MORNING - Human Rights Council Hears Presentation of Reports and Starts General Debate on the Promotion and Protection of All Human Rights
Concludes Interactive Dialogue with the Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment
The Human Rights Council this morning heard the presentation of a series of thematic reports by the Secretary-General and High Commissioner for Human Rights, followed by a general debate on its agenda item on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development.
Peggy Hicks, Director of the Thematic Engagement, Special Procedures and Right to Development Division of the Office of the High Commissioner for Human Rights, presented nine thematic reports by the Secretary-General of the United Nations and the High Commissioner for Human Rights. The reports focused on the realization in all countries of economic, social and cultural rights; the relationship between the realization of the right to work and the enjoyment of all human rights by persons with disabilities; harmonizing and reforming the treaty body system; conclusions and recommendations of Special Procedures; the United Nations Voluntary Fund for Victims of Torture; the Special Fund established by the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; the rights of persons belonging to national or ethnic, religious and linguistic minorities; missing persons; and combatting intolerance, negative stereotyping, stigmatization, discrimination, incitement to violence and violence against persons, based on religion or belief.
Rongvudhi Virabutr, Deputy Permanent Representative of Thailand, presented the report of the third intersessional meeting for dialogue and cooperation on human rights and the 2030 Agenda for Sustainable Development. This year’s meeting had focused on a timely theme ‘Building back better: Integrating human rights in sustainable and resilient recovery from the COVID-19 pandemic’. There was consensus that equitable and non-discriminatory access and distribution of vaccines within and between States was crucial for an effective and just recovery.
Emilio Rafael Izquierdo Miño, Chair-Rapporteur of the Working Group on transnational corporations and other business enterprises with respect to human rights, noted that the process of defining the fundamental aspects that would lead to the adoption of a legally binding instrument was some way out. However, it was evident that fruitful work had been accomplished, both in preparation for the sixth session of the Working Group and during the meeting itself, especially considering the active participation of the international community.
In the ensuing general debate, speakers stated that a safe, clean, healthy and sustainable environment, including access to water, was critical for the enjoyment of human rights, and there were increasing calls to recognise this as a human right at a global level. Violations of women’s rights and sexual and reproductive health and rights had continued to intensify during the COVID-19 pandemic, as speakers called on the Council to relentlessly defend these rights against the growing pushback. Speakers emphasised the need for cooperation on vaccine research, development, production and distribution - it must be an affordable public good for all, especially developing countries and small island developing States. Selective approaches, double standards and politicization undermined the work of this Council.
Speakers also broached the human rights situation in, or involving the following countries and territories: Armenia, Azerbaijan, Iran, European Union, Ukraine, Baltic States, Jammu and Kashmir, India, Yemen, United States, Syria, State of Palestine, Western Sahara, Russian Federation, Russia-occupied Abkhazia and Tskhinvali, China, Hong Kong, Xinjiang and Italy.
Indonesia, Japan, Cameroon, Cuba, Philippines, Democratic People's Republic of Korea, Montenegro, Georgia, Croatia, United States and Nigeria discussed the human rights situation in their own countries.
Speakers underscored positive steps taken by Saints Kitts and Nevi, Oman, India, South Africa and the African Union.
Speaking were Netherlands on behalf of a group of countries, Maldives on behalf of a group of countries, Netherlands on behalf of Belgium, Netherlands and Luxembourg, Portugal on behalf of the European Union, Pakistan on behalf of the Organization of Islamic Cooperation, China on behalf of a group of countries, Chile on behalf of a group of countries, Azerbaijan on behalf of the Non-Aligned Movement, Syria on behalf of a group of countries, Mexico on behalf of a group of countries, Bahamas on behalf of a group of countries, Bangladesh on behalf of a group of countries, Australia on behalf of a group of countries, United Arab Emirates on behalf of a group of countries, Georgia on behalf of a group of countries, Iraq on behalf of a group of countries, Malaysia on behalf of a group of countries, Poland on behalf of a group of countries, Denmark on behalf of a group of countries, Canada on behalf of a group of countries, France, Armenia, Venezuela, Indonesia, Russian Federation, Japan, Namibia, Pakistan, India, Cameroon, Nepal, China, Bolivia, Fiji, Sudan, Cuba, Philippines, Marshall Islands, Gulf Cooperation Council, United Nations Environment Programme on behalf of United Nations entities, Qatar, Food and Agriculture Organisation, Jordan, Greece, Ecuador, Sweden, Democratic People's Republic of Korea, South Africa, Iran, Singapore, Algeria, United Nations Population Fund, Azerbaijan, Montenegro, Sovereign Order of Malta, Uganda, Ethiopia, Nigeria, Oman, Georgia, UN Women, Egypt, Croatia, United States, Chad, Niger, Rwanda and Tunisia.
Also taking the floor were the following non-governmental organizations and national human rights institutions: Defensoria del Pueblo de la Nacion of Argentina, National Human Rights Commission of India, and China Foundation for Human Rights Development.
At the beginning of the meeting, the Council concluded its interactive dialogue with Nils Melzer, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment.
Speakers thanked the Special Rapporteur for his annual report, and especially for elaborating the categories of cooperation with illustrations - something that would be helpful for a more objective assessment of States’ responses. The COVID-19 pandemic had further eroded the situation worldwide as States sought to use the public health emergency as an excuse to exercise violent social control over marginalised communities.
In his concluding remarks, Nils Melzer, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, expressed appreciation for the support extended by speakers. While the Special Rapporteur’s recommendations were not binding, they sometimes concerned binding rules that were flouted by States; and the fact that the recommendation was not binding did not change the fact that the States’ obligations under treaty law remained.
The following civil society organizations took the floor: Conectas Direitos Humanos, Commonwealth Human Rights Initiative, Society for Threatened Peoples, Helsinki Foundation for Human Rights, Comisión Mexicana de Defensa y Promoción de los Derechos Humanos, Asociación Civil, World Organisation Against Torture, Colombian Commission of Jurists, Centro de Apoio aos Direitos Humanos "Valdício Barbosa dos Santos" , Reporters Without Borders International and European Coordination of Associations and Individuals for Freedom of Conscience.
The webcast of the Human Rights Council meetings can be found here. All meeting summaries can be found here. Documents and reports related to the Human Rights Council’s forty-sixth regular session can be found here.
The Council will next meet at 1 p.m. to conclude the interactive discussion with the Special Representative of the Secretary-General for Children and Armed Conflict, and hold separate interactive dialogues with the Special Rapporteur on human rights in Iran and the Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea.
Announcement
NAZHAT SHAMEEM KHAN, President of the Human Rights Council, said it was with deep regret that she informed the Council of the untimely passing of Peter Matt, Permanent Representative of Liechtenstein to the United Nations Office at Geneva. He was not only a colleague but a dear friend to many - his friendly and compassionate personality, his dedication to human rights and multilateralism, and his pride in his country, had made him a much-respected person in Geneva. He would be sadly missed.
Interactive Dialogue with the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
The interactive dialogue with Nils Melzer, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, started in a previous meeting and a summary can be found here
Interactive Dialogue
Speakers thanked the Special Rapporteur for his annual report, and especially for elaborating the categories of cooperation with illustrations - something that would be helpful for a more objective assessment of States’ responses. The low rate of responses to the communications and lack of cooperation was concerning, but hardly surprising. Without the political will to bring about holistic institutional change, the absolute prohibition of torture would be reduced to a hortatory claim. It was important to give a voice to family members of torture victims, and survivors of torture. The world was experiencing an upsurge of extra custodial use of force, as State forces were using crowd control weapons against protestors in contravention of the recent United Nations Guidance on Less Lethal Weapons. The COVID-19 pandemic had further eroded the situation worldwide as States sought to use the public health emergency as an excuse to exercise violent social control over marginalised communities. Speakers brought the Council’s attention to the particular risks faced by journalists, activists and human rights defenders around the world.
Concluding Remarks
NILS MELZER, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, in his concluding remarks, expressed appreciation for the support extended by speakers. While the Special Rapporteur’s recommendations were not binding, they sometimes concerned binding rules that were flouted by States; and the fact that the recommendation was not binding did not change the fact that the States’ obligations under treaty law remained. On the protection of prisoners during the pandemic, he would consider collecting best practices as was suggested by a non-governmental organization, in collaboration with stakeholders. Mr. Melzer said would hold in coming months a consultation on accountability on matters related to torture, cruel, inhuman or degrading treatment or punishment.
General Debate on the Promotion and Protection of Human Rights, Civil, Political, Economic, Social and Cultural Rights, including the Right to Development
Reports
The Council has before it the report of the Secretary-General A/HRC/46/43 on the question of the realization in all countries of economic, social and cultural rights ; the report of the High Commissioner A/HRC/46/47 on the relationship between the realization of the right to work and the enjoyment of all human rights by persons with disabilities ; the report of the Secretary-General A/HRC/46/25 on measures taken to implement Human Rights Council resolution 9/8 and on obstacles to its implementation, including recommendations for further improving the effectiveness of, harmonizing and reforming the treaty body system ; the report of the Secretary-GeneralA/HRC/46/24 on conclusions and recommendations of Special Procedures; the report of the Secretary-GeneralA/HRC/46/41 on the United Nations Voluntary Fund for Victims of Torture; the report of the Secretary-General on the Special Fund established by the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment ; the report of the High Commissioner A/HRC/46/44 on the rights of persons belonging to national or ethnic, religious and linguistic minorities; the report of the Secretary-GeneralA/75/306 onmissing persons; the report of the High Commissioner A/HRC/46/67 on combatting intolerance, negative stereotyping, stigmatization, discrimination, incitement to violence and violence against persons, based on religion or belief which will be considered during the general debate on item 9.
Presentation of Reports
PEGGY HICKS, Director of the Thematic Engagement, Special Procedures and Right to Development Division of the Office of the High Commissioner for Human Rights, said the report of the Secretary-General on the question of the realization in all countries of economic, social and cultural rights examined the impact of the coronavirus disease (COVID-19) pandemic on the realization of economic, social and cultural rights, and focused on how to seize the opportunity to recover better and how to create more resilient, more equitable and more sustainable societies. The report of the High Commissioner on the relationship between the realization of the right to work and the enjoyment of all human rights by persons with disabilities stressed that mainstreaming and disability specific measures needed to be taken not only in the area of decent work, but that action was also required on interrelated and interdependent rights, such as the right to social security and the right to education. The report of the Secretary-General on measures taken to implement Human Rights Council resolution 9/8 and on obstacles to its implementation, including recommendations for further improving the effectiveness of, harmonizing and reforming the treaty body system, provided an overview of relevant reports prepared by the High Commissioner and the Secretary-General as well as related documentation regarding the effectiveness of the treaty body system.
The report on conclusions and recommendations of Special Procedures noted that the 14 Special Procedure reports had addressed different aspects of the COVID-19 pandemic. Through these reports and a host of additional statements, guidance and work, the Special Procedures were making an important contribution to providing building blocks for a human rights-based response to the pandemic, and the world’s recovery from it. The report of the Secretary-General on the United Nations Voluntary Fund for Victims of Torture described the activities of the Fund in 2020, in particular in response to the disproportionate impact of the COVID-19 pandemic on groups in vulnerable circumstances, including victims of torture. Generous contributions from 20 Member States amounting to over $ 10.4 million would enable 47,535 torture survivors in 79 countries to access medical, psychological, social, legal and humanitarian services through 180 annual grants in 2021. Regarding the report of the Secretary-General on the Special Fund established by the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Ms. Hicks noted that the increased number of donors providing contributions demonstrated the importance that States were according to torture prevention and their confidence in the impact of the Fund’s work. These projects aimed to facilitate implementation of the recommendations made by the Subcommittee on Prevention of Torture.
Turning to the report of the High Commissioner on the rights of persons belonging to national or ethnic, religious and linguistic minorities, Ms. Hicks noted that it underscored that in response to the COVID-19 crisis, the Office had advocated for the full implementation of the United Nations Minorities Declaration and fulfilment of obligations related to minority rights within recovery efforts. The report of the Secretary-General on missing persons called upon States to prioritize prevention, preparedness and early action, and also encouraged the strengthening of international cooperation regarding measures to prevent and address cases of missing persons, including reinforcing and developing initiatives in relation to children. Turning to the report of the High Commissioner on combatting intolerance, negative stereotyping, stigmatization, discrimination, incitement to violence and violence against persons, based on religion or belief, she said the information received for this report showed that a number of States had put in place legislative, institutional and policy measures and taken initiatives to promote religious freedom, pluralism, mutual understanding and tolerance.
Report
The Council has before it the report of the third intersessional meeting for dialogue and cooperation on human rights and the 2030 Agenda for Sustainable Development A/HRC/46/48.
Presentation of Report
RONGVUDHI VIRABUTR, Deputy Permanent Representative of Thailand, presented the report of the third intersessional meeting for dialogue and cooperation on human rights and the 2030 Agenda for Sustainable Development on behalf of the Chair of the meeting, Sek Wannamethee, the former Permanent Representative of Thailand. This year’s meeting had focused on a timely theme ‘Building back better: Integrating human rights in sustainable and resilient recovery from the COVID-19 pandemic’. Participants included representatives from Member States, United Nations and international human rights mechanisms, national human rights institutions, academia and non-governmental organizations. While COVID-19 was a human tragedy, it represented a historic opportunity for States to build a ‘new social contract’ based on human rights and equal opportunities for all. The entire international human rights framework provided a roadmap for this rebuilding. There was consensus that equitable and non-discriminatory access and distribution of vaccines within and between States was crucial for effective and just recovery. Participants called for gender responsive recovery strategies, ending discrimination and all forms of violence against women and girls, considering that the burden they carried had only intensified as a result of the pandemic. A whole of society approach would be needed.
Report
The Council has before it the report on the sixth session of the open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights A/HRC/46/73.
Presentation of Report
EMILIO RAFAEL IZQUIERDO MIÑO, Chair-Rapporteur of the Working Group on transnational corporations and other business enterprises with respect to human rights, noted that the process of defining the fundamental aspects that would lead to the adoption of a legally binding instrument was some way out. However, it was evident that fruitful work had been accomplished, both in preparation for the sixth session of the Working Group and during the meeting itself, especially considering the active participation of the international community. The Chair-Rapporteur highlighted that he was available to organize informal consultations with all interested actors prior to the seventh session, and would be inviting a group of experts from different legal systems in the next few months. The Group was convinced that it was possible to improve victims' access to effective justice and reparation through binding regulations. The High Commissioner, during her participation in the process, had emphasised the need to empower and protect all affected communities, and, in particular, human rights defenders. The Chair-Rapporteur reiterated his gratitude to all the States and relevant actors that had participated in the sixth session, renewing the invitation to all members and observers of this Council to participate in the advancement of this process.
General Debate
Speakers stated that a safe, clean, healthy and sustainable environment, including access to water, was critical for the enjoyment of human rights, and there were increasing calls to recognise this as a human right at the global level - in the past few years more than 155 countries had recognised it, or its elements, in their national legal systems. Climate change similarly greatly affected human rights and all countries must address its root causes and impacts; it was high time to consider appointing a Special Rapporteur on this issue. The mere existence of the death penalty in law for blasphemy or apostasy, even if it was not applied, had significant chilling effects on freedom of speech. Violations of women’s rights, including sexual and reproductive health rights, had continued to intensify during the COVID-19 pandemic, as speakers called on the Council to relentlessly defend these rights against the growing pushback. The pandemic similarly had had a drastic effect on people on the move - migrants were part of the solution, and States must provide them with access to healthcare, and include them in the COVID-19 response policies. The pandemic had created a real risk of an entire generation of girls never returning to education as a result of school closures - urgent action to ensure all girls got back to school was needed.
Speakers emphasised the need for cooperation on vaccine research, development, production and distribution - it must be an affordable public good for all, especially developing countries and small island developing States. Selective approaches, double standards and politicisation undermined the work of this Council. Economic, social and cultural rights, including the right to development, must be put on an equal footing with civil and political rights. Unilateral coercive measures continued to undermine fundamental human rights in targeted countries, particularly in their long-term application, and this was even more concerning given the pandemic context. The proliferation of meddling initiatives should be halted. Commending the Council’s leadership for bringing the world closer to global recognition and protection of the right to a healthy environment, speakers welcomed the pledge signed by over 1,000 civil society, child, youth and indigenous peoples’ organizations calling for Member States to recognize the right to a healthy environment. Recalling that the right to development encompassed all other rights, speakers said failure to fulfil them bred violence and unrest.
HRC21.032E