HUMAN RIGHTS COUNCIL CONCLUDES NINTH REGULAR SESSION

The Human Rights Council closed its ninth regular session this afternoon, adopting 24 texts on a wide range of issues, appointing four new Special Procedure mandate holders and extending the mandates of seven Special Procedures.

The Council also adopted texts on the assault on Beit Hanoun, human rights and international solidarity, the right to development, human rights and unilateral coercive measures, human rights of migrants, the right to food, human rights and indigenous peoples, the protection of the human rights of civilians in armed conflict and the right to the truth.

At this session, the Council heard a number of high profile reports and held interactive dialogues with the Special Procedures presenting them, including the reports by Sima Samar, the Special Rapporteur on the situation of human rights in Sudan, on the current human rights situation in Sudan and on the status of implementation of the recommendations compiled by the Group of Experts mandated by the Human Rights Council. Archbishop Desmond Tutu and other members of the High-Level Fact-Finding Mission to Beit Hanoun also briefed the Council on the results of their mission, which found evidence of a “disproportionate and reckless disregard for Palestinian civilian life, contrary to the requirements of international humanitarian law” and acknowledged the real possibility that the shelling of Beit Hanoun “constituted a war crime”. Moreover, the Council heard the new Special Rapporteur on contemporary forms of racism, Githu Muigai, present a report prepared by his predecessor on all manifestations of defamation of religions.

Other interactive dialogues were held with the Special Representative of the Secretary-General for children in armed conflict, and with Special Procedure mandates on indigenous people; toxic waste; contemporary forms of slavery; the sale of children, child prostitution and child pornography; and international solidarity. The Council also held a follow-up to the special session on the Global Food Crisis, hearing a report from the Special Rapporteur on the right to food, in which he singled out the question of agrofuels as an example of the range on which the international community would need to develop an urgent consensus. In the context of technical assistance and capacity building, the Council held interactive discussions with the Independent Experts on the situation of human rights in Burundi, and on the situation of human rights in Somalia, as well as the Independent Expert on technical cooperation and advisory services in Liberia.

During the session, the Council held a number of general debates, including on the human rights situation in Palestine and other occupied Palestinian territories; on the promotion of all human rights, civil, political, economic, social and cultural rights, including the right to development; on racism, in the context of follow-up to the Durban Declaration and Programme of Action; and on human rights bodies and mechanisms, such as the Forum on Minority Issues and the Expert Mechanism on Indigenous Peoples.

The Council also continued its review, rationalization and improvement of mandates of its Special Procedures, examining the mandates on toxic waste; people of African descent and on the human rights situation in Cambodia. Following the reviews, it decided to extend the mandate of the Special Rapporteur on the adverse effects of the movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights for a further period of three years. It renewed the mandate of the Working Group on the right to development until it completed the tasks entrusted to it by Council resolution 4/4 and renewed also the mandate of the high-level task force on the implementation of the right to development. It decided to extend the mandate of the Working Group on People of African Descent for three years to study the problems of racial discrimination faced by people of African descent living in the Diaspora. It decided to support Haiti’s request to extend the mission of the Independent Expert on the situation of human rights in Haiti to September 2010. The Council further decided to extend by one year the mandate of the Special Procedure on the situation of human rights in Cambodia through the appointment of a Special Rapporteur to carry out the former functions of the Special Representative to the Secretary-General. It extended the mandate of the Special Rapporteur on the situation of human rights in Sudan until June 2009. And it extended the mandate of the Independent Expert on Burundi until the creation of a national and independent human rights commission.

The Council also appointed the following Special Procedures mandate holders: Ms. Monorama Biswas (Bangladesh) to the Working Group on People of African Descent; Ms. Mirjana Najcevska (The Former Yugoslav Republic of Macedonia) to the Working Group on people of African Descent; Mr. Olivier de Frouville (France) to the Working Group on enforced or involuntary disappearances; Ms. Catarina de Albuquerque (Portugal) as Independent Expert on the issue of Human Rights obligations related to access to safe drinking water and sanitation.

On the morning of Friday, 12 September, the Council held its annual discussion on gender mainstreaming in the work of the Council. Introducing the discussion, High Commissioner for Human Rights Navi Pillay underscored that the integration of a gender perspective into the human rights system as a whole represented key priorities for her Office, noting that “much work still remained as women throughout the world were amongst the poorest and most marginalized, with limited access to rights, resources and opportunities”.

In its final week, on 22 September, the Council held a panel discussion on the question of missing persons during which panellists and participants highlighted the human rights dimension around the issue of persons reported missing in connection with armed conflict.

Opening the ninth regular session, the High Commissioner for Human Rights outlined her priorities in her first public address, in particular that she would not rank the various human rights (civil and political vs. economic, social and cultural rights), but rather concentrate on their implementation on the ground.

In terms of its new institutional mechanisms, at the beginning of its session, the Council undertook some housekeeping measures with regard to its Universal Periodic Review mechanism, drawing lots to select the country troikas that would act as rapporteurs for the third, fourth and fifth sessions, to take place in December 2008, and in February and May 2009, and determining the order of review of States for the fourth and fifth sessions. The Council also heard a report from its Advisory Committee on its first session (held from 4-15 August 2008), and discussed situations brought to its attention under its Complaint Procedure over the course of two closed meetings.

The ninth session, which was presided by Ambassador Martin Ihoeghian Uhomoibhi of Nigeria, was held from 8 to 24 September 2008.

The tenth regular session of the Council will be held 2 to 27 March 2009. The Council will convene a one-day session to commemorate the sixtieth anniversary of the Universal Declaration of Human Rights to be held during the week of 8 December 2008.

Resolutions Adopted by the Council

Resolution on Organizational and Procedural Matters

In a decision on the Strengthening of the Human Rights Council, the Council requested the Secretary-General to present to the General Assembly during its 63rd session a report with details of the resources required to ensure provision of necessary services indicated in the report of the Office of the High Commission for Human Rights and decided to recommend to the General Assembly to ensure the establishment of an Office of the President of the Human Rights Council, with adequate staffing resources, including the provision of necessary equipment.

Resolutions on the Promotion and Protection of All Human Rights, Civil, Political, Economic, Social and Cultural Rights, Including the Right to Development

In a decision on missing persons, the Council requested the Advisory Committee to prepare a study on the best practices in the matter of missing persons and to submit that study to the Council at its twelfth session.

In a resolution on the mandate of the Special Rapporteur on the adverse effects of the movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights, the Council strongly condemned the dumping of toxic and dangerous products and wastes and decided to extend the mandate of the Special Rapporteur on the adverse effects of the movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights for a further period of three years.

In a presidential decision on a commemorative session on the occasion of the sixtieth anniversary of the Universal Declaration of Human Rights, the Council decided to convene a one-day session to commemorate the sixtieth anniversary of the Universal Declaration of Human Rights, to be held during the week of 8 December 2008.

In a resolution on human rights and international solidarity, the Council expressed its determination to contribute to the solution of current world problems through increased international cooperation and urged the international community to consider urgently concrete measures to promote and consolidate international assistance to developing countries in their development endeavours and for the promotion of conditions conducive to the full realization of all human rights. It further reaffirmed that the promotion of international cooperation was a duty for States, and that it should be implemented in particular with the respect for the sovereignty of States and taking into account national priorities.

In a resolution on the right to development, the Council decided to continue to act to ensure that its agenda promotes and advances sustainable development and the achievements of the Millennium Development Goals and, in this regard, to lead to raising the right to development to the same level and on a par with all other human rights and fundamental freedoms. It also decided to renew the mandate of the Working Group until it completed the tasks entrusted to it by Council resolution 4/4 and renewed also the mandate of the high-level task force on the implementation of the right to development.

In a resolution on human rights and unilateral coercive measures, the Council urged all States to stop adopting or implementing unilateral coercive measures not in accordance with international law, international humanitarian law, the Charter of the United Nations and the norms and principles governing peaceful relations among States, in particular those of a coercive nature with extraterritorial effects. The Council also strongly objected to the extraterritorial nature of those measures and called upon all Member States neither to recognize these measures nor apply them. It further condemned the continued unilateral application and enforcement by certain powers of such measures as tools of political or economic pressure against any country, particularly against developing countries.

In a resolution on the human rights of migrants, the Council strongly condemned the manifestations and acts of racism, racial discrimination, xenophobia and related intolerance against migrants and urged States to apply the existing laws when xenophobic or intolerant acts or manifestations or expressions against migrants occurred, in order to eradicate impunity. It also expressed concern about legislation and measures adopted by some States that may restrict human rights and fundamental freedoms

In a resolution on the follow-up to the seventh special session of the Human Rights Council on the negative impact of the worsening of the world food crisis on the realization of the right to food for all, the Council expressed grave concern at the fact that the current world food crisis still seriously undermined the realization of the right to food for all, especially in developing and least developed countries and encouraged States to mainstream the human rights perspective in building and reviewing their national strategies for the realization of the right to adequate food for all, and to invest or promote investment in agriculture and rural infrastructure in a manner that empowered the most vulnerable and affected by the current crisis. It also stressed that States had a primary obligation to make their best efforts to meet the vital food needs of their own populations, while the international community should provide support for national and regional efforts by providing the necessary assistance for increasing food production, particularly through agricultural development assistance, the transfer of technology, food crop rehabilitation assistance and food aid, with a special focus on the gender-sensitive dimension.

In a resolution on human rights and indigenous peoples, the Council requested the expert mechanism and the Special Rapporteur to assist the Preparatory Committee by undertaking a review and submitting recommendations as contributions to the outcome of the Durban Review Conference and requested the expert mechanism to prepare a study on lessons learned and challenges to achieve the implementation of the right of indigenous peoples to education and to conclude it in 2009. It also encouraged those States that had not yet done so to consider ratifying or acceding to the Convention concerning Indigenous and Tribal Peoples in Independent Countries of the International Labour Organization.

In a resolution on the effective implementation of international human rights instruments, the Council welcomed the measures taken by the human rights treaty bodies to date to improve their functioning with a view to a more coordinated approach to its activities and standardized reporting and welcomed the launch of the Universal Periodic Review of the Council, which shall complement and not duplicate the work of the treaty bodies. It further urged States to make every effort to meet their reporting obligations under United Nations human rights instruments, provided effective follow-up to the concluding observations of the treaty bodies on their reports and disseminated effectively in their territories the full text of the concluding observations of the treaty bodies on their reports as well as encourage the involvement of civil society in the process of preparation of reports and in follow-up.

In a resolution on the protection of the human rights of civilians in armed conflict, the Council emphasized that conduct that violates international humanitarian law, including grave breaches of the Geneva Conventions and of the Protocols Additional relating to the protection of victims of international armed conflicts might also constitute a gross violation of human rights and called upon all States to respect the human rights of civilians in armed conflicts. It further stressed the importance of combating impunity in order to prevent violations of international human rights law and international humanitarian law perpetrated against civilians in armed conflicts and resolved to address systematic and gross violations of the human rights of civilians in armed conflicts.

In a resolution on human rights and transitional justice, the Council emphasized the importance of a comprehensive approach to transitional justice, incorporating the full range of judicial and non-judicial measures and recognized the important role played by victims’ associations, human rights defenders and other actors of civil society, women’s organizations and free and independent media. It also requested the Office of the High Commissioner to continue to enhance its leading role, including with regard to conceptual and analytical work regarding transitional justice, and in assisting States to design, establish and implement transitional justice mechanisms from a human rights perspective.

In a resolution on right to the truth, the Council recognized the importance of respecting and ensuring the right to the truth so as to contribute to ending impunity and to promote and protect human rights. It requested the Office of the United Nations High Commissioner for Human Rights to prepare a comprehensive study on best practices for the effective implementation of this right. It also requested the Office of the High Commissioner for Human Rights to prepare a report on the use of forensic experts in case of gross violations of human rights with a view to identifying trends and best practices in this regard and decided to convene a panel to discuss issues related to the present resolution at its thirteenth session.

In a resolution on Human Rights Voluntary Goals, the Council encouraged States to progressively accomplish a set of human rights voluntary goals which include, amongst others: the universal ratification of the core international human rights instruments and dedication of all efforts toward the universalization of the international human rights obligations of States; the establishment of human rights national institutions; the adoption and implementation of programmes of human rights education, in all learning institutions; the creation of favourable conditions at the national, regional, and international levels to ensure the full and effective enjoyment of all human rights; and the strengthening of the capacity to fight hunger and poverty.

In a resolution on United Nations guidelines for the appropriate use and conditions of alternative care for children, the Council requested the United Nations High Commissioner for Human Rights to assist in raising awareness by circulating, immediately, the Draft United Nations Guidelines for the Appropriate Use and conditions of Alternative Care for Children with a view to give full knowledge of it to all members and observers of the Council and invited States to dedicate their efforts, in a transparent process, to discuss with a view to tacking possible action on these Draft guidelines by its tenth session.

Resolution on Human Rights Situation that Require the Council’s Attention

In a resolution on the Situation of Human Rights in Sudan, the Council acknowledged the progress made in implementing the Comprehensive Peace Agreement and the steps taken by the Government of Sudan to strengthen the human rights legal and institutional framework, principally in the law reform and expressed deep concern at the overall situation of human rights in the Sudan. It also called upon the Government of Sudan to continue and accelerate the implementation of the Comprehensive Peace Agreement and to establish the remaining commissions, in particular the finalisation of the establishment of the national human rights commission. The Council also reiterated its call upon the signatories of the Darfur Peace Agreement to comply with their obligations under the Agreement and stressed the need to address impunity. The Council further decided to extend until June 2009 the mandate of the Special Rapporteur on the situation of human rights in Sudan.

Action on Universal Periodic Review

The Council adopted a President’s Statement on Follow-up to President’s Statement 8/1 which ensured the smooth adoption of future reports to the Universal Periodic Review. It outlined what the report of the respective session of the Council should be comprised of.

Resolution on Human Rights Situation in Palestine and Other Occupied Territories

In a resolution on Follow-up to Resolution S-3/1: Human rights violations emanating from Israeli military incursions in the Occupied Palestinian Territory and the assault on Beit Hanoun, , the Council welcomed the report of the high-level fact-finding mission on Beit Hanoun and called upon all concerned parties to ensure their full and immediate implementation of the recommendations of the fact-finding mission contained in its report. The Council also recommended that the General Assembly considered the report with the participation of the members of the mission and regretted the delay in the fulfilment of the mission owing to the non-cooperation of Israel, the occupying Power. The Council also called upon Israel, the occupying Power, to abide by its obligations under international law, international humanitarian law and international human rights law. The Council further requested the Secretary-General to report to the Council at its next session on the implementation of the recommendations contained in the report of the mission.

Resolution on Racism, Racial Discrimination, Xenophobia and Related Forms of Intolerance, Follow-up and Implementation of the Durban Declaration and Programme of Action

In a resolution on the Mandate of the Working Group of Experts on People of African Descent, the Council welcomed and acknowledged the importance and significance of the work of the Working Group of Experts on People of African Descent and recommended that States undertake measures to ensure adequate representation of people of African descent in the judiciary and other areas of the justice system. It also called upon States to identify factors that have resulted in the disproportionate number of arrests, sentencing and incarceration of Africans and people of African descent. The Council further decided to extend the mandate of the Working Group on People of African Descent for three years to study the problems of racial discrimination faced by people of African descent living in the Diaspora.

Resolutions on Technical Assistance and Capacity Building

In a presidential statement on the situation of human rights in Haiti, the Council welcomed the recent political developments in Haiti, marked by the formation and installation of a new Government and noted with satisfaction the cooperation between the Haitian National Police and the United Nations Stabilization Mission in Haiti (MINUSTAH) in curbing violence, crime and banditry. The Council further welcomed the Haitian authorities’ request to extend the mission of the Independent Expert on the situation of human rights in Haiti to September 2010 and decides to support the request.

In a resolution on the advisory services and technical assistance for Cambodia, the Council reaffirmed the importance of the Extraordinary Chambers in the Courts of Cambodia and supported the positions of the Government of Cambodia and the United Nations to proceed with the tribunal in a fair, efficient and expeditious manner. The Council welcomed the efforts and progress made by the Government of Cambodia on democracy and situation of human rights and expressed concern about some areas of human rights practices in Cambodia and urged the Government of Cambodia to continue to strengthen its efforts to establish the rule of law. The Council further decided to extend by one year the mandate of the Special Procedure on the situation of human rights in Cambodia through the appointment of a Special Rapporteur to carry out the former functions of the Special Representative to the Secretary-General.

In a resolution on advisory services and technical assistance for Liberia, the Council welcomed the work accomplished by the Independent Expert in assisting the Government of Liberia to maximise the opportunities afforded by technical assistance and encouraged the Government of Liberia to continue its work to improve the promotion and protection of human rights, and to reinforce its political commitment to establish an effective national human rights protection system. It also requested the Office of the High Commissioner for Human Rights, through its presence in Liberia, to pursue its technical assistance activities and programmes in consultation with the authorities of Liberia.

In a resolution on advisory services and technical assistance in Burundi, the Council welcomed the cooperation established between the independent expert and the Government of Burundi and called upon the Government and the Palipehutu-Forces nationales de libération (FNL) to continue to work through all the mechanisms established under the Comprehensive Ceasefire Agreement to ensure its full and immediate implementation. The Council also urged the international community to increase its technical and financial assistance to the Government of Burundi with a view to supporting its efforts to respect and promote human rights and decided to extend the mandate of the Independent Expert until the creation of a national and independent human rights commission.


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