--- title: "CIHRS at the 42nd Session of the United Nations Human Rights Council" slug: "cihrs-at-the-42nd-session-of-the-united-nations-human-rights-council" post_type: "post" published_at: "2019-11-14T13:37:53+01:00" modified_at: "2026-04-30T08:32:56+01:00" author: "CIHRS" url: "https://cihrs.org/cihrs-at-the-42nd-session-of-the-united-nations-human-rights-council/?lang=en" category: - "International Advocacy Program" - "United Nations Human Rights Council" causes_and_rights: - "Accountability" - "Arbitrary Detention" - "Protection of Civilians" - "Protection of Human Rights Defenders" - "Segregation and racial discrimination" country: - "Egypt" - "Gulf Cooperation Council countries" - "Libya" - "Palestine" - "Saudi Arabia" - "Sudan" - "Yemen" - "Gulf Cooperation Council countries" field: - "Regional and International Protection and Advocacy" interest: - "Statements and Positions" protection_and_advocacy: - "United Nations Human Rights Council" --- # CIHRS at the 42nd Session of the United Nations Human Rights Council The Cairo Institute for Human Rights Studies (CIHRS) engaged in the 42nd session of the United Nations Human Rights Council, held from September 9-27 in Geneva, Switzerland. CIHRS’ advocacy centered on six countries: Saudi Arabia, Egypt, Palestine, Libya, Sudan, and Yemen. CIHRS’ work, together with its partners from regional and international civil society, contributed to progress towards accountability in Libya and Yemen. At a CIHRS’s sponsored side event Ghassan Salamé, head of the UN Support Mission in Libya (UNSMIL) called for the establishment of a Commission of Inquiry (COI) into violations of human rights and international humanitarian law in the Libya conflict. The event gave new momentum to international efforts to establish such a COI at the next Council session. On Yemen, CIHRS advocacy contributed to the renewal of the mandate of the Group of Eminent Experts on Yemen (GEE). This is an important step in maintaining human rights and accountability for violations as a key element of ongoing international efforts to bring the conflict to an end. Other achievements included a second cross-regional statement this year condemning human rights violations in Saudi Arabia and the absence of accountability for the murder of journalist, Jamal Khashoggi. Assistant Secretary General Andrew Gilmour, who spoke on a panel with CIHRS director Bahey Eldin Hassan, identified Egypt as a country that engages in “appatern of reprisals” against those who engage with the UN. --- --- --- # Palestine # UN High Commissioner must uphold Palestinian rights despite political pressure --- During the 42nd Session of the UN Human Rights Council (the Council), held from September 9-27, the Cairo Institute for Human Rights Studies (CIHRS) and its partners continued to advocate for concrete measures to ensure accountability and bring an end to Israeli impunity, including a focus on corporate complicity in Israel’s settlement enterprise. CIHRS and its partners engaged with the OHCHR and member states to follow up on the implementation of the UN Commission of Inquiry’s recommendations on the 2018 protests in Gaza to ensure the operationalization of the monitoring and accountability recommendations. The oral update on the Commission of Inquiry delivered by High Commissioner, Michelle Bachelet, on 10 September 2019, failed to address the root causes of the Great Return March demonstrations, including the 12-year blockade imposed on the Gaza Strip. CIHRS and its partners delivered two joint statements during the debate with the High Commissioner on 11 September 2019, highlighting the Gaza closure as an underlying cause of the ongoing demonstrations. ▸Calling on member states to implement the Commission of Inquiry’s recommendations on Gaza- UN Human Rights Council 42nd Session - Joint Oral Intervention - Interactive Dialogue - Item 2 Oral Update on COI Gaza - 10 September 2019 Thank you Mr. President and High Commissioner Bachelet, The dire situation in Gaza has been allowed to continue for far too long. The international community must seize this opportunity to take action now to protect the Palestinians of Gaza. Every week since 30 March 2018, Palestinians in Gaza have taken part in the Great March of Return protests calling for an end to Israel’s illegal 12-year closure and blockade of Gaza and affirming the right of Palestinian refugees to return to their homes and property. Israeli occupation forces have continued their unlawful use of live ammunition and excessive force to target civilians participating in the weekly demonstrations. During demonstrations last Friday two children were killed, and 93 Palestinians were injured, including 45 children. \[1\] As 6 September 2019, Israeli forces have killed a total of 211 Palestinians and injured 18,085 more, including children, persons with disabilities, and clearly marked paramedics and journalists. Israeli occupation forces have committed severe violations of international human rights law and humanitarian law against protesters in Gaza, which likely constitute war crimes and crimes against humanity, as confirmed by the Commission of Inquiry’s findings.\[2\] However, the absence of accountability mechanisms from the international community has emboldened the Israeli Government to continue to perpetrate violations with impunity. Israel has repeatedly scorned its international obligations and has taken no steps to genuinely implement the Commission’s recommendations to investigate and prosecute the perpetrators, ensure remedies to Palestinians injured and killed during the protests, and immediately end its closure of Gaza. The Israeli Government’s unwillingness to end its unlawful use of excessive and lethal force against civilians and provide accountability for its actions renders it imperative for Member States to urgently implement the Commission’s recommendations and to take the necessary concrete steps to uphold the rights of Palestinians in Gaza. These steps include withholding any financial and arms assistance to Israel that support its unlawful conduct and activating universal jurisdiction mechanisms to hold the perpetrators of these crimes accountable. Our organizations\[3\] further call on Member States to urge the International Criminal Court to begin its review of the High Commissioner’s dossier on alleged perpetrators. Thank you Mr. President and High Commissioner. \[1\] Al Mezan Center for Human Rights, “Two Children Killed and 93 Wounded at Demonstrations in Gaza,” 6 September 2019, available at: . \[2\] OHCHR “No Justification for Israel to Shoot Protesters with Live Ammunition,” 28 February 2019, available at: [https://www.ohchr.org/EN/HRBodies/HRC/Pages/NewsDetail.aspx?NewsID=24226&LangID=E](https://www.ohchr.org/EN/HRBodies/HRC/Pages/NewsDetail.aspx?NewsID=24226&LangID=E). \[3\] Cairo Institute for Human Rights Studies, Al Mezan Center For Human Rights, Al-Haq “Law in the Service of Man”, Badil Resource Center for Palestinian Residency and Refugee Rights. Community Action Center – Al Quds University, Civic Coalition for Palestinian Rights in Jerusalem, NGOs without consultative status, also share the views expressed in this statement. Speaking before the council, the organizations reaffirmed: “*The Commission of Inquiry called on Israel to lift the Gaza blockade with immediate effect. We urge the Office of the High Commissioner to set a clear time frame for the implementation of the Commission’s recommendations. Ultimately, we urge Member States to pursue international justice and accountability and to call for the opening of an ICC investigation into the situation in Palestine*.” The organizations called on Member states to implement the Commission’s recommendations, including by withholding financial and arms assistance to Israel that supports its unlawful conduct, and by activating universal jurisdiction mechanisms to hold the perpetrators of crimes accountable. ▸Calling on member states to pursue international justice and accountability for human rights violations in Gaza- 42nd Regular Session of the United Nations Human Rights Council - Joint Oral Intervention by Nuriya Oswald - **Al-Haq – Law in the Service of Man, Al Mezan Center for Human Rights, the Palestinian Centre for Human Rights (PCHR), BADIL Resource Center for Palestinian Residency and Refugee Rights, and Cairo Institute for Human Rights Studies, NGOs in Special Consultative Status with the United Nations Economic and Social Council** - Item 2 - Oral Update by the High Commissioner on the Commission of Inquiry on Gaza - **General Debate** 11 September 2019 Thank you, Mr President, Madame High Commissioner, We are seriously concerned as to the ongoing deterioration in the Gaza Strip as a result of 12 years of prolonged closure and blockade by Israel, the Occupying Power. We regret that the closure, which has made Gaza uninhabitable and amounts to unlawful collective punishment, was absent from the High Commissioner’s update to the Council at the opening of the 42nd session, despite being a root cause of the Great Return March. Palestinians in Gaza, including children, have continued to exercise their right of peaceful assembly since 30 March last year, protesting Israel’s unlawful closure and calling for the realisation of their inalienable rights, including the right of Palestinian refugees to return to their homes and property. Your Excellencies, Since 2012, the UN has repeatedly warned that Gaza will become uninhabitable by 2020. Today, Israel’s 12-year closure has led to profound and unparalleled levels of aid-dependency, food insecurity, poverty, unemployment, widespread psychological trauma and desperation. Gaza’s health sector is on the verge of collapse. Hospitals face shortages in medicines and are unable to treat the thousands of injuries from the demonstrations. As a result, Gaza has already become unliveable. The Commission of Inquiry called on Israel to lift the Gaza blockade with immediate effect. We urge the Office of the High Commissioner to set a clear time frame for the implementation of the Commission’s recommendations. Ultimately, we urge Member States to pursue international justice and accountability and to call for the opening of an ICC investigation into the situation in Palestine. Thank you. To maintain the recommendations of the Commission of Inquiry on the agenda of Member States, CIHRS and its partners organized an event “Gaza 2020: Uninhabitable.” The event highlighted the situation in the occupied Gaza Strip resulting from Israel’s prolonged closure, which amounts to unlawful collective punishment. Since 2012, the UN has warned that Gaza will become uninhabitable by 2020 if Israel fails to reverse its de-development policy. In March 2019, the UN Commission of Inquiry on the 2018 protests in the occupied Palestinian territory called on Israel, the Occupying Power, to bring its 12-year unlawful closure of the Gaza Strip to an end with immediate effect. In particular, the prolonged closure remains a fundamental motivating force behind the ongoing Great Return March demonstrations in the Gaza Strip. The panel of speakers stressed the urgent need for accountability, including the implementation of the Commission of inquiry’s recommendations to end the closure, and a revision of Israel’s rules of engagement for the use of live fire against protestors. The panelists highlighted that impunity will prevail without effective remedies for victims and guarantees of non-repetition. --- In the context of the ongoing campaign for the release of the UN database of businesses operating in Israeli settlements, on 27 August 2019, 103 local, regional and international organizations delivered a [joint letter](https://cihrs.org/more-than-100-organisations-call-for-the-release-of-the-un-database-of-businesses-engaged-in-activities-with-israeli-settlements/?lang=en) to the High Commissioner, Madam Bachelet, and called on her to release the UN database of businesses during the 42nd Human Rights Council session. In a statement to the Human Rights Council, CIHRS and its partners expressed deep concern that the High Commissioner did not publish the Database in the Council’s 42nd session and called on her to fulfill her mandate, in its entirety, without any further delay and to commit to regular updates. Several Member States also raised concerns regarding the High Commissioner’s decision not to release the database during the 42nd Human Rights Council session. In a statement on 23 September 2019, South Africa clearly reaffirmed its position in support of the Database, saying “*My delegation would be grateful for an explanation from the High Commissioner for the failure of her Office to publish the database of companies benefiting from economic activity in Israeli settlements in the Occupied Territory pursuant to Resolution 31/16. It cannot be that the powerful and monied continue to abuse the human rights of Palestinians in the name of profit*.” In the end of session statement, CIHRS and its partners denounced the double standards related to the publication of a list of companies contributing to human rights abuses in Myanmar while the database of businesses facilitating Israel’s illegal settlements was not released, two and a half years after its mandated release. In the statement, civil society organizations, called on the President of the Human Rights Council to confer with the High Commissioner and advise as soon as possible when this important Council mandate will be fulfilled. Following the session, CIHRS and eight other organizations issued a [j](https://cihrs.org/9-organizations-call-for-immediate-release-of-un-database-on-settlement-business-activities/?lang=en)[oint statement](https://cihrs.org/9-organizations-call-for-immediate-release-of-un-database-on-settlement-business-activities/?lang=en) reiterating their serious concern and disappointment regarding the decision by the United Nations (UN) High Commissioner for Human Rights not to publish and transmit the database of all businesses engaged in Israel’s unlawful settlement enterprise in the occupied Palestinian territory to the Council at its 42nd session. The organizations noted: *The OHCHR’s failure so far to fulfil the mandate, explicitly stipulating the transmission of the data gathered, is of deep concern, particularly in light of consistent reports of political interference by some states in the implementation of this resolution… In order to protect and uphold the human rights of Palestinians and the integrity of OHCHR, it is imperative that the High Commissioner immediately publish and transmit the Database to the Council, including the names of all companies listed, and commit to the annual update of its contents.* ▸Calling for the UN High Commissioner to release the Database of businesses operating in illegal Israeli settlements- 42nd Session- United Nations Human Rights Council - Joint Oral Intervention: Item 7 - General Debate Human Rights Situation in Palestine and Other Occupied Arab Territories - Cairo Institute for Human Rights Studies (CIHRS) - 23 September 2019 Delivered by: Nada Awad Thank you Mr. President, Our organizations\[1\] express their deep concern over the ongoing widespread and systematic human rights violations committed by Israel against the Palestinian people. The violations have been enabled by a lack of political will for accountability from the international community. The Government of Israel has continued to expand its illegal settlement enterprise in the occupied Palestinian territory at an accelerating rate with total impunity, while Israeli officials have increasingly called for annexation of parts or all of the occupied West Bank by Israel, in flagrant violation of international law. Over three years ago, the Human Rights Council took a tangible step to uphold Palestinian rights when it mandated the publication of a database of all businesses engaged in listed activities related to Israel’s unlawful settlement enterprise in resolution 31/36 of March 2016. The release of the UN database would provide a degree of transparency over settlement business activities and other enterprises and a pathway for accountability for corporate complicity in violations of international humanitarian and human rights law committed in the occupied Palestinian territory. Unfortunately, the Office of the High Commissioner for Human Rights has repeatedly delayed the publication of the UN database, including company names, and has fallen short of fulfilling its mandate under resolution 31/36. We therefore urge the High Commissioner to fully implement the mandate, by publishing the UN database, in its entirety, without any further delay, and committing to regular updates, as a first step towards ensuring respect for international law in the occupied Palestinian territory, and the protection of Palestinian rights. Thank you Mr. President. \[1\] Cairo Institute for Human Rights Studies, Al Mezan Center for Human Rights, Al-Haq “Law in the Service of Man”, Habitat international coalition - housing and land rights network. Community Action Center – Al Quds University, Civic Coalition for Palestinian Rights in Jerusalem, NGOs without consultative status, also share the views expressed in this statement. --- --- # Yemen # Strengthening the only international investigation into war crimes in Yemen --- CIHRS in close collaboration with Mwatana for Human Rights, and their partners, continued efforts to ensure accountability for those responsible for war crimes and human rights violations in Yemen, with the aim to counter pervasive impunity and deter further violations. Following extensive advocacy in capitals, CIHRS and its partners, including Mwatana for Human Rights, continued to engage with a wide range of actors to advocate for the renewal and the strengthening of the mandate of the Group of Eminent Experts (GEE) on Yemen. The GEE is the only international and independent mechanism which investigates human rights violations committed by all parties to the conflict in Yemen. In this context, on 13 September 2019, CIHRS and Mwatana met with the High Commissioner, Madam Bachelet, to update her on the situation in Yemen, the latest developments from the ground and to stress the importance of accountability in fighting ongoing impunity in the country. --- ▸Calling on member states to support the strengthening of the GEE mandate- UN Human Rights Council: 42nd Session - Agenda Item 2: Interactive Dialogue - Joint Oral Intervention - 10 September 2019 - Delivered by: Osamah Al-Fakih Thank you Mr. President, This statement is delivered on behalf of the Cairo Institute for Human Rights Studies, Mwatana for Human Rights, Amnesty International, International Federation for Human Rights, PAX, International Service for Human Rights, Gulf Centre for Human Rights, Global Centre for the Responsibility to Protect.\[1\] Distinguished member states, we urge you to strongly support the renewal and strengthening of the Group of Eminent Experts’ mandate. The situation in Yemen requires nothing less. We welcome the GEE’s report, which highlights the responsibility of all parties to the conflict in Yemen for the continuous deterioration of the human rights situation. Parties to the conflict continue to carry out human rights abuses, serious violations of international humanitarian law and acts that may amount to war crimes. The warring parties continue to show complete disregard of international law, and to enjoy impunity for their abuses. On the 31st of August, an airstrike conducted by the Coalition on a Houthi detention center killed more than 100 people. The Houthis held about 170 civilians and fighters in the center, including at least seven children. Four of those children were killed in the coalition attack. The Human Rights Council is the only international venue open for Yemeni victims. It is time for states to act to deter further violations and protect civilians, including by supporting a strong, independent investigation on Yemen, and by ending arms sales to parties to the conflict, which are likely to be used to commit violations in Yemen. The deterioration of the situation in Yemen requires not only the renewal of the GEE’s mandate but also its strengthening. The GEE itself recommended that the Council give it a clear mandate to collect and preserve evidence of alleged violations, and ensure that adequate resources are provided to the group to ensure continuity of operations. States should make clear that the GEE’s mandate includes conducting investigations in order to ensure accountability for perpetrators and justice for victims. State parties should support the report’s recommendation that a “comprehensive accountability process” be established in order to achieve long-term peace and stability in Yemen. Supporting the GEE and strengthening its mandate, are first steps in this direction. Thank you, Mr President. \[1\] Cairo Institute for Human Rights Studies, Amnesty International, International Federation for Human Rights, International Service for Human Rights, PAX. Mwatana for Human Rights, Gulf Centre for Human Rights, Global Centre for the Responsibility to Protect, NGOs without consultative status, also share the views expressed in this statement. --- The GEE presented its report on 10 September 2019 and highlighted the ongoing human rights violations that are likely to amount to war crimes committed by all parties to the conflict. Saudi Arabia and the Arab group boycotted the session. The Arab group attempted to delegitimize the work of the GEE and called on member states to put an end to the mandate of the GEE arguing that the Yemeni national commission of inquiry can address all human rights violations in the country. Civil society made clear that the international community should send a clear message that “obstructionism is not rewarded, as Yemen, Saudi Arabia, the UAE and other coalition members continue to deny the GEE’s findings, to refuse to cooperate with the Group, and refuse to act on key recommendations formulated by the GEE”. Mr. Kamel Jendoubi, chairperson of the GEE, said before the Council, “*This endemic impunity… cannot be tolerated anymore. Impartial and independent inquiries must be empowered to hold accountable those who disrespect the rights of the Yemeni people*.” The experts documented airstrikes, the use of shelling and snippers, landmines, starvation as a method of warfare, arbitrary arrest, torture, sexual violence, recruitment of children in the conflict, among other violations. The members emphasized that there is no safe place for Yemenis and that 24 million Yemenis, 80% of the population, is estimated to be dependent on humanitarian assistance. They reiterated that in order to reach a political solution in Yemen, accountability is essential. Following the presentation of the Group of Eminent Expert’s report, CIHRS and its partners engaged in the interactive dialogue with the GEE. Osamah Al-Fakih, advocacy director at Mwatana for Human Rights, said in the Human Rights Council “*Parties to the conflict continue to carry out human rights abuses, serious violations of international humanitarian law and acts that may amount to war crimes*. *The warring parties continue to show complete disregard of international law, and to enjoy impunity for their abuses*.” On behalf of a group of local, regional and international organizations, he advocated for the strengthening of the mandate and called on member states to “*make clear that the GEE’s mandate includes conducting investigations in order to ensure accountability for perpetrators and justice for victims. State parties should support the report’s recommendation that a “comprehensive accountability process” be established in order to achieve long-term peace and stability in Yemen*.” CIHRS also joined Save the Children in a statement before the Human Rights Council, which called for the renewal and strengthening of the mandate of the Group of Eminent Experts on Yemen, including through “*a focus on accountability, evidence preservation, public reporting*”. --- ▸Calling on member states to continue to pursue international justice and accountability in Yemen- **United Nations Human Rights Council** - **42nd session** - **10 September 2019** - **– ID on HC report on Yemen** **Joint oral statement by Save the Children and 12 Civil Society Organizations** **Urgent need to address the humanitarian crisis in Yemen and its impact on the most vulnerable** **populations** **A call for renewal and strengthening of the mandate of the Group of Eminent Experts** Mr. President, This statement is on behalf of Save the Children and 12 civil society organisations[\[1\]](#_ftn1). Yemen remains the world’s worst humanitarian crisis. Over 24 million people require some form of humanitarian assistance and protection[\[2\]](#_ftn2). Fighting throughout the country remains of grave concern, with recent fighting in southern Yemen threatening to destabilise the country further. Humanitarian access remains challenging with more than 7.5 million vulnerable people living in districts with considerable access constraints[\[3\]](#_ftn3). Parties to the conflict continue to deny or delay the delivery of humanitarian services into and throughout the country. Civilians are bearing the brunt of the conflict. We are witnessing an escalation in human rights violations and breaches of International Humanitarian Law (IHL), including attacks on critical civilian infrastructure such as health facilities, food and livelihood infrastructures. Renewed action is necessary to hold all parties to the conflict accountable for violations of international law. Member States should: - Call on all parties to the conflict to comply with their obligations under IHL, take immediate measures to prevent and end violations against civilians, support all steps to avoid harm to civilians and civilian infrastructure; for authorities to implement the Safe Schools Declaration*;* and ensure full access for humanitarian goods and services; - Renew and strengthen the mandate of the Group of Eminent Experts on Yemen, including a focus on accountability, evidence preservation, public reporting, and expertise on gender and children in armed conflict; - Suspend the sale or transfer of arms, munitions and related materials to all parties to the conflict; - Engage all parties to the conflict to finding a peaceful, sustainable and implementable political solution that is inclusive and accountable to women, youth, children, minority groups and civil society. [\[1\]](#_ftnref1) Norwegian Refugee Council, International Rescue Committee, Oxfam, Adventist Development and Relief Agency International, CARE, Action Contre la Faim, Handicap International – Humanity & Inclusion, Global Communities, Première Urgence – Aide Médicale Internationale, Cairo Institute for Human Rights Studies, Defence for Children International, Intersos. [\[2\]](#_ftnref2) Yemen Humanitarian Needs Overview 2019. [\[3\]](#_ftnref3) Famine Action Mechanism Workshop, Amman, January 24, 2019 --- ![Image](https://cihrs.org/wp-content/uploads/2019/10/panel2-e1572538023352.jpg)To highlight the deterioration of the human rights situation in Yemen and to call for a stronger international position, CIHRS coordinated a high-level side event entitled “Yemen: The need to strengthen international accountability.” with local, regional and international organizations on 12 September 2019. Kamel Jendoubi, addressed the important findings detailed in the report of his team and stressed that sustainable peace requires accountability. He reiterated the recommendation of the GEE report for states to “*take all reasonable measures to ensure respect for international humanitarian law by all parties to the conflict, taking into account their level of influence; in particular, refrain from providing arms that could be used in the conflict*.” Radhya Almutawakel, the Chairperson and Co-Founder of Mwatana for Human Rights, stressed the importance of the GEE in fighting impunity. She stressed that Yemen would not be the worst humanitarian catastrophe in the world if parties to the conflict respected international law. She emphasized that “*the GEE report is crucial and important. Warring parties should not enjoy impunity for their human rights violations and abuses, and victims deserve justice. States should prioritize steps towards accountability in Yemen*.” CIHRS and its partners sent a [joint lette](https://cihrs.org/yemento-permanent-representatives-of-member-and-observer-states-of-the-united-nations-human-rights-council/?lang=en)[r](https://cihrs.org/yemento-permanent-representatives-of-member-and-observer-states-of-the-united-nations-human-rights-council/?lang=en) to UN members states to support the renewal and strengthening of the GEE mandate, including to support an important recommendation to clarify the mandate of the GEE to collect and preserve evidence of alleged gross violations and abuses of human rights. CIHRS and Mwatana also engaged closely with African members of the Council and called on them to support the renewal of the GEE mandate. Radhya Almutawakel, co-director of Mwatana, in an article issued by the [Mail and Guardian](https://mg.co.za/article/2019-09-17-00-africa-must-help-end-the-war-on-its-doorstep-in-yemen) (South Africa) called on African states to help strengthen the GEE: “*Later this month, the United Nations Human Rights Council (UNHRC) will vote on whether to renew a UN investigation into abuses in Yemen. This body offers the best chance towards accountability for the millions of victims of this war and could help lead to better protection of civilians in Yemen by increasing scrutiny on the warring parties and their conduct*.” South Africa which had abstained in the vote on the 2018 resolution on Yemen, voted in favor of the strengthened mandate. Despite strong opposition by the Arab group, the mandate of the GEE was strengthened in resolution A/HRC/42/L.16 adopted on 26 September 2019. The resolution ensured a stronger mandate for the GEE to “investigate” international crimes in Yemen and to work to ensure access to justice and accountability.\[1\] Moreover, the resolution ensures the GEE will now directly present its report to the Human Rights Council, and for this report to be transmitted to the UN General Assembly and subsequently “to all relevant bodies of the United Nations.” In the concluding statement at the Human Rights Council, CIHRS and its partners welcomed the strengthening of the mandate of the GEE on Yemen, “*sending a clear message to parties to the conflict - and to victims - that accountability is at the center of the mandate, and providing a crucial and much-needed deterrent to further violations and abuses.”* The organizations reiterated their calls on states to “*support the recommendations made by the GEE in their recent report, including prohibiting the authorization of transfers of, and refraining from providing, arms that could be used in the conflict to such parties; and clarifying the GEE’s role to collect and preserve evidence of abuses.”* \[1\] In the September 2019 resolution, the mandate of the GEE is detailed in operative clause 12 as follows: (a) “to monitor and report on the situation of human rights, to carry out comprehensive investigations into all alleged violations and abuses of international human rights law and all alleged violations of international humanitarian law committed by all parties to the conflict \[…\], to establish the facts and circumstances surrounding the alleged violations and abuses and, where possible, to identify those responsible;” (b) To make recommendations on improving respect for and protection and fulfilment of international human rights law and international humanitarian law, and to provide guidance on access to justice, accountability, reconciliation and healing, as appropriate \[….\]”. --- # Saudi Arabia # France, Italy and Spain fail to support women’s rights defenders and condemn the murder of Jamal Khashoggi --- CIHRS continued to work with civil society to ensure accountability for the violations against women human rights defenders, journalists and other human rights violations in Saudi Arabia. CIHRS supported a statement before the Council by Lina al-Hathloul, sister of human rights defender Loujain al-Hathloul, imprisoned by Saudi Arabia since May 2018 for her work advocating for women’s rights. In her intervention, Lina made a call for accountability in Saudi Arabia: “*I’m here today, despite the high risk of reprisals to Loujain, our family and myself, to call on all States and this Council to demand that the Saudi government immediately and unconditionally release my sister. I also ask your help in holding those who tortured her accountable, including Saud Alqahtani, the former senior advisor to the Royal Court*.” For the second time in the last year, UN member states delivered a [joint condemnation](https://www.ishr.ch/sites/default/files/documents/final-joint_statement_on_saudi_arabia_september_2019.pdf) of human rights violations in Saudi Arabia. This statement comes following a [joint statement](https://www.government.is/diplomatic-missions/embassy-article/2019/03/07/Joint-statement-on-the-human-rights-situation-in-Saudi-Arabia/) delivered by Iceland in March 2019 during the 40th session of the Human Rights Council. The statement was delivered by Australia on 23 September on behalf of a cross regional group of 25 countries and expressed deep concern that: “*Civil society actors in Saudi Arabia still face persecution and intimidation. Human rights defenders, women’s rights activists, journalists and dissidents remain in detention, or under threat…*\[and also highlighted\] *reports of torture, arbitrary detention, enforced disappearances, unfair trials, and harassment of individuals engaged in promoting and defending human rights, their families and colleagues*.” The signatories called on Saudi Arabia to redouble its human rights reform efforts, ratify relevant treaties, and put an end to impunity for torture and extrajudicial killings, including the brutal murder of journalist Jamal Khashoggi. Civil society organizations called on states which did not join the statement, including France, Italy and Spain, “to live up to their commitment to defend civil society.” According to Nada Awad, International Advocacy Officer for CIHRS, in a news [article](https://www.middleeasteye.net/fr/en-bref/lonu-la-france-muette-sur-les-droits-de-lhomme-en-arabie-saoudite) on the failure of France to support the statement, *"It's certainly linked to economic interests," France "does not want to put pressure because it sells weapons" to Saudi Arabia. The kingdom is the third largest client of* [*French arms exports*](http://www.leparisien.fr/politique/armement-l-arabie-saoudite-reste-le-3e-client-de-la-france-04-06-2019-8085909.php) *.”* On the 18th of September sixteen civil society organizations, including CIHRS, [wrote](https://cihrs.org/french-weapons-in-yemen-clarification-urgently-needed-after-new-revelations-about-the-use-of-french-manufactured-warships-in-the-naval-blockade-on-yemen/?lang=en) to the French government to demand the government, *“* *immediately suspend its arms transfers to Saudi Arabia and the United Arab Emirates in view of the risk that they contribute to serious violations, in accordance with the recommendations of UN experts* \[the GEE\]*.”* Thirteen UN experts issued a [joint statement](https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25074&LangID=E) calling for the release of Lujain al-Hathloul on 27 September 2019. “*It is shockingly hypocritical that Ms Al-Hathloul remains in prison for campaigning to change laws which have since been amended. Indeed, she should never have been imprisoned in the first place for exercising her fundamental rights to freedom of expression, peaceful assembly and association*.” The experts concluded “*We call upon the Government to immediately release M.s Al-Hathloul and all other human rights defenders in Saudi prisons, and urge the Government to launch a prompt, effective and independent investigation into whether she has been tortured*”. ▸Calling on Saudi Arabia to immediately and unconditionally release Loujain Al-Hathloul- **Human Rights Council 42nd session** - **General Debate Item 8 Statement – 23 September 2019** - *Speaker: Lina Al-Hathloul* Thank you Mr. President, My name is Lina. I am the sister of Loujain al-Hathloul, who has been detained in a Saudi prison since May 2018, despite calls from numerous Members of this Council and UN experts for her immediate release. Loujain was imprisoned for promoting implementation of the Vienna Declaration, which affirms the full and equal enjoyment by women of all human rights. Loujain did not get to drive in her hometown of Riyadh because she was arrested right before the Saudi government lifted the driving ban for women. Loujain did not get to travel without needing to get permission from her male guardian: a right she has fought for, not for herself, but for others. Months before Loujain was arrested, she participated in the CEDAW review of Saudi Arabia. She was eager to engage with the government to improve the lives of her fellow women citizens. Yet, instead of considering her as a partner, they labelled her a traitor, tortured her and attempted to bribe her freedom in exchange for publicly retracting the torture allegations. Mr. President, I’m here today, despite the high risk of reprisals to Loujain, our family and myself, to call on all States and this Council to demand that the Saudi government immediately and unconditionally release my sister. I also ask your help in holding those who tortured her accountable, including Saud Alqahtani, *the former senior advisor to the Royal Court*. The Council stood this session with Loujain when it called on the Saudi government to guarantee a safe and enabling environment for defenders. This scrutiny must continue until Loujain is not only free, but is guaranteed safety to continue her vital human rights activism. Thank you Mr. President. --- --- # Libya # An Unprecedented Call for Accountability --- High-ranking United Nations (UN) officials and dozens of states have called for an international investigation into war crimes and human rights violations in Libya at the 42nd session of the Council. These calls represent the strongest push for accountability for crimes committee in Libya since the fall of the Gaddafi government. ![Image](https://cihrs.org/wp-content/uploads/2019/10/ly-xx.jpg)The urgency of establishing an international investigation was emphasized during a high-level event entitled “Libya: Advancing Accountability for Human Rights Violations & Abuses,” held on the 20 September during the Council session. The event was organized by the Netherlands, Switzerland, Finland, the Office of the High Commissioner for Human Rights (OHCHR), and prominent international and Libyan civil society organizations, including CIHRS. In an exceptional joining of international forces, distinguished figures from the UN, the Dutch Ministry of Foreign Affairs, and international and Libyan human rights organizations were brought together to discuss appropriate means of strengthening the rule of law in Libya and breaking the cycle of impunity prevailing in the country, notably through the establishment of an independent international investigation at the Council. Accountability is imperative to any progress towards peace, stability, and justice in Libya, and a Commission of Inquiry at the Human Rights Council is “simplest and strongest way to achieve” greater accountability for crimes committed in Libya, emphasized Mr. Ghassan Salamé, Special Representative to the UN Secretary-General (SRSG) and Head of the United Nations Support Mission in Libya (UNSMIL). Justice for crimes in Libya is “neither optional nor negotiable” declared Geoffrey van Leeuwen, Director for Middle East of the Netherlands Ministry of Foreign Affairs, adding that the Netherlands would consult on how to move forward on this matter with partners. ![Image](https://cihrs.org/wp-content/uploads/2019/10/20190920_150831.jpg)During an interactive dialogue on Libya at the Council, many UN member states backed calls for such an investigation. According to a statement delivered on behalf of all members of the European Union, “Those responsible for serious violations of International Humanitarian Law and violations and abuses of international human rights law must be brought to justice and held to account. In order to facilitate this, comprehensive, independent and credible investigations have to be undertaken, including by the Human Rights Council.” UN Deputy High Commissioner for Human Rights, Kate Gilmore, made clear that the OHCHR supports the call for an investigation and is “ready to support any such investigation.” In its intervention during the same debate, CIHRS highlighted the growing international consensus on the need for an investigation at the Council: “International attempts to achieve a national ‘peace’ accord in Libya have appeared to down-play and marginalize national and international criminal accountability in order to appease armed groups within the country…A new approach is required that puts accountability for ongoing violations and abuses of international human rights and humanitarian law at the at the top of the list of priorities… A good first step would be to re-establish an International Commission of Inquiry on Libya at this Council.” [According](https://cihrs.org/libya-an-unprecedented-appeal-for-accountability/?lang=en) to the Director of the Geneva Office of CIHRS, Jeremie Smith, “*It is now incumbent on UN member states to ensure these calls are translated into action by establishing such an investigation as soon as possible. Failure to do so will only embolden armed groups in their use of violence, including against civilians, infrastructure, detainees, migrants, human rights defenders and members of the judiciary.”* --- ▸Calling on HRC to establish an International Commission of Inquiry on Libya to ensure justice and accountability- United Nations Human Rights Council 42nd Session - Oral Intervention – Item 10: ID on High Commissioner Oral Update on Libya - Cairo Institute for Human Rights Studies - 25 September, 2019 Delivered by: Jeremie Smith Thank you Mr. President, The last several years have witnessed a consistent deterioration in the human rights and humanitarian situation in Libya due to ongoing violations and abuses of international law by armed groups. Insufficient international efforts to ensure timely accountability for ongoing crimes in Libya has emboldened armed groups in their use of violence, including against civilians, infrastructure, detainees, migrants, human rights defenders and members of the judiciary. The Council’s last three resolutions on Libya have focused primarily on providing technical assistance and capacity-building and have failed to create the type of international, independent investigative mechanism that the situation requires. If the violence in Libya is to be meaningfully deterred, and if civilian lives are to be saved, the Council must take credible action to ensure accountability for perpetrators of crimes. Last week, on the sidelines of this Council Ghassam Salame, Head of the UN Support Mission in Libya, backed calls for this Council to establish a Commission of Inquiry on Libya. The OHCHR has said that they are ready to support any such investigation. International attempts to achieve a national “peace” accord in Libya have appeared to down-play and marginalize national and international criminal accountability in order to appease armed groups within the country. Not only does this approach fail to provide a deterrent to the ongoing violence in Libya, but it leaves Libyan citizens who have struggled for national level accountability and justice sector reform without protection or international support. A new approach is required that puts accountability for ongoing violations and abuses of international human rights and humanitarian law at the at the top of the list of priorities, and the empowerment and protection of civil society and citizens working to establish justice and accountability on the national level at the center of the international decision making processes. A good first step would be to re-establish an International Commission of Inquiry on Libya at this Council and provide it with a clear mandate to gather evidence of crimes committed in Libya, identify individuals criminally responsible for these crimes, and work to ensure the realization of national and international efforts to protect and empower Libyan citizens working in this area. Thank you Mr. President. --- --- # Egypt # The Price of Silence --- A lack of political will persisted among UN member states to hold the Egyptian government to account for its unprecedented and brutal campaign of repression. Silence by the international community on this critical situation has only emboldened the current government in [its most recent and ongoing wide-scale crackdown](https://cihrs.org/sisis-egypt-international-community-should-pressure-egypt-to-immediately-cease-new-wave-of-repression/?lang=en). CIHRS in a speech before the Council on the 17 September called attention to the severity of the situation: *The Egyptian government, under President Sisi, is currently overseeing the most widespread and brutal crackdown on civil liberties and human rights in the country’s modern history. This includes the use of mass death sentences for citizens denied a minimum of fair trial guarantees, epidemic levels of torture, enforced disappearances and deaths in detention. A slew of repressive laws and practices are being used to completely close off basic freedoms and civil rights…. In an effort to silence criticism of this human rights crises the government has engaged in sustained efforts to eradicate the national human rights movement and independent media. Human rights defenders, media workers and peaceful dissidents have and continue to be victims of enforced disappearances, torture and arbitrary detentions. Rights defenders and lawyers have also been subjected to repressive measures such as travel bans, asset freezes and politically motivated criminal charges.* ▸Calling on Egypt to lift travel bans against Egyptian human rights defenders ahead of Egypt UPR- 42nd Session of the United Nations Human Rights Council - Oral Intervention - Item 4, General Debate - Cairo Institute for Human Rights Studies (CIHRS) - 17 September, 2019 - Delivered by: Nada Awad Mr. President, The Egyptian government, under President Sisi, is currently overseeing the most widespread and brutal crackdown on civil liberties and human rights in the country’s modern history. This includes the use of mass death sentences for citizens denied a minimum of fair trial guarantees, epidemic levels of torture, enforced disappearances and deaths in detention. A slew of repressive laws and practices are being used to completely close off basic freedoms and civil rights. In an effort to silence criticism of this human rights crises the government has engaged in sustained efforts to eradicate the national human rights movement and independent media. Human rights defenders, media workers and peaceful dissidents have and continue to be victims of enforced disappearances, torture and arbitrary detentions. Rights defenders and lawyers have also been subjected to repressive measures such as travel bans, asset freezes and politically motivated criminal charges. At least 31 Egyptian rights defenders are banned from travelling within case 173/2011 (the “Foreign Funding Case against NGOs”), several of them have been charged with “crimes” for their legitimate rights work, including for their engagement in the last UPR of Egypt. These charges could result in sentences of up to 25 years in prison. Before Egypt’s next Universal Periodic Review (UPR) begins in November 2019, we call on the Egyptian authorities to lift the arbitrarily imposed travel bans against Egyptian human rights defenders and allow them to travel to Geneva to take part in the Review. If the UPR goes ahead without the presence of independent Egyptian defenders and human rights NGO representatives the credibility and legitimacy of this process will be seriously undermined. We ask others to join us in calling on Egypt to lift these travel bans. Thank you Mr. President. --- On the 18 September, The Director of CIHRS, Bahey Eldin Hassan, alongside the United Nations Assistant Secretary-General for Human Rights, Andrew Gilmour, participated in a panel at the addressing the urgent need to end attacks and reprisals by states against individuals who cooperate or attempt to cooperate with the United Nations. The event, entitled “Ending Reprisals,” was organized by the international Service for Human Rights (ISHR), CIHRS and Forum-Asia. Human rights defenders from Burma and Guatemala also participated on the panel which was chaired by the Director of ISHR, Phil Lynch. In the report on reprisals submitted to the Council by the Assistant Secretary-General, Egypt was identified as a country that commits a “pattern” of attacks against those who engage with the UN, the first time such a designation has been made by the office of the Secretary General. --- ![Image](https://cihrs.org/wp-content/uploads/2019/10/ISHR_Ending_Reprisals_GVA_2019-8.jpg)Mr. Hassan highlighted the systematic reprisals that have been and continue to be carried out by the Egyptian government against those who cooperate with the United Nations. Such reprisals have included: criminal charges levelled against rights defenders for their engagement in the last Universal Periodic Review (UPR) of Egypt; a campaign of attacks and intimidation against those who cooperated with the Special Rapporteur on the Right to Adequate Housing during and after her visit to Egypt at the end of last year; the forced disappearance and arbitrary detention of Egyptian lawyer Ebrahim Metwally as he was on his way to meet with the UN Working Group on Enforced Disappearances; death threats against rights defenders in state controlled media and by Egyptian government officials, including against Mr. Hassan and other staff of CIHRS; as well as a host of other attacks and acts of intimidation against those who have cooperated or have sought to cooperate with UN human rights mechanisms. ![](https://cihrs.org/wp-content/uploads/2019/10/ISHR_Ending_Reprisals_GVA_2019-24.jpg) Mr. Hassan called for urgent action by member states of the United Nations to address these attacks by Egypt and warned that independent civil society in Egypt who will attempt to engage in the upcoming [UPR of Egypt](https://www.ohchr.org/EN/HRBodies/UPR/Pages/EGIndex.aspx) that will occur in November of 2019 are at severe risk of further attacks by the Egyptian government if the international community fails to act. Reiterating Mr. Hassan’s message, CIHRS, in a separate speech before the Human Rights Council, called on the international community to take action to address these attacks: *This pattern of behaviour, which threatens to make a mockery of the UN human rights system, has not been met with an adequate response by this Council or member states of the United Nations. We call on member states and officials of the United Nations to prioritize protection of independent Egyptian civil society in the context of Egypt’s Universal Periodic Review...We ask that you work to ensure that Egypt lifts the arbitrary travel bans against at least 31 rights defenders under case 173 that, if maintained, will deny independent Egyptian human rights defenders the ability to engage in the UPR of Egypt. If these individuals are not allowed to travel in order to engage in the UPR the legitimacy and relevance of this process will be severely undermined.* On the 27 September, as the Council came to a close and protests across Egypt against government corruption began to proliferate the UN High Commissioner for Human Rights, Michelle Bachelet, [called](https://news.un.org/en/story/2019/09/1047872) on the Egyptian government to respect the right of Egyptians to peacefully protest and to end the mass arrest of protestors. According to the High Commissioner, Egyptian citizens “should never be detained, let alone charged with serious offences, simply for exercising those rights…I urge the authorities to radically change their approach to any future protests, including those that may take place today.” ▸Calling on Egypt to put an end to reprisals against individuals who cooperate with the UN- 42nd Session- United Nations Human Rights Council - Oral Intervention: Item 5 - ID with ASG on SG Report on Reprisals - Cairo Institute for Human Rights Studies (CIHRS) - 18 September 2019 Delivered by: Nada Awad Thank you Mr. President, The Cairo Institute for Human Rights Studies would like to express our sincere gratitude to Assistant Secretary General Andrew Gilmour for the tireless work of him and his staff to address the critical issue of reprisals and attacks against human rights defenders. We would like to highlight and express our deep concern for the systematic reprisals that have been and continue to be carried out by Egypt against those who cooperate with the United Nations. Such reprisals have included criminal charges levelled against rights defenders for their engagement in the last UPR of Egypt; a campaign of attacks and intimidation against those who cooperated with the Special Rapporteur on the Right to Adequate Housing during and after her visit at the end of last year; the forced disappearance and arbitrary detention of Egyptian lawyer Ebrahim Metwally as he was on his way to meet with the UN Working Group on Enforced Disappearances, as well as a host of other attacks or acts of intimidation against those who have cooperated or have sought to cooperate with UN human rights mechanisms. This pattern of behaviour, which threatens to make a mockery of the UN human rights system, has not been met with an adequate response by this Council or member states of the United Nations. We call on member states and officials of the United Nations to prioritize protection of independent Egyptian civil society in the context of Egypt’s Universal Periodic Review that will occur in November. We ask that you work to ensure that Egypt lifts the arbitrary travel bans against at least 31 rights defenders under case 173 that, if maintained, will deny independent Egyptian human rights defenders the ability to engage in the UPR of Egypt. If these individuals are not allowed to travel in order to engage in the UPR the legitimacy and relevance of this process will be severely undermined. Thank you Mr. President. --- --- # Sudan # International Community Must Support National Reform and Accountability --- ![Image](https://cihrs.org/wp-content/uploads/2019/11/SUDAN-side-event-12-Sept.-2019-12.30-room-XVI.jpg)In light of the recent change in government in Sudan caused by mass protests, a joint[ letter ](https://cihrs.org/sudan-ensuring-a-credible-response-by-the-un-human-rights-council-at-its-42nd-session/?lang=en)published ahead of the 42nd Session of the Council by Sudanese, regional and international civil society, including CIHRS, outlined and called for steps by the Council to address violations and abuses of human rights, ensure accountability and contribute to human rights reforms in the country. On 12 September, CIHRS cosponsored an event entitled, Sudan: Ensuring a Credible HRC Response.” The event brought together Sudanese human rights defenders and experts to discuss how the Council can provide a credible response to the current situation in Sudan and support human rights reforms within the country. The discussion took place as the OHCHR was in discussions with the Sudan government on opening a fully-mandated country office there with the capacity to monitor and report on the situation as well as ensure technical and capacity building functions. The “[milestone agreemen](https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25055&LangID=E)[t](https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25055&LangID=E)” to set up this presence was signed by the High Commissioner and government of Sudan on the 25 September, and provides for wide-ranging cooperation on critical human rights issues including legal and institutional reform, transitional justice, and the strengthening of civil space. On the 23 September the [resolution](https://documents-dds-ny.un.org/doc/UNDOC/LTD/G19/281/05/PDF/G1928105.pdf?OpenElement) on Sudan establishing “technical assistance and capacity building to further improve the human rights situation in Sudan” was renewed by the Council. --- ---