NEWS RELEASE - UN rights experts welcome end of “discriminatory” US counter-terrorism measure

UN rights experts welcome end of “discriminatory” US counter-terrorism measure

GENEVA (29 December 2016) – Racial or religious profiling has so far proved to be ineffective in fighting terrorism, say two United Nations human rights experts, who have welcomed the end of a “discriminatory and ineffective” counter-terrorism measure adopted in the United States after the 11 September 2001 attacks. 

The experts’ comments follow the US Government’s decision to dismantle the National Security Entry-Exit Registration System (NSEERS) for citizens of 25 countries, all in the Middle East, South Asia or North Africa. 

“Effective counter-terrorism strategies and legislation should not be based on preconceptions or misunderstandings about the groups that are most susceptible to radicalization or violent extremism,” said the UN Special Rapporteurs on racism and xenophobia, Mutuma Ruteere, and on freedom of religion or belief, Ahmed Shaheed. 

“Such strategies should be developed by relying on evidence to ensure a proper understanding of the national and local issues,” they added. “This will not only ensure that all at-risk communities are adequately engaged with, but also that entire communities and ethnic or religious groups are not stigmatized or discriminated against.” 

Mr. Ruteere stressed that “counter-terrorism measures must not discriminate against non-citizens, in purpose or effect, on the grounds of race, colour, descent, or national or ethnic origin”.

“I remain hopeful that the new US administration can learn from the shortcomings of the NSEERS and adopt a non-discriminatory approach to counter-terrorism policies,” he stated. 

Not a single terrorism prosecution has been brought across the country among the 80,000 Arabs, Muslims and South Asians who registered for NSEERS. Although deportation proceedings were started against some 14,000 of them, none has been found to have links to any terrorist or violent activities. 

“Discrimination between human beings on the grounds of religion or belief constitutes an affront to human dignity and a disavowal of the principles of the Charter of the United Nations,” said Mr. Shaheed. 

“This kind of discrimination is a violation of the human rights and fundamental freedoms proclaimed in the Universal Declaration of Human Rights and described in detail in the International Covenants on Human Rights,” he emphasized. 

ENDS 

The Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures’ experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity. Learn more, visit: 
Racism: http://www.ohchr.org/EN/Issues/Racism/SRRacism/Pages/IndexSRRacism.aspx 
Freedom of religion: http://www.ohchr.org/EN/Issues/FreedomReligion/Pages/FreedomReligionIndex.aspx 

UN Human Rights, country page – United States: http://www.ohchr.org/EN/countries/LACRegion/Pages/USIndex.aspx 

For more information and media requests please contact Ms. Chian Yew Lim (+41 22 928 9310 / clim@ohchr.org) 

You can access this news release at: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21063&LangID=E

For media inquiries related to other UN independent experts: 
Mr. Xabier Celaya – Media Unit (+ 41 22 917 9383 / xcelaya@ohchr.org)   

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NEWS RELEASE - UN expert hails US move placing atheists on equal footing with faith groups

UN expert hails US move placing atheists on equal footing with faith groups

GENEVA (28 December 2016) – The new United Nations Special Rapporteur on freedom of religion or belief, Ahmed Shaheed, has welcomed amendments to the International Religious Freedom Act signed on Friday by US President Barack Obama, which recognizes non-believers and atheists and their right not to profess or practise any religion.

 

“This is an important development, as believers, atheists and non-believers must all be equally protected,” said Mr. Shaheed. “Many humanists and non-believers are still widely stigmatized and persecuted around the world.”

In some countries, the promotion of atheist thought in any form is considered an act of terrorism. In others, any expression of non-belief or atheism is condemned as blasphemy or apostasy and receives harsh punishment, including the death sentence or attacks by vigilante groups.

“People often do not fully understand the scope of the international human right to religious freedom. It is not just about religions or beliefs, but it also covers the right to freedom of thought and conscience as provided by the Universal Declaration for Human Rights,” noted the Special Rapporteur.

The human rights expert said the terms “religion” and “belief” should be understood in a broad sense to include theistic, non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief.

“All of them have important roles to play in building pluralistic and inclusive societies for the 21st century that are peaceful and prosperous,” Mr. Shaheed stressed.

“In the face of increasing diversity, the freedom of religion or belief can be upheld only with the acceptance and full inclusion of atheists and non-believers,” the Special Rapporteur concluded.

ENDS

Mr. Ahmed Shaheed (the Maldives) is a Visiting Professor at Essex University, UK; a former member of the Maldivian presidential Commission Investigating Corruption; and a foreign policy advisor to the President of the Maldives. Mr. Shaheed was Foreign Minister of the Maldives from 2005 to 2007 and from 2008 to 2010. He led the country’s efforts to sign and ratify all nine international human rights Conventions and to implement them in law and practice. Mr. Shaheed is the former Special Rapporteur on the situation of human rights in Iran. Learn more, log on to: http://www.ohchr.org/EN/Issues/FreedomReligion/Pages/FreedomReligionIndex.aspx

The Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures’ experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity.

Read the latest report to the UN General Assembly by the former Special Rapporteur: http://www.ohchr.org/Documents/Issues/Religion/A-71-269_en.pdf

UN Human Rights, country page – United States:  http://www.ohchr.org/EN/countries/LACRegion/Pages/USIndex.aspx

For more information and media requests please contact Ms. Chian Yew Lim (+41 22 928 9310 / clim@ohchr.org)

You can access this news release at: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21062&LangID=E

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OHCHR PRESS BRIEFING NOTES - (1) DRC (2) Bahrain

23 December 2016

Spokesperson for the UN High Commissioner for Human Rights: Liz Throssell

Location:      Geneva

Subject:        (1) DRC

                (2) Bahrain

               

(1) DRC

Reports that dozens of people have been killed by police and soldiers in the Democratic Republic of the Congo over the past few days are deeply troubling and point to growing instability in the country, UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein said on Friday.

Over the past week, the UN Joint Human Rights Office in the DRC (UNJHRO) has documented at least 40 killings of civilians in Kinshasa, Lumbumbashi, Boma and Matadi, mainly of people protesting against President Joseph Kabila’s refusal to step down at the official end of his mandate on 19 December. Some 107 people have been injured or ill-treated and there have been at least 460 arrests.

Read the High Commissioner’s press release:

Accountability for killings of protesters vital, Zeid says, as DRC crisis continues (http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21059&LangID=E)

(2) Bahrain

We are seriously concerned about the ongoing prosecution of Nabeel Rajab, a co-founder of the Bahrain Center for Human Rights, who has been detained since 13 June 2016 for exercising his right to freedom of expression.

Mr Rajab, who was convicted and then pardoned for tweets he wrote in 2014, currently faces a series of charges. These relate to comments on social media regarding torture in Jaw prison, and critiquing the Saudi-led coalition’s airstrikes in Yemen, charges that carry maximum sentences of 10 and three years respectively. .

On 5 September he was additionally charged with “intentionally broadcasting false news and malicious rumours abroad impairing the prestige of the State”. These charges were brought by the General Prosecutor in response to an article by Mr Rajab published on 4 September in the New York Times. This charge carries a sentence of at least one year.

On 15 December, Mr Rajab’s trial was postponed for the fifth time. His next hearing is scheduled for 28 December.

Criticising the Government should not be the grounds for detention or prosecution and we call on the Bahraini authorities to immediately and unconditionally release Mr Rajab.

We also urge the Government of Bahrain to take all necessary steps to secure the right to freedom of opinion and expression in accordance with fundamental principles set out in the International Covenant on Civil and Political Rights, which Bahrain ratified in 2006.

ENDS

For more information and media requests, please contact Rupert Colville (+41 22 917 9767 / rcolville@ohchr.org) or or Liz Throssell  ( +41 22 917 9466/ ethrossell@ohchr.org )

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NEWS RELEASE - Accountability for killings of protesters vital, Zeid says, as DRC crisis continue

Accountability for killings of protesters vital, Zeid says, as DRC crisis continues

GENEVA (23 December 2016) – Reports that dozens of people have been killed by police and soldiers in the Democratic Republic of the Congo over the past few days are deeply troubling and point to growing instability in the country, UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein said on Friday.

Over the past week, the UN Joint Human Rights Office in the DRC (UNJHRO) has documented at least 40 killings of civilians in Kinshasa, Lumbumbashi, Boma and Matadi, mainly of people protesting against President Joseph Kabila’s refusal to step down at the official end of his mandate on 19 December. Some 107 people have been injured or ill-treated and there have been at least 460 arrests.

“Such high casualty figures suggest a serious disregard by the various police, defence and security forces of the need to exercise restraint in policing demonstrations. Not only are soldiers participating in law enforcement operations, but all the forces involved are heavily armed and using live ammunition,” Zeid said.

The High Commissioner recalled that law enforcement officials, including the military acting in that capacity, must never use firearms except against someone representing an imminent threat to life or of serious injury and only when less extreme means are insufficient. 

“The failure by the DRC authorities and the security forces, to abide by their international obligations to guarantee people’s right to freedoms of expression and of association and assembly is to be deplored,” he stressed.

The violence of the past few days has not been limited to Kinshasa, Lumbumbashi and the east but has also been reported in several regions, which indicates that the political crisis is leading to wider destabilisation, Zeid noted.

“Violent repression of dissenting voices and a heavy-handed and irresponsible response to demonstrations risk provoking violence in return by demonstrators and possibly even tipping the constitutional crisis over the president’s future into further conflict across the country,” the High Commissioner warned.

The High Commissioner noted that to date no one has been held accountable for the deaths of 54 people in Kinshasa in September when the defence and security forces used excessive force against demonstrators calling for constitutional deadlines to be respected and for President Kabila to step down at the end of his second and final mandate.

“Such impunity for past violence appears to have fostered a belief among security personnel that they can open fire against demonstrators without being held accountable for their actions,” Zeid said. 

The High Commissioner reiterated calls by, among others, the National Episcopal Conference (CENCO) which has been trying to mediate an accord between the opposition and the ruling party, for an independent and transparent inquiry into the recent violence. 

“It is essential that all those, at whatever level, who are responsible for human rights violations are held accountable. Without such a credible response from the government, the risk is that violent situations or ongoing conflict, including between communities over resources, could degenerate further,” Zeid said.

Among the violations documented by UNJHRO:

·        On 20 December, 13 civilians were killed in Kinshasa by defence and security forces and another two people were killed on 22 December. Eleven of these killings are attributable to the Armed Forces of the DRC (FARDC, including six by the Military Police (MP) and one by the Republican Guard (RG). Two policemen were killed by protesters. In addition, at least 12 people were injured by defence and security forces, and at least 150 people were arrested. 

·        On 20 December in Lubumbashi, at least eight men and two children were killed and at least 60 civilians were injured by the security forces. During demonstrations in Lumbumbashi on 20 December, at least 130 people were arrested. A further 145 people, including 23 minors, were arrested in their houses during search operations on 21 and 22 December

·        In Matadi, on 20 December, at least three men were killed by officers from the National Police (PNC). Five people were injured by PNC officers and FARDC soldiers, and the police arrested at least 26 people.

·        On 20 December, in Boma, 12 civilians, including three women, were killed and 12 others were wounded by PNC officers and FARDC soldiers.

·        Between 17 and 22 December, at least 102 people were arbitrarily arrested in Goma, including 24 activists from the Lucha youth movement, a journalist and 10 members of opposition political parties.

·        Eight Lucha activists were also arrested in Mbuji-Mayi by agents from the National Information Agency (ANR) on 21 December.

·        In Oicha, at least 30 people, including 16 women, were arrested by PNC officers on 19 December.

ENDS

For more information and media requests, please contact Liz Throssell (+41 22 917 9466 / ethrossell@ohchr.org) or Rupert Colville (+41 22 917 9767 / rcolville@ohchr.org)  

You can access thus press release at: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21059&LangID=E

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NEWS RELEASE - Nigeria: UN expert calls for budget plans to tackle “unacceptable” water crisis in Lagos

Nigeria: UN expert calls for budget plans to tackle “unacceptable” water crisis in Lagos

  

GENEVA (22 December 2016) – A United Nations expert has urged the authorities in Nigeria’s biggest city, Lagos, to ensure the 2017 budget improves funding for water and sanitation access for the estimated 21 million residents.

The comments from the Special Rapporteur on the human rights to water and sanitation, Léo Heller, come after the State Governor presented the proposed budget to the Lagos House of Assembly.

“Government reports indicate alarmingly high deficits in the sector, representing clearly unacceptable conditions for millions of the megacity’s residents,” said Mr. Heller. “The discussion of the annual budget is a great opportunity for the city to take steps towards delivering people their rights to water and sanitation.

“It is profoundly worrying how many millions of people are exposed to this level of vulnerability,” he stressed. “There is no question that the city’s water and sanitation sector has deteriorated to this point because of the way it has been managed for many years.”

Mr. Heller is urging the Government to consider alternatives such as boosting the effectiveness of the public service provider, including by adopting appropriate financing schemes and responsibly reducing water losses.

“For more than a decade, the Government has adopted a hard-line policy according to which the solution would seem to only attract private capital, notably via public-private partnerships (PPPs). Numerous civil society groups have urged the Government to guarantee their right to participate in these processes,” the Special Rapporteur said.

“I believe that a participatory process is key to finding an adequate solution. But the alternatives proposed by civil society are not given meaningful consideration, while negotiations to initiate PPPs between public authorities and private investors have reportedly occurred in secret,” he noted.

Lagos continues to grow and residents’ access to water and sanitation is worsening. Current estimates suggest that only 10% of the population has access to water supplied by the state utility, LSWC.

Many residents desperate for water now resort to drilling their own boreholes, but this practice has grave environmental and health consequences, especially when the holes are dug near soakaways that could contaminate the water.

Others have to pay exorbitant prices to private vendors, who are often unregulated and provide water with no safety guarantees.

Earlier this year, the Special Rapporteur contacted the Government of Nigeria to ask clarification about the water and sanitation situation in Lagos and had not received a response thus far.

ENDS

Mr. Léo Heller (Brazil) is the Special Rapporteur on the human right to safe drinking water and sanitation, appointed in November 2014. He is a researcher in the Oswaldo Cruz Foundation in Brazil and was previously Professor of the Department of Sanitary and Environmental Engineering at the Federal University of Minas Gerais, Brazil from 1990 to 2014. Learn more: http://www.ohchr.org/EN/Issues/WaterAndSanitation/SRWater/Pages/SRWaterIndex.aspx

Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures’ experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity.

UN Human Rights, country page – Nigeria: http://www.ohchr.org/EN/Countries/AfricaRegion/Pages/NGIndex.aspx

For more information and media requests, please contact Ms. Ahreum Lee (+41 22 917 9391 / ahreumlee@ohchr.org) or write to srwatsan@ohchr.org

You can access thus press release at:  http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21056&LangID=E

For media inquiries related to other UN independent experts:

Xabier Celaya, OHCHR Media Unit (+ 41 22 917 9383 / xcelaya@ohchr.org)

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NEWS RELEASE - Zeid urges investigation into Philippines president’s claim to have killed three people

Zeid urges investigation into Philippines president’s claim to have killed three people

GENEVA (20 December 2016) – The UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein on Tuesday urged the Philippines judicial authorities to launch investigative processes following  last week’s admission by the President of the Philippines that as Mayor of Davao he had killed people, and encouraged others to do the same.

President Duterte told business leaders at the presidential palace on 14 December that he had patrolled the streets personally on his motorcycle and killed people. In an interview with the BBC on Friday he confirmed he had personally killed “about three” people during his term as mayor. Mr Duterte served as mayor for three terms between 1988-2016. He has previously stated the three people killed in 1988 were suspected of rape and kidnapping.  

“Such acts directly contravene the rights enshrined in Article III of the Philippine Constitution,” the High Commissioner said. “The killings described by President Duterte also violate international law, including the right to life, freedom from violence and force, due process and fair trial, equal protection before the law, and innocence until proven guilty. As a government official, if he encouraged others to follow his example, he may also have committed incitement to violence.”

“The Philippines judicial authorities must demonstrate their commitment to upholding the rule of law and their independence from the executive by launching a murder investigation,” the UN human rights chief said. “The killings committed by Mr. Duterte, by his own admission, at a time when he was a mayor, clearly constitute murder. It should be unthinkable for any functioning judicial system not to launch investigative and  judicial proceedings when someone has openly admitted being a killer.”

Zeid said the President’s repeated calls for the police, military and the general public to engage in a ‘war on drugs’, bringing people in ‘dead or alive’, has fostered an environment of alarming impunity and violence.  Since assuming the presidency on 30 June, reports suggest a total of over 6,100 people have been killed either by police, or by vigilantes and mercenaries, apparently acting in response to the President’s war on drugs. In his public comments last week, Mr Duterte promised “For as long as there are drug lords, this campaign will go on until the last day of my term and until all of them are killed.”

“Despite police investigating thousands of the deaths perpetrated by vigilantes, there is surprisingly little information on actual prosecutions,” said Zeid. “Children as young as five years old have been the innocent victims of this appalling epidemic of extra-judicial killings.”

Zeid said that repeated statements indicating that immunity would be provided to police officers who engaged in human rights violations in the line of duty were “a direct violation of all democratic safeguards that have been established to uphold justice and the rule of law.”

“Credible and independent investigations must be urgently re-opened into the killings in Davao, as well as into the shocking number of killings that have occurred across the country since Mr. Duterte became president,” said Zeid. “The perpetrators must be brought to justice, sending a strong message that violence, killings and human rights violations will not be tolerated by the State and that no one is above the law.”

The High Commissioner expressed his full support to last Friday’s statement by the UN Special Rapporteur on summary executions, Agnes Callamard, calling on the Government of the Philippines to lift a series of preconditions it imposed on her planned visit to investigate the alleged extra-judicial killings of suspected drug dealers.

ENDS

For more information and media requests, please contact  Liz Throssell (141 22 917 9466 /  ethrossell@ohchr.org) or Rupert Colville (+41 22 917 9767 /rcolville@ohchr.org)

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NEWS RELEASE - UN expert calls for continued efforts against trafficking in persons in the US, with a stronger focus on labor exploitation

UN expert calls for continued efforts against trafficking in persons in the US, with a stronger focus on labor exploitation 

GENEVA (20 December 2016) – At the end of her first official visit* to the United States of America, the Special Rapporteur on trafficking in persons, Maria Grazia Giammarinaro, called for more effective action to detect cases of trafficking for forced labor and labor exploitation and to provide workers with remedies, including compensation.

The United States does have an impressive number of laws and initiatives to prevent and combat trafficking in persons says Special Rapporteur Giammarinaro, including the Victims of Trafficking and Violence Protection Act of 2000, which has been re-authorized and amended four times. “This is an indication of the ongoing commitment to address emerging forms of trafficking in persons, and adopt a victim centered approach,” the human rights expert said. She also acknowledged the recent Justice for Victims of Trafficking Act of 2014, which further strengthens the role of survivors to provide strategic advice to the Government. “I urge the new administration to ensure that this important endeavor continues”.

While the U.S.’s anti-trafficking action has mostly focused on trafficking for sexual exploitation, the Special Rapporteur calls for a coordinated approach to improve proactive responses to better protect vulnerable populations and to detect situations of trafficking for labor exploitation, forced and organized begging and trafficking for organ removal.

“In order to identify trafficking and protect trafficked persons’ rights, it is necessary to adopt a preventive approach and minimize vulnerabilities of people exposed to trafficking, especially undocumented migrants,” Ms Giammarinaro said. “For example, the temporary visa for migrant workers, in the agriculture or in other sectors, which ties every worker to a particular employer, exposes them to the risk of exploitation and trafficking, as they are prevented from denouncing exploitation for fear of losing their job or their residence status.”

Prevention must also be strengthened, particularly in relation to labor trafficking in the supply chains. “I praise the government for its zero tolerance policy against trafficking for labour exploitation in relation to public acquisitions in federal contracts. I also note that considerable efforts will now be required to implement and enforce these measures,” she said.

Regarding trafficking for sexual exploitation, she urges the competent authorities to stop the practice of arresting persons engaging in prostitution – especially women, girls and LGBTI. “They are potential victims of trafficking. However, the fear of prosecution, detention and expulsion is a major obstacle for trafficked persons who want to report their traffickers and exploiters,” she warned.

Ms. Giammarinaro also said it is imperative to ban the detention of children.“In particular, I urge States that have not yet done so, to pass ‘safe harbour’ laws so that sexually exploited children are protected from prosecution and detention”

“I am concerned that in some states there is a shortage of shelters and services for victims. I call for increased funding to non-profit organizations and public agencies that provide services to victims, especially long term housing solutions.”

The need for consistency between anti-trafficking and immigration policy is also crucial stresses Ms Giammarinaro. “Walls, fences and laws criminalizing irregular migration do not prevent human trafficking,” she said.  “On the contrary, they increase the vulnerabilities of people fleeing conflict, persecution, crisis situations and extreme poverty, who can fall easy prey to traffickers and exploiters.”

The Special Rapporteur said trafficked persons’ applications for immigration relief -  which enables them to regularize their status should be sped  up and claimants must be able to work while they awaiting a final decision.

“This will have a powerful impact on the process of regaining ownership of their lives, their sense of independence and freedom and their economic empowerment,” Ms. Giammarinaro said.

Figures for 2015 show that 75% of reported cases within the US were related to sex trafficking, 13% labor trafficking, 3% sex and labor trafficking and 9% not specified. Women and girls, migrant workers, unaccompanied and separated children, people fleeing conflict, young people running away from home, Native Americans, people from the LGBTI community and domestic workers - including those in diplomatic households - are at particular risk for labour and sex trafficking.

During her nine-day visit, the expert travelled to Washington DC, New York, California and Texas, where she met with victims, officials at Federal, State and local levels, representatives from civil society and businesses.  

(*) Read the Special Rapporteur’s end-of-mission statement: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21049&LangID=E  

ENDS

Ms. Maria Grazia Giammarinaro (Italy) was appointed as Special Rapporteur on trafficking in persons, especially women and children by the UN Human Rights Council in June 2014. She has been a Judge since 1991 and currently serves as a Judge at the Civil Court of Rome. She was the Special Representative and Co-ordinator for Combating Trafficking in Human Beings of the OSCE, and served in the European Commission’s Directorate-General for Justice, Freedom and Security in Brussels, where she was responsible for combating human trafficking and sexual exploitation of children. Ms. Giammarinaro drafted the EU Directive on preventing and combating trafficking in human beings and protecting its victims. Learn more, log on to: http://www.ohchr.org/EN/Issues/Trafficking/Pages/TraffickingIndex.aspx

The Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures’ experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity.

UN Human Rights, country page – United States:  http://www.ohchr.org/EN/countries/LACRegion/Pages/USIndex.aspx

For more information and media inquiries, please contact Selma Vadala (+41 22 917 9108 / svadala@ohchr.org), Thibaut Guillet (+41 22 917 9674 / tguillet@ohchr.org) or write to srtrafficking@ohchr.org.

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NEWS RELEASE - DRC: Zeid calls for rights to be upheld as president’s mandate nears end

DRC: Zeid calls for rights to be upheld as president’s mandate nears end

GENEVA (17 December 2016) -  A planned shutdown of social media in the Democratic Republic of the Congo from Sunday evening ahead of the end of President Joseph Kabila’s mandate, coupled with a continuing ban on demonstrations by civil society and the opposition, is deeply alarming, UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein said Saturday.

“We are especially concerned as Monday also marks three months since 54 people died in Kinshasa, when defence and security forces used excessive force against people calling for constitutional deadlines to be respected and for President Kabila to step down at the end of his second and final mandate. No one has to date been held accountable for this violent repression of demonstrations,” Zeid said.

Since the beginning of December, the UN Joint Human Rights Office in the DRC has documented at least 45 arrests of people trying to exercise their right to peaceful assembly. Of these, at least 16 people were detained in Bunia, Kinshasa and Goma in the context of the “Bye Bye Kabila” campaign organized by the Filimbi and Lucha  youth movements.  A further 26 people were reportedly arrested for their political links or because they belong to citizen movements.

“Intimidating and targeting opponents and civil society is not the answer. Silencing their views and stopping them from protesting is not the solution, and in fact is more likely to push them to resort to violence,” said Zeid

“We call on the Government, and especially its security forces, to take all necessary measures to guarantee the rights to freedom of association and of peaceful assembly.  We call on them to exercise restraint in line with their obligations under international human rights law related to the use of force during demonstrations. All responsible, at any level, for human rights violations must also be held accountable,” Zeid stressed.

“I am also concerned that DRC Government has asked internet providers and phone operators to block social media networks from Sunday evening. Such disruption is generally disproportionate and risks heightening tensions and fears, as it follows recent increased restrictions on independent media and on political debate,” he added. “I urge the authorities to reverse this order and to guarantee the right to freedom of expression and to access information, in line with the Congolese constitution.”

Under an agreement reached with some members of the opposition, elections are not expected before April 2018, with Mr. Kabila planning to stay on in office beyond 19 December.

Talks mediated by the Catholic Church have been taking place in Kinshasa to try to find a negotiated way forward beyond this date and to avoid violence. Respect for the Constitution and human rights principles and standards must be a cornerstone of any agreement achieved at these talks, the High Commissioner said.

“Let me stress how important the implementation of confidence-building measures is to reassure the Congolese population. I call on the Government to release all political prisoners, guarantee the independence of state institutions, including the judiciary, and open up the political space. At the same time, the opposition and civil society must strictly adhere to the peaceful exercise of their rights and freedoms,” the High Commissioner said.

“I urge all the Congolese to continue their efforts to achieve an agreement on the upcoming transitional period that respects the constitution and the human rights of all,” Zeid added.

ENDS

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NEWS RELEASE - UN expert rejects Philippines conditions for fact-finding mission on drugs war

UN expert rejects Philippines conditions for fact-finding mission on drugs war

GENEVA (16 December 2016) – The UN Special Rapporteur on summary executions has called on the Government of the Philippines to lift a series of preconditions it has imposed on her planned visit to investigate the alleged extra-judicial killings of suspected drug dealers since President Rodrigo Duterte took office.

Agnes Callamard said Special Rapporteurs follow the Code of Conduct adopted by the Human Rights Council, which should be honoured by the Government of the Philippines. She issued a detailed rebuttal* of the preconditions, saying some were beneath the dignity of the victims and of her mandate.

“I deeply regret the Government’s position and urge the authorities to reconsider their demands,” Ms. Callamard said.  “I have suggested an alternative in response to their proposals, which comply with the Human Rights Council’s code of conduct governing country visits by Special Rapporteurs.”

She added: “The conditions imposed by the Government of the Philippines could contravene both the spirit and the letter of the code of conduct and are not in line with the working methods of Special Procedures.”

The Government has denied media reports that it has cancelled Ms. Callamard’s visit, which is intended to look into the rising death toll in the context of President Duterte’s war on drugs.

But officials insisted the Special Rapporteur would have to “agree and comply with the conditions imposed by President Duterte in inviting her to visit the Philippines".

The Government has specified three demands for the visit to take place: that the Special Rapporteur holds a public debate with President Duterte; that the president can put forward his own questions to “whoever he deems appropriate, including the Special Rapporteur”; and that the Special Rapporteur takes an oath before answering questions from government officials and the President.

“It is crucial for the effective implementation of the mission that the UN terms of reference are fully accepted by governments and that the code of conduct is respected. These are essential guarantees which ensure that the mission delivers on its outcomes, to the benefit of all those involved,” Ms. Callamard said.  

(*) Read the Special Rapporteur’s position on the preconditions imposed by the Government of the Philippines:

A public debate with the president

The Special Rapporteur’s visit aims to examine the level of protection of the right to life in the Philippines, including in relation to the alleged extrajudicial killings in the context of the war on drugs.  Estimates by the authorities themselves suggest that close to 6,000 people have been killed since the beginning of President Duterte’s anti-drug campaign. Of these, 2,086 were allegedly killed in police operations and 3,841 in other circumstance, including vigilante-style killings.

Investigations carried out during a future visit may include a number of sensitive, if not confidential, matters including evidence in ongoing trials; ongoing investigations; killings which may not yet have been investigated; and meetings with alleged victims and alleged perpetrators.

Many of these matters should remain confidential for the sake of due process, in keeping with the principles of fair trial and presumption of innocence, and to avoid future accusations of contempt of court, amongst other things.  They cannot and should not be publicly debated.

“As per the code of conduct, I act in a manner consistent with my status at all times. This includes treating people with the utmost respect and offering them guarantees of confidentiality, respect and non-retaliation, while carefully interviewing them. These standards cannot be upheld when publicly debating these sensitive matters”.

At the end of country visits, Special Rapporteurs hold high-level debriefings where they share their findings with governments. The findings are preliminary, as further research and analysis will take place during the drafting of the mission report.  The methodology is thorough and the government and other parties have the opportunity to provide additional information.

For all these reasons, a public debate is not the appropriate forum to discuss these matters – for the sake of the victims and their families, of fair trials and due process, or frankly for the sake of the Philippines society and government itself. It is beneath the dignity of the victims and it also affects the dignity of my mandate.

President Duterte should have the opportunity to put forward his own questions to whoever he deems appropriate, including the Special Rapporteur

“The high-level debriefing with the government at the end of the visit provides an opportunity for the authorities to present their preliminary feedback and responses. The President of the Philippines will have plenty of opportunities to question me in the context of this debriefing, and refute or debate my preliminary findings as he sees fit. But these debriefings are confidential”.

“I have suggested to the government that the debriefing be followed by a joint press conference with President Duterte and myself, if he so wishes. This would be an opportunity for me to introduce briefly my preliminary findings and for the president to offer his own analysis or reply.  This format would uphold the principles that should guide my visit, while allowing the Government of the Philippines to publicly agree, disagree or refute the preliminary findings. This option does not seem to have been accepted thus far”.  

The Special Rapporteur should take an oath before answering questions from government officials

This demand strongly departs from the Code of Conduct of Fact-Finding Missions, which prescribes that mandate-holders are independent United Nations experts and that they shall not, inter alia “neither seek nor accept instructions from any government, individual, governmental or non-governmental organization or pressure group whatsoever” (Ref CC, art. 3.f).  When appointed by the 48 member states of the Human Rights Council in July 2016, I made a commitment to “perform my duties and exercise my functions from a completely impartial, loyal and conscientious standpoint, and truthfully (Ref. CC, art. 5). For these reasons, this demand is unacceptable.  

ENDS

Ms. Agnes Callamard (France) is the new Special Rapporteur on extrajudicial, summary or arbitrary executions. She has a distinguished career in human rights and humanitarian work globally. Ms. Callamard is the Director of Columbia Global Freedom of Expression at Columbia University and has previously worked with Article 19 and Amnesty International. She has advised multilateral organizations and governments around the world, has led human rights investigations in more than 30 countries, and has published extensively on human rights and related fields. Learn more, log on to:  http://www.ohchr.org/EN/Issues/Executions/Pages/SRExecutionsIndex.aspx

The UN Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights, is the general name of the independent fact-finding and monitoring mechanisms of the Human Rights Council that address either specific country situations or thematic issues in all parts of the world. Special Procedures’ experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity.

Read the Code of Conduct for Special Procedures Mandate-holders of the Human Rights Council:  http://www.ohchr.org/Documents/Issues/Executions/CodeOfConduct.pdf

UN Human Rights, country page – Philippines: http://www.ohchr.org/EN/Countries/AsiaRegion/Pages/PHIndex.aspx

For more information and media requests, please contact Johel Dominique (+41 22 928 9398 / jdominique@ohchr.org) or write to eje@ohchr.org.

You can access this press release at: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21045&LangID=E

 

For media inquiries related to other UN independent experts:

Xabier Celaya, UN Human Rights – Media Unit (+ 41 22 917 9383 / xcelaya@ohchr.org)  

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