The mechanisms of the HRC: a way to justice?

Transcription

1 The mechanisms of the HRC: a way to justice? Role, impact and expectations of civil society Friedrich-Ebert-Stiftung, Forum Human Rights, German Institute for Human Rights Château de Bossey, Crans-près-Céligny, Geneva, 7/8 October 2013 Concept The Friedrich-Ebert-Stiftung, the German Institute for Human Rights and the German Forum Human Rights continue the conference series on the UN Human Rights Council (HRC), its developments and tendencies as well as its potential use and benefits for non-state actors. While in the past we predominantly focused on the HRC instruments and mechanisms as such and potential links to further UN institutions working with a human rights perspective, now, in 2013, we want to discuss the use and implementation of the HRC tools alongside thematic issues. This year, we want to stress the topic The mechanisms of the HRC a way to justice? Under this title, two subjects will be considered: the criminalization of civil society protest, activities around defending human rights and complaint mechanisms as well as the insertion of human rights as guideline for the debate on sustainable development in general and the post 2015-agenda in particular. Both aspects will be discussed along real situations in countries and conceptual debates taking place at national and international levels. The issue of constraining civil society space and increasing pressure on NGOs in many countries has been discussed in previous sessions of the HRC; during side events, by oral statements or in the reports of the Special Rapporteur on human rights defenders. Nevertheless, we feel the need to assess the issue by systematically detailing the tools and identifying pertinent State actors of the HRC in order to achieve an effective impact of the HRC on the ground. Considering the legal barriers and the political environments which sometimes encourage social hostilities by non-state actors towards NGO activities in exemplary countries, we will identify main mechanisms of the HRC as tools for access to justice. We will therefore look at HRC resolutions, the work of Commissions of Inquiry, complaints procedures, and country situations in order to make better use of the existing protection mechanisms of the HRC and identifying pertinent gaps. The second part of the conference will give special attention to the question, how human rights can be strengthened into the post-2015 development agenda, what role the HRC should play, and how far civil society organizations and NGOs can contribute. Again, there are already attempts underway to make human rights an essential reference point for the post-2015 and the sustainable development agendas. To contextualize, we will discuss the issues alongside exemplary situations and debates in countries as well as on conceptual areas, also considering, how far the post-2015 development agenda can be made a tool for human rights protection. Both themes will be discussed in the formats of panels and working groups in order to encourage an intensive exchange of experiences and opinions. By tradition, the conference proceedings will be focused on policy recommendations. Your contributions are mostly welcome. Page 1 Program - The Human Rights Council after the Review

2 Monday 7 October, :00 Arrival at the venue; Registration 9:30 Welcome and Introduction Matthes Buhbe, Director, FES Geneva / Forum Human Rights Wolfgang S. Heinz, German Institute for Human Rights /formerly HRC Advisory Committee Self-Introduction by the participants Setting the stage Impact of the Human Rights Council s work on the ground in a time of constrained civil society space Increasing pressure on NGOs in many countries is putting their effectiveness and even the personal security of the defenders in jeopardy. Legal and economic barriers to NGO activity are being strengthened in places like Russia, Ethiopia, Mexico, India, 10:00 Keynote Address Mandeep Tiwana, CIVICUS & Harriet Berg, Permanent Mission of Norway Presentation of main developments in country and thematic situations, and HRC action on protecting human rights defenders 10:30 Coffee Break Theme 1a Enlarging public space through HRC on country level This session will discuss the HRC resolutions impact on country level, evaluating the changes effected on the ground. (Could also include mid-term reports and UPR Info research on UPR implementation) 11:00 Chair - Matthes Buhbe, Director FES Geneva 13:00 Lunch Panelists Julia Duchrow, Act Alliance / Brot für die Welt Rafendi Djamin, Indonesian Representative for ASEAN Intergovernmental Commission on Human Rights (AICHR) Mandeep Tiwana, CIVICUS Page 2 Program - The Human Rights Council after the Review

3 Mechanisms of the HRC as tools for Access to Justice Theme 1b This session will look into HRC resolutions, the work of Commissions of Inquiry, complaints to Special Rapporteurs and the Council s own complaint procedure. Bundling complex issues, this section will be held in form of Working Groups, reporting back to plenary. Leading question: how can civil society make better use of the existing protection mechanisms of the HRC? 14:00 Discussions in Working Groups WG 1 HRC resolutions and Commissions of Inquiry Julie de Rivero, Human Rights Watch Esther van Nes, Permanent Mission of Canada Paola Daher, Cairo Institute for Human Rights Studies Adrien-Claude Zoller, Geneva for Human Rights WG 2 The HRC complaints procedures sharp tools or dull protocol? Frederike Boll, Friedrich-Ebert-Stiftung, Berlin Christian Guillermet-Fernandez, Ambassador and DPR of Costa Rica to the UN in Geneva, president of Working Group on Situations Wolfgang Heinz, former chair of the Working Group on Communications Matt Pollard, International Commission of Jurists Klaus Hüfner, former President of the German UNESCO Commission Page 3 Program - The Human Rights Council after the Review

4 WG 3 WG 4 Shrinking Civil Society Space / Criminalization of NGOs / CSOs Peter Splinter, Amnesty International Yolanda Foster, Amnesty International - Sri Lanka Septer Manufandu, Indonesia Roemer Lemaitre, Russia John Fisher, Arc International Shrinking Civil Society Space / registration, administrative barriers and participation Daniel Legutke, Justitia et Pax June Ray, OHCHR John Dayal, India Maria Luisa Aguilar, Tlachinollan, Mexico Eva Galabru, LICADHO, Cambodia 15:45 Coffee Break 16:15 Reporting back to plenary Chair - Mr. Wolfgang Heinz, Former Member of HRC Advisory Committee Rapporteur WG 1 Rapporteur WG 2 Rapporteur WG 3 Rapporteur WG 4 17:30 End of Day 1 Page 4 Program - The Human Rights Council after the Review

5 Tuesday 8 October, 2013 How can civil society ensure respect for human rights in the post-2015 development agenda? Theme 2 This session will focus on links between human rights and debates on development and sustainability but also ask how far the Human Rights Council and its mechanisms are suitable for fostering the inclusion of human rights in other debates. Retaking the discussions on civil society and (shrinking) public space, Theme II will also consider questions such as How can the development / post-2015 debate contribute to enlarging civil society space? to be debated in a panel and working groups. 9:00 Chair - Felix Kirchmeier, FES Geneva Panel Moderation and introduction to the Working Groups 9.15 Ensuring a place for human rights in the post-2015 development agenda Mac Darrow, OHCHR Ignacio Saiz, Center for Economic and Social Rights Julia Duchrow, Brot für die Welt Shanthi Sivakumaran, IBON International 10:30 Coffee Break 11:00 Discussions in Working Groups WG 1 Making the post-2015 development agenda a tool for human rights protection Guillermo Kerber, World Council of Churches Claire Mahon, Te Atawhai Nation Duncan Wilson, Scottish Human Rights Commission Ignacio Saiz, Center for Economic and Social Rights Page 5 Program - The Human Rights Council after the Review

6 WG 2 Using the development debate to raise human rights concerns Sieglinde Weinbrenner, Brot für die Welt Norman Voss, The International Coalition for Papua Jonas Schubert, Terre des Hommes Susan Mathews, OHCHR 12:30 Reporting back to plenary Rapporteur WG 1 Rapporteur WG 2 Conclusions This session will sum up with special emphasis on policy recommendations. 13:00 Chair - Theodor Rathgeber, German Forum Human Rights (Germany) Substantive conclusions by all 6 WG Rapporteurs Comments by Rafendi Djamin, AICHR, Indonesia and Anke Konrad, Foreign Office, Germany 14:00 End of the Meeting / Sandwich Lunch / Departure of participants Responsible at FES for the Program: Felix Kirchmeier, Senior Program Officer, FES Geneva FKirchmeier@fes-geneva.org, phone: ; Page 6 Program - The Human Rights Council after the Review