In the upcoming 55th session of the UN Human Rights Council (26 February to 05 April 2024) CIVICUS, the global civil society alliance with a mandate to strengthen citizen action and civil society throughout the world, will prioritise protecting civic space and fundamental freedoms, supporting civil society where they face grave risk, as well as bringing the voices of civil society and enabling the participation of civic groups and grassroots organisations to the Council.
More people than ever before live in countries where state and non-state actors are routinely allowed to imprison, injure and kill people for exercising their fundamental freedoms and over 85% of the world’s population currently live in countries with serious civic space restrictions. The CIVICUS Monitor has documented that global civic space conditions which enable the participation of civil society in decision making are increasingly challenging, with only 2.1% of people living in ‘open’ countries where civic space is both free and protected, the lowest percentage and almost half the rate of six years ago when the Monitor was launched. In this context, it is vital the Human Rights Council effectively respond to regression both the regression of civic space globally and specific country situations.
In the aftermath of the 75th anniversary of the Universal Declaration of Human Rights (UDHR), of the 30th anniversary of the Vienna Declaration and Programme of Action and of the 25th anniversary of the Declaration on Human Rights Defenders, concrete Council action on specific themes and situations of concern urgently needs to be reinvigorated. In the face of multiple intersecting crises, including violent conflict, international human rights law and international humanitarian law violations, and deepening inequality, enhancing civil society participation at the Council can catalyse the negotiation of higher human rights standards as well as pre-emptive diplomacy and efforts to address the root causes of protracted conflicts and global challenges. Given the crucial role it has in drawing international attention to human rights crises, the Human Rights Council is best placed to play a preventative role, including by recognising the deterioration in civic space conditions as early warning signs of serious deterioration in the human rights situation.
At the beginning of 2024, hostilities are raging in Israel-Palestine, Ukraine, Sudan and the Sahel region and millions of people continue to suffer from the negative consequences of protracted conflicts and oppression in many countries of the countries on Council agenda (Afghanistan, Myanmar, Nicaragua, Syria and Yemen, among others) as well as in countries not on Council agenda. In the face of prominent violations of international frameworks, this year also marks other important anniversaries at the UN level, including the 10th anniversary of the entry into force of the UN Arms Trade Treaty (ATT), which was designed to prevent the use of weapons to commit human rights violations, including genocide, crimes against humanity and war crimes. Calls from civil society on the adoption of an embargo on several country situations suggest that this instrument comes central in human rights narratives during times of crisis and conflict.
Against this background, at the upcoming 55th session there are a number of opportunities for the advancement of civic space and the protection of fundamental freedoms and civil society and to call for accountability for grave human rights violations, including those associated with the rights to freedom of peaceful assembly and association, and for the establishment of independent and impartial investigative mechanisms.
Institutional challenges
To ensure that all this can be achieved, full and effective civil society participation remains crucial. To the end, CIVICUS advocates, in collaboration with fellow civil society organisatios (CSOs), for the maintenance of live online modalities of participation for UN human rights bodies and mechanisms, including the Human Rights Council, while noting the absence of a mandate and legislative framework from the General Assembly. CIVICUS encourages the adoption of the same.
CIVICUS continues to encourage States to ensure continued consultation with national, regional and international civil society to enable them to fully participate in Council debates and negotiations. We furthermore encourage reinforced commitment by the HRC President to find a solution for online live participation, including in side events and informal consultations on Resolutions.
As in other Council sessions, CIVICUS will continue to advocate for the mainstreaming of civil society language and inclusion of a civil society lens and civil society perspectives in key thematic Resolutions related to civic space.
Thematic priorities
Unlawful detention
Arbitrary detention of human rights defenders (HRDs) and activists remains a global issue. CIVICUS has committed to enhanced action to enable the release of unduly imprisoned HRDs in CIVICUS’s pledge delivered in the context of the Human Rights 75 high-level event in December 2023. Recognising that arbitrary detention is directly conducive to discontinuance of various forms of civil society movements, CIVICUS has pledged to continue putting every possible effort to urge the States in which arrest and detention of human rights defenders have been found to be arbitrary to release them without any conditions before the end of 2024, and to stand behind them with resilience and solidarity.
We have also pledged to keep denouncing the systematic violations of the right to freedom from arbitrary detention, calling for attention on those situations of arbitrary detention that result from previous cooperation with the United Nations or other international mechanisms in the area of human rights; to build the capacities of civil society actors, including HRDs, to advocate for relevant laws, policies, and mechanisms aimed at creating and maintaining a safe and enabling environment to prevent threats and attacks that may lead to arbitrary arrests and unlawful detention; and to continue calling for investigations of any alleged cases of arbitrary detention, to ensure access to justice and accountability, and to end impunity where such violations and abuses have occurred. CIVICUS will use each opportunity to urge the release of persons featured in the Stand as my Witness (SAMW) Campaign and others whose detention has been found to be arbitrary by the UN Working Group on Arbitrary Detention. Arbitrary detention of protestors, journalists and HRDs feature among the top 10 violations of civic freedoms documented by the CIVICUS Monitor in 2023.
We urge States to:
- Call for the release of persons detained or imprisoned, especially those whose detention has been found to be arbitrary by the UN Working Group on Arbitrary Detention, in violation of the obligations and commitments of States under international human rights law, for exercising their human rights and fundamental freedoms, such as the rights to freedom of expression, peaceful assembly and association, including in relation to cooperation with the United Nations or other international mechanisms in the area of human rights.
- Take all steps necessary to prevent threats, attacks, arbitrary arrests and detention or other forms of harassment against civil society actors and HRDs and to investigate any such alleged acts, including by putting in place, and where necessary, reviewing and amending relevant laws, policies, institutions and mechanisms to create and maintain a safe and enabling environment.
- Address unlawful practices of administrative detention without judicial intervention and call for the amendment of Public Safety Acts or other laws that provide legal basis for this practice.
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Right to privacy
It is our position that the Council should the mandate of the Special Rapporteur on the right to privacy, which is key to ensuring that applications of new and emerging technologies are debated and brought in compliance with international human rights law. CIVICUS continues to call on a thorough consideration of new technologies that may violate international human rights law or have the potential to violate fundamental freedoms if developed. We call on States to support the renewal of this critical mandate which remains key for civil society.
Children and youth in civic space
CIVICUS continues to draw on the engagement of a new generation of young activists in civil society. Young people have empowered recent social changes through a variety of movements, they have changed the structure of social movements of older generations, and embraced new tactics with the use of new and emerging digital technologies. As the new faces of civil society and striving to extend civil society’s boundaries, children and young persons are increasingly active in the field of human rights, promoting and protecting the rights of others. Children and youth do not only reflect the diversity of civil society but are a crucial part of civil society itself. However, the international community is often ill-equipped to adequately respond to the specific challenges that young HRDs face, both de jure and de facto. Challenges faced by civil society in general are accentuated for youth seeking to engage in civic action and influence public decision-making and that children’s potential and ability to contribute to society is obstructed in most countries.
Due to the overall deterioration in civic space conditions on a global level documented by CIVICUS, these trends may be exacerbated. In addition, youth and children have been disproportionately affected by the set of global crises and conflicts. And yet, much of civil society’s radical energy is coming from outside the formal NGO universe: all over the world youth groups organise horizontally, forge movements beyond conventional structures, adopt participatory approaches, cultivate distributed leadership, and rely on voluntary engagement.
Young people have a right to fully engage in democratic processes and influence decision-making that affect their lives, on the legal basis on UDHR Article 21 and ICCPR Article 25. Children also have the full right to act as HRDs, as provided by the UN Convention on the Rights of the Child. However, civil and political rights can still be considered as ‘forgotten’ rights for children. Children remain largely excluded from civic space and from discussions on civic space at national, regional and international level, and at the international level ICCPR rights are not universally accepted for children.
We urge States to:
- Take steps towards a possible Resolution on youth participation in decision-making and in elections.
- Use the Interactive Dialogue with the Special Rapporteur on Human Rights Defenders to share the challenges faced by children and youth who act as HRDs, as well as to demonstrate best practices regarding their protection and demonstrate why child and youth human rights defenders are essential actors in securing rights.
- Ensure a human rights-based approach to youth and youth issues, recognising the specific rights of youth.
- Foster the realization of children and youth rights to the freedom of association, assembly and expression and access to information by highlighting these rights in key partnership agreements with other states and foster an enabling environment for children and young human rights defenders by removing laws and practices that restrict the rights to the freedoms of association, peaceful assembly, expression and access to information – both online and offline.
- Accord specific protection to child and youth HRDs, as part of a law on the protection of human rights defenders, or through policies and action plans and foster access to national and international protection mechanisms.
- Systematically involve children and youth in the decision-making processes in public and political affairs on the national level and make dedicated platforms available in this regard.
- Collect data to provide and share information on the rate of involvement of young human rights defenders in decision-making processes.
To address some of these challenges and discuss the specific challenges that young activists face all over the world and to reflect on the role of the UN and States and INGOs in better protecting them and inspiring young people to become activists., CIVICUS also supports Right Livelihood's pre-session event ' Shaping the future - Young activists breaking down barriers'.
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Repressive actions by law enforcement against citizen action
The right to freedom of peaceful assembly is under severe attack. Three of the top 10 CIVICUS has documented in 2023 target protesters, including disruption on protests, detention of protesters and excessive use of force by law enforcement against protesters. We have documented several cases of excessive use of force by law enforcement in many world regions, including cases that have been followed by arbitrary detentions under the charges of inciting changes of the constitutional order and undermining public order. Deepening crises worldwide create the potential for an increase in protests and key global trends that seriously impede the protection of human rights in the context of peaceful protests include the use of unlawful force to stifle peaceful protests, compounded by endemic impunity for serious violations.
In 2020, the United Nations High Commissioner for Human Rights has issued the Guidance on Less - Lethal Weapons in Law Enforcement, according to which the use of less-lethal weapons to disperse an assembly should be considered a measure of last resort and respect the general principles on the use of force. Where force is proportionate and is necessary to achieve a legitimate law enforcement objective, all possible precautionary steps should to be taken to avoid or at least minimise risks for the protesters.
We urge States to:
- Bring laws and practices in relation to protest rights in compliance with the UN Human Rights Committee’s General Comment 37.
- Comply with and call for compliance with the UN Declaration on Human Rights Defenders and the General Principles on Civic Space and Right to Access Resources drafted by the UN Special Rapporteur on the Rights to Freedoms of Peaceful Assembly and of Association.
- Cease the use of excessive force against peaceful protesters, refrain from pre-empting and preventing protests, and adopt best practices that value and uphold the freedom of peaceful assembly.
- Ensure compliance with international guidelines on the use of force by law enforcement and refrain from the use of prohibited items by law enforcement security forces to suppress peaceful protests.
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Restrictive laws and counter-terrorism
Recently, CIVICUS has documented an increasing use of overly vague anti-terrorism legislation to stifle dissent, curtail the enjoyment of fundamental rights, particularly the right to freedom of peaceful assembly and association, and to hamper the work of civil society more broadly. Among the legislation most often used to stifle dissent are laws related to national security and anti-terrorism. Remarkably, CIVICUS shows that this has become a marked trend not only in countries run by authoritarian regimes but also in supposedly mature democracies. A trend of overregulation of the civil society sector under the guise of counter-terrorism measures to preserve national security and public order also entails laws, regulations and practices that are severely limiting access to funding by civil society actors.
We urge States to:
- Use the Interactive Dialogue with the Special Rapporteur on counter-terrorism and human rights to call for the amendment of anti-terrorism laws used in various contexts to unlawfully detain activists and HRDs and terrorist financing law used against humanitarian workers and activists.
- Review and where necessary revise their national emergency frameworks in line with the Joint Declaration on Protecting the Right to Freedom of Peaceful Assembly in Times of Emergencies issued by relevant mandates and institutions.
- Review and where necessary revise national Prevention of Terrorism Acts or other relevant laws and the mandate of related internal mechanisms such as Specialised Criminal Courts or Terrorism Courts established to hear the cases of those accused of terrorism, in light of international standards.
- Take the necessary steps to remove arbitrary restrictions on resourcing of civil society organisations through domestic and international sources including by repealing discriminatory foreign contributions laws, foreign agents laws and burdensome reporting requirements under NGO laws which hamper work to defend and advance human rights and social justice norms.
- Prioritize the revision and reform of laws, regulations, and practices that excessively limit civil society actors' access to funding, with a specific emphasis on countering overregulation trends, and take proactive measures to prevent the expansion of restrictive legislation targeting non-governmental organisations (NGOs).
- Comply with the General Principles on Protecting Civic Space and the Rights of Access to Resources and enhance support to CSOs operating in conflict affected areas, in line with international human rights and humanitarian obligations, where CSOs are most needed to provide essential support and play a pivotal role in rallying resources for civil society.
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Disinformation and impact on human rights
CIVICUS has documented a trend of use of technology to silence, surveil and harass dissidents, political opposition, HRDs, activists and protesters, and to influence public opinion. With the increased accessibility and advancement of specific technologies, governments are also imposing Internet shutdowns and limitations on internet connectivity more frequently. This continues to happen in several contexts ahead of critical democratic moments such as elections and protests, affecting the enjoyment of human rights and with consequences on access to basic services.
A surge in legislation, policies and regulations aimed at combating cybercrime has also opened the door to punishing and surveilling activists and protesters in many countries around the world. Such threats are often used as a pretext to push back against the new digital civil society and impose restrictions on the digital exercise of the rights to freedom of peaceful assembly and association. Disinformation can occur both online and offline and States have a central role in addressing its potential consequences on human rights.
We urge States to:
- Adopt a Resolution on the role of State in countering the impact of disinformation on human rights both online and offline that highlights the right to full enjoyment of human rights in the digital world.
- Consider how increased demand for transparency and transparent information by civil society can contribute to protecting human rights.
- Ensure a balance in the increased access to the digital space and the protection of human rights online.
- Run in collaboration with CSOs public awareness campaigns including training, exercises and knowledge development to help citizens identify and counter foreign malign information influence, disinformation and other dissemination of misleading information.
Country-specific priorities
Country situations on Council agenda
Israel/ Palestine (Civic space in Israel is rated as ‘OBSTRUCTED’, civic space in Palestine is rated as ‘REPRESSED’)
Israel’s military operation in Gaza, and its escalation since October 7, continues to exacerbate the brutal context for civilians. The dire situation for civilians in Gaza is further risked by uncertainty for humanitarian aid following a number of countries’ decision to indefinitely pause payments to UNRWA in response to the allegations that agency staff members were involved in the October 7 attacks. The landmark ruling by the International Court of Justice (ICJ) in January, while offering hope to civilians, must be complied with. The ruling of the ICJ comes long after civil society and UN special procedures had drawn attention to the risk of genocide in Gaza and urged a ceasefire. Calls for a ceasefire have been echoed across the globe, including through protest. Bans and restrictions on protests in solidarity with Palestinian people which have been documented in several countries are deeply concerning.
As the High Commissioner has stated, 'In the three months that have followed, that horror has intensified, inflicted on the people of Gaza through a campaign of overwhelming force that has been tainted by grave breaches of international law. One percent of the 2.2 million Palestinians in Gaza have been killed, according to the Hamas-run Gaza health ministry including thousands of children and other civilians. A further 2.3 percent of Gazans have been wounded, many of them permanently. [...] Eighty-five percent of Gaza's people have been forced to flee'.
CIVICUS will also highlight the effects of Israel’s military operation on fundamental freedoms and the protection of journalists and media freedoms. UN Special Procedures have described Israel’s military operation in Gaza as “the deadliest, most dangerous conflict for journalists in recent history” with over 122 journalists and media workers having been killed in Gaza since 7 October. CIVICUS further calls for the rapidly deteriorating human rights situation in the West Bank to be addressed, in particular mass arrests of Palestinians and rise in settler violence.
We call on States to:
- Call for and actively support a ceasefire between Israel and Hamas.
- Urge compliance with the ruling by the International Court of Justice and urge compliance with legal obligation to act on the prevention of genocide.
- Use the Interactive Dialogues and General Debates to condemn the dire impact of Israel’s military operation on civilians, including on journalists and media workers, and condemn the impact of atrocities on women and children.
- Include language about arms transfers not only in UNSC Resolutions but also in relevant HRC Resolutions and call for compliance with the Arms Trade Treaty and related risk assessment criteria governing the export of conventional arms.
- Address ongoing restrictions to civil society funding both in Israel and Palestine: remove all suspensions imposed on the Palestinian and Israeli human rights organisations, resume funding operations for these affected organisations, and enhance support to civil society organisations operating in conflict-affected areas.
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South Sudan (Civic space is rated as ‘REPRESSED’)
Civic space conditions in South Sudan continue to be extremely challenging. In May 2023, the National Security Service (NSS) Act 2014 (Amendment) Bill 2023 was presented to Parliament after it was passed by the Council of Ministers and the key amendments entail the removal of the authority by security personnel to arrest, detain and monitor communications.
National CSOs, while acknowledging progress, express concerns about the amendments' weaknesses that need addressing for full rights protection and firmly called for an end to arbitrary arrests and detentions by the NSS during the ongoing law review. In May last year South Sudan signed the Maputo Protocol, a progressive women's rights instrument. In the same month, the UN Security Council extended the arms embargo on South Sudan. Media outlets continue to face blockades when reporting on conflict-related issues, subjecting journalists to ongoing challenges and risks.
South Sudan is preparing for its first-ever national elections, in December 2024 and concerns exist about the absence of key conditions for the holding of free and fair elections and about the absence of an enabling environment for civil society. Ongoing human rights violations and abuses include serious violations of international humanitarian law that may amount to crimes under international law, as well arbitrary arrests, and intimidation of, threats against, and harassment of civil society actors.
We call on States to:
- Support the extension of the mandate of the UN Commission on Human Rights in South Sudan.
- Bring to attention of the Council cases of reprisals targeting civil society actors including women HRDs and journalists.
- Urge the authorities to bring the mandate of the National Security Service (NSS) and Act (Amendment) Bill in line with international human rights law.
See joint letter on the UN Commission on Human Rights in South Sudan here.
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Mali (Civic space in Mali is rated as ‘REPRESSED’)
The civic space in Mali continues to shrink with violations of freedom of expression and a climate of censorship in the media and self-censorship by journalists and media workers for fear of reprisals. Individuals, including activists and religious leaders have faced prosecution for voicing criticism while human rights defenders have been subjected to death threats, intimidation and harassment, most notable is the situation of Aminata Cheick Dicko who was forced into hiding following intervening at the UN Security Council.
The announcement in January by Mali’s military junta to leave the Economic Community of West African States (ECOWAS) is cause for further concern. While ECOWAS Member States must give one year’s notice to withdrawal the eventual effects of withdrawal on prospects of accountability and justice for victims of human rights violations. This announcement follows the withdrawal of The United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA) which was completed at the end of 2023. This blow to human rights monitoring coupled with the potential loss of scrutiny by the ECOWAS Court of Justice further highlights the need for the UN Human Rights Council to ensure scrutiny remains on Mali.
We call on States to:
- Renew the mandate of the Independent Expert on the situation of human rights in Mali.
- Call for charges and legal proceedings against journalists and media workers to be dropped and to immediately and unconditionally release individuals who have been arbitrarily detained.
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Belarus (Civic space is rated as 'CLOSED')
The human rights situation in Belarus remain dire. In May 2023, Special Rapporteurs and members of the working groups on arbitrary detention and forced disappearances, issued a statement to call on Belarusian authorities to “immediately release all prisoners in the country detained on spurious charges for exercising their fundamental rights to peaceful assembly, association and expression”.
Repression against Belarusian civic groups continues with arrests, torture in detention centres, and compulsory liquidation of non-profit organisations, whilst over 400 organisations have opted for self-liquidation and over 1,400 people are currently in detention as political prisoners. The legal framework governing the right to freedom of association has become increasingly repressive.
The Viasna Centre continues to monitor how the country's authorities suppress freedom of assembly and documented sentences that upheld the deprivation of liberty of individuals who took part in various forms of peaceful protest, following the trend of crackdowns on unsanctioned protests.
We call on States to:
- Support and adopt a strong resolution on the human rights situation in Belarus which addresses the closed civic space and situation of HRDs.
- Renew the OHCHR examination mandate.
- Call for the immediate and unconditional release of members of Viasna, Human Rights Center, who are arbitrarily detained.
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Country situations that require Council attention
Senegal (Civic space is rated as ‘REPRESSED’)
In December, the CIVICUS Monitor downgraded the country’s civic space rating to ‘repressed’ after measuring one of the largest drops in civic space in Senegal of any country in 2023. Prior to this the CIVICUS Monitor placed Senegal on the Monitor Watchlist due to concerns regarding deteriorating civic space in the country.
While elections which were scheduled to take place on February 25 offered some hope to Senegalese citizens, the decision by President Macky Sall to postpone the elections is yet another blow to democracy in Senegal. as well as being against the Constitution. Following the announcement, three protesters were killed and many of them were arrested, including opposition figure Aminata Toure. The Constitutional Council has cancelled the decree postponing the elections due to it being unconstitutional. Restrictions to communications constitute another series of increased restrictions on freedom of association, expression and assembly.
We call on States to:
- Use statements during Item 2 and Item 4 General Debates to highlight the deteriorating situation for civic space in Senegal.
- Call on the Senegalese authorities to refrain from using violence against protestersand persecution of civil society and members of the political opposition.
- Urge the Senegalese authorities to ensure the taking place of free and fair elections.
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Pakistan (Civic space is rated as ‘REPRESSED’)
In the aftermath of the elections held on 8 February, the human rights situation in Pakistan remains hugely challenging. The elections delivered a split mandate with no party securing a majority in the National Assembly. Independent candidates affiliated with jailed former Prime Minister Imran Khan’s PTI won the most seats. At the time of writing, a coalition of six parties led by the Pakistan Muslim League-Nawaz (PMLN) and the Pakistan People’s Party (PPP) are poised to form the new government. Khan has insisted that this coalition would lack credibility and alleged that his PTI party was deprived of a far greater mandate by widespread rigging and the manipulation of results
Over the last year, CIVICUS has documented the criminalisation, threats and harassment of HRDs and the failure to hold perpetrators to account. There have also been efforts to intimidate and censor journalists and media outlets and silence online expression, as well as restrictions and attacks on peaceful protests, including by ethnic Pashtun minorities and women’s rights activists.
In more recent months, there have been severe restrictions on the opposition ahead of the 8 February general elections. Former Prime Minister Imran Khan of the PTI party was barred from running. The police have cracked down on PTI supporters as well as Baloch activists and protesters seeking justice and accountability and the internet has been disrupted around PTI activities online. Activists and journalists have also continued to face judicial harassment and the use of draconian counterterrorism and sedition laws to intimidate peaceful critics has also been documented.
We call on States to:
- Halt all forms of restrictions, harassment and intimidation of the political opposition and undertake an independent investigation of all violations of civic freedoms against political candidates and parties committed around the elections.
- Remove all restrictions to the right to peaceful assembly including the use of Section 144 of the Criminal Code and unconditionally and immediately release all protesters, who have been detained for exercising their right to the freedom of peaceful assembly and review their cases to prevent further harassment.
- Immediately and impartially investigate all instances of extrajudicial killing and excessive force committed by security forces in the context of protests.
- Urge the new Government to refrain from the excessive use of force, including the use of harmful and prohibited items against peaceful protesters.
- Address the historic and ongoing violations by Pakistan authorities against the Pashtun and Baloch community.
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India – focus on Jammu & Kashmir (India is rated as 'REPRESSED' by the CIVICUS Monitor)
India’s civic space continues to be rated as repressed by the CIVICUS Monitor. In recent years, the misuse of the draconian anti-terror Unlawful Activities (Prevention) Act (UAPA) and other laws to keep activists behind bars and fabricate cases against activists and the use of Foreign Contribution (Regulation) Act (FCRA) to crackdown on civil society organisations has been documented.
The general elections in India are scheduled for April-May 2024. In recent months, journalists have been raided and arrests. In Manipur, where there has been ethnic violence, the authorities have imposed internet shutdowns and silenced and criminalises activists and journalists for their reporting. Student leaders who were arrested in 2020 during the anti-citizenship protests continue to remain in prison and have been denied their right to bail. Protests have been met with restrictions and excessive force including by students, farmers and marginalised communities. There has been systemic targeting of minorities, especially Muslims including with new legislation and minority rights activists are being targeted for their work.
The crackdown on activists in Indian-administered Kashmir has persisted. Human rights defenders and arbitrary detention of journalists and activists in Jammu and Kashmir continues, while repression has reached unprecedented levels. Prominent human rights defender Khurram Parvez continues to be in prison since November 2021 under charges of sedition and territory under UAPA. He was charged with another terrorism case in March 2023 along with journalist Irfan Mehraj. Kashmir has faced one of the longest internet shutdowns.
We call on States to:
- Ahead of the upcoming elections in India, draw attention to the worsening human rights situation in India in the context of General Debates highlighting the risk of further deterioration and grave violations against the backdrop of the closing civic space.
- Re-focus on the human rights situation in Jammu and Kashmir including by asking the High Commissioner to follow up on the OHCHR’s 2018 and 2019 reports on Jammu and Kashmir and to consider a third report or analysis brief to be released in 2025.
- Urge in relevant General Debates the establishment of an innovative transitional justice mechanism to serve as an enabling tool for the prevention of serious human rights violations and abuses and to foster reconciliation building on the newly released Guidance Note on Transitional Justice of the Secretary General. The mechanism should and adapted to the context and culture of Jammu and Kashmir and respond to the specific truth and reconciliation needs of civil society.
- Use the Interactive Dialogue with the Special Rapporteur on Human Rights Defenders and other relevant IDs to urge for the immediate release of arbitrarily detained peaceful protesters, and the immediate release of activists in Jammu and Kashmir and of prominent human rights defender Khurram Parvez, arbitrarily arrested in November 2021 and prosecuted under multiple trumped-up charges related to criminal conspiracy and terrorism, following the June 2023 opinion of the UN Working Group on Arbitrary Detention.
Additional priorities
A UN Special Rapporteur on Democracy
In the context of the worrying trend of democratic decline and overall deterioration in civic space conditions as CIVICUS has documented in all world regions, CIVICUS, its members and other civil society organisations and groups of experts are considering the need for a UN Special Rapporteur to investigate the situation of democracy from a broader perspective, with a view to strengthening and protecting democratic rights and institutions, revitalising democracy and promoting improvements in civic space conditions. The Rapporteur would be mandated to investigate the state of democracy around the world from a broader perspective, going beyond, complementing and linking together analysis and data on specific issues being investigated by existing mandates set up by the Human Rights Council that deal with democratic rights. The UN Special Rapporteur on Democracy would also examine challenges and opportunities related to the realization of democracy including overall civic space conditions. The Rapporteur would seek input from citizens and civil society groups, acknowledging the crucial role of civil society in strengthening and protecting democracy. Over 100 civil society groups and think tanks from across the world have already signed a joint statement calling on all governments that are committed to the protection and promotion of democracy to support the establishment of this new mandate.
We urge Community of Democracies States to:
- Endorse the statement calling for the establishing of a UN Special Rapporteur on Democracy.
- Urge other States, as well as CSOs and human rights and democracy experts to advocate for the establishment of the mandate in the context of the Human Rights Council.
Other priorities and concerns
CIVICUS will continue to highlight the UN’s Guidance Note on the Protection and Promotion of Civic Space and call for the Office of the High Commissioner for Human Rights to evaluate the status of implementation of the guidance across all UN agencies and offices as a prelude to putting in place a plan of action for measurable implementation.
We remain deeply concerned about the proceedings that are pending before the International Court of Justice on genocide being committed in Ukraine by Russia and in Myanmar against the Rohingya and urge for the Council to address these situations in line with its agenda. Similarly, we remain concerned about the current impasse between ECOWAS and military junta ruled countries and failed coup attempts in the ECOWAS region and possible implications on civic space and related chilling effect.
It is also our position that the Council should reaffirm its commitment to the protection and promotion of human rights by renewing the mandates of the Special Rapporteurs on the DPRK and Iran, whose mandates are key avenues for accountability, and of the Commission of Inquiry on Ukraine. Lastly, we express concerns about continued attacks and harassment targeting HRDs in the Philippines, including women HRDs and survivors of abduction and enforced disappearance.
Current council members:
Closed: Bangladesh, China, Cuba, Eritrea, United Arab Emirates, Viet Nam
Repressed: Algeria, Burundi, Cameroon, Honduras, India, Kazakhstan, Kuwait, Kyrgyzstan, Qatar, Somalia, Sudan
Obstructed: Benin, Brazil, Côte d’Ivoire, Gambia, Ghana, Indonesia, Malaysia, Maldives, Malawi, Morocco, Paraguay, South Africa
Narrowed: Albania, Argentina, Belgium, Bulgaria, Chile, Costa Rica, Dominican Republic, France, Georgia, Germany, Japan, Montenegro, Netherlands (Kingdom of the), Romania, United States of America
Open: Finland, Lithuania, Luxembourg
