Human Rights Council Holds Separate Interactive Dialogues with the Special Rapporteur on the Promotion and Protection of Human Rights while Countering Terrorism and the Independent Expert on the Enjoyment of Human Rights by Persons with Albinism.

15 March 2022
Morning

The Human Rights Council this morning held separate interactive dialogues with the Special Rapporteur on the promotion and protection of human rights while countering terrorism, Fionnuala Ní Aoláin, and with the Independent Expert on the human rights of persons with albinism, Muluka-Anne Miti-Drummond.

Fionnuala Ní Aoláin, Special Rapporteur on the promotion and protection of human rights while countering terrorism, said her report drew a clear and sustained line between the torture and extraordinary rendition that accompanied the so-called ‘war on terror’ to contemporary practices of mass arbitrary detention and torture, cruel, inhuman and degrading treatment in Xinjiang China and northeast Syria. It was precisely the lack of access, transparency, accountability and remedy that had enabled and sustained a permissive environment for contemporary large-scale detention and harm to individuals. To date, none of the detention sites had been made fully accessible to independent human rights. They were all dark stains on the world’s collective conscience. She spoke of her country visit to Uzbekistan.

Uzbekistan spoke as a country concerned.

In the ensuing discussion, speakers highlighted the importance of fighting terrorism while respecting human rights. The gender impact of countering terrorism was noted. Concerns were expressed that thousands of women and girls remained detained and subjected to conditions that met the threshold of torture and degrading treatments. Other speakers regretted that it was mainly men and boys that were at risk of wrongful arrest and detention, as the result of policies based on race, skin colour and religious discrimination. State practice related to secret detention continued to evolve the lack of accountability for States and had created a culture of impunity. Terrorism in all of its forms was a dangerous threat to peace and security, it was an epidemic that undermined the safety of all countries, a direct attack on freedom and enjoyment of human rights. Terrorism needed to be fought but not in a symmetrical way: a violation of the law did not justify the violation of human right; a crime did not justify a crime.

Speaking in the dialogue with the Special Rapporteur on protecting human rights whilst countering terrorism were the European Union, Mexico on behalf of a group of countries, UN Women, Egypt, United Arab Emirates, Libya, Iraq, Cuba, Venezuela, France, Maldives, Syria, Senegal, Luxemburg, Burkina Faso, India, China, Armenia, Netherlands, Cameroon, Pakistan, Russian Federation, Indonesia, Benin, Panama, Yemen, Ireland, Bangladesh, Afghanistan, United Kingdom, Azerbaijan, Greece, Botswana, Georgia, Spain, Cyprus, Iran, Belarus, Saudi Arabia, Ukraine, Bolivia and Switzerland.

Also speaking were Amnesty International, World Organization Against Torture, Conectas Direitos Humanos, Al-Haq Law in the Service of Man, Families of Victims of Involuntary Disappearances, Rencontres africaines pour la defense des droits de l’homme, Article 19- International Centre against Censorship, International Commission of Jurists, Cairo Institute for Human Rights Studies, and Lawyers Rights Watch Canada.

The Council then held an interactive dialogue with the Independent Expert on the human rights of persons with albinism.

Muluka-Anne Miti-Drummond, Independent Expert on the enjoyment of human rights by persons with albinism, said she had focused her report on harmful practices and hate crimes against persons with albinism. Egregious violations against persons with albinism could qualify as hate crimes since hate crimes were crimes carried out with a bias motive: the person committing the crime had a bias against an actual or perceived characteristic of a victim’s identity. She stated that unfortunately, many people were still unaware that it was not just in Africa where the rights of persons with albinism had to be protected. Persons with albinism remained invisible in too many discussions that were important to their human and personal development. They were even invisible in discussions about human rights defenders. Such invisibility led to exclusion and exclusion ultimately led to violations of rights.

In the ensuing discussion, speakers thanked the Expert for focusing on hate crimes and explaining what constituted a hate crime and shared her view on the importance of addressing misunderstanding on the subject, even more in mass media. The importance of education and awareness raising was highlighted, as well as the need for the development of critical thinking. Education and awareness raising as well as working with social media companies to limit hateful rhetoric was necessary. Speakers were concerned about the fact that people with albinism were experiencing multiple discriminations. These violations stemmed largely from ignorance, prejudice and stigma. The intersectional form of discriminations that women and girls with albinism faced was highlighted. Deep concerns were expressed that children with albinism were targeted and the enjoyment of their human rights undermined. Speakers were appalled by the abduction of children with albinism and the idea that using their body parts would bring good fortune and luck.

Speaking in the interactive dialogue with the Independent Expert on the enjoyment of human rights by persons with albinism were Finland on behalf of the Nordic- Baltic countries, European Union, Egypt, Israel, Djibouti, United Nations Children’s Fund, Malaysia, Venezuela, Kenya, China, Lesotho, South Africa, United States, Portugal, Malawi, Nigeria, Tanzania, Panama and Namibia.

Also speaking were: Rencontres africaines pour la defense des droits de l’homme,
Mother of Hope Cameroon Common Initiative Group, World Barua Organisation,
International Humanist and Ethical Union, World Jewish Congress, China Society for Human Rights Studies, Under the Same Sun Fund and Association pour la défense des droits de l’homme et des revendications démocratiques/culturelles du people Azerbaidjanais-Iran.

The webcast of the Human Rights Council meetings can be found here. All meeting summaries can be found here. Documents and reports related to the Human Rights Council’s forty-ninth regular session can be found here.

The Human Rights Council will next meet at 3 p.m. to begin the interactive dialogue with the Special Representative of the Secretary-General on Violence against Children, followed by the interactive dialogue with the Special Representative of the Secretary‑General on Children and Armed Conflict.

Interactive Dialogue with the Special Rapporteur on the Promotion and Protection of Human Rights while Countering Terrorism Documentation

The Council has before it (A/HRC/49/45), the report of the Special Rapporteur on the promotion and protection of human rights while countering terrorism, Fionnuala Ní Aoláin, entitled follow-up report on the Joint Study (2010) on Global Practices in Relation to Secret Detention in the Context of Countering Terrorism, as well as her report on her visit to Uzbekistan.

Presentation of Reports

FIONNUALA NÍ AOLÁIN, Special Rapporteur on the promotion and protection of human rights while countering terrorism, raised concerns that counter terrorism and countering violent extremism law and policy were being used to target, constrain, and attack civil society across the globe. The Special Rapporteur said she had conducted two working level visits to Washington D.C and thanked the Government of the United States for the constructive and sustained dialogue on a range of issues related to counter terrorism and human rights. She had also carried out a country visit to Uzbekistan in November/December 2021. She commended the comprehensive approach taken by Uzbekistan, the humane approach taken by its Government and the emphasis on meaningful integration and acceptance of returnees with clear provision for their medical, psycho-social, educational and economic needs. Other countries that had systematically failed to return their nationals had a great deal to learn from the approach being pioneered by Uzbekistan.

Ms. Ní Aoláin said that in 2010, four Special Procedure mandate holders had produced a unique joint study on global practices of secret detention in the context of countering terrorism. She had determined that a follow-up report was urgently needed. Her report drew a clear and sustained line between the torture and extraordinary rendition that accompanied the so-called ‘war on terror’ to contemporary practices of mass arbitrary detention and torture, cruel, inhuman and degrading treatment in Xinjiang China and northeast Syria. It was precisely the lack of access, transparency, accountability and remedy that had enabled and sustained a permissive environment for contemporary large-scale detention and harm to individuals.

The most important part of her report was its annex, Ms. Ní Aoláin said, as it listed the names of every single individual identified who was subject to secret detention. Counter terrorism discourse, law and practice justified the most egregious of human dignity violations. The practice of waterboarding (simulated drowning) was legally justified and brutally carried out in “black sites” controlled by the United States. Detainees were placed in coffin-like structures for extended periods of time. They were kept in solitary confinement, many for months at a time. They were subjected to anal penetration by objects, actions which amounted to sexual violation and appeared to reach the threshold for rape as set out under the International Criminal Court Statute. The report further identified grave concerns about practices of arbitrary mass and secret detention with other serious violations of international law directed at the Uighurs and other ethnic groups in the Xinjiang Uighur Autonomous Region that had been the subject of multiple communications by multiple Special Procedure mechanisms and experts of the Human Rights Council, justified under the banner of “re-education”.

Her mandate continued to highlight the scale of human rights and humanitarian law violations that followed from holding thousands of men, women and children in a situation of mass arbitrary detention in northeast Syria. The conditions in these camps met the threshold of torture, cruel, inhuman and degrading treatment under international law. Repatriation was the only international law compliant solution to the existence of these camps and sites of detention. No humane or decent society should accept leaving their children in a situation of cradle to grave arbitrary detention.

In conclusion, Ms. Ní Aoláin said that not a single individual who was subject to extraordinary rendition and torture had received an adequate remedy. There was a clear obligation to provide adequate remedy to individuals and their families who experienced these profound violations. Persons who were transferred from black sites and from Guantanamo Bay also continued to live in legal limbo – lacking remedy, legal status or rehabilitation in countries of resettlement or countries of origin. There was no statute of limitations on these grave violations of international law. Moreover, those who planned, executed, or colluded in such grave violations must be held accountable, despite the desire to engage in a process of collective forgetting and a compact of comfortable amnesia on torture and rendition. She closed by pointing out that to date, none of these detention sites – black sites, Guantanamo Bay Cuba, Xinjiang, or camps in northeast Syria had been made fully accessible to independent human rights oversight able to assess the harms experienced within them. They were all dark stains on the world’s collective conscience.

Statement by Country Concerned

AKMAL SAIDOV, Director of the National Human Rights Centre of Uzbekistan and First Deputy Speaker of the Legislative Chamber of the Oliy Majlis of Uzbekistan, said the Uzbek Government welcomed the Special Rapporteur’s report on her visit to Uzbekistan, despite the ongoing global pandemic. The country had made significant progress in its relationship with the United Nations Special Procedures in a relatively short period of time, and all mandate holders had an open invitation. The visit was considered an important step in constructive cooperation in building human rights whilst countering terrorism. The Special Rapporteur’s positive assessment of Uzbekistan’s approach to building a democratic and just society was appreciated. She recognised Uzbekistan’s world leadership in sustained repatriation of civilians from conflict zones. A total of 500 civilians had been repatriated from armed conflict zones. Uzbekistan was firmly committed to its international human rights obligations, and understood that it was only at the beginning of this path, and counted on the support of its international partners, including the Human Rights Council and the Special Rapporteurs.

Discussion

In the ensuing discussion, speakers highlighted the importance of respecting human rights while fighting terrorism. They paid tribute to the report and welcomed its gender mainstreaming. The gender impact of countering terrorism was noted. Concerns were expressed that thousands of women and girls remained detained and subjected to conditions that met the threshold of torture and degrading treatments. Some speakers regretted that it was mainly men and boys that were at risk of wrongful arrest and detention, as a result of policies based on race, skin colour and religious discrimination. The post 9/11 mushroom had grown and was enabling illegal practices. State practice related to secret detention continued to evolve and the lack of accountability for States had created a culture of impunity. Calls were made for the immediate release of all children detained in the context of countering terrorism.

It was important to end impunity and the fight against terrorism required joint international efforts. The appearance of new forms of terrorist threats had resulted in new measures to protect the population from those threats. It was necessary to pay attention to countering terrorism actions that prevented the enjoyment of human rights. Terrorism in all of its forms was a dangerous threat to peace and security, it was an epidemic that undermined the safety of all countries, a direct attack on freedom and enjoyment of human rights. Terrorism needed to be fought but not in a symmetrical way: a violation of the law did not justify the violation of human rights; a crime did not justify a crime. All people had the right to their mental and physical integrity. Speakers supported the call to repatriate foreign terrorists and hold them accountable for the crimes they committed.

Speakers further affirmed that States alone were responsible for the protection of human rights and States had the right to implement policies that they saw fit to combat terrorists and terrorism. They encouraged the Special Rapporteur not to echo false information, and looked forward to her paying more attention to the victims of terrorism.

Interim Remarks

FIONNUALA NÍ AOLÁIN, Special Rapporteur on protecting human rights and fundamental freedoms whilst countering terrorism, acknowledged the support of the European Union in the work of the mandate, as well as that of Mexico with regard to transfers. The situation of boys as a category for harm in counter-terrorism was noted, and boys should be recognised as children - their gender did not make them terrorists, and they should be treated under the Convention on the Rights of the Child. Good practice and cooperation with the mandate by Spain and Oman last year had been very positive and complemented the strengthening of the fourth pillar and civil society. Armenia was thanked for emphasising the importance of civil society in fighting terrorism - when civil society was targeted, this created the conditions for conflict and terrorism. The Conference in Malaga being hosted by the Government of Spain followed on from their commitment to the issue.

On the effects of terrorism, Ms. Ní Aoláin said that in her last report she had given particular attention to this issue, with a particular focus on the victims of terrorism. On what could be done for victims, they were tired of the platitudes of support from the international community - they required legal measures protecting their rights at the national level, and should have a rights-based protection for the harms they had faced. All should ensure that national legislation was compatible with international law, and many countries should focus on the opportunity to review and revise national law that was not compatible.

Discussion

Speakers took note of the conclusions of the report, including the insufficient implementation by States of the Special Rapporteur’s recommendations. Speakers condemned acts of torture unconditionally and shared concerns on extrajudicial transfer and enforced disappearances. Countering terrorism should never serve as a reason for human rights violations. Countries with extra territorial detention centres should be held accountable for human rights violations. Some speakers noted that some references to specific countries in her report singled out activities that were not done in the context of countering terrorism and regretted that this mistake had been made. They denounced what they called a politicised campaign orchestrated by western counties and stated that until today, not a single European country participating in the programme of secret CIA prisons had respected human rights. The questions about prosecuting perpetrators and ensuring justice for victims of such perpetrators was highlighted. Speakers further regretted that the Special Rapporteur did not demonstrate a principled approach and urged her to be more diligent so as to not multiply fake news.

Concluding Remarks

FIONNUALA NÍ AOLÁIN, Special Rapporteur on protecting human rights and fundamental freedoms whilst countering terrorism, said there should be no impunity for terrorist acts, and there should be pursuit of core acts, not just for membership in terrorist organizations. The draft comprehensive Convention on Terrorism should move past the stalemate it was in and be concluded, as without it the fight was disadvantaged. The ongoing constructive dialogue with China should continue, and the mandate was impartial and neutral. On the issue of the impact of counter-terrorism measures on the freedom of expression, this was a consistent trend that needed to be addressed by States. There was a long way to go both at the national and regional level to ensure that they played the oversight role they could play in the fight for human rights whilst countering terrorism.

The critical issue of the profiling and discrimination of certain communities, in particular Muslim men, should not be ignored, and should be considered and discussed on the ground. The international community must make particular efforts for all victims of rendition to be compensated for the harm they had suffered. There was an accelerated trend for citizenship stripping, and there should be a moratorium on this, as it had led to statelessness, in particular for children. There was a profound obligation by the international community for the victims of terrorism in Afghanistan. Without human rights, neither counter terrorism nor protection were carried out well. Deep concern was expressed for the obliteration of the entirety of Palestinian society in the framework of counter terrorism. The Council should support accountability, seek transparency, and have zero tolerance for the violation of human rights in the context of counter terrorism. She hoped to continue her highly engaged interaction with Uzbekistan.

Interactive Dialogue with the Independent Expert on the Enjoyment of Human Rights by Persons with Albinism Documentation

The Council has before it (A/HRC/49/56) report of the Independent Expert on the enjoyment of human rights by persons with albinism, Muluka-Anne Miti-Drummond entitled harmful practices and hate crimes targeting persons with albinism.

Presentation of Report

MULUKA-ANNE MITI-DRUMMOND, Independent Expert on the enjoyment of human rights by persons with albinism, said she had focused her report on harmful practices and hate crimes against persons with albinism. Egregious violations against persons with albinism could qualify as hate crimes since hate crimes were crimes carried out with a bias motive: the person committing the crime had a bias against an actual or perceived characteristic of a victim’s identity. In the case of albinism, they were perpetrated on the basis of the colouring and physical appearance of this people group. Having specific hate crime laws in which persons with albinism could be recognised as victims with protected characteristics would not only condemn the bias motive in the crimes against them, but could prompt further investigations and impact the way victims were treated, how they were interviewed and the seriousness of sentences given to offenders.

Ms. Miti-Drummond identified good practices in relation to harmful practices and hate crimes, including the European Union’s strong common response to tackle hate crimes through its Framework Decision 2008/913, as well as the establishment of mechanisms for the reporting of hate crimes in different countries. These mechanisms must recognise that attacks against persons with albinism almost always constituted hate crimes. The African Union’s Plan of Action to End Attacks and other Human Rights Violations Targeting Persons with Albinism (2021 to 2031) was another valuable initiative. She urged the implementation of this Plan of Action.

In conclusion, Ms. Miti-Drummond stated that unfortunately, many people were still unaware that it was not just in Africa where the rights of persons with albinism had to be protected. Persons with albinism remained invisible in too many discussions that were important to their human and personal development. They were even invisible in discussions about human rights defenders. Such invisibility led to exclusion and exclusion ultimately led to violations of rights. This was even more so the case with smaller groups of people. It was therefore her vision to ensure that persons with albinism, and their voices, were mainstreamed in these areas.

Discussion

In the ensuing discussion, speakers welcomed the Independent Expert’s first report as well as the presentation of her thematic vision and took note of her recommendations. They were looking forward to working with the Expert and recognised the challenges of the fight against discrimination against persons with albinism. They commended the recognition by the Human Rights Council of harmful practices related to practices of witchcraft as the root causes of the human rights violation of persons with albinism. Discrimination against any minorities impacted all persons. The terrible effects of stereotypes and prejudices were denounced. Speakers thanked the Expert for focusing on hate crimes and explaining what constituted a hate crime and shared her view on the importance of addressing misunderstanding on the subject, even more in mass media. The importance of education and awareness raising was highlighted, as well as the need for the development of critical thinking. Education and awareness raising as well as working with social media companies to limit hateful rhetoric was necessary.

Speakers said they were committed to the promotion and protection of the human rights of persons with albinism. They denounced the trafficking and killing of persons with albinism and greeted the adoption of Security Council resolution 478. Massive support to combat hate crimes was expressed. Speakers were concerned about the fact that people with albinism were experiencing multiple discriminations. These violations stemmed largely from ignorance, prejudice and stigma. Fighting those discriminations required concerted efforts. The intersectional form of discriminations that women and girls with albinism faced was highlighted. Deep concerns were expressed that children with albinism were targeted and the enjoyment of their human rights undermined. The impact on their mental health was noted. Speakers were appalled by the abduction of children with albinism and the idea that using their body parts would bring good fortune and luck. They urged all communities to fulfil the human rights of all persons with albinism and provide necessary support. Calls were made for authorities to ensure the rights and freedom of persons with albinism and for States to take appropriate measures to protect them without discriminations.

Concluding Remarks

MULUKA-ANNE MITI-DRUMMOND, Independent Expert on the enjoyment of human rights by persons with albinism, wished to thank everybody for their comments and input, and noted that almost everyone had echoed support for the mandate, and she looked forward to going forward with them in the future. She looked forward to discussing a potential country visit to Egypt. One of the best ways to ensure continued dialogue and open channels of discussions were country visits. The exchange of information and best practices, as well as challenges faced by the Governments in protecting persons with albinism were also important. The data on the number of persons with albinism remained opaque, and such information should be disaggregated so that the situation of persons with albinism throughout the globe could be determined. African countries should develop national action plans and implement the African Union Plan of Action. It was essential for the Independent Expert to continue to work closely with persons with albinism, and she committed to do this, to seek their input, understand their challenges, and work closely with Governments in developing standards for the rights of persons with albinism.

Governments should adopt coordinated responses with regard to albinism, including the justice sector, migration and education. Her work would also adopt this coordinated response, and would continue to work with the public sector, including geneticists and health professionals. Dispelling myths about albinism was vital, as it was these that prompted attacks on persons with albinism. Albinism should be mainstreamed, as in many cases, persons with albinism were invisible, which led to exclusion and violations of human rights, and she intended to make sure they were involved in all discussions. On capacity building, she would continue the work on this, and understanding the human rights framework around persons with albinism, as well as the health conditions of persons with albinism. It was difficult for many people to understand what were the channels for access to justice, to witness protection, and legal aid, and States should help remedy these. Governments should support persons with albinism and associations aiding them financially and in developing plans of action. Governments must ensure that they included and consulted persons with albinism from the designing phase to the implementation phase. Human rights organizations should also include the issue of persons with albinism at all levels of their work.

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