Fourteenth Human Rights Report of the German Government Reference Period: 1 October 2018 Until 30 September 2020
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Fourteenth Human Rights Report of the German Government Reference period: 1 October 2018 until 30 September 2020 1 Federal Minister for Foreign Affairs Heiko Maas meets Svetlana Tikhanovskaya, an unaffliated civil rights activist and candidate for the presidential elections in Belarus in 2020, for talks at the Federal Foreign Offce in Berlin on 7 October 2020 © photothek. Dear readers, Fate has bestowed upon her a role that she would hardly have envisaged for herself. Teacher, translator, mother – these are the words people would perhaps have used to describe Svetlana Tikhanovskaya before the events in Belarus in 2020, when they were joined by a few more: presidential candidate, opposition leader, human rights activist. The state crackdowns in Belarus in connection with the presidential elec- tions drove her to take on her husband’s candidacy after he was barred from standing for election. Following his arrest, she became one of the leading fgures of the protest movement and a voice for freedom, democracy and human rights in Belarus. Civil society in Belarus is representative of many people in the world who are taking a stand against oppression and the curtailment of their human rights. Who are showing authoritarian rulers that there are limits to their tyranny. Who are responding to power with truth. 2 The shrinkage of civil society spaces nonetheless remains a widespread and growing phenomenon. One which the Federal Government is working deter- minedly to counteract through its human rights engagement. The fact that in some places the COVID-19 pandemic is being used as an excuse for repressive measures under the pretext of maintaining public order and protecting public health is an even clearer sign of how vital this engagement is. Women are often particularly affected. They have already long been fghting for recognition and equal opportunities, and in the pandemic they are now facing even more challenges. Often they are solely responsible for caregiving, whether childcare or looking after sick or elderly family members. That not only limits their capacity to assume responsibility in civil society or political functions. It also marks a return to outdated stereotypes which were believed to have long been overcome. Yet the COVID-19 pandemic is not solely to blame. It is often a deliberate ploy. The systematic campaigning of ostensibly conservative policymakers with the goal of reversing signifcant achievements in the area of equal opportunities has become known as “pushback”. We don’t need to go very far to see the fundamental value of the Universal Declaration of Human Rights – that all human beings are born free and equal in dignity and rights – being called into question. The Federal Government is working to counteract this regression. But that is not all. This year, we have celebrated the 25th anniversary of the groundbreaking World Conference on Women in Beijing as well as the 20th anniversary of the UN Security Council Resolution 1325 on Women, Peace and Security. It is high time for women to sit at the negotiating table when the future of confict-ridden societies is under discussion. The scientifcally proven statement that peace is more enduring and incorporates broader sec- tions of the population when women have a say in shaping it is now almost universally accepted. We are passionately working on this and many other human rights issues, not least in the United Nations Security Council. For we know all too well that peace and security and the protection of human rights are interdependent. During our membership we have succeeded in bringing the Human Rights Council in Geneva and the UN Security Council in New York closer together and anchoring the issue of human rights frmly on the agenda in New York. When we leave the Council at the end of 2020, the partners who succeed us will continue to promote this goal. 3 Over the past year, we have taken the opportunity offered by our parallel membership of the UN Security Council and the UN Human Rights Council and our Presidency of the EU Council to drive forward our human rights agenda in numerous areas. Our Presidency of the Committee of Ministers of the Council of Europe from November 2020 to May 2021 will continue to provide us with a forum for this activity, as will the additional two years of membership in the UN Human Rights Council. These institutions are fanked by a close-knit network of other established instruments and mechanisms – ranging from the Offce of the United Nations High Commissioner for Human Rights and the numerous United Nations supervisory committees and mandate holders, through the OSCE’s third dimension, the human dimension, and the European Court of Human Rights, to the Charter of fundamental rights of the European Union. However, these achievements of multilateral policymaking – in the feld of human rights and beyond – are being more and more frequently called into question and the rules of multilateralism disregarded. We and our partners are often challenged by attempts to water down universal values. Yet alongside this defensive battle which we are continually fghting we can also set a pos- itive agenda of cooperation to fnd global solutions on the basis of common values. We have achieved this with the Alliance for Multilateralism. With more than 60 members, it actively works to shape multilateral policy felds, such as human rights during the conference entitled “Advocating Human Rights in the 21st Century”, which took place at the Federal Foreign Offce in December 2019. It also focuses on future-defning issues such as digital transformation and climate change and their impact on human rights. Germany’s engagement in the area of human rights is held in high regard throughout the world. This is a result of the Federal Government’s activity in this feld in cooperation with foreign partners and in other countries, but not only that. Another signifcant factor is our credibility on the global stage, as we strive to ensure that human rights are also protected at home. These efforts fnd their expression, for example, in Germany’s commitment to implementing the international community’s recommendations in the UN Human Rights Council’s Universal Periodic Review. I would like to offer my sincere thanks to all the staff of the federal ministries and subordinate authorities who work to ensure that we do not tire of continuing to improve our own human rights record. 4 In this task, we receive constructive criticism and support from nongovern- mental players in Germany and throughout the world. To them, too, I convey my gratitude and respect for this and for their engagement in the numerous felds related to human rights. In many countries, human rights defenders put themselves at great personal risk. A fact that we wish to acknowledge through the founding of the Elisabeth Selbert Initiative for persecuted hu- man rights defenders, which helps to remove committed activists from the fring line of repression so that they can continue their engagement in the medium and long term. Svetlana Tikhanovskaya is one of the people who are willing to shoulder a considerable personal burden for the sake of preserving human rights. She represents many people whose names we may never know but who likewise decide on a daily basis to stand up for human rights. I have great respect for all of them. Only together can we defend the foundation of values on which free, democratic societies are built. Only together can we respond to issues affecting the future in such a way that respect for human rights does not just remain an ambition but can become a reality for everyone. This goal is what drives the engagement of the Federal Government, which will continue to make every effort to ensure that human rights are respected throughout the world. Heiko Maas, Federal Minister for Foreign Affairs 5 Contents Preliminary remarks and guide to the report .................................... 13 Structure of the report .................................................... 14 Replies to the German Bundestag .......................................... 15 A German Government’s Action Plan for Human Rights 2021 – 2022 ............ 17 Preserving and expanding the human rights acquis .......................... 22 1. Strengthening human rights in the context of the digital transition ..... 22 2. Tackling climate action, protection of biodiversity and the environment and defence of human rights as a unifed challenge ................... 23 3. Promoting the rights to water and sanitation, health, housing and nutrition . 25 4. Strengthening human rights in the context of business and trade ...... 27 5. Championing freedom of the media and freedom of opinion .......... 28 6. Championing freedom of religion or belief ........................... 29 7. Championing gender equality . 31 8. Actively promoting the Women, Peace and Security Agenda ........... 34 9. Combating discrimination based on sexual orientation or gender identity . 35 10. Strengthening children’s rights ..................................... 37 11. Championing the rights of migrants, asylum seekers and refugees . 38 12. Championing the rights of minorities and indigenous peoples . 40 13. Strengthening the rights of older people ............................ 41 14. Promoting the right to education ................................... 41 Combating human rights violations ........................................ 44 15. Combating racism, antisemitism and other forms of hatred against particular groups . 44 16. Opposing the death penalty around