Leading human rights NGOs have called on all Member States of the UN Human Rights Council to vote against Russian-led amendments to an important resolution on “the promotion of protection of human rights in the context of peaceful protests” (HRC/res/31/L.21). The proposed amendments, if adopted, would significantly weaken the resolution. It would shift the focus of the HRC away from States obligations in protests under international human rights law and instead establish dangerous UN language on the collective responsibility for organisers of protests, participants and third parties.
The draft resolution on “the promotion of protection of human rights in the context of peaceful protests” (Draft resolution L.21), tabled by Switzerland, Turkey and Costa Rica, seeks to welcome the joint report of UN Special Rapporteurs “on the proper management of assemblies” and the practical recommendations it outlines.
ARTICLE 19 has welcomed the joint report of the UN Special Rapporteurs when they were presented earlier at the HRC’s 31st Session, and encouraged all stakeholders to use them to enhance the promotion and protection of human rights in all assemblies, including in protests.
However, the Russian Federation is seeking through eight draft amendments (L. 72 – L. 79) to weaken or remove all references to the joint report, as well as to narrow references in draft resolution L.21 to the human rights that are at stake in protests.
Most concerning is draft amendment L.75, which seeks introduce to the resolution a requirement for states to ensure organisers of protests are “cognizant” of their “duties and responsibilities” vis-a-vis the actions of other participants and third parties. The amendment would deflect the HRC’s focus from its primary concern: the international human rights obligations of States. There is no authority in international human rights law to support the proposition that organisers or participants in an assembly should be collectively responsible for the actions of others, which is why it is essential that States vote to reject the amendment.
The resolution on the promotion and protection of human rights in the context of peaceful protests will be considered for adoption as the HRC’s 31st Session concludes on 24th March 2016, together with the Russian-backed amendments unless they are withdrawn. It is anticipated that even if the draft amendments are rejected, the Russian Federation will still call a vote on the resolution as a whole.
ARTICLE 19 calls on the Russian Federation to withdraw all of the draft amendments, and to support the consensus adoption of the resolution. Failing this, we urge Member and Observer States of the HRC to co-sponsor draft resolution L.21, and we call on all Member States to reject the draft amendments and vote in favour of the resolution as tabled.
The full list of organisations that joined the advocacy letter is:
ARTICLE 19
American Civil Liberties Union (ACLU)
Amnesty International
Asian Forum for Human Rights and Development ( FORUM-ASIA )
Bahrain Institute for Rights and Democracy (BIRD)
CIVICUS: World Alliance for Citizen Participation
DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
Egyptian Initiative for Personal Rights (EIPR)
European Center for Not-for-Profit Law (ECNL)
Gulf Centre for Human Rights (GCHR)
Human Rights House Foundation (HRHF)
Hungarian Civil Liberties Union
International Center for Not-for-Profit Law (ICNL)
International Lesbian and Gay Association (ILGA)
International Service for Human Rights (ISHR)
Nazra for Feminist Studies
Punto24, Turkey (P24)
Reporters Without Borders (RWB/RSF)
World Movement for Democracy