Opening Statements
Nada Al Nashif, Deputy High Commissioner for Human Rights, delivered the Annual Report of the High Commissioner for Human Rights. First, she extended her welcome to the new Under- Secretary-General for Policy Mr Volker Türk, whose appointment as the next High Commissioner for Human Rights was approved by the UN General Assembly on Thursday 8th September 2022.
The Deputy High Commissioner noted that since the Council’s last meeting in June 2022, several situations around the world have continued to raise serious human rights concerns requiring urgent action. She expressed she would not touch on situations that are the subject of separate discussion during the session, namely, Afghanistan, Belarus, Cambodia, the Democratic Republic of Congo, Georgia, Myanmar, Nicaragua, Philippines, South Sudan, Sri Lanka and Ukraine.
Thus, Nada Al Nashif highlighted thematic areas to be addressed in countries that are not to be discussed during the session such as Chad, Guinea, Libya, Haiti, and Ecuador amongst others.
The Report highlighted specific areas of focus, namely, an increase in hate speech and incitement to violence against ethnic minorities; the shrinking civic spaces in certainStates; targeted attacks against Muslims and other minorities; violence against women and excessive force by security forces during protests against human rights defenders, lawyers and journalists.
Regarding the crisis in Ukraine, it was highlighted how the Russian Federation, and the intimidation, restrictive measures and sanctions against people voicing opposition to the war in Ukraine, undermine the exercise of constitutionally guaranteed fundamental freedoms. Further, she emphasised the suffering endured by the civilian population in Ukraine and discussed how the war has produced global political-economic issues, including severe food shortages and threats to security in some of the poorest countries.
In her concluding remarks, Nada Al Nashif acknowledged that the coming months are a critical test of political will. She stressed that political commitments that are grounded in international human rights standards can propel us forward towards more just and equal societies. It must be recognised that States can and should use the full gamut of human rights as problem-solving measures. Fuller use should be made of International Human Rights Mechanisms; the Treaty Bodies, Universal Periodic Review and Special Procedures to provide critical oversight and guidance to assist states in moving forward with the protection and promotion of human rights.
GICJ's Participation
For the 51st Regular Session of the Human Rights Council, Geneva International Centre for Justice (GICJ) assembled a team composed of 24 interns and volunteers. The team covered 30 discussions and wrote 22 discussion reports, among which two combined reports, and submitted 3 written statements. Several colleagues delivered an amount of 25 oral statements during the session, while 9 resolution articles were written.
GICJ Discussion Reports
After attending various Interactive Dialogues and Panel Discussions, GICJ drafted a total of 22 reports summarising the meetings and outcomes. 20 were drafted in English and can be found in that document. Two of them were written in Arabic. Click on the following links to read the report on the Panel Discussion on the Right to Work in Connection with Climate Change Action, and the report on the ID with COI on the Syrian Arab Republic.
Road to stability for Afghanistan
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By Rute Belachew / GICJ
The Taliban's pledges have yet to be realised, as Afghanistan continues to survive in a dire situation. On the 12th of September 2022, during the 51st Session of the Human Rights Council, the Special Rapporteur on the Condition of Human Rights in Afghanistan, Mr. Richard Benett presented his latest report. Mr. Benett presented a summary of his trip to Afghanistan and the developing situation of human rights in the country and his recommendations for improvement. He criticised the denial of fundamental human rights to women and girls since the de facto government assumed control. Along with legislation that impedes gender equality, he stressed the prejudice encountered by women, girls, and ethnic minorities.
A considerable number of delegations voiced strong support for the Special Rapporteur's work. However, concerns were raised regarding the threats and retaliation that many female-led defenders, journalists, girls, and LGBTQI+ people suffer while fighting for their liberties. Member nations asked the Taliban to change its repressive policies against women and girls and to do the right thing for the Afghan people. They also urged the world community to continue its efforts to help those in need through humanitarian aid. Member states and the Special Rapporteur believe in including a gender perspective and a survivor-centred approach, as well as anonymising sources of information on alleged human rights violations where appropriate.
The status of the more than 4 million IDPs, particularly their capacity to seek asylum and seek treatment in neighbouring countries and elsewhere, requires immediate international assistance and will be discussed in greater detail in future reports. The Special Rapporteur will continue to report on the human rights situation in Afghanistan on a regular basis, including through public speeches and observations. He plans to conduct thematic investigations, collaborate with leading research organisations and universities, table conference room papers at the Human Rights Council, and engage with other United Nations human rights processes to keep Afghanistan's case at the top of the social and political rights agendas.
Geneva International Centre for Justice (GICJ) is concerned about the deterioration of the social and economic prosperity of Afghanistan after the takeover of the Taliban government. The de facto government has gone against their promises of providing equal opportunity to women and girls. However, we are disappointed at the continued discrimination faced by minorities in the country. We stress the importance of continuing dialogue to address this issue, and we urge States, the United Nations, the international community, and institutions to develop and implement policies aimed at protecting Afghans, specifically women and girls. We urge for immediate action to be taken to stop said violations and ask for mechanisms to continue supporting the Special Rapporteur and his team in continued dialogue with the de facto government.
The Fragility of Women's Rights in Afghanistan
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By Danya Al-Thani / GICJ
On the 12th of September 2022, the Human Rights Council held an enhanced interactive dialogue on the situation of the rights of women and girls in Afghanistan since the takeover of the Taliban. The meeting was held in response to the report of the Special Rapporteur on the Situation of Human Rights in Afghanistan, Mr Richard Bennett, which documents the situation of human rights in Afghanistan from 15th August 2021, when the Taliban took control of Kabul, until July 2022. The main focus of the report was the situation of women and girls, whose rights have rapidly deteriorated.
Since the establishment of an all-male, primarily Pashtun, government in Afghanistan, the Taliban has claimed that it is committed to protecting the rights of women and girls in the country according to Sharia law. However, women and girls have subsequently seen their rights diminish considerably. Such rules include the mandatory wearing of hijabs, a ban on colourful clothing, a requirement for women to stay at home unless it is necessary for them to leave, and rules restricting certain types of travel for women without the accompaniment of a male guardian.
An estimated 61% of women in Afghanistan have lost their businesses and jobs since the Taliban’s return to power. Female lawyers have had their licence revoked, while many women have been sent home from their civil service roles. Approximately 850,000 girls have been excluded from secondary education, despite the Taliban’s assurance that the suspension of girls’ secondary education was only temporary. Marriage laws do not protect girls under the age of 15 from being married, leading to concerns for their protection.
The UN Assistant Secretary-General for Human Rights, Ms Ilze Brands Kehris, who provided the opening statement, expressed the need for concrete action to be taken by the international community to uphold human rights for women and girls in Afghanistan. Mr Bennett and the Ambassador of Afghanistan, Mr Nasir A. Andisha, called for the establishment of an Independent Investigative Mechanism to provide a method of redress for women and girls in Afghanistan.
Geneva International Centre for Justice (GICJ) urges the government of Afghanistan to effectively address the human rights violations highlighted during this interactive dialogue. We remain deeply concerned about the continued prevalence of violence and discrimination against women and girls in the state. We specifically call upon the Taliban to reverse the policies and practices that currently limit the human rights and freedoms of Afghan women and girls.
Protecting the Right to Safe Water and Sanitation in a Global Water Crisis
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By Isabella Sadur Sutherland / GICJ
On the 14th of September 2022, the Human Rights Council held an Interactive Dialogue with the Special Rapporteur on the Human Right to Safe Drinking Water and Sanitation, Mr. Pedro Arrojo-Agudo. The Interactive Dialogue included a discussion of his report (A/HRC/51/24) on the status of the human right to water and sanitation with a focus on indigenous peoples worldwide.
The report highlighted specific issues of water and sanitation access for indigenous women and girls, the effects of land and water grabbing by state and private actors, and the violence faced by indigenous human rights defenders in preserving aquatic ecosystems. The Special Rapporteur’s report also stressed the value of indigenous water and water management approaches in combating the global water crisis.The Special Rapporteur presented recommendations to protect indigenous peoples’ right to water and sanitation, such as their free, prior, and informed consent for projects affecting their territories, the participation of indigenous peoples, particularly women, in decision-making processes, and the realisation of the existence of indigenous peoples and their territories in law.
During the meeting, the Special Rapporteur noted and looked forward to the UN Water Conference on 22-24 March 2023 in New York and the Social Forum on Water and Sustainable Development on 3-4 November 2022 in Geneva.
Geneva International Centre for Justice (GICJ) calls for immediate action to realise the human rights of safe drinking water and sanitation for indigenous peoples worldwide. It is crucial that states and private actors cease land and water grabbing from indigenous peoples and act to repair the damage done by the contamination and drainage of water sources. GICJ urges states to respect the rights of indigenous peoples to consultation and the need for free, prior, and informed consent in order to protect the human rights to water and sanitation and to preserve aquatic ecosystems.
Contemporary Forms of Slavery Affecting Vulnerable Communities
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By Rasika Gopalakrishnan / GICJ
On the 15th of September 2022, the 8th meeting of the 51st Regular Session of the Human Rights Council considered the report of Mr Tomoya Obokata, Special Rapporteur on the Contemporary Forms of Slavery (A/HRC/51/26), during an interactive dialogue on the same topic.
Mr Tomoya Obokata opened the interactive dialogue by discussing the findings of his report on contemporary forms of slavery. Specifically, he spoke about his observations during his visit to Sri Lanka and suggested various steps which actors could take to achieve the UN’s Sustainable Development Goals by the year 2030.
The Special Rapporteur highlighted the challenges that were faced by migrant workers who returned to Sri Lanka after going abroad – these included unequal wages, poor living conditions, sexual harassment, and a lack of social benefits. The Sri Lankan government has taken a few steps to address these issues, such as increasing the minimum age of employment, as well as creating a “child-free” labour zone. However, the rapporteur feels that the government could benefit from implementing international covenants and policies which seek to promote and protect the rights of vulnerable communities from forced labour.
Geneva International Center for Justice (GICJ) condemns all forms of contemporary slavery and forced labour affecting ethnic, religious, and linguistic minorities around the world. These include practices such as chattel slavery, forced and bonded labour, child or forced marriage, domestic servitude, sexual slavery, and child labour. GICJ wholly supports the anti-slavery and anti-trafficking efforts of member states and calls on other actors to play a vital part in putting an end to such violent practices. Harmful practices such as debt bondage and unemployment could be addressed by offering affordable credit-lending mechanisms and creating more avenues for women to engage in vocational training. It is imperative that civil society play an important role in sensitising people on issues of forced labour, such that they may feel empowered to recognize and help themselves out of such work environments. GICJ also recognizes the gendered dimension of this issue and supports the implementation of specific schemes for protecting the rights of women and children. In some societies, since sex work is not considered a “dignified” profession, it is not considered legitimate work and hence is covered by the usual laws that govern labour. Therefore, GICJ urges states to expand the ambit of what is considered “legitimate work”, and wishes to accord equal if not more protection to those engaged in sex work. Further, GICJ urges businesses and private companies to promote the welfare and well-being of its workforce by guaranteeing a minimum wage, social security benefits, as well as a safe working environment amongst other things.
Transitional Justice Processes and the Failure to Uphold Fundamental Human Rights
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By Emily Bare / GICJ
Transitional justice is the process whereby judiciary and non-judiciary measures are taken to ensure a peaceful transition conducive to reconciliation following a period of social conflict.
The report of the Special Rapporteur on the promotion of truth, justice, reparations, and guarantees of non-recurrence focused on the role and responsibilities of non-State actors in transitional justice processes. The report highlights that non-State actors should play a central role in transitional justice processes and should be engaged from the early stages of conflict resolution. Additionally, non-State actors should support the investigation and prosecution of perpetrators of human rights violations and work to ensure that victims have access to justice and reparations. The report also recommends that States ensure that non-State actors have the capacity and resources necessary to fulfil their responsibilities in transitional justice processes and take steps to protect these actors from intimidation or retaliation.
On the 16th of September of 2022, the Special Rapporteur, Mr. Fábian Salvioli, took the floor and presented his report to the stakeholders opening an interactive dialogue under item 3 of the agenda. In his opening statement, he reiterated several of the points made in the report. He addressed the obligations of truth, justice, and reparation regarding corporations and armed non-State actors specifically. He also discussed his country visits to Croatia and Bosnia and Herzegovina. The general attitude of the intervening delegations was one of commitment to transitional justice, providing special attention to capacity building and transitional justice mechanisms. The centrality of victims during the process was a recurrent theme, as was the need to take a holistic approach that considers all aspects and is inclusive of all parties involved.
Geneva International Centre for Justice (GICJ) welcomes Mr. Salvioli’s insistence on including memory as the fifth pillar of transitional justice, an element that has been historically overlooked in processes across the world. We underscore the urgency of adopting an inclusive victim-centred approach to ensure reconciliation.
Use of Arbitrary Detention as a tool to crush dissent remains widespread
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By Martin Browne / GICJ
Arbitrary Detention is widespread, touching almost every country. The Working Group on Arbitrary Detention conducts reviews, deals with urgent requests and facilitates dialogue with state authorities to obtain information and the release of detainees.
In 2021-2022 the group restarted its country visits, promoted thematic reports on the use of detention in drug enforcement, and encouraged the adoption of principles on effective interviewing of detainees without resort to torture. The group adopted a total of 85 opinions concerning 175 persons in 42 countries, further 53 urgent appeals and 206 allegation letters were sent and the group noted the release of 15 people following its intervention. Despite these efforts there was a notable increase in reports of secret detentions, torture in detention areas and use of arbitrary arrests to crackdown on protestors.
The Vice-Chair, while highlighting examples of exemplary practice, noted that many states provide timely responses to the requests of the Working Group on Arbitrary Detention but not always a substantive response with sufficient information for detailed analysis to be carried out about the legitimacy of a detention. A number of states and NGOs deplored the relatively low rate of substantive engagement with the Group’s requests for information and relief. A number of other countries criticised the group for not engaging in a more thorough filtering of communications being sent by political actors within their countries. The Vice-Chair strongly rebutted these arguments by highlighting the mechanism has no mandate to filter complaints based on the substance of the requests and that all reports of arbitrary detention are taken seriously, with states encouraged to provide more information to the group to help clarify the alleged situation.
Geneva International Centre for Justice (GICJ) deplores the use of arbitrary detention, which is a tool used by weak regimes with no respect for the rule of law. This abuse of multiple rights is exacerbated when detention is used to extract confessions using methods of torture. GICJ calls on all states to refrain from secret detentions that circumvent due process and disregards safeguards against arbitrary detention, against which there is an absolute prohibition. Access to effective remedy and reparation is vital for those detained unlawfully and states must carry out an ongoing review of the necessity of detention.
The Worldwide Persistence of Enforced Disappearance and its Effects
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By Emily Bare / GICJ
Enforced disappearance is considered to be the "arrest, detention, abduction or any other form of deprivation of liberty by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law."
On the 20th of September 2022, under Agenda Item 3 of the 51st Session of the Human Rights Council, the Chair Rapporteur of the Working Group on Enforced or Involuntary Disappearances (UNWGEID), Mr. Luciano Hazan, presented the UNWGEID's report. In his opening statement, he recognised that this year is the 30th anniversary of the Declaration on the Protection of All Persons from Enforced Disappearances. He noted that despite commitments and promises made by states to improve the issue, enforced disappearances continue and there are new trends that cause new challenges. He also highlighted the UNWGEID's country visit to Cyprus from the 5th to the 12th of April 2022, holding it as a country of concern.
The report of the UNWGEID focused on the activities of the communications and cases examined by the UNWGEID from the 22nd of May 2021 to the 13th of May 2022. The report highlighted the transmission of new cases and urgent appeals of enforced disappearance to states. Further, it voiced the UNWGEID's continued concern regarding the lack of engagement and cooperation from several countries and observed that it has become increasingly difficult for it to receive positive replies to its requests for country visits.
Geneva International Centre for Justice (GICJ) welcomes the UNWGEID's recent report on enforced disappearances and condemns the systemic nature of this crime. GICJ participated in the interactive dialogue and delivered two joint oral statements during the interactive dialogue about enforced disappearances in Iraq. We stress the need for increased pressure to be placed upon governments to fulfil their obligations and develop and implement a comprehensive policy to address past abuses, including enforced disappearances. We urge the UN and international community to take concrete measures to prevent these human rights violations.
Scrutiny of Myanmar at the UN: Waiting for a Joined-Up Approach
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By Martin Browne and Loïc Dorthe / GICJ
Since 2015, the Myanmar military has been accused of committing crimes against humanity, violating human rights, and breaking international law by using force against the Rohingya and other minorities in Myanmar.
In addition, the military led a coup to install the junta on the 1st of February 2021. Since that time, the army and the leaders that were installed have been accused of committing severe crimes against the population to suppress pro-democracy protests and prevent public dissent.
Between the 12th of September and the 7th of October 2022, the 51st session of the Human Rights Council featured three different Interactive Dialogues with various UN mechanisms scrutinising the human rights situation in Myanmar. In addition, an oral update was provided by the Acting High Commissioner for Human Rights covering similar matters. This report presents these discussions and analysis including covering:
An Interactive Dialogue with the Head of the Independent Investigation Mechanism for Myanmar (IIMM), Mr Nicholas Koojiman, presented the 4th annual report, on efforts to collect, consolidate, preserve and analyse evidence of crimes committed in Myanmar since 2011.
An Interactive Dialogue with the Special Rapporteur for Myanmar, Mr Tom Andrews who presented a further oral update on his work reviewing the human rights situation across the whole country.
An Interactive Dialogue based on the OHCHR's report on the progress made and remaining challenges with regard to the recommendations of the formerly constituted Independent International Fact-Finding Mission on Myanmar (FFM).
Finally, an oral update was provided by the Acting High Commissioner for Human Rights, Ms. Nada Al-Nashif on the most recent urgent human rights concerns.
All the reports point to a degrading human rights situation in Myanmar. This is occurring alongside the growing capacity of the IIMM to collect and analyse information on crimes committed in the country. It is also in spite of previous efforts to use accountability mechanisms to deter human rights abuses and is testimony to the failure to implement the FFM's recommendation of various targeted measures to weaken the stranglehold of the Myanmar military. Making this point forcefully, the OHCHR report notes alarm at the untrammelled power of the junta that is unchecked by the international community’s activity. It appears that too few economic sanctions have been imposed to date. As a consequence, there is still a free flow of arms and other sensitive equipment being sold to the junta, ensuring its leaders are able to exercise control over different parts of the country. The sale of arms and supplies to Myanmar clearly facilitates the commission of crimes against its people. Violations of human rights and humanitarian law continue to be perpetrated by the junta and people continue to suffer under its cruel rule. There appears to be no sign of international efforts to date having a deterrent effect on this course of criminal conduct.
The effectiveness of international mechanisms to deter rights violations, enhance diplomatic efforts and increase accountability for abuses must be analysed to identify what prevents a more beneficial outcome. The context of Myanmar undermines claims by the international community that it takes all forms of human rights abuses seriously. Reviewing the work of UN human rights mechanisms often reveals frustrations about countries not providing basic support for refugees, investigators, and an underlying aim to optimise their benefit from regional political power struggles.
In order to finally take action against the junta and improve the human rights situation of the people of Myanmar, Geneva International Centre for Justice (GICJ) strongly supports the mandate of the IIMM, as the body most capable of delivering truth-seeking and documenting abuses to the highest standards to facilitate future prosecution of serious international crimes. GICJ calls on states to take responsibility and implement targeted, coordinated, and effective sanctions to deprive the military of its financial resources. We also call for the extension of humanitarian assistance to the people of Myanmar and to refugees who have fled to neighbouring countries. Finally, GICJ reiterates that no state should recognise the junta as the legitimate government of the country, and urges the return of peace, respect for human rights, democratic institutions, and freedom in order to ensure accountability and justice for the people of Myanmar.
Cycle of extreme violence and retribution continues in Ethiopia
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By Patricia Mutebi Jjuuko / GICJ
The International Commission of Human Rights Experts on Ethiopia submitted its first report to the Human Rights Council (HRC), which discusses violations committed in the country that amounts to war crimes and crimes against humanity during the 51st regular session. On 22nd September 2022, the 18th meeting of the 51st session of the Human Rights Council (HRC) held an Interactive Dialogue with the International Commission of Human Rights Experts on Ethiopia chaired by Ms Kaari Betty Murungi. This first report submitted pursuant to Human Rights Council resolution S-33/1, presents the initial findings of the International Commission of Human Rights Experts on Ethiopia. The report concludes that there are reasonable grounds to believe that violations, such as extrajudicial killings, rape, sexual violence, and starvation of the civilian population have been committed in Ethiopia since 3rd November 2020.
The government of Ethiopia reaffirmed to continue taking concrete measures to bring perpetrators of human rights violations to justice and will continue working with the OHCR in Ethiopia and other international partners. However, they highlighted that the report submitted by the Commission was of substandard quality and its allegations are unsubstantiated.
Geneva International Centre for Justice (GICJ) strongly condemns the human right violations occurring in Ethiopia against civilians. The government of Ethiopia must give the team of International experts unfettered and unhindered access to the interior of the country. GICJ calls on the international community and investigative teams to ensure that all perpetrators are held accountable for any crimes committed.
Intolerable Hardship - Syria's 11 Years of War
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By Sarah Tayara / GICJ
On 22nd September 2022 at the 51st Regular Session of the Human Rights Council, the Commission of Inquiry on Syria held an Interactive Dialogue to deliver an oral update on the human rights situation in Syria.
After more than a decade of conflict, the people of Syria are living in a human rights tragedy. With humanitarian needs at their peak, and escalating violence, food insecurity and donor fatigue, Syrians are staring into an abyss of unimaginable pain and suffering.
Mr Paulo Sergio Pinheiro, Chair of the Commission, noted that despite a general reduction in fighting, the war is far from over. He condemned the acts of all parties in the conflict and highlighted that hostilities are intensifying on several fronts. Armed conflict is only one aspect of the hardships that Syrian civilians are facing. More than 12 million people have been displaced from their homes since March 2011. At least 400,000 have been killed. 14.6 million Syrians are dependent on humanitarian assistance. At least 150,000 are arbitrarily detained or forcibly disappeared at any one time, and 90% of the country is living below the poverty line.
In keeping with Syria’s rejection of the Commission’s mandate since its establishment in 2011, the Syrian delegate rejected the report, insisting that it is a platform aimed at shaming the Syrian government and smearing it with unfounded allegations. He reiterated that the report contained prefabricated accusations which propagated a politicised agenda against Syria, aimed at undermining its territorial integrity. The delegates of Iran and Russia concurred with Syria’s statement and criticised the Commission’s encroachment on Syria’s sovereignty. Other delegations firmly condemned the ongoing violations committed against civilians by the Syrian authorities and other actors involved in the conflict.
Geneva International Centre for Justice (GICJ) welcomes the Commission’s update and condemns the abuse and suffering the people of Syria have endured for so long. GICJ urges all parties in the conflict to immediately cease all acts of violence against civilians. We are particularly concerned by the rise in arbitrary detentions and the deliberate withholding of information from family members on the whereabouts of their loved ones. Additionally, we call for the immediate cessation of blanket internment of children in al-Hawl camp.
After a decade of the world observing the suffering of the Syrian people from a distance, it is imperative that states make a real commitment to strengthen mechanisms of accountability and hold all parties in the conflict accountable for infringing upon the basic human rights of Syrian people. Maintaining the status quo is no longer an option. The time has come to finally put the interests of the Syrian people above the agendas of the parties in the conflict.
Burundi Calls for the Termination of the Special Rapporteur's Mandate
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By Jamel Nampijja / GICJ
On the 23rd of September 2022, Mr Fortuné Gaetan Zongo, the Special Rapporteur on the situation of human rights in Burundi, delivered his report during the 19th Meeting of the 51st Regular Session of the Human Rights Council (A/HRC/51/44). The report highlighted the State's cooperation with international human rights mechanisms, human rights concerns, general progress achieved in these areas, as well as the economic and social well-being of the country.
Noted was the progress made in the fight against trafficking of human beings, institutionalising anti-trafficking training for law enforcement officers, and launching effective judicial procedures whereby several investigations and prosecutions have been pursued, and victims were receiving assistance.
The country concerned alleged that the State complied with its international obligations by promoting and protecting human rights. The social, political, economic, and human rights situations have been steadily improving since 2015. Several amendments in good governance, social justice, freedom of the press, civil and political rights, and national reconciliations, among others, have been initiated. As a result, Burundi requested the Human Rights Council to withdraw Burundi from its special mechanism agenda and end the mandate of the Special Rapporteur.
During the interactive dialogue, delegates, international organisations, and NGOs welcomed the report of the SR and commended him for his oral update. They applauded the government of Burundi for the extensive progress made, mainly through improved governance structures, promotion of human rights, and cooperation with the human rights mechanisms, particularly the increased participation in decisions at the international, regional, and sub-regional level. The delegates encouraged the government of Burundi to fully implement the recommendations made by the Commission of Inquiry, the Office of the United Nations High Commissioner for Human Rights, the African Union, and several competent regional institutions.
Several questions were raised regarding how the special rapporteur will assess the situation of civil society in Burundi. Questions asked included what plan of action the SR has for the months ahead, what priority areas would the SR like to focus on, and what the recommendations are for the international community to promote a meaningful improvement in the human rights situation in Burundi in the medium and long term. Some delegates wondered if the SR has already established frequent contacts with the Independent National Human Rights Commission and, if so, how the SR assesses this cooperation. Furthermore, delegates questioned how the government can better equip itself to avoid a surge of human rights violations during the pre-electoral period.
Several international organisations and NGOs expressed concern over human rights violations and abuses committed by the Imbonerakure youth group, who continue to commit abuses with complete impunity. These human rights violations include torture, killings, enforced disappearances, arbitrary arrests, and sexual violence with the complicity of the intelligence service in the police.
Geneva International Centre for Justice (GICJ) condemns all human rights violations and abuses in Burundi. We urge the State to take all necessary measures to conduct impartial and effective investigations to identify those responsible for the violations of basic rights and hold perpetrators accountable.
Commission of Inquiry determines that war crimes have been committed in Ukraine
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By Conall Corrigan / GICJ
On the 23rd of September 2022, the 20th and 21st meeting of the 51st Regular Session of the Human Rights Council (HRC) provided an oral update from the UN Independent International Commission of Inquiry on Ukraine (COI) on its progress in investigating human rights abuses stemming from Russian aggression against Ukraine. In May 2022, the HRC passed resolution S-34/1 which requested the COI to address events that took place between February and March in the Ukrainian cities of Kyiv, Chernihiv, Kharkiv and Sumy as a result of Russian hostility. Mr Erik Møse, Chair of the COI, discussed the Commission’s findings in areas such as the conduct of hostilities and the use of indiscriminate attacks, as well as violations against personal integrity including sexual and gender-based violence. Based on the evidence gathered by the COI, Mr Møse ultimately concluded that war crimes have been committed in Ukraine.
The Commission confirmed that it will continue to investigate violations of International Human Rights Law (IHRL) and International Humanitarian Law (IHL) in the four cities mentioned in resolution S-34/1 and will gradually devote more resources to its mandate issued in resolution 49/1 which is both thematically and geographically broader.
Geneva International Centre for Justice (GICJ) commends the efforts of the COI and reiterates its desire to ensure that its work is sufficiently funded and resourced. Although the Commission has been effective in uncovering gross violations of IHRL and IHL committed by Russian forces in Ukraine, it is imperative that its members are granted access to occupied regions of the country in order to adequately assess the widespread damage caused by the conflict.
Gender-Based Barriers that seek to Silence Women
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By Lotte Eriksen Reitan / GICJ
The effective exercise of the right to freedom of opinion and expression for women has been an important topic at the 51st Session of the Human Rights Council. On the 26th of September 2022, the annual discussion on the integration of a gender perspective throughout the work of the Human Rights Council and that of its mechanisms took place. The discussion revolved around existing gender-based barriers that attempt to silence and exclude women from the public sphere and create a chilling effect. The opening statement was given by the director of the Thematic Engagement Special Procedures and Right to Development Division. Ms. Peggy Hicks, followed by the panellist’s Ms. Irene Khan, Ms. Julie Posetti, and Ms. Mitzi Jonelle Tan.
The panellists, State representatives, and NGOs pointed out that freedom of opinion and expression is the foundation of every democratic society and crucial for the enjoyment of other human rights. Unfortunately, women activists, politicians, journalists, and human rights defenders still face harassment, sexual violence, discrimination, abuse, threats, and intimidation that seeks to suppress and mute their voices. Topics such as journalists' safety, climate change, online violence, and women’s participation in politics were central subjects under the discussion.
GICJ welcomes the annual discussion and believes that the effective exercise of the right for freedom of opinion and expression, both offline and online, is essential for the enjoyment of other human rights. However, this remains a distant goal for many women and girls. GICJ calls for States to eliminate all existing discriminatory legislation against women to ensure that the freedom of opinion and expression are upheld in the fight for gender equality.
A Renewed Call for the Protection of Indigenous People
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By Rute Belachew, Aimara Pujadas Clavel, and Isabelle Despicht / GICJ
Indigenous People are still facing discrimination and land invasion. On the 28th of September 2022, the 51st Session of the Human Rights Council held three subsequent meetings on the rights of Indigenous People: a panel discussion, an interactive dialogue with the Expert Mechanism on Indigenous People, and an interactive dialogue with the Special Rapporteur on the Rights of Indigneous People.
The Council held the annual panel on Rights of Indigenous People, during which the impact of COVID-19 on social and economic recovery measures affecting indigenous peoples was examined, with a particular focus on food security. After the panel discussion, the representative of the Expert Mechanism on the Rights of Indigenous People presented his report and elaborated upon his study of treaties, agreements, and other constructive arrangements which had been previously conducted.
The subsequent interactive dialogue considered the report of the Special Rapporteur on the Rights of Indigenous Peoples, Francisco Cali Tzay, with a detailed interactive dialogue from member States and international non-governmental organisations. Mr. Cali Tzay commenced the interactive discussion by presenting the conclusions of his most recent report. The report focused on the impact of COVID-19 on Indigenous communities and their battle for survival as governments implement recovery plans that directly harm them.
Geneva International Centre for Justice (GICJ) reiterates that the lack of protection for Indigenous People and exploitation of their land leads to deforestation, violence, killings, lack of resources, extraction, food insecurity, pollution, and other worrying issues. The pandemic has had a differentiated and mostly disproportionate impact on Indigenous Peoples and their rights. GICJ urgently calls states to empower Indigneous women and girls, counting among the most vulnerable groups, as well as Indigneous leaders and activists, and ensure that their rights are protected and any incumbent issues addressed. Mechanisms to ensure and protect the ability for Indigenous women to develop, maintain, and transmit knowledge must be protected and respected in the scientific field.
Reprisals and intimidations against people cooperating with the United Nations are still increasing
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By Farah Caïdi / GICJ
On the 29th of September, the Assistant Secretary-General for Human Rights, Ilze Brands Kehris, presented the annual report of the Secretary-General analysing the intimidations and reprisals suffered by people who cooperate with the United Nations.
The Assistant Secretary-General’s mandate was created in 2016 by the Secretary-General after he expressed his deep concern of the increasing intimidations suffered by Human Rights Defenders. The report alerted and warned that reprisals are still an ongoing trend worldwide, exacerbated by COVID-19 measures.
Geneva International Centre for Justice (GICJ) acknowledges the importance of the Assistant Secretary-General's mandate. This mandate recognises how cooperation with civil society is vital for the different mechanisms to work efficiently. Civil society brings an insight of what is happening on the ground. They are actors of change, alerting on evolving situations and pushing for relevant actions to be taken. Therefore, this mandate was created in response to an increase in the number and severity of reprisals worldwide.
GICJ especially supports the report’s call to give special attention to women cooperating with the UN. Indeed, among the 350 cases included in the report, around 60 percent concern women victims. And among the cases not shared in the report, a large majority is also composed of women victims. We join the UN’s vision that women have a crucial role in building and ensuring lasting peace and security globally. We urge States to stop hiding the repression of civil society behind laws that are supposed to ensure “national security”. We demand that they address their shortcomings in protecting the freedom of expression, association, peaceful assembly, and the right to participate in public affairs.
Urgent concerns remain about the HR situation of persons of African Descent
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By Jamel Nampijja / GICJ
On the 3rd of October 2022, Ms Catherine Namakula, the Chairperson of the Working Group (WG) on people of African Descent, presented three reports during the 32nd Meeting of the 51st Regular Session of the Human Rights Council; the annual report (A/HRC/51/54), the WG’s visits to Portugal (A/HRC/51/54/Add.2), and visit to Switzerland (A/HRC/51/54/Add.1).
The annual report focused on the theme "children of African descent" to discuss the global human rights situation of people of African descent. It provided an overview of the working group's 30th session held in New York from the 23rd to the 27th May 2022. The second and third reports provided updates on Portugal and Switzerland country visits. The WG met with the governments, national institutions, civil society organisations, people of African descent, human rights activists, lawyers, and academics. The reports explored the human rights situation for people of African descent and the challenges they faced, such as racism, discrimination. In addition, it includes inequality faced by children of African descent in all areas of their lives. This entails development, education, health, family-regulation systems, administration of justice, law enforcement and redress for legacies of enslavement, colonialism, and racial segregation.
The 30th session held seven thematic panels with themes including "Safeguarding the health and well-being of children of African descent", "Intergenerational deprivation, and anti-Black racism: asset-building for the economic and financial freedom of children of African descent", "Repairing the world for the future of children of African descent" among others.
During the Interactive Dialogue, delegates and non-government organisations welcomed the working group's report. They shared the WG's concern about continuing incidents of racially motivated violence against people of African descent, including rampant gun violence, not only by police forces but by civilians, including supremacist, racist and neo-fascist groups and individuals. They called for comprehensive policy reform to address systemic racism to ensure that public services are child-friendly, responsive, and non-punitive. States were urged to strengthen national statistical systems for data disaggregation to form better policy responses that tackle racism, discrimination, and inequality. Representatives and civil society raised questions concerning a range of topics including, what tools are needed to end systematic and institutionalised discrimination, how States can ensure equality in promoting the protection of the human rights of people of African descent and how States can support participatory policy reviews at the national, regional, and international levels to understand the challenges better and inform actions toward racial justice in migration governance alongside migrants' expertise.
Geneva International Centre for Justice (GICJ) condemns the discrimination and violence against Africans and people of African descent, including the persistent police brutality and institutional and structural racism in some of the world's criminal justice systems. We are concerned by the glorification of the colonial legacy in Portugal and the persistent denial by Switzerland of its colonial participation via corporate and institutional practices. Therefore, we urge States to create and implement public policies and programs that protect and promote the human rights and general well-being of people of African descent, especially children. Likewise, we call on States to prioritise the provision of equitable access to education and environments free from discriminatory attitudes to combat racism and ensure the child's best interests.
Law Enforcement Obligations to Ensure Racial Justice
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By Martin Browne / GICJ
The International Independent Expert Mechanism to Advance Racial Justice and Equality in the context of Law Enforcement was established in 2021 as part of the High Commissioner’s four-point agenda to end systemic racism and following a number of high profile and often deadly human rights violations by law enforcement officers against Africans and people of African descent.
The first report of the Mechanism was published in 2022. This report covered a wide-ranging area and was entitled “Promotion and protection of the human rights and fundamental freedoms of Africans and of people of African descent against excessive use of force and other human rights violations by law enforcement officers through transformative change for racial justice and equality”. The Acting High Commissioner, Nada Al-Nashif, presented the report starting with examples of best practice that had been identified through the Mechanism’s first 12 months of operations. These examples indicated the promise of constructive changes for law enforcement officers to adopt a human rights approach to eliminating racial discrimination in areas of their work but they were few in number and of limited geographic scope. Even where best-practice had been identified the evaluation of those local or national programmes had only just begun.
The overarching gaps in knowledge about the impact of human rights violations against people of African descent by law enforcement officers stemmed from the lack of consistent data about interactions and incidents that was disaggregated by race or ethnic origin. Accordingly, one of the Mechanism’s strongest recommendations urged national action plans against racism to include guidelines on how to collect, analyse, and publish data disaggregated by race or ethnic origin.
A second focus concerned the types of racial profiling, types of excessive use of force, and other violations of international human rights law, during and after interactions with law enforcement officials. The Mechanism called on more states to engage with country visits as a vital step to allow it to help strengthen the capacity of states to respond and align better to international standards on investigations, accountability, and standards governing law enforcement and the use of force.
Finally, the Acting United Nations High Commissioner for Human Rights called on States to engage meaningfully with the Expert Mechanism to Advance Racial Justice and Equality in Law Enforcement and take heed of the targeted recommendations that had been proposed through the Mechanism’s work including through sustained funding, public recognition of the serious of the issues, protection and support for programmes in this area.
More countries need to join the fight against egregious police brutality. Without urgent action across different states, the international community will have to consider a new international instrument - a convention against police brutality, which would bring to light the ways that international human rights are violated by police forces.
Geneva International Centre for Justice (GICJ) strongly believes that states should listen and act upon the concerns raised by people of African descent, and take measures on the ground, including concrete measures to reverse cultures of denial, to dismantle systemic racism, to end impunity for violations by law enforcement officials, and to deliver reparatory justice.
The Rise of Hate Crimes Threatening Transitional Justice in the Democratic Republic of Congo
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By Ardya Syafhana / GICJ
Pursuant to Resolution 48/20, the UN Human Rights Council (UNHRC) requested the UN High Commissioner of Human Rights (High Commissioner) and the team of international experts (Expert) to present a comprehensive report about related issues according to their mandate at the fifty-first session in the format of interactive dialogue. The High Commissioner was mandated to collect data and information concerning human rights violations in the territory of the Democratic Republic of the Congo (Congo), while the expert was limited to transitional justice in the Kasai Region.
Prior to the interactive dialogue, report A/HRC/51/60 and report A/HRC/51/60 were made available to the public. Report A/HRC/51/60, compiled by the Office of the High Commissioner (OHCHR), disclosed thousands of human rights cases in Congo, with almost half of them linked to state agents. Although there was a slight decrease in the number of cases, hate crimes and sexual-based offences were still tormenting civilians in Congo. Special attention was given to the escalation of violence committed by numerous armed groups, even in the area declared as état de siège. The Expert also submitted report A/HRC/51/60 to follow up on the progress of transitional justice efforts in the Kasai Region before commencing its new mandate to cover the entire territory of Congo. Despite several programmes still progressing, the deficiency of the administration of justice and delays in the criminal justice system invited doubts about the future of transitional justice in Congo.
During the interactive dialogue, the UN High Commissioner was represented by Mr Chritian Salazar Volkman. Mr Volkman called for stronger endeavours by the government without undermining the progress made, particularly for conflict resolution with non-state armed groups. Marie-Thérèse Keita-Bocoum also gave statements on behalf of the Head of the Experts, recounting the remarkable steps of transitional justice in Congo and advising the respected authorities to move forward in seizing all opportunities from within and the international community. Overall, delegates present during the dialogue condemned the violent campaign against civilians by armed groups and, to some extent, deplored responsible governmental authorities in related events. NGOs also requested that the same attention be paid to the cases related to the intimidation of human rights defenders and political opponents by the Congolese government. The dialogue concluded with a reaffirmation of the Congolese government's commitment to take the developments to the next level. The representative of Congo emphasised that they need all support available to achieve this.
Geneva International Centre for Justice (GICJ) welcomes the efforts made by the government of Congo to enhance the protection of human rights and transitional justice efforts, most notably in the area of legal reform. We note with deep concern that, despite this strong commitment, human rights violations and impunity still persist in the country. GICJ calls for the end of the impeding of the accountability process and invites the international community to consolidate their assistance to Congo.
South Sudan's Transitional Justice Process has been Delayed
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By Natalia Venegas / GICJ
South Sudan's transitional justice process has been delayed. On the 5th of October 2022, during the 51st Session of the Human Rights Council, the Council held an interactive dialogue on technical assistance and capacity building, where this issue was raised.
The Director of the Field Operations and Technical Cooperation Division at the Office of the High Commissioner for Human Rights, Mr. Christian Salazar Volkmann, presented a report on the updated human rights situation in South Sudan. This report outlined some of the key human rights challenges faced by South Sudan and explained some of the measures of assistance that have been provided. For instance, there were training sessions delivered regarding human rights law and international humanitarian law, conflict-related sexual violence and South Sudan’s Police Force Act from 2009, as well as the rights of suspects during arrests and investigations. He also pointed out that there has been a decrease in the number of individuals affected by violence compared to previous years. However, he said that the Office of the High Commissioner for Human Rights remains concerned by the pervasive high levels of local violence and increased conflict-related sexual violence.
Finally, he stated that the Office, among other parties, is implementing a joint project called “Building Peace Through Promoting Inclusive and Participatory Transitional Justice Processes and Mechanisms in South Sudan”. The project supports the creation of the Truth and Reconciliation Healing Commission, following chapter V of the Revitalized Agreement. It was accompanied by a Reparation Authority and the Hybrid Court. These mechanisms are in accordance with the recommendations given during the UPR of South Sudan and in conjunction with the assistance provided by the Office of the High Commissioner and relevant bodies. The Director said the Office of the High Commissioner recognises and commends the progress made by the Government of South Sudan.
On behalf of the country concerned, the representative of South Sudan indicated his government’s commitment to fully implementing the Revitalized Agreement but stated that there should be more time to implement the Revitalized Agreement. He stated that the graduation of more armed forces would strengthen the capacity for protecting and promoting human rights through enhancing accountability and putting an end to inter-communal violence in the country. To this end, the representative of South Sudan highlighted that the President has created a National Human Rights Council to conduct public awareness, advocacy, monitoring investigations, and provide advice to address human rights violations.
Other delegations present showed concern over the ongoing grave human rights violations in South Sudan, especially sexual violence during the conflict. They also called for the transitional justice mechanisms of the peace agreement to be fully established and adequately funded.
Geneva International Centre for Justice (GICJ) is concerned about the persistent violence, especially sexual violence. GICJ delivered two joint statements during this interactive dialogue to express these concerns. The Government of South Sudan must demonstrate its willingness to end human rights violations and bring perpetrators to justice. Transitional justice in South Sudan should not be postponed. It is paramount that all critical elements of the Revitalized Agreement be implemented, including the Hybrid Court and the Commission. The Office of the High Commissioner and the international community must continue to provide technical support and capacity-building to South Sudan to consolidate its legal and security institutions.
OHCHR Report accuses Russia of Committing Numerous Human rights Violations in Ukraine
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By Conall Corrigan / GICJ
Since the beginning of hostilities in Ukraine in February 2022, those affected by the conflict have endured unspeakable suffering and devastation. This is the view of Mr Christian Salazar Volkmann, Director of the Field Operations and Technical Cooperation Division at the Office of the High Commissioner for Human Rights, who noted that civilians continue to bear the brunt of the ongoing fighting resulting in the widespread denial of human rights in affected areas throughout Ukraine. On the 4th of October, Mr Volkmann presented the report from the Office of the High Commissioner (OHCHR) on the human rights situation in Ukraine between the 1st of February and the 31st of July 2022 during the 51st session of the Human Rights Council (HRC). During his oral update, Mr Volkmann noted that since the OHCHR last updated the Council in July it has increased its presence in Ukraine and conducted more than 1000 interviews with victims and witnesses of human rights violations. His report contains updates on numerous developments within Ukraine including the increasing use of forced deportation by Russian armed forces and affiliated armed groups, the prevalence of conflict-related sexual violence, and the imposition of filtration camps on civilians.
Mr Volkmann reiterated that the OHCHR’s commitment to monitoring the human rights situation in Ukraine is unwavering and that it will continue to report publicly and amplify the voices of victims to the HRC. He lambasted the Russian Federation for its purported annexation of the Ukrainian regions of Donetsk, Luhansk, Kherson and Zaporizhzhia which he stressed would risk imperilling a number of fundamental freedoms and creating obstacles to accessing basic services including healthcare and education. He concluded by appealing to the Council and the international community to do everything in its power to prevent the further escalation of the conflict.
Geneva International Centre for Justice (GICJ) reiterates its condemnation of the ongoing violations of international human rights law (IHRL) and international humanitarian law (IHL) in Ukraine stemming from Russia’s unprovoked aggression. The attempted redrawing of legally recognised international borders by force must be unequivocally condemned by the international community. Such acts significantly impact the well-being of all persons on either side of the redrawn lines and create serious challenges to fulfilling an array of human rights norms. Members of the HRC must continue to exert pressure on the Russian Federation to end its aggression towards Ukraine and encourage all efforts at restoring peace.
Conclusions and Reflections
Resolution to establish a debate on the situation of the Uyghurs in China was rejected: Will "Southern States" ever be leaders in the defense of Human Rights?
By Farah Caïdi / GICJ
The United States of America, along with Norway, introduced a draft resolution to the Human Rights Council, calling for a debate to be held on the “situation of human rights in the Xinjiang Uyghur Autonomous Region”, following the release of the report of the same name last August. The vote on this long awaited resolution may have inspired some hope.
Its only flaw? It was introduced by the United States and only sponsored by western countries…
This has obviously caused China to denounce the politicisation of this draft resolution. On the 6th of October, before the vote, China recalled that it never recognised the report of the High Commissioner on human rights in Xinjiang. They reiterated that they consider the report a breach to their sovereignty and a ”fabric of lies”, despite the numerous credible evidence brought to light for years now.
Special credits must be given to Muslim country members of the council. Not one voted in favour of the resolution. Indonesia, Qatar and Pakistan even took the floor to lamentably justify their vote against. Indonesia, in particular, declared how its country was at the forefront of defending its Muslim’s brothers and sisters’ best interests, only to vote against.
A point of consensus is that all Southern States agreed on denouncing the double standard of some States in the Human Rights Council, and the lack of real weight they have in the face of the double-standard’s games played by powerful nations, like the USA.
Geneva International Centre for justice (GICJ) would like to remind the States that, to be a leader, you need to take strong and courageous steps. This was the occasion for southern countries, especially Muslim countries, to bring a resolution to the table and build a coalition around them. GICJ has always condemned the lack of consistency in the US positions. However, this time, the US has the credit of having done something for Uyghur victims while Muslim countries have stayed silent.
The promotion of the rule of law and accountability for perpetrators is vital for the prevention of human rights atrocities
By Emily Bare / GICJ
Accountability for human rights violations is crucial for upholding the rule of law and preventing impunity.
On the 6th of October 2022, Emily Bare of GICJ observed the discussion regarding the adoption of a draft resolution with a thematic focus on the role of prevention in the promotion and protection of human rights. This resolution focuses on the rule of law and accountability for human rights violations.
The ambassador of Ukraine, on behalf of 6 other submitted countries, stated that efforts by states and the international community are needed to enhance the rule of law and accountability for human rights violations worldwide. She stated that, if adopted, this initiative will inspire further joint efforts from the Council to prevent human rights violations and combat impunity.
The ambassadors of Cuba, India, Venezuela, Paraguay, Lithuania, and China all voiced their opinions regarding the draft resolution, and the President of the Human Rights Council adopted the resolutions without a vote.
Geneva International Centre for Justice (GICJ) welcomes the efforts to increase accountability for human rights violations and promote the rule of law. We are pleased with the adoption of this resolution and will continue to advocate for greater accountability and rule of law through our work.
Resolution to strengthen the journalists' protection accepted by consensus
By Loïc Dorthe / GICJ
Despite their crucial work in providing public access to information, journalists are increasingly targeted in an effort to silence their voices. The Human Rights Council adopted a resolution on 6 October 2022 to strengthen their protection and allow them to work in a safe and enabling environment. All 47 members accepted the resolution by consensus which required no vote.
Journalists are routinely killed, arbitrarily detained, and subject to online abuse and surveillance, for carrying out their work. To counter abuses increasingly perpetrated by governments, the Council adopted resolution H_HRC_51_L.14. It specifically highlights the work of journalists as paramount and urges states to implement concrete measures to this effect. This includes making efforts to address the misuse of national defamation laws against journalists, establishing prevention and protection mechanisms, and ensuring accountability.
All delegations participating in the final discussion welcomed the resolution. They recognised the importance of independent and diverse sources of media to ensure the fulfilment of the right to freedom of expression, to provide access to information, to ensure the proper functioning of democratic institutions, and to ensure respect for human rights norms. Ukraine particularly welcomed the resolution, explaining that since the outbreak of war, 46 journalists have been attacked by Russian forces. The representative reiterated the importance of their work in bringing out the truth about violations of humanitarian law.
Geneva International Centre for Justice (GICJ) welcomes the resolution to protect journalists and hopes that it will improve their working conditions. However, we recall that journalists and media outlets are still being targeted, and many areas of conflict remain inaccessible to journalists.
Taliban abuses against women and girls to be subject to greater scrutiny
By Martin Browne / GICJ
Taliban abuses that undermine women and girls enjoyment of fundamental rights was condemned by a resolution at the Human Rights Council's 51st Session. The Council agreed to extend the mandate of the Special Rapporteur on Afghanistan by a year, with a request to focus on the current situation facing women and girls in Afghanistan. 29 voted in favour, with only 3 countries, led by China voting against.
One notable comment underlined the need for further reports on Afghanistan as this is the only country in the world in which girls are formally prohibited from attending secondary school.
Moreover, countries called for humanitarian assistance to continue to be provided to Afghan people. Critically, the recognised representative of the Afghanistan government-in-exile supported the resolution but called for even stronger action to be taken by states and the creation of a dedicated accountability mechanism capable of documenting every crime and human rights violation.
Geneva International Centre for Justice (GICJ) supports the call for an Afghan-owned process for the establishment of a representative government. Until peace returns and the rights of women and girls are fully respected, all UN mechanisms should pay close attention to the situation in Afghanistan. Extending the mandate of the Special Rapporteur is the least that the international community can do to help those suffering from a deteriorating human rights situation.
Council adopts new resolution to "improve" the human rights' situation in Syria
By Loïc Dorthe / GICJ
Eleven years have passed since the war in the Syrian Arab Republic began. Eleven years of conflict, violence, and violations of human rights and humanitarian law. The conflict is not new to the Human Rights Council, which adopted resolution A/HRC/51/L.18 on the 7th of October 2022 which was a new attempt to improve respect for human rights in Syria. However, this only reiterates past Council positions calling on Syria to respect its international obligations, without suggesting anything significant on top of that.
Delegations could be identifiable split between three groups. The 25 states who voted in favour were mainly European States. They stressed the importance of continuing to put pressure on the Syrian government to comply with its international obligations. The six states against the resolution, led by Syria itself, Russia, and China, emphasised their wish to respect the country's sovereignty and the principle of non-interference. Finally, a third category such as Brazil, abstained.
After eleven years of unresolved problems and continuous human rights violations, Geneva International Centre for Justice (GICJ) is not satisfied with this resolution. After years of unresolved problems, it is clear that the Council lacks the resources and means to improve the situation in Syria, and this new resolution, which merely reiterates what has already been decided and agreed upon previously, will not change one iota of horrors that the Syrian people are suffering.
The only consolation in this respect is, quoting the British representative: "Syria is not forgotten" by the international community. Meanwhile, the Syrian people will continue to suffer and will certainly feel better knowing that the Human Rights Council has not forgotten them.
Joint resolution on terrorism and human rights by Mexico and Egypt
By Rute Belachew / GICJ
Filed by Mexico and Egypt, delegates encouraged the Special Rapporteur to focus on the protection of human rights while combating terrorism. On October 6, 2022, the Human Rights Council met to discuss Item 3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development. During this discussion the delegate of Mexico, Ms. Francisca E. Méndez Escobar, began with a statement about the need to combat terrorism and uphold human rights standards. Moreover, they appealed for increased consideration to be given to the negative impact of terrorism on the enjoyment of fundamental freedoms and to make recommendations to address this issue.
The Council emphasised that, in accordance with their obligations under international law, states must protect individuals within their jurisdiction from terrorist acts. The Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while combatting terrorism wasinvited by the Council to consider the detrimental impact of terrorism on the enjoyment of human rights and fundamental freedoms and to offer suggestions in this respect. After that, without a vote, the resolution (A/HRC/51/L.42) was altered orally.
Geneva International Centre for Justice (GICJ) strongly condemns all acts of terrorism as unjustified and is deeply concerned about how they underminerespect for all human rights. We implore nations to do more to conform with international human rights, refugee, and humanitarian law.
"From rhetoric to reality" resolution to combat racial discrimination approved by the Human Rights Council
By Loïc Dorthe / GICJ
The African Group presented a new resolution to the HRC51 to urge States to implement concrete measures to combat racial discrimination in accordance with the Durban Declaration and Plan of Action (DDPA). On 7 October 2022, the Council voted in favour of resolution A/HRC/51/L.28/Rev.1 by 32 votes to 9.
No European state voted in favour of the resolution, which provoked criticism by other nations. They complained that Western states were responsible for the slave trade and other crimes against humanity, as well as showing the least enthusiasm for fighting racial discrimination. European states justified their vote by lamenting that this resolution is not based on the International Convention on the Elimination of All Forms of Racial Discrimination. Instead, it uses the DDPA, which, according to the EU states and the USA, lacks concrete evaluation mechanisms for its results. All nevertheless reiterated their willingness and determination to combat racial discrimination.
Côte d'Ivoire, Namibia, and other countries welcomed the new resolution to combat racial discrimination, xenophobia and other intolerances. They see it as one of the main priorities of the UN's goal and explain that this resolution will push states to move from words to concrete actions. The resolution is expected to have a budgetary impact of USD 77,000.
As a human rights advocate, Geneva International Centre for Justice (GICJ) welcomes the adoption of this resolution to strengthen international mechanisms to combat racial discrimination. We note the challenges it entails but remain determined that more must be done to combat racial discrimination, xenophobia, and other intolerances, and therefore consider this resolution as a step forward towards more equity and justice.
Resolution requires the OHCHR to submit a report on the development of transitional justice processes worldwide
By Farah Caïdi / GICJ
A resolution introduced by Switzerland, Argentina and Morocco on human rights and transitional justice was adopted by consensus by the Human Rights Council, on the 7th of October. The main request of the States is for the Office of the United Nations High Commissioner for Human Rights (OHCHR) to prepare a report on “lessons learned and good practices of transitional justice in the context of sustaining peace and of sustainable development.” This report will have to be presented at the 58th session of the Human Rights Council, in 2025. The last report on the matter by the OHCHR was released in 2022.
The core group behind this present resolution emphasised the need to give a greater place to mental health and psychological support services for victims during transitional justice processes. These services have to be implemented as early as possible where atrocities are committed. The resolution insisted also on the essential role of women and youth in peacebuilding efforts as well as in the prevention of future conflicts and atrocities. It reiterated the importance of a gender-sensitive human rights training for the actors involved in the transitional justice processes.
Geneva International Centre for Justice (GICJ) welcomes the adoption of this resolution and supports the important role of transitional justice in promoting truth, justice and reparation for the victims of atrocities. We encourage a comprehensive approach that can be successful only if the different actors overseeing the issues of development, security and human rights work collectively.
With the rejection of its 2 amendments, Resolution L12 on Arbitrary Detention stands strong
By Namrata Hazarika / GICJ
To respect and promote the right to legal assistance, the council adopted resolution L.12 on arbitrary detention without a vote. This resolution, proposed by France and co-sponsored by 55 states, stands for and promotes the rights of individuals who have been arrested and/or detained without impartiality. In accordance with Article 14 of the International Covenant on Civil and Political Rights (ICCPR), this resolution advocates for the right of any individual accused of any kind of criminal activity to have professional legal support and representation.
Objections came in the form of 2 amendments, L.43 and L.44, put forward by the Russian Delegation regarding the “Right to Legal Assistance” not being enshrined in international law. Both amendments were rejected. Regarding L.43, 3 states (China, Eritrea and Qatar) voted for it, 27 states voted against it, and 14 abstained. For L.44, only one state (China) voted for it, 26 voted against, and 20 abstained.
With the rejection of the two amendments, the resolution was passed without a vote.
Geneva International Centre for Justice (GICJ) is pleased with the adoption of this resolution and will continue to advocate against arbitrary detentions that hinder the enjoyment of fundamental human rights.
GICJ's Conclusion and Reflections
The 51st Session of the Human Rights Council covered many key topics relating to human rights. Together with partner organisations, GICJ successfully participated in the session by delivering a total of 25 oral statements and producing 22 discussion reports.
Altogether, GICJ shed light on several human rights issues by addressing numerous forms of violence and degrading or inhuman treatment, emphasising the importance of an independent judicial system, reiterating the key principles of fairness and non-discrimination, advocating for the respect of the rule of law, promoting intercultural awareness, and fighting impunity.
We are especially disappointed by the Council's failure to open a debate on the human rights situation in the Chinese Xinjiang Autonomous Region (XUAR, East Turkestan). The growing evidence of human rights breaches suffered by the Muslim minority, including the Uyghurs, is irrefutable and the international community must not remain silent on this issue. We recall that alleged crimes were not only revealed by NGOs, but by the United Nations itself through the last report from former Human Rights High Commissioner Michel Bachelet in August 2022. This failure is a clear sign of some states' unwillingness to confront the People’s Republic of China on its international obligations in fear of economic sanctions. Such a situation is an obvious area where the UN must find a solution to improve its capability of defending human rights worldwide.
The continuous debate surrounding the Myanmar case was also an important matter of the HRC51. While GICJ recognises the efforts made by some states, we are still disappointed by the inaction of others, including certain neighbouring states, who have failed to take measures against the military junta. The human rights record of the Tatmadaw has been appalling since its seizure of power in 2021. The alleged crimes committed by the military junta are numerous and include the mass arbitrary detention of political opponents, use of torture and gender violence including sexual rape, and extreme discrimination against certain minorities including elements of Genocide against the Rohingyas. GICJ hopes that the ASEAN, which showed their determination to improve the Myanmar situation with regional coordination, will succeed in assembling all neighbouring states in an effort to bring back peace, stability, and respect for human rights within Myanmar. In the meantime, it is the responsibility of all states to cease economic affairs with the military and to impose a strict arms embargo on the country to avoid further human rights violations.
The brutal repression of peaceful demonstrators in Iran who are seeking more freedom was a sensitive topic during HRC51. The international community was quick to denounce the misdeeds of the government, which is accused of alleged human rights crimes against its own people. This includes arbitrary mass detention, the use of torture and gender-based violence, as well as the widespread repression of the freedom of assembly and expression. The Human Rights Council could find agreement with a resolution opening a special session of the instabilities in Iran. While this act is a first step, GICJ is concerned that the government’s grip on the country is not reducing, while alleged crimes continue to be committed.
Six months after the Russian invasion of Ukraine, the human rights situation in the region is of particular concern. Total territorial invasions have a huge impact on civilians who too often must bear the burden of the war. The alleged crimes committed by soldiers, including deliberate attacks on civilians, use of civilians as human shields, attack on civilian infrastructures such as schools, hospitals and civilian homes, and gender-based violence including rape must be investigated. We especially condemn the lack of safe passages that must be insured by all armies during wartime. Finally, with the upcoming winter, GICJ is further concerned that the effect on civilians is going to increase in the coming months. We urge the international community to contribute to resolving this war rapidly and call for a withdrawal of all Russian troops within Ukrainian territory. However, with the Russian Federation being one of the five permanent members of the UN Security Council, we fear that a concrete solution will be hard to achieve in the upcoming months, increasing the damages of war on civilians.
Finally, the human rights situation in Afghanistan was seen as particularly concerning. While the international community continues to condemn the practice of the Taliban, who reconquered the country in the summer of 2021, their decisions and practices have contributed to a worsening of the country’s human rights situation. GICJ is particularly concerned that the Human Rights Council has failed to tackle numerous instances of human rights breaches in Afghanistan, particularly the Taliban’s clear will to erase women and girls from society. With schools, universities, and most of the working sectors being prohibited to women, the urgency of the situation cannot be more dramatic. We urge the international community to increase their involvement in this issue and implement all measures at their disposal to ensure human rights for all Afghan people.
These are only some of the numerous issues tackled by the Human Rights Council. We reiterate the importance of highlighting, debating, and improving the situation of those whose human rights are violated. It is the right of every human being to benefit from such basic rights, and such international mechanisms are fundamental to achieving this goal. It is nevertheless important to reiterate that it necessitates the need for political cooperation, negotiations, goodwill, and sometimes more drastic measures to achieve them. We call on the entire international community to contribute to the full and effective functioning of these highly important mechanisms.
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