HUMAN RIGHTS COUNCIL ADOPTS 36 RESOLUTIONS AND EXTENDS MANDATES OF 13 SPECIAL PROCEDURES AT SEVENTH REGULAR SESSION

The Human Rights Council at its seventh regular session adopted 36 resolutions on a wide range of issues, extended the mandates of 13 Special Procedures and established the mandate of an Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation. It also elected the members of its Advisory Committee.

At its concluding meeting on 1 April, the Council adopted its reports on the seventh session to the General Assembly.

During the session, the Council continued the review, rationalization and improvement of mandates of its Special Procedures. Following the reviews, it decided to extend for three years the mandates of its Independent Experts and Special Rapporteurs on the effects of foreign debt on the full enjoyment of all human rights; on human rights and international solidarity; on minority issues; on human rights defenders; on the sale of children, child prostitution and child pornography; on violence against women; on the right
to freedom of opinion and expression; and on contemporary forms of racism; as well as the Working Group on enforced and involuntary disappearances, and the Working Group on the use of mercenaries as a means of violating human rights. It also decided to extend for one year the mandates of the Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea; of the Special Rapporteur on the situation of human rights in Myanmar; and of the Independent Expert on the situation of human rights in Somalia. The Council did not renew the mandate of the Independent Expert on the situation of human rights in the Democratic Republic of the Congo. It established the mandate of an Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation.

The Council elected the members of its 18-member Advisory Committee, which will meet for the first time this summer, from 4 to 15 August 2008. The Advisory Committee replaces the former Sub-Commission on the Promotion and Protection of Human Rights. Functioning as a think-thank, the Committee will provide the Council with expertise and advice and conduct substantive research and studies on thematic issues of interest, at the Council’s request. For a list of the experts elected, and their respective term limits, please see the relevant press release (HRC/08/40) of 26 March 2008 (available on the web at www.unog.ch).

The Council also approved candidates for its Special Procedures on the right to adequate housing, the right to food, human rights of indigenous people, sale of children, effects of economic reform policies, human rights in Myanmar, human rights in the Palestinian territories, human rights and extreme poverty, contemporary forms of slavery, arbitrary detention, enforced disappearances, people of African descent, human rights in Somalia and human rights defenders.

The Council adopted texts on a global call to concrete action against racism; on the freedom of opinion and expression; on the International Convention for the Protection of All Persons from Enforced Disappearance; on the effects of climate change on the enjoyment of human rights; on the role of good governance in the promotion and protection of human rights; on the enhancement of international cooperation in the field of human rights; on the human rights situation in Palestine and other occupied Palestinian territories; on the protection of human rights and fundamental freedoms while countering terrorism; on human rights of persons with disabilities, on human rights and arbitrary deprivation of nationality; on the right to food; on prevention of genocide; on human rights and extreme poverty, on missing persons; on the rights of the child; on combating defamation of religions; and on the composition of the staff of the Office of the United Nations High Commissioner for Human Rights.

At the beginning of the session, after a high-level segment, in which 67 high-level dignitaries participated, the Council heard reports presented by mandate holders on toxic waste, arbitrary detention, mercenaries, enforced disappearances, sale of children, torture, the right to health, the right to food, freedom of opinion, human rights defenders, violence against women, the effect of economic reform on human rights, the right to adequate housing, and minority issues. It also heard reports from country mandates for the Democratic People's Republic of Korea, Myanmar and Sudan.

The Council also heard from the Adviser of the Secretary-General on the prevention of genocide and, in the context of follow-up to the Durban Declaration and Programme of Action, from the Intergovernmental Working Group for their implementation, the Independent Expert on the human rights situation in the Democratic Republic of the Congo, the Working Group on people of African descent, and the Ad Hoc Committee on the elaboration of complementary standards (for the International Convention on the Elimination of All Forms of Racial Discrimination). It also held dialogues with the mandates on Cambodia, Liberia, Somalia, as well as the Board of Trustees of the Voluntary Fund for Technical Cooperation in the Field of Human Rights, in the context of a debate on technical assistance and capacity-building.

The Council held a number of general debates, including on the human rights situation in Palestine and other occupied Palestinian territories; on the promotion of all human rights, civil, political, economic, social and cultural rights, including the right to development; on racism, in the context of follow-up to the Durban Conference and complementary standards; and on follow-up and implementation of the Vienna Declaration and Programme of Action.

During this session, the Council heard a presentation by the High Commissioner for Human Rights, Louise Arbour, of the annual report on the activities of her Office, in which she announced that she would not seek a second term when her mandate expired at the end of June 2008. Achievements of her Office on the ground were highlighted, including the renewal of agreements for OHCHR offices in Nepal, Colombia and Mexico and the reaching of an agreement with Senegal for the establishment of a Regional Office for West Africa. Concerns about the human rights situations in West Darfur, Kenya, Sri Lanka, and Nepal were also expressed. Also discussed in the interactive debate with the High Commissioner were efforts undertaken and planned to achieve equitable geographic distribution in the staff of OHCHR.

The Council also held two interactive panels with experts on voluntary human rights goals, in follow-up to the Council’s special sessions, and a panel on intercultural dialogue on human rights.

United Nations Secretary-General Ban Ki-moon opened the session, stressing, in his address to the Council, that to make human rights a reality for all, clear commitments and clear accountability for those commitments were needed. The Universal Periodic Review, which the Council was about to embark on, was conceived to prompt, support, and expand the promotion and protection of human rights on the ground. He stressed that no country, however powerful, should escape scrutiny of its record, commitments and actions on human rights.

The eighth session of the Council is scheduled to be held from 2 to 13 June 2008, but at the concluding meeting, the President said the Bureau would meet to discuss the possibility of adding a third week to the session.

Resolutions and Decisions Adopted by the Council

Resolutions on Annual Report of High Commissioner for Human Rights and Reports by OHCHR and the Secretary-General

In a resolution on the composition of the staff of the Office of the United Nations High Commissioner for Human Rights, the Council requested future High Commissioners to continue enhancing the ongoing efforts in the fulfilment of the goal of a geographical balance in the composition of the staff of the Office and requested the High Commissioner to submit an updated report to the Council in 2009, with a special focus on further measures taken to correct the imbalance.

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

In a resolution on enhancement of international cooperation in the field of human rights, the Council requested the United Nations High Commissioner for Human Rights to consult States and intergovernmental and non-governmental organizations on ways and means to enhance international cooperation and dialogue in the United Nations human rights machinery and to present a report to the Council in 2009.

In a resolution on the mandate of the Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights, the Council decided to redefine the mandate of the special thematic procedure and rename it so as to allow the mandate-holder to pay particular attention to, inter alia, the effects of foreign debt and the policies adopted to address them on the full enjoyment of all human rights, in particular, economic, social and cultural rights in developing countries, and decided that the mandate of the Independent Expert would be extended for a period of three years.

In a resolution on the mandate of the Independent Expert on human rights and international solidarity, the Council decided to extend the mandate of the Independent Expert on human rights and international solidarity for a period of three years.

In a resolution on the mandate of the Independent Expert on minority issues, the Council decided to extend the mandate of the Independent Expert on minority issues for a period of three years and requested the Independent Expert, inter alia, to identify best practices and possibilities for technical cooperation with the Office of the United Nations High Commissioner for Human Rights; to apply a gender perspective in his/her work; and to guide the work of the Forum on Minority Issues.

In a resolution on the protection of human rights and fundamental freedoms while countering terrorism, the Council called upon States not to resort to profiling based on stereotypes founded on grounds of discrimination prohibited by international law; and urged States, while countering terrorism, to fully comply with their obligations in respect of torture and other cruel, inhuman or degrading treatment or punishment, in particular the absolute prohibition of torture.

In a resolution on the mandate of the Special Rapporteur on the situation of human rights defenders, the Council decided to extend the Special Procedure for a period of three years, and requested the Special Rapporteur, among others, to seek, receive, examine and respond to information on the situation and the rights of anyone acting individually or in association with others to promote and protect human rights and fundamental freedoms.

In a resolution on human rights of persons with disabilities, the Council decided to hold an annual interactive debate on the rights of persons with disabilities and that the first such debate should be held at its tenth session, focusing on key legal measures for ratification and effective implementation of the Convention on the Rights of Persons with Disabilities, and requested the Office of the High Commissioner for Human Rights to prepare a thematic study to enhance awareness and understanding of the Convention.

In a resolution on human rights and arbitrary deprivation of nationality, the Council called upon all States to refrain from taking discriminatory measures and from enacting or maintaining legislation that would arbitrarily deprive persons of their nationality on grounds of race, colour, gender, religion, political opinion or national or ethnic origin, especially if such measures and legislation render a person stateless.

In a resolution on the role of good governance in the promotion and protection of human rights, the Council requested the Office of the United Nations High Commissioner for Human Rights to prepare a publication on anti-corruption, good governance and human rights, drawing on the results of the Conference on Anti-Corruption, Good Governance and Human Rights, held in Warsaw in 2006.
In a resolution on enforced or involuntary disappearances, the Council decided to extend the mandate of the Working Group on enforced or involuntary disappearances for a further period of three years, and encouraged it, inter alia, to promote communication between families of disappeared persons and the Governments concerned.

In a resolution on the mandate of the Special Rapporteur on the sale of children, child prostitution and child pornography, the Council decided to extend the mandate of the Special Rapporteur for a period of three years to identify and make concrete recommendations on preventing and combating new patterns of sale of children, child prostitution and child pornography.

In a resolution on the right to food, the Council requested the Advisory Committee to consider potential recommendations for approval by the Council on possible further measures to enhance the realization of the right to food, and decided to convene a panel discussion on the realization of the right to food in the period of its main session of 2009.

In a resolution on the mandate of the working group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination, the Council decided to extend the mandate of the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination for a period of three years.

In a resolution on human rights and access to safe drinking water and sanitation, the Council decided to appoint, for a period of three years, an Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation, among whose tasks would be to undertake a study on the further clarification of the content of human rights obligations in relation to access to safe drinking water and sanitation and to submit a report to the Council at its tenth session.

In a resolution on human rights and climate change, the Council requested the Office of the High Commissioner for Human Rights to conduct a detailed study of the relationship between climate change and human rights, to be submitted to the Council prior to its tenth session, and thereafter to make the study, together with a summary of the debate at its tenth session, available to the Conference of Parties to the Framework Convention on Climate Change.

In a resolution on the elimination of violence against women, the Council strongly condemned all acts of violence against women and girls, called for the elimination of all forms of gender-based violence, and decided to extend the mandate of the Special Rapporteur on violence against women, its causes and consequences, for a period of three years.

In a resolution on prevention of genocide, the Council called upon all States to cooperate, including through the United Nations system, in strengthening appropriate collaboration among existing mechanisms that contribute to early detection and prevention of massive, serious and systematic violations of human rights, which if not halted, could lead to genocide.

In a resolution on the International Convention for the Protection of All Persons from Enforced Disappearance, the Council encouraged States that had not done so to consider signing, ratifying or acceding to the International Convention for the Protection of All Persons from Enforced Disappearance and invited States to consider joining the campaign to share information on best practices in that area.

In a resolution on human rights and extreme poverty, the Council noted with satisfaction the report of the High Commissioner for Human Rights on the draft guiding principles on extreme poverty and human rights and invited her Office to further consult relevant stakeholders, and thereafter to submit a report to the Council, no later than its last session of 2009.

In a resolution on missing persons, the Council called upon States parties to an armed conflict to take all necessary measures to determine the identity and fate of persons reported missing in connection with the armed conflict and to provide their family members with all relevant information they had on their fate, and decided to hold a panel discussion on the question at its ninth session.

In a resolution on the rights of the child, the Council called on States to take action in a number of areas, including implementation of the Convention on the Rights of the Child; mainstreaming of the rights of the child; protecting and promoting the rights of the child and non-discrimination against children, including children in difficult situations, and with regard to follow-up.

In a resolution on the mandate of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, the Council decided to extend for a further three years the mandate of the Special Rapporteur among whose tasks will be to gather all relevant information relating to violations of the right to freedom of opinion and expression, discrimination against, threats or use of violence, harassment, persecution or intimidation directed at persons seeking to exercise or to promote the exercise of the right to freedom of opinion and expression, including, as a matter of high priority, against journalists or other professionals in the field of information.

Resolutions on Human Rights Situations that Require the Council’s Attention

In a resolution on the situation of human rights in the Democratic People’s Republic of Korea, the Council decided to extend the mandate of the Special Rapporteur on the situation of human rights in the Democratic People's Republic of Korea for a period of one year and urged the Government of the Democratic People’s Republic of Korea to cooperate fully with the Special Rapporteur.

In a resolution on the situation of human rights in Sudan, the Council urged the Government of Sudan to continue cooperating fully with the Special Rapporteur and to respond favourably to her requests to visit all parts of the Sudan and to provide her with all necessary information so as to enable her to fulfil her mandate even more effectively and urged the Government to continue and intensify its efforts to implement the recommendations identified by the Group of Experts.

In a resolution on the situation of human rights in Myanmar, the Council strongly called upon the Myanmar authorities to engage urgently in a reinvigorated national dialogue with all parties with a view to achieving genuine national reconciliation, and to take urgent measures to put an end to violations of human rights and humanitarian law, including forced displacement and arbitrary detention, and to immediately release all political prisoners without any delay.

In a resolution on the mandate of the Special Rapporteur on the situation of human rights in Myanmar, the Council decided to extend for one year the mandate of the Special Rapporteur on the situation of human rights in Myanmar, and urged the Government to cooperate fully with him and to respond favourably to his requests to visit the country.

Resolutions on the Human Rights Situation in Palestine and Other Occupied Arab Territories

In a resolution on human rights violations emanating from Israeli military attacks and incursions in the Occupied Palestinian Territory, particularly the recent ones in the occupied Gaza Strip, the Council condemned the persistent Israeli military attacks and incursions in the Occupied Palestinian territory; and expressed its shock at the Israeli bombardment of Palestinian homes and the killing of civilians therein and at the Israeli policy of inflicting collective punishment against the civilian population.

In a resolution on the right of the Palestinian people to self-determination, the Council stressed the need for respect for and preservation of the territorial unity, contiguity and integrity of all of the Occupied Palestinian Territory and urged all Member States and relevant bodies of the United Nations system to support and assist the Palestinian people in the early realization of their right to self-determination.

In a resolution on Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan, the Council urged Israel to reverse the settlement policy in the occupied territories and to stop immediately the expansion of the existing settlements, including “natural growth” and related activities; and to prevent any new installation of settlers in the occupied territories.

In a resolution on human rights in the occupied Syrian Golan, the Council called upon Israel, the occupying Power, called upon Israel to desist from imposing Israeli citizenship and Israeli identity cards on the Syrian citizens in the occupied Syrian Golan and to desist from its repressive measures against them; and called upon Israel to release immediately the Syrian detainees in Israeli prisons.

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

In a resolution on combating defamation of religions, the Council expressed deep concern at attempts to identify Islam with terrorism, violence and human rights violations; invited the Special Rapporteur on racism to report in particular on the serious implications of Islamophobia to the Council at its ninth session; and requested the High Commissioner for Human Rights to submit a study compiling relevant existing legislations and jurisprudence concerning defamation of and contempt for religions to the Council at its ninth session.

In a resolution entitled from rhetoric to reality: a global call for concrete action against racism, racial discrimination, xenophobia and related intolerance, the Council welcomed the historic apology by the Australia for the past laws and policies that inflicted profound suffering on its indigenous peoples and urged Governments that had not done so to issue formal apologies to victims of past and historic injustices.

In a resolution on the mandate of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, the Council decided to extend the mandate of the Special Rapporteur for a period of three years to request, receive and exchange information and communications on all issues and alleged violations falling within the purview of the mandate, and to investigate and make concrete recommendations.

Resolution on Technical Assistance and Capacity-Building

In a resolution on technical cooperation and advisory services in the Democratic Republic of the Congo, the Council invited the Government of the Democratic Republic of the Congo to inform and update the Council, at its future sessions, on the human rights situation on the ground and also invited the High Commissioner for Human Rights to report to the Council at its session in March 2009 on the human rights situation in the Democratic Republic of the Congo, and the activities OHCHR has undertaken in the country.

In a resolution on assistance to Somalia in the field of human rights, the Council decided to renew the mandate of the Independent Expert on the situation of human rights in Somalia for a period of one year, with a view to maximizing the provision and the flow of technical assistance to Somalia in the field of human rights.