Niccolo Fantin, Author at UpRights

Throughout June UpRights delivered a training programme on auditing GOTS human rights due diligence (HRDD). The training was funded, in part, through an Impulse Grant from ISEAL Innovations Fund in partnership with the Global Standard.

The training was delivered to 30 auditors from 17 different GOTS-approved Certification Bodies across the world, in Germany, the United Kingdom, France, Portugal, Poland, Italy, Turkey, India, Bangladesh, China, and Indonesia.

Participating auditors learned to effectively audit GOTS Certified Entities in line with GOTS criteria, including particularly GOTS due diligence requirements as modelled on the OECD six steps of due diligence, and in line with fast-moving HRDD developments.

The training structure comprised four, full-day modules: Module 1, as a microcosm of the overall programme, covered GOTS due diligence and auditing techniques to verify that due diligence. Module 2 expanded on the theoretical foundations in the first module by covering other legal frameworks applying alongside GOTS, particularly the EU Corporate Sustainability Due Diligence Directive and select national HRDD legislation. Module 3 expanded on the practical foundations in the first module by way of a large-scale exercise, with small break-out groups undertaking a simulated facility walkthrough, interviews with workers, management and stakeholders, and document review and analysis. Module 4 covered pivotal cross-cutting issues, namely gender- and diversity-responsive HRDD auditing, cultural sensitivity, and enterprise pressures.

Methodologically, the training involved presentations, lively Q&A, open discussions, case studies, and the break-out group work. The training was presented by UpRights and Global Standard personnel, as well as guest presentations by specialists in certain subject matters including from the OECD, academia, and legal practitioners.

This was the culmination of a long journey. An UpRights-Global Standard consortium started a long-term needs assessment in 2023, including interviews with GOTS auditors. The consortium heard auditors’ unequivocal voices about the need for support, notedly in the form of training, to deal with the introduction of GOTS due diligence requirements, and the fluid, rapid developments in the HRDD legislative and regulatory landscape at the international, regional and national levels. This was followed by analysis and mapping out high-level purpose, objectives, and possible parameters for the form and content of the training. The needs assessment culminated in a research paper, a draft continuous learning policy, and the draft curriculum for the training programme, which comprised the first phase of this project.

UpRights and the Global Standard also jointly applied for an Impulse Grant from the ISEAL Innovations Fund, in late 2024, financed by the Swiss State Secretariat for Economic Affairs (SECO) and UK International Development from the UK government. This grant was successfully awarded to the consortium in early 2025, enabling the development of the modules. This included training materials, and pre- and post-course assessments, as well as the delivery of the four training sessions, which comprised the second phase of the project.

Initial feedback on the course from participating auditors includes:

“[A] dynamic and professional training […] I appreciated these sessions very much.”

“Thank you [for] this meaningful and eye-opening training. I truly learned how to see beyond documents and better understand the real human rights risks in factories.”

“One thing I really appreciated about this module was how it clearly explained the latest updates in human rights due diligence laws. The way it connected the EU CSDDD with national laws and global frameworks made a complex topic much easier to understand. It really helped me see the bigger picture and how everything fits together in the real world of compliance and auditing.”

[On the Module 3 simulation exercise:] “The realistic audit flow was excellent. Going through desk review, walkthroughs, interviews, and document checks made it feel like we were in an actual audit. It really helped connect theory with practice […] Overall, a really engaging session—looking forward to more exercises like this!”

UpRights is very pleased to have had the opportunity to execute this project. UpRights looks forward to enhancing the training programme, scaling it up, extending and diversifying it, as well as keeping it up to date with future HRDD developments including for example the European Commission’s Omnibus Simplification Package and sector-/subsector-specific developments. This with a view to further contributing to strengthening the Global Standard and the wider system of voluntary sustainability standards in the textiles industry, to drive positive change in business and human rights.

(This project was possible thanks to an Impulse Grant from ISEAL Innovations Fund, with funding from the Swiss State Secretariat for Economic Affairs (SECO) and UK International Development from the UK government.

As UpRights marks its fifth year, we are proud to release our 2024 Annual Report detailing our concrete efforts to promote a fair and just international system which promotes human rights and supports the rule of law. Our latest report details how, over the past year, we have:

Trained over 100 civil society actors and staff from international organizations on the documentation and adjudication of human rights violations and international crimes;

Strengthened the capacities of over 200 representatives of national authorities across Ukraine to confront challenges related to transitional justice matters;

Supported the worldwide leading textile processing standard for organic fibres in due diligence certification and developed a training programme on auditing human rights due diligence;

With partners, analysed and set out legal and policy recommendations promoting the rights of migrants and refugees, women, children, and LGBTQIA+ persons.

As detailed in our report, justice is not only about accountability for the past, but also about creating fair and just structures that prevent future abuses, promote human rights and contribute to resilient societies.

We invite you to read the full report and explore how, together with our partners, we are helping build more just, resilient, and rights-based societies.

📘 Read UpRights’ 2024 Annual Report

HERE

On Monday, 30 June the Organisation for Economic Co-operation and Development released its final report on the Alignment Assessment of the leading voluntary sustanability standard in the textile sector. The degree of alignment shows a very close incorporation of OECD due diligence into the framework.

The OECD’s present report covers the Standards Assessment component of the Alignment Assessment process. This has been a long-term endeavour, starting in the summer of 2023. The Global Standard enhanced all its existing documents and enacted new documents (including the Standard, Implementation Manual and Due Diligence Handbook for Certified Entities) to give effect to the OECD’s Due Diligence Guidance for Responsible Supply Chains in the Garment and Footwear Sector. UpRights undertook analysis and drafting for the Global Standard to help it to reach this achievement.

In parallel, UpRights supported the Global Standard to develop a new Due Diligence Handbook for Auditors, which was released last November (for further details, see website post of 19 November 2024). The Handbook is designed to give auditors practical guidance on auditing compliance with the OECD/Global Standard’s six steps of due diligence, as well as the Global Standard’s wider human rights and social criteria.

Moreover, UpRights and GOTS have undertaken a long-term needs assessment and developed a continuous learning policy and pilot training programme. This training addresses key developments on human rights due diligence in a fluid, changing landscape.

UpRights looks forward to continuing this meaningful work with the Global Standard.

On 26 May 2025, UpRights contributed to the “Building Bridges Through Justice: Addressing the Consequences of Russian Aggression” conference held in Kyiv. Convened by the European Union Advisory Mission (EUAM) Ukraine, the event brought together national and international experts, public officials, and civil society to confront the need to develop an inclusive, sustainable vision for justice while Ukraine continues to endure the consequences of full-scale aggression.

Asa Solway, Co-Director of UpRights, joined the opening panel, which considered mapping the array of harms inflicted by the Russian invasion – from war crimes and forced displacement to deep societal divisions and the complexity of reintegrating liberated territories. In his remarks, Asa emphasized the importance of identifying harms in a manner that not only supports accountability efforts but take an inclusive approach to identify criminal and non-criminal harms that will need to be addressed in both short and long-term processes.

Reflecting on comparative experiences, including the delayed engagement of the International Criminal Tribunal for the former Yugoslavia with victims and civil society, Asa stressed the necessity of involving affected communities from the outset by underscoring that a transitional justice strategy offers a valuable framework for developing the extraordinary measures required to respond to the scale and scope of violations Ukraine faces.

Central to Asa’s intervention was the call for a comprehensive, context-sensitive strategy to justice – one that includes but also goes beyond prosecutions. He underscored that criminal trials alone cannot capture the full spectrum of harms experienced by victims, nor can they address the gaps that inevitably emerge when perpetrators evade apprehension. Instead, a multi-dimensional approach is needed: one that includes documentation for both legal accountability and memorialisation; one that draws on the expertise of Ukrainian civil society and government actors at all levels; and one that remains transparent about its limitations to maintain public trust.

As Asa concluded, developing a justice plan for Ukraine must be an iterative process, grounded in local realities, responsive to victims’ needs, and supported by international expertise where appropriate. A strategy that begins with a clear understanding of harms, consults broadly across society, and remains adaptable will be essential not only to secure justice, but to support healing and national unity in the years to come.

UpRights is grateful for the opportunity to have contributed to this important conversation and continues to support Ukraine through its contribution to the ‘Restoring Dignity and Justice in Ukraine’ programme, focusing on advancing accountability for international crimes committed in Ukraine. The full programme is funded by the Netherlands Ministry of Foreign Affairs and is implemented by the International Development Law Organisation (IDLO), in partnership with the T.M.C. Asser Institute, the Center for International Legal Cooperation (CILC), and the Netherlands Helsinki Committee (NHC).

Geneva, Switzerland and The Hague, The Netherlands, April 17, 2025 — Last week, UpRights’ report “The Congolese Justice System and Crimes Against the Peace and Security of Mankind: Progress, Challenges, and Prospects,” was launched during a high-level workshop co-chaired by TRIAL International and the Congolese Conseil Supérieur de la Magistrature providing a forum to discuss the report’s findings and deepen dialogue on the future of justice in the DRC.

A Convergence of Diverse Voices
The workshop brought together a diverse array of stakeholders engaged in the justice sector and fight against impunity in the DRC. Representatives from the country’s military and civilian courts, including magistrates specializing in international crimes, engaged with key officials from the Ministries of Justice, Defense and Human Rights, and other national authorities. The event also welcomed participation from international partners such as the United Nations, diplomatic missions, and the International Criminal Court, along with national and international civil society actors. This broad participation underscored a common understanding: the fight against impunity for international crimes in the DRC can only be achieved through collective reflection and reinforced coordination between judicial authorities, governmental actors, civil society, technical and financial partners.

Presenting the Study’s Findings
At the heart of the workshop was the presentation of UpRights report’s conclusions and recommendations—a collaborative effort led jointly by UpRights and TRIAL International. As underscored by the report, despite recorded obstacles and systemic challenges, the Congolese justice system has, since 2004, built a rare body of jurisprudence with over 130 judgments on international crimes. By convening stakeholders from across the justice ecosystem, the workshop sought to raise awareness among participants about the strengths and shortcomings of the Congolese accountability model, promote collective reflection on the necessary steps to strengthen the judiciary’s capacities, but also to provide an open forum to explore opportunities for reinforcing the fight against impunity.

Exploring Institutional Solutions
Following an opening ceremony with contributions from the President of the Constitutional Court, the President of the High Council of the Judiciary and the Ambassador of the European Union to the DRC, UpRights provided an in-depth presentation of the study and provided participants with answers to the questions that arose during the presentation. This was followed by collaborative group sessions where participants delved into institutional solutions designed to enhance the fight against impunity. Discussions explored a range of proposals—from establishing a special criminal court and forming mixed or specialized judicial chambers to bolstering international support mechanisms integrated within the national system.

Participants presented a lively analysis of potential models. One argued that only a dedicated special criminal court could effectively counter political and military interference, while others advocated for specialized mixed chambers, combining civilian and military magistrates, as a more nuanced and cost-effective solution. A prevailing opinion emerged in favor of creating an integrated mechanism within the national judicial framework—one that would harness existing capacities, ensure national ownership, and minimize the costs and delays associated with building a new jurisdiction. The inclusion of international judges within prosecution services and chambers was also seen as a factor in enhancing both independence and credibility, particularly in a context frequently exposed to political pressures. In addition, participants stressed the necessity of rigorous selection, training, and ongoing capacity building for national magistrates to secure impartiality and professionalism.

Rethinking the Special Criminal Court
The workshop also addressed the challenges associated with establishing a Special Criminal Court. Although this model is recognized for potentially elevating credibility and addressing high-profile cases, participants expressed concerns about its high cost, the time required to operationalize such a court, and the risk of diminishing national ownership. Many were wary that a separate international tribunal might recreate frustrations experienced with existing international mechanisms that are often perceived as too remote or slow to respond to local realities. The temporary nature of such a mechanism was seen as a significant drawback when it comes to generating enduring reform in the Congolese justice system.

A Pragmatic, Locally Grounded Approach
Throughout the workshop, a pragmatic approach emerged as a unifying theme. Rather than attempting to import predefined models, stakeholders emphasized the importance of a nuanced, context-specific analysis to identify the most effective solutions. Drawing on lessons learned from prior initiatives—particularly issues around sovereignty, ownership, and inter-institutional coordination—the participants proposed a “symbiosis” between diverse mechanisms. One promising idea involved linking specialized mixed chambers with a dedicated international support system capable of providing technical, financial, and logistical assistance as well as strategic guidance.

Coordinated Action for Lasting Impact
A recurring theme was that coordination is paramount. The success of any judicial reform hinges on robust collaboration among all players—judicial authorities, parliament, government, and civil society, in addition to technical and financial partners. Establishing a framework for continuous dialogue and consultation will be essential to align interests, harmonize visions, and ensure that the future mechanism enjoys broad and sustained ownership. This approach must also incorporate the expertise of military justice, whose experience in prosecuting international crimes is invaluable in this challenging context.

Looking Ahead
The workshop served not only as a launchpad for critical insights but also as a catalyst for ongoing reform efforts. By fostering an environment where diverse voices could converge on actionable ideas, the event laid the groundwork for translating research-based recommendations into concrete reforms. As UpRights and TRIAL International continue their collaboration with Congolese institutions and civil society, the outcomes of this workshop will hopefully illuminate the path toward a justice system that is as resilient and credible as it is effective.

Read UpRights’ report that was launched at the workshop and served as basis for the dialogue—

• Executive Summary in English

here

• Executive Summary in French

here

• Full Report in French

here

Today, April 8, 2025, TRIAL International, in collaboration with Civitas Maxima, the Center for Justice and Accountability (CJA), the European Center for Constitutional and Human Rights (ECCHR), the International Federation for Human Rights (FIDH), and REDRESS, published the latest edition of the Universal Jurisdiction Annual Review (UJAR).

Researched and written by UpRights and produced with the financial support of the City of Geneva, the European Union, Oak Foundation, and the Taiwan Foundation for Democracy, the UJAR compiles developments in 95 extraterritorial and universal jurisdiction cases prosecuted in 16 countries, demonstrating that the upward trend in the use of universal jurisdiction to ensure accountability for international crimes continues, despite remaining challenges.

Universal jurisdiction as a pillar in the fight against impunity

This eleventh edition of the UJAR testifies to the enduring role of extraterritorial and universal jurisdiction as a central pillar of the global fight against impunity. Notably, 36 new cases were opened or made public in 2024, and 27 suspects were convicted in first instance or on appeal, nearly double the number in 2023. Furthermore, Portugal joined the group of jurisdictions actively prosecuting international crimes committed abroad. Legal reforms on universal jurisdiction were adopted in Germany and Denmark in 2024, that respectively strengthened and enabled the investigation and prosecution of international crimes in the two countries.

The year also witnessed several positive developments in specific cases. In France, a Court of Appeal confirmed an arrest warrant against former Syrian president Bashar al-Assad. In two other cases related to the former Syrian regime, French judicial authorities confirmed that functional immunities do not apply in international crimes cases and entered convictions in absentia. These cases reflect the continued evolution of the legal framework around immunities and demonstrate that obstacles to accountability can be eroded through legal precedents. In Switzerland, Ousman Sonko, former minister of the interior of The Gambia, was convicted of crimes against humanity and sentenced to 20 years in prison, making him the highest-ranking State official tried under the principle of universal jurisdiction before a European court to date.

Challenges to the use of universal jurisdiction remain

At the same time, the report underscores some of the challenges faced in 2024. The failure to open investigations based on extraterritorial or universal jurisdiction into alleged international crimes committed in Gaza has been perceived as a major threat to the legitimacy of international criminal justice. Even in other situations, investigative efforts have yet to yield tangible results, such as in the case of crimes committed during Russia’s full-scale invasion of Ukraine, and calls for accountability do not always translate into action, as has been the case for the documented crimes of the Belarusian regime.

Meeting the challenges

Despite these setbacks, the UJAR identifies several initiatives that States and their national prosecution authorities can implement to ensure that victims and survivors of international crimes have access to justice. An important first step is the strengthening of domestic legal frameworks to allow for and facilitate the prosecution of international crimes on the basis of universal jurisdiction. Increased training and resources for specialized international crimes units within domestic prosecution authorities are also essential.

The response to crimes committed in Syria demonstrates the importance of structural investigations and of the collaboration between civil society organizations – especially victims’ groups – and prosecuting authorities. The response to crimes committed in Ukraine following the full-scale invasion by Russia, demonstrates the potential of a coordinated, mobilized and cooperative international criminal justice. To ensure that victims and survivors have access to justice free from political bias, lessons learned from these responses can and should be applied across all regions affected by international crimes.

Read the full report here:

Universal Jurisdiction Annual Review – UJAR

The photograph shown on the publication’s cover was made by Bashar Taleb on 7 October 2023 in Gaza City.

On March 27, 2025, UpRights co-hosted the conference “The Role of Transitional Justice in Ukraine: National and Local Dimensions” in Kyiv, Ukraine. Organized with the National Agency of Ukraine on Civil Service, the High School of Public Governance, The Hague Academy for Local Governance, and supported by the Ministry of Foreign Affairs of the Kingdom of the Netherlands, the conference created a forum for Ukrainian public officials, local government representatives, international partners and civil society organisations to engage in broad and comprehensive discussions on the scope of transitional justice in the Ukrainian context.

The conference was designed to bring together a range of actors from different sectors to consider how to effectively collaborate on developing a holistic approach to transitional justice in Ukraine.

By bringing together a diverse range of perspectives, including representatives of local government in currently occupied and de-occupied communities, legal experts, public officials and civil society organisations working on providing support and compensation to victims, officials working on public archives, and civil society organisations working on cultural and artistic aspects of memorialisation, the conference provided a comprehensive platform to consider how to integrate transitional justice practices with present and future challenges.

Central to the conference’s vision was the understanding that transitional justice will serve as an important tool for all levels of government in dealing with the past, empowering victims, and promoting reconciliation and social cohesion. In doing so, it highlighted the necessity of building institutional capacity at every level of government—a critical step in ensuring that justice, accountability, and the protection of human rights remain at the forefront of Ukraine’s recovery process.

Background

The journey that culminated in this conference was shaped by longstanding collaborative engagement. In 2024, a training programme for public officials was developed by UpRights, The Hague Academy for Local Governance, the High School of Public Governance, and the National Agency of Ukraine on Civil Service, to provide an introduction to the fundamentals of transitional justice and guidance on its application in the work of local government in de-occupied communities.

Following a successful Training of Trainers week in The Hague in May 2024, which involved 16 representatives of various Ukrainian ministries and local administrations, six interactive online modules and a series of live follow-up workshops in different regions of Ukraine, including Kharkiv, Kherson and Kyiv, equipped over 250 civil servants with basic concepts and practical tools for addressing conflict-related harms using transitional justice approaches. These efforts laid a robust foundation that enriched the discussions at the conference.

Findings

Opening speakers reflected on the complexity of developing transitional justice responses in Ukraine and the need to ensure that policies are embedded within the particularities of the Ukrainian context. Questions arose as to how transitional justice is, in fact, applicable in Ukraine – is it since the beginning of the full-scale invasion, during the occupation of Crimea, or as far back as Ukraine’s transition to a democratic society following the dissolution of the USSR. It was highlighted that whatever manner transitional justice does take in Ukraine; it must be Ukrainian actors taking the lead on defining its role.

There was recognition, in this regard, that whatever lies ahead, transitional justice must extend well beyond the realm of criminal accountability, emphasizing its vital role in multiple sectors, from providing reparations, delivering victim support, ensuring transparent and accountable institutions to memorializing past atrocities.

The subsequent panel considered how local governments perceive and implement transitional justice particularly in conflict-affected communities. This session brought together local actors from diverse regions, who provided detailed accounts of the operational challenges they face in their communities.

They described the rapid reactivation of administrative service centers in the wake of conflict, the substantial logistical challenges posed by supporting and integrating internally displaced persons in host communities, the need for compensation mechanisms tailored to the needs of rural populations, and challenges to the social cohesion of communities in the aftermath of occupation.

These accounts illustrated how the principles of transitional justice are not just theoretical but can be actively integrated into everyday governance.

Subsequent sessions explored developments and continuing challenges in the provision of support to and compensation for victims, in particular victims of conflict-related sexual violence, as well as the issue of documentation for the purposes of accountability and memorialisation, providing a detailed overview of the extensive efforts underway to record and preserve the evidence of war crimes and human rights violations. Experts explained how these documentation efforts are designed not only to support ongoing legal proceedings but also to serve as a long-term repository of the country’s collective memory.

The discussion highlighted that memorialisation goes far beyond the erection of physical monuments; it encompasses a range of practices—from educational initiatives and public commemorations to creative cultural expressions—that together foster a resilient public narrative.

In closing reflections, both Ukrainian institutions and international partners reaffirmed their commitment to the long-term integration of transitional justice into public policy. The final remarks underscored that the comprehensive discussions and practical insights shared throughout the conference would serve as the basis for future capacity-building efforts and policy innovations. The conference did not mark an endpoint but rather a basis for continued engagement across sectors, one that envisions a future where justice and human rights form the bedrock of Ukraine’s recovery and development.

Finally, participants noted the importance of the creation of a forum in which Ukrainians both lead discussions and engage in conversations directly with each other, including different sectors of Government and civil society. While access to international experts remains a critical component of building successful domestic policies, it is of particular importance that national actors are provided the opportunity to discuss and ultimately lead on decision making concerning the scope, applicability and implementation relating to this important topic.

—

‘Restoring Dignity and Justice in Ukraine’
This project is part of the ‘Restoring Dignity and Justice in Ukraine’ programme, focusing on advancing accountability for international crimes committed in Ukraine. The full programme is funded by the Netherlands Ministry of Foreign Affairs and is implemented by the International Development Law Organisation (IDLO), in partnership with the T.M.C. Asser Institute, the Center for International Legal Cooperation (CILC), and the Netherlands Helsinki Committee (NHC).

The project aims at institutional strengthening and capacity development needs of various parties in Ukraine dealing with international crimes: prosecutors, police, judges, as well as journalists and civil society organisations. We believe that with the support of the international community, Ukraine can advance accountability for these crimes.

(Geneva, Switzerland and The Hague, The Netherlands, April 1st, 2025) – UpRights, in collaboration with TRIAL International in the framework of the “Global Initiative Against Impunity : Making Justice Work” and with the support of the Congolese Conseil supérieur de la magistrature, has published a comprehensive report on the fight against impunity for international crimes in the Democratic Republic of the Congo (DRC). This release comes at a critical moment, as the country faces a convergence of security, political and judicial challenges, with the escalating conflict in eastern DRC and massive human rights abuses committed by the M23 armed group and other parties to the conflict. The report provides a timely reminder that, despite significant challenges, the Congolese justice system has the capacity to effectively combat impunity for international crimes and that various institutional solutions may be deployed to strengthen the system and preserve its progress.

—

The report highlights the remarkable, yet fragile, progress made by the Congolese judicial system over the past two decades in prosecuting international crimes. Since 2004, Congolese military and civilian courts have issued more than 130 judgments on international crimes, a record rarely matched by national jurisdictions worldwide in such challenging conditions. Legal reasoning and judicial expertise have improved, and some cases have involved high-ranking officials. These advances stem from a unique accountability model centered on a strong legal framework, a national policy to make combatting impunity a priority and provincial prosecutorial strategies, and crucial support by international actors and civil society which have played a key role in documenting crimes, strengthening judicial capacities, and supporting victims.

However, the Congolese justice system faces deep structural challenges as most past and current crimes continue to go unpunished and the highest levels of political and military leadership largely remain shielded from responsibility. The continued dominance of military courts over civilian jurisdictions, the death penalty, and the chronic failure to enforce reparations for victims undermine the credibility and effectiveness of prosecutions. Political interference, corruption, and severe underfunding further weaken judicial independence, while international support, though essential, remains fragmented and lacks strategic coordination, especially as the UN peacekeeping mission withdraws from the country.

To address these issues, the report provides concrete recommendations, including the abolition of the death penalty, stronger guarantees for judicial independence and the enforcement of judicial reparations. The report recommends a more active strategy for complementarity on the part of the International Criminal Court. It also recommends the establishment of an enhanced international support mechanism to provide strategic, technical, and financial assistance to the Congolese jurisdictions, as well as to new judicial institutions that might be established by the Congolese government to address past and future international crimes.

The future of justice in the DRC depends on urgent national and international action. The continued fight against impunity requires a strong commitment from Congolese authorities and lasting international support adapted to the evolving political and security landscape. As violence surges in the East of the country, the Congolese government and the international community must seize this opportunity to invest in a justice system that delivers for victims and promotes lasting stability.

Read the Executive Summary in English here
Read the Executive Summary in French here
Read the full Report in French here

UpRights is a non-profit organization composed of international lawyers and human rights practitioners with expertise in international criminal, humanitarian and human rights law. Recognizing that achieving lasting change requires both addressing violations and strengthening the structures that prevent future abuses, UpRights works directly with local partners and supports international organizations, governments and civil society in building transparent, rule of law-based societies.

TRIAL International is fighting impunity for core international crimes by using strategic litigation before various national and international jurisdictions, supporting victims in their quest for justice. Over the past 20 years, the organization has been providing legal assistance to survivors of atrocity crimes, building and litigating strategic cases, developing local capacity and pushing the human rights agenda forward.

This publication was conducted under the auspices and with the overarching support of the DRC’s Conseil supérieur de la magistrature (CSM).

This publication was co-funded by the European Union within the framework of the “Global Initiative Against Impunity : Making Justice Work”. The content of the publication and of the press release are the sole responsibility of UpRights and TRIAL International and do not necessarily reflect the views of the European Union.

Berlin/The Hague/Turin, 5 March 2025. Following an urgent request by UpRights, StraLi, and SOS Humanity, the United Nations Human Rights Committee has, for the first time, ordered Malta to take immediate action to fulfill its obligations under international law. The Committee instructed Malta on 4 March 2025 to urgently coordinate a search and rescue operation for 32 individuals who have been in distress for four days near and on the Miskar gas platform. Malta must also ensure their disembarkation in a place of safety.

On 1 March 2025, the emergency hotline Alarm Phone was alerted about a severe case of distress at sea: 32 people, including several minors and 2 children, reported to be in distress on an unseaworthy rubber boat in the overlap of the Maltese and Tunisian search and rescue zones. Although Alarm Phone relayed the alerts to the Tunisian, Maltese, and Italian authorities, none of the responsible authorities coordinated a search and rescue operation in compliance with their legal duties. Malta’s neglect to coordinate and rescue people from distress is a systematic pattern by which people’s lives are put at risk.

On 3 March 2025, the organisations UpRights, StraLi, and SOS Humanity jointly submitted a request for interim measures to the United Nations Human Rights Committee on behalf of the persons in distress. The request urges Malta to take all necessary measures to coordinate a search and rescue operation and to ensure that the individuals in distress are rescued and disembarked at the nearest place of safety. Malta did not react to any communication concerning the distress case despite being ordered to coordinate search and rescue by the UN Human Rights Committee.

“As a search and rescue organisation, we have been witnessing Malta’s deadly policy of non-assistance for many years,” says Mirka Schäfer, political spokesperson for SOS Humanity. “Time and again, Maltese authorities have refused to coordinate search and rescue operations with our rescue ship Humanity 1, even going so far as to hang up or play music when we call. Malta must be held accountable for behaviours of non-assistance and violation of the non-refoulement principle.”

The people had departed from Zuwara, Libya, on an unseaworthy rubber boat. “The people were already in a critical condition when they contacted us. They have been without food for days and had to endure severe winds and strong currents,” Sophie-Anne Bisiaux from Alarm Phone explains. “They told us that one person had already died at sea. Later they reported that the remaining survivors were stranded on the gas platform Miskar”. The platform is located in the Gulf of Gabès, in international waters within the overlap of the Maltese and Tunisian search and rescue zones. In the afternoon on 4 March, the rescue vessel Aurora, operated by Sea-Watch, finally rescued the 32 persons.

The submission to the UN Human Rights Committee was made on behalf of the 32 persons in distress, urging it to issue interim measures requiring Malta to prevent imminent and irreparable harm to the right to life and the prohibition of torture and other forms of ill-treatment (Articles 6 and 7) enshrined in the International Covenant on Civil and Political Rights (ICCPR).

“According to international human rights and maritime laws, Malta must coordinate search and rescue operations in its search and rescue zone,” says Serena Zanirato from StraLi. “This also entails ensuring that people rescued from distress are disembarked in a place of safety where their fundamental rights and the principle of non-refoulement are respected.”

Yesterday, 4 March 2025 at 11:29 a.m. (CET), the UN Human Rights Committee issued a decision requesting Malta to take all measures necessary to coordinate a search and rescue operation to rescue the 32 persons in distress “to ensure that they are not disembarked in a place where they will be at risk of torture and other forms of ill-treatment or risk to their life”. The decision by the Committee is legally binding and requests Malta to inform them about the measures taken.

“We strongly welcome the Human Rights Committee’s response which is a crucial decision urging Malta to uphold its obligations under international law,” comments Valérie Gabard, co-Director of UpRights. “It is very concerning that the Maltese authorities did not react at any point despite the decision of the Committee. The decision recalls once again that Malta must adhere to its duty to coordinate rescues in its search and rescue zone. We demand that Malta ensures that people in distress are rescued and disembarked in a place of safety.”

Press contacts:

Wasil Schauseil, press@sos-humanity.org, SOS Humanity

Miriam Corgiat, info@strali.org, StraLi

Valérie Gabard, info@uprights.eu, UpRights

Sophie-Anne Bisiaux, Contact@alarmphone.org, Alarm Phone

UpRights is pleased to continue its collaboration with Global Standard, the nonprofit behind the Global Organic Textile Standard (GOTS), on a new project supported by an ISEAL Innovations Fund Impulse Grant. This project involves developing a continuous learning policy and training programme for GOTS auditors on Due Diligence.

The course aims to equip auditors with the knowledge and skills they need to keep up to date with developments in human rights due diligence within the textile industry.

As human rights due diligence gains momentum, auditors’ roles are becoming more pivotal in fostering responsible business conduct, incentivising continuous improvement, and helping companies build enduring, trustworthy relationships with consumers, workers, and communities.

Read Global Standard’s official press release here