José Francisco Calí Tzay, UN Special Rapporteur on the rights of Indigenous Peoples, expressed hope that governments will follow the Holy See’s lead, noting that its impact is still being felt today. 

‘Open wound’ 

“The doctrine of discovery is still an open wound for many Indigenous Peoples around the world,” he said. “It must be addressed as part of a reconciliation process between Indigenous Peoples and colonial States.” 

The papal doctrine was used to claim indigenous territories in the Americas, Africa and elsewhere in the world.  

Mr. Calí Tzay commended the Vatican’s recognition of the harmful effects of colonisation, including the pain suffered by Indigenous Peoples.  He welcomed Pope Francis’s call to abandon the colonising mentality and promote mutual respect and dialogue. 

‘Important step’ 

“The Holy See has taken an important step towards reconciliation and healing with Indigenous Peoples by rejecting all concepts that fail to recognise their inherent human rights,” he said.  

“The doctrine was recognised as vesting a unilateral right of European colonial powers to claim superior sovereignty and rights over Indigenous Peoples’ lands and resources, based on their supposed lack of civilisation and religion.”  

He added that it continues to have a negative impact on indigenous rights in some countries. 

Tool of deprivation 

He said the Doctrine of Discovery provides a legal basis to unilaterally deprive Indigenous Peoples of their rights to title and ownership of their traditional lands and territories by States that continue to use this legal theory as part of their national law, legislation, and jurisprudence, particularly in relation to land disputes. 

The UN expert noted that this was among the root causes of intergenerational trauma suffered by Indigenous Peoples, as currently manifested in high rates of suicide among youth, over-representation in the criminal justice system, disproportionate violence against women and girls, and racial discrimination. 

Review and repudiate 

He urged all States that still uphold the ‘Doctrine of Discovery’ to follow the Vatican’s lead in formally repudiating the decree and reviewing all jurisprudence and legislation that relies on it. 

Special Rapporteurs like Mr. Cali Tzay, and other UN Human Rights Council-appointed independent experts, are mandated to monitor and report on specific thematic issues or country situations, as part of the Council’s Special Procedures.  

They are not UN staff and do not receive any compensation for their work. 

According to news reports, as yet unidentified militants fired a barrage of rockets across the border, forcing Israeli civilians to seek shelter, and wounding at least two people.

Avoid unilateral action

“Concerning the situation between Lebanon and Israel, I can tell you that we condemn the multiple rockets being fired from Lebanon into northern Israel today”, said UN Spokesperson Stéphane Dujarric, briefing reporters at UN Headquarters in New York.

He said that the The UN Interim Force in Lebanon UNIFIL, “remains in contact with authorities on both sides” of the Blue Line – the frontier set by the UN in 2000 for the purposes of confirming Israeli withdrawal following its invasion of southern Lebanon.

Mr. Dujarric urge the parties to liaise with UN peacekeepers “and avoid any unilateral action that could further escalate the situation.”

Wider escalation ‘must be avoided’

In a tweet, the UN Special Coordinator for the Middle East Peace Process, Tor Wennesland, also condemned the launch of “indiscriminate rockets” from Lebanon, which he said was the largest incursion by rocket fire since 2006. 

“It is unacceptable and must stop. A wider escalation must be avoided“, he added.

The latest developments in the north, added to tension between Israelis and Palestinians over security and access to a site holy to both Jews and Muslims alike, the Al-Aqsa mosque complex – which is the third most revered site in Islam, and home to the central mosque also known to Palestinians as Al-Qibli.

On Wednesday, UN Secretary-General António Guterres said that he had been “shocked and appalled” by images of violence between Israeli security forces and Palestinian worshippers, inside the mosque that day.

Israeli forces stormed the Al-Qibli mosque overnight, arresting hundreds of people, amid chaotic scenes of beatings, and fireworks being let off.

‘Blatantly excessive’ use of force – independent expert

On Thursday, the UN Human Rights Council-appointed independent expert on the human rights situation in the Occupied Palestinian Territory, condemned what she termed the “violent incursions” by Israeli forces on the compound overall, and attacks on worshippers inside the mosque.

“As Palestinian Muslims gathered for Ramadan prayers exercising their right to worship in Al-Aqsa Mosque, Israeli authorities used blatantly excessive and unjustified force against them,” said Special Rapporteur, Francesca Albanese.

Francesca Albanese, Special Rapporteur for Human Rights situation in the oPt since 1967.

She said at least 31 Palestinians had been reportedly injured during Wednesday’s raid, adding that paramedics had allegedly been prevented from providing medical treatment to the wounded.

In a press release, she said that Israeli forces had violently entered the mosque, according to initial accounts, used stun grenades and tear gas, fired sponge-tipped bullets, and indiscriminately beat Muslim worshippers with batons and rifle butts.

She said that at least 450 Palestinian men were reportedly arrested, and some were kicked and slapped by escorting soldiers as they were led out.

‘Reckless and unlawful’

Ms. Albanese deplored the “reckless and unlawful” actions of Israeli forces, which reportedly allowed some 165 Jewish Israelis to enter the compound, in violation of the Status Quo Agreement, which she indicated that Israel was “bound to respect”.

“The well-known desire of Israeli settlers to either destroy the mosque or forcibly convert all or part of the compound into a synagogue, as happened to the Ibrahimi Mosque in Hebron, is a source of deep anxiety among Palestinians,” she said.

She added that it was “imperative that all parties comply with international law, without exception…Failure to do so fuels and perpetuates the culture of injustice and impunity.”

Special Rapporteurs like Ms. Albanese, and other UN Human Rights Council-appointed independent experts, are mandated to monitor and report on specific thematic issues or country situations. They are not UN staff and do not receive any compensation for their work.

The Special Rapporteur on the right to freedom of expression said she was encouraged by the Government’s plans to reform media laws in line with international standards. 

However, she was also alarmed by “the toxic public discourse, from politicians or public officials and amplified by tabloids, scapegoating the media, human rights defenders, ethnic minorities, LGBTI and those critical of the government.” 

Undermining public trust 

Ms. Khan warned that public trust in the media is undermined when journalists are labelled foreign agents, traitors, or enemies of the State, which increases the likelihood of attacks against the press while also impacting media freedom and democratic debate. 

“Freedom of expression is not a license to harass, intimidate or threaten critical voices,” she stressed. 

She urged the government to ensure that all State bodies implement the constitutional and legal framework upholding freedom of expression while combating hate speech and disinformation. 

Action against tabloids 

“Given the role that tabloids play in spreading hate speech, I am concerned that the electronic media regulatory body (REM) is failing to take appropriate action against the violators, failing to promote pluralism in media content, and allowing smear campaigns and harassment to continue,” the rights expert said. 

REM must be “independent, effective and accountable,” she advised. 

She also urged the Government to ensure the safety of journalists by taking measures to speed up investigations and legal proceedings related to threats and attacks. 

Political will required 

Ms. Khan called on the authorities to investigate and prosecute longstanding cases of journalists killed in Serbia.  “Killing journalists is the most egregious form of censorship. Impunity must not prevail,” she said. 

Finally, she stressed that the adoption of laws alone was not sufficient to protect freedom of expression.  

“What is needed is strong, unequivocal political leadership from the commitment to international standards. The legal commitments of the Government must be translated into action.” 

Visit to Kosovo 

Ms. Khan also travelled to neighbouring Kosovo during her visit. While welcoming the “pluralistic media landscape” there, she encouraged the authorities to continue to strengthen media freedom.  

“I urge the authorities to fully implement the law on languages and call on the international community to ensure adequate support to independent Serbian language media,” she said.  

They should also complete investigations into past killings and enforced disappearances of journalists, and ensure justice, she added. 

About UN Rapporteurs 

Special Rapporteurs are appointed by the UN Human Rights Council to monitor and report on specific country situations or thematic issues. 

These experts work on a voluntary basis and serve in their individual capacity. 

They are not UN staff and do not receive payment for their work. 

Dr. Ramiz Alakbarov, UN Humanitarian Coordinator for Afghanistan, said that amid severe underfunding, the move would “further undermine humanitarian partners’ ability to support the population, especially the most vulnerable such as women and girls”.

“The world cannot abandon the people of Afghanistan at this precarious moment,” Dr. Alakbarov insisted, before urging the international community “not to punish the Afghan people further by withholding critical funding”.

Multiple top UN officials, starting with Secretary-General António Guterres, have condemned the latest Taliban decision. On Wednesday, the deputy UN chief, Amina Mohammed, pledged continued engagement by UN leadership with Taliban representatives to resolve the situation.

Grim precedent

In a statement on Wednesday, the UN Assistance Mission in Afghanistan (UNAMA) said Special Representative Roza Otunbayeva, was engaging authorities at the highest level possible, as well as other Member States, the donor community and humanitarian partners, to reverse the latest Taliban decree.

“In the history of the United Nations, no other regime has ever tried to ban women from working for the Organization just because they are women. This decision represents an assault against women, the fundamental principles of the UN, and on international law,” said Ms. Otunbayeva.

Biggest aid operation

With a record 28.3 million people in need of assistance in 2023 and a humanitarian appeal of $4.6 billion, Afghanistan is the world’s largest aid operation. It is also the UN’s lowest-funded operation globally, at less than five per cent.

“While we continue to engage with the Taliban de-facto authorities to find a solution to these decrees, we urge the international community not to punish the Afghan people further by withholding critical funding”, said the Resident and Humanitarian Coordinator in Kabul.

“Aid agencies remain on the ground delivering life-saving assistance to millions of people, and national and international NGOs have continued to implement programmes over the past three months, despite the very challenging circumstances.

Keep the lifeline

“The population has already endured so much, it would be unconscionable to impose further harm on them by depriving them of an essential humanitarian lifeline,” said Dr. Alakbarov.

Over the past twenty months, Taliban leaders have issued a series of increasingly restrictive measures targeting women and girls which have sought to limit their participation in all aspects of social, economic and political life.

Rights experts demand Taliban reverse course

A large group of UN-appointed independent human rights experts on Thursday demanded the immediate reversal of the Taliban’s ban on Afghan women working for the UN.

They described it as unlawful discrimination, and a direct attack on women, “and wholly against the core values and principles” of the UN Charter, and the Universal Declaration of Human Rights (UDHR).

All Afghan lives at risk

The latest ban will further hamper the delivery of critical assistance to millions of Afghans in need of urgent support, with many of the worst impacted being women and girls, they warned.  

“In continuing to target, exclude and isolate women and girls in Afghan society and denying women from working in many professions in Afghanistan, the Taliban is putting at risk the lives of all Afghans and jeopardising the country’s future”, the Human Rights Council-appointed experts said.

“The Taliban is once again demonstrating its brazen disregard for women’s rights and their well-being, and the extent to which they will go to remove women from all areas of public life and strip them of their rights and dignity”.

Lift bans immediately

“The targeting of women and girls in Afghanistan and denying their fundamental rights because they are women increases concern about gender persecution, a crime against humanity, and those responsible must be held accountable,” they said.

 “We call on the de facto authorities to immediately lift the bans on women working with national and international NGOs and the United Nations”, their joint statement concluded.

Special Rapporteurs and other independent experts are mandated to monitor and report on specific thematic issues or country situations. They are not UN staff and do not receive any compensation for their work.

Special Rapporteur Margaret Satterthwaite expressed grave concern over interference in the investigation, including threats against Judge Tarek Bitar, who has been leading the process since February 2021. 

“Judges should never be threatened or subjected to criminal or disciplinary action simply for doing their job,” she said. 

Justice delayed 

More than 200 people died as a result of the blast, which ripped through Beirut’s port, causing extensive damage to the city, and unleashing dangerous chemicals into the atmosphere.  

Another 7,000 were injured, while some 300,000 people were displaced. 

Ms. Satterthwaite, whose mandate upholds the independence of judges and lawyers, condemned undue delays that have prevented justice for those affected by the disaster. 

“I am deeply disturbed by reports that former State officials and others who have been implicated in the case have disingenuously resorted to recusal proceedings and other challenging actions directed at the investigating judges appointed to examine the case,” she said.

“This has led to the replacement of an investigating judge in February 2021, as well as several suspensions of the investigation in recent months,” she added. 

Obstacles and threats 

The rights expert pointed to reports that since the explosion was referred to the Lebanese Judicial Council for investigation, authorities have rejected requests to lift parliamentary immunity and allow security officials to be questioned.  

She said the Lebanese Government has also failed to execute arrest warrants against former ministers.  Meanwhile, Judge Bitar has faced increasing obstacles and threats, and no one has been tried to date.  

On 23 January, the judge announced that investigations would resume following a 13-month pause, according to media reports. 

Two days later, he was charged with several offences, including ‘usurpation of power’, and subjected to a travel ban. 

Efforts to discredit 

“A number of motions have been filed with the intention of removing Judge Bitar from the case, and there is an ongoing campaign on television and social media to discredit him,” said Ms. Satterthwaite, noting that the judge has reportedly received credible death threats and is currently under military protection. 

“Judge Bitar must have the security he needs to carry out his work,” she said. “I urge Lebanese authorities to ensure that these threats are investigated, and that the judge, his colleagues and his family are adequately protected.” 

Ms. Satterthwaite said victims and their families have been seeking justice for well over two years.   

Uphold judicial independence 

She urged the authorities to take immediate action to protect the independence and integrity of the investigation and ensure that those responsible for the explosion can be held accountable. 

“Those affected by the blast have a fundamental right to the protection of the law and to effective remedies,” the UN expert said. “That can only happen if the independence of the judiciary is upheld.” 

About UN Special Rapporteurs 

Special Rapporteurs and other independent experts are appointed by the UN Human Rights Council in Geneva to monitor and report on specific country situations or thematic issues. 

They are not UN staff and do not receive payment for their work.

In statements on Wednesday, Secretary-General António Guterres was joined by deputy chief Amina Mohammed, in describing the latest escalation of the de facto authorities’ suppression of women, as a violation of their inalienable fundamental human rights.

“It also violates Afghanistan’s obligations under international human rights law, and infringes on the principle of non-discrimination, which is a core tenet underpinning the United Nations Charter”, said Mr. Guterres, in statement issued by his Spokesperson.

Rights violations mount

Since overthrowing the democratically elected Government of Afghanistan in August 2021, Taliban leaders have steadily eroded the rights of women and girls in public life, introducing a ban on secondary schooling, higher education, working for non-governmental organisations, and their rights to freedom of movement.

Bans are already in force preventing them in effect from working, studying, and travelling without male chaperones.

‘Essential’ to life-saving operations

The UN chief said that female staff members were “essential” for all UN operations, which are directed by the Assistance Mission in the country, UNAMA, and which include the delivery of life-saving assistance.

“The enforcement of this decision will harm the Afghan people, millions of whom are in need of this assistance”, the statement said. “The Secretary-General calls on the Taliban to immediately revoke the decision and reverse all measures that restrict women’s and girls’ rights to work, education and freedom of movement.”

Speaking to journalists at UN Headquarters in New York on Wednesday ahead of a sustainable development report briefing, the Deputy Secretary-General reminded that she had met many of the women now facing a ban and the loss of their livelihoods, in a visit to Afghanistan at the beginning of the year.

‘Taking all measures’ to support women staff

“We reiterate that both Afghan women and men are essential to all aspects of our work”, she said, adding that the UN “was taking all possible measures right now to support our national female staff at this difficult time.”

She said UN national female staff will continue to receive their salaries, but until further clarification is received, all national staff – both men and women – are being told not to report to the office.

She said she had been involved in a meeting with the Foreign Affairs minister of the de facto authorities earlier Wednesday morning, and pledged that UN leadership would “continue to engage” with Taliban representatives, “as well as neighbouring countries” to resolve the latest human rights infringements.

Most vulnerable worst hit

The President of the General Assembly, Csaba Kőrösi, also strongly condemned the move, calling it a “blatant violation” of women and girls’ human rights.

“The consequences of this decision would harm the Afghan people, in particular the most vulnerable segments of the population”, he said, noting that Afghanistan needs to get on the path towards sustainable development, “and for that, it should mobilize the country’s full potential.”

‘Utterly despicable’

The UN human rights chief Volker Türk, described the latest erosion of rights for women in Afghanistan as an “utterly despicable” move.

“This is a systematic, relentless assault on the people of Afghanistan as a whole by the Taliban”, he said, who he said seemed to be “working to incapacitate, intimidate and harass half of the population.”

He called on the leadership to rethink all of the restrictive policies introduced to curb women’s rights, “for the sake of the future of the country.”

UN Women vows to stay and deliver

The head of UN Women, Sima Bahous, said her agency “was determined to continue in every way possible to deliver vital services and support, so no woman or girl will be left out or left behind.”

Almost a quarter of households in Afghanistan are female-headed, she pointed out in a statement responding to the Taliban decree, adding that what the people need, is “more aid, not less.”

“I saw and heard this firsthand from Afghan women on my recent visit there”, she continued. “At this dark hour, we must not forget them. The removal of skilled women aid workers, decreases women and girls access to critical life-saving services, and it increases their risks when they have to seek assistance from men instead.”

“We extend our heartfelt support and solidarity to the hundreds of thousands affected by Freddy, the longest-lasting tropical cyclone ever recorded in the southern hemisphere,” the UN-appointed human rights experts said in a statement.

“The cyclone has had a devastating toll on people across 14 districts – nearly half the country – causing loss of lives, destruction of homes, livelihoods and infrastructure,” they said.

“Cyclone Freddy submerged and washed away hundreds of thousands of hectares of crops, leaving more than half a million people displaced and sheltered in camps across flood-affected areas,” the Special Rapporteurs added.

Hundreds still missing

Difficult weather conditions continue to hinder search and rescue operations in areas only accessible via air, while other regions remain impossible to reach because of flooding and landslides.

Hundreds remain missing and authorities anticipate that numbers will likely increase. The cyclone has further compromised communities already struggling with the spread of cholera, in addition to straining an already precarious health sector.

“The disaster has left an estimated 1.1 million people in dire need of urgent humanitarian support with the most immediate needs being shelter, food, clean water, sanitation and hygiene, health, and safety,” the experts said.

They added that protecting the most vulnerable internally displaced persons in sites and ensuring timely and adequate access to food and healthcare was paramount, “including by the provision of sexual and reproductive health care and protection services for women and girls, unaccompanied and separated children, LGBTI persons, people with disabilities and older persons, without discrimination”.

Resilience in the face of the disaster

The Human Rights Council-mandated experts commended the Government and the people of Malawi for their strength and resilience in the face of disaster.

“We hope that affected communities can contribute their traditional knowledge and valuable perspectives in the design of programmatic responses, disaster risk reduction strategies and durable solutions,” the human right experts said. “The rights and dignity of affected populations must be respected in the recovery, rehabilitation and reconstruction in the aftermath.

Supporting the people

The experts called for an expansion in humanitarian aid, in addition to a boost in the number of development partners, businesses, and financial institutions prepared to partner with the Government of Malawi to mitigate the impact on affected communities.

“Malawi needs to develop durable solutions to avert, minimise and address disaster displacement through climate adaptation measures, preparedness and disaster risk reduction,” they said. 

“Despite contributing little to the problem, Malawi is facing the impacts of climate change. We call on big emitter States, who are disproportionately responsible for the climate crisis, to make drastic cuts to their emissions, and scale up finance for adaptation and loss and damage,” they said.  

Special Rapporteurs are appointed by the UN Human Rights Council, which is based in Geneva. These independent experts are mandated to monitor and report on specific thematic issues or country situations. They are not UN staff and do not receive any compensation for their work.