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FORUM-ASIA at the 43rd regular session of the UN Human Rights Council

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The 43rd regular session of the UN Human Rights Council was scheduled to take place from 24 February to 20 March 2020. However, due to the implications of the COVID-19 virus the Council decided to suspend its current session on 13 March 2020, until further notice. FORUM-ASIA’s advocacy focused on India, Kashmir, Myanmar, and Sri Lanka, and on the topic of human rights defenders. FORUM-ASIA called for Council attention on the Maldives, Pakistan, the Philippines, and West Papua, and participated in the discussion on the Universal Periodic Review outcomes of Kazakhstan.

India

In her update on human rights concerns, and progress, around the world, the High Commissioner for Human Rights expressed concerns over the situation in India, particularly the Citizenship Amendment Act and “reports of police inaction in the fact of attacks against Muslims by other groups, as well as previous reports of excessive use of force by police against peaceful protesters.”

During the general debate that followed, FORUM-ASIA said that it was alarmed by violence and deaths in the nationwide protests in India against the discriminatory Citizenship Amendment Act, and the complicity of police in violence against protestors. FORUM-ASIA called on India to ensure the right to peaceful assembly, and to hold those who instigate violence or use excessive force against peaceful protestors accountable.

FORUM-ASIA made similar calls in joint statements during the general debate on situations that require the Council’s attention. FORUM-ASIA supported a joint statement urging the Indian government to amend the CAA to ensure that any path to citizenship provides for equal protection for persecuted persons, and does not discriminate on grounds such as religion or national origin.

Ahead of the session, FORUM-ASIA submitted a written statement drawing the Council’s attention to the deaths in police action, excessive use of force, fabricated cases against human rights defenders and torture, across the Indian state of Uttar Pradesh.

Together with other civil society organisations, FORUM-ASIA also organised a side event on the constitutional and civic space crisis in India, addressing issues such as the deterioration of civic space, rising authoritarianism, impunity for violence by police and non-state actors, and the continuing crackdown in Jammu and Kashmir.

Kashmir

The High Commissioner expressed concerns over the situation in Jammu and Kashmir where “as many as 800 people reportedly remain in detention, including political leaders and activists. Schools, businesses and livelihoods have been disrupted by the continued heavy military presence, and no steps have been taken to address allegations of excessive use of force and other serious human rights violations by security forces.”

During the general debate that followed, FORUM-ASIA delivered a statement sharing the High Commissioner’s concerns about the ongoing human rights crisis in Kashmir. FORUM-ASIA urged the High Commissioner to continue regular monitoring and reporting on the situation in Kashmir and called on India and Pakistan to allow her office unfettered access to both sides of the Line of Control.

FORUM-ASIA made similar calls in joint statements during the general debate on situations that require the Council’s attention. Together with other civil society organisations, FORUM-ASIA urged the Council to establish an independent international investigation mechanism into past and ongoing crimes under international law and human rights violations by all parties in Kashmir, as recommended by the UN High Commissioner for Human Rights.

Myanmar

The High Commissioner presented her report on the “root causes of the human rights violations and abuses the Rohingya Muslim minority and other minorities in Myanmar are facing”. During the interactive dialogue that followed, FORUM-ASIA called on Myanmar to repeal or review all discriminatory laws in line with international standards, and to guarantee full citizenship regardless of ethnicity or religion. FORUM-ASIA also stressed that ethnic minorities need to be included in the decisions that affect them. This includes allowing all ethnic minorities, including Rohingya refugees and IDPs, to take part in this year’s elections.

The Assistant Secretary-General for Strategic Coordination presented the oral update of the Secretary-General on the implementation of recommendations from the report on the involvement of the UN in Myanmar. During the discussion, FORUM-ASIA expressed regret over the UN’s failure to prevent the genocide against the Rohingya and violations against other ethnic minorities in Myanmar. It called on the system to prioritise addressing the root causes of these violations and supporting efforts toward international criminal accountability through a coherent, system-wide response. FORUM-ASIA also noted that the report also concludes that “member states also bear part of the responsibility” for the UN’s failures and “the horrific consequences” that persist. It called on states and the Security Council to refer Myanmar to the ICC or the General Assembly to establish an ad-hoc tribunal.

The Special Rapporteur on the situation of human rights in Myanmar presented her final report to the Council. During the interactive dialogue, FORUM-ASIA expressed concerns at the resurgence of civil war, and echoed the Special Rapporteur’s concerns at the increasing of restrictions of civic and democratic space, as well as targeting of human rights defenders in Myanmar. It reiterated its calls to the international community to ensure international criminal accountability for the grave international crimes including genocide against Rohingya and war crimes and crimes against humanity against Kachin and Shan ethnic nationalities by referring Myanmar to the ICC or establishing an ad-hoc tribunal.

Together with civil society organisations from Myanmar, FORUM-ASIA released a statement calling on the Human Rights Council to ensure an end to impunity and justice for victims and survivors of genocide, crimes against humanity and war crimes in Myanmar through international criminal accountability mechanisms.

The Human Rights Council is scheduled to adopt a resolution to renew the mandate of the Special Rapporteur when it resumes this session of the Council.

Sri Lanka

The High Commissioner presented her report on Sri Lanka, particularly on the implementation of Human Rights Council resolution 30/1. She expressed “regret that the new Government has announced a very different approach to the commitments previously made in the resolution which risks setting back efforts to advance reconciliation, accountability and human rights.” She added that “the fundamental problem remains that Sri Lanka has still not addressed impunity for past violations, nor undertaken the security sector reforms needed to address their drivers and enablers.” She urged “the Council to remain alert to this situation in terms of prevention and to explore all possible avenues for advancing accountability.”

During the general debate that followed, FORUM-ASIA supported a joint civil society statement expressing deep concern over indicators of a significant backsliding on human rights in Sri Lanka, underscored by the government using their address to the Council this week to go back on the important commitments made by Sri Lanka through HRC resolution 30/1. The organisations urged the Council to hold Sri Lanka accountable to its obligations under international law. Given the announcement that the new Government will not continue to engage with the clear framework agreed through resolution 30/1; the failure of past domestic reconciliation and accountability mechanisms; and the ongoing compromise of the rule of law as pointed out by the High Commissioner yesterday, they called on the Council to establish an international accountability mechanism on Sri Lanka.

The Special Rapporteur on freedom of religion or belief presented his thematic report on freedom of religion or belief, non-discrimination, and gender equality, as well as his report from his visit to Sri Lanka. During the interactive dialogue that followed, FORUM-ASIA supported a joint statement sharing the Special Rapporteur’s concerns about the lack of accountability and widespread impunity for human rights violations, particularly violence and discrimination against religious minorities.

Ahead of the session, FORUM-ASIA supported a joint written statement expressing serious concerns about justice for the 2012 Welikada prison massacre. The statement urged the High Commissioner and other UN bodies such as Special Procedures to closely monitor the developments related to this emblematic case and have a principled and consistent engagement with Sri Lanka authorities, including on the abovementioned concerns, to ensure justice for the victims and survivors of the massacre.

Together with civil society organisations, FORUM-ASIA also organised a side event on Sri Lanka’s failure of justice.

Human Rights Defenders

The Special Rapporteur on the situation of human rights defenders presented his final thematic report on human rights defenders operating in conflict and post-conflict situations, as well as his report from his visit to Mongolia. During the interactive dialogue, FORUM-ASIA echoed the Special Rapporteur’s concerns on the extreme hostilities that human rights defenders operation in conflict and post-conflict situations face, including in Jammu and Kashmir; the Philippines; and West Papua.

It shared the Special Rapporteur’s concerns on heightened risks faced by women human rights defenders, including in Thailand.

On the Special Rapporteur’s report on Mongolia, FORUM-ASIA stressed the urgent need for comprehensive and robust legislations and policies for the protection of human rights defenders in Mongolia that are consistent with international human rights standards.

FORUM-ASIA added that it is alarmed by the growing trend of harassment and attacks against human rights defenders by religious extremists, particularly by non-state actors with tacit support from the state as in Maldives, India and Sri Lanka, and the use of Strategic Lawsuits against Public Participation by business corporations as in Thailand.

The Human Rights Council is scheduled to adopt a resolution to renew the mandate of the Special Rapporteur when it resumes this session of the Council.

Human Rights Situations that Require the Council’s Attention

During the general debate on human rights situations that require the Council’s attention, FORUM-ASIA raised the following situations:

  • In the Philippines, the vilification of human rights defenders (HRDs) and labelling of those who have called for Council action as terrorists have escalated. The Philippine government’s inflammatory remarks at this session of the Council including at the high-level segment add to the long list of its attacks and reprisals against HRDs. The recently approved Anti-Terrorism Act of 2020, if passed into law, would allow increased surveillance, warrantless arrests, and extended detentions, and add to the existing arsenal of repressive laws used to target civil society and stifle dissent. Domestic mechanisms continue to fail HRDs, as they have failed thousands of victims of the ‘war on drugs’. FORUM-ASIA called on the Council to mandate independent investigations, and regular monitoring and reporting by the High Commissioner.
  • In the Maldives, growing religious extremism threatens human rights and human rights defenders. Prominent human rights organisation, Maldivian Democracy Network, has been dissolved for alleged blasphemy in relation to a report on religious extremism. Extreme interpretations of religion are increasingly used to justify violence and discrimination against women and children. FORUM-ASIA called on Maldives to act urgently to protect human rights defenders from threats by extremist groups, and guarantee the rights to freedom of expression, freedom of association, and freedom of religion or belief and abolish blasphemy in line with international standards.
  • In West Papua, the systematic restrictions on fundamental freedoms continue. FORUM-ASIA called on Indonesia to demilitarise the region, release all human rights defenders and political prisoners facing treason charges in relation to their work on West Papua, and allow the OHCHR and other independent observers unfettered access to monitor the situation in the region.

FORUM-ASIA had also echoed the High Commissioner’s concerns about violence and discrimination against religious minorities in Pakistan. It condemned the recent death sentence against Junaid Hafeez for allegedly violating the draconian blasphemy law and called for his immediate release. It also called on Pakistan to repeal the blasphemy law and take urgent steps to end persecution of religious minorities.

Universal Periodic Review of Kazakhstan

Kazakhstan underwent its third cycle of the Universal Periodic Review in November 2019. Kazakhstan accepted 214 of the 245 recommendations that it received, and the outcomes of the review were discussed at the Council.

FORUM-ASIA delivered a joint statement welcoming Kazakhstan’s cooperation with the UPR and its acceptance of recommendations on eradicating torture and ill-treatment; and strengthening the independence and mandate of its national human rights institution (NHRI) in line with the Paris Principles, as well as recommendations to amend article 174 of the Criminal Code in line with article 19 of the ICCPR.

FORUM-ASIA also expressed regret that key recommendations on the rights to peaceful assembly and association were merely noted. It expressed concern over the lack of protection for those who exercise their right to freedom of expression, and urged Kazakhstan to respect and protect the right to freedom of expression, online and offline.

Kazakhstan did not accept recommendations to adopt comprehensive legislation on non-discrimination based on sexual orientation and gender identity. It must also follow through with the implementation of recommendations from its previous UPR to prohibit discrimination against women.

FORUM-ASIA called on Kazakhstan to accept its remaining recommendations, and to create a concrete, time bound action plan in consultation with civil society and all stakeholders.