AFTERNOON - Special Rapporteur on Minority Issues: There Has Been Little or No Significant Development Institutionally at the United Nations to Advance the Protection of Minorities
Human Rights Council Hears Presentation of Reports of the Forum on Minority Issues, the Social Forum, the Forum on Human Rights, Democracy and the Rule of Law, and the Special Procedures, and Starts General Debate on Human Rights Bodies and Mechanisms
The Human Rights Council this afternoon held an interactive dialogue with the Special Rapporteur on minority issues. It then heard the presentation of reports of the Forum on Minority Issues, the Social Forum, the Forum on Human Rights, Democracy and the Rule of Law, and the Special Procedures, and started a general debate on agenda item five on human rights bodies and mechanisms.
Fernand de Varennes, Special Rapporteur on minority issues, said the thematic section of the report on moving forward in recognising and protecting the rights of minorities at the United Nations provided a critical review and assessment of the implementation of the United Nations Declaration on the Rights of Minorities since its adoption in 1992. Thirty years ago, when the Declaration was adopted, the international community was hoping for a progressive realisation of the human rights of minorities that would change the lives of numerous communities and of millions of people throughout the world. The thematic report’s conclusions were not so sanguine. The record for minorities had not been one of progress, quite the opposite. To summarise, there had been little or no significant development institutionally at the United Nations to advance the protection of minorities when compared with other marginalised groups. Many of the institutions of the United Nations seemed ‘indifferent’ to minority issues, with minorities remaining largely ‘left behind’ at the United Nations.
Mr. de Varennes said among the recommendations that were widely supported during the Special Rapporteur’s regional forums and the United Nations Forum on Minority Issues were proposals for a legally binding instrument, the consolidation of regional forums on minorities at the United Nations and, among others, the creation of a permanent forum and voluntary fund for minorities at the United Nations.
In the ensuing discussion, speakers said throughout history and still today, minority issues lay at the heart of many of the world’s conflicts and the rights of persons belonging were even misused as a pretext for war. The full enjoyment of human rights by persons belonging to minorities contributed to political and social stability and was key for effective prevention of conflicts. States should develop pragmatic, sustainable and comprehensive policies to effectively combat negative stereotypes and perceptions of minorities; likewise, religious and ethnic tolerance should be promoted. The Council and all Member States should prioritise the protection of minorities, curb hate speech, and strengthen education as a way to build resilient societies and safeguard the rule of law and democracy.
Some speakers said the use of minority rights to spread rumours and lies and foment dissent within the Council was rejected. Advocacy for minority rights should not be used as a tool and a pretext to permit any activity contrary to the purposes and principles of the United Nations, including sovereignty, territorial integrity, and political independence of States, and should not become a false flag used as an excuse for interfering in the domestic affairs of States.
Speaking in the discussion were European Union, Tunisia, Colombia, Paraguay, China, Slovenia, United States, Russian Federation, Cameroon, Iraq, Venezuela, Nepal, Armenia, Egypt, Austria, India, South Africa, Kazakhstan, Italy, Holy See, Georgia, Afghanistan, Australia, Croatia, Mexico, Azerbaijan, Romania, Bangladesh, Organization of Islamic Cooperation, Hungary, Cyprus, Cuba, Ireland, Ukraine, Serbia, Iran, Brazil, Viet Nam, and Rwanda.
Also speaking were Minority Rights Group, China Association for Preservation and Development of Tibetan Culture, World Jewish Congress, China Ethnic Minorities’ Association for External Exchanges, ADALAH - Legal Centre for Arab Minority Rights in Israel, Shaanxi Patriotic Volunteer Association, International Organization for the Right to Education and Freedom of Education, Humanists International, Centre Zagros pour les Droits de l'Homme, and the Organisation for Poverty Alleviation and Development.
Speaking in right of reply were Azerbaijan, Armenia, China and Iran.
The Council then heard the presentation of reports of the Forum on Minority Issues, the Social Forum, the Forum on Human Rights, Democracy and the Rule of Law, and the Special Procedures.
Mr. de Varennes presented the report on the fifteenth session of the United Nations Forum on Minority Issues, held on 1 and 2 December 2022, on the theme of “Review, rethink, reform: thirtieth anniversary of the adoption of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities”. The recommendations made in the report aimed to provide guidance to further implement the Declaration on Minority Rights; to take stock of the state of minority rights protection; to identify gaps in the minority protection regime; and to make recommendations on the ways forward.
Among the recommendations that were widely supported were proposals for a legally binding instrument, the consolidation of regional forums on minorities at the United Nations and, among others, the creation of a permanent forum and voluntary fund for minorities at the United Nations.
Aurora Díaz-Rato Revuelta, Co-Chair-Rapporteur of the Social Forum 2022, presenting the report of the 2022 Social Forum of the Human Rights Council, said the Social Forum took place on 3 and 4 November and focused on water for human rights in sustainable development, with a view to making a human rights contribution to the mid-term review conference of the Decade, which was taking place this week in New York. Conclusions from the discussions included the agreement that access to safe, affordable and quality drinking water and sanitation services were basic human rights. Without the rights to water and sanitation, all human rights, such as life, health, food, and work were at risk. People with disabilities, women and girls, and people living in rural areas suffered the most from insufficient, polluted and unsafe water supplies. It was recommended that water governance be based on human rights, prioritising personal and domestic uses and incorporating democratic and transparent participatory and control mechanisms into public water management.
Patricia A. Hermanns, Chair of the Forum on Human Rights, Democracy and the Rule of Law, said the fourth session of the Forum took place on 24 and 25 November 2022 on the theme of “Strengthening democracies to build back better: challenges and opportunities”. Discussions at the Forum were organised around four thematic areas. The first was: Learning through adversity: mapping pandemic-related democratic erosion. The second theme of the Forum discussions was titled: Building blocks of building back: developing stronger institutions and fostering trust in government. The third theme discussed was: All in this together: social cohesion and community-led resilience and response systems. The fourth theme of the Forum discussions pertained to: Strengthening safeguards against future crises. The Forum also held two focused discussions on the state of democracy worldwide in the post-pandemic context, and on the implementation of recommendations of previous sessions of the Forum.
Victor Madrigal-Borloz, presented on behalf of the Coordination Committee of Special Procedures the reports on activities of Special Rapporteurs/Representatives, Independent Experts and Working Groups of the Special Procedures of the Human Rights Council, and the communications report of the Special Procedures of the Council. He said the report reflected the rich contribution of the Special Procedures to the global human rights agenda, and the dedication of his colleagues to the delicate task given to them by the Council. For the potential of the Special Procedures to be realised, the support of States and constructive cooperation with them was essential. At the same time, some States had not taken any measures of cooperation with the Special Procedures, and others cooperated selectively. Some mandate holders had been intimidated as a result of fulfilling their mandate, and others had faced baseless accusations about their integrity and motivations: the Council must maintain and consolidate its practice condemning personal attacks against the experts to whom it entrusted the delicate task, described on numerous occasions, of being their eyes and ears.
In the general debate on agenda item five on human rights bodies and mechanisms, some speakers said that 25 years ago, the General Assembly adopted by consensus the United Nations Declaration on Human Rights Defenders. And yet, since the adoption of the Declaration, the world had witnessed all too many disturbing attacks against human rights defenders in all too many places in the world. This was an opportunity to renew the commitment to protect and promote all human rights, and to support States in implementing all their human rights commitments, in line with the recommendations issuing from the treaty bodies. Some speakers said Special Procedure mandate holders should fulfil their mandate guided by the highest standards of impartiality, objectivity, professionalism, accountability, and good faith. They should exercise due diligence in evaluating allegations, ensuring that communications and news releases were based on objective and dependable facts, in order to build trust in them. Many speakers expressed deep concern about the lack of adequate, predictable and sustainable funding of the United Nations’ human rights bodies and mechanisms, including the treaty bodies and the Special Procedures.
Speaking in the general debate were Belgium on behalf of a group of countries, Portugal on behalf of a group of countries, Philippines on behalf of the Association of Southeast Asian Nations, Azerbaijan on behalf of the Non-Aligned Movement, Romania on behalf of a group of countries, Pakistan on behalf of the Organization of Islamic Cooperation, Russian Federation on behalf of a group of countries, United States, China, Germany and France.
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 fifty-second regular session can be found here.
The next meeting of the Council will be at 10 a.m. on Friday, 24 March, when it will continue and conclude the general debate on agenda item five. It will then start the adoption of Universal Periodic Review outcomes of 14 States.
Interactive Dialogue with the Special Rapporteur on Minority Issues
Report
The Council has before it the report of the Special Rapporteur on minority issues, Fernand de Varennes, on mainstreaming minority rights at the United Nations and elsewhere (A/HRC/52/27).
Presentation of Report
FERNAND DE VARENNES, Special Rapporteur on minority issues, said there were three areas which should be highlighted from the annual report before embarking on the thematic segment of the report. One of the significant developments during this mandate had been the creation and organisation since 2019 of regional forums each year on the same themes and to complement each year the United Nations Forum on Minority Issues. This significant step forward to ensure greater accessibility for minorities and greater opportunities to take into account their specificities, challenges and expertise had had significant State support, having been overwhelmingly well received and considered successful - and its continuation needed to be formalised and supported institutionally at the United Nations.
It had been also a significant step to provide much needed clarification for the purposes of the mandate of a working definition of the concept of a minority, and the significance and scope of the four categories of minorities recognised in United Nations instruments, national or ethnic, religious and linguistic minorities, to avoid the too often confusion and unhelpful situation where certain minorities could simply be ignored because of this absence. Minorities mattered, but their presence, position and treatment had not improved in recent years; even at the United Nations and in its initiatives, too many avoided or disregarded the fact that certain minorities were often amongst the world’s most vulnerable communities – and not accidentally.
Mr. de Varennes said the thematic section of the report on moving forward in recognising and protecting the rights of minorities at the United Nations provided a critical review and assessment of the implementation of the United Nations Declaration on the Rights of Minorities since its adoption in 1992. Thirty years ago, when the Declaration was adopted, the international community was hoping for a progressive realisation of the human rights of minorities that would change the lives of numerous communities and of millions of people throughout the world. The thematic report’s conclusions were not so sanguine. While much had been done in relation to anti-discrimination, the opposite seemed to be true with minority rights not only not being mainstreamed, but being largely omitted in the United Nations system, except for a few exceptions which were referred to in the report, such as in the faith for rights initiative.
The record for minorities had not been one of progress, quite the opposite. To summarise, there had been little or no significant development institutionally at the United Nations to advance the protection of minorities when compared with other marginalised groups. Many of the institutions of the United Nations seemed ‘indifferent’ to minority issues, with minorities remaining largely ‘left behind’ at the United Nations. Among the recommendations therefore that were widely supported during the Special Rapporteur’s regional forums and the United Nations Forum on Minority Issues were proposals for a legally binding instrument, the consolidation of regional forums on minorities at the United Nations and, among others, the creation of a permanent forum and voluntary fund for minorities at the United Nations.
Discussion
In the ensuing discussion, speakers said throughout history and still today, minority issues lay at the heart of many of the world’s conflicts and the rights of persons belonging were even misused as a pretext for war. Controversies in a society, including those related to minority issues, could be overcome and could lead to a stronger, more vibrant, and thriving society. The full enjoyment of human rights by persons belonging to minorities contributed to political and social stability and was key for effective prevention of conflicts.
Each and every violation of rights of persons belonging to any minority across the world deserved the attention of the Council. All groups should enjoy equal opportunities, participate equally in economic, cultural and social life, and promote national unity. The human rights of all ethnic groups were important. Violators should be held accountable, and had to provide redress to victims. States should develop pragmatic, sustainable and comprehensive policies to effectively combat negative stereotypes and perceptions of minorities; likewise, religious and ethnic tolerance should be promoted.
This year the international community commemorated the thirtieth anniversary of the Declaration on the Rights of Persons Belonging to Minorities, and speakers said this milestone highlighted the need to intensify the collective engagement to promote and advance the rights of minorities worldwide. Significant gaps remained in the protection of minorities. Most often it was members of marginalised communities globally who bore the brunt of socio-economic discrimination, which was further enhanced by the effects of the COVID-19 pandemic and climate change. At the high-level meeting on 21 September 2022 in New York, the Secretary-General affirmed that the protection of minorities was integral to the mission of the United Nations and that the promotion of minority rights was vital to advancing political and social stability, and preventing conflict within and between countries.
Human rights provided an important blueprint for everyone, including governments, to address long-standing discrimination issues through meaningful partnerships with affected communities – as stated by the High Commissioner. Therefore, speakers saw the new Practical Guide to Developing Comprehensive Anti-Discrimination Legislation or the Guidance Note on Intersectionality, Racial Discrimination and Protection of Minorities presented by the Office of the High Commissioner for Human Rights as important examples of practical recommendations for implementation at the country level.
United Nations mechanisms were showing discrimination when it came to minority rights, ignoring the glaring violation of ethnic rights in certain parts of the world, whilst pointing the finger at only certain countries. Some ethnic minorities were unable to participate in the work of the United Nations, hindering their right to self-expression. Religious and ethnic minorities were increasingly becoming targets of hate speech and violence, and there were even calls to genocide. It was crucial to act as a global organization to timely and adequately prevent the risks of mass atrocities. The same was true for the conflict situations.
The use of minority rights to spread rumours and lies and foment dissent within the Council was rejected by some speakers. The Special Rapporteur should strictly adhere to the Code of Conduct and not include unverified information in his report, a speaker said.
Among questions raised by speakers were: what actions could countries set on national or international levels to ensure the protection of the rights of persons belonging to minorities was not used as a pretext for conflict; a request for more detail regarding the recommendation on the permanent forum on minorities; and how it could be ensured that no section of minorities was left behind if States moved ahead towards drafting a legally binding instrument, creating a permanent forum, and establishing a voluntary fund for minorities given the country-specific diversity of minorities. One speaker said that to have a concrete impact, the international community needed to strengthen the implementation of the protection of minority rights at the national level, thus, how could the Special Rapporteur’s mandate better support countries in this effort? In the absence of an investigative mechanism, how could the work of the Special Rapporteur, in coordination with the work of other mechanisms, contribute to the documentation of violations and the prevention of worse atrocities?
As this was the Special Rapporteur’s last interactive dialogue at the Council, several speakers thanked him for his work in support of minority rights.
Intermediate Remarks
FERNAND DE VARENNES, Special Rapporteur on minority issues, said one of the main questions was what action could be taken to avoid for minority issues to be used as a pretext for conflict; it was important to treat minorities well. Peace, justice and stability were more conducive in an environment where minorities were included, and their rights protected. This was why a comprehensive framework and legal document for States was needed to avoid any confusion. There was a need for a treaty to provide clarity and guidance to address issues of language, religion or belief, and culture. The proposed treaty had new sections on the rights of religious or belief minorities, and on statelessness, as well as social media and hate speech. Guidance was being provided in these areas which could avoid the instrumentalisation and politicisation of minority grievances, which could otherwise persist. The proposed treaty presented a series of concepts which were inclusive, but there were other processes which would need to be included. It was important to approach this with a lens of self-identification, as was taken with indigenous peoples. A permanent forum was one of the most effective tools at the United Nations which would ensure that minorities could be seen and heard and participate constructively around issues pertaining to their human rights.
Discussion
In the continued discussion, some speakers said all religious minorities should exercise equal rights in practicing their rituals. The world was falling short when it came to the protection of minority rights. Incitement to violence against minorities was growing around the world: right-wing propaganda and xenophobia were affecting the rights of Islamic minorities in particular, and they suffered from discrimination in many areas. Islamophobia was a significant barrier to achieving rights: much more needed to be done in this regard.
In 2022, the thirtieth anniversary of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities provided an excellent opportunity to assess the Declaration’s implementation. As the report pointed out, more needed to be done both in terms of promoting stronger legal protection, and the strengthening and mainstreaming of minority rights in the United Nations. Supporting and revitalising cultural heritage was a vital step in this regard.
Some speakers said States must take all appropriate measures to ensure the respect, protection and fulfilment of the right of national minorities to continued instruction in their mother tongue throughout all levels of their education, as well as ensuring that language policies were developed in effective consultation with minority representatives, and that they did not limit the rights of minorities to preserve and develop their identity. The root causes of discrimination must be investigated and reversed in order to ensure that all could enjoy their rights: hate crimes must be punished.
All States should respect and implement relevant United Nations standards for the protection of national minorities, in particular those enshrined in the United Nations Declaration on the Rights of Minorities, and integrate the protection of minorities in the implementation of the Sustainable Development Goals to ensure minority groups were not left behind.
Existing instruments, such as the Convention on the Elimination of Racial Discrimination, the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child, and other treaties that protected certain aspects of minority rights were far from being fully implemented when it came to provisions protecting the rights of minorities. Much still needed to be done to address the implementation gap in the many countries that were party to these treaties. The Council and all Member States should prioritise the protection of minorities, curb hate speech, and strengthen education as a way to build resilient societies and safeguard the rule of law and democracy.
Some speakers said old colonising powers in developed countries had today developed sophisticated forms of discrimination against indigenous groups, leading to a deplorable situation in the twenty-first century, and then turned to the Council to implement double standards and selectivity. The Council could not be politicised in this regard, a speaker said. Advocacy for minority rights should not be used as a tool and a pretext to permit any activity contrary to the purposes and principles of the United Nations, including sovereignty, territorial integrity, and political independence of States, and should not become a false flag used as an excuse for interfering in the domestic affairs of States.
Among questions raised were: in the Special Rapporteur’s assessment, which one of his recommendations could be the most swiftly operationalised regarding the mainstreaming of minority rights at the United Nations; and had the Special Rapporteur identified best practices with regard to the participation of persons from ethnic minorities in decision-making?
Concluding Remarks
FERNAND DE VARENNES, Special Rapporteur on minority issues, said one of the first steps that could be accomplished was the renewal of the 2013 guidance note of the United Nations General Assembly. This was in place but had not yet been implemented. Another possibility was to consider a process for setting up a permanent forum for minorities at the United Nations, which would provide space for dialogue to include some of the issues raised. The draft treaty on the rights of minorities dealt with the treatment of minorities. Some of the worst human rights violations were experienced by minorities. As they were among the most marginalised and vulnerable communities, new measures and tools needed to be developed, which was where the draft treaty on the rights of minorities came in. These would set new and clear standards to try to identify the rights of national, ethnic and language minorities. As this would be his last interactive dialogue, Mr. de Varennes said it was a pleasure working, discussing and sometimes disagreeing with members of many Permanent Missions. It was time to look at the future and it was time to build something better and stronger.
Presentation of Reports Under Agenda Item Five on Human Rights Bodies and Mechanisms
Reports
The Council has before it the Report of the Forum on Minority Issues on its fifteenth session (A/HRC/52/71);
The Report of the Social Forum on its 2022 session (A/HRC/52/73);
The Report of the fourth session of the Forum on Democracy, Human Rights and Rule of Law (A/HRC/52/72);
The Report on the activities of Special Rapporteurs/Representatives, Independent Experts and Working Groups of the Special Procedures of the Council (A/HRC/52/70) and its addendum (A/HRC/52/70/Add.1)
The communications report of the Special Procedures of the Council, held from 6 to 10 June 2022 (A/HRC/52/3).
Presentation of Report of the Forum on Minority Issues
FERNAND DE VARENNES, Special Rapporteur on minority issues, presented the report on the fifteenth session of the United Nations Forum on Minority Issues, held on 1 and 2 December 2022, on the theme of “Review, rethink, reform: thirtieth anniversary of the adoption of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities”. The Forum was held mostly in person for the first time since the pandemic, with some hybrid elements, although due to some restrictions still in place, some people belonging to minorities from outside Western Europe were unable to attend in person. There was a high level of participation, with over 600 participants from 79 countries. A regional approach would promote more equitable participation for minorities who were not always able to travel to Geneva once a year to participate in the United Nations Forum.
The recommendations made in the report were drawn primarily from the discussions and contributions made by the United Nations Forum participants and the four regional forums organised by the Special Rapporteur, with the support of the Tom Lantos Institute, and the Americas, Africa and Central Europe forums, which involved more than 100 participants each. The recommendations were based on international law and standards, and good practices in the protection of the human rights of minorities to prevent conflicts involving minorities. They aimed to provide guidance to further implement the Declaration on Minority Rights; to take stock of the state of minority rights protection; to identify gaps in the minority protection regime; and to make recommendations on the ways forward.
Among the recommendations that were widely supported were proposals for a legally binding instrument, the consolidation of regional forums on minorities at the United Nations and, among others, the creation of a permanent forum and voluntary fund for minorities at the United Nations. These had been raised frequently, with wide consensus, across a variety of locations. Other recommendations focused on the need to mainstream the human rights dimension, specifically those of marginalised minorities who were vulnerable to abuse such as the intersection of the rights of women and disabled persons. The human rights of minorities needed to be mainstreamed in the United Nations institutions, programmes and offices.
It was also recommended that the United Nations ensure the inclusion of minorities such as Roma and Dalits throughout their regional and country-specific programmes and address the increasing human rights violations of minorities caused by environmental injustice. States were recommended to ratify, accede to and adhere to all international and regional human rights instruments that protected and promoted the human rights of minorities, and to ensure the full implementation of the Declaration on the Rights of Minorities. There were also significant recommendations that all States adopt and implement normative frameworks to promote and protect the linguistic rights of minorities. States should revise the laws and practices which restricted the activities of religious minorities, and ensure that laws regulating activities of religious organizations were in conformity with the international human rights standards. The recommendations were signs that there was desire to work together, towards more just and peaceful societies.
AURORA DÍAZ-RATO REVUELTA, Co-Chair-Rapporteur of the Social Forum 2022, presenting the report of the 2022 Social Forum of the Human Rights Council, said the Social Forum took place on 3 and 4 November and focused on water for human rights in sustainable development, with a view to making a human rights contribution to the mid-term review conference of the Decade, which was taking place this week in New York. The Forum incorporated the themes of the 2023 United Nations Water Conference into its round tables, and had contributions from more than 30 speakers, including the Special Rapporteur on the rights to water and sanitation, the co-hosts of the Conference on Water, and the United Nations High Commissioner for Human Rights.
Conclusions from the discussions included the agreement that access to safe, affordable and quality drinking water and sanitation services were basic human rights. Without the rights to water and sanitation, all human rights, such as life, health, food, and work were at risk. People with disabilities, women and girls, and people living in rural areas suffered the most from insufficient, polluted and unsafe water supplies. It was recommended that water governance be based on human rights, prioritising personal and domestic uses and incorporating democratic and transparent participatory and control mechanisms into public water management. The importance of private water operators working under the control of public authorities was also stressed. Achieving Sustainable Development Goal six, access to water and sanitation, needed to be high on the global, political agenda.
It was gratifying to see how the facilitating countries of the Water Conference endorsed the commitment to enable an inclusive space, in collaboration with the Special Rapporteur on the right to water and sanitation. It was recommended that the United Nations system and its Member States improve dialogue and collaboration with defenders of the rights to water and sanitation. The importance of establishing a human rights-based follow-up mechanism was stressed so that the commitments made at the Water Conference were translated into effective action. Public authorities needed to assume their essential responsibilities for the good governance of water resources, and investment in sustainable water governance and infrastructure needed to be urgently increased.
It was important to develop appropriate legal frameworks that prioritised the human rights to water and sanitation. Developing countries bore the brunt of the water crisis and needed equitable access to cutting-edge technologies to improve their water and sanitation management. Indigenous peoples using their practices, traditions and ancestral knowledge about their territories, contributed to preserving ecosystems. States and the international community should ensure that human rights defenders to water and sanitation were protected from threats and attacks. The Social Forum had opened a gap for massive participation of social movements in the Water Conference. More than two billion people worldwide still did not have guaranteed access to safe drinking water and sanitation; it was a question of rights. The 2023 Social Forum would be held in November and focus on the contribution of science, technology and innovation to the promotion of human rights, including in the context of post-pandemic recovery.
PATRICIA A. HERMANNS, Chair of the Forum on Human Rights, Democracy and the Rule of Law, presenting the report of the Forum, said the fourth session of the Forum on Human Rights, Democracy and the Rule of Law took place on 24 and 25 November 2022 on the theme of “Strengthening democracies to build back better: challenges and opportunities”. Discussions at the Forum were organised around four thematic areas. The first was: Learning through adversity: mapping pandemic-related democratic erosion, under which the discussion focused on the impact of the COVID-19 pandemic on human rights, gender equality, the rule of law and democratic processes and institutions around the world. The second theme of the Forum discussions was titled: Building blocks of building back: developing stronger institutions and fostering trust in government, and participants discussed specific tools aimed at strengthening democratic institutions, specifically on stronger parliamentary and judiciary oversight.
The third theme discussed was: All in this together: social cohesion and community-led resilience and response systems, and the discussion centred around specific tools and measures aimed at strengthening social cohesion and inclusion to contribute to peaceful and just societies and to leave no one behind, in line with the United Nations comprehensive response to COVID-19. Finally, the fourth theme of the Forum discussions pertained to: Strengthening safeguards against future crises: inspiring examples to drive change, under which participants discussed specific tools, best practices and new initiatives aimed at strengthening democratic safeguards, while improving preparedness for future crises.
The Forum also held two focused discussions on the state of democracy worldwide in the post-pandemic context, and on the implementation of recommendations of previous sessions of the Forum. The summary report contained many recommendations directed to Member States, as well as to other actors, including parliaments, civil society, international organizations and the international community, which were wide-ranging, detailed and actionable. Ms. Hermanns encouraged all stakeholders to make every effort to implement these recommendations, and to follow up on those made during the previous sessions of the Forum.
VICTOR MADRIGAL-BORLOZ, presented on behalf of the Coordination Committee of Special Procedures the reports on activities of Special Rapporteurs/Representatives, Independent Experts and Working Groups of the Special Procedures of the Human Rights Council, and the communications report of the Special Procedures of the Council. He said the report reflected the rich contribution of the Special Procedures to the global human rights agenda, and the dedication of his colleagues to the delicate task given to them by the Council. During 2022, they addressed cross-cutting issues: armed conflicts, prevention, development, climate change, and new technologies were just some examples, and by doing so contributed significantly to increase the relevance of human rights throughout the United Nations system and beyond.
The report also underlined the commitment of the Special Procedures to the wider United Nations family. Concomitantly, it illustrated the growing interest of other pillars and entities of that family, including United Nations country teams, in cooperating with the Special Procedures. Such processes created coherence, offered key momentum and opportunities to integrate the work of Special Procedures within the United Nations system, and fostered engagement between these mechanisms and United Nations bodies and entities.
As was the case last year, the report also highlighted the contribution of Special Procedures to technical cooperation, and this should encourage more States and other actors to collaborate with mandate holders, with a view to solving current challenges. For the potential of the Special Procedures to be realised, the support of States and constructive cooperation with them was essential. At the same time, some States had not taken any measures of cooperation with the Special Procedures, and others cooperated selectively. Some mandate holders had been intimidated as a result of fulfilling their mandate, and others had faced baseless accusations about their integrity and motivations: the Council must maintain and consolidate its practice condemning personal attacks against the experts to whom it entrusted the delicate task, described on numerous occasions, of being their eyes and ears.
Special Procedures were more than a collection of individual mandates. They also constituted a collective that shared information and experiences, adopted collective decisions on working methods, and gave content to concepts such as the intersectionality of the human rights approach.
General Debate on Agenda Item Five on Human Rights Bodies and Mechanisms
Some speakers said that 25 years ago, the General Assembly adopted by consensus the United Nations Declaration on Human Rights Defenders. And yet, since the adoption of the Declaration, the world had witnessed all too many disturbing attacks against human rights defenders in all too many places in the world. This anniversary was an opportunity to renew the commitment to promote and protect all human rights, and to support States in implementing all their human rights commitments, in line with the recommendations issuing from the treaty bodies.
A number of speakers said national human rights mechanisms promoted dialogue, especially with civil society, fostering their engagement, as well as ensuring better implementation of human rights and human rights commitments. All States should include in the Universal Periodic Review recommendations for the creation or the strengthening of these mechanisms, and should share good practices in this matter.
Some speakers said Special Procedure mandate holders should fulfil their mandate guided by the highest standards of impartiality, objectivity, professionalism, accountability, and good faith. They should exercise due diligence in evaluating allegations, ensuring that communications and news releases were based on objective and dependable facts, in order to build trust in them. Domestic accountability mechanisms and processes should be allowed to run their course and not be prejudged.
As the international community commemorated several important anniversaries this year, including those of the Universal Declaration of Human Rights and the Vienna Declaration and Programme of Action, it had an opportunity to reaffirm the centrality of human rights, which were fundamental in ensuring the success of all the United Nations pillars. The Human Rights Council must work together with the United Nations Secretary-General and the High Commissioner in the common endeavour to respect, protect, promote, and fulfil human rights, identify violations and abuses, respond through early preventive actions, and ensure accountability and independent human rights monitoring. It must seek further synergies between the United Nations pillars and between the different United Nations bodies, whether they were located in Geneva, in New York, or elsewhere.
Some speakers expressed concern for the chronic underfunding of the United Nations human rights pillar, which impeded the functioning of such bodies as the Office of the High Commissioner for Human Rights. There was deep concern about the lack of adequate, predictable and sustainable funding of the United Nations’ human rights bodies and mechanisms, including the treaty bodies and Special Procedures. The Secretary-General should ensure sufficient funding from the regular budget for the human rights pillar, and all Member States should fulfil their financial obligations.
Many speakers expressed concern for continued reports of acts of intimidation and reprisals against individuals and members of civil society who cooperated with the United Nations, including human rights defenders, journalists and media workers, victims of human rights violations and abuses, witnesses, their relatives and lawyers, public officials, opposition parties, and national human rights institutions.
All States should respect and protect the rights of these persons and speakers strongly condemned any form of intimidation, harassment, and reprisal against them. States should do everything in their power to end and prevent such acts, and ensure prompt and impartial investigation, effective remedies, and full accountability for these acts.
Critical aspects for functional democracies such as preventing discrimination, inclusive and effective participation of young people and civil society in the decision-making processes on matters that affected their lives, as well as the freedom of expression and the access to reliable information, were emphasised during the debates of the Forum on Human Rights, Democracy, and the Rule of Law. The Council should continue to debate on issues related to democracy and the rule of law on a regular basis, while ensuring a relevant follow-up on the proposals from one Forum’s edition to the next one.
The initial silence of relevant mandate holders vis-à-vis the recent burning of the Koran in various countries was a matter of concern for some speakers, who said this was deeply disturbing, as they prioritised the right of an individual to freedom of expression, which was not a license to incite hatred against members of the Islamic religion across the world. Conflating this with blasphemy and minority rights was also a matter for concern, as was their lack of statement during the Global Day on Islamophobia, a contemporary form of racism, and they should speak out when racism and xenophobia were expressed against this faith.
Some speakers said the Special Procedures had an important role to play around the world through cooperation and dialogue with States, and the Human Rights Council had adopted a Code of Conduct, estimating that this would help enhance their moral authority and credibility. However, some Special Procedures arbitrarily interpreted their mandates, overstepping these latter, distracting them from matters of concern and gravely undermining their credibility, opting for politicised rhetoric and allegations. The Code of Conduct was the imperative basis for all activities of mandate holders, who should act in an independent capacity in impartial and professional assessment, neither seeking nor accepting instructions from any governmental or non-governmental organization. All mandate holders should vigorously and vigilantly observe the provisions of the Code. One speaker said the system of Special Procedures was flawed and urgently in need of reform.
The United Nations and this Council, together with the principles it was meant to uphold, had never been more important, said some speakers. Yet the threats to these principles had grown increasingly grave. These threats came not just from those who defied international law by launching wars that violated the sovereignty and territorial integrity of their neighbours, by violently restricting their citizens’ freedom of expression, or by arbitrarily detaining those who defended the rights of others, but also from those who now questioned the very norms the international community committed to and agreed upon 75 years ago. In the face of these threats, all Member States must recommit to the Universal Declaration of Human Rights and the Vienna Declaration and Programme of Action and to the system they represented and of which they were a vital part. This meant having the strength to denounce human rights abuses and violations wherever they occurred and the candour to admit shortcomings along with the willingness to strive to address them.
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HRC23.042E