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DefendDefenders’ oral statements at HRC55

Oral statements delivered during the 55th session of the UN Human Rights Council (26 February-5 April 2024)

Mr. President, Mr. Special Rapporteur, dear experts and stakeholders, 

This is an important debate. We welcome its enhanced format and encourage further high-level attention at both UN and African levels. We take note of Eritrea’s submission of its second consolidated state report to the African Commission on Human and Peoples’ Rights (ACHPR), in 2023, and draw states’ attention to the long list of recommendations the ACHPR addressed to Eritrea in 2018. It shows that the concerns over the country’s rights record are widely shared. 

Eritrea remains one of the most serious situations in Africa and in the world. Other hu­man rights crises, from the Middle East to Asia to Europe, do not change this fact or dimi­nish the suffering of the Eritrean people. 

Once again, we urge the government to change course and take steps to engage with the inter­national community. In line with its obligations as a member of this Council, the least it could do is co­operate with the Special Rapporteur. This could start with a meeting on the margins of this session and should continue with a country visit. 

Mr. President, 

Eritrea’s 4th UPR is upcoming. We urge states to participate in Eritrea’s review, on 6 May 2024, and to sup­port a resolution extending the Special Rapporteur’s mandate at the Council’s 56th session. All me­cha­nisms and processes are necessary to address Eritrea’s human rights crisis.  

Thank you for your attention. 

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Mr. President, dear Commissioners, 

Once again, we thank you for, and highlight the importance of, your report, which should be read toge­ther with relevant conference room papers and statements. We also draw the Council’s attention to on­going repor­ting by the UN Mission in South Sudan (UNMISS), whose mandate should be renewed by the Security Council next month. 

We cannot overstate the gravity of the situation and risk factors of further violations in South Sudan. In a letter released last week, over 90 NGOs urged a full extension of the Commission’s mandate. “As South Sudan is preparing for its first-ever national elections,” they wrote, “signi­ficant concerns exist not only about the country’s human rights situation but also about the absence of key conditions for the holding of free, fair, secure, and credible elections and about the absence of an enabling environment for civil society.” 

International scrutiny remains vital. The continuation of the Commission’s mandate is the best means to safeguard prospects for future accountability, including through the Hybrid Court for South Sudan, whose establishment continues to be paralysed almost a decade after the initial peace agreement. 

The Commission’s mandate should continue until the reasons that led the Council to establish this vital me­cha­nism have been addressed in a meaningful manner. 

Thank you. 

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Mr. President, Mr. High Commissioner, Mr. Designated Expert, 

We thank you for your report. Almost one year on, the conflict in Sudan continues unabated. All parties to the conflict are responsible for egregious vio­lations that include targeting of and ground attacks on civilians, indiscriminate airstrikes, and attacks on hospitals, schools, medical personnel, humanitarian wor­kers and human rights defenders. In Darfur and beyond, the Rapid Support Forces and affiliated mili­tias have committed un­speakable ethnic-based violations and sexual violence.

In October 2023, in line with a call by 120 NGOs, the Council rightly established a Fact-Fin­ding Mission (FFM) for Sudan. We urge states to pay their contributions to the United Nations to resol­ve the current liquidity crisis and to allow the FFM and other mechanisms to be fully staffed and opera­tional.

We see efforts by the Designated Expert, the High Commissioner, as part of his global mandate, and the FFM as complementary. 

By the 58th session of the Council, a new resolution will be needed to ensure continued reporting by the High Commissioner with the assistance of the Designated Expert. This does not preclude, but rather goes hand in hand, with a mandate extension for the FFM at the Council’s 57th session. 

Sudan should not be allowed to slip down this Council’s list of priorities.

Thank you for your attention. 

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Mr. President, Mr. High Commissioner, 

We thank you for your update and for your opening statement during last week’s High-Level Segment. We share your concerns about the multilateral order and attacks against human rights and those who defend a principled approach, addressing all situations of human rights viola­tions based on their merits and objective criteria. 

We also share your approach to civic space. Without an open space for democratic debate and dissent, without an environ­ment in which human rights defenders and other independent voices are enabled, rather than hindered, the promise of democracy, the rule of law, and equality cannot be realised. 

Mr. President, 

Six African Union members are currently suspended due to unconstitutional changes of government. We are particularly concerned over human rights violations com­mitted in relation to elections on the conti­nent. In 2024, almost half of the world’s population has been, or will go, through elections. 15 African states will. Elections are much more than voting operations on the day of the polls. They are processes. They are about freedom of expression, access to information, peaceful assem­bly and asso­cia­tion, free­dom of movement, and non-discrimination. An open civic space is a sine qua non for free, fair, and cre­dible elections. 

Mr. President, 

As in the Greater Sahel, in Burkina Faso, concerns are mounting over the security situation. We are deeply concerned over reports of forced conscription, including of human rights defenders and junta critics, and over abductions of activists and opposition members. We call for greater international attention to the country’s human rights situation. 

Thank you for your attention. 

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Mr. President, 

DefendDefenders delivered statements in debates on Eritrea, South Sudan, and Sudan under item 2. We reiterate that these situations essentially belong in the Council’s agenda item 4. 

With partners, we repeatedly called for an independent investigation into the assas­sination of human rights lawyer Thulani Maseko in Eswatini. He was killed on 21 January 2023 for advocating for multi-stakeholder dialogue and reviewing the role of Africa’s last absolute Monarch in the Swaziland gover­nance architecture. 14 months later, no perpetrators have been brought to justice. This gives credence to allegations of state involvement in the planning of this cowardly assassination. We call on states to add their voice to those on the African continent, including the African Commission on Human and Peoples’ Rights (ACHPR), who strongly condemned his killing and the violence committed against human rights defenders in Eswatini. 

Mr. President, 

We also reiterate our deepest concerns over the human rights situation in Egypt, by any standard one of the most serious in Africa, as the crackdown on basic freedoms continues. We support partners’ call for collective action at the Human Rights Council. Between the current silence and what is ob­jec­tively needed (an investigative and accountability mechanism), there are a range of options. A joint statement paving the way for a resolution is the bare minimum.  

Finally, Mr. President, 

We express our concern about grave human rights violations and abuses in Mali. The situation in the Sahel region should be a priority concern for regional actors and for this Council. 

Thank you. 

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[Video statement – Original statement: French]

Mr. President, 

I could use the time allocated to me to review recommendations that have been accepted or noted by the Djiboutian government. I could mention that all recommendations pertaining to civic space, human rights defenders, the media, and freedoms of expression, assembly and association (no. 139.63 to 139.80) have been accepted. 

I could highlight that NGOs working on Djibouti have trouble picturing how these recommendations could ever be implemented considering the near-total absence of space for independent voices in the country. 

I could also deplore the authorities’ refusal to ratify international instruments or to extend a standing invi­ta­tion to special procedures. 

I will rather seize this opportunity to remind stakeholders that for six years, following my participation in the 3rd cycle UPR pre-sessions, in April 2018, I have been held hostage in my own country. 

I will remind stakeholders that my case, which has been mentioned every year in the Secretary-General’s report on reprisals, is emblematic of what actors who are not aligned with the government of Djibouti go through. 

Today, I solemnly ask the Djiboutian government to reinstate my freedom of movement by delivering me a new passport. 

I ask those who cherish the UPR process and are serious about preserving the integrity of the Human Rights Council to protect the space civil society has to participate in the UPR by submitting information to members and observers of the Council. 

Finally, I ask those governments that have influence over the Djiboutian authorities to use that influence to bring this travesty to an end. 

Thank you. 

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Mr. President, 

We welcome the acceptance by the Cameroonian government of 220 recommendations. This is over 75% of 291 recommendations it received during its 4th UPR. 

We highlight the commitment to ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OP-CAT), which must now be followed by holistic action to enhance torture prevention in the country. We also welcome Cameroon’s acceptance of recom­men­dations to improve prison conditions and stress the gravity of the situation in this regard, including at the infamous Kondengui Central Prison. 

The acceptance of some recommendations (for instance, no. 35.32 and 35.72) pertaining to the crisis in the North-West and South-West regions, including root causes, is a positive step. The government could have gone one step further by accepting to consider establishing a peace and reconciliation committee aimed at addressing grievances stemming from the conflict and fostering long-lasting peace. In conflict-affected regions, including the Far North, civilians continue to pay a heavy price due to insecurity, impunity, and lack of inclusive processes to address all root causes and grievances. 

Mr. President, 

While we take note of the government’s acceptance of several recommendations pertaining to civic space, including freedoms of expression, peaceful assembly and association, and human rights defenders (HRDs) we can only deplore the gap between the official discourse and the practice. 

On the ground, as documented by civil society organisations, the situation of HRDs deteriorates as they are frequently prevented from carrying out their work due to intimidation, harassment, and other forms of perse­cution at the hands of Cameroonian authorities. HRDs face both reprisals for cooperating with the UN and prosecution by criminal or military courts and violations at the hands of non-state armed groups. 

An indication of the government’s doublespeak can be found in the contrast between vague recommen­da­tions, which have been accepted, and specific, measurable, action-oriented recommen­dations, which have been rejected. It is one thing to accept to “protect human rights defenders” or “guarantee freedoms”; it is another to amend legislation used to unduly restrict rights, end the practice of suspending journalists, and enact protective legislation. The latter are the real test for political will. 

Finally, Mr. President, we call on the international community, including the Human Rights Council, to dedicate adequate attention to Cameroon so it does not become a forgotten crisis. 

Thank you. 

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Mr. President, Mr. High Commissioner, 

We thank you for your report. Once again, we have to take the floor to highlight our deep concerns over the situation in South Sudan. 

Ahead of the Council’s 55th session, 91 NGOs called for an extension of the mandate of the UN Commission on Human Rights in South Sudan (CHRSS) in full. We highlighted that beyond advisory services, South Sudan needs investigations, collection and preservation of evidence, and accountability. 

We highlighted that as South Sudan is preparing for its first-ever national elections, in December 2024, sig­ni­ficant concerns and risk factors of violence and further human rights violations and abuses exist. 

We highlighted that eight years on, the Commission’s work remains vital as the conditions that prompted the Council to establish it, in 2016, have not significantly changed. 

Mr. President, 

To be clear: No one opposes the provision of advisory services to South Sudan, or reporting under item 10. What we say is technical assistance alone is not sufficient or adequate to address the country’s challen­ges. To improve its human rights record, South Sudan first and foremost needs political will

Without political will to address violations and impunity, to establish and operationalize key institutions, and to impose checks and ba­lan­ces on those holding political authority, all the technical assistance in the world will be futile and ineffective. 

Finally, Mr. President, with the above in mind, we call on the Council, in line with its prevention mandate, to stand ready to respond to any deve­lop­ments on the ground. 

Thank you.

 

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