Teacher, education adviser and politician who worked tirelessly to improve the lives of children in Britain and abroad
Doreen Massey, Lady Massey of Darwen, who has died of cancer aged 85, devoted a long and busy working life primarily to improving the lives of children and young people in Britain and, subsequently, as a member of the Council of Europe, further afield. She believed in an inclusive society and sought to challenge discrimination, to defend human rights and, whenever possible, to speak on behalf of those who did not themselves have a voice.
Massey was acclaimed for her considerable ethical contribution to a number of issues in public life, notably on education, marriage equality, LGBTQ+ rights, sexual health and the misuse of drugs and alcohol. She was a forthright, brave woman who lived life according to the values she espoused, and in consequence was as widely popular in parliaments as she had once been as a schoolteacher in the playground.
University campuses around the world have been the stage of a growing number of protests by students demanding academic institutions divest from companies supplying arms to Israel.
The protests, which first spread across college campuses in the US, have reached universities in the UK, the rest of Europe, as well as Lebanon and India.
More than 100 students have occupied Ghent University in the first European protest to fuse demands about Gaza and the climate crisis.
Ghent’s centrepiece UFO building was peacefully taken over by students calling for concrete action to meet the university’s 2030 climate plans, and asking the university to cut ties with institutions connected to the Israeli military.
Maria Helena Vieira da Silva (Portugal), A Poesia Está Na Rua I [Poetry Is out on the Street I], 1974.
Fifty years ago, on 25 April 1974, the people of Portugal took to the streets of their cities and towns in enormous numbers to overthrow the fascist dictatorship of the Estado Novo (‘New State’), formally established in 1926. Fascist Portugal – led first by António de Oliveira Salazar until 1968 and then by Marcelo Caetano – was welcomed into the North Atlantic Treaty Organisation (NATO) in 1949, the United Nations in 1955, and the Organisation for Economic Co-operation and Development in 1961 and signed a pact with the European Economic Community in 1972. The United States and Europe worked closely with the Salazar and Caetano governments, turning a blind eye to their atrocities.
Over a decade ago, I visited Lisbon’s Aljube Museum – Resistance and Freedom, which was a torture site for political prisoners from 1928 to 1965. During this time, tens of thousands of trade unionists, student activists, communists, and rebels of all kinds were brought there to be tortured, and many were killed – often with great cruelty. The ordinariness of this brutality permeates the hundreds of stories preserved in the museum. For instance, on 31 July 1958, torturers took the welder Raúl Alves from Aljube Prison to the third floor of the secret police’s headquarters and threw him to his death. Heloísa Ramos Lins, the wife of Brazil’s ambassador to Portugal at the time, Álvaro Lins, drove by at that moment, saw Alves’ fatal fall, and told her husband. When the Brazilian embassy approached the Portuguese Interior Ministry to ask what had happened, the Estado Novo dictatorship responded, ‘There is no reason to be so shocked. It is merely an unimportant communist’.
John Green (England), Peasants in Beja Demanding Agrarian Reform, 1974.
It was ‘unimportant communists’ like Raúl Alves who initiated the revolution of 25 April, which built on a wave of workers’ actions across 1973, beginning with the airport workers in Lisbon and then spreading to textile workers’ strikes in Braga and Covilha, engineering workers’ strikes in Aveiro and Porto, and glass workers’ strike in Marinha Grande.
Around this time, the dictator Caetano read Portugal and the Future, written by General António de Spínola who was trained by commanders of the fascist General Francisco Franco during the Spanish Civil War, led a military campaign in Angola, and was formerly the Estado Novo’s governor in Guinea-Bissau. Spínola’s book argued that Portugal should end its colonial occupation since it was losing its grip on Portuguese-controlled Africa. In his memoirs, Caetano wrote that when he finished the book, he understood ‘that the military coup, which I could sense had been coming, was now inevitable’.
What Caetano did not foresee was the unity between workers and soldiers (who themselves were part of the working class) that burst through in April 1974. The soldiers were fed up with the colonial wars, which – despite the great brutality of the Estado Novo – had failed to quell the ambitions of the people of Angola, Cape Verde, Guinea-Bissau, Mozambique, and São Tomé and Príncipe. The advances made by the African Party for the Independence of Guinea-Bissau and Cape Verde (PAIGC), Front for the Liberation of Mozambique (FRELIMO), and People’s Movement for the Liberation of Angola (MPLA) were considerable, with Portugal’s army losing more soldiers than at any time since the eighteenth century. Several of these formations received assistance from the USSR and East Germany (DDR), but it was through their own strength and initiative that they ultimately won the battles against colonialism (as our colleagues at the International Research Centre on the DDR have documented).
Mário Macilau (Mozambique), Bending Reality: Untitled (2), from The Profit Corner series, 2016.
On 9 September 1973, soldiers who had been sent to Guinea-Bissau met in Portugal to form the Armed Forces Movement (MFA). In March 1974, the MFA approved its programme Democracy, Development, and Decolonisation, drafted by the Marxist soldier Ernesto Melo Antunes. When the revolution erupted in April, Antunes explained, ‘A few hours after the start of the coup, on the same day, the mass movement began. This immediately transformed it into a revolution. When I wrote the programme of the MFA, I had not predicted this, but the fact that it happened showed that the military was in tune with the Portuguese people’. When Antunes said the ‘military’, he meant the soldiers, because those who formed the MFA were not more senior than captains and remained rooted in the working class from which they had come.
In December 1960, the United Nations General Assembly proclaimed the ‘necessity of bringing to a speedy and unconditional end colonialism in all its forms and manifestation’. This position was rejected by the Estado Novo regime. On 3 August 1959, Portuguese colonial soldiers fired on sailors and dockworkers at Pidjiguiti at the Port of Bissau, killing over fifty people. On 16 June 1960, in the town of Mueda (Mozambique), the Estado Novo colonialists fired on a small, unarmed demonstration of national liberation advocates who had been invited by the district administrator to present their views. It is still not known how many people were killed. Then, on 4 January 1961, a strike at Baixa do Cassange (Angola) was met with Portuguese repression, killing somewhere between 1,000 and 10,000 Angolans. These three incidents showed that the Portuguese colonialists were unwilling to tolerate any civic movement for independence. It was the Estado Novo that imposed the armed struggle on these parts of Africa, moving the PAIGC, MPLA, and FRELIMO to take up guns.
Agostinho Neto (1922–1979) was a communist poet, a leader of the MPLA, and the first president of independent Angola. In a poem called ‘Massacre of São Tomé’, Neto captured the feeling of the revolts against Portuguese colonialism:
It was then that in eyes on fire
now with blood, now with life, now with death,
we buried our dead victoriously
and on the graves recognised
the reason for these men’s sacrifice
for love,
and for harmony,
and for our freedom
even while facing death, through the force of time
in blood-stained waters
even in the small defeats that accumulate towards victory
Within us
the green land of São Tomé
will also be the island of love.
That island of love was not just to be built across Africa, from Praia to Luanda, but also across Portugal. On 25 April 1974, Celeste Caeiro, a forty-year-old waitress, was working at a self-service restaurant called Sir in the Franjinhas building on Braancamp Street in Lisbon. Since it was the restaurant’s one-year anniversary, the owner decided to hand out red carnations to the customers. When Celeste told him about the revolution, he decided to shut down Sir for the day, give employees the carnations, and encourage the employees to take the carnations home. Instead, Celeste headed to the city centre, where events were unfolding. On the way, some soldiers asked her for a cigarette, but instead, she put a few carnations into the barrels of their guns. This caught on, and the florists of Baixa decided to give away their in-season red carnations to be the emblem of the revolution. That is why the 1974 revolution was called the Carnation Revolution, a revolution of flowers against guns.
Portugal’s social revolution of 1974–1975 swept large majorities of people into a new sensibility, but the state refused to capitulate. It inaugurated the Third Republic, whose presidents all came from the ranks of the military and the National Salvation Junta: António de Spínola (April–September 1974), Francisco da Costa Gomes (September 1974–July 1976), and António Ramalho Eanes (July 1976–March 1986). These were not men from the ranks, but the old generals. Nonetheless, they were eventually forced to surrender the old structures of Estado Novo colonialism and withdraw from their colonies in Africa.
Bertina Lopes (Mozambique), Omenagem a Amílcar Cabral [Tribute to Amílcar Cabral], 1973.
Amílcar Cabral (1924–1973), who was born one hundred years ago this September and who did more than many to build the African formations against Estado Novo colonialism, did not live to see the independence of Portugal’s African colonies. At the 1966 Tricontinental conference in Havana, Cuba, Cabral warned that it was not enough to get rid of the old regime, and that even more difficult than overthrowing the regime itself would be to build the new world out of the old, from Portugal to Angola, Cape Verde to Guinea-Bissau, Mozambique to São Tomé and Príncipe. The main struggle after decolonisation, Cabral said, is the ‘struggle against our own weaknesses’. This ‘battle against ourselves’, he continued, ‘is the most difficult of all’ because it is a battle against the ‘internal contradictions’ of our societies, the poverty borne of colonialism, and the wretched hierarchies in our complex cultural formations.
Led by people like Cabral, liberation struggles in Africa not only won independence in their own countries; they also defeated Estado Novo colonialism and helped bring democracy to Europe. But that was not the end of the struggle. It opened new contradictions, many of which linger today in different forms. As Cabral often said as the closing words to his speeches, a luta continua. The struggle continues.
Rights chief also warns Britain will be ‘judged harshly by history for its failure to help prevent civilian slaughter in Gaza’
The UK has been accused by Amnesty International of “deliberately destabilising” human rights on the global stage for its own political ends.
In its annual global report, released today, the organisation said Britain was weakening human rights protections nationally and globally, amid a near-breakdown of international law.
In the 1960s the birthrate in Greenland was one of the highest in the world. Then it plunged. Decades later, women have finally begun speaking out about what happened
Bula Larson was 14 when one day she and her friends were told to go to the hospital. Bula lived in Greenland and was Inuit like most of the population of the island, which is an autonomous territory of Denmark. At the hospital she and her friends lined up, and one-by-one were told to enter a room. Bula recalls how she was asked to sit on a bed with ‘cold metal stirrups’ where, to her shock, she was fitted with an IUD, a contraceptive coil she had never asked for or agreed to have.
Today, more than 100 women are suing the Danish government for a policy of forced contraception. Helen Pidd hears how thousands of Inuit women and girls – some aged just 13 – were fitted with coils. Many say this was done without their or their parents’ consent, and caused lasting damage.
In his latest stop on a tour of several European countries aimed at gathering support for recognizing a Palestinian state, Spanish Prime Minister Pedro Sánchez joined his Slovenian counterpart on Tuesday in calling to make the diplomatic move to help secure an end to the Israeli-Palestinian conflict. Palestine is already recognized as a state by the vast majority of United Nations members — 139…
Foreign Office officials are holding secret talks with the paramilitary group that has been waging a campaign of ethnic cleansing in Sudan for the past year.
News that the British government and the Rapid Support Forces (RSF) are engaged in clandestine negotiations has prompted warnings that such talks risk legitimising the notorious militia – which continues to commit multiple war crimes – while undermining Britain’s moral credibility in the region.
This week, in a landmark case, the European court of human rights ruled that Switzerland’s weak climate policy had violated the rights of a group of older Swiss women to family life. Ian Sample talks to Europe environment correspondent Ajit Niranjan about why the women brought the case and what the ruling could mean for future climate policy.
Long-awaited package of measures marks victory for Europe’s centre albeit with ‘doubts and concerns’ over implementation
Almost a decade in the making, the EU’s new migration and asylum pact suffered so many setbacks, stalemates and rewrites that when member states finally announced a deal last year, its passage through parliament seemed assured.
That was, however, to ignore the objections of Europe’s resurgent far-right parties, who felt it was not tough enough (and, perhaps, hoped to profit at the ballot box from allowing the current chaos around migration to continue).
By seemingly giving carte blanche to Israel, the EU has sacrificed hard-won credibility with civil society in Africa, Asia and the Middle East
The European Union’s failure to hold Israel to account for violations of international law in Gaza has blown a gaping hole through its claims to be a values-based defender of international rules, democracy and human rights. Accusations of double standards have come hard and fast from governments in the global south, with many contrasting Europe’s unequivocal condemnation of the Russian invasion of Ukraine with its reluctance to call out Israel’s devastation of Gaza.
“Rarely will anyone soon in the global south listen when western politicians insist on international law,” the Middle East analyst Amro Ali argued recently. This is the kind of observation that causes justifiable concern in Brussels.
Shada Islam is a Brussels-based commentator on EU affairs
Proponents of legislation for bloc say it will take away far-right arguments but critics claim the opposite
The European parliament is to vote on Wednesday on sweeping new laws to overhaul its migration policy amid renewed criticism that it is feeding the agenda of the extreme right rather than protecting vulnerable people.
Ylva Johansson, the home affairs commissioner who was the driving force behind the legislation, said on Tuesday that with the reforms aimed at “managing migration in an orderly way”, the 27-member bloc was taking a step towards neutralising the populist far right.
After six months – and many tens of thousands of dead and maimed Palestinian women and children later – western commentators are finally wondering whether something may be amiss with Israel’s actions in Gaza.
Three missiles, fired over several minutes, struck vehicles in a World Central Kitchen (WCK) aid convoy heading up Gaza’s coast on one of the few roads still passable after Israel turned the enclave’s homes and streets into rubble. All the vehicles were clearly marked. All were on an approved, safe passage. And the Israeli military had been given the coordinates to track the convoy’s location.
With precise missile holes through the vehicle roofs making it impossible to blame Hamas for the strike, Israel was forced to admit responsibility. Its spokespeople claimed an armed figure had been seen entering the storage area from which the aid convoy had departed.
But even that feeble, formulaic response could not explain why the Israeli military hit cars in which it was known there were aid workers. So Israel hurriedly promised to investigate what Prime Minister Benjamin Netanyahu described as a “tragic incident”.
Israel deeply regrets the tragic incident which claimed the lives of seven humanitarian aid workers.
Our hearts go out to their families and to their home countries.
The IDF is conducting a swift and transparent investigation and we will make our findings public.
Israel…
— Benjamin Netanyahu – ?????? ?????? (@netanyahu) April 2, 2024
Presumably, it was a “tragic incident” just like the 15,000-plus other “tragic incidents” – the ones we know about – that Israel has committed against Palestinian children day after day for six months.
In those cases, of course, western commentators always managed to produce some rationalisation for the slaughter.
Not this time.
“This has to stop”
Half a year too late, with Gaza’s entire medical infrastructure wrecked by Israel and a population on the brink of starvation, Britain’s Independent newspaper suddenly found its voice to declare decisively on its front page: “Enough.”
Richard Madeley, host of Good Morning Britain, finally felt compelled to opine that Israel had carried out an “execution” of the foreign aid workers. Presumably, 15,000 Palestinian children were not executed, they simply “died”.
When it came to the killing of WCK staff, popular LBC talk-show host Nick Ferrari concluded that Israel’s actions were“indefensible”. Did he think it defensible for Israel to bomb and starve Gaza’s children month after month?
'It could've been our missiles that killed them.' @NickFerrariLBC calls for the suspension of arms sales to Israel after an Israeli airstrike on Gaza killed seven aid workers, including three Brits. pic.twitter.com/HK4PfHy2JU
Like the Independent, he too proclaimed: “This has to stop.”
The attack on the WCK convoy briefly changed the equation for the western media. Seven dead aid workers were a wake-up call when many tens of thousands of dead, maimed and orphaned Palestinian children had not been.
A salutary equation indeed.
British politicians reassured the public that Israel would carry out an “independent investigation” into the killings. That is, the same Israel that never punishes its soldiers even when their atrocities are televised. The same Israel whose military courts find almost every Palestinian guilty of whatever crime Israel chooses to accuse them of, if it allows them a trial.
But at least the foreign aid workers merited an investigation, however much of a foregone conclusion the verdict. That is more than the dead children of Gaza will ever get.
Israel’s playbook
British commentators appeared startled by the thought that Israel had chosen to kill the foreigners working for World Central Kitchen – even if those same journalists still treat tens of thousands of dead Palestinians as unfortunate “collateral damage” in a “war” to “eradicate Hamas”.
But had they been paying closer attention, these pundits would understand that the murder of foreigners is not exceptional. It has been central to Israel’s occupation playbook for decades – and helps explain what Israel hopes to achieve with its current slaughter of Palestinians in Gaza.
Back in the early 2000s, Israel was on another of its rampages, wrecking Gaza and the West Bank supposedly in “retaliation” for Palestinians having had the temerity to rise up against decades of military occupation.
Shocked by the brutality, a group of foreign volunteers, a significant number of them Jewish, ventured into these areas to witness and document the Israeli military’s crimes and act as human shields to protect Palestinians from the violence.
They arrived under the mantle of the International Solidarity Movement (ISM), a Palestinian-led initiative. They were keen to use what were then new technologies such as digital cameras, email and blogs to focus attention on the Israeli military’s atrocities.
Some became a new breed of activist journalist, embedded in Palestinian communities to report the story western establishment journalists, embedded in Israel, never managed to cover.
Israel presented the ISM as a terrorist group and dismissed its filmed documentation as “Pallywood” – a supposedly fiction-producing industry equated to a Palestinian Hollywood.
Gaza isolated
But the ISM’s evidence increasingly exposed the “most moral army in the world” for what it really was: a criminal enterprise there to enforce land thefts and the ethnic cleansing of Palestinians.
Israel needed to take firmer action.
The evidence suggests soldiers received authorisation to execute foreigners in the occupied territories. That included young activists such as Rachel Corrie and Tom Hurndall; James Miller, an independent filmmaker who ventured into Gaza; and even a United Nations official, Iain Hook, based in the West Bank.
This rapid spate of killings – and the maiming of many other activists – had the intended effect. The ISM largely withdrew from the region to protect its volunteers, while Israel formally banned the group from accessing the occupied territories.
Meanwhile, Israel denied press credentials to any journalist not sponsored by a state or a billionaire-owned outlet, kicking them out of the region.
Al Jazeera, the one critical Arab channel whose coverage reached western audiences, found its journalists regularly banned or killed, and its offices bombed.
The battle to isolate the Palestinians, freeing Israel to commit atrocities unmonitored, culminated in Israel’s now 17-year blockade of Gaza. It was sealed off.
With the enclave completely besieged by land, human rights activists focused their efforts on breaking the blockade via the high seas. A series of “freedom flotillas” tried to reach Gaza’s coast from 2008 onwards. Israel soon managed to stop most of them.
The largest was led by the Mavi Marmara, a Turkish vessel laden with aid and medicine. Israeli naval commandos stormed the ship illegally in international waters in 2010, killing 10 foreign aid workers and human rights activists on board and injuring another 30.
That is the proper context for understanding the latest attack on the WCK aid convoy.
Israel has always had four prongs to its strategy towards the Palestinians. Taken together, they have allowed Israel to refine its apartheid-style rule, and are now allowing it to implement its genocidal policies undisturbed.
The first is to incrementally isolate the Palestinians from the international community.
The second is to make the Palestinians entirely dependent on the Israeli military’s goodwill, and create conditions that are so precarious and unpredictable that most Palestinians try to vacate their historic homeland, leaving it free to be “Judaised”.
Third, Israel has crushed any attempt by outsiders – especially the media and human rights monitors – to scrutinise its activities in real-time or hold it to account.
And fourth, to achieve all this, Israel has needed to erode piece by piece the humanitarian protections that were enshrined in international law to stop a repeat of the common-place atrocities against civilians during the Second World War.
This process, which had been taking place over years and decades, was rapidly accelerated after Hamas’ attack on 7 October. Israel had the pretext to transform apartheid into genocide.
Unrwa, the main United Nations refugee agency, which is mandated to supply aid to the Palestinians, had long been in Israel’s sights, especially in Gaza. It has allowed the international community to keep its foot in the door of the enclave, maintaining a lifeline to the population there independent of Israel, and creating an authoritative framework for judging Israel’s human rights abuses. Worse, for Israel, Unrwa has kept alive the right of return – enshrined in international law – of Palestinian refugees expelled from their original lands so a self-declared Jewish state could be built in their place.
Israel leapt at the chance to accuse Unrwa of being implicated in the 7 October attack, even though it produced zero evidence for the claim. Almost as enthusiastically, western states turned off the funding tap to the UN agency.
The Biden administration appears keen to end UN oversight of Gaza by hiving off its main aid role to private firms. It has been one of the key sponsors of WCK, led by a celebrity Spanish chef with ties to the US State Department.
WCK, which has also been building a pier off Gaza’s coast, was expected to be an adjunct to Washington’s plan to eventually ship in aid from Cyprus – to help those Palestinians who, over the next few weeks, do not starve to death.
Until, that is, Israel struck the aid convoy, killing its staff. WCK has pulled out of Gaza for the time being, and other private aid contractors are backing off, fearful for their workers’ safety.
Goal one has been achieved. The people of Gaza are on their own. The West, rather than their saviour, is now fully complicit not only in Israel’s blockade of Gaza but in its starvation too.
Life and death lottery
Next, Israel has demonstrated beyond doubt that it regards every Palestinian in Gaza, even its children, as an enemy.
The fact that most of the enclave’s homes are now rubble should serve as proof enough, as should the fact that many tens of thousands there have been violently killed. Only a fraction of the death toll is likely to have been recorded, given Israel’s destruction of the enclave’s health sector.
Israel’s levelling of hospitals, including al-Shifa – as well as the kidnapping and torture of medical staff – has left Palestinians in Gaza completely exposed. The eradication of meaningful healthcare means births, serious injuries and chronic and acute illnesses are quickly becoming a death sentence.
Israel has intentionally been turning life in Gaza into a lottery, with nowhere safe.
According to a new investigation, Israel’s bombing campaign has relied heavily on experimental AI systems that largely automate the killing of Palestinians. That means there is no need for human oversight – and the potential limitations imposed by a human conscience.
Israeli website 972 found that tens of thousands of Palestinians had been put on “kill lists” generated by a program called Lavender, using loose definitions of “terrorist” and with an error rate estimated even by the Israeli military at one in 10.
Another programme called “Where’s Daddy?” tracked many of these “targets” to their family homes, where they – and potentially dozens of other Palestinians unlucky enough to be inside – were killed by air strikes.
An Israeli intelligence official told 972: “The IDF bombed them in homes without hesitation, as a first option. It’s much easier to bomb a family’s home. The system is built to look for them in these situations.”
As so many of these targets were considered to be “junior” operatives, of little military value, Israel preferred to use unguided, imprecise munitions – “dumb bombs” – increasing dramatically the likelihood of large numbers of other Palestinians being killed too.
Or, as another Israeli intelligence official observed: “You don’t want to waste expensive bombs on unimportant people – it’s very expensive for the country and there’s a shortage [of smart bombs].”
That explains how entire extended families, comprising dozens of members, have been so regularly slaughtered.
Separately, Israel’s Haaretz newspaper reported on 31 March that the Israeli military has been operating unmarked “kill zones” in which anyone moving – man, woman or child – is in danger of being shot dead.
Or, as a reserve officer who has been serving in Gaza told the paper: “In practice, a terrorist is anyone the IDF has killed in the areas in which its forces operate.”
This, Haaretz reports, is the likely reason why soldiers gunned down three escaped Israeli hostages who were trying to surrender to them.
Palestinians, of course, rarely know where these kill zones are as they desperately scour ever larger areas in the hope of finding food.
If they are fortunate enough to avoid death from the skies or expiring from starvation, they risk being seized by Israeli soldiers and taken off to one of Israel’s black sites. There, as a whistleblowing Israeli doctor admitted last week, unspeakable, Abu Ghraib-style horrors are being inflicted on the inmates.
Goal two has been achieved, leaving Palestinians terrified of the Israeli military’s largely random violence and desperate to find an escape from the Russian roulette Israel is playing with their lives.
Reporting stifled
Long ago, Israel barred UN human rights monitors from accessing the occupied territories. That has left scrutiny of its crimes largely in the hands of the media.
Independent foreign reporters have been barred from the region for some 15 years, leaving the field to establishment journalists serving state and corporate media, where there are strong pressures to present Israel’s actions in the best possible light.
That is why the most important stories about 7 October and the Israeli military’s actions in Gaza and treatment of Palestinian prisoners in Israel have been broken by Israeli-based media – as well as small, independent western outlets that have highlighted its coverage.
Since 7 October, Israel has barred all foreign journalists from Gaza, and western reporters have meekly complied. None have been alerting their audience to this major assault on their supposed role as watchdogs.
Israeli spokespeople, well-practised in the dark arts of deception and misdirection, have been allowed to fill the void in London studios.
What on-the-ground information from Gaza has been reaching western publics – when it is not suppressed by media outlets either because it would be too distressing or because its inclusion would enrage Israel – comes via Palestinian journalists. They have been showing the genocide unfolding in real-time.
But for that reason, Israel has been picking them off one by one – just as it did earlier with Rachel Corrie and Tom Hurndall – as well as murdering their extended families as a warning to others.
The one international channel that has many journalists on the ground in Gaza and is in a position to present its reporting in high-quality English is Al Jazeera.
The list of its journalists killed by Israel has grown steadily longer since 7 October. Gaza bureau chief Wael al-Dahdouh has had most of his family executed, as well as being injured himself.
His counterpart in the West Bank, Shireen Abu Akhleh, was shot dead by an Israeli army sniper two years ago.
Perhaps unsurprisingly, Israel rushed a law through its parliament last week to ban Al Jazeera from broadcasting from the region. Israeli Prime Minister Benjamin Netanyahu called it a “terror channel”, claiming it participated in Hamas’ 7 October attack.
Al Jazeera had just aired a documentary revisiting the events of 7 October. It showed that Hamas did not commit the most barbaric crimes Israel accuses it of, and that, in fact, in some cases Israel was responsible for the most horrifying atrocities against its own citizens that it had attributed to Hamas.
Al Jazeera and human rights groups are understandably worried about what further actions Israel is likely to take against the channel’s journalists to snuff out its reporting.
Palestinians in Gaza, meanwhile, fear that they are about to lose the only channel that connects them to the outside world, both telling their stories and keeping them informed about what the watching world knows of their plight.
Goal three has been achieved. The lights are being turned off. Israel can carry out in the dark the potentially ugliest phase of its genocide, as Palestinian children emaciate and starve to death.
Rulebook torn up
And finally, Israel has torn up the rulebook on international humanitarian law intended to protect civilians from atrocities, as well as the infrastructure they rely on.
Israel has destroyed universities, government buildings, mosques, churches and bakeries, as well as, most critically, medical facilities.
Over the past six months, hospitals, once sacrosanct, have slowly become legitimate targets, as have the patients inside.
Collective punishment, absolutely prohibited as a war crime, has become the norm in Gaza since 2007, when the West stood mutely by as Israel besieged the enclave for 17 years.
Now, as Palestinians are starved to death, as children turn to skin and bones, and as aid convoys are bombed and aid seekers are shot dead, there is still apparently room for debate among the western media-political class about whether this all constitutes a violation of international law.
Even after six months of Israel bombing Gaza, treating its people as “human animals” and denying them food, water and power – the very definition of collective punishment – Britain’s deputy prime minister, Oliver Dowden, apparently believes Israel is, unfairly, being held to “incredibly high standards”. David Lammy, shadow foreign secretary for the supposedly opposition Labour party, still has no more than “serious concerns” that international law may have been breached.
Neither party yet proposes banning the sale of British arms to Israel, arms that are being used to commit precisely these violations of international law. Neither is referencing the International Court of Justice’s ruling that Israel is “plausibly” committing genocide.
Meanwhile, the main political conversation in the West is still mired in delusional talk about how to revive the fabled “two-state solution”, rather than how to stop an accelerating genocide.
The reality is that Israel has ripped up the most fundamental of the principles in international law: “distinction” – differentiating between combatants and civilians – and “proportionality” – using only the minimum amount of force needed to achieve legitimate military goals.
The rules of war are in tatters. The system of international humanitarian law is not under threat, it has collapsed.
Every Palestinian in Gaza now faces a death sentence. And with good reason, Israel assumes it is untouchable.
Despite the background noise of endlessly expressed “concerns” from the White House, and of rumours of growing “tensions” between allies, the US and Europe have indicated that the genocide can continue – but must be carried out more discreetly, more unobtrusively.
The killing of the World Central Kitchen staff is a setback. But the destruction of Gaza – Israel’s plan of nearly two decades’ duration – is far from over.
Court finds in favour of group of older Swiss women who claimed weak policies put them at greater risk of death from heatwaves
Weak government climate policies violate fundamental human rights, the European court of human rights has ruled.
In a landmark decision on one of three major climate cases, the first such rulings by an international court, the ECHR raised judicial pressure on governments to stop filling the atmosphere with gases that make extreme weather more violent.
Western governments could once be confident of protecting their friends. Nicaragua’s case shows those days are gone
The case brought by Nicaragua against Germany at the international court of justice (ICJ) in The Hague this week is a powerful example of the unprecedented political impact that the Gaza conflict is having around the world. Most obviously, Israel’s continuing assault after the 1,200 brutal murders and about 240 kidnappings by Hamas on 7 October has had a deadly impact on Palestinians. More than 30,000 people in Gaza have been killed, and a famine is now looming. The conflict has also opened up a division between the global north and south in a way not seen before.
Nicaragua’s case focuses on Germany’s supply of arms to Israel – the country supplied more than €326m (£258m) last year, which equated to more than a quarter of Israel’s military imports. It also calls on Germany to restore Gaza funding to Unrwa, the UN agency that provides Palestinians with humanitarian aid. Nicaragua says the arms sales mean Germany is “facilitating” genocide. On Monday, it accused Germany of doing “business as usual – or better than usual” because of its burgeoning weapons sales.
Western governments could once be confident of protecting their friends. Nicaragua’s case shows those days are gone
The case brought by Nicaragua against Germany at the international court of justice (ICJ) in The Hague this week is a powerful example of the unprecedented political impact that the Gaza conflict is having around the world. Most obviously, Israel’s continuing assault after the 1,200 brutal murders and about 240 kidnappings by Hamas on 7 October has had a deadly impact on Palestinians. More than 30,000 people in Gaza have been killed, and a famine is now looming. The conflict has also opened up a division between the global north and south in a way not seen before.
Nicaragua’s case focuses on Germany’s supply of arms to Israel – the country supplied more than €326m (£258m) last year, which equated to more than a quarter of Israel’s military imports. It also calls on Germany to restore Gaza funding to Unrwa, the UN agency that provides Palestinians with humanitarian aid. Nicaragua says the arms sales mean Germany is “facilitating” genocide. On Monday, it accused Germany of doing “business as usual – or better than usual” because of its burgeoning weapons sales.
The Committee to Protect Journalists, as part of the Coalition Against SLAPPs in Europe (CASE), issued a Friday statement welcoming the Council of Europe’s adoption of recommendations on countering the use of SLAPPs.
Strategic lawsuits against public participation, known as SLAPPs, are civil or criminal suits typically brought by individuals, institutions, or corporations to burden journalists and others with the distraction and cost of a legal defense—even if the plaintiffs do not expect to win the case.
The recommendations were published after public consultations in July 2023 and a two-year drafting process, which CASE praised for its transparency and inclusiveness. An April 5 statement by CASE said that if genuinely implemented, the recommendations could significantly limit the damage caused by SLAPPs.
CASE is a coalition of non-governmental organizations united in recognition of the threat posed to public watchdogs by SLAPPs.
On 30 March 2024 Dunja Mijatović ended her term as Council of Europe Commissioner for Human Rights and the next day the new Commissioner, Michael O’Flaherty, started his work.
“… Over the past six years, I have witnessed the extraordinary commitment to human rights displayed by partners of my Office, and by ordinary citizens in the face of an ever-changing landscape of politics, technology and social issues. At the same time, I have seen the harm that the current challenges to human rights can do to our societies. The escalation of conflicts, most notably Russia’s full-scale invasion of Ukraine, has underlined the fragility of peace and the dire consequences of disregarding international law and human rights…
Throughout my tenure, the dedication of NGOs, journalists, activists and other partners has been a constant source of inspiration. Their unwavering commitment to the defence of human rights, often at great personal risk, has reinforced my belief in the power of collective action and the enduring relevance of our principles.
As my term ends, I am encouraged by the progress that has been made in the field of human rights, but mindful of the work that remains to be done. It is important to continue engaging on issues related to the environment and artificial intelligence…Finally, there is a crucial need to engage with and to enable the full participation of young people and their organisations in all future discussions. Governments should empower young people to make choices and meaningfully influence their future.
The Council of Europe’s new Commissioner for Human Rights, Michael O’Flaherty, begins his six-year mandate today with a pledge to put human rights at the heart of member states’ agendas.
“I intend to inject a human rights perspective into the greatest challenges facing our societies,” said O’Flaherty, noting that he intends to carry out his first visit as Commissioner to Ukraine. “I can think of nothing more urgent than addressing the human rights consequences of Russia’s full-scale invasion of Ukraine, which has caused terrible human suffering and destruction“.
The Commissioner also identified other areas where stronger human rights protection is urgently needed, including the climate crisis, the governance of artificial intelligence, freedom of expression, migration and the rise of hate speech, including antisemitism and anti-Muslim attacks.
A significant part of the Commissioner’s agenda will also be devoted to bringing the struggles of marginalised people and victims of discrimination to the forefront of human rights discussions. “In particular, Roma and Travellers face an intolerable situation that requires greater attention,” said the Commissioner.
Finally, the Commissioner highlighted his intention to focus on youth, socio-economic rights and human rights defenders, as well as to use his mandate to contribute to the implementation of judgments of the European Court of Human Rights.
” I step into this new role with a sense of great responsibility, as well as deep appreciation and respect for the work of my predecessor, Dunja Mijatović. Human rights affect every aspect of our lives. At a time when they face multiple challenges, we must recommit ourselves to weaving them into the fabric of our societies. This will require a concerted effort and I intend to play my part to the best of my ability by accompanying and standing up for rights holders across the Member States.”
An Irish human rights lawyer, O’Flaherty has served as Director of the EU Fundamental Rights Agency (2015-2023).
Civil liberties network says in states where far-right parties influence power, rule-of-law deterioration risks becoming systemic
The rule of law is declining across the EU as governments continue to weaken legal and democratic checks and balances, a leading civil liberties network has said, highlighting in particular a sharp rise in restrictions on the right to protest.
Berlin-based Liberties said in its annual report, compiled with 37 rights groups in 19 countries, that in older democracies with mainstream parties in government, such as France, Germany and Belgium, challenges to the rule of law remained sporadic.
Civil liberties network says in states where far-right parties influence power, rule-of-law deterioration risks becoming systemic
The rule of law is declining across the EU as governments continue to weaken legal and democratic checks and balances, a leading civil liberties network has said, highlighting in particular a sharp rise in restrictions on the right to protest.
Berlin-based Liberties said in its annual report, compiled with 37 rights groups in 19 countries, that in older democracies with mainstream parties in government, such as France, Germany and Belgium, challenges to the rule of law remained sporadic.
Long queues formed at several polling stations in Moscow and other Russian cities as people took up a call from Alexei Navalny’s widow to head to the polls at noon on Sunday in a symbolic show of dissent against Vladimir Putin’s all but certain re-election as president.
In the run-up to the three-day presidential elections, Yulia Navalnaya urged her supporters to protest against Putin by appearing en masse at midday on Sunday in a legal show of strength against the longtime Russian leader.
Stockholm, March 15, 2024—Kyrgyz President Sadyr Japarov should reject Russian-inspired legislation that would designate externally funded media rights groups and nonprofits that run news outlets as “foreign representatives,” the Committee to Protect Journalists said Friday.
On Thursday, Kyrgyzstan’s parliament approved in a third and final reading, without debate, a bill requiring nonprofits that receive foreign funding and engage in what it defines as political activities to register as “foreign representatives,” according to newsreports.
Japarov, who recently defended the law in a letter to U.S. Secretary of State Antony Blinken, has a month to return the bill or sign it into law.
The bill, an amended version of a draft law previously criticized by CPJ, does not directly target news outlets but would apply to media rights organizations and nonprofits that run several of Kyrgyzstan’s prominent independent news websites, according to CPJ’s review.
A new provision requires organizations designated as “foreign representatives” to label their publications as being produced by a foreign representative. Other clauses grant authorities sweeping powers of oversight over the activities of “foreign representatives” and allow them to suspend or shutter nonprofits for alleged violations of the law.
“The ‘foreign agents’ bill passed by Kyrgyzstan’s parliament copies many of the worst aspects of Russia’s foreign agent legislation. It is clearly focused on stigmatizing nonprofits working in news media and threatens to hamstring the work of press freedom organizations,” said Gulnoza Said, CPJ’s Europe and Central Asia program coordinator, in New York. “Kyrgyz President Sadyr Japarov must show that his stated commitment to free speech is more than empty words by vetoing the bill and withdrawing his support for any form of foreign agent law.”
The latest version of the bill, amended by parliament in February ahead of the second reading, removes a controversial clause stipulating prison terms of up to 10 years for vaguely defined offenses, according to CPJ’s review and an analysis by the Washington, D.C.-based International Center for Not-for-Profit Law (ICNL).
Under the bill, externally funded nonprofits must apply to a public register of “foreign representatives” if they participate in activities defined by the law as “political”—including “disseminating … opinions on decisions taken by state organs,” issuing public appeals to state organs and officials, and “shaping socio-political views and convictions, including by conducting surveys of public opinion.”
The law would require nonprofits to carry out a costly independent audit report each year, according to the ICNL. It would also grant authorities the right to request their internal documents, to send government representatives to participate in nonprofits’ internal activities, and to check—by as-yet-unspecified means—whether their activities and expenditures correspond to the aims listed in their articles of incorporation, it said. The U.N. special rapporteurs said these clauses “may amount to almost unrestricted administrative control over these associations.”
Authorities would have the power to suspend the activities of nonprofits for up to six months and freeze their bank accounts if they fail to declare themselves as foreign representatives or to label their publications after receiving a warning. Nonprofits that fail to rectify such omissions after suspension can be liquidated by the courts.
In his letter to Blinken, Japarov said Kyrgyzstan needed to ensure financial transparency of media outlets and NGOs. However, Aibek Askarbekov, an independent human rights lawyer, told CPJ that authorities already had full access to financial data of nonprofits, which are required to publish information about sources of income and expenditures online. The bill instead aims at “exerting tight control” over nonprofits, he said.
Parliamentary approval of the bill comes amid an unprecedented crackdown on independent reporting in a country previously seen as a regional haven for the free press. In January, Kyrgyz authorities arrested 11 journalists linked to the investigative outlet Temirov Live and raided the privately owned news agency 24.kg. In February, authorities shuttered the prominent news website Kloop.
CPJ’s emails to Kyrgyzstan’s parliament, lawmaker Nadira Narmatova, who introduced the bill to parliament, and the Office of the President requesting comment on the bill did not receive any replies.
Russians have begun a second day of voting in a presidential election that has seen sporadic protests as some, defying threats of stiff prison sentences, showed their anger over a process set up to hand Vladimir Putin another six years of rule.
By midday of March 16, Russian police had opened at least 15 criminal probes into incidents of vandalism in polling stations, independent media reported.
More than one-third of Russia’s 110 million eligible voters cast ballots in person and online on the first day of the country’s three-day presidential election, the Central Election Commission (TsIK) said after polls closed on March 15 in the country’s westernmost region of Kaliningrad.
Balloting started up again on March 16 in the Far East of Russia and will continue in all 11 time zones of the country, as well as the occupied Crimean Peninsula and four other Ukrainian regions that Moscow partially controls and baselessly claims are part of Russia.
Putin is poised to win and extend his rule by six more years after any serious opponents were barred from running against him amid a brutal crackdown on dissent and the independent media.
The ruthless crackdown that has crippled independent media and human rights groups began before the full-scale invasion of Ukraine was launched, but has been ratcheted up since.
Almost exactly one month before the polls opened, Putin’s most vocal critic, opposition leader Aleksei Navalny, died in an isolated Arctic prison amid suspicious circumstances as he served sentences seen as politically motivated.
Some Russians expressed their anger over Putin’s authoritarian rule on March 15, vandalizing ballot boxes with a green antiseptic dye known as “zelyonka” and other liquids.
Among them was a 43-year-old member of the local election commission in the Lenin district of Izhevsk city, the Interior Ministry said on March 16.
The official was detained by police after she attempted to spill zelyonka into a touchscreen voting machine, the ministry said. Police didn’t release the woman’s name, but said she was a member of the Communist Party.
Similar incidents were reported in at least nine cities, including St. Petersburg, Sochi, and Volgograd, while at least four voters burned their ballots in polling stations.
In Moscow, police arrested a woman who burned her ballot inside a voting booth in the city’s polling station N1527 on March 15, Russian news agencies reported, citing election officials in the Russian capital.
The news outlet Sota reported that that woman burned a ballot with “Bring back my husband” handwritten on it, and posted video purportedly showing the incident.
There also was one report of a firebombing at a polling station in Moscow, while In Russia’s second-largest city, St. Petersburg, a 21-year-old woman was detained after she threw a Molotov cocktail at an entrance of a local school that houses two polling stations.
“It’s the first time I’ve see something like this — or at least [such attacks] have not been so spectacular before,” Roman Udot, an election analyst and a board member of the independent election monitor Golos, told RFE/RL.
“The state launched a war against [the election process] and this is the very striking harvest it gets in return. People resent these elections as a result and have started using them for completely different purposes [than voting].”
Russia’s ruling United Russia party claimed on March 16 that it was facing a widespread denial-of-service attack — a form of cyberattack that snarls internet use — against its online presence. The party said it had suspended nonessential services to repel the attack.
Meanwhile, Russian lawmakers proposed amendments to the Criminal Code to toughen punishments for those who try to disrupt elections “by arson and other dangerous means.” Under the current law, such actions are punishable by five years in prison, and the lawmakers proposed to extend it to up to eight years in prison.
No Serious Challengers
Before his death, Navalny had hoped to use the vote to demonstrate the public’s discontent with both the war and Putin’s iron-fisted rule.
He called on voters to cast their ballot at 12 p.m. on March 17, naming the action “Noon Against Putin.” HIs wife and others have since continued to call for the protest to be carried out.
Viral images of long lines forming at this time would indicate the size of the opposition and undermine the landslide result the Kremlin is expected to concoct.
Putin, 71, who has been president or prime minister for nearly 25 years, is running against three low-profile politicians — Liberal Democratic Party leader Leonid Slutsky, State Duma deputy speaker Vladislav Davankov of the New People party, and State Duma lawmaker Nikolai Kharitonov of the Communist Party — whose policy positions are hardly distinguishable from Putin’s.
Boris Nadezhdin, a 60-year-old anti-war politician, was rejected last month by the TsIK because of what it called invalid support signatures on his application to be registered as a candidate. He appealed, but the TsIk’s decision was upheld by Russia’s Supreme Court.
“Would like to congratulate Vladimir Putin on his landslide victory in the elections starting today,” European Council President Charles Michel wrote in a sarcastic post on X, formerly Twitter, on March 15.
“No opposition. No freedom. No choice.”
Ukraine and many Western governments have condemned Russia for holding the vote in regions it occupies parts of, calling the move illegal.
UN Secretary-General Antonio Guterres added his voice to the criticism on March 15, saying he “condemns the efforts of the Russian Federation to hold its presidential elections in areas of Ukraine occupied by the Russian Federation.”
His spokesman, Stephane Dujarric, added that the “attempted illegal annexation” of those regions has “no validity” under international law.
Many observers say Putin warded off even the faintest of challengers to ensure a large margin of victory that he can point to as evidence that Russians back the war in Ukraine and his handling of it.
Revised corporate sustainability directive, first agreed in December, draws criticism from environmental campaigners
EU countries have slashed the scope of a law to make companies hunt down human rights abuse and environmental harm in their supply chains.
The EU’s corporate sustainability directive, which was agreed in December but nearly scuttled after a minor coalition partner in the German government withdrew its support, was approved by member states on Friday after a month-long search for compromise and further lobbying from France and Italy.
Lorenzo Tondo in Palermo reported in the Guardian of 22 February 2024 that people and groups who assist asylum seekers are reporting a disturbing trend of escalating intimidation, with aid workers facing direct threats including being held at gunpoint and having their phone communications monitored by government authorities, according to a report from the Council of Europe’s commissioner for human rights.
“Organisations and people assisting refugees, asylum seekers, and migrants have been subjected to beatings, had their vehicles or equipment destroyed, or have been targeted by vandalism of their property, and even by arson or bomb attacks,” she wrote.
Mijatović said she had observed in certain member states how authorities had engaged with human rights defenders in an aggressive or intimidating manner. During the humanitarian crisis at the Poland-Belarus border, thousands of refugees from the Middle East were offered a route by the Lukashenko regime to try to reach the EU from Belarus, highlighting the restrictions by Poland on access to the border zone for people and organisations providing humanitarian assistance and legal aid.
The commissioner noted how “the emergence of an approach in which migration issues are increasingly addressed by member states from a security perspective” had led to the building of fences and deployment of military personnel, equipment and surveillance in border areas that has also affected NGOs.
“These physical obstacles deny asylum seekers the chance to seek protection and the right to a fair and efficient asylum procedure [and] this approach has also created an extremely difficult environment for human rights defenders,” she wrote.
“Those who assist refugees, asylum seekers, and migrants may be seen by states as an obstacle to the implementation of asylum and migration policies focused on deterrence and security, and therefore are faced with hostility. The rolling back of human rights, which is often part of states’ policies in this area, also leads to measures explicitly or implicitly targeting those helping.”
NGO rescue boats have also faced violence, including the use of firearms, from non-European countries with which Council of Europe member states cooperate on external migration control. NGO workers on some of these vessels have documented how often the Libyan coastguard has fired gunshots and endangered crew members and people in distress in the central Mediterranean. [see e.g. https://humanrightsdefenders.blog/2019/12/18/international-migrants-day-the-story-of-the-ocean-viking/]
Mijatović also noted the growing use of surveillance technologies. “During discussions for the preparation of this document concerns were raised that, in some member states, pervasive surveillance activities created mounting challenges for human rights defenders, including lawyers and journalists,” she wrote.
“Governments, in the name of national security concerns, often employ advanced surveillance tools to intercept communications and monitor online activities, including human rights defenders’ social media.”
In 2022, the Greek journalists Thanasis Koukakis and Stavros Malichudis were allegedly targeted for investigating sensitive topics such as financial crime cases and migration. The Italian justice minister in 2021 dispatched inspectors to Sicily after revelations that prosecutors had intercepted hundreds of telephone conversations involving no fewer than 15 journalists and covering migration issues and aid workers in the central Mediterranean.
Mijatović wrote: “Invasive surveillance practices, whether through physical surveillance, phone and internet tapping or by using spyware not only infringes on the personal security and privacy of individual human rights defenders, but also threaten the confidentiality between human rights defenders and the refugees, asylum seekers and migrants they assist, which is often crucial to working effectively.”
She added that people helping refugees, asylum seekers and migrants often experience extremely high levels of online hate and even death threats. Human rights defenders who are themselves refugees or from an ethnic minority background may also receive racist abuse, online and offline.
The use of spyware against journalists, abusive lawsuits, and the perils facing journalists in exile are among the main concerns raised in the annual report of the Council of Europe’s Platform for the Protection of Journalism and Safety of Journalists released on March 5, 2024.
The Committee to Protect Journalists was one of 15 press freedom groups and journalist associations that contributed to the report as partner organizations to the Platform, which was set up in 2015 to support media freedom in the member states of the Council of Europe.
Read the report, “Press Freedom in Europe: Time to Turn the Tide,” here.
In a landmark paper, the UN Special Rapporteur on Environmental Defenders under the Aarhus Convention warns that the continued State efforts to repress and criminalise environmental protests, including direct action and civil disobedience, are a threat to fundamental freedoms and democracy itself.
The world is currently facing a triple planetary crisis and despite this alarming and unprecedented situation, States are failing to meaningfully address it. In response to this, environmental human right defenders (EHRDs), Indigenous Peoples, peasants movements and civil society from around the world have exercised their right to peacefully protest and participate in demonstrations to pressure their governments into taking concrete actions.
Some of these demonstrations have taken the form of civil disobedience which has been disproportionately repressed by governments and law enforcement officials.
On 28 February 2024 Michel Forst, the UN Special Rapporteur on Environmental Defenders, published a position paper highlighting a trend towards the repression and criminalisation of defenders engaging in environmental protests and civil disobedience in Europe, as well as an alarming toughening of stances against them in political discourse and the law enforcement and judicial practices. [The UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters – known as the Aarhus Convention – was adopted in 1998. It aims to protect every person’s right to live in an environment adequate to his or her health and well-being.] See also: https://humanrightsdefenders.blog/tag/aarhus-convention/]
Forst also points to legislative attempts to ban specific organisations – citing France’s Soulèvements de la Terre, Spain’s Futuro Vegetal, or Letze Generation in Germany and Austria. These moves come alongside new or updated laws – including the UK’s ‘2022 Police, Crime, Sentencing and Courts Act’ and Italy’s 2024 ‘eco vandalism’ law -, which the paper says have virtually prohibited certain kinds of protests.
The Special Rapporteur flags how politicians demonise environmental movements engaging in civil disobedience, while national or pan-European intelligence services no longer hesitate to label peaceful groups or individuals as potential or genuine terrorist threats.
The paper also recognises that European States have been disproportionately and increasingly used criminal, administrative and civil measures against environmental human rights defenders recurring to civil disobedience. This includes excessive and disproportionate use of force against them and extensive investigation and surveillance measures.
Other takeaways include the use of social media by State and non-state actors that have contributed to creating negative narratives against EHRDs and the challenges that defenders and activists face to access to justice.
While civil disobedience tactics have been recently used in protests related to climate justice, they have been constantly used to advocate for other legitimate causes including international solidarity, where States have also criminalised such moves.
This paper also comes shortly after the 25th anniversary of the UN Declaration of Human Right Defenders and it is a good reminder that civil disobedience is and should be recognised as a legitimate form of exercising the rights to freedom of expression and peaceful assembly.
States must stop criminalising human right defenders exercising these rights and focus on addressing the root causes of their mobilisation.
Thematic areas of interest… Acts of intimidation and reprisals ISHR remains deeply concerned about reprisals against civil society actors who engage or seek to engage with UN bodies and mechanisms. We call for all States and the Council to do more to address the situation. HRC55 is a key opportunity for States to raise concerns about specific cases of reprisals and demand that governments provide an update on any investigation or action taken toward accountability. An increasing number of States have raised concerns in recent sessions about individual cases of reprisals, including at HRC39, HRC41, HRC42, HRC43, HRC45, HRC51, HRC52, and HRC53, and HRC54. States raising cases is an important aspect of seeking accountability and ending impunity for acts of reprisal and intimidation against defenders engaging with the UN. It can also send a powerful message of solidarity to defenders, supporting and sustaining their work in repressive environments. We urge States to continue to raise the cases ISHR has campaigned on in the last two years in their statements. We also urge States to raise and follow up on individual cases of reprisals in the country specific debates taking place at this session. Further information on these cases can be found here or by contacting the ISHR team at s.hosseiny@ishr.ch
Other thematic debates
At this 55th session, the Council will discuss a range of economic, social and cultural rights through dedicated debates with Special Rapporteurs.
Country-specific developments
Attacks against fundamental freedoms in relation to Palestine in Western Europe and North America (including Austria, France, Germany, Italy, United States, United Kingdom): Civil society and international experts have raised grave concern at the attacks on fundamental freedoms when advocating for the rights of Palestinians by authorities in Western Countries. The attacks on freedoms of expression, assembly and association being monitored since October 2023 are by no means a new trend. For example, in September 2023, Amnesty International issued a statement addressing ‘restrictions of freedom of expression and freedom of assembly through blanket, pre-emptive bans imposed on assemblies on the occasion of Nakba Remembrance Day in Berlin’ by the Berlin Assembly Authority. However there has been a notable escalation in the intensity of these attacks as well as the political and legal measures put forward to further curtail fundamental freedoms in relation to Palestine since October 2023. Western governments, who regularly call for strong protection of human rights and civic space, are emboldening Israel’s indiscriminate attacks by cracking down on free expression and peaceful assembly, online and offline. Authorities have resorted to banning the holding of demonstrations, cracked down on demonstrators, and arrested protesters. Moreover, individuals have been fired from their jobs for voicing opinions on social media. Individuals have also reported facing hate speech, censorship and self-censoring fearing reprisals, including discrimination and criminalisation for voicing their opinions online and offline. Special Procedures have concluded that the undue restrictions imposed by States, especially Western States, ‘on peaceful protests and civil society working to protect human rights and humanitarian law in the context of the Gaza war are contrary to States’ obligation under international law to prevent atrocity crimes, such as genocide, war crimes, crimes against humanity and apartheid’. They stressed ‘that inclusive and meaningful collaboration with civil society, human rights defenders, […] and protest movements is vital to end the cycle of violence and impunity […], dismantling apartheid and ensuring justice and accountability […]’. Special Procedures have also addressed how ‘risks of potential anti-Semitism have also been used as a justification by some States to ban and criminalise peaceful assemblies and expressions in support of Palestinians’ rights’. Civil society has for years deplored the misuse by Israel and Western States of this argument to suppress Palestinian rights advocacy through the IHRA working definition of antisemitism. The Arab Center Washington DC stressed that ‘conflation between antisemitism and legitimate criticism of Israeli crimes against Palestinian civilians (heightened by the adoption of the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism by many States and organisations), leads to the silencing of Palestinian voices’. The normalisation of anti-Palestinian racism, rarely treated as equal human beings by the media or politicians, has also led to the dehumanisation of Palestinians as emphasised by the Special Procedures who stressed that ‘States have sought to justify these restrictions by referring to risks related to incitement to hatred and ‘glorification’ or ‘support of terrorism’, and potential risks to national security or public order. This approach is not only arbitrary, but it also dehumanises Palestinians by unjustly linking them as a whole to criminal endeavours and terrorism.’ Moreover, Special Procedures have stressed that ’employees in the public and private sectors should also not face reprisals, such as disciplinary measures or loss of employment, for speaking out’. They emphasised the importance for States and relevant academic institutions to respect academic freedoms, and ensure that students and teaching staff can freely associate, assemble and express their views with regards to the war in Gaza and the Israeli occupation of Palestine. The European Legal Support Center (ELSC) has monitored 661 incidents of repression against the Palestinian solidarity movement or individuals advocating for Palestinian rights since 7 October : 219 took place in Germany, 172 in the UK, 72 in France, 45 in Italy, 16 in Austria and 137 in other European countries. These include legal action or threats of legal action; restriction of movement, harassment, intimidation or violence; smear campaigns; threats to citizenship of residency status; disciplinary investigation, loss of employment or suspension from position; threats to academic freedom; refusal or withdrawal of use of venue or cancelation of events; defunding or financial de-risking. Since 2014, Palestine Legal has responded to over 2200 incidents in the US of suppression of Palestinian rights advocacy aimed at intimidating Palestinians and their supporters into silence and inaction. Since October 7, Palestine Legal responded to over 1258 reports of suppression of Palestinian rights advocacy in the US. Palestine Legal and over 600 legal organisations and professionals based in the USA urged in a joint letter elected officials and institutional leaders ‘to take urgent measures to address the surging racist attacks and unlawful retaliation against advocates for Palestinian right They address ‘an unprecedented barrage of extreme attacks that Palestinians and their allies in the U.S. are facing, including violent assaults, hate speech, employment discrimination, severe harassment and doxxing of students, law enforcement visits, and censorship in different arenas of civic and social life’. The organisation stressed that ‘hundreds of incidents happening across the country signal a much broader effort to criminalise dissent, justify censorship, and incite anti-Palestinian, anti-Arab, and anti-Muslim harassment, doxing and vigilantism against Palestinians and their allies. This is not a new phenomenon, but it is escalating at terrifying speed.’ In line with Special Procedures recommendations, we urge States, in particular Western States to: immediately and unconditionally release all arbitrarily detained individuals ‘for the exercise of their rights to freedom of peaceful assembly, of association and of freedom of expression in the context in Israel/occupied Palestinian territory’. Put an end to the intimidation and criminalisation of ‘civil society and activists advocating for respect of Palestinians’ rights, including the right to self-determination, for boycotts, divestment and sanctions, international criminal accountability, and an end to the alleged crimes of apartheid and genocide against Palestinians’ Ensure that ‘legislation and policy measures designed to counter anti-Semitism or terrorism are not used to suppress fundamental freedoms or to restrict civil society’s access to resources and/or criminalize them for their legitimate work.’ Ensure that ‘civil society organizations, human rights defenders and academics, working on Palestinian rights can exercise the ability to seek, receive and use financial resources, including foreign funding; and that counter-terrorism laws, including financing laws, are not applied in a manner contrary to international standards.’
Algeria
The sustained repression against the pro-democracy movement and human rights defenders in Algeria was addressed in the end of session statements of the Special Rapporteur on freedom of association and assembly as well as the Special Rapporteur on human rights defenders who conducted official visits to Algeria in 2023. These were the first visits since 2016 by UN mandate holders to the country. The Special Rapporteur on Freedom of Assembly and Association addressed the ‘criminalisation of civil society work’, and the ‘suspension or dissolution of political parties and associations, including prominent human rights advocacy organisations’ (including RAJ and LADDH), as well as ‘overly restrictive laws and regulations’ hindering their work. The rapporteurs called for the amendment of laws used to curtail fundamental freedoms, including article 87 bis of the Penal Code, used to outlaw movements such as the Movement for the Autonomy of Kabylie (MAK) and the Islamic political movement Rachad, both declared terrorist entities, and to bring criminal charges against individuals for exercising their rights to expression and assembly. Following her visit and attending the trial of three Algerian human rights defenders who faced terrorism charges, UN Special Rapporteur on Human Rights Defenders ‘welcomed the acquittal of Jamila Loukil, Kaddour Chouicha and Said Boudour’. While this is a positive development, a big number of activists and HRDs remain arbitrarily detained in Algeria. The SR on HRDs addressed the arbitrary detention of Kamira Nait Sid, a WHRD and co-president of the World Amazigh Congress sentenced to three years in prison where she visited her. She was arrested and tried on charges of ‘undermining national unity” and “belonging to a terrorist organisation’. The Special Rapporteur also met with HRD Ahmed Manseri, was put in pre-trial detention following meeting the Special Rapporteur on FoAA, ‘a picture of him meeting the Special Rapporteur on Freedom of Association and Assembly was included in his case file’. In line with the decision of the WGAD, Algeria should release arbitrarily detained HRD Mohamed BabaNadjar, detained since 2005 and serving a life sentence for his work on the rights of the Amazigh people. ISHR is alarmed at the level of self-censorship and risk of reprisals individuals face for engaging with the UN and its mechanisms. The SR on HRDs reported that individuals were self-censoring ‘for fear of being charged under Article 87 bis’. The SR on FoAA reported that activists told him that they were not willing to meet him ‘in person as they feared they could be subject to reprisals by authorities for undermining national security.’ The SR on HRDs also reported that some HRDs she intended to meet “refused or cancelled at the last minute, for fear of reprisals”. We urge all States to demand that Algeria, an HRC member, end its crackdown on human rights defenders and civil society organisations as well as put an end to all acts of intimidation and reprisals. We also call on States to call for the immediate release of all individuals arbitrarily detained, including woman human rights defender Kamira Nait Sid, and Mohamed BabaNadjar, and to urge Algeria to amend all legislation that hinders the work of civil society, including article 87 bis, regulations on funding, and other undue limitations to freedom of assembly and association.
Bahrain
Bahrain continues to imprison human rights defenders, including Abduljalil Al-Singace, Abdulhadi Al-Khawaja and Naji Fateel, despite their prolonged incarceration deemed arbitrary by the UN Working Group on Arbitrary Detention. High profile opposition figures such as Sheikh Ali Salman, Hassan Mushaima, and Abdulwahab Hussain also remain behind bars.
On 19 September 2023, the UN Secretary-General published their annual report naming five individuals who faced reprisals for cooperating with United Nations mechanisms. The death penalty continues to be used, with 26 individuals on death row, many alleging torture and coerced confessions. Death row inmates Mohamed Ramadhan and Husain Moosa have been detained for a decade and are at risk of imminent execution despite UNWGAD calling for their immediate and unconditional release and impending execution. Last year, over 800 political prisoners in Jau Prison launched a hunger strike to protest harsh conditions, discrimination and ill-treatment.
We call on States to urge Bahraini authorities to unconditionally release all those sentenced for their political opinions, including human rights defenders, stop reprisals for cooperating with the UN, and implement recommendations by UN Special Procedures.
China
China’s fourth UPR review on January 23 exposed strong international condemnation over grave abuses, and calls for unfettered access to the whole country for UN Special Procedures experts, including from the Global South. Numerous recommendations and advanced questions referred to the overwhelming evidence of grave abuses documented by UN bodies since 2018, compiled in a repository published by ISHR. This vast array of UN recommendations constitute an impartial benchmark to assess the Chinese government’s willingness and actions to address systematic and widespread human rights violations. Follow-up to these welcome steps must be ensured. To uphold the integrity of its mandate and put an end to China’s exceptionalism, the HRC must establish a monitoring and reporting mechanism on the country, as repeatedly called for by over 40 UN experts and hundreds of human rights groups globally. States should further urge the UN High Commissioner to strengthen follow-up action on his Office’s Xinjiang report, including through public calls for implementation, translation of the report, and an assessment of its implementation. States should ensure sustained visibility at the HRC of China’s abuse of national security and other cross-cutting abuses affecting Uyghurs, Tibetans, Hong Kongers and mainland Chinese defenders, including the latest crackdown on human rights lawyers. Finally, States should ask for the prompt release of human rights defenders, including feminist activists Huang Xueqin and Li Qiaochu, human rights lawyers Chang Weiping, Ding Jiaxi, Yu Wensheng and his wife Xu Yan, legal scholar Xu Zhiyong, Uyghur doctor Gulshan Abbas, Hong Kong lawyer Chow Hang-tung, and Tibetan climate activist A-nya Sengdra.
Democratic Republic of the Congo
The government must engage civil society in the drafting of the implementation, ensure it is in line with international standards and doesn’t further restrict the rights of defenders in the country. The United Nations Joint Human Rights Office (UNJHRO) must support the calls of civil society and ensure the protection and promotion of defenders is part of its support to the government of the DRC.
The Council will consider oral updates with the High Commissioner and the team of international experts on the DRC on 3 April, followed by General Debate.
According to human rights organisations, at least 251 defendants were rotated to new cases in 2023, and another 620 defendants in 2022, demonstrating the continued involvement of the judicial authorities in violations of the right to fair trial and undermining the rule of law.
The Human Rights Committee also called on Egypt to ‘ensure that court proceedings in terrorism cases are fully in line with articles 14 and 15 of the Covenant to ensure fair trials and put an end to the use of mass trials that are inherently not aligned with international standards’. UN Special Procedures have raised their concerns with Egypt on the ‘Terrorism Circuit Courts and allegations of their incompatibility with international due process guarantees, as well as alleged violations of fundamental rights of many individuals, including human rights defenders, who have been tried, or are still waiting to be tried, before these courts’. According to the Egyptian Front for Human Rights’ annual report, the Terrorism Circuit Courts ordered the release of only 3 defendants, approximately 0.1% of the 35966 cases of detention renewals under its consideration in 2023. The Egyptian Initiative for Personal Rights (EIPR) has also documented this pattern of what is commonly referred to as ‘hearings of detention renewals’ by the Terrorism Circuit Courts, including most recently renewals of detention of almost 900 defendants on 21 and 22 January 2024. Since the Committee against Torture (CAT) reached ‘the inescapable conclusion‘ in 2017 that ‘torture is a systematic practice in Egypt,’ the Egyptian government has not taken any serious steps to address the issue. In a new report submitted to the CAT, REDRESS and a coalition of Egyptian and international civil society organisations – including the Egyptian Initiative for Personal Rights, the Egyptian Commission for Rights and Freedoms, Dignity, and the International Commission of Jurists – conclude that the widespread and systematic use of torture by the Egyptian authorities amounts to a crime against humanity under customary international law. ISHR reiterates the calls of more than 100 NGOs from around the world in urging the HRC to create a monitoring and reporting mechanism on the ever-deteriorating human rights situation in Egypt.
Guatemala
Guatemala is living historic and hugely challenging times. The undermining of Guatemala’s State institutions over many years has led to a collapse in the rule of law and a worsening human rights crisis. The judicial system has been largely stripped of its independence and attacks and threats against human rights defenders and justice operators have been rife. Currently at least 45 former justice operators have been forced into exile, with at least 10 facing criminal proceedings against them in the country. Guatemala’s new President, Bernardo Arévalo, has promised to re-establish the rule of law, fight against corruption and impunity and address poverty. At this session under General Debate 2, the Council will consider the High Commissioner’s report on OHCHR activities including in Guatemala. This is the opportunity for States to speak of their support for effective measures to address corruption, impunity and for the respect of human rights under the new Presidency, and to continue their commitment to monitoring government actions. States should call on Guatemala to use UPR and treaty body recommendations as a road map for the necessary reforms to reintroduce the rule of law, fight impunity and uphold human rights. States should call on Guatemala to commit to and accept visits of Special Procedures as a means to institute a regime of rights monitoring and recommendations. They should welcome the good news of the three year renewal of the mandate of the Office of the High Commissioner in Guatemala and suggest that the High Commissioner for Human Rights visit the country at his earliest convenience. States should urge the government to guarantee the security of indigenous communities and leaders and institute an ongoing dialogue with indigenous communities to hear and respond to their demands. In that regard, Guatemala should sign and ratify the Escazú Protocol as a matter of urgency. States should call on Guatemala to put the protection of defenders at the heart of the new government’s actions, including through the implementation of the public human rights defenders public protection policy, ordered by the Inter-American Court of Human Rights in 2014.
Israel/OPT
The Council will hold an interactive dialogue with the High Commissioner on ensuring accountability and justice in the Occupied Palestinian Territory, including East Jerusalem on 29 February and an interactive dialogue with the Special Rapporteur on the oPt on 26 March. ISHR welcomes South Africa’s proceedings at the International Court of Justice (ICJ) on the situation in Gaza as an important step towards effective measures and accountability for atrocity crimes committed by Israel in the context of its decades long colonial apartheid imposed over the Palestinian people, including its latest war on Gaza. It also upheld international law in the face of decades of double standards during which the international community failed to take effective measures to ensure Israel complies with international law and the numerous UN resolutions and recommendations by UN special procedures, treaty bodies, and investigative mechanisms. Civil society organisations stressed that by ‘drawing on the nature of Israel’s military action, and ‘dehumanising’ statements by Israeli government officials, the Court found that Israel’s actions in Gaza are plausibly genocidal’, pending its final decision. These provisional measures which have a legally binding effect, ‘cannot be carried out without a full cessation of hostilities’, thus can only be effective with a ceasefire. In a joint statement from January 2024, Special Procedures deplored that they had raised the alarm of the risk of genocide several times and for months, ‘reminding all governments they have a duty to prevent genocide’ and stressing that ‘not only is Israel killing and causing irreparable harm against Palestinian civilians with its indiscriminate bombardments, it is also knowingly and intentionally imposing a high rate of disease, prolonged malnutrition, dehydration, and starvation by destroying civilian infrastructure’. The UN Committee on the Elimination of Racial Discrimination raised ‘serious concerns regarding the obligation of Israel and other State parties to prevent crimes against humanity and genocide.’ Responding to arguments of Israel and other States, the Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel reiterated that article 51 which ‘provides for the use of force by a State in self-defense of the Charter […] is not applicable’. Special procedures expressed their profoundly concern about ‘the support of certain governments for Israel’s strategy of warfare against the besieged population of Gaza, and the failure of the international system to mobilise to prevent genocide’. ISHR and over 180 organisations, deplored the continued transfer of arms to Israel by States, including the US, the UK, Germany, Canada, Italy, the Netherlands, and stress that the provision of military equipment and military support to Israel with knowledge that they are likely to be used in serious violations of international law, including international crimes, invites charges of complicity. ISHR also denounces the defunding civil society organisations and UNRWA by Western States, a strategy implemented by Israel and discursively imposed by some States to silence the work of human rights defenders and ensure the demise of the Palestinian refugee issue and with it the right of the Palestinian people to self-determination. We call for an immediate and unconditional release of all Palestinians deprived of liberty without due process, and all Israeli hostages; and the lifting of the 17 year-old illegal blockade and closure of the Gaza Strip, which constitutes collective punishment. In line with the ICJ provisional measures, and based on the obligations of States under international law, including the Genocide Convention, we urge States to take immediate and effective measures to: Impose a ceasefire and ensure that Israel provides immediate and unhindered delivery of aid to the Gaza Strip; Implement a two-way arms embargo on Israel; Ensure that internally displaced Palestinians return to their areas of previous residence and are provided with safe shelters in accordance with IHL provisions; Support the work of the CoI to investigate the root causes of the situation on both sides of the Green Line, including through providing sufficient resources for the mechanism, to ensure accountability and redress; and Restore funding of UNRWA and civil society organisations working to ensure the delivery of humanitarian aid in the context of starvation and genocide as well as document human rights violations, respectively.
Mali
In Mali the human rights situation continues to deteriorate, with the government increasingly cracking down on media and opposition voices, significantly narrowing civic space. During the presentation of his last report at the 52nd session of the Human Rights Council, the Independent Expert highlighted the threats, physical assaults and attacks on their property defenders faced because of their opinions.
Additionally, he recognised that the progress recently made towards the return to constitutional order may not lead to credible, free, fair and inclusive electoral processes unless appropriate measures are taken to address the shrinking civic space in the country. Since the adoption of the defenders’ law in 2018, Mali is yet to fully guarantee the protection of the rights of defenders through its implementation. In 2020, Mali finally adopted its implementation decree for the HRD law shortly followed by the decision adopted by the Malian government which establishes the characteristics, procedures for granting and withdrawing the professional card of human rights defenders. ISHR continues to ask the independent expert what support he planned to give to the Malian government to ensure the full implementation of the defenders law and its protection mechanism. The HRC must keep the scrutiny on Mali to ensure that defenders in the country are protected in line with the UN Declaration and not restricted by the limitation imposed by a card defining the status of defenders. The Council will hold an interactive dialogue with the independent expert on 28 March. Nicaragua
The human rights situation in Nicaragua comes back on the agenda against this session with two planned debates. On 29 February the Group of Human Rights Experts will present its report followed by an interactive dialogue. On the 4 March there will be an oral update of the HC on the situation of human rights in Nicaragua followed by a general debate. At the Council’s last interactive dialogue on Nicaragua, on 18 December 2023, the UN Deputy High Commissioner for Human Rights said of Nicaragua: ‘Every day the country deviates further from human rights.’ The last months have shown how true this remains. Upcoming regional elections on the Caribbean Coast (4 March) have provided a context for government crackdowns on opponents. The main indigenous and Afro-descendant political party in the country, YATAMA, has had its legal status revoked and two of its leaders, National Assembly legislator and YATAMA party chair Brooklyn Rivera and YATAMA legal representative Nancy Elizabeth Henríquez were arrested. The whereabouts of Brooklyn Rivera remain unknown. These arrests have been followed by increased militarisation in the territories on the Caribbean coast. The Inter-American Commission on Human Rights (IACHR) and its Special Rapporteurship for Freedom of Expression have expressed concern about these and other attacks against indigenous communities in the country. Many Nicaraguan human rights defenders remain in exile with no possibility of return. These include Rolando Álvarez, sentenced to 26 years in prison after strongly criticising government repression last year and expelled from the country in mid-January 2024 alongside 17 other clerics. Repression against defenders continues. States must call on Nicaragua to immediately release all arbitrarily detained people including Freddy Quezada, subject of precautionary measures by the IACHR; to provide immediate information about the whereabouts of all those disappeared, including poet Carlos Bojorge, detained and disappeared one month ago, and Brooklyn Rivera. States should express firm support of the work of the Group of Experts on Nicaragua and OHCHR and call on Nicaragua to take urgent steps to meet the recommendations made to it by the Group of Experts, as well as OHCHR and – in the words of Nicaraguan HRD Cristina Huerta made in December at the Council – to call on Nicaragua to ‘put an end to the State violence against women and civil society and retake the path to democracy’. ISHR is co-organising a side event ‘The situation for exiled Nicaraguan activists a year after being released and stripped of nationality’ on 5th March, 15.30-16.30pm Geneva time, Room XXVII Palais de Nations. Co-organisers include the Permanent Missions of Argentina, Canada, Chile, Costa Rica, Ecuador and Paraguay, as well as NGOs CCPR, Race and Equality and PBI.
Occupied Western Sahara In October 2023, the UN Working Group on Arbitrary Detention requested the immediate release of 18 Gdeim Izik prisoners from Western Sahara, held for over 13 years in Moroccan jails. In the last six years, the UN Working Group on Arbitrary Detention has rendered at least 11 decisions highlighting a systematic pattern of violations of the right to due process and fair trial, arbitrary arrests, torture, as well as violations to the right to freedom of expression, discrimination based on language, ethnicity and religion, especially targeting Saharawi activists advocating for the right to self-determination of Western Sahara. Prior, UN CAT issued five decisions on the Gdeim Izik prisoners, including in the case of Human rights activists Enaâma Asfari. Western Sahara is a former Spanish colony that remains under Moroccan occupation (despite a 1992 UN governed agreement for a referendum on independence, which Morocco continues to fail to comply with). In 1990, the General Assembly had reaffirmed that Western Sahara was a question of decolonisation
which remained to be completed by the people of Western Sahara. We urge States to call on Morocco to implement the decisions of the CAT and the WGAD and unconditionally release the Gdeim Izik arbitrarily detained activists, and all arbitrarily detained journalists and human rights defenders, while putting an end to all forms of harassment and reprisals against prisoners and their family. We further urge States to call on Morocco to put an end to its crackdown on civil society, particularly Saharawi human rights defenders in the occupied territory, ensure they are able to conduct their human rights work, and provide access to occupied Western Sahara to human rights bodies, including OHCHR, special procedures, and human rights organisations. As a member of the Human Rights Council and its president, and in line with resolution 60/251, Morocco should ‘uphold the highest standards in the promotion and protection of human rights’ and ‘fully cooperate with the Council’. In his update to the Council in March 2023, High Commissioner Turk highlighted that his Office has not been granted access to Western Sahara for the last eight years. Local human rights organisations report that international organisations and observers are barred from entering the territory to carry out meaningful human rights documentation and that human rights defenders trying to document and ensure monitoring are being targeted by the State.
In a joint statement, Special Procedures decried ‘the systematic and relentless targeting of human rights defenders in retaliation for exercising their rights to freedom of association and expression to promote human rights in Western Sahara’. They urged Morocco to ‘stop targeting human rights defenders and journalists standing up for human rights issues related to Western Sahara, and allow them to work without reprisals’.
Saudi Arabia According to ALQST’s annual report, despite the Saudi authorities’ recent efforts to open up to tourism and host international events, a prevailing climate of closure prevails – independent monitors are denied access to the country, the prison system is shrouded in secrecy, and trials are held behind closed doors.
In this ominous atmosphere, and following the almost complete diplomatic rehabilitation of crown prince and de facto ruler Mohammed bin Salman, widespread violations persist, including but not limited to: further decades-long prison sentences, and even a death sentence, meted out for peaceful social media use; the prosecution of women for their choice of clothing and advocacy for women’s rights; prisoners of conscience held incommunicado beyond the expiration of their sentences; arbitrary travel bans imposed on detainees and their family members in a form of collective punishment; and the execution of 172 individuals carried out over 2023, with several young men at imminent risk of execution for alleged crimes committed as minors.
In light of these alarming developments, ALQST and ISHR call on the Council to adopt a resolution mandating an independent international monitoring and investigative mechanism to address the human rights violations perpetrated in and by Saudi Arabia.
Sudan The humanitarian crisis in Sudan is dire, with millions displaced, widespread attacks on civilians including systematic SGBV as a weapon of war, amidst lack of global attention and adequate funding to respond to the crisis. Sudan faced a total communication blackout on 7 February 2024, following earlier disruptions at the end of January. These shutdowns severely endanger women human rights defenders and their work, hindering their ability to document atrocities and access essential resources such as mobile banking apps. Since the attack on Wad Madani in December 2023, WHRDs have lost resources, faced displacement, and enormous challenges searching for safe locations across states and neighboring countries. Dozens of women defenders were harassed, detained, summoned and threatened by both warring parties during the last few weeks. In recent months, the Sudanese Military Forces have intensified attacks on human rights defenders, journalists, and humanitarian workers in their controlled areas. Rapid Support Forces (RSF) have arrested civilians, engaged in looting, and perpetrated sexual violence systematically. WHRDs struggle to operate in these areas as the risks of sexual violence are expanding, with at least 5 WHRDs and first responders detained, summoned, or harassed recently. The attacks, which have resulted in the deaths of 4 WHRDs including 2 journalists and 11 women health workers, have occurred in territories controlled by both warring factions. Threats against medical services by both the RSF and the Sudan Armed Forces (SAF) continue to be reported including killings and kidnappings of health workers, attacks on hospitals and theft of medical supplies; exacerbating the humanitarian crisis for millions internally displaced without access to necessities and healthcare, and at risk of diseases such as outbreak of cholera. Sudanese rights groups have documented more than 2000 cases of enforced disappearances in Khartoum and other affected regions since the start of the war, with victims often detained by RSF or SAF, some killed under unclear circumstances. Detainees endure inhumane conditions, lacking medical care, proper food, and subjected to torture and sexual violence. Authorities in safer regions of Northern and Eastern Sudan dissolved resistance committees, active since the 2018 protests. Governors of five states prohibited information dissemination on social media, detaining journalists and activists in three states. Peaceful civic activities are banned or unauthorized in several states, creating hostile environments for WHRDs. The civic space in Sudan is closed with increasing militarization of the state and communities. During the last three months, Sudanese authorities launched a mobilization campaign to arm civilians, leading to unprecedented threats to women, peace and security and GBV in the areas out of the fighting zones. The Council will hold, on 1 March, an enhanced interactive dialogue on the comprehensive report of the HC, presented with the assistance of the designated Expert on human rights in the Sudan, on the situation of human rights in the Sudan. During the debate, States should reiterate joint civil society calls on the warring parties for an immediate ceasefire and the prompt creation of safe corridors for humanitarian aid organisations and groups, and to guarantee the safety of their operations; an immediate restoration of telecommunications across the country; and cease attacks on health facilities, medical supplies, and health workers, and uphold obligations under international humanitarian law. States should also declare their support for joint civil society calls on States to create an immediate long-term protection program for WHRDs; provide support for the FFM and other international mechanisms mandated to document human rights violations in Sudan, including by ensuring that these entities have the necessary resources to carry out their work effectively; support local initiatives providing humanitarian support to local communities as well as support services to victims, and to support civil society’s documentation and reporting efforts so that the evidence obtained can be used for future judicial proceedings; to call for the disclosure of the whereabouts of the disappeared and the release of detainees, and to urgently address the issue of enforced disappearances and grave violations in detention centers, including GBV; and to call for the reinforcement and protection of medical staff in accordance with international humanitarian law.
Tunisia
Since 25 July 2021, President Saied has dismantled Tunisia’s democratic institutions, undermined judicial independence, stifled the exercise of freedom of expression and repressed dissent. In June 2023, the High Commissioner urged Tunisia to ‘change course’, ‘respect due process and fair trial standards in all judicial proceedings, cease trying civilians before military courts and release all those arbitrarily detained’. He expressed ‘deep concern at the increasing restrictions on the right to freedom of expression and press freedom in Tunisia’, noting that vague legislation is being used to criminalise independent journalism and stifle criticism of the authorities. He further addressed the ongoing crackdown ‘against judges, politicians, labour leaders, businesspeople and civil society actors’. The situation has since further deteriorated. Authorities have continued to escalate their crackdown on free speech and peaceful dissent, using unfounded conspiracy, terrorism and expression-related charges against opposition figures, journalists, lawyers, judges and businesspeople. Public remarks from the president about the prosecution of perceived critics has continued to undermine judicial independence. At least 20 people have been in pretrial detention for long periods of time (8 months to more than two years). In November 2023, civil society organisations warned that the draft law on associations submitted to the Tunisian Parliament on 10 October 2023 would violate the right to freedom of association and endanger civic space in Tunisia. The draft law would grant the government pervasive control and oversight over the establishment, activities, operations and funding of independent groups, which are one of the last remaining counterweights to President Kais Saied’s autocratic rule. We urge States to call on Tunisia to refrain from adopting the proposed draft law and, instead, commit to safeguarding the right to freedom of association as enshrined in Decree-law 88 and under international human right law binding on Tunisia. The authorities should ensure that associations are able to operate without political interference, intimidation, harassment or undue restrictions. Moreover, Special Procedures have raised alarm at the collective expulsions targeting sub-Saharan migrants from Tunisia as well as ‘violence and racist hate speech, including perpetrated by the country’s top leadership and law enforcement officials’. While collective expulsions started being documented in early July, they are ongoing and target asylum seekers, refugees and children, to Libya and Algeria.
ISHR reiterates the recommendations by Tunisian civil society, Special Procedures and the Committee on the Elimination of Racial Discrimination to put an end to these practices, and for the authorities to investigate, provide remedies to victims, and hold perpetrators accountable. Ukraine Two years on from the launch of Russia’s full scale invasion and war of aggression against Ukraine, the perpetration of which has involved the widespread commission of war crimes and crimes against humanity, it is vital that the Council continue to mandate mechanisms to investigate violations, promote accountability, support victims, and address root causes of conflict.
At the March session of the Council, this should include renewing the mandate of the Commission of Inquiry, the work of which is essential to promote accountability for atrocity crimes in Ukraine, as well as address root causes such as the repression and criminalisation of human rights defenders and independent journalists in Russia itself. The Council will hold an interactive dialogue with the Commission of Inquiry on 19 March. The Council will also hold an interactive dialogue on the OHCHR report on Ukraine on 2 April.
Venezuela The Human Rights Council session just as that Venezuela has suspended OHCHR activities in the country and ordered personnel to leave the country and amid a context of a foretold pre-electoral increase in threats and attacks against defenders.
The arbitrary detention and disappearance of human rights defender Rocío San Miguel, president of NGO Control Cuidadano, on 9 February is evidence of this and of a wider pattern of attacks against defenders, as noted by the UN fact-finding mission on Venezuela. The re-activation of the process related to a highly restrictive and much criticised NGO bill at the start of this year, is a sign of the government’s interest in restricting civil society’s ability to operate. This is no time to reduce efforts to demand the respect of human rights in the country including the respect of the rights of human rights defenders, and to express support for ongoing monitoring and reporting work by OHCHR in the country and by the UN Fact-Finding Mission. Venezuela will be the focus of two specific debates during the session. On 19 March, the High Commissioner will present an oral update informed by the conclusions and recommendations of his team in the country. The UN fact-finding mission will provide an oral update on the 20 March. Both of these updates will be followed by interactive dialogues. During this session, States must be of one voice in calling for the reactivation of the work of OHCHR in the country. Also, the immediate release of Rocío San Miguel and that of Javier Tarazona, arbitrarily detained almost three years ago. States must also express deep concern at the re-introduction of the NGO bill and call on the government to cease threats and attacks against defenders in the country. States should restate the importance of the work of Venezuelan defenders and commit to support their work politically and, where possible, financially. States must insist on the reestablishment of an effective OHCHR presence in the country and speak to the essential, ongoing work of the UN fact-finding mission, stressing upon Venezuela the importance of its cooperation with all the UN bodies and mechanisms with mandates related to Venezuela and with all Special Procedures. States’ participation in the two interactive dialogues on Venezuela – through individual and joint statements – is key to making evident that the human rights situation in the country and the UN’s monitoring and reporting mechanisms remain a priority and reassuring those demanding accountability for human rights violations in Venezuela that they are being heard.
Yemen In 2023, Mwatana documented the continuation of human rights violations committed by various conflicting parties in Yemen, including ground and aerial attacks, attacks on vital facilities, child recruitment, arbitrary detention, enforced disappearance, and torture, sexual violence, attacks on African migrants, denial of humanitarian access, as well as the the impact of the widespread presence of landmines and explosive devices. In 2023, over 40 civil society organisations, victims and survivor associations from Yemen launched the Yemen Declaration for Justice and Reconciliation, in which they set forth their common vision for achieving justice that is inclusive, victim-centred, and includes accountability, reparations, and redress.
ISHR calls on the international community to address the demands made by Yemeni civil society, including for an independent, impartial, and fair accountability for all crimes under international humanitarian law and international human rights law committed in Yemen, by all parties to the conflict. Failure to address atrocities in the past has led to a culture of impunity throughout generations. We urge the international community to take effective measures to assess the full extent of civilian harm in coordination with local civil society and call on parties to the conflict to ensure reparation and redress.
Other country situations The High Commissioner will provide an oral update to the Council on 4 March. The Council will consider updates, reports on and is expected to consider resolutions addressing a range of country situations, in some instances involving the renewal of the relevant expert mandates. These include: Interactive dialogue with the Special Rapporteur on Afghanistan Enhanced interactive dialogue with the Special Rapporteur on Eritrea ID with the Special Rapporteur on the Democratic People’s Republic of Korea and a presentation of the report of the High Commissioner Interactive Dialogue with the High Commissioner on Belarus Interactive dialogue on the High Commissioner oral update on Myanmar, and interactive dialogue with the Special Rapporteur Interactive Dialogue with the Special Rapporteur on Iran and Interactive Dialogue on the comprehensive report of the independent international fact-finding mission Interactive Dialogue with the Commission of Inquiry on Syria Enhanced interactive dialogue on the comprehensive written report of the Commission on Human Rights’ South Sudan and the participation of the High Commissioner, and an interactive Dialogue on the OHCHR report on South Sudan High-level Dialogue with the Independent Expert on Central African Republic Interactive Dialogue with the High Commissioner and the Independent Expert on Haiti Interactive Dialogue with the International Expert on Colombia, and presentation of the report on the OHCHR activities in Colombia under General debate 2
Resolutions to be presented to the Council’s 55th session At the organisational meeting on 12 February the following resolutions were announced (States leading the resolution in brackets): Combating intolerance, negative stereotyping and stigmatization of, and discrimination, incitement to violence and violence against, persons based on religion or belief (Pakistan on behalf of the OIC) Human rights situation in the Occupied Palestinian Territory, including East Jerusalem, and the obligation to ensure accountability and justice (Pakistan on behalf of the OIC) Right of the Palestinian people to self-determination (Pakistan on behalf of the OIC) Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan (Pakistan on behalf of the OIC) Human rights in the occupied Syrian Golan (Pakistan on behalf of the OIC) Human rights and the environment (Costa Rica, Maldives, Morocco, Slovenia, Switzerland) – mandate renewal Prevention of genocide (Armenia) The right to work (Egypt, Greece, Indonesia, Mexico, Romania) The right to food (Cuba) Promotion of the enjoyment of the cultural rights of everyone and respect for cultural diversity (Cuba) – mandate renewal The effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights (Cuba) The right to adequate housing (Brazil, Finland, Germany, Namibia) Combating violence, discrimination, and harmful practices against intersex persons (Australia, Chile, Finland ,South Africa) Human rights in Ukraine stemming from the Russian aggression (Ukraine) The role of States in countering the negative impact of disinformation on the enjoyment and realization of human rights (Ukraine, Japan, Latvia, Lithuania, Poland, UK, US) The right to privacy in the digital age (Austria, Brazil, Germany, Liechtenstein, Mexico) – mandate renewal Cooperation with Georgia (Georgia) Situation of Human Rights in the Republic of South Sudan ( Albania, Norway, UK, US) – mandate renewal The human rights situation in the Syrian Arab Republic (United Kingdom, France, Germany, Italy, Jordan, the Netherlands, Qatar, Turkiye and the United States of America) – mandate renewal Torture and other cruel, inhuman or degrading treatment or punishment (Denmark) Promoting and strengthening a culture of peace (Gambia, Lesotho, Chile, Mozambique, South Sudan, Côte d’Ivoire, Kazakhstan, Botswana) The rights of persons belonging to minorities (Austria, Slovenia, Mexico) The right of persons with disabilities (New Zealand and Mexico) The situation of human rights in Belarus (European Union) The situation of human rights in the DPRK (European Union) – mandate renewal The situation of human rights in Myanmar (European Union) – mandate renewal Freedom of religion or belief (European Union) Rights of the child (EU and GRULAC) Situation of human rights in the Islamic Republic of Iran (Iceland, Moldova, North Macedonia, United Kingdom) and the deteriorating situation of human rights in the Islamic Republic of Iran, especially with respect to women and children (Iceland and Germany) – two mandate renewals in one resolution. Furthermore, according to the voluntary calendar for resolutions, it is possible that more resolutions could also be presented at this session. Read the calendar here.
Adoption of Universal Periodic Review (UPR) reports During this session, the Council will adopt the UPR working group reports on Azerbaijan, Bangladesh, Burkina Faso, Cabo Verde, Cameroon, Canada, Colombia, Cuba, Djibouti, Germany, Russian Federation, Turkmenistan, Tuvalu, Uzbekistan. ISHR supports human rights defenders in their interaction with the UPR. We publish and submit briefing papers regarding the situation facing human rights defenders in some States under review and advocate for the UPR to be used as a mechanism to support and protect human rights defenders on the ground.
ISHR is organising a side event on 6 March at 13:00 (CET) on the role of defenders in fostering accountability for atrocity crimes. Further information will be published on ISHR’s website.
ISHR is co-organising a side event ‘The situation for exiled Nicaraguan activists a year after being released and stripped of nationality’ on 5 March, 15.30-16.30pm (CET), Room XXVII, Palais de Nations. Other co-organisers include the Permanent Missions of Argentina, Canada, Chile, Costa Rica, Ecuador and Paraguay, as well as NGOs CCPR, Race and Equality and PBI. ISHR is co-organising a side event, ‘Resisting Exile: Voices of Human Rights Defenders’ on 5 March, 2pm Palais de Nations, along with CCPR and Race and Equality.
Aid workers being held at gunpoint and having communications monitored, Council of Europe’s human rights commissioner says
People and groups who assist asylum seekers are reporting a disturbing trend of escalating intimidation, with aid workers facing direct threats including being held at gunpoint and having their phone communications monitored by government authorities, according to a report from the Council of Europe’s commissioner for human rights.
Dunja Mijatović has warned of increasing harassment and in some cases criminalisation of people and groups who assist refugees, especially in Hungary, Greece, Lithuania, Italy, Croatia and Poland.
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