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Human rights defenders around the world are being harassed, arrested, detained, ill-treated and charged with terrorism-related offences. As both of our special rapporteur mandates have
consistently documented, the actual conduct of these activists involves promoting and protecting human rights, specifically rights protected by international law. One of us, Fionnuala, has
reported that more than 66 percent of all communications to governments from her mandate between 2005 and 2018 involved the misuse of a counterterrorism or extremism measure against a civil
society actor. The other, Mary, advocates daily on the misuse of security measures against human rights defenders in multiple countries. We are concerned that the consolidation of a global
counterterrorism architecture creates a permissive and enabling environment that sustains and facilitates such abuse, and that a large portion of that system is found within the United
Nations itself. The Egyptian government last week demonstrated an egregious example of the misuse of terrorism charges allied with the application of truly exceptional legal process, when it
targeted a leading independent human rights organization, the Egyptian Initiative for Personal Rights (EIPR). EIPR is one of the most respected and well-known organizations in the region.
The authorities have targeted the organization since 2016, when the bank accounts of former EIPR Director and Founder Hossam Bahgat were frozen and he was banned from leaving the country. In
February 2020, EIPR’s gender rights researcher, Patrick Zaki, was arrested, and he remains in pre-trial detention on charges relating to terrorism and incitement. Last week, three EIPR
officials were arrested by Egyptian security forces: Executive Director Gasser Abdel Razek; Karim Ennarah, director of criminal justice; and Mohammad Basheer, administrative manager. They
face terrorism and public security charges. Reports of their court appearances raised deep concerns for us both about their treatment in custody, because of their physical condition and
information gleaned about detention conditions. It seems that the arrests were in direct retaliation for a meeting the three advocates had with diplomats from 13 countries including Canada,
the United Kingdom, France, Finland, Sweden, and Germany, among others. These countries and other government institutions and representatives have been quick to react to this behavior by the
Egyptian government, which would appear to undermine good relations between Egypt and tacit allies: > EUROPEAN UNION PARLIAMENT — Statement by leading ministers of the > EU
Parliament: “We are appalled by the arrests of Mohamed Basheer, > Karim Ennarah and Gasser Abdel-Razek, who are senior staff members > working for the Egyptian Initiative for Personal
Rights (EIPR). EIPR > is a prominent Egyptian human rights organisation and one of the few > remaining ones that openly advocates for basic freedoms in Egypt, > where the government
has been adopting repressive policies against > all independent voices. These are dramatic developments, since the > first of the three arrests came just hours after a meeting between
> EIPR and diplomats, including from the EU, and constitutes a new > level of crackdown on NGOs. We call for the release of all those > detained in Egypt for peacefully exercising
their rights to freedom > of expression and association.” > > EU EXTERNAL ACTION SERVICE — Statement by the spokesperson on > recent arrests of human rights activists, reading
in part: “These > developments are of significant concern, which the EU has conveyed > to the Egyptian authorities. The EIPR provides a critical and > invaluable service to the
Egyptian people by promoting political, > civil, economic and social rights, with a focus on personal rights > and freedoms. It is a well-respected interlocutor that has put >
particular emphasis on the importance of operating in full > transparency. Providing space to civil society is a joint commitment > enshrined in the EU–Egypt Partnership Priorities,
and is > stipulated in the Egyptian Constitution. Respect for human rights > and fundamental freedoms constitutes an essential element of > EU-Egypt relations.” > > GERMANY –
Ministry of Foreign Affairs statement from Commissioner > for Human Rights Policy and Humanitarian Assistance Bärbel Kofler > (available only in German). > > CANADA — Global
Affairs Canada on Twitter: “#Canada is deeply > concerned by the detention of three employees of @EIPR. We urge > Egyptian authorities to uphold fundamental freedoms of expression >
and belief as well as human rights. #HumanRights defenders must be > allowed to work without fear of arrest or reprisals. #EIPR” > > UNITED STATES – State Department comment on
Twitter: “We are > deeply concerned about the detention of two employees of the > Egyptian Initiative for Personal Rights, which works to strengthen & > protect rights &
freedoms in Egypt. The United States believes that > all people should be free to express their beliefs and advocate > peacefully.” > > ANTONY BLINKEN (Biden nominee for U.S.
Secretary of State) – > Statement on Twitter, also forwarding above State Department > comment. He wrote: “Share concern re. #Egypt‘s arrests of three > employees of the Egyptian
Initiative for Personal Rights. Meeting > with foreign diplomats is not a crime. Nor is peacefully advocating > for human rights.” > > FRANCE – Foreign Ministry statement,
reading in part: “France > expresses its deep concern over the arrest of Mohamed Bashir, > executive director of the Egyptian Initiative for Personal Rights > (EIPR), an
organization that promotes human rights in Egypt.” While these expressions of solidarity are laudable, they point to the need for a more profound and uncomfortable conversation among States
and within the United Nations on the rampant abuse of counterterrorism measures against those who defend the U.N. Charter, the Universal Declaration of Human Rights and international human
rights treaties. As egregious as these arrests may be, they are not isolated and EIPR is far from alone in being targeted by abusive counterterrorism measures under domestic law.
Counterterrorism law and practice, enabled and supported by an ever-growing U.N. architecture, is fast expanding across the globe, and independent human rights oversight of its
capacity-building and technical work is limited and resource constrained. Governments wary of dissent, freedom of expression and assembly, and open political participation are increasingly
using counterterrorism as a tool of governance. Security is not a byproduct of government; it is government, and the first line causalities are human rights defenders. There is a profound
need by states to hold other states abusing counterterrorism and security laws and practice to account, in meaningful and practical ways. Equally, a preponderance of States needs to reign in
the permissive global environment spawning outwards from the United Nations that has become the foundation from which domestic abuse is legitimized and enabled. The United Nations must
speak in one voice — that is, not only with the voice of the U.N.’s human rights constituency that we represent, but across the system, including that part of the system that promotes and
supports counterterrorism. We must, together, draw a red-line, and actually #standupforhumanrights. Abusive states read the doublespeak of U.N. entities: Special Rapporteurs such as us
complaining about human rights violations, even as other elements such as counter-terrorism entities remain silent. It is not enough anymore to say that human rights advocates and civil
society are the U.N.’s partners in the fight against terrorism and extremism, when they are the global targets of abuse and misuse. Speaking up for human rights does not make a human rights
defender a terrorist; it makes them a defender of international law and the rules that we all, in theory, uphold. It is time we all collectively speak up for those defenders and the values
they defend. _(The authors are, respectively, the U.N. Special Rapporteur on Human Rights Defenders and the U.N. Special Rapporteur on Counter-Terrorism and Human Rights.)__ _ _IMAGE: EIPR
VIA TWITTER._ FEATURED IMAGE: EIPR via Twitter.