HUMAN RIGHTS COUNCIL CONCLUDES FIFTEENTH SESSION

The Human Rights Council closed its fifteenth regular session this afternoon after adopting 34 texts which included establishing the mandates of a Special Rapporteur on the rights to freedom of peaceful assembly and of association, a Working Group on the issue of discrimination against women in law and practise, and a Working Group to elaborate a legally binding instrument on the regulation of the activities of private military and security companies on the enjoyment of human rights. The Council also extended the mandates of the Working Group on arbitrary detention; the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health; the Special Rapporteur on the situation of human rights in Cambodia; the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living; the Special Rapporteur on the rights of indigenous peoples; the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism; the Working Group on the use of mercenaries; the mission of the Independent Expert on the situation of human rights in Haiti; the Committee of Independent Experts on the Gaza conflict; the Special Rapporteur on contemporary forms of slavery; the Independent Expert on the situation of human rights in the Sudan; and the Independent Expert on the situation of human rights in Somalia.

The Council adopted texts on follow-up to the report of the Independent International Fact-Finding Mission on the flotilla attack; religious intolerance; draft guiding principles on extreme poverty and human rights; human rights and international solidarity; water and sanitation; leprosy; human rights education; migrants and maternal mortality and morbidity; indigenous peoples; the Second Phase of the World Programme for Human Rights Education; independence and impartiality of the judiciary, jurors and assessors and the independence of lawyers; the right to education; forensic genetics and human rights; human rights and issues related to terrorist hostage-taking; human rights and unilateral coercive measures, the right to development, racism and racial discrimination, Ecuador, the Strategic Framework of Programme 19 (Human Rights), and religious intolerance.

The Council endorsed the nomination of two Special Procedure mandate holders, namely Chaloka Beyani as Special Rapporteur on the human rights of internally displaced persons, and Juan Ernesto Mendez as Special Rapporteur on torture and other cruel, inhuman, or degrading treatment or punishment. Laura Dupuy, Permanent Representative of Uruguay, was appointed as Chairperson-Rapporteur of the Social Forum - 2010, and Gita Sen was appointed as the Chairperson for the third session of the Forum on Minority Issues.

A Declaration on the situation in Ecuador was also read by the President, with the agreement of the Member States of the Council, as was a statement reaffirming the full support of the Council to the mandate of the High Commissioner for Human Rights as contained in General Assembly resolution 48/141. A statement on religious intolerance was also read out by the President.

The Council also adopted its report ad referendum.

At this session, the Council heard a number of high profile reports and held interactive dialogues with the Special Procedures presenting them, including the Special Representative of the Secretary-General on children and armed conflict following the presentation of her report. It also held interactive debates with the Special Rapporteur on contemporary forms of slavery, its causes and consequences, the Chair of the Working Group on mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination, the Independent Expert on human rights and international solidarity, the Special Rapporteur on the adverse effects of the movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights, the Special Rapporteur on the human rights and fundamental freedoms of indigenous peoples, the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, and the Chairperson of the Working Group of Experts on People of African Descent.

The Council heard an update by United Nations High Commissioner for Human Rights Navi Pillay on the activities of her Office, following which it held a general debate on that issue. An interactive dialogue was also held with the High Commissioner on her annual report.

The Council held interactive dialogues with the Independent Expert on the situation of human rights in Sudan, Special Rapporteur on the situation of human rights in Cambodia, and the Independent Expert on the situation of human rights in Somalia. It also held a stand-alone interactive dialogue on assistance to Somalia in the field of human rights, which was then followed by an interactive dialogue with the Independent Expert on the situation of human rights in Somalia.

During the session the Council considered the report of the Committee of Experts established in the context of follow-up to the report of the Independent International Fact-Finding Mission on the Gaza Conflict, and held an interactive dialogue on that report. It also heard a presentation of the reports of the Secretary-General and of the Office of the High Commissioner for Human Rights on the progress made in the implementation of the recommendations of the Fact-Finding Mission on the Gaza conflict by all concerned parties, and on the implementation of the Council resolution mandating the above report. The United Nations Fact-Finding Mission to investigate violations of international law, including international humanitarian and human rights law, resulting from the Israeli attacks on the flotilla of ships carrying humanitarian assistance also presented its report, and an interactive dialogue was held with the Mission.

The Council heard statements by the Chairperson of the Open-Ended Working Group on an Optional Protocol to the Convention on the Rights of the Child. It heard reports from the Director of the Human Rights Council and Special Procedures Division of the Office of the High Commissioner for Human Rights, who presented a series of thematic reports by the Secretary-General and the High Commissioner for Human Rights and her Office, the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples, reports by the Secretary-General and the High Commissioner for Human Rights and her Office on indigenous issues, as well as reports of the Expert Mechanism on the Rights of Indigenous People.

During the session, the Council held a number of general debates, including on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, and thematic reports presented by the Secretary-General and the High Commissioner for Human Rights and her Office, on human rights situations that require the Council’s attention, on human rights bodies and mechanisms, on follow-up to the Vienna Declaration and Programme of Action, on the human rights situation in Palestine and other occupied Arab territories, on racism, racial discrimination, xenophobia and related forms of intolerance and follow-up and implementation of the Durban Declaration and Programme of Action, and on technical assistance and capacity building, during which latter the situations in Cambodia, Burundi and Haiti were discussed.

The Council adopted the outcome of the reports on the Universal Periodic Review on Kyrgyzstan, Guinea, Lao People's Democratic Republic, Spain, Lesotho, Kenya, Armenia, Sweden, Grenada, Turkey, Guyana, Kuwait, Belarus, Kiribati and Guinea-Bissau. It held a general debate on the topic of the Universal Periodic Review.

The Council also held a number of panel discussions, including on the elimination of discrimination against women, and on the situation of human rights in Somalia. On 24 September, the Council held its annual discussion on the integration of a gender perspective in its work, in the context of a panel discussion.

The fifteenth session, which was presided over by Ambassador Sihasak Phuangketkeow of Thailand, was held from 13 September to 1 October 2010.

The sixteenth regular session of the Council will be held from 28 February to 25 March 2011.
Resolutions Adopted by the Council

Organisational and procedural matters

On follow-up to the report of the Independent International Fact-Finding Mission, which was dispatched to investigate violations of human rights law and international humanitarian law resulting from the Israeli attacks on the flotilla of ships carrying humanitarian assistance, the Council endorses the conclusions contained in the report of the Mission, and calls upon all concerned parties to ensure their immediate implementation. The Council also recommends that the General Assembly consider the report of the Mission.

Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General

On the elimination of discrimination against women, the Council calls upon States to fulfil their obligations and commitments to revoke any remaining laws that discriminate on the basis of sex and remove gender bias in the administration of justice, taking into account that those laws violate their human right to be protected against discrimination; and decides to appoint, for a period of three years, a working group of five independent experts on the issue of human rights commitments related to the discrimination against women in law and practice.

Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development

On the Special Rapporteur on contemporary forms of slavery, the Council decided to renew, for a three year period, the mandate of the Special Rapporteur on contemporary forms of slavery, including its causes and consequences.

On the independence and impartiality of the judiciary, jurors and assessors and the independence of lawyers, the Council requests the Special Rapporteur on the independence of judges and lawyers to carry out, with adequate support from the Office of the High Commissioner for Human Rights, a global thematic study within existing resources, to assess the human rights education and continuing training of judges, prosecutors, public defenders and lawyers with recommendation for appropriate follow-up and to present it at the seventeenth session of the Human Rights Council.

On the right to education: follow-up to Human Rights Council resolution 8/4, the Council urges all relevant stakeholders to increase their efforts so that the goals of the Education for All initiative can be achieved by 2015, inter alia through tackling persistent economic and social inequalities, including on the basis of such factors as income, gender, location, ethnicity, language and disability.

On forensic genetics and human rights, the Council encourages States to consider the use of forensic genetics to contribute to the identification of the remains of victims of serious violations of human rights and of international humanitarian law, and to address the issue of impunity; also encourages States to consider the use of forensic genetics to contribute to the restoration of identity to those persons who were separated from their families.

On the human rights of indigenous peoples, the Council decides to hold, within existing resources, a half-day panel, at its eighteenth session, on the role of languages and culture in the promotion and protection of indigenous peoples’ wellbeing and identity; and encourages those States that have not yet ratified or acceded to the Convention concerning Indigenous and Tribal Peoples in Independent Countries of the International Labour Organization (C169), to consider doing so, and to consider supporting the United Nations Declaration on the Rights of Indigenous Peoples.

On adequate housing as a component of the right to an adequate standard of living, the Council decides to extend for a period of three years the mandate of the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context.

On human rights and access to safe drinking water and sanitation, the Council calls upon States to ensure full transparency of the planning and implementation process in the provision of safe drinking water and sanitation and the active, free and meaningful participation of the concerned local communities and relevant stakeholders therein; and recalls that States should ensure non-State providers fulfil their human rights standards responsibilities throughout the process.

On the elimination of discrimination against persons affected by leprosy and their family members, the Council encourages governments, relevant United Nations bodies, specialized agencies, funds and programs, other intergovernmental organizations and national human rights institutions to give due consideration to the Principles and Guidelines for the elimination of discrimination against persons affected by leprosy and their family members in the formulation and implementation of their policies and measures concerning persons affected by leprosy and their family members.

On the adoption of the Plan of Action for the Second Phase of the World Programme for Human Rights Education, the Council adopts the Plan of Action for the second phase (2010-2014) of the World Programme for Human Rights Education; encourages all States and, where appropriate, relevant stakeholders, to develop initiatives within the World Programme and, in particular, to implement, within their capabilities, the Plan of Action.

On the use of mercenaries as a means of violating human rights and impeding the exercise of the rights of peoples to self-determination, the Council requests all States to exercise the utmost vigilance against any kind of recruitment, training, hiring or financing of mercenaries by private companies offering international military consultancy and security services, and to impose a specific ban on such companies intervening in armed conflicts or actions to destabilize constitutional regimes; decides to renew, for a period of three years, the mandate of the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the rights of peoples to self-determination.

On human rights and international solidarity, the Council urges the international community to consider urgently concrete measures to promote and consolidate international assistance to developing countries in their development endeavours and for the promotion of conditions conducive to the full realization of all human rights; and calls upon the international community to promote international solidarity and cooperation as an important tool to help overcome the negative effects of the current economic, financial and climate crisis, particularly in developing countries.

On the mandate of the Special Rapporteur on the rights of indigenous peoples, the Council decides to extend the mandate of the Special Rapporteur on the rights of indigenous peoples for a period of three years.

On the protection of human rights and fundamental freedoms while countering terrorism, the Council decides to extend the mandate of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, for a period of three years.

On the human rights of migrants, the Council calls upon States that have not yet done so to consider signing and ratifying or acceding to the International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families as a matter of priority; encourages Member States that have not already done so to enact domestic legislation and take further effective measures to combat international trafficking in and smuggling of migrants and also encourages Member States to strengthen international cooperation to combat such trafficking and smuggling.

On preventable maternal mortality and morbidity and human rights: follow-up to resolution 11/8, the Council encourages States and other relevant stakeholders, including national human rights institutions and non-governmental organizations to take action at all levels to address the interlinked root causes of maternal mortality and morbidity, such as poverty, malnutrition, harmful practices, lack of accessible and appropriate healthcare services, information and education and gender inequality, and paying particular attention to eliminating all forms of violence against women and girls.

On arbitrary detention, the Council decides to extend the mandate of the Working Group on arbitrary detention for a further period of three years.

On the draft guiding principles on extreme poverty and human rights, the Council invites the Office of the United Nations High Commissioner for Human Rights: to seek the views, comments and suggestions on the “progress report of the draft guiding principles on human rights and extreme poverty” from States, relevant United Nations agencies, intergovernmental organizations, United Nations treaty bodies, relevant special procedures, national human rights institutions, non-governmental organizations, especially those working with people living in extreme poverty and other relevant stakeholders; and to prepare and submit to the Council, no later than its nineteenth session, an analytical compilation on the basis of above submissions.

On the rights to freedom of peaceful assembly and of association, the Council calls upon States to respect and fully protect the rights of all individuals to assemble peacefully and associate freely; decides to appoint, for a period of three years, a Special Rapporteur on the rights to freedom of peaceful assembly and of association.

On the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, the Council decides to extend the mandate of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, as established in Human Rights Council resolution 6/29, paragraph 1, for a further period of three years; and calls upon all States, among other measures, to ensure that relevant legislation, regulations and national and international policies take due account of the realization of the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

On human rights and issues related to terrorist hostage taking, the Council decides to convene a panel discussion at its sixteenth session on the issue of human rights in the context of action taken to address terrorist hostage-taking with a special focus on the primary responsibility of State to protect and promote human rights for all in their jurisdiction, on the strengthening of international cooperation to prevent and combat terrorism and on the protection of the rights of all victims of terrorism involved.

On human rights and unilateral coercive measures, the Council calls upon all States to stop adopting or implementing unilateral coercive measures not in accordance with international law, international humanitarian law, the Charter of the United Nations and the norms and principles governing peaceful relations among States.

On the right to development, the Council decides to: continue to act to ensure that its agenda promotes and advances sustainable development and the achievements of the Millennium Development Goals and, in this regard, to lead to raising the rights to development, as set out in the Vienna Declaration and Programme of Action, to the same level and on par with all other human rights and fundamental freedoms.

On the open-ended intergovernmental working group to consider the possibility of elaborating an international regulatory framework on the regulation, monitoring and oversight of the impact of the activities of private military and security companies on the enjoyment of human rights, the Council decides to establish an intergovernmental open-ended working group with the mandate to elaborate a legally binding instrument on the regulation, monitoring and oversight of the impact of the activities of private military and security companies on the enjoyment of human rights.

Human rights situations that require the Council’s attention

On the situation of human rights in Sudan, the Council calls upon the international community to continue providing support and technical assistance to the government of Sudan and the government of Southern Sudan in accordance with assessed needs; and decides to renew for a period of one year the mandate of the independent expert on the situation of human rights in the Sudan.

Human rights situation in Palestine and other occupied Arab territories

On follow-up to the report of the Committee of Independent Experts in international humanitarian and human rights law on the Gaza conflict, the Council urges the Palestinian Independent Commission of Investigations to complete its investigations in order to cover the allegations contained in the report of the Independent International Fact Finding Mission in the Occupied Gaza Strip; condemns the non-cooperation by Israel, the occupying power, which hampered the Committee’s assessment of Israel’s response to the call by the General Assembly and the Human Rights Council to conduct investigations that were independent, credible and in conformity with international standards; and renewed and resumed the mandate of the Committee.

Racism, racial discrimination, xenophobia and related forms of intolerance, follow-up and implementation of the Durban Declaration and Programme of Action

In a Presidential Statement, the Council condemns recent instances of religious intolerance, prejudice and related discrimination and violence, which continued to occur in all parts of the world. The international community should stand united against all forms of religious intolerance and should engage in practical steps to end such intolerance. The Council encourages efforts to establish collaborative networks to build mutual understanding and promote dialogue. The Council also recognises that open, constructive and respectful debate, as well as interfaith dialogue, could have a positive effect.

On Nelson Mandela International Day, the Council decides to hold a high-level panel discussion during its eighteenth session, to reflect on the current human rights situations worldwide in respect of racism, racial discrimination, xenophobia and related intolerance, drawing inspiration from the exemplary example of Nelson Mandela to promoting and protecting human rights without distinction to race, colour or national or ethic origin.

Technical assistance and capacity-building

On Technical assistance and capacity-building to Haiti, the Council strongly encourages the international community as a whole, and in particular international donors, the group of countries known as the Friends of Haiti, United Nations specialized agencies, and regional and international organizations, to step up their cooperation with the constituted authorities of Haiti for the full realization of human rights; and welcomes the request of the Haitian authorities to have the mission of the independent expert on the situation of human rights in Haiti extended until September 2011, and decides to approve that request.

On advisory services and technical assistance for Cambodia, the Council expresses its concern about some areas of human rights practices in Cambodia, and urges the government of Cambodia to: continue to strengthen its efforts to establish the rule of law, including through the adoption and implementation of essential laws and codes for establishing a democratic society; and decides to extend by one year the mandate of the Special Rapporteur on the situation of human rights in Cambodia.

On assistance to Somalia in the field of human rights, the Council decides to extend the mandate of the Independent Expert for one year with a view to maximizing the provision and flow of technical assistance to Somalia in the field of human rights.

Declaration

On the situation in Ecuador, the Council stresses that democracy, development and respect for human rights and fundamental freedoms are interdependent and mutually reinforcing, as stated in paragraph 8 of the Vienna Declaration, and strongly rejects any attempt to disrupt the democratic institutional system in Ecuador.

Statement

The Human Rights Council acknowledges the on-going constructive dialogue between the High Commissioner's Office and the Human Rights Council and thanks the High Commissioner, in particular, for her letter dated 3 May 2010 to the President of the Council, asking him to share the Secretary-General's Proposed Strategic Framework with the members of the Council and offering to compile and submit to the Committee for Programme Coordination any comments they may have; invites the High Commissioner to present the Secretary-General's Proposed Strategic Framework for Programme 19 (Human Rights) to the Human Rights Council prior to its submission to the Committee for Programme and Coordination, for the purpose of the High Commissioner to compile and submit the views of the States and relevant stakeholders for transmission to the Committee for Programme and Coordination for its consideration.

For use of the information media; not an official record

HRC10/122E