HUMAN RIGHTS COUNCIL HOLDS GENERAL DEBATE ON THE PROMOTION AND PROTECTION OF ALL HUMAN RIGHTS
The Human Rights Council at midday started its general debate on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development.
The Council heard presentations of the report of the inter-governmental working group on transnational corporations and of a number of thematic reports by the United Nations Secretary-General and the United Nations High Commissioner for Human Rights and his Office on 9 March, and a summary can be found here.
In the general debate, speakers raised many issues, and expressed deep concern about the receding respect for human rights around the world. They noted the grave and serious challenge of xenophobia, racism and discrimination and stressed the need to encourage international dialogue for the promotion of peace and tolerance and respect for cultural diversity. The complex challenges facing the world required global solutions, and speakers highlighted that the only way to ensure a sustainable future was through mutual respect, strengthening of institutions, responsible use of resources, and equitable sharing of benefits.
Speakers called for the renewal of the commitment to the absolute prohibition of torture and for the universal ratification of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, as well as for the doubling of the number of ratifications of the International Convention for the Protection of All Persons from Enforced Disappearances. States held the primary responsibility to protect fundamental freedoms and to combat terrorism in conformity with international human rights law, international refugee law and international humanitarian law.
A number of delegates were pleased to see the renewed efforts in the inter-governmental working group to address the human rights abuses by transnational corporations and business enterprises and called upon all to resolve differences in a dialogue, which must be led by the respect for the human rights of vulnerable groups.
Speaking in the general debate were Venezuela on behalf of the Non-Aligned Movement, India on behalf of a Like-Minded Group, Tunisia on behalf of the African Group, Malta on behalf of the European Union, Netherlands on behalf of a group of 34 countries, France on behalf of a group of 48 countries, Pakistan on behalf of the Organization of Islamic Cooperation, Ecuador, Switzerland, Brazil, Netherlands, Cuba, South Africa, Philippines, Indonesia, Botswana, Republic of Korea, Bolivia, Nigeria, Morocco on behalf of a group of countries, Venezuela, Finland, Sierra Leone, Russian Federation, Holy See, Montenegro, Council of Europe, Nicaragua, Algeria, Pakistan, Malaysia, Maldives, Iran, Thailand, Armenia, Djibouti, Honduras, Singapore, Fiji, Ireland, Somalia, and Democratic People’s Republic of Korea.
The Council will continue its general debate on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, at its next meeting when it will start hearing from non-governmental organizations.
General Debate on the Promotion and Protection of All Human Rights, Civil, Political, Economic, Social and Cultural Rights, including the Right to Development
Venezuela, speaking on behalf of the Non-Aligned Movement, said the complex challenges facing the world required global solutions, and it was the duty of States to maintain respect for cultural diversity. The right to development should become a reality for all, and there was a delicate balance between civil and political rights and economic, social and cultural rights. In trying to achieve certain rights, human rights had to be strengthened on the basis of principles of non-selectivity and non-politicization. There was a need for the international community to protect the rights of migrants, in line with international law. The Non-Aligned Movement wished to work for the full implementation of the 2030 Agenda for Sustainable Development, and rejected unilateral coercive measures against States.
India, speaking on behalf of a Like-Minded Group, said the Human Rights Council remained the primary United Nations organ addressing human rights themes and issues. It was through consensus that the Human Rights Council could move forward. A united global response against violations of human rights required sharing of best practices. There were no simple solutions in the globalized world, and the welfare of people through holistic development could ensure human rights. There was an imbalance between economic, social and cultural rights on one hand, and civil and political rights on the other, and that imbalance needed to be addressed to enhance the Council’s credibility.
Tunisia, speaking on behalf of the African Group, underlined that transnational corporations and other business enterprises had to respect human rights standards when conducting their activities. They had to be part of the endeavour of the international community to implement the 2030 Agenda for Sustainable Development. They needed to play a constructive role in promoting investment in Africa and contribute to national efforts for development. The African Group looked forward to a draft negotiating text of the proposed convention which would be the subject of negotiations at the commencement of the third session.
Malta, speaking on behalf of the European Union, welcomed the annual reports of the Special Representative of the Secretary-General on violence against children and noted with concern the situation described therein, including the recruitment of children in armed conflict. As States embarked on the 2030 Agenda for Sustainable Development, a universal approach was required to implement the Sustainable Development Goals, including the rights of the child. The European Union with the Community of Latin American and Caribbean States would introduce a resolution on the rights of the child. The universal prohibition of torture continued to be a priority for the European Union.
Netherlands, speaking on behalf of a group of 34 countries, said that children deprived of liberty belonged to those most forgotten, stressing that the detention of children should be used as a measure of last resort. The Netherlands pledged support to the Independent Expert Manfred Nowak in his leading of the Global Study on Children Deprived of Liberty and called upon all other States to provide support, including financial, to allow for an effective completion of the Global Study and so live up to the 2030 Agenda’s pledge of leaving no one behind.
France, speaking on behalf of a group of 48 countries, reiterated urgency for all States to address the widespread practice of enforced disappearances, including in conflict-affected areas. This meant establishing the truth and combatting impunity. The effective implementation of the International Convention for the Protection of All Persons from Enforced Disappearances required action and support of all States and France urged all States which had not yet done so, to ratify this treaty.
Pakistan, speaking on behalf of the Organization of Islamic Cooperation, noted the grave and serious challenge of xenophobia, racism and discrimination and stressed the need to encourage international dialogue for the promotion of peace and tolerance and respect for cultural diversity. There was only one way to ensure a sustainable future: through mutual respect, strengthening of institutions, responsible use of resources and equitable sharing of benefits equitably. Eliminating violence and discrimination against women and all other marginalized groups was imperative, said the Organization of Islamic Cooperation and reiterated the belief in the essential role of the family as an important component in the promotion and protection of human rights.
Ecuador was pleased to see the renewed efforts in the inter-governmental working group to address the human rights abuses by transnational corporations and business enterprises and called upon all to resolve differences in a dialogue, which must be led by the respect for human rights of vulnerable groups. Ecuador urged States to join the crucial third session of the working group and reiterated its commitment to an inclusive debate and consensual solutions to the issues.
Switzerland underlined that States held the primary responsibility to protect fundamental freedoms and to combat terrorism in conformity with international human rights law, international refugee law and international humanitarian law. As for the issue of migration, Switzerland stressed that the protection of human rights of all migrants had to be at the heart of international governance on migration.
Brazil said Brazil cherished its religious and cultural diversity and was convinced that promoting religious tolerance would only make its society more resilient. It agreed that the underrepresentation of issues related to the freedom of religion and belief deserved special attention. As for truth, reparation and guarantees of non-repetition, victims’ participation was crucial in justice processes because it would contribute to the healing of collective wounds.
Netherlands called on States to make a strong stance on the defence of human rights defenders, reminding that civil space was under attack globally. As for freedom of religion and belief, it warned against the politicization of that right, and underlined the role of civil society in fostering cross-religious dialogue. With respect to access to medicines and maternal mortality, the Netherlands noted that affordable healthcare was fundamental to the full exercise of the right to health.
Cuba stressed the importance of defining a legally binding international instrument which would situate transnational corporations’ activities within the framework on international human rights law. It called on all relevant stakeholders to take part in relevant deliberations, noting that full participation was the only way to regulate businesses’ conduct.
South Africa said that the establishment of the inter-governmental working group on transnational corporations and other business enterprises was a turning point in the history of the international human rights system, particularly for the victims of grave and serious violations. The existing vacuum and protection gap for victims of human rights violations at the hands of those corporations must be attended to with priority, and their impunity must end.
Philippines was concerned that gender equality remained a challenge in employment, and that the gender gap signalled discrimination against women in accessing decent work. The principles for the Global Compact of migrants must be drawn from humanitarian and international human rights law, said the Philippines and reiterated that mental health was not only a health issue but also a matter of human rights and good governance.
Indonesia was convinced that the efforts to realize the 2030 Agenda and the right to development at the national levels must be adequately supported by international cooperation and an enabling international environment. In that sense, the support for the work of the new Special Rapporteur on the right to development was crucial. The Council should avoid practices of naming and shaming, politicization and double standards and should adhere to the purposes and principles of the United Nations Charter.
Botswana referred to the report on transnational corporations and other business enterprises and said that key questions that needed further deliberations were what form of legal mechanisms were required to ensure that transnational corporations remained accountable in all their operations, including in supply chains, and to ensure access to remedy by victims. In practice, this was a very complex issue since transnational corporations by definition had a foot in more than one country.
Republic of Korea said it was deeply concerned about the receding respect for human rights around the world. The Republic of Korea stressed the importance of climate change education for future human rights protection. Climate change could cause the destruction of cultural heritage and loss of way of life. Only when taken as a whole could the Sustainable Development Goals promote socially inclusive and sustainable growth.
Bolivia said the expert presentations and debate to draw up a legally binding instrument on transnational corporations formed an important fundament toward the beginning of substantive negotiations. Legal schemes only available to multinational entities had blocked access to justice for victims of human rights and created a legal vacuum in the international human rights system. Bolivia supported the negotiation process and invited States to make a constructive contribution to the negotiations.
Nigeria backed the call for an international legally binding instrument under which transnational corporations could be held accountable and their compliance with human standards could be promoted and enforced. National judicial systems were appropriate for the enforcement of human rights and access to justice of victims. At the same time, victims of abuses by transnational corporations desperately needed access to justice at the international level.
Morocco, speaking on behalf of a group of countries, said it had been three years since setting the goal of the universal ratification of the United Nations Convention against Torture. An impressive number of States were party to the Convention. Universal ratification could be achieved by following a strategy of creating a platform where States could share experiences. The participation of 46 States as well as regional events were proof that there was solid international will to rid the world of the crime of torture. Progress had been made by States on the Convention; Fiji and the Central African Republic had recently joined the Convention.
Venezuela appreciated the working group’s work on systematic violations by transnational corporations, which acted in total impunity and meddled into the domestic affairs of sovereign States. Some countries had used curious arguments that States held primary responsibility for the protection of human rights. However, it should not be overlooked that transnational corporations also held that responsibility. Victims of their abuses had the right to reparations.
Finland noted that all human rights which applied offline also had to be protected online. Access to information held by public authorities was a fundamental part of democratic and transparent societies. Human rights defenders’ advocacy was important for the promotion of the United Nations Guiding Principles on Business and Human Rights. It was essential to build dialogue among various stakeholders for the promotion of the Guiding Principles.
Sierra Leone stressed the importance of the right to development, which had to be met in order to fulfil equitable environmental needs of future generations. The right to development did not receive the deserved attention in the Human Rights Council. The already available instruments to address the right to development should be reinvigorated.
Russian Federation warned that the level of politicization in the Human Rights Council had become unprecedented. Double standards were on the rise and had become a norm. The basic principles of sovereign equality of States had been undermined, and political and ideological doctrines had been imposed. All of that was leading to rejection by a large number of States. There was a need to strengthen the principles of respect and equality in the Council.
Holy See raised concern over the universal access to medicines, vaccines and medical devices. That represented a challenge for all countries due to short-term thinking. In order to promote human dignity and human rights-based policies, it was necessary to confront monopolies and human greed. To achieve a better world and future for subsequent generations, it was necessary to remedy and correct the misalignments and policy incoherence between the intellectual property rights of inventors, innovators and manufacturers, and human persons.
Montenegro emphasized the need for a universal and integrated approach in the implementation of the 2030 Agenda that was consistent with human rights. Montenegro reiterated its firm commitment to the absolute and universal prohibition of all forms of torture, as well as all intimidation and reprisals against human rights defenders. At the national level, Montenegro would improve efforts to create a safe environment for the work of human rights defenders.
Council of Europe said its recommendation was built on the three pillars of the United Nations Guiding Principles on human rights and business. It was meant to enhance the effective implementation of the United Nations Guiding Principles at the European level, while building on specific Council of Europe areas of expertise. He announced the intention to hold a high-level and multi-stakeholder seminar on business and human rights in June.
Nicaragua said it recognized the crucial role that corporations could play in developing the world’s economies and the constructive role they could play in development. States must supplement the work of the working group. Nicaragua supported the working group process and the recommendations made by the Rapporteur.
Algeria said the protection of human rights at the national level required national systems that conformed with international human rights standards. Algeria had taken an inclusive approach to human rights without discrimination. It was committed to work with the Chair of the working group to implement its goals. A responsible attitude was needed to implement the pillars of development with other stakeholders.
Pakistan stressed the importance of the right to self-determination. The people of Kashmir had been promised the right to self-determination but they had been brazenly denied that right. The raw brutality of the Indian State had led to the tragedy of the Kashmiri people. What were the people of Indian-occupied Kashmir guilty of? The international community needed to stand resolutely with the Kashmiri people.
Malaysia stated it had established a national Sustainable Development Goals roadmap with a progress monitoring mechanism. The national dialogue on the Sustainable Development Goals took a multi-stakeholder approach. Malaysia supported the inter-governmental working group on transnational corporations with respect to human rights, whose work would contribute to overall global efforts to promote human rights and development strategies.
Maldives reiterated its commitment to create an environment conducive to human rights and the rule of law, noting that human rights education was key in that respect. Countering violent extremism had become a global concern, and tackling root causes of terrorism required a United Nations-wide approach. Maldives called for a global effort to promote peace and harmony.
Iran pointed out to the imbalance between economic, social and cultural rights on the one hand, and civil and political rights on the other hand. Some States neglected the importance of economic, social and cultural rights. The realization of the two groups of rights required completely different modules of international cooperation. Iran called on all relevant United Nations agencies to address the mentioned imbalances in policies and operational activities.
Thailand supported open and constructive consultations to create a legally binding international instrument on businesses and human rights, which should be attainable in practice. There was a need to integrate the Guiding Principles into national legal frameworks. Thailand had engaged in international and regional discussions to advance respect for human rights by businesses.
Armenia spoke about the breach of the principle of freedom of expression and movement. There was a regime that imposed limitations on those freedoms in Nagorno-Karabakh. Unfortunately, Azerbaijan also tried to involve other countries in its unlawful activities. The Office of the High Commissioner for Human Rights was dismayed over the restrictions on freedom of expressions. Those violations should be appropriately addressed by the United Nations agencies.
Djibouti said it shared concern about equality and non-discrimination of people with disabilities. It attached importance to the non-discrimination of people with disabilities and worked closely with organizations to prioritise community dialogue and to combat systemic discrimination. The Sustainable Development Agenda 2030 was an important opportunity for countries to reduce inequality.
Honduras said that human rights were at the heart of many of today’s challenges. Honduras stressed the right to development and said collective efforts must target these. The effective implementation of the 2030 Agenda required broad participation by all in the design and implementation of national policies. Governments must have statistical information to tailor programmes. Data was critical in achieving the 2030 Agenda.
Singapore said social compacts were unravelling in almost all societies. Maintaining social and religious harmony was of paramount importance to Singapore. The social harmony in the country did not happen by chance; it was the result of deliberate policies. The Government took an activist approach and worked closely with the people and community to ensure religious and racial harmony.
Fiji said it understood that racial divisions, religious intolerance, economic status and cultural barriers not only created an unequal society, but prevented equal access to water, housing, sanitation, and social security. In order to achieve equality, they needed to ensure equality in the access to all rights. Fiji considered civil and political rights as well as economic, social and cultural rights to be indivisible. A commitment by societies and States was required to achieve both sets of rights.
Ireland noted that the implementation of the 2030 Agenda required that human rights be placed at the heart of collective actions. Attention to the human rights aspects of mental health was overdue. Analysis of human rights and good governance as interrelated and mutually reinforcing was also needed. Redress and rehabilitation needs of victims of torture had never been greater and thus contributions to the Voluntary Fund for Victims of Torture were essential.
Somalia said it had achieved the highest number of female parliamentarians and would address the problem of sexual offences and gender-based violence through the adoption of a new bill. Somalia underlined the importance of free speech, noting that journalists should always be able to do their job free from fear and persecution by the Government.
Democratic People’s Republic of Korea drew attention to the heinous torture crimes of the United States. It wished to draw the attention of the Council to the group abduction of 12 of its female citizens by agents of the Republic of Korea, which constituted a contemporary form of a crime against humanity in flagrant violation of human rights instruments.
For use of the information media; not an official record
HRC17/031E