The United Nations Human Rights Council (HRC) held its 52nd session from 27 February to 4 April 2023. The UN Fact-Finding Mission (FFM) on Libya submitted its final report during the session, following the Council’s controversial decision to end its mandate - a decision that will likely encourage unremitting conflict and bloodshed in Libya, as it signals to militias and armed groups in the country that they will not be held accountable for the crimes they commit, warned human rights organizations in a joint statement. The organizations rebuked the Council for its disregard of the important findings of the FFM, and underscored the urgency of continuing to monitor human rights violations and crimes in Libya.

While continuing their campaign against impunity in Libya, the Cairo Institute for Human Rights Studies (CIHRS) and partner human rights organizations advocated for the Human Rights Council to put sustained pressure on the governments of Egypt and Algeria to back up their claims of human rights progress with tangible reforms.

CIHRS and its partner organizations from local, regional and international human rights communities further addressed human rights issues in Syria, Yemen, and Palestine with the scope of their advocacy at the 52nd HRC thus extending to six Arab countries; including through eight oral interventions at the session and six events on its sidelines. The organizations commended the Council’s approval of the Commission of Inquiry on Syria, which stands in stark contrast to its failure to renew the FFM on Libya’s mandate.

HRC52 NGO joint end of session statement

A joint statement.

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.

Libya

The Human Rights Council’s lack of responsiveness towards large-scale atrocities perpetrated in Libya - as signified by its failure to renew the FFM’s mandate - -was denounced by CIHRS and its partners in a joint oral intervention on 1 April:

‘The indifference of this Council and the member states towards the crimes of rape, massacres, human trafficking, and other crimes perpetrated by state and non-state actors against Libyan nationals and migrants alike, is appalling.’

The collective condemnation of the HRC’s inaction on Libya was preceded by CIHRS’ reproach of the Council - in a 22 March oral intervention - for its silence on the ongoing human rights violations in the Middle East and North Africa region, especially in Egypt, Yemen, Algeria and Libya.

Human Rights Council - 52nd Session
Item 10 - Interactive Dialogue - Fact Finding Mission on Libya
Joint Oral Intervention
Cairo Institute for Human Rights Studies (CIHRS)
03 April 2023
Delivered by: Jeremie Smith

As Libyan and international civil society, we extend our sincere gratitude to the experts and staff of the Fact-Finding Mission on Libya(FFM) for its invaluable work to uncover and support accountability for war crimes, crimes against humanity and gross human rights violations that have been and continue to be committed throughout Libya.

It is deeply disturbing that the current follow-up resolution on Libya before this Council completely fails to reflect the reality on the ground, or even acknowledge the large-scale crimes the FFM has described and the profound need for international forms of accountability for these crimes.

The indifference demonstrated by this Council and its member states to large scale rape, massacres, slavery and other crimes being committed by state and non-state actors against both Libyan citizens and migrants is appalling.

The current resolution before this Council sweeps the needs of victims and the upholding of international law under the rug, and will only further entrench impunity for warlords, criminal gangs and mercenaries- groups who, among other crimes, continue to sell women into sexual slavery, assassinate those who attempt to uphold the rule of law and have consistently demonstrated a preference for violence over institutional development and democratic transition.

Libyan and international civil society will continue to pursue international accountability for the ongoing atrocities highlighted by the FFM, both here and elsewhere. We call on governments committed to combating war crimes and crimes against humanity to clearly voice your commitment to this goal and join us in this effort.

United Nations Human Rights Council – Session 52
Item 4 General Debate – Oral Intervention
Cairo Institute for Human Rights Studies (CIHRS)
22 March 2023
Delivered by: Jeremie Smith

The last report of the Group of Eminent Experts on Yemen identified Yemen as a “nation abandoned”.

Each session of this Council it becomes painfully clear that people throughout the MENA region are being abandoned by the international community.

Algeria continues to imprison or attack those who call for democracy, labelling them as terrorists. This Council’s response: Silence.

Egypt is currently enduring the worst human rights crisis in its modern history. This Council’s response: Silence.

Yemen remains one of the world’s largest humanitarian disasters exacerbated by war crimes. Millions of lives hang by a thread. This Council’s response: Let the war criminals write the Council’s resolution on Yemen.

Libya is being run by war lords who kidnap and kill Libyans who call for the rule of law, and whose government will likely pass a law in the coming days that threatens all independent civil society with the death penalty. The Council’s response this session: Ignore the victims – disregard accountability.

In these and other countries countless people continue to risk their lives and freedom to stand-up for human rights and human dignity.

They need the Human Rights Council to stand with them.

In parallel with the 52nd session, CIHRS co-organized a public side event on 6 March entitled ‘Avenues for Accountability in Libya’, which underscored the dire conditions of migrants and refugees and the burgeoning restrictions on local and international civil society operating in Libya. Later in the month on the 27th, CIHRS participated in a public side event that underscored the urgency of maintaining a UN international monitoring mechanism for Libya. The HRC was called on to form a new permanent and independent mechanism to monitor and report crimes in the country, in light of its failure to renew the mandate of the current UN monitoring mechanism in Libya, the FFM.

Algeria

Alongside the Universal Periodic Review on Algeria, CIHRS’ oral intervention on 28 March addressed the Algerian government’s failure to accept recommendations to promote the right to free expression, peaceful assembly and association. CIHRS also highlighted the rise in arbitrary arrests throughout the country, discrediting Algeria’s claims to respect human rights.

Human Rights Council: 52nd Session
General Debate: Item 6
Oral Intervention
Cairo Institute for Human Rights Studies
28 March 2023
Delivered by: Jeremie Smith

The mid-term UPR report submitted by independent Egyptian human rights NGOs to the UN, illustrates the contrast between alleged reforms and the reality of the human rights crisis in Egypt.

The report highlights that Egyptian courts sentenced more people to death in 2022 than it did the year before. It also shows how while Egyptian authorities promoted releasing over 800 prisoners it arrested 2,700 others on political charges. Shortly after the Cairo Institute for Human Rights Studies published the report, authorities blocked its website in Egypt in reprisal.

Human rights defenders, journalists, political activists and even apolitical citizens continue to be arbitrarily detained, while enforced disappearances and torture are systematic. Political prisoners such as Alaa Abdelfatah, Abdelmoniem Abou el-Fotouh, Mohamed al-Qasas are still serving prison sentences handed down in grossly unjust trials.

These violations and many others are sustained by draconian counterterrorism and cybercrimes laws that curtail freedoms of expression, assembly and association.

On November 11, 2022, Algeria’s human rights record was reviewed during its fourth Universal Periodic Review (UPR) before the UN Human Rights Council (HRC). The Algerian delegation now reports that it has accepted 215 of the 290 recommendations received (55 of which the delegation considers already implemented), partially accepted 4, and took note of 70.

The Algerian government refrained from accepting recommendations strengthen the rights to freedom of expression, peaceful assembly, and association, and tackling the issue of arbitrary detentions in the country, including many under the guise of counter-terrorism. The following issues contradict with the claims made by Algeria during its UPR:

The Penal Code still punishes nonviolent speech offensces with imprisonment. As a result, accusations of “offending,” “insulting” or “defaming” public officials and institutions continue to be used to prosecute peaceful critics.

The Algerian authorities have recently suspended and dissolved numerous political parties and civil society organisations, including the Algerian League for the Defense of Human Rights (LADDH).

As of September 2021, approximately 1’000 individuals had been prosecuted for participating in the ‘Hirak movement’ or for posting social media messages critical of the government.

Since 2019, several cases of torture have been reported including those of activist Sami Dernouni and protestor Walid Nekiche.

In June 2021, the Algerian Penal Code was amended by broadening the definition of terrorism and establishing a national list of terrorist persons and entities. terrorism charges are increasingly used to prosecute peaceful dissidents and human rights defenders. We are concerned that Algeria only noted recommendations on this matter.

Independent judges have been subjected to disciplinary proceedings and several lawyers prosecuted for defending their clients or exercising their right to freedom of expression.

On 27 March, CIHRS shed light on the continuous violations committed by the Algerian authorities against human rights defenders and human rights institutions, in an online side event titled ‘Unbridled Destruction of Freedoms in Algeria: What’s Next?’ Participants discussed how anti-terrorism legislation has been used as a pretext to suppress basic freedoms in Algeria, and the implications of this legislation in closing the public sphere and undermining the work of civil society.

CIHRS along with other human rights organizations participating in the closing session, criticized the Council's failure to respond appropriately to the human rights situation in Algeria since, which has been deteriorating since the beginning of the Hirak movement. Civic space has become virtually closed while repression has intensified against activists and others in retaliation for their exercise of fundamental rights and freedom. Trials against human rights defenders are on the rise while the authorities increasingly deploy terrorism and national security legislation to prosecute people who exercise their rights to freedom of opinion, expression, peaceful assembly, and association.

Egypt

CIHRS focused on the contradiction between the reforms alleged by the Egyptian government and the reality of the human rights crisis in Egypt, as confirmed by the mid-term Universal Periodic Review report submitted by Egyptian NGOs. While the government hailed the release of about 800 prisoners, 2,700 others were arrested on political charges. More people were sentenced to death by Egyptian courts in 2022 than in the previous year.

This is what was stated in the report of human rights organizations (Crisis by design), which was presented prior to the 52nd session, on the occasion of the half-term of the Universal Periodic Review of the Egyptian human rights file before the United Nations. The report confirmed the extent of the government’s retreat from the pledges it made during the review process. The authorities even blocked the CIHRS website that published this report.

On 16 March, CIHRS held the Side event ‘Egypt: An Economic and Human Rights Crisis’, which interrogated the human rights initiatives of the Egyptian government, such as the National Human Rights Strategy and the National Dialogue. These initiatives were considered by the speakers at the seminar as mere formalities intended to give the international community the impression that progress on human rights is taking place in Egypt.

Human Rights Council – 52 nd Session
Item 3 – Interactive Dialogue with the Special Rapporteur on Human Rights Defenders
Oral Intervention
March 15, 2023
Delivered by, Sanaa Seif

I’m here to speak about my brother.

Alaa Abd el-Fattah, a British Egyptian activist imprisoned in Egypt because he dared to call for freedom and democracy.

The past 9 years for my family have been about trying to help him survive prison.

We have paid a heavy price: I was imprisoned for 3 years ; my mom and sister were assaulted ; Alaa was tortured and has come close to death.

The real tragedy is that my family's ordeal is not unique. There is around 60,000 others unjustly detained in Egypt.

Last November, at COP27, Prime Minister Sunak, Chancellor Scholz and President Macron called for my brother's release.

For a moment, we were hopeful again. But now it’s been four months – and nothing has happened.

It was devastating to learn governments refused to create a UN investigation that would address brutal repression in Egypt, including Alaa’s imprisonment

Did the words we heard at COP27 mean anything?

I hope so.

There is a human rights crisis in Egypt and the Council needs to address it.

We urge you not to fail us next session.

Thank you.

The same issue was addressed by CIHRS oral intervention before the Council on 15 March,, which was delivered by the activist Sanaa Seif, in which she criticized the Member States’ retreat from pressuring the Egyptian authorities to improve the human rights situation in Egypt after the COP27 climate conference, and how these countries broke their promises in many human rights files, including the case of her brother, the detained Egyptian/British activist Alaa Abdel-Fattah.

This was also addressed in a joint oral intervention supported by CIHRS on 15 March before the Council. The signatory organizations supported the UN High Commissioner’s call on the Egyptian government to release political prisoners and lift restrictions on the public sphere.

At the session’s close, CIHRS and other human rights organizations from around the world expressed their regret at the Council's failure to respond to the crisis in Egypt and called for a UN resolution on Egypt’s human rights situation to be adopted the next session.

Human Rights Council – 52 nd Session
Item 3 – Interactive Dialogue with the Special Rapporteur on Human Rights Defenders
Joint Oral Intervention
March 15, 2023
Delivered by: Hossam Bahgat

We commend the Special Rapporteur for choosing ‘resilience’ as the theme of her report, and for highlighting how the simple survival of defenders is sometimes itself a form of success.

In Egypt, the human rights movement has survived for nearly 40 years under constant harassment, restrictions, criminalisation, and even imprisonment. As the High Commissioner noted in his annual update, only last week four defenders from the Egyptian Coordination for Rights and Freedoms received harsh prison sentences, under baseless terrorism charges, following an unfair trial by an emergency court that does not allow appeal.

Despite repeated calls by the Special Rapporteur, prominent rights lawyer Mohamed El-Baqer remains in prison, four years after his arrest inside a courtroom while representing another political prisoner.

Almost every independent Egyptian rights defender, including myself, remains under indefinite travel ban and asset freezes for over seven years now, under investigations in the infamous Case 173.

Survival could indeed be a form of success, but our survival alone is of little consolation to the countless victims of systemic abuses in Egypt. They need this Council to live up to its mission and address the situation in Egypt as it faces its worst-ever human rights crisis.

We join the High Commissioner in calling on the Egyptian government to immediately release all political prisoners and lift restrictions on civic space.

Syria

In their final oral intervention, CIHRS and other participant human rights organizations welcomed the mandate renewal of the UN Commission of Inquiry on Syria, and called for sustained scrutiny and accountability for the gross human rights violations committed in the country. The intervention also welcomed the language contained in the resolution in support of establishing an international mechanism for missing persons in Syria, calling on UN member states to support such a mechanism in the General Assembly.

In a joint oral intervention delivered on 21 March, CIHRS and the Syrian Center for Media and Freedom of Expression supported the efforts of the Independent International Commission of Inquiry on Syria to continue monitoring and documenting violations of human rights and international humanitarian law. The organization affirmed the need to adhere to the recommendations of the Independent Investigation Commission to refer the Syrian file to the International Criminal Court, and to hold accountable all those involved in war crimes and crimes against humanity.

Human Rights Council – 52nd Session
Item 4: Interactive dialogue with the International Commission of Inquiry on Syria
Joint Oral Intervention: Cairo Institute for Human Rights Studies and Syrian Center for Media and Freedom of Expression
21 March 2023
Delivered by: Yara BADER

Thank you, Mr. President

The Syrian Center for Media and Freedom of Expression (SCM) expresses its appreciation for the efforts of the Independent International Commission of Inquiry on Syria in continuing to monitor and document gross violations of human rights and international humanitarian law throughout Syria. This monitoring will assist in the investigation of those responsible for the most serious crimes since March 2011 and prosecuting them.

Human rights violations that require special attention from the Human Rights Council, include extrajudicial killings, and systematic torture practices, including sexual and gender-based violence in detention. These violations also require that all parties, and in particular the Syrian government, release arbitrarily detained persons, stop enforced disappearance, and take all measures to locate all detainees and disappeared persons, revealing their fate or whereabouts, and enable them to communicate with their families.

Excellences,

We appeal to the Human Rights Council once again to demand that the Syrian government grant the Commission of Inquiry, the Office of the High Commissioner for Human Rights, other United Nations human rights mechanisms, experts, and civil society activists immediate and unrestricted access to all parts of the country, and enable them to carry out their duties of monitoring and documenting the human rights situation in Syria. We also endorse the recommendations of the Independent Commission of Inquiry to refer the Syrian file to the International Criminal Court to hold accountable all those involved in committing very grave crimes that amount to war crimes and crimes against humanity.

Thank you

Yemen and Palestine

On 6 March, CIHRS participated in a public side event parallel to the session, titled: ‘Charting a Path to Sustainable Peace in Yemen’ during which civil society representatives gave recommendations to the HRC, member states, and civil society towards achieving lasting peace amid the current humanitarian crisis in the country, potentially in tandem with UN mechanisms and local Yemeni leaders.

On 28 March, CIHRS participated in a public side event parallel to the session under the title ‘Denied Home, Denied Family: Palestinian Residency and Citizenship Rights Under Apartheid.’ The event discussed Israel's discriminatory laws and policies regarding residency and citizenship rights of the Palestinian people, and how these policies contribute to the fragmentation and isolation of Palestinians under Israel’s unlawful apartheid regime.

Further Developments at the 52nd HRC

It is also worth noting that the 52nd session of the United Nations Human Rights Council witnessed the renewal of the mandate of the Special Rapporteur on human rights defenders, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, and the Special Rapporteur on child trafficking, sexual abuse and exploitation. The United Nations Special Rapporteur on Cultural Rights also presented her report on cultural rights and migration, which acknowledged that artists and intellectuals face serious challenges despite their influential role in the cultural and social integration of vast numbers of displaced persons and migrants worldwide.