MORNING - Human Rights Council Hears Call to End Arbitrary Detention Once and for All, and that Homelessness Can Significantly Increase the Risk of Contemporary Forms of Slavery
Council Concludes Interactive Dialogue on the Report of the Office of the High Commissioner on Protecting Economic, Social and Cultural Rights in the Context of Addressing Inequalities in the Recovery from the COVID-19 Pandemic
The Human Rights Council this morning held an interactive dialogue with the Working Group on Arbitrary Detention, and began an interactive dialogue with the Special Rapporteur on contemporary forms of slavery, including its causes and consequences. The Council also concluded an interactive dialogue on the report of the Office of the High Commissioner on promoting and protecting economic, social and cultural rights in the context of addressing inequalities in the recovery from the COVID-19 pandemic.
Priya Gopalan, Chair-Rapporteur of the Working Group on Arbitrary Detention, said the Working Group continued to explore various thematic issues to assist stakeholders in preventing arbitrary detention, including disseminating findings and recommendations of its study of arbitrary detention relating to drug policies at numerous intergovernmental and regional events. In the context of the annual report, the Working Group called on States to balance the response to public health emergencies with their obligations to uphold human rights; to refrain from using anti-disinformation laws to prosecute individuals; and to take all necessary measures to protect and empower environmental human rights defenders. The ability of the Working Group to deliver on its mandate had been adversely affected by the United Nations financial crisis, and its work was not sustainable without the support of Member States. The Working Group called on States to continue supporting the Group’s work and reiterated the call made by the High Commissioner for Human Rights to end arbitrary detention once and for all.
She spoke of the Working Group’s visits to Botswana and Mongolia. Those two countries took the floor as countries concerned, as did the National Human Rights Commission of Mongolia.
In the discussion, some speakers regretted that arbitrary and unlawful detentions without due process were continuously used by governments as a measure of intimidation, repression and punishment, as this violated the right to a fair trial and the obligation of States to ensure due process. There was concern for the trend to prosecute media outlets and journalists for allegedly spreading false or fabricated information, when they actually expressed criticism of the government. The report disclosed that the Working Group had addressed numerous cases of arbitrary deprivation of liberty purportedly imposed to limit the spread of disinformation. States should refrain from using anti-disinformation laws to prosecute individuals for the dissemination of information in the course of their work. The Working Group had also noted a rise in the arbitrary detention of environmental human rights defenders in recent years, and speakers supported the Working Group’s call on States to take all necessary measures to protect and empower environmental human rights defenders to participate in activities related to the protection and promotion of environmental human rights.
The Council then began an interactive dialogue with the Special Rapporteur on contemporary forms of slavery.
Tomoya Obokata, Special Rapporteur on contemporary forms of slavery, highlighting some key figures related to contemporary forms of slavery, said according to the most recent global estimates, 50 million people were subjected to these practices on any given day in 2021, an increase of 10 million people since 2016. The Council’s leadership was now required to step up individual and collective actions against these gross violations of human rights. It was not too late, but the international community must act without further delay. With regard to the thematic report on homelessness as a cause and consequence of contemporary forms of slavery, the Special Rapporteur found that homelessness could significantly increase the risk of these practices. He called on all to consider persons experiencing homelessness, including children and young people in street situations, as rights holders and to treat them without stigma and discrimination.
He spoke about his visits to Costa Rica and Mauritania. These two countries spoke as countries concerned, as well as the National Human Rights Institution of Mauritania.
In the discussion, many speakers said it was important to guarantee the right to all to live free of slavery. This year’s report, analysing homelessness as both a cause and a consequence of contemporary forms of slavery, put the focus on this crucial human right issue. Housing was a human right, and it was at the heart of the social contract between the State and its citizens. Many persons experiencing homelessness were affected by multiple and intersecting forms of discrimination, including on grounds of sex, race, ethnic or social origin, religion or belief, political or any other opinion, disability, age, sexual orientation and gender identity. This affected their access to education, affordable housing, decent work and essential services. Some speakers outlined that was necessary to highlight the role of the Governments, their legislation and their initiatives in the field of housing, to achieve social justice and eradicate all causes leading to homelessness and inequality. Many speakers reaffirmed their unwavering commitment to combatting all forms of contemporary slavery in line with regional and international obligations.
At the beginning of the meeting, the Council concluded an interactive dialogue on the report of the Office of the High Commissioner on promoting and protecting economic, social and cultural rights in the context of addressing inequalities in the recovery from the COVID-19 pandemic, which began on Friday.
In closing remarks, Nada Al-Nashif, United Nations Deputy High Commissioner for Human Rights, said with regard to the roles of the international financial institutions, the Office of the High Commissioner for Human Rights would like a strengthened cooperation around certain concerns, including loan agreements, more encouragement of integration of human rights into environmental strategies, addressing reprisals and remedies, and also engaging in general with other projects that raised human rights concerns. On bridging the gaps in economic, social and cultural rights, countries should step up and implement the International Covenant on Economic, Social and Cultural Rights, adapting it to national priorities, within the context of the rule of law. The pandemic had demonstrated the brutal consequences of years of underinvestment in economic, social and cultural rights, but also the power of transformative change when States did adapt. Economic, social and cultural rights constituted legal obligations which must guide legislative and institutional policies of States.
In the discussion, some speakers said they appreciated the vision of the Office of the High Commissioner for Human Rights which sought to entrench the implementation of economic, social, and cultural rights. This vision would also reinforce civil and political rights. The COVID-19 pandemic had exposed the fragility of the world’s economic, social and environmental systems, unleashing a dire human rights crisis and also stalling progress towards the Sustainable Development Goals. COVID-19 had highlighted the impacts of decades of systematic underfunding of health systems, partly fuelled by austerity, privatisation and structural adjustment programmes, and underpinned by neoliberal ideologies and approaches. It was important to prioritise the reform of the international financial architecture urgently, and to address systemic issues such as fiscal policies, trade and debt, as well as accountability of business enterprises.
Speaking in the discussion on economic, cultural, and social rights were Mauritius, Spain, Mauritania, Sierra Leone, Gambia, Uganda, India, Viet Nam, Iran, Kazakhstan, United Nations Environmental, Scientific and Cultural Organization, Bahamas, Kenya, Ghana, Saudi Arabia and Bolivia.
Also speaking were Commission of the Churches on International Affairs of the World Council of Churches, Action Canada for Population and Development, International Organization for the Right to Education and Freedom of Education, Make Mothers Matter, Human Rights Watch, iuventum e.V., Associazione Comunita Papa Giovanni XXIII, Asociacion HazteOir.org, Geledés - Instituto da Mulher Negra, and India Water Foundation
Speaking in the discussion with the Working Group on Arbitrary Detention were Honduras, Lithuania on behalf of a group of countries, Latvia on behalf of a group of countries, European Union, Luxembourg, Egypt, Costa Rica, France, Belgium, Paraguay, Chile, Iraq, Ireland, United States, China, Armenia, Indonesia, Mexico, Cameroon, Angola, Maldives, Peru, Pakistan, United Kingdom, Tunisia, Morocco, Yemen, Algeria, Cuba, Togo, Venezuela, Ethiopia, Afghanistan, Zambia, India, Azerbaijan, Iran, Organization of Islamic Cooperation, Bahamas and State of Palestine.
Also speaking were Jubilee Campaign, Defence for Children International, Article 19 - International Centre Against Censorship, The Lidskoprávní organizace Práva a svobody obcanučů Turkmenistánu z.s., Freedom Now, Justiça Global, National Human Rights Civic Association “Belarusian Helsinki Committee”, Gulf Centre for Human Rights Limited, British Humanist Association and BADIL Resource Centre for Palestinian Residency and Refugee Rights.
Speaking in the discussion on contemporary slavery were Honduras, European Union, Oman on behalf of the Gulf Cooperation Council, and Ecuador.
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-fourth regular session can be found here.
The Council will reconvene at 3 p.m. this afternoon, to continue the interactive dialogue with the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, followed by an interactive dialogue with the Independent Expert on the promotion of a democratic and equitable international order.
Interactive Dialogue on the Report of the Office of the High Commissioner for Human Rights on Promoting and Protecting Economic, Social and Cultural Rights within the Context of Addressing Inequalities in the Recovery from the COVID-19 Pandemic
The interactive dialogue on the report of the Office of the High Commissioner for Human Rights on promoting and protecting economic, social and cultural rights within the context of addressing inequalities in the recovery from the COVID-19 pandemic started in the previous meeting and a summary can be found here.
Discussion
Some speakers said they appreciated the vision of the Office of the High Commissioner for Human Rights which sought to entrench the implementation of economic, social, and cultural rights. This vision would also reinforce civil and political rights. Many speakers commended the Office for the substantive report, which clearly articulated the Office’s vision towards reinforcing its commitment to promoting and protecting economic, social, and cultural rights in the aftermath of the COVID-19 pandemic. The Office's emphasis on the universality, indivisibility, interdependence, and interrelation of all human rights was appreciated.
The COVID-19 pandemic had exposed the fragility of the world’s economic, social and environmental systems, unleashing a dire human rights crisis and also stalling progress towards the Sustainable Development Goals. Although it seemed to now be a distant memory, the pandemic had invaded all spheres of modern life and changed financial, economic, health, social, political, technological and environmental ecosystems. Therefore, it was more important than ever to have a discussion on the protection of human rights, in the light of any forthcoming pandemic. The pandemic had exposed the vulnerabilities and fractures in global systems, bringing to the forefront the inextricable link between economic, social, cultural rights, and civil and political rights.
Some speakers said that while the pandemic had claimed the lives of people in the developing countries and in the developed world, vaccines were rationed to those in developing countries, as if their lives did not matter. International financial institutions were failing to support economies rooted in human rights. COVID-19 had highlighted the impacts of decades of systematic underfunding of health systems, partly fuelled by austerity, privatisation and structural adjustment programmes, and underpinned by neoliberal ideologies and approaches. It was important to prioritise the reform of the international financial architecture urgently, and to address systemic issues such as fiscal policies, trade and debt, as well as accountability of business enterprises. Some speakers also said the pandemic had accentuated the inherent vulnerabilities of small island developing States, particularly affecting their right to food.
A number of speakers said the promotion of economic, social and cultural rights was fundamental to the achievement of the goals of the 2030 Agenda. Many speakers outlined their own commitments to the right against inequality and inclusive development and to uphold economic, social and cultural rights. These included working comprehensively within the sectors of education, health, water and sanitation, and the fight against poverty; providing interest free loans to support small and medium enterprises; developing policy measures to sustain national recovery strategies; and investing in skills development, among others.
Among other questions, speakers asked the High Commissioner to consider the particular state of small island developing States and how to assist them in achieving economic, social and cultural rights. Considering the report's insights, how did the Office of the High Commissioner plan to enhance collaboration with Member States to effectively implement economic, social, and cultural rights? What immediate steps could the international community take to bridge existing gaps? What could the World Bank and the International Monetary Fund do to ensure their policies better aligned with human rights?
Concluding Remarks
NADA AL-NASHIF, Deputy United Nations High Commissioner for Human Rights, said with regard to the roles of the international financial institutions, the Office of the High Commissioner for Human Rights would like a strengthened cooperation around certain concerns, including loan agreements, more encouragement of integration of human rights into environmental strategies, addressing reprisals and remedies, and also engaging in general with other projects that raised human rights concerns.
On the situation of small island developing States, these specific challenges had a particular bearing on economic, social and cultural rights, and the Office was therefore requesting extra capacity to expand and deepen its work in this context to address human rights issues, leveraging the 2030 Agenda, and hoped the grounding of new human rights priorities in economic, social and cultural rights could provide solutions to resolving the climate change, biodiversity loss, and spiralling debt that was facing small island developing States and low-lying States. On bridging the gaps in economic, social and cultural rights, countries should step up and implement the International Covenant on Economic, Social and Cultural Rights, adapting it to national priorities, within the context of the rule of law. Appropriate national mechanisms needed to be strengthened to ensure the operationalisation of the Covenant.
The Office of the High Commissioner would need to deploy expert capacity to ensure it could discuss across the range the focus areas addressed in the paper: this would require a mix of national and international staff. The Office was determined to ensure that national needs took priority, but it would have to share best practices across the globe to ensure collaboration. All parts of society, including Governments and civil society, would have to be involved. The pandemic had demonstrated the brutal consequences of years of underinvestment in economic, social and cultural rights, but also the power of transformative change when States did adapt. Economic, social and cultural rights constituted legal obligations which must guide legislative and institutional policies of States. The absence of these rights perpetuated patterns of discrimination, and led to grievances which could lead to unrest and eventually to conflict.
This was a critical moment, to decide whether a new, brighter future, based on lessons learned, confidence, and on working together, could be built. The Office remained ready to support in charting this new course to ensure that all could enjoy economic, social and cultural rights and civil and political rights. The Office was committed to enacting this mandate to the best of its ability through greater operational capacity, and context-specific and tailored measures to respond to multiple needs at local, regional, and global levels. Human rights were a problem-solving tool for a more just, sustainable, and equal future for all - this was a quantum leap, and the Office was ready to support it.
Interactive Dialogue with the Working Group on Arbitrary Detention
Reports
The Council has before it the report of the Working Group on Arbitrary Detention (A/HRC/54/51), and the two addenda to the report, on the Working Group’s visits to Botswana (A/HRC/54/51/Add.1) and Mongolia (A/HRC/54/51/Add.2).
Presentation of Reports
PRIYA GOPALAN, Chair-Rapporteur of the Working Group on Arbitrary Detention, said the Working Group had adopted a total of 88 opinions concerning 160 persons in 50 countries under its regular procedure. It had also transmitted 43 urgent appeals to 22 Governments and, in one case, to other actors, and 111 allegation letters and other letters to 61 Governments and, in three cases, to other actors, concerning at least 356 identified individuals. Since last year’s presentation, 23 individuals who were the subject of the opinions of the Working Group were released. The Working Group had received follow-up information in approximately 50 per cent of cases in 2022. Parties were called on to provide comprehensive information on the implementation of the Working Group’s opinions. The Working Group also encouraged States to take all measures possible to prevent reprisals against those who had cooperated with the United Nations. The Working Group continued to explore various thematic issues to assist stakeholders in preventing arbitrary detention, including disseminating findings and recommendations of its study of arbitrary detention relating to drug policies at numerous intergovernmental and regional events. In the context of the annual report, the Working Group called on States to balance the response to public health emergencies with their obligations to uphold human rights; to refrain from using anti-disinformation laws to prosecute individuals; and to take all necessary measures to protect and empower environmental human rights defenders.
The Working Group on Arbitrary Detention had visited Botswana from 4 to 15 July 2022, visiting 19 places of deprivation of liberty in and outside the capital and confidentially interviewing over 100 persons deprived of their liberty. The Working Group commended the progress made by Botswana, including in the ratification of international human rights instruments; the expansion of the mandate of the Office of the Ombudsman; the development of a national human rights strategy and action plan; and the decriminalisation of consensual same-sex relations, among others. However, the Working Group also identified challenges in the criminal justice system, including: the excessive length of pretrial detention; the severity of punishments that Dikgosi (or chiefs) could impose; and the lack of legal assistance in criminal cases, other than those involving capital punishment, among others. The Working Group further noted the lack of an effective diversion system for children in conflict with the law, poor detention conditions in most places of deprivation of liberty, and the bypassing of legal procedures by the Directorate of Intelligence and Security. It also observed challenges relating to detention in the context of health care. The Working Group extended appreciation to the Government of Botswana for the visit, which served as an important example for other countries in the region.
From 3 to 14 October 2022, the Working Group had visited Mongolia. It had carried out both announced and unannounced visits to 21 facilities in Ulaanbaatar and to various facilities in Tüv province. It had been able to confidentially interview around 65 persons deprived of their liberty and had received immediate and unimpeded access to all places it wished to visit. The Working Group identified several notable positive developments: including the 2020 revision of the law on the National Human Rights Commission of Mongolia; the designation of a national preventive mechanism; and the adoption of the law of Mongolia on the legal status of human rights defenders, among others. However, it observed challenges in the criminal justice system, such as shortcomings in the implementation of the revised Criminal Procedure Code and the detention of persons in police custody. The Working Group also expressed concern regarding procedural guarantees and fair trial rights, and was concerned at the lack of specialised courts for youth. The Working Group expressed gratitude to the Government for the visit and for its exemplary cooperation.
Later today, the Working Group would commence its visit to Mexico, which would be concluded on 29 September 2023. It was also preparing to visit the Bahamas, from 27 November to 8 December this year, and had accepted the invitation of the Government of Canada to conduct a visit from 13 to 24 May 2024. While the Working Group responded to as many requests for its action as possible, it continued to face an ongoing backlog of cases. The ability of the Working Group to deliver on its mandate had been adversely affected by the United Nations financial crisis, and its work was not sustainable without the support of Member States. The Working Group called on States to continue supporting the Group’s work and reiterated the call made by the High Commissioner for Human Rights to end arbitrary detention once and for all.
Statements by Countries Concerned
Botswana, speaking as a country concerned, said this was the first official visit of the Working Group to Botswana, and it had enjoyed full and unimpeded access, visiting 18 institutions across the country of various types. Botswana was grateful for the constructive cooperation with the Government and stakeholders across all branches. Botswana had taken positive steps on the issue of the deprivation of liberty: it had appeared before the Human Rights Committee, the Committee against Torture, and the Committee on Racial Discrimination. Most recently, in May 2023, it had participated in the fourth cycle of the Universal Periodic Review.
The right to personal liberty and prohibition of unlawful detention was guaranteed in the Constitution. The right to be presumed innocent until proved guilty, the right to be informed of charges in a reasonable time, the right to be tried in person, the right to examine witnesses, and the right to have legal counsel were all ensured. The laws of Botswana also protected against arbitrary arrest and detention. These rights also operated in customary courts, which formed part of the dual legal system. The customary courts were subject to the Constitution - presiding officers were subject and required to comply with the laws of Botswana and were required to follow criminal legal procedure. Courts took the necessary steps to ensure that confessional statements were only admitted if they had been properly obtained. An accused person had the right to have their case transmitted to the common-law courts. The Government had put measures in place to ensure that the detention facilities complied with the United Nations rules on conditions for detainees. On immigration, asylum-seekers were housed in a centre whilst awaiting a decision on their application.
Mongolia, speaking as a country concerned, said since the Working Group’s visit last October, Mongolia had taken several important steps reflected in many of the recommendations. While the country had displayed tangible achievement on many of the issues, there was room for improvement. Mongolia’s commitment to the promotion and protection of all human rights and freedoms was absolute and unwavering. The country had extended a standing invitation to all thematic Special Procedures and was privileged to have Margaret Satterthwaite, the United Nations Special Rapporteur on the Independence of Judges and Lawyers planning to visit Ulaanbaatar this November.
National Human Rights Commission of Mongolia said for the past 30 years, the Parliament and Government had worked to improve the Criminal Procedure Code and had made significant progress in using arrest, detention and imprisonment as a last resort. It was impossible to undertake an arrest without a judicial warrant in Mongolia. However, due to the statute’s ambiguity and the operational capacity of the criminal justice systems, violations of the right to liberty and security of persons continued to occur. The twenty-second status report submitted to Parliament reflected current human rights violations in Mongolia. Following the submission of the report, the Mongolian Parliament had tasked the Government with taking specific actions to guarantee individuals’ right to liberty and security. The Government had established a working group to draft a statue ready for submission to the legislature. The findings of the Working Group from the visit to Mongolia would significantly contribute to Mongolia’s implementation on the International Covenant on Civil and Political Rights.
Discussion
In the discussion, many speakers said they were committed to strengthening human rights at the global level, with accountability measures and transparency as key pillars to protect from corruption, and ensure the abolishment of arbitrary detention. Speakers regretted that arbitrary and unlawful detentions without due process were continuously used by governments as a measure of intimidation, repression and punishment, as this violated the right to a fair trial and the obligation of States to ensure due process.
Journalists and media workers, civil society representatives, human rights defenders, and pro-democratic movements worked tirelessly to inform the broader public on various subjects. However, some authorities often misused anti-disinformation laws to restrict freedom of opinion and expression, and abused legal systems to prosecute individuals for disseminating information in the course of their work. There was concern for the trend to prosecute media outlets and journalists for allegedly spreading false or fabricated information when they actually expressed criticism of the government. Such policies distorted facts and deprived the public from getting a complete picture of the political situation in the country. The increase in laws used to detain human rights defenders and journalists, particularly during the pandemic, whilst accusing them of purveying fake information, was also of concern.
Some speakers said that the report disclosed that the Working Group had addressed numerous cases of arbitrary deprivation of liberty purportedly imposed to limit the spread of disinformation. Disinformation could, indeed, pose threats for human rights and democratic institutions, as pointed out by the Working Group. However, States should refrain from using anti-disinformation laws to prosecute individuals for the dissemination of information in the course of their work. Moreover, speakers condemned the criminalisation of the work of environmental human rights defenders, including women and indigenous peoples, in a range of countries, agreeing with the Working Group’s recommendations in this regard and calling on States to take all necessary measures to protect and empower environmental human rights defenders. Some speakers expressed concern over the misuse of freedom of speech on the Internet, which could foster hate speech and discrimination.
Regrettably, the Working Group had also noted a rise in the arbitrary detention of environmental human rights defenders in recent years, and speakers supported the Working Group’s call on States to take all necessary measures to protect and empower environmental human rights defenders to participate in activities related to the protection and promotion of environmental human rights. Some speakers said arbitrary detention was being used to shrink civic space in far too many areas of the globe. There should be a strengthening of cooperation between States and the Working Group, in particular with regard to responses to communications. The ban on arbitrary detention was absolute and universal: no situation, even a public health situation, could justify this practice.
Some speakers said the detention of migrants in some countries was also of concern, and a speaker urged such countries that detained migrants to live up to their commitments and to fully respect the human rights of migrants.
A number of speakers were concerned that some Special Procedures continued to be used to target certain countries for political ends, and called upon the United Nations to examine carefully the validity of any complaints before notifying the State concerned, calling upon the Special Procedures to refrain from negative opinions unless they were backed up by facts. All mandate holders should respect the sovereignty of countries, and uphold constructive dialogue and cooperation with States, a speaker said. The Working Group should work objectively and professionally in line with the Code of Conduct, which was an obligation for all Special Procedures that must not adopt opinions on cases in a pre-conceived manner, and must take the communications of States into account. Some speakers rejected the use of Special Procedures for purposes that were alien to human rights and counter to the principles of the United Nations Charter.
Among questions raised were: what further steps should be taken in the implementation of the Human Rights Council resolution 40/11 to uphold human rights and fundamental freedoms for all without distinction, in particular human rights defenders; what measures should States take to protect environmental defenders within communities and what recommendations could the Working Group make to combat this growing phenomenon; were there ways in which the Working Group could enhance its cooperation with non-governmental organizations to further mitigate arbitrary detention practices; what best practices and lessons from Botswana and Mongolia could other countries adopt; and what strategies had States found helpful in addressing the proliferation of hate speech and other forms of discrimination whilst taking into account due process?
Intermediary Remarks
PRIYA GOPALAN, Chair-Rapporteur of the Working Group on Arbitrary Detention, in intermediary remarks, said there had been an enactment in recent years of laws prohibiting false news. The Working Group reiterated that the unknowing dissemination of false information should never be grounds for detention. Anti-misinformation laws should not be used to prosecute journalists, activists and human rights defenders for simply undertaking their work. The Council had expressed grave concern about the situation of environmental human rights defenders. The Working Group had observed that human rights defenders had been targeted by authorities, and often on discriminatory grounds. Indigenous human rights defenders typically experienced higher rates of criminalisation. States needed to take all steps to empower environmental human rights defenders to undertake their work and to do so safely.
The Working Group reiterated that the principles of independence and impartiality were fundamental tenants within its mandate. It was comprised of five independent experts representing the five regions of the world, and it received submissions from all five regions. Once concerns were put forward to a Government, they had 60 days to respond. Following this step, the Working Group would then carefully examine the file and members would reach an opinion on whether the measures of detention were considered arbitrary. The Working Group urged States to respond to communications sent in a substantive and detailed manner. Such responses were an integral aspect of the dialogue between the Working Group and States. A gender perspective was integrated into the work of the Working Group.
Discussion
A number of speakers said arbitrary detention violated a number of rights, including the rights to life, liberty, and the right to a speedy trial. Arbitrary detention could also be described as administrative detention: it was a practice that was used against innocent people and inhabitants of some regions. Over the years, thousands of persons ended up in detention for periods of several months to several years, without them actually being accused of a crime or having access to a lawyer, a clear infringement of their most basic rights. The inhumane and unfair conditions of detention further affected these rights. Detention of any person must be conducted with due process of law, and the rights of individuals to challenge their detention must be upheld. Human rights must be protected and promoted, even in situations of pandemic.
Some speakers were concerned that in some countries, political workers, journalists, lawyers, human rights defenders, and persons accused of blasphemy had been arbitrarily arrested and detained on the pretext of national security, criticism of State institutions, and religion-based discrimination. They expressed dismay over fabricated blasphemy accusations, pre-trial detentions, unfair prosecution, continuous threats, and deliberate incitement to violence against minorities, which had created a social apartheid for minorities, leaving them intimidated.
Public health emergencies, such as the COVID-19 pandemic, should never be used to justify the denial of fair trial rights, and Governments should prioritise the use of non-custodial measures at all stages of criminal proceedings, in the context of the pandemic, a speaker said, especially when considering children in contact with the justice system and children deprived of their liberty. Some speakers said Member States should establish dedicated child justice systems, including specifically trained police, prosecutors, judges, and social workers. They should establish effective referral pathways between the police, the justice sector and child protection services, as well as work on prevention, and identifying and addressing root causes for risks that potentially led to children getting in conflict with the law.
Falsity of information in itself was never a legitimate basis for restricting the right to freedom of expression, some speakers said. The use of censorship and other coercive measures to tackle disinformation only contributed to the problem by denying the free flow of information and fostering mistrust. States should abolish legislation criminalising the spread of disinformation, and immediately release those detained under such laws.
There were some inaccurate claims in the report, some speakers said, pointing out that this undermined the credibility and standing of the Working Group, and saying that some States’ communications had also been ignored in this regard.
Among questions raised were: how to ensure the rights of protestors; and what measures could be taken by the United Nations and by Special Procedures to ensure that States respected the human rights of detainees.
Concluding Remarks
PRIYA GOPALAN, Chair-Rapporteur of the Working Group on Arbitrary Detention, thanked all parties for their interventions. Regarding arbitrary detention and the COVID-19 pandemic, the Working Group cautioned against the use of health emergencies to implement far reaching anti-disinformation legislation to curtail freedom of opinion or expression. Despite the challenges posed by the pandemic, Governments needed to balance responding to disease with their obligations to uphold human rights. The Working Group recalled its deliberation number 11 which set out guidance on the prevention of arbitrary prevention of liberty in the context of public health emergencies. Ms. Gopalan highlighted the commitment of the Working Group to implement its mandate. This was emphasised by conducting country visits, issuing recommendations, facilitating numerous intergovernmental and regional events, and exploring thematic issues preventing arbitrary detention, among other measures. States were encouraged to implement recommendations on arbitrary detention at a national level by allocating appropriate resources and creating participative spaces for civil society. All States were called on to accept invitations to conduct official country visits. The work undertaken by the Working Group was not sustainable without the support of Member States. States needed to fully fund the work of all Special Procedure mandate holders, to enable them to fully exercise their mandates.
Interactive Dialogue with the Special Rapporteur on Contemporary Forms of Slavery, Including its Causes and Consequences
Reports
Before the Council is the report of the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, on homelessness as a cause and consequence of contemporary forms of slavery (A/HRC/54/30), and the two addenda, on the Special Rapporteur’s visits to Costa Rica (A/HRC/54/30/Add.1) and Mauritania (A/HRC/54/30/Add.2).
Presentation of Reports
TOMOYA OBOKATA, Special Rapporteur on contemporary forms of slavery, including its causes and consequences, highlighting some key figures related to contemporary forms of slavery, said according to the most recent global estimates, 50 million people were subjected to these practices on any given day in 2021, an increase of 10 million people since 2016. The Council’s leadership was now required to step up individual and collective actions against these gross violations of human rights. It was not too late, but the international community must act without further delay.
Mauritania had made important progress in ending contemporary forms of slavery in the recent past. The Special Rapporteur was encouraged to witness that the culture of denial of these practices seemed to be changing gradually. Mauritania had also made a number of important changes to strengthen the criminal justice framework. Despite these achievements, descent-based slavery and other slavery-like practices persisted in Mauritania, and the Haratines, as well as other ethnic groups, were affected. He urged the Government of Mauritania to take all necessary measures to eliminate traditional and contemporary forms of slavery in the country, including by ensuring that the existing laws were implemented more effectively and by adopting bolder measures to end the deep-rooted societal acceptance of slavery, as well as prejudice and discrimination towards former slaves.
Costa Rica had various legal frameworks applicable to contemporary forms of slavery and had made significant progress to address their breaches and strengthen the protection of victims and workers’ rights. While acknowledging these promising developments, the Special Rapporteur was concerned about the existence of contemporary forms of slavery in Costa Rica. He had received reports of instances of forced labour not only in coffee, pineapple, banana and other plantations, but also in construction, services and domestic work. He called on Costa Rica to ensure the protection of all workers, including migrant and indigenous workers and those of African descent, from labour and/or sexual exploitation.
With regard to the thematic report on homelessness as a cause and consequence of contemporary forms of slavery, the Special Rapporteur found that homelessness could significantly increase the risk of these practices. Persons experiencing homelessness, including children and young people in street situations, were recruited and exploited in a variety of economic sectors, not only by criminal actors, but also by family members, friends and employers. Many also experienced sexual exploitation. The Special Rapporteur was concerned about persistent intersecting forms of discrimination which had led to practical difficulties in this regard, particularly for women, children and young people, minorities, indigenous peoples, displaced persons, lesbian, gay, bisexual, transgender, queer and intersex plus individuals, and persons with disabilities. He called on all to consider persons experiencing homelessness, including children and young people in street situations, as rights holders and to treat them without stigma and discrimination.
Statements by Countries Concerned
Costa Rica, speaking as a country concerned, was grateful to the Special Rapporteur for the report. Costa Rica was deeply committed to combatting contemporary forms of slavery. Costa Rica had developed a legal framework to tackle this issue and had committed to implementing international obligations through the creation of specialised bodies and through plans designed in collaboration with the United Nations and competent authorities. Costa Rica had suffered from the impacts of COVID-19 and had been aware that the pandemic could trigger contemporary forms of slavery; all had been done to prevent this from happening.
Costa Rica regretted that the Special Rapporteur’s report did not reflect the Costa Rican reality. Costa Rica would request a meeting with the Special Rapporteur to exchange views on the assertions in the report. Costa Rica was the country in the region with the lowest employment rate of minors as its efforts to eradicate child labour had had concrete results. Costa Rica had established a roadmap for 2025 which sought to eradicate child labour for good. The Government had worked to create a legal body to provide more equal value between men and women, including for women who worked at home. Costa Rica had invested resources to provide services to internally displaced persons and migrants. The country was determined to integrate all migrants and refugees into the formal sector and would continue to work with the private sector to make this a reality. Costa Rica reiterated its commitment to elaborating all forms of contemporary slavery.
Mauritania, speaking as a country concerned, said the comments made by the Special Rapporteur describing the visit to the country were appreciated. Mauritania commended the professionalism of the Special Rapporteur and the way in which he interacted with authorities during the visit. Mauritania endorsed most of the recommendations made as the Special Rapporteur was able to see for himself what the country was seeking to do in combatting contemporary forms of slavery, pursuing policies to combat this scourge, and seeking to change mindsets and current practices. Considerable progress had been made in this area, in particular through the national action plan to combat trafficking; the strengthening of the judicial system, bringing it into line with international standards; and legislative measures criminalising slavery and human trafficking.
Other measures included campaigns to raise awareness of the legislation and its enforcement, and the fight against impunity. The Government worked with civil society to seek to assist victims of slavery and human trafficking. By taking all of these approaches, Mauritania was seeking to make it easier to apply appropriate judicial procedures and track cases. There had been successful prosecutions for the crimes of slavery, and a national body had been established specifically to investigate cases of trafficking. A national mechanism was being created to identify and aid victims. Mauritania was trying to be a ground breaker in the region, to see what could be done and to combat this scourge, and it stood ready to cooperate with the Council.
National Human Rights Institution of Mauritania said Mauritania had been described in the report as exemplary in its region. However, despite all the efforts undertaken, it must be recognised that yes, there had been progress, but it was due to the tireless efforts of all of those involved in this issue in Mauritania. Civil society had worked tirelessly with all the bodies involved in combatting slavery, including the courts. There was still a long way to go if the country was to achieve its ultimate goal of eradicating poverty, particularly in land-locked and rural areas, and eradicating slavery, which prevented people from gaining access to services such as education and electricity. The situation had to be improved to allow everyone an equal opportunity of gaining work. The authorities were to be congratulated for their work to date, and there had been much support provided by the international community to the authorities. The door must be closed to those who indulged in hate speech and were not committed to improving the situation.
Discussion
In the discussion, some speakers thanked the Special Rapporteur and reiterated strong support for the mandate. It was important to guarantee the right to all to live free of slavery. This year’s report, analysing homelessness as both a cause and a consequence of contemporary forms of slavery, put the focus on this crucial human right issue. Speakers appreciated the report’s emphasis on adopting a rights-based approach and the need for inclusiveness, especially to protect vulnerable groups.
Housing was a human right, and it was at the heart of the social contract between the State and its citizens. Many persons experiencing homelessness were affected by multiple and intersecting forms of discrimination, including on grounds of sex, race, ethnic or social origin, religion or belief, political or any other opinion, disability, age, sexual orientation and gender identity. This affected their access to education, affordable housing, decent work and essential services. In past years, stable and secure housing had become out of reach for many young persons and others with low or unstable income. Speakers outlined that it was necessary to highlight the role of Governments, their legislation and their initiatives in the field of housing, to achieve social justice and eradicate all causes leading to homelessness and inequality.
Many speakers reaffirmed their unwavering commitment to combatting contemporary forms of slavery in line with regional and international obligations. They said the lack of comprehensive data was an important obstacle to monitor and address homelessness. Could best practices in this regard be shared so as to address this global challenge in a universal manner? What could be done to eliminate the problem of homelessness?
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HRC23.114E