NEWS RELEASE - UN experts condemn Viet Nam’s jailing of prominent blogger Mother Mushroom

UN experts condemn Viet Nam’s jailing of prominent blogger Mother Mushroom

GENEVA (30 June 2017) – Viet Nam must end what appears to be a pattern of targeting environmental defenders, UN human rights experts* have urged after the jailing of a popular blogger.

Ms. Nguyen Ngoc Nhu Quynh, an environmental human rights defender known as Mother Mushroom, was taken to court by the Government for spreading anti-State propaganda, after writing blogs critical of the authorities. She was jailed for 10 years on 29 June after a one-day trial, which followed nine months of detention.

“This was little short of a show trial, designed to intimidate other environmental activists,” the experts said. “Her detention was arbitrary. The trial did not meet international standards. She has been denied her fundamental right to due process,” the experts said.

“She has done no more than promote human rights through social media, and protect the environment from harm. In no country, including Viet Nam, should this be regarded as a crime. Mother Mushroom should be cleared of the propaganda crime and be immediately released.”

Ms. Quynh and several other environmental defenders have been targeted for highlighting the damage caused when toxic waste was discharged from the Formosa steel plant in Ha Tinh in April 2016. The incident polluted local waterways, killed many fish and caused grave environmental damage to the local ecosystem.

“The sentencing of Mother Mushroom and attacks against other human rights defenders appear to be retaliation for their legitimate environmental human rights work in the wake of the Formosa disaster in Viet Nam,” the experts said.  

“We are concerned that the retaliation against environmental defenders through arrest, detention and harassment are not isolated incidents, but are part of a broader pattern of human rights violations targeted at activists who have tried to help the Formosa victims.”

“We fear that the Government is increasingly targeting bloggers and the organizers of peaceful protests to deter wider legitimate civic and environmental activism,” they said.

The experts expressed concern that their earlier pleas for Ms. Quynh’s release were not heeded, even though they believed her prolonged detention was linked to her exercise of the right to freedom of expression on a matter of public interest.

They further stressed that last month the UN working group on arbitrary detention found that her deprivation was arbitrary, and requested the Government to immediately release her and provide compensation.

“This sentence is the culmination of eight years of continuous harassment suffered by Ms. Quynh, including frequent travel bans, intimidation, physical assaults, threats and hindrance from joining peaceful protests,” the experts said.

The experts have been in contact with the Government of Viet Nam about the situation.  

 ENDS

(*) Mr. John H. Knox, Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment; Mr. David Kaye, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Mr. Michel Forst, Special Rapporteur on the situation of human rights defenders, Mr. Baskut Tuncak, Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, Mr. José Guevara, Chair-Rapporteur of the Working Group on Arbitrary Detention 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. Special Procedures mandate-holders are independent human rights experts appointed by the Human Rights Council to address either specific country situations or thematic issues in all parts of the world. They are not UN staff and are independent from any government or organization. They serve in their individual capacity and do not receive a salary for their work.

For inquiries and media requests, please contact:Jamshid Gaziyev (+41 22 917 9183 / jgaziyev@ohchr.org)

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Spokesperson for the UN High Commissioner for Human Rights: Rupert Colville

                                                                                                                           30 June 2017 

Spokesperson for the UN High Commissioner for Human Rights: Rupert Colville

Location:      Geneva

Subject:        (1) Iraq     (2) Al Jazeera     (3) Venezuela     (4) Guatemala

(1)        Iraq

We are extremely concerned at the situation of civilians in Mosul where fighting is becoming ever more intense and concentrated as Iraqi Security Forces, supported by the international coalition, push to retake the whole of the city from ISIL. We remind all parties to the conflict that they must abide by the principles of humanity, distinction, proportionality and precaution in carrying out military operations.

As Mosul is increasingly liberated from ISIL, we are seeing an alarming rise in threats, specifically of forced evictions, against those suspected of being ISIL members or whose relatives are alleged to be involved with ISIL – threats that have also been made in other areas.

We have received reports of so-called night letters left at families’ houses or distributed in neighbourhoods, including in Sharqat in Salahadin Governorate, Al Heet City in Al Anbar and Al-Qayyarah in Ninewa Governorate, as well as in Mosul City. These letters typically warn people to leave by a particular date or face forced expulsion. Many of these threats are the result of tribal agreements that explicitly demand that families of affiliated ISIL members be excluded from the area.

Hundreds of families have been threatened with forced displacement and such developments are extremely worrying. People are at real risk of forced eviction from their homes and losing access to basic necessities, including adequate housing, food, access to health services and education.

Illegal forced evictions and forcible displacement may amount to collective punishment and are in clear contravention of the Iraqi Constitution, international human rights and international humanitarian law. Criminal liability is strictly personal to the individual involved in the commission of the crime for which she or he has been convicted by a court of law, according to the facts.  In no way can responsibility for crimes be transferred to any another innocent person.

We urge the Iraqi Government to take action to halt such imminent evictions or any type of collective punishment, and to reinforce the formal justice system to bring perpetrators to justice. Illegal forced evictions are acts of vengeance that are detrimental to national reconciliation and social cohesion.

(2)        Al Jazeera

Over the past three weeks, the High Commissioner has been raising concerns, both publicly and directly with States, about the various human rights issues arising out of the dispute between Qatar and four other countries in the region.

This alarming dispute has been taken to a new level with the inclusion of some fundamental rights and freedoms in the list of demands imposed on Qatar by Saudi Arabia, the United Arab Emirates, Bahrain and Egypt, with a 10-day deadline for implementation ending on 4 July. In addition to the issues we have already raised about the impact on ordinary people in the region, the High Commissioner is extremely concerned by the demand that Qatar close down the Al Jazeera network, as well as other affiliated media outlets.

Whether or not you watch it, like it, or agree with its editorial standpoints, Al Jazeera’s Arabic and English channels are legitimate, and have many millions of viewers. The demand that they be summarily closed down is, in our view, an unacceptable attack on the right to freedom of expression and opinion.

If States have an issue with items broadcast on other countries’ television channels, they are at liberty to publicly debate and dispute them. To insist that such channels be shut down is extraordinary, unprecedented and clearly unreasonable.

If it were to actually happen, it would open a Pandora’s Box of powerful individual States or groups of States seriously undermining the right to freedom of expression and opinion in other states, as well as in their own. The High Commissioner therefore once again urges all five States to take measures to solve this dispute in a calm, reasonable and lawful manner, and to ensure that any actions they take do not impact on the human rights of their own and other countries’ citizens and residents.

(3)        Venezuela

The decision by the Venezuelan Supreme Court on 28 June to begin removal proceedings against the Attorney General, freeze her assets and ban her from leaving the country is deeply worrying, as is the ongoing violence in the country.

We are also disturbed by the decision on 27 June by the Supreme Court’s Constitutional Chamber to declare her appointment of a deputy attorney general to be null and void, and to appoint instead a temporary deputy, in violation of the appointment procedure under Venezuelan law. The Chamber also granted some of the Attorney General’s, until now, exclusive functions to the Ombudsperson.

Since March, the Attorney General has taken important steps to defend human rights, documenting deaths during the wave of demonstrations, insisting on the need for due process and the importance of the separation of powers, and calling for people who have been arbitrarily detained to be immediately released.

We are concerned that the Supreme Court’s decisions appear to seek to strip her Office of its mandate and responsibilities as enshrined in the Venezuelan Constitution, and undermine the Office’s independence.

The dismissal of judicial officials should be subject to strict criteria that do not undermine the independent and impartial performance of their functions. According to the UN Guidelines on the Role of Prosecutors, States should ensure that prosecutors are able to perform their professional functions without intimidation, hindrance, harassment, improper interference or unjustified exposure to civil, partial or other liabilities.

We note that up to 22 June, according to the Attorney General’s Office, 75 people had died and some 1,419 had been injured in the continuing protests. Most recently, three young demonstrators were reportedly killed by members of the security forces – two by firearms and one who died when a tear gas canister was reportedly shot directly at him by a police officer. In addition, there are increasing reports that security forces have raided residential buildings, conducted searches without warrants and detained people, allegedly with the intention of deterring people from participating in the demonstrations and searching for opposition supporters.

We urge all powers of the Venezuelan State to respect the Constitution and the rule of law, and call on the Government to ensure that the rights to freedom of peaceful assembly and freedom of opinion and expression are guaranteed.

We also call on all people in Venezuela to only use peaceful means to make themselves heard and urge all parties to renounce violence and harassment of opponents.

(4)        Guatemala

The situation of some 100 families who have been displaced from their homes in the Laguna Larga community in the Petén region of Guatemala is extremely worrying. These families, who are currently living on the border with the Mexican state of Campeche, fled in anticipation of a forced eviction scheduled for 2 June ordered by a court. 

Since then, the families have been living in extremely precarious conditions -  in tents and   dependent on short-term humanitarian assistance, including food, water, medicine and hygiene items provided by the government of Guatemala, as well as by some non-governmental organizations. Supplies are reported to be running low, according to official sources.

We are very concerned that the evictions were ordered without ensuring that firm resettlement and protection plans for the affected families were in place, as required by international human rights standards – leaving the families quite literally with no place to go. The displaced families must be given adequate humanitarian assistance until appropriate relocation measures are in place.

We understand that further evictions from the area, which lies within the Laguna del Tigre National Park, are scheduled for the coming weeks, potentially leading to a crisis situation and potential violence. This situation is heightened by the weak presence of the State, and the operation of illicit activities, including drug trafficking, in the region.

Given the widespread problem of land tenure insecurity in Guatemala, forced evictions are common. Such evictions should only be carried out as a last resort, after exhausting all other alternatives, and in accordance with adequate measures before, during and following the eviction, with special protection provided for women, children and indigenous peoples, among others.

It Is essential that the Guatemalan Government takes urgent steps to establish a dialogue in good faith with the displaced families from Laguna Large, as well as other communities at risk of forced evictions, in order to find adequate and acceptable alternative solutions.

ENDS

For more information and media requests, please contact Rupert Colville (+41 22 917 97 67 / rcolville@ohchr.org) or Liz Throssell (+41 22 917 9466/ ethrossell@ohchr.org)

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Sustainable development must put people not profits first, UN rights experts stress

Sustainable development must put people not profits first, UN rights experts stress

  

GENEVA / PARIS (30 June 2017) - Governments and business leaders must put people – not profits – first as the world moves towards action on the UN’s Sustainable Development Goals, UN human rights experts have today told a major world conference in Paris.

Human rights must be embedded in policies and practice as countries begin to translate the ambitious global goals into concrete measures, the experts told the annual OECD Global Forum on Responsible Business Conduct.

“A development path in which human rights are not respected and protected cannot be sustainable, and would render the notion of sustainable development meaningless,” said Anita Ramasastry, one of the five members of the UN Working Group on business and human rights.

The goals, agreed by world leaders as part of the UN’s 2030 agenda for sustainable development, envisage partnerships between the private sector and governments as part of efforts to solve the world’s development challenges.

However, unless these business contributions are based on accountability and respect for human rights, the private sector risks undermining rather than supporting sustainable development, the UN experts stressed.

“For example, if a green energy project leads to displacement of an indigenous community without their consent, proper consultations and redress, the term ‘sustainable development’ rings hollow,” said Dante Pesce, another member of the UN expert group speaking at the conference.

When business activities respect people’s rights, the potential positive contribution to realizing development for all can be tremendous, the group underlined.

“Businesses can play a positive role simply by being responsible,” Mr. Pesce said. “For example, on the goal of achieving gender equality, if a company finds that its employment practices discriminate against women, and then takes effective steps to end this human rights abuse, this will make a real and significant contribution to sustainable development by advancing women’s role in economic life.”

Ms. Ramasastry added: “States are in the driver’s seat for setting development priorities in line with the UN Sustainable Development Goals. If they are working in partnership with the private sector, they must ensure that the firms involved are taking steps to respect human rights across their operations.

“The most powerful way for businesses to accelerate development is to embed respect for human rights across the whole of their operations and value chains.”

The UN Working Group presented a set of key recommendations designed to inform a series of international meetings this summer that have sustainable development on the agenda, including the current OECD global forum in Paris, the G20 summit in Hamburg on 7-8 July and the UN High-Level Political Forum in New York on 10-19 July. The role of business in sustainable development will also be on the agenda of the annual UN Forum on Business and Human Rights in Geneva on 27-29 November.

The UN experts stressed that the UN Guiding Principles on Business and Human Rights provide a clear roadmap for protecting and respecting human rights in the context of business.  

ENDS

The Working Group on human rights and transnational corporations and other business enterprises was established by the UN Human Rights Council in June 2011. Its current members are: Mr. Michael Addo (current Chairperson), Mr. Surya Deva (current vice chair), Mr. Dante Pesce, Ms. Anita Ramasastry and Mr. Pavel Sulyandziga.

The Working Groups 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 human rights monitoring mechanisms. The Working Groups report to the Human Rights Council and to the UN General Assembly.  Special Procedures mandate-holders are independent human rights experts appointed by the Human Rights Council to address either specific country situations or thematic issues in all parts of the world. The experts are not UN staff and are independent from any government or organization. They serve in their individual capacity and do not receive a salary for their work.

For additional information and media requests please contact the Working Group Secretariat at: +41 22 917 9323 / wg-business@ohchr.org).

You can read this press release here: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21816&LangID=E

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UN experts call for resistance as battle over women’s rights intensifies

UN experts call for resistance as battle over women’s rights intensifies

GENEVA (28 June 2017) - Women’s rights are facing an alarming backlash in many parts of the world, and it is critically important to press on with further setting of standards on gender equality, a group of UN independent experts* has warned.

“The world is at a crossroads, with the very concept of gender equality being increasingly contested in some quarters,” said the experts.

“We feel it is time to reiterate the backlash against the progress which has been made in promoting and protecting women’s human rights. The polarization in the battle for rights is being demonstrated increasingly, and regressive positions have become a serious threat to the human rights legal framework.

“The international community needs to keep moving forward on setting standards on gender equality to counter the alarming trends which are undermining human rights principles and jeopardizing the gains made in women’s rights.”

The experts restate their support for the repeal of all laws that discriminate against women on traditional, cultural or religious grounds and laws that exclusively or disproportionately criminalize action or behaviour by women and girls.

They also stress women’s rights to make decisions about their own bodies, and to receive comprehensive sexuality education so they can enjoy their right to sexual and reproductive health.

“We need more than ever to protect the fundamental principle that all rights are universal, indivisible, interdependent and interrelated,” the experts said.

“Despite this unbreakable principle, upheld in the 1993 Vienna Declaration on human rights, we are witnessing efforts by fundamentalist groups to undermine the foundation on which the whole human rights system is based.  Some of these efforts are based on a misuse of culture, including religion and tradition, or on claims related to State sovereignty.

“Under the disguise of protecting the family, some States are taking initiatives aimed at diluting human rights. We obviously recognise that the family is the fundamental group unit of society and is entitled to protection, but we insist on the need to re-assert women's right to equality in all aspects of family life and recognise that diverse forms of families exist.”

The experts stress that discriminatory practices frequently take place within families, where, for example, women and girls may be limited to certain roles, experience harmful practices and patriarchal oppression, and suffer other human rights abuses including domestic violence and sexual abuse.

The experts insist that international human rights bodies need to guard against the backlash being witnessed, to ensure that the human rights legal framework is not undermined.

“In the current context, where women’s rights are being pushed back in all regions of the world, we need to continue denouncing any anti-rights rhetoric and actions which hinder the implementation of human rights standards, in particular regarding gender equality. Without equal rights in the family, gender equality will never be achieved,” the experts conclude.

ENDS

*The experts: UN Working Group on discrimination against women in law and practice; Special Rapporteur in the field of cultural rights Karima Bennoune; Special Rapporteur on freedom of religion or belief Ahmed Shaheed; Independent Expert on sexual orientation and gender identity Vitit Muntarbhorn; and Special Rapporteur on violence against women, its causes and consequences Dubravka Šimonović.

The UN Working Group on the issue of discrimination against women in law and in practice was created by the Human Rights Council in 2011 to identify, promote and exchange views, in consultation with States and other actors, on good practices related to the elimination of laws that discriminate against women. The Group is also tasked with developing a dialogue with States and other actors on laws that have a discriminatory impact where women are concerned.

The Working Group is composed of five independent experts: the Current Chair-Rapporteur Alda Facio (Costa Rica), Kamala Chandrakirana (Indonesia), Frances Raday (Israel/United Kingdom), Emna Aouij (Tunisia) and Eleonora Zielinska (Poland).  

The Working Groups 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. Special Procedures mandate-holders are independent human rights experts appointed by the Human Rights Council to address either specific country situations or thematic issues in all parts of the world. They are not UN staff and are independent from any government or organization. They serve in their individual capacity and do not receive a salary for their work.

For inquiries and media requests, please contact: Bernadette Arditi (+41 22 917 9159 or +41 79 752 0483 / barditi@ohchr.org) or Hannah Wu (+41 22 917 9159 / hwu@ohchr.org ) or write to wgdiscriminationwomen@ohchr.org

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Civilians trapped in Al-Raqqa in urgent need of protection / Syrie: Les civils pris au piège à Raqqa doivent absolument être protégés

La version française se trouve ci-dessous

Arabic version attached

Syria: Civilians trapped in Al-Raqqa in urgent need of protection

GENEVA (28 June 2017) – UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein on Wednesday expressed grave concern for the fate of civilians caught up in the anti-ISIL offensive in Al-Raqqa, where up to 100,000 civilians are effectively trapped as the air and ground offensive intensifies. Civilian casualties continue to be reported and escape routes are increasingly sealed off.

According to data collected by the UN Human Rights Office, at least 173 civilians have been killed by air and ground strikes since 1 June – although this is very likely a conservative estimate and the real death toll may be much higher. While some did manage to leave after paying large sums of money to smugglers, including smugglers affiliated with ISIL, reports continue to emerge of ISIL preventing civilians from fleeing. Those who attempt to flee also risk being killed by landmines or getting caught in the crossfire.

“The intense bombardment of Al-Raqqa over the past three weeks has reportedly left civilians terrified and confused about where they can seek refuge as they are caught between ISIL’s monstrosities and the fierce battle to defeat it,” High Commissioner Zeid said. “The large number of civilian casualties indicates that much more needs to be done by the parties to ensure protection of the civilian population.”

“Civilians must not be sacrificed for the sake of rapid military victories,” Zeid stressed.

The High Commissioner called on all forces battling ISIL in Al-Raqqa, including international forces, to review their operations to ensure full compliance with international law, including taking all feasible precautions to avoid loss of civilian lives. Where there are reports of civilian casualties, they must be promptly and effectively investigated.

Zeid called on parties to the conflict to put in place measures to allow civilians who wish to flee the fighting to do so in safety.

There are also worrying reports of violations and abuses by the armed group, the Syrian Democratic Forces (SDF), in areas under its control, such as Tabqa city, including looting, abductions, arbitrary detentions during screening processes as well as the recruitment of children.

ENDS

For more information and media requests, please contact Rupert Colville (+41 22 917 9767 / rcolville@ohchr.org) or Ravina Shamdasani (+41 22 917 9169 / rshamdasani@ohchr.org) or Liz Throssell (+41 22 917 9466 / ethrossell@ohchr.org)

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Syrie: Les civils pris au piège à Raqqa doivent absolument être protégés

GENÈVE (28 juin 2017) – Le Haut-Commissaire des Nations Unies aux droits de l’homme Zeid Ra’ad Al Hussein a fait part ce mercredi de sa profonde inquiétude pour le sort des civils dans le contexte de l’offensive menée par les Forces démocratiques syriennes (FDS) pour reprendre la ville de Raqqa aux djihadistes. Près de 100 000 civils sont actuellement pris au piège dans la capitale de Daesh. Avec l’intensification des frappes aériennes et des combats au sol, le nombre de victimes civiles augmente et les voies de fuite se ferment les unes après les autres.

Selon des données recueillies par le Haut-Commissariat des Nations Unies aux droits de l’homme, au moins 173 civils – il s’agit ici d’une estimation prudente, et le nombre réel pourrait être bien plus élevé – ont été tués dans les combats depuis le 1er juin. Si certains sont parvenus à fuir après avoir payé des sommes importantes à des passeurs, y compris à des passeurs inféodés à Daesh, des informations continuent d’arriver, qui accusent les djihadistes d’empêcher les civils de fuir les combats. Ceux qui y arrivent risquent en outre d’être tués par des mines ou d’être pris dans les échanges de tirs.

«Les bombardements de ces trois dernières semaines sur Raqqa ont laissé les civils dans un état de terreur et de confusion quant aux possibilités de trouver refuge entre les atrocités commises par les soldats de Daesh et la lutte acharnée pour les défaire. Le grand nombre de victimes civiles montre que les parties en présence doivent en faire beaucoup plus pour assurer la protection de la population civile, » a déclaré le Haut-Commissaire Zeid.

«Les civils ne peuvent être sacrifiés sur l’autel des victoires militaires rapides.»

Le Haut-Commissaire a appelé toutes les forces, y compris les troupes soutenues par la coalition internationale, qui combattent les djihadistes à Raqqa à veiller à ce que leurs opérations soient pleinement conformes au droit international. Elles doivent prendre toutes les précautions nécessaires pour éviter les pertes civiles. Quand des rumeurs font état de victimes civiles, elles doivent faire l’objet d’une enquête rapide et efficace.

M. Zeid a également exhorté les parties au conflit à mettre en place des mesures qui permettent aux civils qui souhaitent fuir les combats de le faire en toute sécurité.

Les Forces démocratiques syriennes se seraient elles-mêmes rendues coupables de violations des droits de l’homme et d’abus de ces droits dans les zones qu’elles contrôlent, notamment dans la ville de Tabqa, et entre autres d’actes de pillage, d’enlèvements, de détentions arbitraires dans le cadre des opérations de filtrage, ainsi que de recrutement d’enfants.

FIN

Pour toute demande de la part des médias, prière de contacter Rupert Colville (+41 22 917 9767 / rcolville@ohchr.org ) ou Ravina Shamdasani (+41 22 917 91 69 / rshamdasani@ohchr.org) ou Liz Throssell (+41 22 91794 66 / ethrossell@ohchr.org)

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UN women’s rights committee to review Barbados, Costa Rica, Italy, Montenegro, Niger, Nigeria, Romania and Thailand

UN women’s rights committee to review Barbados, Costa Rica, Italy, Montenegro, Niger, Nigeria, Romania and Thailand

GENEVA (29 June 2017)  – The UN Committee on the Elimination of Discrimination against Women (CEDAW) is meeting in Geneva from 3 to 21July  to review women’s rights in the following countries: Barbados, Costa Rica, Italy, Montenegro, Niger, Nigeria, Romania and Thailand.

The above countries have ratified the Convention on the Elimination of All Forms of Discrimination against Women and are reviewed regularly by CEDAW on how they are implementing the Convention. The Committee, which is composed of 23 international independent experts, will hold dialogues with delegations from the respective governments and will also be briefed by NGOs and national human rights institutions.

The Committee’s dialogues with the delegations will take place from 10:00 to 13:00 and from 15:00 to 17:00 at Palais des Nations – Room XVI and will be webcast at http://webtv.un.org/.

CEDAW’s findings, officially termed concluding observations, on the countries reviewed, will be published on 24 July here.

A news conference to discuss the findings is scheduled for 12.30 on 24 July at the Palais des Nations in Geneva. 

ENDS

For more information on the work of CEDAW please contact Jakob Schneider at jschneider@ohchr.org 

For media requests please contact:

Nicoleta Panta, +41(0) 22 9179310/npanta@ohchr.org

Media accreditation – click here.

Background

CEDAW is composed of 23 independent human rights experts drawn from around the world. They serve in their personal capacity and not as representatives of States parties. The Committee’s concluding observations are an independent assessment of States’ compliance with their human rights obligations under the treaty.

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NEWS RELEASE - EU needs greater focus on human rights impact of sanctions – UN expert

EU needs greater focus on human rights impact of sanctions – UN expert

BRUSSELS / GENEVA (23 June 2017) - The European Union has made progress in ensuring its sanctions allow for legal challenges and don’t harm human rights, but more work remains to be done, a UN rights expert has concluded after his first official visit to Brussels.

“If sanctions are ever to be used, they should only address direct security threats or internationally recognized human rights violations,” Special Rapporteur Idriss Jazairy said.

The expert said he had held “open and extensive” discussions with officials during his four-day visit, which was undertaken to assess the impact of EU sanctions on human rights, including the right to life and the right to development.

Mr. Jazairy praised EU institutions for making progress in ensuring that sanctions did not have a negative impact on human rights, and for allowing the targeted parties to seek judicial review. He also welcomed the consistent position of the EU not to claim and indeed to oppose extraterritorial enforcement of domestic legislation concerning unilateral sanctions.

“These steps, though they need to be further reinforced, are important commitments by the EU and its members to ensure that the States or individuals targeted by sanctions have the possibility of effective remedies,” said Mr. Jazairy.  

“EU sanctions offer a measure of due process for those being targeted, and even though this is still insufficient, it compares favourably to the legal remedies available in other blocs and States that impose sanctions.”

The Special Rapporteur highlighted a sanctions “stalemate” in the international community, with most countries agreeing that sanctions had to be adopted by the UN Security Council in order to be compatible with international law, while States that frequently use sanctions believe there are exceptions to this principle.

He said common ground could be found, suggesting a declaration on minimum standards of behaviour. It would be aimed at further mitigating the impact on human rights until the international community could agree on giving up on the “very blunt policy tool” of unilateral sanctions.  Mr. Jazairy said it was hoped that beyond that point, sanctions would only be enacted through the UN Security Council as provided for under the UN Charter.

The UN expert urged the EU to clarify the practical implications of its legal requirements and to make clear that humanitarian exemptions from sanctions should be mandatory.  He said these exemptions should become effective and be communicated to financial institutions and other stakeholders at the time of the enforcement of sanctions, so as to avoid a protection gap between the start of sanctions and decisions on humanitarian exceptions.

Mr. Jazairy also called on EU institutions to reiterate their endorsement of the principle identified by the Committee on Economic, Social and Cultural Rights, that “when an external party takes upon itself even partial responsibility for the situation within a country… it also unavoidably assumes a responsibility to do all within its powers to protect the economic, social and cultural rights of the affected population”. He stressed that this would be in line with the EU’s commitment to uphold human rights and international law.

During his visit, the Special Rapporteur met representatives of the European Commission, European Parliament and European External Action Service.  He will submit a report on his findings to the Human Rights Council in September 2018.

ENDS

Mr. Idriss Jazairy was appointed by the Human Rights Council as the first Special Rapporteur on the negative impact of the unilateral coercive measures on the enjoyment of human rights. He took office in May 2015. Mr. Jazairy has extensive experience in the fields of international relations and human rights with the Algerian Foreign Ministry, the UN human rights system and international NGOs. He holds a M.A. (Oxford) in Philosophy, Politics and Economics, and an M.P.A. (Harvard). He also graduated from the École Nationale d’Administration (France). Mr. Jazairy is the author of books and of a large number of articles in the international press on development, human rights and current affairs.

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.

For more information on the visit please see:

http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21790&LangID=E

For more information and media requests, please contact Stee Asbjornsen (+41 22 917 9827 / sasbjornsen@ohchr.org ) or write to ucm@ohchr.org

Concerned about the world we live in? Then STAND UP for someone’s rights today. #Standup4humanrights and visit the web page at http://www.standup4humanrights.org

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OHCHR PRESS BRIEFING NOTES - (1) Yemen (2) Mosul mosque and minaret

Spokesperson for the UN High Commissioner for Human Rights: Ravina Shamdasani

Location:      Geneva

Subject:        (1) Yemen

                (2) Mosul mosque and minaret

(1) Yemen

The UN Human Rights Office in Yemen continues to document reports of civilian casualties as a result of the conflict. Over the past month, we have been able to verify a total of 49 civilian deaths.

Between 21 May and 6 June, 19 civilians were killed in Taizz. Witnesses interviewed by the UN Human Rights Office said the victims were hit by shelling attacks by the Popular committees affiliated with the Houthis. Twelves shelling incidents reportedly hit 10 civilian neighbourhoods and two markets. Also on 21 May, seven civilians were killed reportedly as a result of mortar attacks from areas controlled by fighters affiliated with Popular Resistance Committees and Army Units loyal to President Hadi.

We have also documented the deaths of at least 23 civilians on 17 June as a result of an airstrike, helicopter attack and shelling on a house and nearby market area located just a few hundred metres from the Yemen-Saudi border in Shada District in Sa’ada Governorate.

According to information gathered by the UN Human Rights Office, the airstrike hit a house on the western side of the marketplace in the village of Moshnaq at about 12:30 pm on Saturday. Local people told our Yemen team that the house is used by Qat smugglers as a staging post where they wait for night-time when they cross into Saudi Arabia and that some 25 people were believed to be in the house at the time of the strike. Residents said those who survived the airstrike tried to flee the building but came under machinegun attack from helicopters that flew over the area some 10 minutes after the airstrike. Rescuers from neighbouring villages were unable to reach the market for an hour as shelling reportedly continued.

Interviewees told our Yemen team that there was no prior warning of the attack.

During the more than two years since the conflict in Yemen began, marketplaces have been struck a number of times, causing loss of civilian life.

We recall that indiscriminate or disproportionate attacks or attacks targeting civilian objects such as markets are prohibited under international humanitarian law. We remind all parties to the conflict of their obligation to ensure full respect for international human rights law and international humanitarian law. 

All incidents resulting in civilian casualties, including the attack on the house in Shada District, must be thoroughly investigated to ensure accountability when breaches of international law have been found to have taken place.

The outbreak of cholera has affected eight prisons and detention centres in six governorates. Some 50 prisoners have contracted cholera and there are 72 other suspected cases. In the best of circumstances, prisoners are among the most vulnerable members of society. In the Yemeni context, this is even more so. 

Since March 2015, the UN Human Rights Office has recorded a total of 13,504 civilian casualties, including 4,971 killed and 8,533 injured.

(2) Mosul mosque and minaret

We condemn the destruction of the al-Nuri Mosque and the Hadba Minaret in the Iraqi city of Mosul on Wednesday 21st  June.  Reports indicate that it was blown up deliberately by ISIL as Iraqi security forces were approaching.

This destruction is the latest in a long line of such horrendous acts by ISIL, which has targeted landmark religious sites, including churches, mosques, shrines, tombs and graves.

Such intentional destruction is an attack on the religious and cultural heritage of the Iraqi people – and the whole world.  International humanitarian law clearly prohibits such acts, and perpetrators who target these objects while being aware of their religious and historical character may be held accountable for war crimes, as in the groundbreaking Timbuktu case at the International Criminal Court.

ENDS

For more information and media requests, please contact Rupert Colville (+41 22 917 9767 / rcolville@ohchr.org) or Liz Throssell  ( +41 22 917 9466/ ethrossell@ohchr.org ) or Ravina Shamdasani (+41 22 917 9169 / rshamdasani@ohchr.org )

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NEWS RELEASE - Business and human rights: States’ duties don’t end at the national borders

Business and human rights: States’ duties don’t end at the national borders

GENEVA (23 June 2017) – States should control corporations across national borders to protect communities from the negative impacts of their activities, UN human rights experts have said in an authoritative new guidance * on the Obligations of States parties to the International Covenant on Economic, Social and Cultural Rights (CESCR) in the context of business activities.

“States should regulate corporations that are domiciled in their territory and/or jurisdiction. This refers to corporations which have their statutory seat, central administration or principal place of business on their national territory,” the experts of the UN Committee on Economic, Social and Cultural rights say in the guidance*, officially termed the General Comment, published today.

In practice, the Committee expects home States of transnational corporations to establish appropriate remedies, guaranteeing effective access to justice for victims of business-related human rights abuses when more than one country is involved.

In light of the practices revealed by the Panama Papers and the Bahamas Leaks, the General Comment emphasizes that States should ensure corporate strategies do not undermine their efforts to fully realize the rights set out in the Covenant.

"To combat abusive tax practices by transnational corporations, States should combat transfer pricing practices and deepen international tax cooperation,” the guidance states.

“Lowering the rates of corporate taxes with a sole view to attracting investors encourages a race to the bottom that ultimately undermines the ability of all States to mobilize resources domestically to realize Covenant rights.”

"This practice is inconsistent with the duties of the States parties to the Covenant. Providing excessive protection to bank secrecy and permissive rules on corporate tax may affect the ability of States where economic activities are taking place to mobilize the maximum available resources for the implementation of economic, social and cultural rights.”

The new General Comment sets out what States can and must do in order to ensure that companies do not violate rights such as the right to food, housing, health or work, which the States themselves are bound to respect.

“If States take seriously their duties to ensure businesses comply with economic, social and cultural rights, markets can gradually contribute to the aims of the Covenant. They will be more sustainable and move societies in the right direction. Communities will also be better protected from the negative impacts of corporate activities where they have had the most damaging consequences, such as in the extractive industry,” said Virginia Bràs Gomes, Chairperson of the UN Committee on Economic, Social and Cultural rights.

The Co-Rapporteur of the General Comment, Olivier de Schutter, emphasized: “Businesses cannot ignore that the expectations of society are changing. The first ones to change shall be rewarded by consumers, whose purchasing choices are increasingly driven by immaterial aspects — the reputation of the company, and the ethical and sustainability dimensions associated with its products.”

The experts highlighted that the issue of business and human rights had been addressed recently in different forums, including the Human Rights Council and the International Labour Conference, and through a combination of tools — regulations, self-imposed codes of conduct, economic incentives and action plans.

“These initiatives show how the field is fast-growing, and this is welcome. It entails the risk, however, that States lose sight of what is obligatory, as opposed to what is simply recommended as a good practice,” added Zdzislaw Kedzia, the Vice-Chair of the UN Committee on Economic, Social and Cultural rights. 

“It also may be tempting for States to seek refuge behind the initiatives taken by the corporate sector, rather than adopting the appropriate regulatory and policy initiatives that they must adopt. Our General Comment seeks to recall their obligations under the Covenant and define the role they must assume in regulating corporate conduct.”

ENDS

For media requests please contact:

Nicoleta Panta, +41(0) 22 9179310/npanta@ohchr.org

Background

* The General Comment provides guidance for the 165 States parties to the Covenant and defines their duties based on the experience gained by the Committee in the examination of State reports since 30 years. 

The adoption of the General Comment followed a widespread consultation with States, academic research institutes and civil society organisations, as well as international organisations such as the Council of Europe and the International Labour Organisation.

Read the General Comment here.

Members of the Committee on Economic, Social and Cultural Rights are independent human rights experts drawn from around the world, who serve in their personal capacity and not as representatives of States parties. The Committee’s concluding observations are an independent assessment of States’ compliance with their human rights obligations under the treaty. More information:  

http://www.ohchr.org/en/hrbodies/cescr/pages/cescrindex.aspx

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