisdiction to investigate and prosecute alleged perpetrators, while supporting accountability processes in third states.
GICJ stands by these principles, calling on Sri Lanka to adopt a comprehensive and inclusive approach to transitional justice. By addressing past violations, conducting credible investigations, and ensuring accountability, Sri Lanka can pave the way for a more just and rights-respecting society. The collaboration and support of the international community are crucial in achieving this goal.
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