Disappointments at the UN, but we must not let the challenges obscure the good that it can achieve

Earlier this month, the UN General Assembly (UNGA) voted to elect 14 new members to the Human Rights Council (HRC) to serve from 2023 to 2025. Among those elected were Sudan and Vietnam. The former was selected in a clean slate election, meaning that the number of candidates equaled the number of seats available, while the latter defeated Afghanistan and the Republic of Korea (South Korea). 

The election of both of these states is deeply disappointing.  

Sudan is currently led by a military leader who seized power illegally from the civilian-led transitional government in an October 2021 coup, and where the past year has been characterized by the killing and brutalising of peaceful protesters, and attempts to reverse the limited human rights gains made under the transitional government, including in relation to the right to freedom of religion or belief (FoRB). 

The Vietnamese Communist Party (VCP) has led the northern part of Vietnam since 1954, and took control of the rest of the country in 1975, following the collapse of the South Vietnamese government. During that time, the VCP has repeatedly violated human rights, including FoRB and land rights, whilst routinely targeting those who request or advocate for such rights with harassment, arbitrary detention, imprisonment, physical violence and even torture

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Human Rights Day: Standing up and speaking out until everyone is free to believe

Today is Human Rights Day. It marks the 73rd anniversary of the United Nations (UN) General Assembly’s adoption of the Universal Declaration of Human Rights (UDHR), a milestone document which proclaims the inalienable rights that everyone is entitled to as a human being.

Article 18 of the UDHR declares “Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.”

It conveys the principle that everyone should be free to believe whatever they choose to believe; however, in many countries around the world, individuals have not only been denied this freedom, but their physical freedom also on account of their religion or belief.

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Remembering the Victims of Acts of Violence Based on Religion or Belief

There have been numerous case examples of acts of violence based on religion or belief from every corner of the world – but one that repeatedly stands out for me is the incident that occurred back in 2008, in Kandhamal district, Odisha, India.

Kandhamal is home to some of the poorest and most marginalized communities in Odisha. On 25 August 2008, it was the epicentre of widespread communal violence targeting the Christian community. Local monitoring groups estimate that over 90 people were killed with at least 54,000 displaced, over 300 churches destroyed, and unknown numbers of women brutally sexually assaulted by groups belonging to the Rashtriya Swayamsevak Sangh (RSS) that espouse Hindutva ideology. More than a decade on, and most of the victims are yet to receive justice. In addition, attacks on religious minorities and on freedom of expression continue, and a lack of official condemnation towards acts of intimidation and violence has further empowered these groups. 

International Day Commemorating Victims of Acts of Violence Based on Religion or Belief

In 2019, in an effort to recognise, respond to and prevent such acts from occurring, the United Nations General Assembly (UNGA), designated 22 August as the International Day Commemorating the Victims of Acts of Violence Based on Religion or Belief.

The resolution establishing the international day does not highlight any specific religion or belief group, but refers to all victims, regardless of creed. It strongly deplores all acts of violence against persons on the basis of their religion or belief specifically, and “any such acts directed against their homes, businesses, properties, schools, cultural centres or places of worship, as well as all attacks on and in religious places, sites and shrines that are in violation of international law”.

Remarkably, the resolution received broad support and recognition from UN Member States across the world. It was tabled by Poland alongside Brazil, Canada, Egypt, Iraq, Jordan, Nigeria, Pakistan and the USA, and subsequently cosponsored by over 80 states, including the UK. However, with global recognition comes global responsibility; both the responsibility to commemorate victims of acts of violence based on religion or belief, and the responsibility to protect and promote the right to freedom of religion or belief (FoRB) for all.

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The United Nations Human Rights Committee Unpacked

What is the Human Rights Committee?

The United Nations Human Rights Committee (HRCttee) reviews the commitments of States to, and implementation of, the International Covenant on Civil and Political Rights (ICCPR). All States party to the ICCPR are required to report to this treaty body comprised of independent experts after the first year of acceding to the ICCPR, and then at regular intervals thereafter.

The State under review is supposed to report on how well it feels it has been implementing the Articles of the ICCPR. This report is examined by the HRCttee members alongside submissions from civil society actors before each review, after which the State is questioned on its human rights record and commitment to the ICCPR. Violations, cases of concern, and constitutional inconsistencies are among some of the issues highlighted by the Committee during its review.

Once the concerns have been addressed, a document outlining the Committee’s concluding observations, i.e. its concerns and recommendations to the State Party, is published.

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FoRB on the Frontlines: It’s Time to Defend the Defender

Over the past month CSW has been speaking with HRDs across South Asia to find out what it means to be a FoRB defender in the region. Today, International Human Rights Day, we present a guest blog post by Michel Forst, the UN Special Rapporteur on the Situation of Human Rights Defenders.

“Human rights defenders are those community and religious leaders, journalists, activists, lawyers, trade unionists and others who take on the plight of the most marginalised in their society. These defenders of human rights represent people in the face of oppression, violence and harassment, doing what they can to hold perpetrators to account, and uphold the human rights enshrined in the Universal Declaration on Human Rights (UDHR), among many other resolutions that states across the world are committed to upholding. Many of these defenders face the same intense persecution as those they seek to defend, with many facing threats and risks of violence, torture and even death on a daily basis.

That is why, this year, I joined calls to award the Nobel peace prize to the global community of human rights defenders – especially as we celebrate the 20th anniversary of the Declaration on Human Rights Defenders on 10 December.

As the Special Rapporteur on the Situation of Human Rights Defenders, I believe that this declaration must be given foremost importance amongst the international community moving forward, with regards to the protection and sanctity of all human rights worldwide. Indeed, this year the recipients of the Nobel peace prize were human rights defenders Denis Mukwege and Nadia Murad, further proof that the work of HRDs worldwide helps to bring about lasting change, peace and reconciliation.

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