On 10 October 2023, UN Member States will gather in New York to elect 15 new Members to the Human Rights Council for the 2024-2026 term.

UN General Assembly Resolution 60/251, which created the Human Rights Council, urges countries voting for candidates to “take into account the contribution of candidates to the promotion and protection of human rights.” Council members are required to “uphold the highest standards in the promotion and protection of human rights” and to “fully cooperate with the Council”.

CIVICUS calls on UN Member States to duly consider the situation of civic space and for civil society in each of the candidate countries when casting their ballots. A number of candidates have disenabling civic space conditions, according to the CIVICUS Monitor. Attention should be drawn to countries rated as ‘repressed’, as civic space is heavily constrained and the work of CSOs in these countries is regularly impeded. We are deeply concerned about the candidacy of three countries rated as ‘closed’ by the CIVICUS Monitor: China, Russia, and Cuba. The CIVICUS Monitor ‘closed’ rating is the worst of the Monitor, indicating a complete closure of civic space, in law and in practice, where an atmosphere of fear and violence prevails.

We urge each of the candidates, as prospective members of the Human Rights Council, to protect and promote civic space, abide by their duty to uphold the highest standards in the protection and promotion of human rights, at home and abroad, and redouble efforts to ensure a safe and enabling environment for civil society.

CIVICUS underscores the importance of free, safe, and inclusive civic space for the promotion and protection of human rights. On the eve of the elections, we highlight the key developments in civic space of each candidate country as reported by the CIVICUS Monitor.

African States

Closed slate: 4 candidates for 4 seats

Côte d’Ivoire – CIVICUS Monitor rating: Obstructed

Civic space in Côte d’Ivoire is rated as ‘obstructed’ by the CIVICUS Monitor. In 2022, the CIVICUS Monitor documented fewer civic space violations compared to 2020, a year which was marked by a highly contested and controversial electoral period. However, challenges remain for civic space and fundamental freedoms. This has included the arrest and sentencing of 45 protestors involved in a peaceful sit-in for disturbance of public order in December 2022. In addition, journalists have been arrested and pressured to reveal their sources.

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Burundi – CIVICUS Monitor rating: Repressed

CIVICUS Monitor rates the situation in Burundi as ‘repressed’. While we witnessed positive signals, including the pardoning of 5,000 prisoners, including journalists and civil society actors in 2020, CIVICUS remains concerned by the situation of civic space in Burundi, the repression of dissident voices has had a chilling effect on civil society, human rights defenders, and journalists. The 2017 legislation on foreign non-governmental organizations continues to be used to restrict work of civil society. The lack of accountability for human rights violations, including those committed during protests in 2015, is particularly troubling.

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Malawi – CIVICUS Monitor rating: Obstructed

The CIVICUS Monitor has continuously rated Malawi’s civic space as ‘obstructed’. In 2022, despite significant opposition from civil society in Malawi and a court injunction, the controversial Non-Governmental Organisations (NGO) Amendment Bill was signed into law. This legislation risks undue restrictions of freedom of association, including by prohibiting NGOs from engaging in ‘partisan politics’, which undermines NGOs legitimate role in protecting civic space, including around elections. Protestors in Malawi have also been subjected to tear gas by security forces in recent years and those exercising their right to freely express themselves, including journalists, have been subjected to arrests under a variety of laws.

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Ghana – CIVICUS Monitor rating: Obstructed

In the recent report, the rating of civic space in Ghana was downgraded from ‘narrowed’ to ‘obstructed’. Ghana was long lauded as a regional champion for its respect of civic space, in recent years we have witnessed the misuse of ‘false news’ regulations to detain journalists, increasing physical attacks against journalists and excessive use of force against protesters. The safety of journalists in Ghana must be upheld and ensuring accountability for perpetrators of these attacks remains crucial. Increasing violations against LGBTQI+ people and progression of a draconian anti-LGBTQI+ bill is also gravely concerning, in addition to criminalising persons identifying as LGBTQI+, it would also criminalise advocacy for LGBTQI+ rights. 

Asia and the Pacific States

Closed slate: 4 candidates for 4 seats

Kuwait – CIVICUS Monitor Rating: Repressed

Since 2018, Kuwait has been consistently rated as ‘repressed’ by CIVICUS Monitor. Systematic prosecution of online activists on the grounds of “intentionally spreading false rumours abroad on internal affairs” and the misuse of telecommunication continue relentlessly. Kuwait also continues to keep human rights defenders in long cycles of criminal litigation to harass and intimidate them. Bedoon rights defenders  continuously bearing the brunt of arbitrary detention and prosecution for gathering and using social media to advocate for the rights of the Bedoon stateless community. 

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China – CIVICUS Monitor Rating: Closed

Civic space in China has continuously been rated as ‘closed’ by the CIVICUS monitor. Vaguely worded national security and public order laws have enabled China to crackdown on civil society organizations and detain journalists and human rights defenders including in Hong Kong. Human rights defenders also face travel bans, surveillance and social media restrictions. There is pervasive censorship, online and offline, and severe restrictions on media freedom. Protests are tightly controlled and if they occur the authorities quickly mobilise to disrupt them and crackdown on protesters.  Systematic repression against minorities, in particular Uyghur Muslims and Tibetans, through the misuse of counterterrorism legislation continues unabated.

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 Japan - CIVICUS Monitor Rating: Narrowed

Japan is consistently rated as “narrowed” by the CIVICUS Monitor. However, there are concerns about restrictions on media freedom. The Broadcast Act provides the government power to regulate the content of public broadcasts while the broad definition of ‘information’ in the Designated Secrets Protection Act has created a chilling effect for journalists and led to self-censorship.  There have also been unjustifiable and disproportionate restrictions on protests, including excessive use of force and surveillance of protesters, especially in Okinawa.

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Indonesia - CIVICUS Monitor Rating: Obstructed

The CIVICUS Monitor rating of Indonesia as “obstructed” has not changed since 2018. There have been reports of arrest, harassment and criminalisation of human rights defenders and journalists as well as physical and digital attacks while defamation laws have been increasingly used to silence online dissent. Protests have been met with arbitrary arrests and excessive use of force by the police. There is a higher level of repression in the Papua region especially against pro-independence activists with many facing harassment, intimidation and prosecution and protests in Papua often forcibly dispersed and subjected to unnecessary use of force. A new Indonesian Criminal Code, adopted in 2022, contains numerous problematic provisions including the criminalisation of insults against the government and public authorities as well as peaceful protests without notification.

Central and Eastern European States

Competitive slate: 3 candidates for 2 seats

Russia – CIVICUS Monitor rating: Closed

In 2022, restrictions on civic space in Russia further intensified since its full-scale war on Ukraine, which led to the country’s rating being downgraded from ‘repressed’ to ‘closed’ by the CIVICUS Monitor in March 2023. Nationwide anti-war protests have been violently repressed and thousands of protestors detained.  Freedom of the media continues to be repressed, including through blocking of news sites and human rights organisations continue to be shut down. Last month, the UN Special Rapporteur on Russia highlighted how the often-violent enforcement of laws has resulted in a systematic crackdown on civil society organizations that has closed civic space and independent media.

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 Albania – CIVICUS Monitor rating: Narrowed

Civic space in Albania has continuously been rated as ‘narrowed’ by the CIVICUS Monitor. We are concerned about the state of press freedom in the country, with journalists facing threats from both police and organised crime. Impunity for attacks, combined with political attempts to discredit journalists, has created a deteriorating climate for freedom of expression. Restrictions on the right to peaceful assembly have also been recorded. According to data from local civil society, in March 2022, hundreds of participants in widespread cost of living protests were arrested, in violation of Albanian law and international practices, with reports of violence and improper conduct by police.

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 Bulgaria – CIVICUS Monitor rating: Narrowed

The situation for civic space in Bulgaria has consistently been rated as ‘narrowed’ by the CIVICUS Monitor. We are encouraged by efforts in draft amendments seeking to remove the harmful provisions related to defamation of public officials, and underscore the need for legislation to fully respect freedom of expression. This is especially relevant given the prevalence of SLAPPs in Bulgaria, a trend numerous press freedom watchdogs have drawn attention to. Regional civic space monitors have highlighted concerns with the Foreign Registration Bill, filed in 2022, which would severely impact the work of civil society, and which has drawn comparisons to Russia’s so-called “foreign agent law”.

Latin American and Caribbean States

Competitive slate: 4 candidates for 3 seats

Brazil – CIVICUS Monitor Rating: Obstructed

Brazil’s civic space has consistently been rated as ‘obstructed’ by the CIVICUS Monitor. Human rights defenders and journalists in Brazil face severe violence, including harassment, targeting, and killings. Indigenous, environmental and land rights defenders are frequently and systematically targeted, as highlighted by a UN Special Rapporteur. Journalists and media workers faced attacks, persecution and judicial censorship. In addition, there have been documented cases of sexual violence directed towards women and LGBTQI+ journalists. We note the adoption of administrative procedures to address press freedom in 2023 as a positive step.

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 Peru – CIVICUS Monitor Rating: Obstructed

From 2018, rating of civic space in Peru as ‘obstructed’ in the CIVICUS Monitor has been consistent. There has been a rapid decline in civic freedoms since December 2022. Despite assurances by the President, concerns remain regarding the disproportionate, indiscriminate, and brutal force used against protestors. Political polarisation has contributed to a climate of hostility against the press, with journalists facing physical attacks by supporters of public officials across the political spectrum. Efforts to increase penalties for defamation seriously threaten freedom of expression and freedom of the media. Human rights organisations and defenders have also faced an escalation in harassment and attacks by extremist groups linked with the far-right.

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Dominican Republic – CIVICUS Monitor Rating: Narrowed

Since 2019, the situation for civic space has been rated as ‘narrowed’ by the CIVICUS Monitor. Reports of illegal surveillance of a journalist investigating alleged corruption are particularly concerning, both the IACHR and UN Special Rapporteur for Freedom of Expression have called for an investigation. Such actions may lead to information sources being deterred from reporting internal human rights concerns, ultimately stifling freedom of expression. There are concerns about the abuses against Haitian migrants and the deprivation of the national identity of Dominicans of Haitian descent, which has undermined the access to economic, political, and social rights in the country.

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Cuba – CIVICUS Monitor Rating: Closed

The CIVICUS Monitor has continuously rated Cuba’s civic space situation as ‘closed’. Restrictive laws, censorship and intimidation, unfair trials and surveillance are used to restrict civic space. Protesters are often detained and face harassment and surveillance due to their opposition to the Cuban government. The situation of press freedom is also worrisome, as the government banned the independent media and journalist from having spaces on radio and television. In 2023, the Law on Social Communication was approved by the national assembly, which gives power to the government to control and close media outlets. The new law has been described as effectively legalising official censorship to restrict freedom of expression.

Western European and other States

Closed slate: 2 candidates for 2 seats

The Netherlands – CIVICUS Monitor rating: Open

Civic space in the Netherlands is rated as ‘open’, the highest rating under the CIVICUS Monitor. However, issues remain for fundamental freedoms, including freedom of peaceful assembly, where force has been deployed against protestors. CIVICUS has also highlighted stricter treatment of climate activists when protesting, this has included arrests of activists. In addition, journalists and media workers continue to be attacked online and offline. The authorities must ensure prompt, independent and impartial investigations into such incidents and ensure accountability for perpetrators.

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France – CIVICUS Monitor rating: Narrowed

The CIVICUS Monitor has consistently rated France’s civic space as ‘narrowed’. Recent worrying developments include the so-called “Separatism law”, which came into effect in January 2022, which continues to place financial and administrative obstacles on civil associations. The increased administrative powers of this law to dissolve an association which acts contrary to the principles of the Republic has had a greater impact on the functioning of environmental and feminist organisations. In addition, the Council of Europe and UN Special Procedures, this year, expressed their concern at the excessive use of force by police during protests over pension reform.

Call to the Candidates

CIVICUS urges each of the candidates, as prospective members of the Human Rights Council, to:

• Uphold the highest standards in the promotion and protection of human rights.
• Cooperate fully with the Office of the High Commissioner for Human Rights as well as country and regional offices, where present.
• Engage with and cooperate fully with other UN human rights mechanisms, including Special Procedures, as well as Investigative Mechanisms as appropriate.
• Regularly engage with UN Treaty Bodies, including the UN Human rights Committee’s review of State compliance with the International Covenant on Civil and Political Rights.
• Ensure meaningful cooperation with regional human rights bodies and mechanisms as appropriate.
• Fulfil their obligations under international human rights law to protect civic space, including by respecting the rights to freedom of expression, peaceful assembly and association, upholding the rights of human rights defenders and women human rights defenders, and creating a safe environment for civil society organisations.
• Implement laws, policies, and regulations to become champions in the protection and promotion of civic space and engage in the exchange of good practices and lessons learned with regional neighbours on how to create and maintain an environment that enables civil society organizations and individuals to operate freely.
• Refrain from and condemn all acts of intimidation and reprisals actors against individuals, groups and organs of society, including against human rights defenders who seek to cooperate, are cooperating or have cooperated with subregional, regional and international bodies.
• Urge other candidates, including regional neighbours with civic space rated as ‘closed’ by the CIVICUS Monitor, to fulfil their obligations under international human rights law and to protect civic space, including by respecting the rights to freedom of expression, peaceful assembly and association, upholding the rights of human rights defenders and women human rights defenders, and creating a safe environment for civil society organisations.
• Prioritise the revision and reform of laws, regulations, and practices that excessively limit civil society actors' access to funding and take proactive measures to prevent the expansion of restrictive legislation targeting non-governmental organisations (NGOs), safeguarding their ability to operate freely and advocate for and promote human rights.

For more information on global civic space conditions, please visit CIVICUS Monitor at https://monitor.civicus.org/. The CIVICUS Monitor rates countries according to five categories: open, narrowed, obstructed, repressed and closed.

Statement at the 54th Session of the Human Rights Council 

Enhanced Interactive Dialogue on the Democratic Republic of the Congo 

Delivered by Róisín Dunbar  

Thank you, Mr President, 

CIVICUS welcomes the High Commissioner’s report, and we share your concerns on ongoing restrictions on civic freedoms in the DRC.

We are encouraged by the adoption of a law on the protection and responsibility of HRDs by both legislative chambers, although concerns persist on ongoing restrictions on civic space. While the Press Law, Ordinance Law 23/009 of 13th March 2023 presents significant advancements in guaranteeing press freedom, it also provides opportunity to criminally prosecute journalists, including for sharing false news.

Journalists continue to be imprisoned. On 8th September 2023, renowned journalist Stanis Bujakera Tshiamala, was detained on accusations of ‘spreading false rumours’ and ‘disseminating false information in relation to an article revealing an alleged national intelligence report, which did not carry his name. Regrettably, Bujakera remains imprisoned, and his provisional release has been denied.

Furthermore, authorities regularly ban protests while security forces continued to use excessive force, including lethal force, against protesters.  On 30th August 2023, a protest in Goma, North Kivu, was banned by local authorities and led to civilian casualties of over 50 people. Four military officers were sentenced on 3 October for crimes committed during this protest. On 20th May 2023, in an opposition protest, ahead of the general elections scheduled for December 2023, police officers used excessive force, including tear gas and beating, and arrested dozens of protesters. 

We call on the government to ensure that fundamental freedoms are respected, including by reviewing all restrictive legislation, decriminalising press offences, and urgently safeguarding the rights of human rights defenders and journalists. 

Ending impunity for rights violations, including those against civil society, must be a priority to ensure sustained improvements for human rights. 

To this end, we call on the Council to maintain critical ongoing efforts towards accountability. 

Deputy High Commissioner, how can members and observers of this Council best support those on the ground to prevent further civic space violations?

Thank you

Statement at the 54th Session of the Human Rights Council

Delivered by Róisín Dunbar, CIVICUS

Thank you, Mr President,

CIVICUS, the Emirates Detainees Advocacy Centre and the Gulf Centre for Human Rights welcome the government of the UAE’s engagement with the UPR process, and especially its support for 19 UPR recommendations related to civic space. We welcome the passing into law of the Federal Decree No 12.2021 on the National Commission for Human Rights. This institution has a mandate to document human rights violations.

However, we are concerned about the composition of the Commission and the Commissioners, which violates the Paris Principles regarding the establishment of centers for national institutions for the promotion and protection of human rights. The Commission is composed of former military and police officers who may themselves be the subject of human rights complaints.
Since its 3rd UPR cycle review, the UAE has not implemented any of the recommendations it accepted on civic space. The UAE remains one of the most difficult places in the MENA region for HRDs to operate. We are concerned that 60 prisoners of conscience are still currently detained despite the completion of their sentences. Many of them are part of a group pf prisoners known as the UAE 94 who were arrested in 2012 and sentenced after grossly unfair trials.

We are particularly concerned about the continued detention in solitary confinement of HRD Ahmed Mansoor and the harsh treatment he is subjected to while serving 10 years for his human rights activities. The detention of academic Nasser Bin Ghaith - who was forcibly disappeared in August 2015 before he was sentenced to ten years in prison in 2017 on trumped-up charges of sharing false information aimed at harming the reputation of the state - is a testament to the way in which the UAE treats academics and activists who share critical views.

We are also concerned about several restrictive laws used to target HRDs, journalists and bloggers, including the Federal Law No 34 of 2021 on Combatting Rumours and Cyber Crimes for example and The Crime and Punishment Law (2021). These laws also force journalists and activists to self-censor to avoid reprisals.

The hosting of the COP28 in Dubai presents an opportunity for the UAE to release all detained political prisoners. We call on the UAE to also amend legislation that restricts freedom of expression, association and assembly.

We thank you.

Statement at the 54th Session of the UN Human Rights Council 

Universal Periodic Review (UPR) on Human Rights -- Outcome Adoption for Burundi

Delivered by Pierre-Claver MBONIMPA , Association Burundaise pour la Protection des Droits Humains et des Personnes Détenues 

Thank you, Mr President,

Association Burundaise pour la Protection des Droits Humains et des Personnes Détenues (APRODH) and CIVICUS welcome the government of Burundi’s engagement with the UPR process.

We welcome the government’s support to 25 out of 30 recommendations related to civic space made during its 4^th cycle review. In particular, we welcome the government’s commitment to ending intimidation, harassment and reprisals against human rights defenders, journalists and members of the opposition and civil society.

However, we remain concerned by the ongoing restriction and repression facing civil society actors and human rights defenders in Burundi. Repression of dissident voices has had a chilling effect across Burundi, meaning many human rights defenders and journalists continue to operate in a climate of fear and self-censorship. We call on Burundi to take concrete and consistent steps to create and maintain a safe and enabling environment for civil society and human rights defenders.

We regret that Burundi has noted a number of recommendations related to civic space, in particular those related to ensuring accountability for human rights violations as well as recommendations on activities of several human rights protection associations which remain suspended or outlawed. We underscore Burundi’s obligations under international law to respect the right to freedom of association and the importance of upholding rule of law to create trust in public institutions.

APRODH and CIVICUS call on the Government of Burundi to fully implement the recommendations made during its 4^th cycle and urge the international community to continue to monitor the human rights situation on the ground. We also call on Burundi to demonstrate its commitment to human rights by fully cooperating with the UN human rights system, including OHCHR, Special Procedures and UN Treaty Bodies.

We thank you. 

Statement at the 54th Session of the UN Human Rights Council 

General Debate Item 4

Delivered by Róisín Dunbar , CIVICUS

Thank you, Mr President,

The new CIVICUS Monitor Watchlist, highlights serious concerns regarding the rapid decline in respect for civic space in Bangladesh, Bosnia and Herzegovina, Ecuador, Senegal and the United Arab Emirates. We call on these governments to end crackdowns and ensure accountability for perpetrators. 

In Bangladesh, since the beginning of this year, we have seen a serious and rapid decline in respect for civic freedoms, marked by repression of opposition activists and critics with impunity. We condemn the two-year conviction of human rights defenders Adilur Rahman Khan and Nasiruddin Elan and call for their immediate and unconditional release. The harassment of human rights defenders and journalists has had a chilling effect across Bangladesh and we urge the government to respect fundamental freedoms ahead of upcoming elections. 

The situation for civic space in the Philippines remains dire. We are particularly concerned by ongoing reports of ‘red-tagging’ and judicial harassment of human rights defenders and cases of enforced disappearances. The government continues to misuse counterterrorism legislation to target activists. Despite the UN Joint Programme in the Philippines, a climate of impunity persists while domestic mechanisms continue to fail to provide justice to victims, families and communities. We urge the government to end harassment of human rights defenders and ensure accountability for victims of human rights violations. 

We continue to be deeply concerned about the human rights situation in India. Despite UPR commitments made in March, we are particularly concerned about the ongoing detention of human rights defenders under the draconian Unlawful Activities (Prevention) Act including student activists, those connected to the Bhima Koregaon case as well as prominent human rights defenders in Kashmir like Khurram Parvez and Irfan Mehraj. Journalists continue to be targeted and the crackdown on foreign funding for civil society organisations has persisted.

CIVICUS calls on the international community to monitor and address these worrying situations of shrinking civic space. 

Thank you.

Statement at the 54th Session of the UN Human Rights Council

Interactive Dialogue on written update of the High Commissioner on the human rights situation in Myanmar

Delivered by May Thiri Khin,  Burma Human Rights Network

Thank you, Mr. President, 

CIVICUS and the Burma Human Rights Network thank the High Commissioner for his report on the human rights situation in Myanmar where he notes a brutal campaign against any form of opposition. Activists face killings, torture, arbitrary detentions and enforced disappearances while communities suffer air strikes, forced displacement and denial of humanitarian access.

We are also concerned by ongoing repatriation processes of the Rohingya in the absence of conditions for safe, dignified, and sustainable returns.

Some 600,000 Rohingya remain trapped in camps in Rakhine state under a system of discriminatory laws and policies that amount to crimes against humanity and ongoing genocide. They face restrictions to freedom of movement, their livelihoods, and their access to education and health. Both Bangladesh and Myanmar junta are trying to coerce refugees in Bangladesh to return without consulting the community or addressing the grave risks to their lives and liberty. These measures would be refoulement and against international law. 

We are also concerned about the obstructions civil society groups delivering aid faced in Rakhine following Cyclone Mocha including threats and arrests and suspension of all travel authorisation, leaving the Rohingya exposed to serious life-threatening conditions.

BHRN and CIVICUS call on the international community to acknowledge the illegitimacy of the military junta’s power in Myanmar and condemn any efforts to forcibly return Rohingya refugees to an active war zone. 

BHRN and CIVICUS call on the Council and the UN to take strong, coordinated action to prevent further atrocities against the Rohingya and others by the military junta. 

We thank you.

Civic space in Myanmar is rated as "Closed" by the CIVICUS Monitor. 

Statement at the 54th Session of the UN Human Rights Council

Interactive Debate with the Special Rapporteur on Burundi

Delivered by Agnès Ndirubusa 

Thank you, Mr President,

CIVICUS and independent Burundian civil society organisations thank the Special Rapporteur for his report and continued work. 

The human rights situation in Burundi is on a downward spiral despite President Ndayishimiye’s initial lifting of some restrictions on media and civil society. 

Over a hundred Burundian journalists are still in exile, a culture of fear has been established, resulting in self-censorship and reprisals against political dissidents, media professionals and civil society organizations.  Members of CNDD-FDD, the Imbonerakure or the National Intelligence Service continue with impunity to commit these violations of fundamental freedoms. For instance, Floriane Irangabiye, of Radio Igicaniro broadcasting from Rwanda, was arrested on 30 August 2022 on charges  of “undermining the internal security of the national territory” and sentenced to 10 years of imprisonment.

The work of CSOs continues to be restricted as the authorities use a 2017 law on foreign non-governmental organizations, which is inconsistent with the State’s human rights obligations.   On 14 February 2023, four human rights defenders; Sonia Ndikumasabo, Marie Emerusabe, Audace Havyirimana and Sylvana Inamahoro, were arrested by the National Intelligence Service at Bujumbura airport.  A fifth human rights defender Prosper Runyange, was arrested in Ngozi and transferred to Bujumbura the following day. These HRDs have been charged with rebellion and undermining the internal security of the State and the proper functioning of public finances. Although they have been released, after a month in illegal detention, their passports and bank assets are still held by security officers.

We urge the Burundian authorities to fully uphold their obligations regarding freedom of expression and association, including by reviewing and amending laws, release HRDs in detention, create a safe and conducive environment for the work of human rights defenders and journalists, free from intimidation and retaliation.

We thank you.

 Civic space in Burundi is rated as "Repressed" by the CIVICUS Monitor 

Statement at the 54th Session of the UN Human Rights Council

Interactive Debate on the report of the International Commission of Human Rights Experts on Ethiopia 

Delivered by Róisín Dunbar, CIVICUS

Thank you, Mr President,

CIVICUS and its partners in Ethiopia welcome the work of the International Commission of Human Rights Experts on Ethiopia, particularly reports and statements highlighting the state of human rights and fundamental freedoms in the country.

Statement at the 54th Session of the UN Human Rights Council

General Debate on the High Commissioner’s update

Delivered by Humberto Mendez Ramos

Thank you, Mr President, 

On the occassion of the 75th anniversary of the Universal Declaration of Human Rights (UDHR), the High Commissioner has described civic space as the best indicator of a state’s commitment to upholding the aspirations of the Declaration. However, as documented by CIVICUS, rapid deterioration of civic space remains a global trend, putting into serious question many states’ commitment to human rights. 

In Ecuador, we have documented attacks against journalists and political figures. We are also concerned about the continuing harassment, arbitrary detentions, public vilification, and unfair trials against human rights defenders. Especially in the context of the upcoming national elections, we underscore the need for effective mechanisms to protect freedom of expression and civil society from violence.

Ahead of Senegal’s presidential elections, set to take place in February 2024, civic space violations have soared. These include the use of excessive force, including lethal force, in the face of opposition protests, arbitrary arrests of journalists, the restriction of access to internet and social media, the suspension of media outlets and the dissolution of opposition party.

We are also concerned about developments in Bosnia and Herzegovina, in particular the Republika Srpska, where repression of civil society and freedom of expression are being sought through restrictive legislation, including on the supervision and control of civil society. We underscore the need to ensure an enabling environment for activists in law and in practice, including for LGBTQI+ advocates who have been subjected to increased hostility and harassment.

In the face of deteriorating situations for human rights and civic space, CIVICUS calls on this Council to act and address these situations objectively, impartially and without double standards.

We thank you. 

Statement at the 54th Session of the UN Human Rights Council 

Interactive Debate on Office of the United Nations High Commissioner for Human Rights (OHCHR)'s Report on Nicaragua

Delivered by Róisín Dunbar, CIVICUS

Thank you, Mr President,

CIVICUS welcomes the report by OHCHR on the human rights situation in Nicaragua, which documents the systematic repression of civic space as also reported by CIVICUS.

The seizure of the Central American University (UCA) is yet another example of the Nicaraguan authorities flouting of the right to freedom of expression and the right to freedom of peaceful assembly and association. We condemn the continued misuse of counterterrorism legislation to repress dissenting voices. 

While the authorities released 222 political prisoners in February, the practice of arbitrary arrests and detention has continued in Nicaragua, including on accusations of conspiracy, treason and spreading of fake news. We are also concerned by the chilling effect such measures have had on Nicaraguan society, as noted by OHCHR in this report.  

We repeat our call on the government of Nicaragua to immediately and unconditionally release all political prisoners and to fully respect the fundamental civic freedoms of association, peaceful assembly and expression. 

The revocation of the legal personality of 1,988 organisations within 10 months as reported by OHCHR is also of grave concern. We urge the Nicaraguan authorities to repeal Laws No. 1040 on foreign agents and General Law No. 115 on the regulation of non-profit organisations, and respect individuals right to freely associate.

High Commissioner, in light of Nicaragua’s complete lack of engagement with Human Rights Council mechanisms, could you please advise how States can protect academic freedom and support civil society actors documenting and reporting on human rights violations and abuses?

Civic space in Nicaragua is rated as 'closed' by the CIVICUS Monitor 

Statement at the 54th Session of the UN Human Rights Council 

Interactive Debate on OHCHR report on Afghanistan

Delivered by Horia Mosadiq, Safety and Risk Mitigation Organization (SRMO)

Thank you Mr. President, 

CIVICUS and SRMO welcomes this new report on the situation of human rights in Afghanistan and express our grave concern that more than two years after the Taliban takeover, there has been a failure by the international community to ensure serious and sustained attention to stem the systematic assault on civic space in the country. 

In March, Afghanistan’s civic space rating was downgraded by the CIVICUS Monitor from ‘repressed’ to ‘closed’. Over the last year, activists, especially women human rights defenders and journalists have continued to face arbitrary arrests, detention and ill-treatment by the Taliban. Education rights activist Matiullah Wesa and reporter Mortaza Behboudi remain in detention. NGOs have also faced asset seizure and licence suspensions because they were led by women or had women employees.

It has become increasing difficult to hold protests in Afghanistan due to harassment, arrests and ill-treatment. Despite this, scores of brave women demonstrated in July, their bravery was met with gunfire, water cannons and beatings.

The international community must speak up and urge the de facto authorities to respect fundamental freedoms and to reverse their ban on women working and from education. 

Proactive steps must be taken to provide support and protection to human rights defenders at risk, including those in exile. 

We also urge the Council to do more to hold the Taliban accountable for their abuses and discriminatory policies, gender apartheid and expedite discussions towards a more robust international accountability mechanism. 

We thank you.

Statement at the 54th Session of the UN Human Rights Council 

Interactive Dialogue on the report of the Office of the High Commisioner for Human Rights (OHCHR) on Sri Lanka

Delivered by Róisín Dunbar

Thank you, Mr. President,

CIVICUS welcomes this crucial update on the human rights situation in Sri Lanka which reflects our own monitoring of the challenging state for civil society and human rights defenders – especially those working on truth and justice - and the ongoing failure of the government to undertake meaningful reforms.

As noted in the report, there is ongoing surveillance, intimidation and harassment of activists involved in memorialization by security forces, especially in the Northern and Eastern provinces. Further, the Anti-Terrorism Bill designed to replace the draconian Prevention of Terrorism Act - which has been used to criminalise and detain activists and protesters – has yet to be revised to ensure it is consistent with international law. At the same time the International Covenant on Civil and Political Rights Act No. 56 of 2007 – a law meant to protect human rights - has continued to be misused to stifle freedom of expression.

We are also concerned that peaceful protesters continued to be detained and met by disproportionate use of water cannons and tear gas.

CIVICUS also echos concerns from civil society groups about the proposed National Unity and Reconciliation Commission to deal with conflict abuses, which we do not believe will deliver truth, justice and reparations.

We call on the Sri Lankan government to withdraw all charges against activists and protesters facing court cases and to repeal all draconian legislation used to criminalise activists. We also call on the government to fully engage - instead of harassing victims of human rights violations and civil society activists supporting them - and deliver a transitional justice process that abides by Sri Lanka’s obligations under international human rights and humanitarian law.

We thank you.

Civic space in Sri Lanka is rated as 'Obstructed' by the CIVICUS Monitor   

Statement at the 54th Session of the UN Human Rights Council 

Interactive Dialogue on the report of Independent Investigative Mechanism for Myanmar

Delivered by May Thiri Khin, Burma Human Rights Network

We thank the Independent Investigative Mechanism for Myanmar (IIMM) for their recent report. The creation of the IIMM has been an important step by this Council to strengthen its efforts for justice and accountability.  

The Burma Human Rights Network is a civil society organisation working to document crimes against Muslim minorities and others in Myanmar while CIVICUS has been tracking attacks on civic space including the torture, sexual violence and killings of political and human rights activists in detention, as also documented by the IIMM. 

We welcome the engagement of the IIMM with civil society and survivors. We recommend the IIMM ensure more regular and transparent communication and coordination with affected communities and civil society in Myanmar and Bangladesh through more dedicated IIMM outreach focal points who can speak Burmese and other ethnic languages. We also request the IIMM to translate its updates into more ethnic languages.

We encourage the IIMM to continue to investigate crimes against Muslim and other ethnic minorities throughout the country. We also urge the IIMM to better support Myanmar human rights organisations on investigative standards, tools, and techniques. Such trainings will allow them to better support the mechanism’s mandate by submitting evidence collected according to best practices and international standards.  

We encourage all UN member states to show their commitment to justice and accountability for the people of Myanmar by increasing their support to civil society groups and activists documenting serious crimes, continuing to fund the IIMM and to support ongoing international justice mechanisms.

We thank you.

Civic space in Myanmar is rated as Closed by the CIVICUS Monitor

To: Permanent Representatives of Member and Observer States of the UN Human Rights Council

RE: Human Rights Council should adopt meaningful resolution to address spiralling rights crisis in Cambodia

Excellencies,

We, the undersigned civil society organisations, are writing to alert your government to the worsening human rights crisis in Cambodia, and to appeal to you for your support for a resolution strengthening and extending scrutiny of the situation to be adopted at the 54^th regular session of the UN Human Rights Council (the “Council”).

Human rights violations perpetrated in the context of general elections held on 23 July mark a new low in the two years of continual decline in the overall situation of human rights in Cambodia since the last Council resolution on the country in October 2021.^[1] There has been no tangible progress, and the Cambodian government has failed to demonstrate any political will towards meeting the 20 benchmarks presented to the Council in October 2022 by the Special Rapporteur on the situation of human rights in Cambodia “to help promote human rights implementation in the country.”^[2]  

The High Commissioner for Human Rights Volker Türk described the environment leading up to the July general elections as “a severely restricted space that negatively impacted on the rights of Cambodians to participate fully and equally in all aspects of the electoral process.”^[3] Similarly, a joint statement by at least seven UN human rights experts said that “[t]he lead up to recent elections […] and its results are extremely disconcerting.”^[4] They further said that “[a] range of serious human rights violations and severe restrictions on civic and political space […] including a ban on the main opposition party, media restrictions and blockages and the harassment of perceived opponents of the ruling elite….”^[5]

The government engaged in serious attacks on political opposition in the lead-up to the elections, with violent rhetoric, and arbitrary arrests and detention of political activists. The non-independent, politically biased National Election Committee^[6] disqualified two opposition parties, including the Candlelight Party,^[7] which was widely considered to be the most credible opposition party. Days before the election, the government ordered internet service providers to block access to the websites and social media accounts of at least three news outlets perceived to be critical of the government.^[8]

The government has continued a policy of systematic and relentless persecution of human rights defenders, environmental and land rights defenders, trade unionists, political opposition, and independent media and media workers through judicial harassment including mass trials and legal action, as detailed in the annex to this letter.

The conviction and sentencing to 2-years’ imprisonment of trade unionist and labour rights activist Chhim Sithar along with eight labour activists in May 2023, the conviction of 10 land rights defenders in Koh Kong in August 2023, and the conviction and 27-year prison sentence against opposition leader Kem Sokha in March 2023 are emblematic of the continuing pattern of criminalisation and judicial harassment of human rights defenders and political opposition. A judiciary that lacks independence from the executive branch renders the prospect of fair trials and due process guarantees virtually non-existent for those perceived to be critical of, or a threat to, the interests of the ruling elites.

The Cambodian authorities have demonstrated a systematic and growing intolerance of independent media. The latest example is the arbitrary revocation of the media license of the Voice of Democracy, run by the Cambodian Center for Independent Media, which, as a group of UN human rights experts concluded, “leaves virtually no free media outlets operating in the country.”^[9]

Laws are routinely misused to restrict human rights, undermine and attack civil society, and criminalise individuals for their exercise of freedom of expression, peaceful assembly and association. Provisions of the Criminal Code, especially article 305 on defamation, article 453 on ‘plotting’ against the government, and articles 494 and 495 on incitement to commit felony and disturb social security have been routinely used against human rights defenders and political opponents. The Law on Non-Governmental Organisations, Law on Trade Unions, and Law on Political Parties continue to pose serious challenges for civic and political freedoms in Cambodia, while draft laws being contemplated by the government on cybercrime and on public order would provide further tools of repression.

Over the past years, the Special Rapporteur on Cambodia has played a vital role in adding an independent and respected voice to verify and bring attention to the reporting of human rights groups and activists on the ground. The government’s restriction of civic of space and crackdown on the exercise of freedom of expression, and reporting by independent and critical voices makes the role of the Special Rapporteur even more vital in the promotion of respect for human rights and ensuring protection of fundamental freedoms and vulnerable populations in the country.  

It is imperative that the Council seizes the moment and takes effective action at its 54^th session to address the government’s continuing systematic repression, restriction of civic and political space and clampdown on human rights in Cambodia. The Council should send a clear message to newly appointed Prime Minister Hun Manet and the government that there is a cost for continuing the ruling Cambodian People’s Party’s (CPP’s) past systematic approaches to silencing the media and targeting dissenting voices. The message sent now should be clear – that the international community will hold the government accountable for their human rights commitments and obligations. To this end, the Human Rights Council should ensure adequate monitoring and reporting, and track progress (or lack thereof) against the concrete benchmarks that have been elaborated by the Special Rapporteur.

In this regard, our organisations urge the Council to adopt a resolution that:

• Renews the mandate of the Special Rapporteur on the situation of human rights in Cambodia for a further two years to ensure continued monitoring and reporting on the situation in the country as well as to provide technical assistance and capacity building, with a view to fully implementing Cambodia’s international human rights obligations;
• Welcomes, and mandates enhanced monitoring and reporting on the progress in the implementation of, the 20 benchmarks presented by the Special Rapporteur on the situation of human rights in Cambodia to the 51^st session of the Council;^[10]
• Substantively and accurately reflects the situation on the ground as documented in the report of the Special Rapporteur that will be presented to the 54^th session of the Council, as well as concerns expressed by the High Commissioner and other Special Procedures in relation to, among others, the persecution of human rights defenders and political opposition including Kem Sokha, and restrictions on the rights to freedoms of expression, peaceful assembly and of association.

We further urge your government, during the 54^th session of the Council, to speak out strongly and unequivocally against the continuing pattern of violations of human rights in Cambodia, to send a clear message that impunity for human rights violations will not be tolerated.

We remain at your disposal for any further information.

Sincerely,

Amnesty International

ARTICLE 19

Asian Forum for Human Rights and Development (FORUM-ASIA)

CIVICUS: World Alliance for Citizen Participation

Human Rights Watch

International Commission of Jurists (ICJ)

International Federation for Human Rights (FIDH)

World Organisation against Torture (OMCT)

ANNEX: Key developments since the adoption of the Council’s last resolution on Cambodia (HRC resolution 48/23) in October 2021:

Trade Unionists, Peaceful Protestors and Human Rights Defenders

In May 2023, the Phnom Penh Municipal Court convicted union leader Chhim Sithar, alongside eight members of the Labour Rights Supported Union of Khmer Employees of NagaWorld (LRSU), of “incitement to commit a felony or disturb social security” under articles 494 and 495 of the Criminal Code. Sithar was sentenced to two years in prison while others were sentenced to one to one and half years in prison and received suspended sentences or judicial supervision. Their convictions stem from peaceful strike action in December 2021 and January 2022 demanding higher wages and the reinstatement of hundreds of union members who were laid off by NagaWorld Casino.

On 15 August 2023, the Koh Kong Provincial Court convicted 10 land rights activists of malicious denunciations and incitement to disturb social security and were sentenced to one year imprisonment and ordered to collectively pay 40 million riel (approximately USD 9,600) in compensation.^[11] These convictions follow convictions of three other Koh Kong land activists of criminal charges including defamation, incitement and malicious denunciations in relation to their peaceful defence of their communities’ land rights.^[12]

In November 2022, the Supreme Court upheld a five-year prison term for five current and former workers of the Cambodian Human Rights and Development Association (ADHOC), on bribery charges that human rights groups believe to be politically motivated.

Crackdown on and harassment of political opposition

Cambodian authorities have pursued politically motivated prosecutions against more than 150 opposition party leaders and members, some of whom have fled the country fearing reprisals. There are at least 50 political prisoners behind bars in Cambodia.^[13]

In March 2023, opposition leader Kem Sokha was convicted on charges of treason or conspiracy with a foreign power and was sentenced to 27 years in prison.^[14] UN human rights experts, in a joint statement, said that Sokha’s conviction was “politically motivated” and was “evidence of an ongoing pattern of the misapplication of laws to target political opponents and any critic of the Government.”^[15] They further said the entire judicial process against Sokha “has been fraught with irregularities and failed to meet the standard of either Cambodian or international human rights law.”

Following Sokha’s conviction, the Supreme Court in March 2023 in a mass trial upheld the March 2022 conviction of 12 members of the arbitrarily dissolved Cambodia National Rescue Party (CNRP) and a former government official on charges of ‘incitement’ and ‘plotting,’ and sentenced each to 5 years in prison with 16 months suspended sentences.

In another mass trial in December 2022, the Phnom Penh Municipal Court convicted 36 former leaders, members and supporters of the CNRP of plotting under article 453 of the Criminal Code for allegedly assisting attempts by exiled members of the opposition movement to return to the country. This was the fourth verdict in five mass trials that have been initiated against a total of 158 leaders and supporters of the former CNRP since November 2020.^[16]

In May 2023, months before the national elections, the National Election Committee disqualified the main opposition, the Candlelight Party – which was widely considered to be the only credible opposition to the ruling Cambodia People’s Party – from contesting in the elections in July 2023. The party was alleged to have failed to fulfil documentation including missing original paperwork proving its registration with the Ministry of Interior.

The Candlelight Party’s disqualification was a major step in the deepening harassment and intimidation against the party and its leadership by authorities. In July 2022, Soy Chhay, a Vice President of the party, was charged with defamation under article 305 of the Criminal Code for criticising the conduct of the commune elections and the National Elections Committee. In January 2023, Thach Setha, a Vice President of the Candlelight Party, was arrested for allegedly issuing worthless cheques in a case his party said was politically motivated.

Following the ban on the Candlelight Party, and in the lead up to the elections, Cambodian authorities intensified the attacks and harassment, including with trumped criminal charges and detention, of party members.^[17] This escalation of attacks followed the threat of physical violence against the opposition by the then Prime Minister Hun Sen in a video posted on his own Facebook page which resulted in the removal of the video by Meta.^[18]   

Days before the election, 4 activists of the Candlelight Party were arrested and 17 other opposition activists and politicians who were fined and barred from holding political office for 20 years for allegedly spoiling ballots, encouraging people to destroy ballots, and ‘disturbing the peace’.^[19]

Freedom of expression, media freedoms and freedom of association

The Cambodian government has demonstrated a growing intolerance for human rights including freedom of expression, with a continuing pattern of systematic repression and criminalisation of critical voices and independent media.

This is most clearly illustrated by the cancellation of the broadcast licence of Voice of Democracy (VoD) in February 2023. A group of UN human rights experts expressed alarm at “the revocation of VoD’s license without due process” further adding that “the revocation leaves virtually no free media outlets operating in the country.”^[20]

In January 2023, the authorities ordered the removal of a music video by a popular rap music artist that recounts a deadly government crackdown on a workers’ protest nine years ago.^[21] The government reportedly ordered the police to prevent the dissemination of the video alleging that its “inciting contents that can contribute to instability and social disorder.”

The cybercrime police questioned the operations director of prominent human rights NGO, LICADHO, over the group’s alleged involvement in releasing the video, as well as other NGO leaders. LICADHO removed the video from its Facebook to avoid further legal action. The authorities have not confirmed that this investigation has closed and charges could still arise from this incident.

Further, the restrictive 2015 Law on Associations and Non-Governmental Organizations (LANGO) continues to be used to restrict civil society groups. Its onerous registration requirements, reporting obligations and broad grounds for denial of registration provide opportunities for government actors to put pressure on CSOs for politically motivated reasons.

Cambodia is currently rated “Repressed” by CIVICUS Monitor^[22] and was recently added to its Watchlist for rapid decline in civic freedoms.

----------------------------

^[1] A/HRC/RES/48/23 (adopted on 11 October 2021).

^[2] A/HRC/51/66 (18 August 2022).

^[3] https://www.ohchr.org/en/press-releases/2023/07/cambodia-un-human-rights-chief-regrets-elections-held-restrictive.

^[4] https://www.ohchr.org/en/press-releases/2023/08/cambodias-shrinking-democratic-space-affected-credibility-national-elections.

^[5] Ibid.  

^[6] https://forum-asia.org/?p=38445.

^[7] https://forum-asia.org/?p=38159.

^[8] https://www.ohchr.org/en/press-releases/2023/07/cambodia-un-human-rights-chief-regrets-elections-held-restrictive

^[9] https://www.ohchr.org/en/press-releases/2023/02/cambodia-un-experts-call-reinstatement-voice-democracy-say-free-media.

^[10] A/HRC/51/66

^[11] https://www.licadho-cambodia.org/flashnews.php?perm=340&english

^[12] https://www.licadho-cambodia.org/flashnews.php?perm=339

^[13] https://www.hrw.org/video-photos/interactive/political-prisoners-cambodia

^[14] https://www.amnesty.org/en/latest/news/2023/03/cambodia-kem-sokha-conviction/

^[15] https://www.ohchr.org/en/press-releases/2023/03/cambodia-un-experts-condemn-verdict-against-opposition-leader-kem-sokha

^[16] https://www.licadho-cambodia.org/articles/20221222/179/index.html

^[17] https://www.hrw.org/news/2023/07/19/cambodia-harassment-arrests-opposition-activists

^[18] https://forum-asia.org/?p=38382

^[19] https://forum-asia.org/?p=38450

^[20] https://www.ohchr.org/en/press-releases/2023/02/cambodia-un-experts-call-reinstatement-voice-democracy-say-free-media

^[21] https://forum-asia.org/?p=37768

^[22] https://monitor.civicus.org/

As a global civil society alliance with a mandate to strengthen citizen action and civil society throughout the world, CIVICUS’s key priorities and recommendations ahead of the 54^th Session of the UN Human Rights Council (11 September - 13 October) relate to protecting fundamental freedoms and supporting civil society where they face grave risk.  In addition, the 54^th Session will provide an opportunity to address country situations of serious concern, including those that are not on the Council agenda.

CIVICUS makes UN Universal Periodic Review (UPR) submissions on civil society space in Chad, China, Malaysia, Nigeria, Saudi Arabia, and Senegal.

The United Nations Human Rights Council's Universal Periodic Review is a unique process which involves a review of the human rights records of all 193 UN Member States once every 4.5 years.

CIVICUS and its partners have submitted UN Universal Periodic Review (UPR) submissions on six countries in advance of the 45^th UPR session in January-February 2024, in the context of the 4^th UPR cycle. The submissions examine the state of civil society in each country, including the promotion and protection of the rights to freedom of association, peaceful assembly and expression (including media freedom), and the environment for human rights defenders as well as related unwarranted restrictions. We further provide an assessment of the States’ domestic implementation of civic space recommendations received during the 3^rd UPR cycle over 4 years ago and provide a number of targeted follow-up recommendations in relation to core civil society space issues.

Chad – See consolidated report | See full report - CIVICUS and the Réseau des Défenseurs des Droits Humains en Afrique Centrale (REDHAC) express concern about the use of lethal force to target protesters, the blanket ban on protests, and ongoing restrictions on freedom of assembly in the Republic of Chad. The submission shows that the targeting of human rights defenders, the killing of journalists for their human rights activities, and ongoing restrictions on freedom of association continue to take place with high levels of impunity enjoyed by perpetrators of human rights violations as the overall environment for civil society worsens.

China – See full report - CIVICUS and the Asia Democracy Network (AND) document in this submission the use of vague and broad security and public order laws that have served in the People’s Republic of China as a legal basis to shut down civil society organisations and criminalise human rights defenders, journalists and critics, including in Hong Kong. Specific forms of harassment imposed on human rights defenders including movement restrictions, travel bans, surveillance and social media restrictions are also addressed. The submission sheds light on the pervasive censorship of all form of dissent occurring both online and offline, the assault on the media and the crackdown on protests and addresses concerns about systematic repression of ethnic Uighur Muslims and other Muslim minorities, including arbitrary mass detention.

Nigeria - See full report – The submission by CIVICUS and the Nigeria Network of NGOs (NNNGOs) examine the deterioration civic space in the country, highlighting the Federal Republic of Nigeria’s onslaught on freedom of expression and media freedom through its stifling laws that silence critical opinions. We also discuss the attacks and intimidation of civil society activists and journalists by security operatives and government officials, as well as persistent implementation gaps in relation to the rights to freedom of expression and assembly despite significant progress that has been made in addressing data protection issues.

Malaysia – See consolidated report | See full report - The submission by CIVICUS, the Asian Forum for Human Rights and Development (FORUM-ASIA) and Suaram Rakyat Malaysia highlights the lack of implementation of protection measures for human rights defenders. Numerous cases of harassment of human rights defenders and journalists, including judicial harassment and harassment by non-state actors, are documented. The submission addresses concerns over the systematic harassment of peaceful protesters using the Peaceful Assembly Act 2012 and restrictive provisions in the law that are inconsistent with international law and standards. We also document the use of restrictive laws including the Sedition Act, the Communications and Multimedia Act (CMA) and other laws to silence dissent.

Saudi Arabia – See consolidated report | See full report in English | Arabic - CIVICUS and the Gulf Centre for Human Rights (GCHR) examine the legal framework related to civic space in the Kingdom of Saudi Arabia, which lacks basic rights protections and severely restricts freedoms of association, peaceful assembly and expression. The submission documents in particular the continued misuse of the overly broad and vague Counter-Terrorism Law of 2017 and the Cybercrime Law of 2007 to clamp down on human rights and peaceful activists. The submission also sheds light on the continued judicial persecution of human rights defenders, including women human rights defenders, who face additional systemic barriers and challenges such as sexual harassment as they advocate for gender equality and the rights of women.

Senegal – See consolidated report in English | French | See full report in English | French - CIVICUS, Coalition Sénégalaise des Défenseurs des Droits Humains (COSEDDH) and the West African Human Rights Defenders Network (ROADDH/WAHRDN) highlight in this submission, among other issues, the increased number of human rights defenders and journalists that have been subjected to arrests and prolonged pretrial detention, including in relation to the organisation of and participation in protests. We further note that the counterterrorism laws approved in June 2021 contain restrictive provisions that could adversely affect civic freedoms, including freedom of association as well as freedom of expression and media freedom.

Civic space in China and Saudi Arabia is rated as Closed by the CIVICUS Monitor. In Chad, Senegal and Nigeria it is rated as Repressed, whereas in Malaysia it is rated as Obstructed.

CIVICUS’ key priorities and recommendations during the 53rd Session of the UN Human Rights Council focussed on the protection of fundamental freedoms and support to civil society where they face grave risk. The 53^rd session provided a number of opportunities for the advancement of civic space and the protection of civil, in light of the 75th anniversary of the Universal Declaration of Human Rights (UDHR) and of the 25th anniversary of the Declaration on Human Rights Defenders.

The Human Rights Council adopted a Civil Society Space Resolution that acknowledges the positive role of civil society, recognises that civil society participation in UN mechanisms is crucial, and asks the High Commissioner, through a wide consultative process, to prepare a report identifying challenges and best practices in regularly assessing civic space trends, which may lead in the long run to the development of indicators and benchmarks.

CIVICUS welcomes, the adoption of the resolution on Belarus, which re-mandates the Special Rapporteur for a further year, as well as the renewal of the mandates of the Special Rapporteur on Extrajudicial, Summary and Arbitrary and of the Working Group on Business and Human Rights for three years, and the adoption of the resolution extending the mandate of the UN Special Rapporteur on Independence of Judges and Lawyers.

On country situations, CIVICUS welcomes the Council’s strengthened action on Eritrea, with a Resolution that addresses violations committed by Eritrean authorities. On Sudan, civil society continues to request the establishment of an investigative mechanism with the aim of thoroughly investigating alleged human rights violations and violations of international humanitarian law committed by all parties. For more information see here.

CIVICUS in collaboration with members delivered statements on situations where civil society faces grave risks, in the context of the enhanced Interactive dialogue with the Special Rapporteur on the situation of human rights in Afghanistan and the Working Group on discrimination against women and girls; the Interactive dialogue on the situation of human rights in Eritrea; the Interactive dialogue with the Special Rapporteur on the situation of human rights in Myanmar and the interactive dialogue on the written update of the High Commissioner on the situation of human rights in the country; the enhanced interactive dialogue on the report of the High Commissioner on the situation of human rights in the Sudan, the interactive dialogue on the report of the High Commissioner on the situation of human rights in the Bolivarian Republic of Venezuela; and the interactive dialogue on the oral update of the Special Rapporteur on the situation of human rights in Burundi.

CIVICUS and its partners also delivered statements on Peru, Pakistan, Sri Lanka, Benin and Zambia, in the context of UPR outcomes.

We welcome the resolution put forward by the OIC to ensure the full implementation of the United Nations database of businesses facilitating Israeli settlements in the Occupied Palestinian Territory as well as the recent publication of the partial update to the database issued by the Office of the High Commissioner for Human Rights on 30 June 2023. The effectiveness and credibility of the HRC and OHCHR has suffered considerably from the chronic under-implementation of the database by this Council. The resolution put forward at the 53rd session represents an important step forward, and it is crucial that future updates are conducted annually, regularly, including both the addition and removal of businesses from the database, as appropriate, to ensure accurate and comprehensive information for all stakeholders involved. We regret that some States failed to vote in favor of the resolution to ensure the full implementation of the database.  We believe this failure constitutes a dangerous example of double standards and urge States who abstained or voted against the resolution to begin to approach this issue in line with international human rights standards and their duties as UN member States. 

We welcome the fact that the resolution on civil society space addressed the limitations to civil society access and participation in decision-making processes, including at the UN, and called on States to “enable and institutionalize meaningful online participation in hybrid meetings” and to establish “a transparent, fair and gender-responsive accreditation processes”. We welcome that the resolution acknowledges the significant role played by civil society in the promotion and protection of human rights, including with regard to monitoring, documenting and raising awareness about human rights violations and abuses, but we regret that the role of civil society in the prevention of human rights violations, as well as the Council’s prevention mandate, was not highlighted. We also welcome that the resolution emphasizes undue restrictions of civic space, including on funding of civil society actors, nonetheless we express concern that it does not address the misuse of restrictive laws in a more comprehensive manner. We appreciate the call upon States to establish or enhance information-gathering and monitoring mechanisms, including by benefiting from data collected by civil society, for the collection, analysis and reporting of data on threats, attacks or violence against civil society, and the request to the High Commissioner to prepare a report identifying challenges and best practices in regularly assessing civic space trends drawing on the views of civil society, amongst others. This may lead, in the longer term, to the development of a collective methodology including indicators and benchmarks that will permit the effective and systematic monitoring of civic space developments on the international level. We also call on States to prevent the deterioration and closure of civic space and provide support to build civil society resilience.

We welcome the focus of the resolution on human rights of migrants on human rights violations in transit. However, the resolution fails to answer the call from over 220 CSOs for the Council to establish an investigative mechanism on deaths, torture and other grave human rights violations at and around international borders. The focus on monitoring in the intersessional panel requested must be used as a stepping stone towards a response from the Council that matches the severity of the situation. The 53rd session opened as yet another horrific incident unfolded with hundreds presumed dead at sea. The normalisation of deaths caused by border management policies and practices, as well as criminal networks, must end. It is unclear what scale of atrocity will prompt this body to act.      

We welcome the adoption of resolutions on child and early forced marriage and on violence against women and girls, despite hostile amendments contravening international human rights law, UN technical guidance and WHO Guidelines. The resolution on child and early forced marriage on the theme of forced marriage, identifies root causes of forced marriage and calls for practical guidelines to be developed by the OHCHR which can help States work to prevent and eliminate forced marriage, centering the autonomy of women and girls. The resolution on violence against women and girls looks at systemic violence against women and girls in criminal detention systems. The resolution centers the respect, protection and fulfillment of human rights for women and girls in criminal detention, in addition to the Bangkok and Mandela Rules.

We welcome the adoption of the resolution on ‘the impact of arms transfer on human rights‘. Ensuring arms related risks to human rights continues to be part of the Council’s work is critical – both those acquired by civilians and those transferred. We look forward to the stocktaking intersessional workshop on the role of States and the private sector in preventing, addressing and mitigating negative human rights impacts of arms transfers.

We welcome the resolution on new and emerging digital technologies, which reinforces the need to respect, protect and promote human rights throughout the lifecycle of artificial intelligence systems. The resolution mandates an enhanced role of the OHCHR in providing its expertise on the human rights implications of these technologies, including artificial intelligence, to other UN bodies, mechanisms, and processes. We believe that bolstering this existing expertise is vital in ensuring a consistent human rights-first approach to the growing number of UN initiatives relevant to this topic. We also particularly welcome that the resolution stresses that certain applications of artificial intelligence “present an unacceptable risk to human rights”. We now call on States to put this language into practice and ban those technologies that cannot be operated in compliance with international human rights law.

We welcome the adoption of the resolution extending the mandate of the UN Special Rapporteur on Independence of Judges and Lawyers for three years.

We regret the adoption of a new resolution on countering religious hatred constituting incitement to discrimination hostility or violence. While we are dismayed over the rise of hate against persons on the basis of their religion or belief worldwide, this resolution ultimately aims to protect not individuals but rather religious books and symbols that do not enjoy protection under international human rights law. We note that prohibitions on the defamation of religions fuel division and religious intolerance by shutting down interfaith dialogue, and can facilitate human rights violations against religious minorities. While the burning of holy books is considered disrespectful and offensive by many, this is not an act of incitement in and of itself, and such acts should only be challenged through open space for dialogue, debate, and dissent. By evoking language on the defamation of religions, this resolution puts over a decade of progress in jeopardy and risks undermining the consensual, positive action plan to combat religious intolerance achieved in landmark Resolution 16/18 in 2011.

We regret that the resolution on the contribution of development to the enjoyment of human rights weakens the interdependence of human rights and sustainable development. We reiterate deep concerns at the long-term goal of this initiative, in light of the penholder’s remarks during negotiations that the ‘contribution of development to human rights’ is a methodology ‘conflicting with’ human rights-based approaches to development (HRBA) widely-endorsed by the Secretary-General, UN agencies and States. We regret the inclusion of undefined domestic concepts such as ‘better life’, ‘high-quality development’ and ‘people-centred approach to development’, and the failure to consider middle-ground proposals to reallocate resources to meet the OHCHR’s needs for additional capacity on HRBA to development. We lament that the penholder disregarded strong concerns shared across all regions, including from developing countries as reflected in the abstentions of Costa Rica, Chile, Georgia, India and Paraguay, despite commitments to seek consensus and engage constructively.

We welcome the adoption of the resolution on Belarus, which re-mandates the Special Rapporteur for a further year. The Special Rapporteur on Belarus remains critical to civil society, whose options for seeking redress for human rights violations at an international level were further reduced recently when Belarus withdrew from the First Optional Protocol of the ICCPR.

We welcome the adoption of the resolution presented by Colombia seeking to enhance technical cooperation to implement the recommendations made by the Commission for the Clarification of Truth, Coexistence and Non-Repetition in the country – a resolution looking towards a future of peace.. The text highlights the OHCHR report’s findings that violence disproportionately affects, inter alia, human rights defenders, Indigenous Peoples, people of African descent, peasant leaders, women and girls, as well as persons on the basis of their sexual orientation or gender identity. We regret however that Pakistan, on behalf of the OIC except Albania, tabled an amendment to remove the reference to ‘sexual orientation and gender identity’, and in doing so did not respect Colombia’s decision to acknowledge the vulnerability of populations inside its own territory, and meant that a vote was called on the resolution.

This year’s strengthened resolution on Eritrea is in line with civil society’s ask to substantively address violations Eritrean authorities commit at home and abroad and to move beyond merely procedural resolutions that extend the Special Rapporteur’s mandate. We encourage States to go even further next year and to reinstate fully substantive resolutions on Eritrea’s human rights situation, as was the rule before 2019.

We welcome the adoption of the Item 10 resolution on Ukraine, maintaining the Council’s regular dialogues with the High Commissioner on the human rights situation in Ukraine. The work of the OHCHR in Ukraine is critical, complementary to the work of the International Commission of Inquiry on Ukraine, and it is important that HRC is kept abreast of this work.

While we believe the resolution on Rohingya and other minorities in Myanmar is an important step to maintain the situation of Rohingya and other minorities in Myanmar high on the agenda of the Council, we regret that the resolution failed to reflect the reality of the situation on the ground in Myanmar especially following the 1 February 2021 military coup. It calls for immediate commencement of repatriation of Rohingya refugees in direct contrast to conclusions and recommendations of the Special Rapporteur, the High Commissioner as well as Rohingya themselves that conditions for safe, voluntary, dignified and sustainable return for Rohingya do not exist in Myanmar, and that their return under the current circumstances could lead to the recurrence of violence that led to their displacement.

The holding of a Special Session on Sudan on 11 May 2023, does not preclude, but rather should be seen as the start of a process toward, stronger resolutions. Civil society will continue to push for the establishment of an investigative mechanism, which is the least the Council can do for the victims and survivors of the conflict and violations and abuses committed in the country in the last three decades. We highlight the need for a holistic, comprehensive response by the international community. In this regard, the Final Communiqué of the First Meeting of the IGAD Quartet Group of Countries for the Resolution of the Situation in the Republic of Sudan resolved to request that “the East Africa Standby Force (EASF) summit … convene in order to consider the possible deployment of the EASF for the protection of civilians and guarantee humanitarian access” and committed “to work closely with the international community to put in place a robust monitoring and accountability mechanism that will be instrumental in bringing perpetrators to justice.”

We deplore the sustained failure of this Council to respond meaningfully to the human rights situation in China, gradually undermining its credibility and ability to scrutinise countries on the basis of objective, impartial UN documentation, including the OHCHR Xinjiang report. We further regret the failure of the joint UN Office on Genocide Prevention and the Responsibility to Protect to act in line with its mandate on the CERD’s historic referral of the situation in Xinjiang, weakening the UN’s genocide-prevention architecture. The CESCR, the CEDAW, the CERD, the OHCHR, the ILO, as well as Special Procedures through three joint statements, nearly 30 press releases and 100 letters to the government since 2018, have provided more than sufficient evidence pointing to systematic and widespread human rights violations. So long as the Council is not able to take principled action on the basis of objective criteria, other powerful perpetrators will feel empowered to continue committing atrocity crimes, relying on the Council’s silence. We reiterate our pressing call for all Council Members to support the adoption of a resolution establishing a UN mandate to monitor and report on the human rights situation in China.

We regret that the Council failed to adequately respond to the situation in Egypt. Since the joint statement delivered by States in March 2021 at the Council , there has been no significant improvement in the human rights situation in Egypt despite the launching of the national human rights strategy and the national dialogue. The Egyptian government has failed to address, adequately or at all, the repeated serious concerns expressed by several UN Special Procedures over the broad and expansive definition of “terrorism”, which enables the conflation of civil disobedience and peaceful criticism with “terrorism”. The Human Rights Committee raised its concerns “that these laws are used, in combination with restrictive legislation on fundamental freedoms, to silence actual or perceived critics of the Government, including peaceful protesters, lawyers, journalists, political opponents and human rights defenders”. Egyptian and international civil society organisations have been calling on the Council to establish a monitoring and reporting mechanism on the human rights situation in Egypt, applying objective criteria and in light of the Egyptian government’s absolute lack of genuine will to acknowledge, let alone address, the country’s deep-rooted human rights crisis.

We regret the Council’s repeated failure to address the situation in India including to exercise its prevention mandate in relation to the potential escalation of violence against religious minorities and Dalits and Adivasis into mass atrocity crimes with unchecked hate speech and incitement to violence by Hindu nationalist leaders, the most recent illustration of which is the ongoing communal violence in the Northeastern state of Manipur.  We remind the Council that this is happening in the context of systematic rollback of fundamental freedoms, the rule of law and independent institutions as well as the ongoing  criminalisation, harassment and intimidation of human rights defenders, activists, journalists, and dissidents, and targeting of civil society organisations using national security and counter-terrorism infrastructure.  Silence of the Council further enables impunity and makes the international community complicit.

We regret that the Council failed to adequately respond to the situation in Saudi Arabia. In light of the ongoing diplomatic rehabilitation of crown prince and de facto ruler Mohammed bin Salman, the Saudi authorities’ brazen repression continues to intensify, as ALQST has documented. Some notable recent trends include, but are not limited to: the further harsh sentencing of activists for peaceful social media use, such as women activists Salma al-Shehab (27 years), Fatima al-Shawarbi (30 years and six months) and Sukaynah al-Aithan (40 years); the ongoing detention of prisoners of conscience beyond the expiry of their sentences, some of whom continue to be held incommunicado such as human rights defenders Mohammed al-Qahtani and Essa al-Nukheifi, and; regressive developments in relation to the death penalty, including a wave of new death sentences passed and a surge in executions (47 individuals were executed from March-May 2023), raising concerns for those currently on death row, including several young men at risk for crimes they allegedly committed as minors. We call on the Council to respond to the calls of NGOs from around the world to create a monitoring and reporting mechanism on the ever-deteriorating human rights situation in Saudi Arabia.

We regret that the Council failed to exercise its prevention mandate and address the deteriorating human rights situation in Tunisia. Civil society organizations, the High Commissioner and UN Special Procedures all have raised alarm at the escalating pattern of human rights violations and the rapidly worsening situation in Tunisia following President Kais Saied’s power grab on 25 July 2021 leading to the erosion of the rule of law, attacks on the independence of the judiciary, reprisals against independent judges and lawyers and judges associations, a crackdown on peaceful political opposition and abusive use of “counter-terrorism” law in politicized prosecutions, as well as attacks on freedom of expression and threats to freedom of association. A wave of arrests that started in February 2022 continued to include at least 40 members of peaceful political opposition. On 21 February 2023, President Saied made inflammatory comments that triggered a wave of anti-Black violence and persecution – including assaults and summary evictions – against Black African foreign nationals, including migrants, asylum seekers and refugees. Between February and early March 2023, police indiscriminately arrested at least 850 Black African foreign nationals, apparently based on racial profiling. Since July 2, 2023 Tunisian security forces collectively expelled several hundreds of Black African migrants and asylum-seekers to the Tunisian-Libyan borders without any due process, along with reports of beatings and sexual assaults. The High Commissioner has addressed the deteriorating situation in the three latest global updates to the HRC. Special Procedures issued at least 8 communications in less than one year addressing attacks against the independence of the judiciary, as well as attacks against freedom of expression and assembly. Despite the fact that in 2011 Tunisia extended a standing invitation to all UN Special Procedures, and received 16 visits by UN Special Procedures since, Tunisia’s recent postponement of the visit of the Special Rapporteur on the independence of judges and lawyers, is another sign of Tunisia disengaging from international human rights mechanisms and declining levels of cooperation.

Signatories: International Service for Human Rights (ISHR), Cairo Institute for Human Rights Studies, Asian Forum for Human Rights and Development (FORUM-ASIA), International Bar Association’s Human Rights Institute (IBAHRI), International Federation for Human Rights (FIDH), Commonwealth Human Rights Initiative, Center for Reproductive Rights, DefendDefenders (East and Horn of Africa Human Rights Defenders Project), Gulf Centre for Human Rights.

Statement at the 53rd Session of the UN Human Rights Council

Adoption of the UPR report of Pakistan

Delivered by Gulalai Ismail

Thank you, Mr President. 

Mr President, the Asia Legal Resource Centre, Aware Girls and CIVICUS welcome the government of Pakistan's engagement with the UPR process.  

Since its last review, Pakistan has only partially implemented three of the fourteen recommendations relating to civic space. We welcome that Pakistan accepted twenty of the twenty-two recommendations on civic space it received during this cycle including to guarantee a safe and enabling environment for the work of journalists and human rights defenders; review the law for Electronic Crimes and ensure that it does not affect freedom of expression and end the extra-legal use of force as well as use of enforced disappearances.

Despite these commitments, space for civil society has continued to come under attack in recent years. We have documented barriers for CSOs to register and operate, the criminalisation of human rights defenders and journalists on fabricated charges.  We are further alarmed by efforts to intimidate and censor journalists and media outlets, the criminalisation of online expression and restrictions and attacks on peaceful protests, especially by ethnic Pashtun minorities and women’s rights activists. 

Mr President, our organisations call on the Government of Pakistan to take concrete steps to address these concerns, including by halting the use of anti-terrorism legislation to arrest, detain and prosecute activists, to drop all charges against human rights defenders Muhammad Ismail and release Idris Khattak and amend the 1960 Maintenance of Public Order law, to guarantee fully the right to the freedom of peaceful assembly. 

We thank you. 

Civic space in Pakistan is rated as "Repressed" by the CIVICUS Monitor.

Statement at the 53rd Session of the UN Human Rights Council

Adoption of the UPR report of Sri Lanka

Delivered by Tharindu Jayawardhana

Thank you, Mr President.

Mr President, the Centre for Society and Religion, Asia Legal Resource Centre and CIVICUS welcome the government of Sri Lanka's engagement with the UPR process.

Since its last review, Sri Lanka did not implement any of the nine recommendations related to civic space. We note that Sri Lanka accepted 24 of the 31 recommendations on civic space it received during this cycle including to ensure a safe environment for civil society, including human rights defenders and journalists and refrain from imposing undue limitation on NGOs.

Despite these commitments, space for civil society has continued to come under attack in recent years. We have documented arbitrary arrests, detention, harassment and surveillance of activists and journalists and the misuse of the PTA and ICCPR Act and other laws to silence freedom of expression and assembly. We also documented restrictions on protests and harassment and intimidation of protesters - including against families of disappeared persons in the north and east - and the use of excessive force and prosecution of protesters following the economic crisis. We are concerned the imminent “NGO law” will curtail freedom of association and legalize government interference in civil society.

Mr President, our organisations call on the Government of Sri Lanka to withdraw charges against activist and lawyer Hejaaz Hizbullah charged under the PTA; discharge activist and comedian Nathasha Edirisooriya facing several court cases including under the ICCPR Act; to discharge protesters facing court cases related to protests under various laws and to conduct impartial investigations and prosecutions in relation to violations committed by police and armed forces in the context of protests and repeal all draconian legislation used to criminalise activists.

We thank you.

Civic space in Sri Lanka is rated as "Obstructed" by the CIVICUS Monitor.

Statement at the 53rd Session of the UN Human Rights Council 

Interactive Dialogue on written update of the High Commissioner on Myanmar

Delivered by Kyaw Win

Thank you Mr. President,

CIVICUS and the Burma Human Rights Network thank the High Commissioner for his report on the human rights impact of the denial of humanitarian access in Myanmar.

Since the coup, more than a million people, especially from ethnic and religious minority communities, have been displaced by the military junta’s indiscriminate airstrikes and systematic atrocities. During the past two years when humanitarian needs have been acute, the junta has routinely and deliberately blocked, confiscated, and destroyed lifesaving aid to prevent it from reaching people in need. Further, the junta’s amendments to the 2014 NGO registration law formalised further restrictions on civil society and humanitarian actions including banking, procurement of aid items and movement of aid workers.

Compounding these issues, on 14 May, Cyclone Mocha devastated communities in Chin, Rakhine, Kachin states and Magway and Sagaing Regions, impacting over 1.6 million people. The most severely hit areas were Rathedaung and Sittwe townships in Rakhine State. In the wake of the cyclone, the junta issued a notice blocking humanitarian organisations from delivering deliver life-saving aid to impacted communities in Rakhine State where 130,000 Rohingya remain trapped under apartheid like conditions. The cyclone has provided the junta with an opportunity to continue its genocidal campaign against the Rohingya.

Despite these restrictions, civil society groups, diaspora communities, Ethnic Revolutionary Organizations and the National Unity Government have been at the forefront to effectively provide emergency aid risking death, arrest, torture, and harassment. They must be supported to continue to do so.

BHRN and CIVICUS call on the Council and the UN to take steps to protect humanitarian groups and provide flexible direct funding to them to support their ability to assist the population-in-need.

We thank you.

Civic space in Myanmar is rated as "closed" by the CIVICUS Monitor

Statement at the 53rd Session of the UN Human Rights Council

Adoption of the UPR report of Benin

Delivered by Cristina Figueira Shah

Thank you, Mr President.

Mr President, Coalition des Défenseurs des Droits Humains-Bénin (CDDH-Bénin), West African Human Rights Defenders Network (WAHRDN), Réseau des Femmes Leaders pour le Développement (RFLD) and CIVICUS welcome the government of Benin's engagement with the UPR process, and its commitment to implement the recommendations to guarantee freedom of expression and the protection of journalists and human rights defenders.

We regret that Benin only accepted 9 of the 21 recommendations it received during this cycle and has noted all recommendations to reform the Digital Code, which unduly restricts freedom of expression. Since its last review, Benin implemented none of the two recommendations relating to civic space.

We remain concerned by repressive provisions negatively affecting freedom of expression, notably in the 2018 Digital Code and the Criminal Code, which has been used against journalists, HRDs and bloggers.

Despite the decriminalisation of press offences in 2015, journalists continue to be arrested and imprisoned. On 13 January 2023, journalist Maxime Lissanon was arrested after the publication of a Facebook post related to the legislative elections of 8 January 2023, and was subsequently charged with ‘incitement to rebellion’. On 20 December 2022, police arrested editor of online radio station Crystal News, Virgile Ahouansè, and charged him with ‘publishing false information aimed at disturbing the peace’ for an investigative story alleging extra-judicial killings at a school in Porto Novo. On 14 June 2023, the Court of Repression of Economic Offences and Terrorism (CRIET), a special court dedicated to prosecuting economic and terrorism-related crimes, sentenced the journalist to a suspended prison sentence of 12 months.

Furthermore, in October 2022, the right to strike, which had already been undermined by the adoption of Law No. 2018-34 of 5 October 2018, was further undermined by the promulgation of a new law, expanding the sectors that are prohibited from strike action. Violating these strike bans can lead to prison sentences between three and 24 months, while solidarity strikes are prohibited.

Mr President, CDDH-Bénin, RFLD, WAHRDN and CIVICUS call on the Government of Benin to take concrete steps to address these concerns, including by revising the Digital Code as to ensure the respect of the freedom of expression, to adopt a law on the protection of HRDs and to ensure that the application of counterterrorism legislation respects human rights.

We thank you

Civic space in Benin is rated as "Repressed" by the CIVICUS Monitor

Statement at the UN Human Rights Council – 53rd Session

Interactive Dialogue with the Special Rapporteur on the situation of human rights in Burundi

Delivered by Sigrid Lipott

Thank you, Mr. President,

CIVICUS and its partners in Burundi express deep concern regarding the shrinking civic space in Burundi and the government's lack of cooperation with the Special Rapporteur.

The recent arrest of human rights defenders - Sonia Ndikumasabo, Marie Emerusabe, Audace Havyarimana, Sylvana Inamahoro, and Prosper Runyange, on baseless charges of rebellion and undermining state security is a cause for concern. The continued illegal detention of Tony Germain Nkina, despite a Supreme Court ruling overturning his conviction, is a violation of his fundamental rights. Burundi must respect the court's decision and release him immediately.

We are concerned by the arrest of 24 individuals during a seminar organized by MUCO Burundi. The criminalization of individuals based on their sexual orientation is a clear violation of international human rights standards. The government must drop these charges and ensure the protection of the rights of all individuals. Furthermore, the conviction of journalist Floriane Irangabiye on charges of “undermining the integrity of national security” is a severe infringement on freedom of expression and media independence. Burundi must respect its international obligations to uphold freedom of speech and ensure the independence of the media.

CIVICUS and its partners emphasize the urgency of addressing the shrinking civic space and the threats faced by human rights defenders in Burundi. The government must protect civic space, uphold the rights of defenders, and create a safe environment for civil society organizations. Burundi must fulfil its obligations under international human rights law, halt human rights violations, and ensure accountability for those responsible.

We thank you.

Civic space in Burundi is rated as "Repressed" by the CIVICUS Monitor.

Declaración Oral: Consejo de Derechos Humanos – 53° período de sesiones y aprobación del Informe EPU

Entregada por Humberto Mendez Ramos

Saludos desde la Asociación por los Derechos Humanos (APRODEH). Después del periodo del conflicto armado interno y dictadura que vivió el Perú entre el 80 y el 2000, el país no experimentaba un escenario tan critico en el cual los derechos humanos y la misma democracia fueran sometidas y vulneradas por una alianza autoritaria y anti-derechos que tiene el Parlamento como su centro de poder.  

Consecuencias de esa concentración de poder, han sido no solo la grave crisis política y de represión que vivimos desde diciembre de 2022 y que produjo 49 muertos por acción de las fuerzas del orden, sino también la captura de las instituciones democráticas como la Defensoría del Pueblo, el Tribunal Constitucional, entre otras, que aseguraban mínimos de democracia y ejercicio de derechos en el país.  

Si bien nuestra democracia ha sido imperfecta en estos cuatro quinquenios, pues diversos territorios experimentaron escenarios de conflictividad social que también produjo la muerte de más de medio centenar entre el 2012 al 2021, las reglas mininas de convivencia democrática, como la independencia de poderes para la investigación y sanción de estos casos de vulneración de derechos nunca estuvo amenazada o en riesgo de existir, como sí lo está hoy en favor de la impunidad. 

Este escenario de progresivo autoritarismo, camino a consolidar un nuevo tipo de dictadura, nos preocupa no sólo por la eliminación de la independencia de poderes o la imposición de la impunidad frente a los casos de muerte producidos recientemente, sino a la amenaza y riesgo de poder vivir un nuevo escenario de amplia represión y un Estado anti derechos como el que tuvimos en la década de los noventa y que implicó amplias y sistemáticas violaciones a los derechos humanos. 

Bajo este contexto, solicitamos a las instituciones internacionales estar alertas y vigilantes ante el reinicio de movilizaciones que se van a producir desde el diecinueve de julio en adelante. 

Muchas gracias. 

Statement at the 53rd Session of the UN Human Rights Council

Interactive Dialogue on High Commissioner report on Venezuela

Delivered by CIVICUS and Espacio Público

Thank you Mr President,

In Venezuela, persecution against government critics continues.

Leonardo Azócar and Daniel Romero, workers of the state-owned company SIDOR, have been detained since 11 June, accused of boycott and incitement to hatred. Together with 20 other workers, they have been prosecuted for exercising their right to strike.

Javier Tarazona, director of the organisation FundaRedes, completed his third year in detention this past third of July. He was accused of "treason", "terrorism" and "incitement to hatred".

Since last year, 19 people have been prosecuted under the "hate law". Since 2017, there has been a total of 83 victims of this "law".

Judicial harassment continues after release from prison. Criminal proceedings do not end; excessive and illegal precautionary measures sustain criminalisation.

Ana Belen Tovar has been prosecuted since 2019 for publishing information of public interest about a high-ranking official. Her hearing was postponed 11 times in 4 years, the process continues despite the lack of evidence.

Regulatory uncertainty over the media is pursposefully used as a control mechanism. This facilitated the closure of 81 radio stations in 2022 and of at least 5 so far this year, in addition to several programmes suspended due to government pressure. Power outages and digital media blockades remain in place.

We urge the Council to maintain its attention on Venezuela and we ask the High Commissioner what the Council should do to avoid further restrictions, which undermine guarantees for future electoral processes.

Thank you.

 Civic space in Venezuela is rated as "Repressed" by the CIVICUS Monitor

On June 8th, 2023 the Sudanese Ministry of transportation announced that all Sudanese nationals including women and children are required to obtain visas to cross to Egypt starting June 10th, 2023. The route to Egypt was the safest and most accessible pathway of evacuation for women and WHRDs. With the new visa requirements that ended visa waivers for women and children, the most accessible opportunity for safety for thousands of women and WHRDs is jeopardized^[1].

Statement at the 53rd Session of the UN Human Rights Council 

Interactive Dialogue with the Special Rapporteur on the human rights situation in Eritrea

Delivered by Helen Kidan

Thank you, Mr. President,

CIVICUS and the Eritrean Movement for Democracy and Human Rights appreciate the work of the Special Rapporteur and his latest report.

The state of civic space in Eritrea remains closed and a matter of grave concern, with no room for freedom of expression, especially for civil society, journalists and political opponents. Freedom of the press is non-existent, as independent and international media are not allowed to operate, with only state-controlled media outlets available. 16 journalists, including Dawit Isaak, have been disappeared for over 20 years, making them the longest detained journalists in the world. There is also no information regarding the G-15, former members of the government who have been detained since 2001.

Furthermore, the continued national service conscription violates the rights of citizens. Arbitrary detention continues to be used against thousands of real or perceived government critics and opponents without any access to due process rights, such as access to a lawyer.

We urgently call on the Eritrean government to cease forced recruitment and coercive practices, ensure an open civic space for civil society participation, political opposition, and freedom of expression and release all those arbitrarily detained. We further urge the government to engage constructively with the mandate of the Special Rapporteur and allow the visit requests by thematic special procedures.

We call on the Council to adopt a meaningful resolution renewing the crucial mandate of the Special Rapporteur and spelling out the severe human rights violations and abuses committed by the authorities at home and abroad.

We thank you.

Civic space in Eritrea is rated as closed by the CIVICUS Monitor

Statement at the 53^rd Session of the UN Human Rights Council 

Interactive Dialogue on the High Commissioner's report on Sudan

At #HRC53's interactive dialogue on 🇸🇩#Sudan, we:
-called on the government to cease hostilities & respect #humanrights
-urged neighboring countries to temporarily waive entry visa requirements & grant prima facie refugee status to those fleeing the violence. pic.twitter.com/cg9HiKWjPN

— CIVICUS (@CIVICUSalliance) June 20, 2023

Delivered by Sibahle Zuma

Thank you, Mr President,

CIVICUS and its partners in Sudan welcome the High Commissioner’s report and the support of the UN designated expert.

We are deeply concerned about the escalating violence in Sudan which has resulted in over 400 deaths, thousands of injuries, and the displacement of thousands of civilians.

Civic freedoms have also been on a steady decline. Since October 2021, at least 125 civilians have been killed in protests. Sudanese security forces have been reported to use firearms against protesting civilians. The authorities continue to arrest and arbitrarily detain civilians for participating in protests. Female protesters have also been subjected to rape and sexual violence by authorities.

Restrictions on the rights to freedom of expression, assembly and association continued, including through the application of the Cybercrimes Act. On 26 January 2023, a journalist from the Aljareeda newspaper was summoned by the court in Khartoum for publishing reports about corruption at the Ministry of Energy and Mining.

We call upon the Sudanese government to immediately cease hostilities and protect civilians, while restoring freedom of expression. Journalists must be able to carry out their work independently and without fear of reprisals. This is crucial to ensure accountability for the crimes committed by both the Sudanese Armed Forces and the Rapid Support Forces.

We further call on neighbouring countries, especially Egypt, Chad and Ethiopia, to temporarily waive entry visa requirements and recognise prima facie the refugee status to Sudanese people fleeing the country.

We thank you.

 Civic space in Sudan is rated as Repressed by the CIVICUS Monitor 

Statement at the 53rd Session of the UN Human Rights Council 

Enhanced Interactive Dialogue with the Working Group on discrimination against women and girls and the Special Rappoteur on Afghanistan

🇦🇫🇺🇳 The international community hasn't done enough to hold the #Taliban accountable for their rights abuses.#HRC53 must increase pressure on the Taliban to reverse harsh restrictions on women & girls and expedite discussions on robust international accountability mechanism. pic.twitter.com/OGawJxPWnN

— CIVICUS (@CIVICUSalliance) June 19, 2023

Delivered by Horia Mosadiq

Thank you Mr. President,

We express our grave concern over the Working Group and Special Rapporteur’s findings of extreme and institutionalised gender-based discrimination in Afghanistan which is unparalleled anywhere in the world. The Taliban ban on Afghan women working for the UN in the country is another blatant example of its concerted efforts to crush women’s rights and we are appalled by the lack of a coordinated response from UN agencies.

CIVICUS has continued to document how the Taliban through the General Directorate for Intelligence has continued to target women human rights defenders trying to organise and mobilise against their cruel gender policies. In recent months, a number have been detained including Parisa Mobarez, Nargis Sadat, Habiba Sharifi and Waheeda Mahrami. Those speaking up on the education rights of women and girls have also been targeted such as human rights defender Matiullah Wesa.

Peaceful protesters by women activists are routinely targeted by the Taliban with beatings and excessive force to disperse rallies and incommunicado detention. Many are denied access to legal representation or their families and tortured or ill-treated while in custody.

The international community has not done enough to hold the Taliban accountable for their abuses and discriminatory policies - especially member states of the Organisation of Islamic Countries (OIC) – and to ensure the inclusion of women activists in discussions about their future. We call on the Council to increase pressure on the Taliban to reverse their ban on women working especially for the UN and NGOs and expedite discussions toward a more robust international accountability mechanism.

We ask the Special Rapporteur, what should the Council do to adequately and promptly support women rights activists operating within the country?

We thank you.

 Civic space in Afghanistan is rated as closed by the CIVICUS Monitor 

As a global civil society alliance with a mandate to strengthen citizen action and civil society throughout the world, CIVICUS’ key priorities and recommendations ahead of the 53rd Session of the UN Human Rights Council relate to protecting fundamental freedoms and supporting civil society where they face grave risk.

To Permanent Representatives of Member and Observer States of the United Nations Human Rights Council (Geneva, Switzerland)

Excellencies,

Ahead of the UN Human Rights Council’s 53^rd session (19 June-14 July 2023), we, the undersigned non-governmental organisations, are writing to urge your delegation to support the development and adoption of a resolution that extends the mandate of the Special Rap­por­teur on the situation of hu­man rights in Eritrea for one year.

Additionally, we highlight the need for the Council to put forward a strong resolution that clearly spells out and condemns the ongoing human rights viola­tions committed by Eri­trean authorities at home and abroad and the context of complete impunity that prevails.

*    *     *

We believe that the Council cannot fol­low a “business as usual” approach and that it is time for it to move be­yond merely procedural reso­lutions that extend the Special Rappor­teur’s mandate. The Council should produce a substantive assess­ment of Eritrea’s hu­man rights situation, adopting strong, meaningful reso­lu­tions on the country. These resolutions should include references to the Special Rapporteur’s “bench­marks for progress”[1] and recommendations by other UN and African bodies and me­cha­nisms, as well as substantive paragraphs ad­dres­sing violations committed by the country’s autho­rities inside and outside the country.[2]

In this regard, this year’s resolution should at a minimum mention the following key human rights issues in Eritrea[3]:

• Arbi­trary arrests and detentions, including in­com­mu­ni­cado de­ten­­tion of journalists and other dis­senting voices, as well as prolonged detention of Djiboutian pri­soners of war;[4]
• Vio­lations of the rights to a fair trial, access to jus­tice, and due process;
• Enforced disappearances;[5]
• Conscription into the country’s abusive na­tional ser­vi­ce system,[6] including conscription for in­de­finite periods of national ser­­vi­ce, involving torture, sexual vio­len­ce against women and girls, and forced labour. Since Council resolution 50/2[7] was adopted, in July 2022, the Eritrean Govern­ment led an inten­sive forced conscription campaign during which it conducted waves of roundups to identify peo­ple it considers draft evaders or deserters, punishing family members of those seek­ing to avoid cons­cription or recall. Such punishment has included arbitrary detentions and home expulsions[8];
• Restrictions on the media and media workers, severe res­tric­tions on civic space, inc­lu­ding the rights to freedoms of opinion and expression, peaceful assembly, association, move­ment, and non-discrimination,[9] as well as severe restrictions to freedom of religion or belief[10];
• Widespread impunity for past and on­going human rights vio­la­tions; and
• The Government of Eritrea’s refusal to engage in a serious dialogue with the inter­national com­mu­­ni­ty, including by cooperating with the Council, despite its election for a second term as a Coun­cil Member (2022-2024). For decades, Eritrean authorities have blatantly denied commit­ting serious human rights violations, including in relation to the presence of Eritrean for­ces in Ethiopia’s Tigray region.[11]

Eri­trean forces have been credibly accused of grave violations of international law in Tig­ray, some of which may amount to war crimes and crimes against humanity, since the conflict started in November 2020. These violations, and the associated complete lack of accountability, deserve the Coun­cil’s atten­tion.

*     *     *

In July 2022, the Council took a modest step toward addressing substantive human rights issues in Eritrea. For the first time since 2018, it went beyond a one-page resolution extending the Special Rap­por­teur’s mandate. It did so by referring to the benchmarks for pro­gress Special Rap­porteurs identified, thereby outlining a path for human rights reforms. These benchmarks include streng­then­ing the rule of law, refor­ming the national military service, protecting fundamental freedoms, addressing pervasive sexual and gender-based violence, and strengthening cooperation with international and Afri­can human rights bo­dies.

Resolution 50/2 also extended the Special Rapporteur’s mandate for a year, which was the main purpose of Eritrea-focused resolutions adopted in 2019, 2020, and 2021.

Although it went further than these three resolutions, which were merely procedural and contained no sub­stantive assessment of Eritrea’s situation, resolution 50/2 failed to clearly describe and condemn hu­man rights violations Eritrean au­thorities are responsible for. It failed to reflect the situation in the coun­try in the way Council resolutions did prior to 2019, as well as the atrocities Eritrean forces have committed in Ethiopia’s Tigray region since armed conflict broke out, in November 2020. Yet violations Eritrean authorities commit at home and abroad are two sides of the same coin, and the total closure of the civic space enables these violations to continue with impunity.

Ahead of the Council’s 50^th session, over 40 civil society organisations urged the Council to maintain its scrutiny of Eritrea’s human rights situation and to strengthen its annual resolution with a view to bringing it in line with pre-2019 resolutions.[12] We welcome the inclusion, in resolution 50/2, of a call on the Gov­ern­ment of Eritrea to “[commit] to making progress on the recom­mendations included in [the Special Rapporteur’s] reports and on the benchmarks and asso­cia­ted indi­ca­tors proposed in 2019.” We stress, however, that resolutions on Eritrea should fully reflect the country’s human rights situation.

In 2016, the Commission of Inquiry on Eritrea[13] found that there are “reasonable grounds to believe” that crimes against humanity have been committed in the country since 1991 and that Eritrean officials have committed and continue to commit the crimes of enslavement, imprisonment, enforced disappearance, tor­­ture, other inhumane acts, persecution, rape, and murder. The international com­munity and the African Union have failed to ensure adequate follow-up for these findings. Since 2019, the Human Rights Council has conveyed the impression to victims, survivors, and their families that it has given up on the account­a­bility agenda.

Yet no Eritrean official has been held criminally accountable, and Eritrea’s human rights situation has not fundamentally changed. All the key issues identified in pre-2019 Council resolutions on the country and by independent experts and organisations remain valid. For ins­tance, in his 2022 report, the Special Rapporteur, Dr. Mohamed Abdelsalam Babiker, noted that “the vast majority of the recommendations made by human rights mechanisms […], as well as the recom­mendations from the country’s universal pe­riodic review in 2019, remain unimplemented.” He added that “the persistent human rights crisis in Eritrea deepened during the reporting period” and iden­tified several worrying trends.[14]

Similarly, in the statement delivered during the enhanced interactive dialogue on Eritrea held on 6 March 2023, the Deputy UN High Commissioner for Human Rights, Ms. Nada Al-Nashif, highlighted that “[t]he human rights situation in Eritrea remains dire and shows no sign of improvement. It continues to be cha­racterised by serious hu­man rights violations.”[15] She added: “It is alarming that all these human rights violations are committed in the context of complete impunity. Eritrea has not taken any de­mons­trable steps to ensure accountability for past and ongoing human rights violations.”

*     *     *

The Human Rights Council should allow the Special Rapporteur to pursue his work and the Office of the UN High Commissioner for Human Rights (OHCHR) to deepen its engagement with Eritrea.

At its 53^rd session, the Council should adopt a resolution:

• Extending the mandate of the Spe­cial Rap­porteur on Eritrea for a period of one year;
• Urging Eritrea to cooperate fully with the Spe­cial Rap­por­teur by granting him access to the country, in accordance with its obligations as a Council Member;
• Condemning the ongoing human rights viola­tions committed by Eri­trean authorities at home and abroad and the context of complete impunity that prevails;
• Welcoming the benchmarks for progress in improving the situ­a­tion of hu­man rights and associated indicators and recommendations, as well as recommendations formulated by other UN and African human rights bodies and mechanisms, and calling on Eri­trea to deve­lop an implementation plan to meet the benchmarks for pro­gress, in con­sul­tation with the Special Rapporteur and OHCHR; and
• Requesting the High Commissioner and the Special Rappor­teur to present updates on human rights concerns in Eritrea and on accountability options for serious violations at the Coun­cil’s 55^th session in an enhanced interactive dia­lo­gue that also includes the participation of civil so­ciety and requesting the Special Rap­porteur to present a comprehensive written report at the Council’s 56^th ses­sion and to the General Assembly at its 78^th

We thank you for your attention to these pressing issues and stand ready to provide your delegation with further information.

Sincerely,

1. Action by Christians for the Abolition of Torture in the Central African Republic (ACAT-RCA)
2. AfricanDefenders (Pan-African Human Rights Defenders Network)
3. The America Team for Displaced Eritreans
4. Amnesty International
5. Burkinabè Human Rights Defenders Coalition (CBDDH)
6. Burundian Human Rights Defenders Coalition (CBDDH)
7. Cabo Verdean Network of Human Rights Defenders (RECADDH)
8. CIVICUS
9. Coalition of Human Rights Defenders-Benin (CDDH-Bénin)
10. Coordination of Human Rights Organizations (CODDH) – Guinea
11. CSW (Christian Solidarity Worldwide)
12. DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
13. Eritrean Afar National Congress
14. Eritrea Focus
15. Eritrean Coordination for Human Rights
16. Eritrean Law Society
17. Geneva for Human Rights – Global Training (GHR)
18. Global Centre for the Responsibility to Protect (GCR2P)
19. Global Initiative to Empower Eritrea Grassroot Movement
20. The Horn of Africa Civil Society Forum (HoACSF)
21. Hawai’i Institute for Human Rights
22. Human Rights Concern - Eritrea (HRCE)
23. Human Rights Defenders Network – Sierra Leone
24. Human Rights Watch
25. Institut des Médias pour la Démocratie et les Droits de l’Homme (IM2DH) – Togo
26. International Service for Human Rights (ISHR)
27. Ivorian Human Rights Defenders Coalition (CIDDH)
28. Lawyers’ Rights Watch Canada
29. Libyan Human Rights Clinic (LHRC)
30. Network of NGOs for the Promotion and Defence of Human Rights (RONGDH) – Central African Republic
31. Nigerien Human Rights Defenders Network (RNDDH/NHRDN)
32. One Day Seyoum
33. Togolese Human Rights Defenders Coalition (CTDDH)
34. Vision Ethiopian Congress for Democracy (VECOD)
35. World Organisation Against Torture (OMCT)

[1] See Council resolution 38/15, available at: https://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/RES/38/15. See also reports of the Special Rapporteur to the Council, UN Docs. A/HRC/41/53, A/HRC/44/23, and A/HRC/47/21.

[2] See Annex for a review of elements contained in successive Council resolutions on Eritrea (2012-2022).

[3] See DefendDefenders et al., “The Human Rights Council should strengthen its action on Eritrea,” 20 May 2022, https://defenddefenders.org/the-human-rights-council-should-strengthen-its-action-on-eritrea/ (accessed on 12 April 2023), as well as previous civil society letters, namely DefendDefenders et al., “Eritrea: maintain Human Rights Council scrutiny and engagement,” 5 May 2020, https://defenddefenders.org/eritrea-maintain-human-rights-council-scrutiny-and-engagement/; DefendDefenders et al., “Eritrea: renew vital mandate of UN Special Rapporteur,” 10 May 2021, https://defenddefenders.org/eritrea-renew-vital-mandate-of-un-special-rapporteur/. See also CSW, “Eritrea: General Briefing,” 22 March 2022, https://www.csw.org.uk/2022/03/22/report/5629/article.htm (accessed on 11 April 2023).

[4] See for instance One Day Seyoum, “About Eritrea,” https://onedayseyoum.org/about-eritrea (accessed on 12 April 2023).

[5] See, among others, Amnesty International, “Eritrea: Ten years on, Ciham Ali’s ongoing enforced disappearance ‘a disgrace’,” 7 December 2022, https://www.amnesty.org/en/latest/news/2022/12/eritrea-ten-years-on-ciham-alis-ongoing-enforced-disappearance-a-disgrace/ (accessed on 11 April 2023).

[6] Human Rights Concern - Eritrea, “Eritrea Hunts Down its Young People for Enforced Military Service,” 6 September 2022, https://hrc-eritrea.org/eritrea-hunts-down-its-young-people-for-enforced-military-service/ (accessed on 11 April 2023). See also Human Rights Watch, “Eritrea: Crackdown on Draft Evaders’ Families,” 9 February 2023, https://www.hrw.org/news/2023/02/09/eritrea-crackdown-draft-evaders-families (accessed on 12 April 2023).

[7] Available at: https://www.ohchr.org/en/hr-bodies/hrc/regular-sessions/session50/res-dec-stat

[8] Human Rights Watch, “Eritrea: Crackdown on Draft Evaders’ Families,” op. cit.

[9] CIVICUS, Civic Space Monitor, “Eritrea,” https://monitor.civicus.org/country/eritrea/

[10] CSW – FoRB in Full blog, “Let Us Honour The Memory of Patriarch Antonios By Bringing an End to the Violations of the Eritrean Regime,” 9 February 2023, https://forbinfull.org/category/sub-saharan-africa/eritrea/; CSW, “Eritrean Church Leader Denied Burial Site in His Hometown,” 21 April 2023, https://www.csw.org.uk/2023/04/21/press/5988/article.htm; “HRC52: Oral statement on the situation of human rights in Eritrea,” 6 March 2023, https://www.csw.org.uk/2023/03/06/report/5948/article.htm (all accessed on 24 April 2023).

[11] Despite its obli­ga­tions as a Council Member to “uphold the highest standards in the promotion and pro­tection of human rights” and to “fully cooperate with the Council,” the Government refuses to co­ope­rate with the Special Rapporteur or other special procedure mandate holders. As of 2023, Eritrea remains among the very few countries that have never received any visit by a special procedure (see https://spinternet.ohchr.org/ViewCountryVisits.aspx?visitType=all&Lang=en).

On 9 February 2023, President Afwerki said that his country’s forces “never committed any human rights violations or interfered in the war” in Tigray and referred to allegations of crimes under international law, which have been credibly documented, as a “disinformation campaign” (Anadolu, “Eritrean leader denies rights violations by his forces in Ethiopian war,” 10 February 2023, https://www.aa.com.tr/en/africa/eritrean-leader-denies-rights-violations-by-his-forces-in-ethiopian-war/2814756 (accessed on 27 April 2023)).

[12] See footnote 3 above.

[13] See https://www.ohchr.org/en/hr-bodies/hrc/co-i-eritrea/commissioninquiryonhrin-eritrea (accessed on 12 April 2023).

[14] A/HRC/50/20, available at https://www.ohchr.org/en/hr-bodies/hrc/regular-sessions/session50/list-reports. See in particular paras. 75-76. These trends include the increased militarization of the country and the continued inde­finite conscription; the country’s continued involvement in human rights and humanitarian law violations in the context of the conflict in Ethiopia, as well as the increase in round-ups (giffas), recruitment of child soldiers, and kidnapping and forced conscription of Eritrean refugees to fight in the conflict; the continued closure of civic space, which remains “hermetically shut,” with no possibility for Eritreans to express dis­sent or participate in decision-making, the prolonged and arbitrary detention of hundreds of Eritreans for their real or perceived opposition to the Government; the increased pressure being placed on religious groups and on diaspora communities; and an increase in ethnic and political tensions in the diaspora as a result of the rifts opened by the war in Tigray.

[15] She further highlighted: “Our Office continues to receive credible reports of torture; arbitrary detention; in­hu­mane conditions of detention; enforced disappearances; restrictions of the rights to freedoms of ex­pres­sion, of association, and of peaceful assembly. Thousands of political prisoners and prisoners of con­s­cience have, reportedly, been behind bars for decades. Furthermore, the harassment and arbitrary deten­tion of people because of their faith continues unabated with estimated hundreds of religious leaders and followers affected.”

TO PERMANENT REPRESENTATIVES OF MEMBER AND OBSERVER STATES OF THE UNITED NATIONS (UN) HUMAN RIGHTS COUNCIL (GENEVA, SWITZERLAND)

Excellencies, In light of the unfolding human rights crisis in Sudan, and notwithstanding efforts to stop the fighting by the African Union (AU), the Intergovernmental Authority on Development (IGAD) and other regional and international actors, we, the undersigned non-governmental organisations, are writing to urge your delegation to address the human rights dimensions of the crisis by supporting the convening of a special session of the UN Human Rights Council.

In line with the Council’s mandate to prevent violations and to respond promptly to human rights emergencies, States have a responsibility to act by convening a special session and establishing an investigative and accountability mechanism addressing all alleged human rights violations and abuses in Sudan.

We urge your delegation to support the adoption of a resolution that requests the UN High Commissioner for Human Rights to urgently organize an independent mechanism to investigate human rights violations and advance accountability in Sudan, whose work would complement the work of the designated Expert on Sudan.

* * *

On 15 April 2023, explosions and gunfire were heard as violence erupted in Khartoum and other Sudanese cities between the Sudanese Armed Forces (SAF) led by Sudan’s current head of state as Chairperson of the Sovereign Council (SC), General Abdel-Fattah al-Burhan, and a paramilitary group, the Rapid Support Forces (RSF), led by General Mohamed Hamdan Dagalo (also known as “Hemedti”).

As of 25 April 2023, at midnight, a 72-hour ceasefire has been announced. The death toll, however, is estimated at over 400 civilians, with thousands injured. Actual figures are likely to be much higher as most of Khartoum’s hospitals have been forced to close and civilians injured during the crossfire cannot be rescued. Millions of residents are trapped in their homes, running out of water, food and medical supplies as electricity is cut and violence is raging in the streets of Khartoum. Banks have been closed and mobile money services severely restricted, which limits access to cash, including salary and remittances. Diplomats and humanitarians have been attacked. The fighting has spread to other cities and regions, including Darfur, threatening to escalate into full-blown conflict.

In a Communiqué, the AU Peace and Security Council noted “with grave concern and alarm the deadly clashes […], which have reached a dangerous level and could escalate into a full-blown conflict,” “strongly condemned the ongoing armed confrontation” and called for “an immediate ceasefire by the two parties without conditions, in the supreme interest of Sudan and its people in order to avoid further bloodshed and harm to […] civilians.”

* * *

In light of these developments, we urge your delegation to support the adoption, during a special session on the unfolding human rights crisis in Sudan, of a resolution that, among other actions:

• • • Requests the United Nations High Commissioner for Human Rights to urgently organize on the most expeditious basis possible an independent investigative mechanism, comprising three existing international and regional human rights experts, for a period of one year, renewable as necessary, and complementing, consolidating and building upon the work of the designated Expert on Human Rights in the Sudan and the country office of the United Nations High Commissioner for Human Rights, with the following mandate:
      • To undertake a thorough investigation into alleged violations and abuses of international human rights law and violations of international humanitarian law and related crimes committed by all parties in Sudan since 25 October 2021, including on their possible gender dimensions, their extent, and whether they may constitute international crimes, with a view to preventing a further deterioration of the human rights situation;
      • To establish the facts, circumstances and root causes of any such violations and abuses, to collect, consolidate, analyze and preserve documentation and evidence, and to identify, where possible, those individuals and entities responsible;
      • To make such information accessible and usable in support of ongoing and future accountability efforts, and to formulate recommendations on steps to be taken to guarantee that the authors of these violations and abuses are held accountable for their acts and to end the cycle of impunity in Sudan;
      • To provide guidance on justice, including criminal accountability, reparations, and guarantees of non-recurrence;
      • To integrate a gender perspective and a survivor-centred approach throughout its work;
      • To engage with Sudanese parties and all other stakeholders, in particular United Nations agencies, civil society, refugees, the designated Expert on Human Rights in the Sudan, the field presence of the Office of the High Commissioner in Sudan, African Union bodies and the Intergovernmental Authority on Development, in order to provide the support and expertise for the immediate improvement of the situation of human rights and the fight against impunity; and
      • To ensure the complementarity and coordination of this effort with other efforts of the United Nations, the African Union and other appropriate regional and international entities, drawing on the expertise of, inter alia, the African Union and the African Commission on Human and Peoples’ Rights to the extent practicable;
    • Decides to enhance the interactive dialogue on the situation of human rights in the Sudan, called for by the Human Rights Council in its resolution 50/1, at its 53rd session so as to include the participation of other stakeholders, in particular representatives of the African Union, the African Commission on Human and Peoples’ Rights, and civil society;
    • Requests the independent investigative mechanism to present an oral briefing to the Human Rights Council at its 54th and 55th sessions, and a comprehensive written report at its 56th session, and to present its report to the General Assembly and other relevant international bodies; and
    • Requests the Secretary-General to provide all the resources and expertise necessary to enable the Office of the High Commissioner to provide such administrative, technical and logistical support as is required to implement the provisions of the present resolution, in particular in the areas of fact-finding, legal analysis and evidence-collection, including regarding sexual and gender-based violence and specialized ballistic and forensic expertise.

We thank you for your attention to these pressing issues and stand ready to provide your delegation with further information as required.

Sincerely,

First signatories (as of 26 April 2023):

1. Act for Sudan
2. Action by Christians for the Abolition of Torture in the Central African Republic (ACAT-RCA)
3. African Centre for Democracy and Human Rights Studies (ACDHRS)
4. African Centre for Justice and Peace Studies (ACJPS)
5. AfricanDefenders (Pan-African Human Rights Defenders Network)
6. Algerian Human Rights Network (Réseau Algérien des Droits de l’Homme)
7. Amnesty International
8. Angolan Human Rights Defenders Coalition
9. Asian Forum for Human Rights and Development (FORUM-ASIA)
10. Atrocities Watch Africa (AWA)
11. Beam Reports – Sudan
12. Belarusian Helsinki Committee
13. Burkinabè Human Rights Defenders Coalition (CBDDH)
14. Burundian Coalition of Human Rights Defenders (CBDDH)
15. Cabo Verdean Network of Human Rights Defenders (RECADDH)
16. Cairo Institute for Human Rights Studies (CIHRS)
17. Cameroon Women’s Peace Movement (CAWOPEM)
18. Central African Network of Human Rights Defenders (REDHAC)
19. Centre for Democracy and Development (CDD) – Mozambique
20. Centre de Formation et de Documentation sur les Droits de l’Homme (CDFDH) – Togo
21. CIVICUS
22. Coalition of Human Rights Defenders-Benin (CDDH-Bénin)
23. Collectif Urgence Darfour
24. CSW (Christian Solidarity Worldwide)
25. DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
26. EEPA – Europe External Programme with Africa
27. Ethiopian Human Rights Defenders Center (EHRDC)
28. FIDH (International Federation for Human Rights)
29. Forum pour le Renforcement de la Société Civile (FORSC) – Burundi
30. Gender Centre for Empowering Development (GenCED) – Ghana
31. Gisa Group – Sudan
32. Global Centre for the Responsibility to Protect
33. Horn of Africa Civil Society Forum (HoA Forum)
34. Human Rights Defenders Coalition Malawi
35. Human Rights Defenders Network – Sierra Leone
36. Human Rights House Foundation
37. Institut des Médias pour la Démocratie et les Droits de l’Homme (IM2DH) – Togo
38. International Bar Association’s Human Rights Institute (IBAHRI)
39. International Commission of Jurists
40. International Refugee Rights Initiative (IRRI)
41. International Service for Human Rights
42. Ivorian Human Rights Defenders Coalition (CIDDH)
43. Jews Against Genocide
44. Journalists for Human Rights (JHR) – Sudan
45. Justice Africa Sudan
46. Justice Center for Advocacy and Legal Consultations – Sudan
47. Libyan Human Rights Clinic (LHRC)
48. Malian Coalition of Human Rights Defenders (COMADDH)
49. MENA Rights Group
50. Mozambique Human Rights Defenders Network (MozambiqueDefenders – RMDDH)
51. NANHRI – Network of African National Human Rights Institutions
52. National Coalition of Human Rights Defenders – Kenya
53. National Coalition of Human Rights Defenders – Somalia
54. National Coalition of Human Rights Defenders-Uganda (NCHRD-U)
55. Network of Human Rights Journalists (NHRJ) – The Gambia
56. Network of the Independent Commission for Human Rights in North Africa (CIDH Africa)
57. Never Again Coalition
58. Nigerien Human Rights Defenders Network (RNDDH)
59. Pathways for Women’s Empowerment and Development (PaWED) – Cameroon
60. PAX Netherlands
61. PEN Belarus
62. Physicians for Human Rights
63. POS Foundation – Ghana
64. Project Expedite Justice
65. Protection International Africa
66. REDRESS
67. Regional Centre for Training and Development of Civil Society (RCDCS) – Sudan
68. Réseau des Citoyens Probes (RCP) – Burundi
69. Rights Georgia
70. Rights for Peace
71. Rights Realization Centre (RRC) – United Kingdom
72. Salam for Democracy and Human Rights
73. Society for Threatened Peoples
74. Southern Africa Human Rights Defenders Network (Southern Defenders)
75. South Sudan Human Rights Defenders Network (SSHRDN)
76. Sudanese American Medical Association (SAMA)
77. Sudanese American Public Affairs Association (SAPAA)
78. Sudanese Women Rights Action
79. Sudan Human Rights Hub
80. Sudan NextGen Organization (SNG)
81. Sudan Social Development Organisation
82. Sudan Unlimited
83. SUDO UK
84. Tanzania Human Rights Defenders Coalition (THRDC)
85. The Institute for Social Accountability (TISA)
86. Togolese Human Rights Defenders Coalition (CTDDH)
87. Tunisian League for Human Rights (LTDH)
88. Waging Peace
89. World Council of Churches
90. World Organisation Against Torture (OMCT)
91. Zimbabwe Lawyers for Human Rights

ANNEX: KEY HUMAN RIGHTS ISSUES IN SUDAN, PRE-15 APRIL 2023

Sudan’s human rights situation has been of utmost concern for decades. In successive letters to Permanent Missions to the UN Human Rights Council, Sudanese and international civil society groups highlighted outstanding human rights concerns dating back to the pre-2019 era, including near-complete impunity for grave human rights violations and abuses, some of which amounting to crimes under international law.

Civil society organisations also attempted to draw attention to post-2019 human rights issues, including the brutal crackdown on peaceful protesters during and after the 2018-2019 popular protests and after the military coup of 25 October 2021. They repeatedly called for ongoing multilateral action, stressing that as the UN’s top human rights body, the Council had a responsibility to ensure scrutiny of Sudan’s human rights situation and to support the Sudanese people’s demands for freedom, justice, and peace.

During a special session held on 5 November 2021, the Council adopted a resolution requesting the High Commissioner to designate an Expert on Human Rights in the Sudan. As per resolution S-32/1, which was adopted by consensus, the Expert’s mandate will be ongoing “until the restoration of [Sudan’s] civilian-led Government.” As per Council resolution 50/1, also adopted by consensus, in July 2022, the Council requested the presentation of written reports and the holding of additional debates on Sudan’s human rights situation.

The violence that erupted on 15 April 2023, which resulted from persisting disagreements regarding security and military reforms and unaddressed issues of accountability of security forces and lack of security sector reform, came against a backdrop of severe restrictions on human rights and fundamental freedoms.

Observers’ and civil society actors’ fears of a deterioration of the situation, immediately prior to 15 April 2023, including in the form of an intensified crackdown on peaceful protesters in Khartoum and violence in the capital and in the conflict areas of Darfur, Blue Nile, and South Kordofan, as well as in Eastern Sudan, were well founded. These fears were made credible by the history of violence and abuse that characterises Sudan’s armed and security forces, including the SAF, the RSF, and the General Intelligence Service (GIS) (the new name of the infamous National Intelligence and Security Service (NISS)).

Since the 25 October 2021 coup, de facto authorities systematically used excessive and sometimes lethal force, as well as arbitrary detention to crack down on public assemblies. The situation was particularly dire for women and girls, who face discriminatory laws, policies, and practices, as well as sexual and gender-based violence, including rape and the threat of rape in relation to protests and conflict-related sexual violence in Sudan’s conflict areas.

National investigative bodies, such as the committee set up to investigate the 3 June 2019 massacre in Khartoum, had failed to publish any findings or identify any perpetrators.

The situation in Darfur, 20 years after armed conflict broke out between the Sudanese government and rebel groups, remained particularly concerning. Intercommunal and localised violence in Darfur, South Kordofan, and Blue Nile had escalated since October 2021, resulting in civilian casualties, destruction of property and human rights violations. Emergency laws and regulations remained in place, stifling the work of independent actors. In Blue Nile State, fighting had increased in scope and expanded to new areas.

Cruel, inhuman and degrading punishments that were common in the Al-Bashir regime were still being handed out by the courts of laws. Throughout the country, the Humanitarian Aid Commission (HAC) continued to unduly restrict the operations of civil society organisations, including through burdensome registration and re-registration requirements, restrictions to movement, and surveillance.

These added to long-standing, unaddressed human rights issues UN actors, experts, and independent human rights organisations identified during the three decades of the Al-Bashir regime. Among these issues, impunity for grave human rights violations and abuses remains near-complete.

As of early April 2023, the country was in a phase of political dialogue. On 5 December 2022, the Sudanese military and civilian representatives, including the Forces for Freedom and Change (FFC), which played a key role in the 2018-2019 revolution, signed a preliminary agreement, known as the Political Framework Agreement. The agreement was supposed to be a first step in paving the way for a comprehensive agreement on the transition, which was supposed to be led by civilians and lead to the holding of elections at the end of a two-year period. The agreement, however, excluded key issues such as justice and accountability. Strong disagreements persisted regarding key security and military reforms. Influential actors, including major political parties and the resistance committees, rejected the deal altogether.

The political stalemate and mounting tensions also threatened the implementation of the Juba Peace Agreement, signed on 3 October 2020 between the then Transitional Government and parties to the peace process, including armed groups that were involved in the conflicts that have affected several of Sudan’s regional States in the last three decades.

The United Nations Human Rights Council's Universal Periodic Review is a unique process which involves a review of the human rights records of all 193 UN Member States once every 4.5 years.

CIVICUS and its partners have submitted UN Universal Periodic Review (UPR) submissions on four countries in advance of the 44^th UPR session in October-November 2023. The submissions examine the state of civil society in each country, including the promotion and protection of the rights to freedom of association, assembly and expression and the environment for human rights defenders. We further provide an assessment of the States’ domestic implementation of civic space recommendations received during the 3^rd UPR cycle over 4 years ago and provide a number of targeted follow-up recommendations.

Bangladesh– The submission by CIVICUS and the Asia Legal Resource Centre (ALRC) highlights concerns over the increasing harassment of critical human rights groups as well as the criminalisation and harassment of and threats and attacks on HRDs, journalists and critics, with impunity. The report also documents alarming restrictions on press freedom, the systematic use of the Digital Security Act to silence dissent and unwarranted restrictions and use of excessive force to crush protests.

Colombia ­– In this submission, CIVICUS and Temblores ONG examine the situation of civic space in Colombia, underscoring the extreme violence that the country’s HRDs, social leaders and journalists face. The research shows that the implementation of various protection mechanisms has been ineffective and uncoordinated. In the submission, the organisations also highlight the repeated use of disproportionate force against protesters, showing a pattern of violations affecting the right to freedom of peaceful assembly.

Cuba – CIVICUS, the Latin American and Caribbean Network for Democracy (REDLAD) and Gobierno y Análisis Político AC (GAPAC) detail the government persistent failure to address unwarranted restrictions on civic space, both in law and in practice. The report highlights constitutional and legal obstacles to the exercise of the basic freedoms of association, peaceful assembly and expression in Cuba. It further reports cases of harassment and persecution faced by CSOs and activists, including arbitrary arrests and searches of their homes and offices, and of persistent censorship.

Djibouti – This submission by CIVICUS and the East and Horn of Africa Human Rights Defenders Project (DefendDefenders) highlights concerns about Djibouti’s onslaught on freedom of expression and media freedom through its enactment of stifling laws that silence critical opinions. It further sheds a light on the targeting of HRDs and political opposition through intimidation, stifling laws and judicial harassment.

Civic space in Bangladesh and Colombia is rated as Repressed, whereas Cuba and Djibouti’s is rated as Closed by the CIVICUS Monitor.

The 52^nd session of the Human Rights Council was held over almost six weeks of debates, negotiations and events, drawing to a close on 4 April 2023 with 43 resolutions adopted by its 47 member states on a range of country situations and thematic issues. The civic space angle was central in all the country-specific resolutions addressing severe human rights crises, including Belarus, Iran, Myanmar, Nicaragua and South Sudan. The Council then renewed, among others, the critical mandates of the Special Rapporteur on the situation of human rights defenders, on freedom of expression and on torture.

Civil society across the world made sustained calls upon the Council to step up to its mandate and address these crises, as well as to use its preventative mandate to avert escalation of human rights crises not on the agenda of the Council.

Read the joint NGO statement of key takeaways from the session here.

KEY OUTCOMES

Belarus

CIVICUS welcomes the resolution on the situation of human rights in Belarus in the run-up to the 2020 presidential election and in its aftermath. The resolution renews the Office of the High Commissioner for Human Rights (OHCHR) examination mandate for a period of one year. The text of the resolution echoes our concerns over increasing restrictions of civic space and repression, harassment and detention of civil society activists. As clearly stated by the High Commissioner in his report, the human rights situation in the country is dire. We, therefore, regret that that the call of Belarusian and international organisations to establish an independent investigative mechanism went unheeded.

Iran

CIVICUS welcomes the adoption of the resolution on the human rights situation in Iran renewing the mandate of the Special Rapporteur. We also appreciate the willingness of the core group to move from a mere procedural resolution to a more substantial one, which addresses some of the key concerns, including violations committed in the context of the repression of recent protests, violations of women and girls’ rights, illegal use of the death penalty and widespread impunity. The adopted text further express concern over the ‘widespread, repeated and persistent’ violations and urges Iranian authorities to address them.

Myanmar

The crucial mandate of the Special Rapporteur on the situation of human rights in Myanmar was renewed by consensus for a further period of one year. This reaffirms the Council’s unified voice in condemning the grave human rights violations and the impunity thereof -, committed by the junta. We welcome the very substantial text addressing the continuous attempts by the junta to restrict civic space and the inclusion of a reference to the new Organization Registration Law, which represents a further threat to the exercise of right to freedom of association. We however regret to see that our suggestion to denounce the misuse of counter-terrorism legislation to target pro-democracy activists was not included in the text of the resolution.

Nicaragua

We welcome the two-year renewal of the mandate of the Group of Human Rights Experts (GHRE) on Nicaragua. It represents an important victory for Nicaraguan and international civil society organisations which have long been advocating for its renewal. The strengthened resolution reflects the worsening human rights situation in the country, with crimes against humanity further worsened by the government complete lack of cooperation with the UN system.

South Sudan

CIVICUS welcomes the adoption of a new resolution on South Sudan extending for one year the mandate of the Commission on Human Rights (CHRSS). The Commission is the only mechanism tasked with collecting and preserving evidence of violations with a view to ensuring accountability and addressing human rights issues. Its work remains vital as the conditions that prompted the Human Rights Council to establish the Commission have not significantly changed to warrant less scrutiny. We feel however that a two-year renewal would have allowed the CHRSS to comprehensively report on the election and transition process.

Human Rights Defenders

CIVICUS welcomes the renewal by consensus of the mandate of the Special Rapporteur (SR) on the situation of Human Rights Defenders for a further period of three years. In the year of the 25^th anniversary of the UN Declaration on Human Rights Defenders, the SR, whose mandate includes study trends, developments and challenges on the right to promote and protect human rights as well as seek, receive, examine and respond to information on the situation of human rights defenders, is now more important than ever. By renewing the mandate of the SR, UN Human Rights Council’s member States reinstated the right to defend human rights and the right to be defended while doing so.

STATEMENTS

CIVICUS and several of our members used statements at the Human Rights Council to raise a variety of civic space related issues and priorities:

Sudan: Increasing violence require the Council’s attention

Despite the signing of the tripartite framework agreement, the human rights situation continues to deteriorate. The State has imposed excessively restrictive measures which have hampered access to humanitarian and life-saving assistance for people in conflict-affected areas, authorities have resorted to excessive force against protesters, and sexual and gender-based violence is increasingly used as weapons to intimidate pro-democracy activists. We called on the government to immediately put an end to the violence against women human rights defenders, women’s rights groups and women protesters.

Eritrea: A real challenge to the UN system and the international community

Eritrea’s continued failure to cooperate with UN human rights bodies and experts calls the credibility and integrity of the entire UN human rights system into question. We expressed our concern over reports of unlawful and arbitrary killings, forced disappearances, torture and arbitrary detentions, indefinite military service, lack of freedom of expression, opinion, association, religious belief, and movement. We hence asked what the Council should do to ensure steps are taken towards meeting the five benchmarks for progress developed by UN the Special Rapporteur.

Nicaragua: The Council must renew the mandate of the Group of Human Rights Experts

While welcoming the release of 222 political prisoners, we expressed our alarm for the the decision to banish and strip them and 95 other government critics, journalists, and human rights defenders of Nicaraguan citizenship, and to confiscate their assets. In light of the appalling human rights violations, impunity, and of lack of cooperation, we urged the Council to renew the mandate of the Group of Expert for two years and extend OHCHR mandate.

Myanmar: The junta’s efforts to erase religious minorities must be stopped

The illegal coup emboldened the junta to further persecute, marginalise and incite violence against religious minorities. Members of the six religious minorities in the country have seen their citizenship denied and have been often victims of divisive hate speech, arbitrary arrest, detention, torture, and killings. The UN and the international community have not done enough. We urged the Council to play a more assertive role and ensure accountability for serious human rights, to cut revenue streams to the junta and to support Rohingya and other minorities in Myanmar and those fleeing to neighbouring countries.

Afghanistan: The Council must expedite discussions towards a more robust international accountability mechanism

We expressed our grave concern over the ongoing discriminatory and regressive treatment against women and girls as well as the targeting of human rights defenders and civil society in the country. The international community has not done enough to hold the Taliban accountable for their abuses and discriminatory policies and it needs to act now to avert a further escalation of the crisis. We called on the Council to publicly call out the Taliban for the ongoing human rights violations and expedite discussions toward a more robust international accountability mechanism.

South Sudan: The Commission’s mandate remains crucial as the civil and political space continues to deteriorate

Freedoms of assembly, association and expression are under severe threat. In the past year, South Sudanese authorities have continued, with impunity, to repress and harass peaceful protesters and civil society actors. Many are subjected to arbitrary arrests, detentions and extrajudicial killings. In light of the ongoing restrictions on civic space in the country, we called on the Council to extend the mandate of the Commission for a further period of two years to ensure continued scrutiny on the human rights situation in the country and to enable it to comprehensively report on the election and transition process.

Guatemala: The international community must play an assertive role in protecting Guatemalans’ civic freedoms

Anti-corruption prosecutors, judges and journalists are criminalised by the authorities and face spurious criminal charges. Civil society groups are subjected to a climate of increasing hostility, harassment, and persecution, with a sharp increase of attacks in the last three years. Ahead of the June 2023 elections, we asked the international community to play an assertive role in protecting Guatemalans’ civic freedoms by monitoring the pre-electoral period and electoral process.

Myanmar: Civic Space is under assault – meaningful and robust resolution needed

We expressed our concern about the state of civic space in Myanmar, two years on from the unconstitutional coup. Human rights defenders and activists have continued to be prosecuted by the junta on fabricated charges and convicted in sham trials by secret military tribunals and given harsh sentences including the death penalty. We hence called on the Council to support a meaningful and robust resolution reflecting these serious concerns and renewing the critical mandate of the Special Rapporteur.

Ethiopia: International scrutiny must continue to ensure peace and stability in the country

Over the past two years, Ethiopia’s human rights situation has been marred by extrajudicial killings, rape and sexual violence, unlawful shelling, airstrikes and pillage. We called on the government to respect the right to freedom of expression and to cease all forms of intimidation and harassment of activists, journalists and other media actors. We then urged the UN Human Rights Council and the Commission of Experts to continue scrutinising the situation in Ethiopia to ensure peace and stability in the country.

Venezuela: Lack of guarantees for fundamental freedoms require the Council to continue scrutiny

We stressed how in Venezuela there are no guarantees for freedom of expression, peaceful protest and the right to association and how violations of civil liberties affect demands for economic and social rights. We therefore urged the Council to maintain its attention on Venezuela and we asked the High Commissioner what the Council can do to consolidate OHCHR presence in the country, to support the work of the Fact-Finding Mission and any initiative that avoids further restrictions to civic space in the country.

Prevention should be at the core of the Council’s approach to human rights crises

We once again stated that the Council should play a more assertive role in preventing rather than reacting to human rights crises, and the rapid deterioration of civic space is the first early warning sign on which the Council should act. For this reason, we raised country-specific situations which are not on the agenda of the Council yet, but should require its attention: India, Zimbabwe and Peru. We called on the Council to address these worsening situations and prevent further deterioration. 

Read the full statements here

ADOPTION OF UNIVERSAL PERIODIC REVIEWS OUTCOMES

The Universal Periodic Reviews outcomes of 14 countries were adopted, with governments accepting a number of recommendations relating to civic space. CIVICUS and its partners delivered statements on Algeria, Brazil, Ecuador, India, Indonesia, Philippines, Poland, South Africa and Tunisia. We stand ready to monitor and support their implementation.

Algeria: Activists continue to be arrested for exercising their fundamental rights

We are concerned about the ongoing restrictions on civic space, as nearly 300 activists are still in prison for exercising their right to expression and assembly, association and expression. We called on the Algerian government to implement UPR recommendations, especialy those pertaining to restrictive laws, violations of the rights to peaceful assembly, association and expression and the detention of human rights defenders, activists and peaceful protesters.

Brazil: It’s time to rebuild a stronger democracy and a more open civic space

We reiterated our reproval of the official use of legal and extralegal instruments to intimidate, criminalize, and silence community leaders, journalists, and human rights defenders, as well as of the use of excessive force by police officers. We stressed the need for the new administration to conduct human rights training programs for police officers and reinforce State capacities for investigation and accountability for human rights violations committed by state agents.

Ecuador: Despite commitments, criminalisation and violence continue with impunity

While Ecuador committed to establishing protection mechanisms to ensure the safety of human rights defenders, journalists, and activists, efforts in this regard have stalled while judicial harassment, criminalisation and violence continue to take place with impunity. We asked the government to investigate all instances of excessive force in the context of protests, review and updating existing human rights training for police and security forces and implement comprehensive policies and mechanisms to protect civil society organisations, human rights defenders and journalists.

India: No commitment to review draconian laws

We expressed our disappointment to see that the government did not accept the many recommendations relating to restrictive laws and the arbitrary detention of human rights defenders. We reiterated our call to review all restrictive laws especially the Unlawful Activities Prevention Act (UAPA) and oreign Contributions Restrictions Act (FCRA), to immediately release all HRDs and drop all charges against them and to review and amend existing laws in order to guarantee fully the right to the freedom of peaceful assembly and investigate all violations in the context of protests.

Indonesia: Restrictive laws used to target activists, journalists and government critics

It is extremely worrying that in recent years restrictive laws have been systematically used to arrest, prosecute and punish activists, journalists, and government critics. We called upon the government to drop all charges against activists for doing their human rights work, review and repeal existing restrictive laws, including the EIT Law Societal Organizations Law and the new criminal code, conduct thorough investigations of all incidents involving violence by the security forces against protesters.

Philippines: Persecution and criminalisation of defenders, activists and journalists continues

We called on the government to stop the persecution of defenders, journalists and dissenters, and to enact the Human Rights Defenders Protection Bill, while reiterating our view that the laws on terrorism and libel violate the right to due process, free expression, press freedom and freedom of association, among other constitutional rights. We then renewed our call to the Council for an independent investigation into the cases of extrajudicial killings and other grave rights violations in the Philippines.

Poland: complete failure in implementing civic space recommendations

We expressed our concern over the dismantling of judicial independence, the rule of law and media freedom, which has been used as a tool to violate civic freedoms. Women human rights defenders advocating for reproductive justice are facing judicial harassment and intimidation. We therefore asked to ensure that government officials and non-state actors perpetrating intimidation and harassment against HRDs defenders are effectively investigated, refrain from further persecuting independent judges and drop all SLAPPs against journalists and media outlets.

South Africa: Threats and attacks against civil society actors continue

Despite some improvements, threats, intimidation and attacks against HRDs, and the impunity thereof, remain a grave concern. The continued use of excessive force and arbitrary arrests by security forces in response to protests is another cause for concern. We therefore asked the government to develop a legislative framework to protect HRDs, take urgent measures to establish a commission of inquiry into the killings, and bring the Non-profit Organisation Amendment Bill in line with standards on freedom of association.

Tunisia: Adoption of UPR outcome in the context of increased civic space restrictions

In the context of a deep political and economic crisis, President Saïed has issued a number of decrees to consolidate power and weaken the independence of the judiciary and the rule of law. Amidst this, space for civil society is increasingly being restricted in Tunisia. We called on the government to take concrete steps to address these concerns, including by withdrawing restrictive legislation that restricts freedom of expression and association.

EVENTS

Human Rights in the Philippines

Ahead of the Philippines’ UPR outcome adoption at the 52nd session of the Human Rights Council, Filipino human rights defenders and the Special Rapporteur on the situation of human rights defenders reflected on the state of civic and democratic space less than a year into the Marcos Jr administration, on the prospective narrative and responses during the upcoming adoption of UPR outcomes and on what lies ahead on issues of justice, accountability and protection of human rights. The panelists then discussed the role of the international community and, in particular, of the Human Rights Council and of the UN Joint Programme in ensuring accountability and access to justice for victims. Watch the recording here.

Statement at the 52nd Sesssion of the UN Human Rights Council 

Thank you President. This is a joint statement.^[1]

That this Council has chosen to blatantly ignore the findings of the Fact Finding Mission (FFM) on Libya and end its mandate at a time when crimes against humanity are being perpetrated, with no sign of abating, is shocking. That it is set to replace it with a capacity-building resolution, with no ongoing monitoring and investigative component, is shameful. It sends a to message to abusive militias and armed groups that they can continue to perpetrate crimes under international law without fear of consequences. These crimes include arbitrary detention, murder, rape, enslavement, sexual enslavement, extrajudicial killing and enforced disappearance in detentions, and increasingly, repressive measures against civic groups. David Yambio, a refugee in Libya who was forcibly conscripted by the RADA militias, and sent to war fronts, asked UN Member States in his statement before the Council, if the mandate of the FFM on Libya is discontinued who will document the violations in Libya, including against migrants, and how will the victims find justice and accountability. Instead of appeasing unaccountable warlords and officials, the Council should let victims of violations in Libya and their loved ones know that they matter, and that committing a crime comes at a cost because no one is above the law. As a matter of priority, as per the FFM’s recommendations, the Council should establish an independent international investigative mechanism and an OHCHR established autonomous mechanism to monitor and report on gross human rights violations.

We are deeply concerned by the push to undermine language on gender based discrimination and violence evidenced by the amendments tabled to replace gender with sex, or gender responsive with gender sensitive, across resolutions. This is a continuation of the trend at HRC sessions to deliberately use disinformation to attack gender equality and measures to address gender based discrimination. We remind States of their obligation to prevent and eliminate gender based discrimination and violence, it is not optional and should not be reduced in its scope. We are also deeply concerned by the attempts by some States to question the fact that a clean, healthy and sustainable environment is a universal human right, despite the recognition of this right by both the HRC and the UNGA, and in the context of the triple planetary crisis and the strong demands for environmental justice across the world. We are equally concerned about growing and coordinated efforts to undermine or outright delete standard language on the need for a ‘human rights based approach’ to development and other rights agendas, offering as a subpar substitute undefined and duplicative concepts such as a ‘people-centered approach.’

We welcome the adoption of the resolution on the human right to a clean, healthy and sustainable environment. The fact that all tabled amendments were massively rejected and that no State eventually called for a vote shows how much this right is important for the work of the HRC and for the international community as a whole.

We welcome the resolution on the contribution of the Human Rights Council with regard to the human rights implications of drug policy, which comes at a critical time, as States prepare for next year’s mid-term review of the 2019 political declaration. It underlines the role of the Human Rights Council, as the UN’s premier human rights body, in contributing to human rights strengthening throughout the UN system. We welcome that the resolution promotes an approach centered on human rights and public health, including harm reduction, and that some of the amendments tabled to weaken this approach were rejected, but we regret that other amendments aimed at continuing a harmful and punitive approach to drugs were adopted. We now call on States to ensure that they comply with their human rights obligations in the design and implementation of drug policies.

Civil society participation is a cornerstone of the HRC. It brings voices from local communities and organisations who can effectively inform the HRC of human rights priorities and needs on the ground. Yet the special emergency measures and ongoing budget constraints adopted by the HRC in 2019, 2020, 2021 and 2022, coupled with measures adopted to respond to the Covid-19 crisis, and the ongoing Strategic Heritage Plan, have heavily restricted civil society participation at the HRC. We appreciate the reinstatement of side events and request that the Council continues to work with UNOG and New York to ensure that side events are kept in place amidst the implementation of the Strategic Heritage Plan. We reiterate our calls on the HRC to maintain hybrid modalities (remote participation in all debates and informal consultations) for all Observers of the HRC (States and civil society organisations with ECOSOC status), as complementary to in-person participation; to reinstate General Debates in June sessions and maintain them unrestricted; and to ensure that efficiency is not prioritised over effectiveness, expertise and inclusiveness, including by addressing the chronic underfunding of the UN’s human rights pillar. Furthermore, civil society must be able to access and communicate with the HRC freely and safely. They should not be intimidated nor suffer reprisals related to that engagement.

We welcome the renewal of the mandate of the Special Rapporteur on Human Rights Defenders. Coinciding with the 25th anniversary of the Declaration on HRDs and the 75th anniversary of the Universal Declaration of Human Rights, this reflects that the unhindered work of defenders is integral to the realisation of all human rights for all people, particularly those who have suffered discrimination or repression.

We welcome the renewal of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, on the thirty-year anniversary of the creation of the mandate. Over 30 years, the mandate has played an essential role in creating a robust set of international standards and shaping how we understand the right to freedom of expression in the digital age, as well as responding to violations and helping ensure accountability and justice.

We welcome the renewal of the mandate of the Special Rapporteur on the sale, sexual exploitation and sexual abuse of children. We welcome the change in the title of the mandate in line with the Luxembourg Guidelines and the inclusion of children among the stakeholders the mandate should consult with.

We welcome the resolution on the situation of human rights in Belarus in the run-up to the 2020 presidential election and in its aftermath, given the strong report of the High Commissioner following the OHCHR examination of the human rights situation in Belarus, and the need to renew the mandate of the mechanism. However, we express disappointment that the call of Belarusian and international organisations to establish an independent investigative mechanism went unheeded.

We welcome the adoption by consensus of the resolution on the situation of human rights in the Democratic People’s Republic of Korea (DPRK) which renews the mandates of the Special Rapporteur and the OHCHR Seoul office, which are key avenues for accountability for victims and survivors. The consensus adoption demonstrates the isolation of the North Korean government and the universal condemnation of its grave violations of the human rights of its people. States should support efforts to document and preserve evidence of crimes for future prosecutions, and explore other pathways to bring to account those responsible for serious international crimes committed in North Korea.

We welcome the resolution on cooperation with Georgia, however we strongly urge Georgia to remain focused on addressing the human rights challenges in the territory within its control, not just in the Georgian territories of Abkhazia and the Tskhinvali region/South Ossetia.

While we welcome the resolution on technical assistance in Haiti, we regret that the Human Rights Council took years before putting Haiti back on its agenda. Since the discontinuation of the independent expert in March 2017, the human rights situation in Haiti has deteriorated rapidly. The security crisis has exacerbated inequalities and has pushed thousands of Haitians to be forcibly displaced. This situation has been noted by the report of the OHCHR of February 2023 and by the High Commissioner himself after his official visit earlier this year. We also welcome that the resolution envisages the creation of an Office of the High Commissioner in the future.

We welcome the adoption of the resolution on the situation of human rights in the Islamic Republic of Iran, and the change of approach from a purely procedural resolution merely renewing the mandate of the UN Special Rapporteur on human rights in Iran to a more substantial resolution addressing some of the key issues of concern, including violations committed in the context of the repression of recent protests, violations of the rights of women and girls and of minorities, illegal use of the death penalty and persistent impunity for violations of human rights. For the first time ever, the HRC has adopted a resolution, through which it collectively expresses alarm at these “widespread, repeated and persistent” violations and urges Iranian authorities to take action on them. We also welcome the increased support from States from all regions to this resolution, and we note with appreciation that opposition to the renewal of the mandate has significantly decreased at this session, reflecting growing concerns with the situation of human rights in Iran since the repression of the protests started in September 2022 following the custodial death of Jina Mahsa Amini.

We welcome the resolution on the situation of human rights in Myanmar maintaining the situation high on the agenda of the HRC and reaffirming the Council’s collective condemnation of the grave violations and abuses of international human rights and humanitarian law in the country. However, we regret that despite clear, repeated calls by the Special Rapporteur and civil society, the Council once again failed to call for a comprehensive arms embargo on Myanmar to prevent the ongoing violations, especially indiscriminate airstrikes on civilians and civilian infrastructure.

We welcome the resolution on the promotion and protection of human rights in Nicaragua that consolidates and extends for two years the mandates of the Group of Human Rights Experts and the OHCHR, with a new emphasis on violence against Indigenous Peoples and Afrodescendants, those forcibly displaced and striped of nationality, and reprisals, including against EMRIP member Anexa Cuningham. The exceptional two-year extension is a sheer reflection of the sustained worsening and gravity of the country’s human rights crisis - where the Group of Experts found crimes against humanity -, fueled by the government’s unprecedented lack of engagement with the UN system. The Group of Experts will be able to deepen its investigation, further identify perpetrators, and preserve evidence for justice processes.

We welcome the resolution on the situation of human rights in Ukraine stemming from the Russian aggression. The report of the Independent International Commission of Inquiry (COI) was clear: war crimes are being committed in Ukraine and the patterns of serious violations suggest other crimes are likely being committed as well, including crimes against humanity. Given the need for further investigation, the HRC is right to mandate the COI for a further year.

We welcome the renewal of the mandate of the Commission of Inquiry on Syria and call on the Council to continue to support scrutiny and accountability for gross human rights violations committed in Syria. We welcome the language in the resolution in support of the establishment of an international mechanism for the missing in Syria, and we call on UN Member States to support the creation of such an institution at the General Assembly.

We welcome the adoption of a resolution that further extends the mandate of the Commission on Human Rights in South Sudan. Such a mechanism remains vital as the conditions that prompted the Council to establish the Commission, in 2016, have not significantly changed to warrant less scru­tiny. Regarding this and other country situations, the Council should stand steadfast in support of accountability for grave violations. We stress that a purely technical assistance and capacity-building focus would be unsui­table to tackle South Sudan’s serious human rights challenges and would risk further emboldening those who perpetrate the most serious crimes.

We regret that the Council failed to respond adequately to several human rights situations including Algeria, China, Egypt, India, and Saudi Arabia.

We regret that the Council failed to respond to the situation in Algeria. Since the beginning of the Hirak pro-democracy movement in Algeria, more than 5500 Algerians have been prosecuted for exercising their fundamental rights and freedoms. According to the documentation of activists in the country, more than 70% of the people detained are in pre-trial detention. In the context of heightening repression against activists and closure of civic space, more than 500 individuals are prosecuted on the basis of so-called terrorism charges pursuant to the 2021 amended article 87 bis of the penal code. Between 2022 and 2023, four Algerians were condemned to lengthy prison sentences ranging between 10 and 15 years on the basis of this article. UN Special Procedures have continued to address the situation in Algeria, regarding the increased use by the authorities of ‘national security laws to prosecute people who exercise their rights to freedoms of opinion and expression, and peaceful assembly and association’ and raise ‘alarm at the extent of crackdown on dissent in Algeria’. In her statement on 22 February 2023, Special Rapporteur on human rights defenders addressed the dissolution of two leading human rights associations, and said “acts of intimidation, silencing and repression against the human rights movement must end”. Algeria, a member of the Council, is failing to cooperate with the Council and its mechanisms, including in the context of the UPR review where Algeria did not accept several important recommendations, especially with regards to amending the counter-terrorism law to meet international law requirements, to guarantee the protection of human rights defenders, and fundamental freedoms, including freedom of assembly and expression.

We regret the ongoing failure of the Council to respond meaningfully to the OHCHR Xinjiang report through a resolution on China. The Council’s ‘China exceptionalism’, facilitated by but by no means solely attributable to the OIC’s shameful double-standards, not only weakens its credibility but also undermines the confidence of victims and human rights defenders everywhere in its ability to respond to international crimes orchestrated by the most powerful governments. With a historic Urgent Action ruling by the CERD in November, countless Treaty Bodies recommendations, an OHCHR report, and three joint statements by over 40 Special Procedures experts, the UN system cannot be clearer: the crisis is severe, and so should be the Council’s response to it.

We regret that the Council failed to respond to the situation in Egypt. Egyptian and international civil society organisations have been calling on the Council to adopt a resolution on the human rights situation in Egypt. The human rights situation in Egypt merits the Council’s attention according to the objective criteria which States from all regions have committed to apply on whether a situation merits the HRC’s attention. Yet, civil society's request for HRC action at the 52nd session was declined. WHRD Sanaa Seif, sister of arbitrarily detained British-Egyptian human rights defender Alaa Abdel Fattah, came to the HRC to advocate for her brother's release and the thousands others arbitrarily detained in Egypt. She told the Council “you can't keep turning a blind eye on Egypt”, and urged the Council to address the human rights crisis in Egypt.

We regret that the Council once again failed to respond to the situation in India, despite the systematic rollback of fundamental freedoms, the rule of law and independent institutions as well as the ongoing harassment, intimidation and criminalisation of human rights defenders, journalists, and dissidents, and targeting of civil society organisations using national security and counter-terrorism infrastructure. The Council also has responsibility to take appropriate action to prevent potential atrocity crimes against minorities, especially Muslims, as a result of the increasing discrimination and incitement to violence often by Hindu nationalist leaders.

We regret that the Council failed to respond to the situation in Saudi Arabia, where the situation meets the objective criteria. According to ALQST’s 2022 annual report, the Saudi authorities continue patterns of abuse, including arbitrary arrests, severe jail sentences for peaceful, legitimate activity on social media, enforced disappearances, systemic gender discrimination, and harsh restrictions on prisoners of conscience released from prison, including travel bans, thus further deepening the climate of fear. We reiterate our call on the HRC to create a monitoring and reporting mechanism on the ever-deteriorating human rights situation in Saudi Arabia.

^[1] International Service for Human Rights, Asian Forum for Human Rights and Development (FORUM-ASIA), International Bar Association’s Human Rights Institute (IBAHRI), Commonwealth Human Rights Initiative (CHRI), Franciscans International, International Federation for Human Rights (FIDH), CIVICUS: World Alliance for Citizen Participation, World Uyghur Congress, Association for Progressive Communications (APC), Southern Africa Human Rights Defenders, DefendDefenders (East and Horn of Africa Human Rights Defenders Project), Cairo Institute for Human Rights Studies (CIHRS), Gulf Centre for Human Rights, Child Rights Connect,Impact Iran, ARTICLE 19.

Statement at the 52nd Session of the UN Human Rights Council 

UPR Outcomes Adoption – South Africa

Delivered by Nicola Paccamiccio

Thank you, Mr President.

Mr. President, Human Rights Institute of South Africa (HURISA), the Centre for the Study of Violence and Reconciliation (CSVR) and CIVICUS welcome the government of South Africa's engagement with the UPR process.

We also welcome the decisions by the High Court and Constitutional Court in 2019 and 2021 respectively, declaring as unconstitutional the Regulation of Interception of Communications and Provision of Communication Related Information Act (RICA), which was subjected to misuse by the authorities who sometimes used it to spy on journalists. Furthermore, we welcome the 2018 Constitutional Court’ judgement reinstating the High Court constitutional invalidity of section 12(1)(a) of the Regulation of Gatherings Act 205 of 1993 for considering a criminal offence the failure to give notice or inadequate notice. We further appreciate the President Ramaphosa’s decision to return ‘The Protection of State Information Bill’, also known as the ‘Secrecy Bill’, which disproportionately infringes on the rights to the freedom of expression and access to information, to the National Assembly for consideration of his reservations about its constitutionality.

Since its last review, South Africa partially implemented one of the five recommendations relating to civic space. We welcome that South Africa accepted all 19 of the 19 recommendations it received during this cycle.

Despite these improvements, threats, intimidation and attacks against HRDs, in particular women HRDs (WHRDs) and those defending land and environmental rights, housing rights and whistleblowers, and the impunity thereof, remain a grave concern. The killing of Mama Fikile Ntshangase, the repeated attacks and killings of Abahlali baseMjondolo (AbM), of trade unionist Malibongwe Mdazo, of whistleblower Babita Deokaran and the fleeing into exile of whistleblower Athol Williams highlight the dangerous context in which all activists and human rights defenders operate.

Journalists who expose deep-rooted corruption in the security and law enforcement agencies are increasingly targeted by State and private sector spies, as seen in the bugging of journalist Jeff Wicks by officials from Crime Intelligence after his reporting about the police force and Crime Intelligence unit.

South Africa has continued to undermine the freedoms of expression and opinion through restrictive legal framework. The amended Film and Publications Act commenced in 2022 leaves the Film and Publications Board with wide discretion to decide what content is acceptable online, raising concerns that it could be used as a means of censorship for online content. Separately, the Non-profit Organisation Amendment Bill 2021, poses a big risk that the law may be used to control international funding of organisations or media that could be seen as critical of the government. We call on the government to withdraw this Bill as its compulsory registration of foreign CSOs that intend to operate in South Africa represent a threat to the full enjoyment of the right to freedom of association.

The continued use of excessive force and arbitrary arrests by security forces in response to protests is another cause for concern. Peaceful protests have been met with excessive force by police officers, including through the use of rubber bullets and teargas, which at times have led to the killing and injury of protesters and bystanders.

HURISA, CSVR and CIVICUS call on the Government of South Africa to take concrete steps to address these concerns by developing a legislative framework to protect human rights defenders in the exercise of their work, including taking urgent measures to establish a commission of inquiry into the killings, and by bringing the Non-profit Organisation Amendment Bill in line with standards on freedom of association.

We thank you.

Civic space in South Africa is rated as "Obstructed" by the CIVICUS Monitor. 

Statement at the 52nd Session of the UN Human Rights Council 

UPR outcome adoption - Poland

Delivered by Kinga Lozinska            

Thank you, Mr President.

The Committee for the Defence of Democracy (KOD) and CIVICUS welcome the government of Poland's engagement with the UPR process.

Since its last review, however, Poland has not implemented any of the recommendations relating to civic space and we are deeply troubled to see that Poland rejected 7 recommendations and only accepted 1 of the 11 recommendations it received during this cycle.

We are concerned by the ruling Law and Justice (PiS) party’s dismantling of judicial independence and the rule of law, which has been used as a tool to violate civic freedoms in Poland. Women human rights defenders (WHRDs) advocating for reproductive justice are facing judicial harassment and intimidation. Recently, abortion rights activist, Justyna Wydrzyńska was found guilty of aiding an abortion and sentenced to 8 months community service. We are further alarmed by the repeated attempts to diminish media independence through restrictive legislation, government allies acquiring ownership of major media outlets and the filing of Strategic Lawsuits Against Public Participation (SLAPPs) against independent media.

As a result of these developments, civic space in Poland is currently classified as ‘obstructed’ by the CIVICUS Monitor, indicating the existence of significant civic space restrictions.

Mr President, the Committee for the Defence of Democracy (KOD) and CIVICUS call on the Government of Poland to take concrete steps to address these concerns, including by:

• Immediately and unconditionally drop charges against all human rights defenders and ensure that government officials and non-state actors perpetrating intimidation and harassment against WHRDs and LGBTQI+ defenders are effectively investigated.
• Refrain from further persecuting independent judges who uphold the rule of law and drop all criminal charges against them.
• Drop all SLAPPs against journalists and media outlets and refrain from further legal harassment against independent media

We thank you.

 Civic space in Poland is rated as "Obstructed" by the CIVICUS Monitor. 

Statement at the 52nd Session of the UN Human Rights Council

UPR Outcome Adoption – Brazil

Delivered by Maria Eduarda Pessoa de Assis

Instituto Igarapé and CIVICUS welcome the government of Brazil’s engagement with the Universal Periodic Review process.

During the 3^rd UPR cycle, the outgoing Brazilian government received 17 recommendations related to civic space. Brazil accepted all of them. However, 14 of these recommendations were not implemented and only one of them was fully implemented. Last year, our research showed that the last Brazilian government not only failed to confront restrictions on civic space, but also sponsored measures that constrained the work of Brazilian civil society.

Among the setbacks, we highlight the restriction of spaces for civil society participation in the formulation of public policies, and official attempts to tighten controls and increase surveillance of civil society.

Throughout its four-year mandate, the former Brazilian administration neglected to address reported human rights violations in cases of alleged excessive force by public agents, a critical oversight in a country known for high levels of police lethality and victimisation. The wide facilitation of access to guns and ammunition represented major setbacks for reducing Brazil’s excessive rates of violence and lethality.

We reiterate our reproval of the official use of legal and extralegal instruments to intimidate, criminalize, and silence community leaders, journalists, and human rights defenders. Such measures only amplify the threat of violence these leaders routinely confront.

In 2021 and 2022 alone, the Igarapé Institute identified 3,088 attacks on civic space in Brazil, classified by the CIVICUS Monitor as "obstructed."

Now we are living in another moment. The change of government that took place in January 2023 brings hope for new times. The new Brazilian government has committed to restoring democratic order, rebuilding the Brazilian civic space, and safeguarding, in both law and in practice, a safe environment for the action of Brazilian civil society.

In this light, we highlight the need for the new Brazilian government to establish, as recommendations, the guarantee of conditions for the execution and access to the national protection programme, and strengthening of training programs for the progressive use of force, and state capacities for investigation and accountability for violations of rights committed by state agents.

Thank you very much.

  Civic space in Brazil is rated as "Obstructed" by the CIVICUS Monitor. 

Statement at the 52nd Session of the UN Human Rights Council 

Adoption of the Universal Periodic Review (UPR) report of the Philippines

Delivered by Cristina Palabay, Karapatan

Thank you, Mr. President.

CIVICUS and Karapatan note the Philippine government’s engagement with the UPR process and the UN Joint Programme. While it has accepted recommendations during the review, we regret that there has been no substantial improvement on the state of civic and democratic space in country.

Government policies on the counterinsurgency and drug war have not been rescinded, resulting in continuing extrajudicial killings, including those of human rights defenders. Task forces or panels created to look into these have failed to investigate and successfully prosecute the perpetrators and senior officials who ordered the killings have not been held to account. The Joint Programme lacks the necessary accountability tools that can deliver justice.

Meanwhile, the persecution and criminalisation of defenders, journalists and dissenters continue, including the incitement of violence against them through red-tagging, villification and the use of the laws on terrorism and libel. A community doctor was recently designated arbitrarily as a “terrorist individual”, without evidence, and jeep drivers who went on strike have been red-tagged. The number of political prisoners have risen with many facing trumped up charges. Members of community organizations face intimidation and threats of arrests and abduction.

We call on the Philippine government to stop the persecution of defenders, journalists and dissenters, and to enact the Human Rights Defenders Protection Bill. We also reiterate our view that the laws on terrorism and libel violate the right to due process, free expression, press freedom and freedom of association, among other constitutional rights. We renew our call to the Council for an independent investigation into the cases of extrajudicial killings and other grave rights violations in the Philippines.

Thank you.

 Civic space in the Philippines is rated as "Repressed" by the CIVICUS Monitor. 

Statement at the 52nd Session of the UN Human Rights Council 

UPR Outcome Adoption – India

Delivered by Meha Khanduri, Human Rights Defenders Alert-India

Thank you, Mr President.

Human Rights Defenders Alert-India and CIVICUS welcome the government of India’s engagement with the UPR process.

It is positive that the Indian government accepted recommendations to ensure a safe and enabling environment for civil society. However, we are disappointed that the government has only noted recommendations to review restrictive laws including the draconian Unlawful Activities Prevention Amendment Act used to detain scores of human rights defenders as well as the Foreign Contributions Regulation Act used to block foreign funding and investigate NGOs. The government also failed to accept most of the specific recommendations aimed at improving the situation of HRDs and civil society as well as to decriminalise defamation.

Further, despite restrictions on protests it is also concerning that the government only noted recommendations to review laws regulating freedom of peaceful assembly.

We are also deeply concerned that the government has rejected recommendations to release Kashmiri journalists and human rights defenders. Finally, while the government accepted a recommendation on the issuance of a standing invitation for country visits to all UN special procedure mandate holders, it rejected the specific recommendation allowing a country visit by the UN Special Rapporteur on freedom of assembly and of association.

We urge the government to

• Review all restrictive laws especially the UAPA and FCRA to bring it into compliance with ICCPR.
• Immediately and unconditionally release all HRDs, including those detained related to the Bhima Koregaon case, Khurram Parvez and drop all charges against them.
• Review and amend existing laws in order to guarantee fully the right to the freedom of peaceful assembly and investigate all violations in the context of protests.

We thank you.

Civic space in India is rated as "Repressed" by the CIVICUS Monitor. 

Arabic

Statement at the 52nd Session of the UN Human Rights Council

Adoption of Universal Periodic Review (UPR) Outcomes – Algeria

Delivered by Rachid Aouine

Thank you, Mr President.

Mr. President, SHOAA for Human Rights and CIVICUS welcome the government of Algeria's engagement with the UPR process. We also welcome the fact that the government has accepted several recommendations related to the penal code and the protection of the right to freedom of expression, association and assembly, and We hope that the recommendations will be accepted seriously and will not be the same as in the previous sessions when they accepted the recommendations but did not implement them.

However, we are still concerned about the ongoing restrictions on civic space, as nearly 300 activists are still in prison for exercising their right to expression and assembly, and the arrests of activists continue to this day, the latest of which is the detention of activist Nabila Baza, known as Amal Nayli, in temporary detention in the state of M'sila.

Laws governing associations in Algeria continue to limit civil society's ability to operate freely. For example, the 2021 Law on Associations provides for mandatory registration of associations and imposes penalties of between three and six months and fines of between 100,000 and 300,000 Algerian dinars for individuals who belong to registered associations.

The Penal Code contains provisions that restrict freedom of expression and Ordinance No. 21-08 in Article 87 bis which broadens the definition of terrorism has been used to target human rights defenders. For example, human rights defender Zaki Hanash was charged with terrorism and undermining national unity after he documented cases of arbitrary arrests and trials in February 2022. Lawyers continue to be intimidated and prosecuted for defending human rights defenders, activists and peaceful protesters.

Mr. President, SHOAA for Human Rights and CIVICUS call on the Algerian government to take concrete steps that reflect its seriousness in implementing the recommendations of the UPR, especially amending laws related to association, stopping the violation of the freedoms of expression, association and assembly that are considered fundamental, and releasing human rights defenders and activists peaceful protesters and drop all charges against them.

We thank you.

Civic space in Algeria is rated as "Repressed" by the CIVICUS Monitor.

Statement at the 52nd Session of the UN Human Rights Council 

UPR Outcome Adoption – Indonesia

Delivered by Cornelius Hanung

Thank you, Mr. President.

CIVICUS, YAPPIKA-ActionAid, and the Institute for Policy Research and Advocacy note the Indonesian government’s engagement with the UPR process. 

While we acknowledge that Indonesia supported 26 out of 31 recommendations related to civic space, our concerns remain on the state of civic and democratic space in the country. 

It is extremely worrying that in recent years restrictive laws, such as the criminal defamation provisions in the Electronic Information and Transaction Law – a vague and overbroad law - have been systematically used to arrest, prosecute and punish activists, journalists, and government critics. Human rights defenders working on various issues, including on human rights in the Papua region, environmental rights, and business and human rights have been subjected to judicial harassment under this law. 

Further, we are alarmed that the recently passed criminal code contains provisions that fall below international human rights laws and standards including criminalising online and offline defamation as well as banning insults against the State’s leaders and institutions. The same law also criminalises the holding of spontaneous and unauthorized protests.

Harassment, ill-treatment, torture, and violence conducted by security forces against protesters – many of them youth and students – have persisted throughout the last UPR review cycle. Victims of police violence, such as those during the protest against the Omnibus Job Creation Law and around numerous protests in Papua have yet to receive a remedy while the perpetrators enjoy impunity. 

We call on the Indonesian government to seriously protect civic space and the safety and security of CSOs, human rights defenders, and journalists. These should include:

• Dropping all charges against activists for doing their human rights work;
• Reviewing and repealing existing restrictive laws, which include the EIT Law Societal Organizations Law and the new criminal code;
• Conducting thorough investigations of all incidents involving violence by the security forces against protesters, and
• Refraining from introducing further restrictions that will significantly harm civic space in the country.

We thank you. 

Civic space in Indonesia is rated as "Obstructed" by the CIVICUS Monitor. 

Statement at the 52nd Session of the UN Human Rights Council

Adoption of UPR Outcomes on Ecuador

Delivered by Nicola Paccamiccio

Thank you, Mr President.

Fundación Ciudadanía y Desarrollo and CIVICUS welcome the government of Ecuador's engagement with the UPR process and its efforts to improve the legal framework for civil society organisations and to reform restrictive legislation used to stifle journalism.

Since its last review, Ecuador has fully implemented 2 of the 25 recommendations relating to civic space and taken steps to implement 13 recommendations. We welcome that Ecuador accepted 18 of the 20 recommendations it received on civic space during this cycle.

However, the CIVICUS Monitor rates space for civil society as ‘obstructed,’ indicating that it is constantly undermined by authorities and non-state actors.

We remain concerned by the lack of institutional mechanisms to promote an enabling environment for human rights defenders, journalists and activists. While Ecuador committed to establishing protection mechanisms to ensure their safety, efforts in this regard have stalled while judicial harassment, criminalisation and violence continue to take place with impunity.

Over the past five years, protest rights have been repeatedly violated. In 2022, Indigenous-led protests were once again met with repression, leaving over 300 people injured and 9 dead in less than a month. We are concerned about the recurrence of excessive use of force by Ecuador’s security forces. Rather than recognising human rights abuses in the context of protests, authorities have often stigmatised those taking to the streets.

Mr President, we call on the Government of Ecuador to take concrete steps to address these concerns, including by:

• Immediately and impartially investigating all instances of excessive force in the context of protests;
• Reviewing and updating existing human rights training for police and security forces and;
• Implementing comprehensive policies and mechanisms to protect civil society organisations, human rights defenders and journalists.

We thank you.

Civic space in Ecuador is rated as "Obstructed" by the CIVICUS Monitor.

Statement at the 52nd Session of the UN Human Rights Council

Adoption of the Universal Periodic Review (UPR) report of Tunisia

Delivered by Nicola Paccamiccio

Thank you, Mr President.

CIVICUS and Arab NGO Network for Development welcome the government of Tunisia’s engagement with the UPR process.

Since its last review, Tunisia failed to implement any of the recommendations relating to civic space. We regret that Tunisia accepted just 13 of the 22 civic space recommendations it received during this cycle.

In the context of a deep political and economic crisis, President Saïed has issued a number of decrees to consolidate power and weaken the independence of the judiciary and the rule of law. Amidst this, space for civil society is increasingly being restricted in Tunisia, leading to a rating downgraded by the CIVICUS Monitor from obstructed to repressed, the second-worst category, in its annual report. Tunisia’s downgrade comes after its addition to the CIVICUS Monitor Watchlist in March 2022 following a rapid decline in civic space.

Since July 2021, authorities have investigated or prosecuted over 30 people for their criticism of the government, including activists, journalists, lawyers and members of Tunisia’s dissolved parliament. In addition, the government has issued or initiated decrees that restrict fundamental freedoms. In particular, Decree-law 2022-54, issued in 2022, that criminalises ‘fake news’ and rumours, poses a threat to independent journalism. We regret the government lack of commitment to accept recommendations to repeal the Decree.

Security forces have also raided the offices and confiscated the equipment of many private media outlets, shut down news outlets, evicted their staff and closed down the offices of Al Jazeera, under allegations of not having the proper broadcasting license.

Mr President, we call on the government of Tunisia to take concrete steps to address these concerns, including by withdrawing restrictive legislation that restricts freedom of expression and association.

We thank you.

 Civic space in Tunisia is rated as "Repressed" by the CIVICUS Monitor. 

Statement at the 52nd Session of the UN Human Rights Council 

General Debate Item 4

Delivered by Sigrid Lipott

Thank you Mr President,

CIVICUS is convinced that the Council should play a more assertive role in preventing rather than reacting to human rights crisis, and the rapid deterioration of civic space is the first early warning sign on which the Council should act.

The rapid turn of events after President Castillo’s arrest has deepened Peru’s long-term institutional crisis and sparked protests in the country met with excessive and deadly force by the police. This is far from isolated as it represents a recurrent issue in regard to the policing of demonstrations. Human rights defenders (HRDs) in Peru continue to face violence, in particular Indigenous and environmental defenders.

In Zimbabwe, ahead of the July 2023 elections, civic space is under severe attack with increasing restrictions targeting civil society and opposition groups. Raids and suspension of civil society organisations (CSOs) registration have become commonplace. The Private Voluntary Organisation (PVO) Amendment Bill represents a great threat to freedom of association and is an attempt by the authorities to target civil society groups that have often raised concerns about violence related to elections.

In India, the authorities continue to use the draconian Foreign Contribution Regulation Act (FCRA) to target CSOs, block foreign funding and investigate organisations that are critical of the government. Human rights defenders and activists are harassed and detained under the Unlawful Activities (Prevention) Act (UAPA) and other restrictive laws; journalists continue to be targeted and in Jammu and Kashmir, prominent human rights defender Khurram Parvez remains in detention.

We call on the Council to address these worsening situations and prevent further deterioration. 

We thank you. 

Statement at the 52nd Session of the UN Human Rights Council

Interactive Dialogue with the Commission on Human Rights Experts on Ethiopia

Delivered by Sibahle Zuma

Thank you, Mr President,

CIVICUS and its partners in Ethiopia welcome the renewal of the International Commission of Human Rights Experts on Ethiopia’s mandate at the 51^st Human Rights Council Session. We also welcome the signing of the agreement on the cessation of hostilities between the Ethiopian government and Tigrayan authorities on the 2^nd of November 2022. This is a critical moment to end all atrocities and the suffering of millions of civilians.

For the past two years, Ethiopia’s human rights situation has been marred by extrajudicial killings, rape and sexual violence, unlawful shelling, airstrikes and pillage. Freedom of expression has particularly been restricted in the past two years. Journalists and media actors have faced detentions, arrests, and censorship from both Ethiopian and Tigrayan authorities. On the 7^th of September 2022, the founder and editor of the Voice of Amhara was arrested by authorities at his home. He was accused of having ties with the TLPF and attempting to terrorise the public by disseminating information that supports the rebel group. No formal charges were laid against him.

In the same month, Abay Zewdu, the chief editor of a privately owned satellite and YouTube-based broadcaster, Amara Media Centre, was arrested by Ethiopian authorities. He was accused of disseminating false information and organising students from the Amhara ethnic group to commit violence. He remained in detention even after he had posted bail.

We call on the Ethiopian government to respect the right to freedom of expression and to cease all forms of intimidation and harassment of journalists and other media actors. We urge the UN Human Rights Council and the Commission of Experts to continue scrutinising the situation in Ethiopia to ensure peace and stability in the country.

We thank you.

 Civic space in Ethiopia is rated as "Repressed" by the CIVICUS Monitor. 

Statement at the 52^nd Session of the UN Human Rights Council

Interactive Dialogue on the High Commissioner oral update on Venezuela

Delivered by Marysabel Rodríguez, 

Thank you Mr President,

In Venezuela there are no guarantees for freedom of expression, peaceful protest and the right to association. Violations of civil liberties affect demands for economic and social rights.

In 2022, at least 80 radio stations were closed down by government orders. Arbitrary and non-transparent management by the National Telecommunications Commission has left most radio stations in legal uncertainty for years.

The "anti-hate law" continues to be used against people for expressing themselves. At least 11 arbitrary arrests were recorded last year.

Social protest is repressed. In recent days public workers and teachers have been harassed, dismissed and threatened. Strikes are criminalised; in January, 18 workers of the Venezuelan Guyana Corporation were arrested and prosecuted for demanding better working conditions.

Two legal initiatives to regulate the right of association are advancing. if passed, they will consolidate the criminalisation of individuals, collectives and organisations engaged in social, humanitarian and human rights work. None of the draft laws are publicly accessible nor have they been officially released.

We urge this Council to maintain its attention on Venezuela and we ask the High Commissioner what the Council can do to consolidate OHCHR presence in the country, to support the work of the Fact Finding Mission and any initiative that avoids further restrictions to civic space in the country.

Thank you very much.

 Civic space in Venezuela is rated as "Repressed" by the CIVICUS Monitor 

Statement at the 52nd Session of the Human Rights Council

Interactive Dialogue with the Special Rapporteur on the situation of human rights in Myanmar

Delivered by Kyaw Win

Thank you, Mr. President.

CIVICUS and the Burma Human Rights Network thanks the Special Rapporteur for his update.

We remain deeply concerned about the state of civic space in Myanmar, two years on from the unconstitutional coup. Human rights defenders and activists have continued to be prosecuted by the junta on fabricated charges and convicted in sham trials by secret military tribunals and given harsh sentences including the death penalty. As noted by the Special Rapporteur more than 16,000 political prisoners are now behind bars and some have been tortured or ill-treated in detention. The Special Rapporteur has also highlighted the ongoing attacks on civilians and the draconian new Organization Registration law that will further shackle what is remaining of civil society. The CIVICUS Monitor, this month downgraded Myanmar’s civic space rating from ‘repressed’ to ‘closed’.

We welcome the landmark UN Security Council resolution adopted in December 2022, denouncing the violations by the junta but was disappointed it did not impose an arms embargo or refer the case to the International Criminal Court. At the same time, ASEAN’s five-point consensus has remained ineffective in addressing the human rights violations in Myanmar and its time the regional body moves beyond it. Further, as noted by the Special Rapporteur there are serious concerns about that international community’s treatment of Rohingyas and others fleeing Myanmar and many face the risk of detention, deportation and pushbacks at land and sea.

We call on the Council to support a meaningful and robust resolution which reflects these serious concerns and renews the critical mandate of the Special Rapporteur. Special Rapporteur, what the international community should do to halt the assault on civic space and serious human rights violations committed by the junta and to support those fleeing to neighbouring countries.

Thank you.

 Civi space in Myanmar is rated as "Closed" by the CIVICUS Monitor 

Statement at the 52nd Session of the UN Human Rights Council 

Item 2 General Debate

Delivered by Nicola Paccamiccio

Thank you Mr. President,

CIVICUS welcomes the report of the High Commissioner on Guatemala and shares the concerns over the widespread impunity and the relentless deterioration of civic space.

Anti-corruption prosecutors, judges and journalists, who have investigated and exposed corruption, human rights violations, and the abuse of power, are criminalised by the authorities and face spurious criminal charges. Many of them have been forced to flee the country and are now living in exile.

Civil society groups are subjected to a climate of increasing hostility, harassment, and persecution. Over the last three years, attacks on human rights defenders (HRDs) rose sharply, with more than 2000 cases of defamation, harassment, intimidation, and criminalisation. Women human rights defenders, land and environmental defenders, along with HRDs working on peace and justice are the most targeted.

Freedom of association has been consistently undermined. Human rights organisations, especially those in defence of anti-corruption activists, have faced digital attacks and threats. The 2021 NGO Law provides the State with wide discretionary powers to dissolve NGOs in complete violation of international human rights standards.

These acts are part of a concerted effort to erode civic space and the rule of law, create a climate of fear, as well as to co-opt the judicial system to guarantee impunity for human rights violations.

Ahead of the June 2023 elections and due to the lack of independence of key institutions charged with overseeing the electoral process, we ask the international community to play an assertive role in protecting Guatemalans’ civic freedoms by monitoring the pre-electoral period and electoral process.

Thank you.

 Civic space in Guatemala is rated as "Obstructed" by the CIVICUS Monitor

Statement at the 52nd Session of the UN Human Rights Council

Enhanced Interactive Dialogue on the report of the Commission on Human Rights in South Sudan

Delivered by Nicola Paccamiccio

Thank you, Mr President,

CIVICUS and its South Sudanese partners welcome the report of the Commission on Human Rights in South Sudan. The Commission’s mandate remains crucial as the human rights situation worsens and the civil and political space continues to deteriorate.

Freedoms of assembly, association and expression are under severe threat. In the past year, South Sudanese authorities have continued, with impunity, to repress and harass peaceful protesters and civil society actors. Many are subjected to arbitrary arrests, detentions and extrajudicial killings.

Freedom of association remains severely restricted as civil society organisations are subjected to raids by the National Security Service and activists calling for good governance and the rule of law are harassed, intimidated and arrested. Journalists continue to face threats, intimidation, and arbitrary arrests resulting in self-censorship.

The high levels of localised violence and the increase of conflict-related sexual violence, including the use of rape and gang rape as a weapon of war, are of great concern. Nationally instigated intercommunal conflicts in Tonj, Warrap State, Magwi, Nimule and Kapoeta in Eastern Equatoria State, as well as in Greater Upper Nile State, and parts of greater Jonglei and Unity State are alarming. This situation is worsened by the numerous obstacles to humanitarian aid, reported intimidation and harassment of and attacks against humanitarian workers, including killings, and extrajudicial executions of prisoners.

In light of the ongoing restrictions on civic space in the country, we call on the Council to extend the mandate of the Commission for a further period of two years to ensure continued scrutiny on the human rights situation in the country and to enable it to comprehensively report on the election and transition process.

We thank you.

 Civic space in South Sudan is rated as "Closed" by the CIVICUS Monitor