WUNRN
United Nations Special Rapporteur
and Independent Expert Reports often include themes, even excerpts, that can be
used to advantage in advocacy on women's and girls human rights. Though in more
formal language, they can be quoted and leveraged for NGO and civil society
activism. Even if the texts don't specifiy women, or gender, the issues of
human rights and social justice reflect and can apply to all, without
discrimination, vulnerabilities, or marginalization.
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Full Press Release Document: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=13704&LangID=E
UN INDEPENDENT EXPERT ON PROMOTION
OF DEMOCRATIC & EQUITABLE INTERNATIONAL ORDER
CALLS FOR CONCRETE PROTECTION OF
CIVIL SOCIETY VOICES, INCLUDING "WHISTLEBLOWERS"
GENEVA (11 September
2013) – The United Nations Independent Expert on the promotion of a democratic
and equitable international order, Alfred de Zayas, urged Governments worldwide
to provide concrete and adequate protection to support civil society’s voices
and to ensure transparency and accountability in decision-making processes.
“A
democratic and equitable international order cannot be achieved as long as
civil society actors continue to be subjected to intimidation, harassment and
violence, and individuals are denied the right to participate in the conduct of
public affairs,” Mr. de Zayas said during the presentation of his second
report* to the UN Human Rights Council.
According
to the human rights expert, “access to truthful and reliable information from
diverse sources, including from free media, both offline and on the Internet,
is essential to people so that they can develop their own opinions and
effectively take part in the conduct of public affairs.”
“Specific
protection must be granted to human rights defenders and whistleblowers who
have in some contexts been accused of being unpatriotic, whereas they perform,
in reality, a democratic service to their countries and to the enjoyment of
human rights of their compatriots,” he stressed.
“I
am dismayed that notwithstanding lip service to democracy, too many Governments
seem to forget that in a democracy, it is the people who are sovereign,” said
the Independent Expert, who analyses in his report a series of obstacles to
public participation in global decision-making...........
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Website of the UN Independent Expert on the Promotion
of a Democratic and Equitable International Order:
http://www.ohchr.org/EN/Issues/IntOrder/Pages/IEInternationalorderIndex.aspx
Additional Explanation of the IE Mandate and People's Rights for a
Democratic and Equitable International Order:
http://www.ohchr.org/EN/Issues/IntOrder/Pages/mandate.aspx
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Link to Full Text of the Independent Expert's 43-Page Report to the UN
2013:
http://www.ohchr.org/Documents/Issues/IntOrder/A-HRC-24-38_en.pdf- Type size larger for easier reading.
See Excerpts Below.
14. In a democracy, it is the people who are sovereign. Therefore, with
regard to the promotion of democracy at the local, country and regional levels,
civil society must have a stronger voice in all political processes. The
situation in some countries is grave, since freedom of expression, peaceful
assembly and association, and free and fair elections, are not ensured;
opposition leaders are arrested or killed; journalists, whistleblowers and
bloggers are harassed, intimidated and detained; public demonstrations are
prohibited; peaceful demonstrators massacred, elections are reduced to
masquerades, etc. Several Rapporteurs have documented these violations,7 the Human Rights
Council has adopted pertinent resolutions, and the Human Rights Committee has
adopted important jurisprudence thereon.
56. Concerning participation at the domestic level:
(e) States should ensure
access to public information90 and repeal legislation that
is incompatible with articles 18 and 19 ICCPR; in particular, blasphemy and
memory laws and any laws that hinder open discussion of political and
historical events. States should refrain from misusing anti-terror legislation
to intimidate and suppress dissent and thus undermine participation in the
democratic process.91 States should ensure freedom
of expression online and refrain from censorship except for reasons of health
and morals.
(f) States should never
impose reprisals against human rights defenders and repeal laws that hinder the
right to peaceful assembly in public and private spheres, impose unreasonable
fines or imprisonment on demonstrators, or restrict the right to association
and collective bargaining.
(g) States should ensure accountability of all
State organs,
Recommendations to Civil Society and Human Rights
Institutions
58. Article 29
of the Universal Declaration of Human Rights stipulates, “Everyone has duties
to the community in which alone the free and full development of his
personality is possible.” The Independent Expert is aware that in many
countries there is little space for civil society to operate and articulate
legitimate demands. Nevertheless, he encourages civil society to:
(a) Take on this challenge
as a civic duty and reclaim its rights, demand consultation and effective
participation in decision-making, reliable opinion polling and referenda as a
right, in particular on matters of State-ordered surveillance, which affects
civil and political rights, and on matters of retrogression93 in social services, including “austerity measures”, privatization of
essential public responsibilities, etc. Civil society should take advantage of
new digital technologies and social media to revitalize democracy, e.g. by
demanding social services, regulation of the financial markets, denouncing war
mongering and human rights violations;
(b) Invoke United Nations
procedures, including the new Optional Protocol to ICESCR. They should call
their representatives to account and engage domestic and international
tribunals, including regional instances of examination and settlement, and
United Nations treaty bodies;
(c) Engage in peaceful
resistance against structural violence imposed on them by governments and
corporations. The right to freedom of peaceful assembly and of association
should be invoked in order to restore democratic participation94;
(d) Insist on accountability of government
officials and expose violations of human rights by their governments. In
particular, civil society should investigate and take action on the revelations
by whistleblowers, when it becomes apparent that democratically elected
governments have acted or are acting ultra vires and in contravention of
international law, including United Nations human rights treaties, and the 1949
Geneva Conventions and 1977 Additional Protocols. Civil society should reject
impunity for crimes committed by their political leaders and for white-collar
crimes of financiers and corporate magnates;