Some 19,000 refugees have reportedly left the Karabakh Economic Region of the Republic of Azerbaijan, including many elderly people, women and children.  

UNHCR Spokesperson Shabia Mantoo called on all sides to protect civilians and to fully respect international humanitarian refugee law allowing them safe passage.

All parties must “refrain from actions that would cause displacement of civilians and ensure their safety, security and human rights and nobody should be forced to flee their homes”, said Ms. Mantoo, speaking during a scheduled UN agency briefing in Geneva.

Guterres ‘very concerned’ over displacement

In the regular noon briefing for reporters in New York, UN Spokesperson Stéphane Dujarric, said the UN chief António Guterres was “very concerned” about the displacement.

“It’s essential that the rights of the displaced populations be protected and that they receive the humanitarian support they are owed,” said the Spokesperson.

He underlined that at this point, the UN was “not involved in the humanitarian situation” within the region, but the UN aid coordination office (OCHA) is on the ground in Armenia.

Conflict between Armenia and Azerbaijan over the region has persisted for more than three decades, but a ceasefire and subsequent Trilateral Statement was agreed almost three years ago following six weeks of fighting, by the leaders of Armenia, Azerbaijan and Russia, leading to the deployment of several thousand Russian peacekeepers. 

Amid last week’s flare-up in fighting and the arrival of the first refugees in Armenia, the UN chief called for fully-fledged access for aid workers to people in need.

De-escalation call

Mr. Guterres also called for de-escalation “in the strongest terms” and “stricter” observance of the 2020 ceasefire, and principles of international humanitarian law. 

Echoing that appeal, UNHCR’s Ms. Mantoo explained on Tuesday that amid the “complex and multicultural” situation, access to asylum must be maintained for people in need of international protection “to ensure that people are treated humanely, that their rights are protected and respected, and that they can access the protection and safety that they need”.  

Support is also needed for countries at the front lines that are receiving people in need of protection, Ms. Mantoo said. 

The UNHCR official also called for “alternatives for a legal stay”, and an “expansion of regular and safe pathways so people don’t have to risk their lives and that we don’t see these types of backlogs and pressures”.

International solidarity call

She reiterated that the regional response requires international solidarity and a concerted effort by all States and stakeholders. 

Regarding UNHCR’s teams on the ground in Armenia, Ms. Mantoo explained that they were monitoring the situation closely.  

People were “suffering the effects of trauma and exhaustion and need urgent psychosocial support” Ms. Mantoo said, adding that the government of Armenia was leading the response and was expected to appeal to the international community for further support.  

For its part, the UN agency has also provided assistance, including non-food items, portable beds, mattresses and bedding. “There is also a need for shelter, warm clothing and other essential non-food items. And we’re mobilizing further assistance and coordinating with local government and partners to respond to the increasing needs,” she added. 

In a statement released late on Tuesday, the UN human rights chief Volker Türk added his concern over the evolving situation. 

“Any reported violations of human rights or international humanitarian law require follow-up, including prompt, independent and transparent investigations to ensure accountability and redress for the victims”, he said.

He reminded that all countries must not deny ethnic, religious or linguistic minorities “the right to enjoy their own culture, to profess and practice their own religion, or to use their own language.”

UNICEF Representative in Mali, Pierre Ngom, told reporters in Geneva that dozens of children have been killed this month alone by non-State armed groups in the north and centre of the country. 

An attack on a boat on the Gao-Timbuktu axis on 7 September claimed the lives of at least 24 youngsters.

Mr. Ngom called for urgent action to protect and support children in Mali: “Investments in peace and security must go hand in hand with getting all children in school and learning, fully vaccinated, protected from grave violations, and free from malnutrition.”

Peacekeeping withdrawl

He said that heightened insecurity has been further amplified by the ongoing departure of UN peacekeepers.

The UN Stabilization Mission in Mali (MINUSMA) pull-out is scheduled for the end of the year. Mr. Ngom underscored that MINUSMA was helping ensure the safety of UNICEF teams implementing vaccination campaigns in insecure zones.

According to UNICEF, with just a few weeks until the start of the 2023-2024 academic year, more than 1,500 out of 9,000 schools are not functional.

In the southeastern Ménaka region, half of all schools are closed. In all, half a million children are affected, but UNICEF is working with the Government to provide classes through radio programming, and recruit community volunteers to fill in for teachers. 

Brazil: UN rights office hails ‘encouraging’ ruling on Indigenous Peoples’ land claims

The UN human rights office (OHCHR) welcomed on Tuesday a recent Brazilian Supreme Court ruling in favour of a land rights case brought by Indigenous Peoples. 

OHCHR said that the landmark decision rejected time restrictions on Indigenous People’s claims to their ancestral land and called it “very encouraging”.

An opposing legal argument would have blocked Indigenous Peoples who were not living on their ancestral land 35 years ago from laying claim to it today; 1988 was the year when Brazil’s constitution was adopted. 

OHCHR said that such limits would have “perpetuated and aggravated historic injustices suffered by Brazil´s Indigenous Peoples”.

The UN rights office said that it remained concerned that a draft bill currently being discussed in Congress was seeking to impose the 1988 deadline which has now been rejected by the Supreme Court.

Failure to ensure judicial independence impeding justice in Montenegro: UN expert

Failure to elect a seventh member of the Constitutional Court, the Supreme State Prosecutor and new lay members of Montenegro’s judicial council, has put plans for judicial reform at risk there, an independent UN rights expert said on Tuesday.

Margaret Satterthwaite, UN Special Rapporteur on the independence of judges and lawyers said in a statement at the end of an official visit there that this would hinder access to justice “for all its citizens.” 

She added that Montenegro’s Parliament had failed, on multiple occasions, to elect the new members needed to staff these important institutions.

“As a result, strategic leadership in these institutions is lacking, and planning and action for reform of the system is not possible”, she said.

‘Country above politics’

“Members of Parliament must put the interests of their country above politics, and ensure these appointments take place without any further delay.” 

Ms. Satterthwaite said she had met with judges and prosecutors who reported working in conditions that were manifestly underfunded.

Buildings were old, too small, and in a poor state of repair. There was insufficient office space, creating security risks for judges and prosecutors. Up to date information technology and digitalisation was severely lacking, she said.

“During my visits to courts, I was shocked to see and hear about inadequate facilities for storage of archives and evidence, including firearms and drugs,” the independent expert added.

Special Rapporteurs and other independent experts are appointed by the UN Human Rights Council, are not staff and do not receive a salary for their investigative work. 

Marta Valiñas, Chair of the Independent International Fact-Finding Mission on Venezuela, presented its latest report to the UN Human Rights Council in Geneva, which covers the period from January 2020 to August this year.

The report, which was published last week, focused on two areas: the various “repression mechanisms” used by the State, and the need to monitor a new security force whose members include officers who allegedly were involved in crimes against humanity.

‘Repressive tactics’

“What we are witnessing is the accumulated impact of these repressive tactics which have given rise to a predominant environment of fear, mistrust and self-censorship. As a consequence, the fundamental pillars of civic and democratic fora have been seriously eroded in Venezuela,” said Mr. Valiñas, speaking in Spanish.

She warned that repressive measures are likely to increase in the run-up to the presidential elections next year.

During the reporting period, at least 58 persons were arbitrarily detained, according to the report.

They included trade union leaders, human rights defenders, members of non-governmental organizations, journalists, opposition party members, and others who voiced criticism of the Government of President Nicholas Maduro.

Arbitrary killings and torture

The Mission investigated nine deaths to determine if they were linked to detention, finding reasonable grounds to believe that five were arbitrary killings that could be attributed to the State authorities.

Furthermore, at least 14 individuals were forcibly disappeared for periods ranging from several hours up to 10 days.  The Mission documented 28 cases of torture or degrading treatment in official or clandestine places of detention, with sexual and gender-based violence being most prevalent.

Ms. Valiñas said these incidents represent a decrease over previous reporting periods, reflecting a shift in the political and human rights crisis in Venezuela.

The onset of the COVID-19 pandemic resulted in the end of opposition protests, and subsequent mass arrests, torture and large-scale reprisals.  

Freedoms under attack

“Our conclusion is that in Venezuela, serious human rights violations continue, and that these violations are not isolated events. Rather, they reflect a policy of repressing dissent,” she said.

The Mission also investigated attempts against the freedoms of expression, assembly and peaceful association, and the right to participate in public life.  

“Numerous cases” of selective repression were documented, including against trade unionists, journalists, human rights defenders, political leaders, and their relatives. Key civil society institutions, political parties and the media have also been targeted.

New strategic force

The report also expressed concern over a new police body, the Directorate of Strategic and Tactical Actions (DAET), created in July 2022.

The Mission concluded that the DAET is a continuation of the disbanded Special Action Forces (FAES), which it had identified as one of the structures most involved in extrajudicial executions, among other gross human rights violations, in the context of fighting crime.  

Ms. Valiñas said 10 of the 15 top positions are held by former FAES leaders, “and these were already people who were named in former reports of our Mission because we believe that they have been involved in international crimes.”

She cited allegations around the new force’s involvement in operations last year that were linked to multiple assassinations and over 300 detentions.

“These actions were very similar to the strategies used by the Special Forces when they existed, including extrajudicial killings,” she said, calling for further investigation. 

The members of the UN Subcommittee on Prevention of Torture (SPT) issued the appeal after concluding their first visit to the State of Palestine, conducted from 10 to 21 September.

Daniel Fink, who headed the delegation, said they received full cooperation from the Palestinian Authority to visit locations in the West Bank, “but we regret that, despite all efforts, we were unable to visit detention facilities in Gaza.” 

The Palestinian Authority has administrative control over the West Bank while the militant group Hamas rules the Gaza Strip, which has been under Israeli blockade for more than 15 years.

High-level meetings 

The delegation visited 18 detention places in different locations in the West Bank, including prisons, police stations, facilities of the security forces, a psychiatric hospital and a military detention centre.

Members met with high-level officials, including the Prime Minister and the Minister of Interior, who coordinates the National Team for Monitoring the State’s Commitments. 

They also held meetings with other State authorities, and the Independent Commission on Human Rights, involving its Gaza branch. 

Establish monitory mechanism 

The experts recalled that Palestine has been a party to the Convention against Torture and its Optional Protocol since 2014 and 2017, respectively. 

States that ratify the Optional Protocol give the SPT the right to visit their places of detention and examine the treatment of people held there.

They said the Government has done much in the interim, pointing to recent positive relevant amendments to the penal code.

However, they remain concerned over the implementation of torture prevention measures during detention and the effective establishment of a monitory body, officially called the national preventive mechanism (NPM).

The delegation also engaged with entities working on drafting legislation related to the NPM and Mr. Fink expressed hope that their visit will prompt its swift formation.

“In particular, we look forward to seeing an independent body that can carry out its mandate in accordance with the State’s legal international obligations, including unannounced visits to any places of deprivation of liberty,” he added.

About UN experts

The SPT is composed of 25 independent and impartial experts from across the globe who monitor adherence to the Optional Protocol, which has been ratified by 93 countries.

They were appointed by the UN Human Rights Council, which is based in Geneva, and are neither UN staff nor are they paid for their work.

Four members visited the State of Palestine, accompanied by two human rights officers from the SPT Secretariat.

The delegation will submit a confidential report to the Palestinian authority in the coming months, which they hope will be made public.