HUMAN RIGHTS COUNCIL HOLDS GENERAL DEBATE ON HUMAN RIGHTS BODIES AND MECHANISMS

The Human Rights Council this afternoon held an interactive dialogue with its Advisory Committee, heard from the Intergovernmental Working Group on a draft United Nations declaration on the rights of peasants and other people working in rural areas, and then held a general debate on human rights bodies and mechanisms. At the beginning of the meeting, the Council concluded its clustered interactive dialogue with the Special Rapporteur on the rights of indigenous peoples and the Expert Mechanism on the Rights of Indigenous Peoples.

Obiora Chinedu Okafor, Chairperson of the Advisory Committee, presented the final report on the study on the possibilities of using sports and the Olympic ideal to promote and protect human rights, which recognized the important role that sports could play in combatting social barriers, discrimination and racism, and in bringing women and men together to enhance social cohesion. As for the report on the role of local government in the promotion and protection of human rights, it highlighted the need for States to take steps to ensure coordination between ministries and regional and local authorities in order to reconcile related policies with their international human rights obligations.

Speakers in the interactive dialogue with the Advisory Committee appreciated that the report of the Advisory Committee was an important first step towards establishing connection on local government and human rights. Local government was in a better position to deal with human rights priorities than the central government, and to foster human rights at the grass-root level. As for the role of sports in promoting human rights, speakers noted that sports were valuable in promoting peace, solidarity, social inclusion, education, health and other forms of social activity.

Speaking were the Republic of Korea, European Union, Greece on behalf of a group of countries, Argentina, Ireland, Brazil, Russian Federation, Cuba, Venezuela, Morocco, and Egypt. Also speaking were: Equality and Human Rights Commission and Northern Ireland Human Rights Commission, United Cities and Local Governments, Arab Commission for Human Rights, Association for Defending Victims of Terrorism, International NGO Forum on Indonesian Development, and Verein Sudwind Entwicklungspolitik.

Luis Espinosa, Vice-Chair of the Intergovernmental Open-Ended Working Group on the Rights of Peasants and Other Persons Working in Rural Areas, presented the work of the Working Group on a draft United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas. Five days of negotiations had been held from 2 to 6 February 2015, during which many delegations had pointed out that more time was needed to discuss elements in the text. Elements in support of the rights contained in the draft Declaration could not be considered as new rights, since many of them had already been recognized in other international human rights instruments.

Joachim Rücker, President of the Human Rights Council, said that he had repeatedly underlined the importance and the responsibility of all to create a safe space for civil society and for any individual who wished to cooperate with the Council, its mechanisms and procedures. Civil society was essential to the functionality of the Council. Mr. Rücker reiterated his commitment to consistently follow up on all cases brought to his attention and had communicated these to the Secretary-General for inclusion in his report accordingly. All such acts were unacceptable, he said, calling on States to step up efforts to safeguard the space for civil society.

In the general debate on human rights bodies and mechanisms, speakers said that reprisals or threats of reprisals were designed to create a culture of fear, and that those who made and carried out such threats wanted people to be too afraid to speak against them, to challenge them and to change the situation for the better. They welcomed the recent developments in response to acts of intimidation and reprisals, and the steps taken by the President of the Human Rights Council, the Special Procedures and the human rights treaty bodies in developing ways of addressing the issue of reprisals in a more coherent manner.
Some speakers noted that peasants and other persons working in rural areas were the centrepiece of the local food system in developing countries; 80 per cent of the locally consumed food was produced by those small-scale farmers. Extreme poverty, hunger and malnutrition were concentrated in rural areas, and peasants experienced discrimination in many forms, and the denial of their livelihoods and their ability to control their own means of production. It was of paramount importance to formulate an instrument that catered for their needs and elaborate the United Nations Declaration on the rights of peasants and other people working in rural areas.

Taking the floor were Luxembourg on behalf of the European Union, Latvia on behalf of a group of 62 States, Slovenia on behalf of a group of States, Ecuador on behalf of the Community of Latin American and Caribbean States, Ghana on behalf of a group of States, Ireland, Cuba, Venezuela, Namibia, China, South Africa, Montenegro, United Kingdom, Ethiopia, Bolivia, Viet Nam, Norway, Council of Europe, Egypt, Hungary, Cyprus, Food and Agricultural Organization, Nicaragua, Togo, and Kyrgyzstan.

The non-governmental organizations that spoke in the general debate were Foodfirst Information and Action Network, Conscience and Peace International (joint statement), International Federation of Rural Adult Catholic Movements, Associazione Comunità Papa Giuovanni XXIII (joint statement), International Association of Democratic Lawyers, and International Service for Human Rights.

Japan spoke in a right of reply.

At the beginning of the afternoon meeting, the Council concluded its clustered interactive dialogue with the Special Rapporteur on the rights of indigenous peoples, and with the Expert Mechanism on the Rights of Indigenous Peoples, whose presentation of reports this morning can be seen here.

Paraguay spoke as a concerned country.

In the ensuing discussion speakers raised deep concerns regarding the vulnerability of indigenous women and girls, who faced multiple forms of violence and challenges. They warned that there were still serious deficiencies even in the United Nations system in tackling those issues comprehensively and in an effective way. Speakers also deplored the structural violence against indigenous peoples in general, noting that in many countries indigenous peoples were still languishing in the margins of society in many countries. To that end, the rights of indigenous peoples had to factor in the implementation of the Post-2015 Development Framework.

Speaking were: European Union, Ecuador on behalf of the Community of Latin American and Caribbean Countries, Russian Federation, Iran, Norway, Canada, El Salvador, Finland, Peru, China, Chile, Philippines, United States, Honduras, Fiji, Nepal, Ecuador, Denmark, Namibia, Australia, Panama, Malaysia, Venezuela, New Zealand, Costa Rica, France, Bolivia, Brazil, Ukraine, Guatemala, Estonia, Ireland, International Labour Organization, and Armenia.

Also speaking were: International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights, Indian Law Resource Centre, International Fellowship of Reconciliation, Centre for Human Rights and Peace Advocacy, Franciscans International, Liberation, Iranian Elite Research Centre, Mbororo Social and Cultural Development Association, Syriac Universal Alliance, Indigenous World Association, Citizens’ Diplomatic Centre for the Rights of Indigenous Peoples, Minority Rights Group, Indian Council of South America, World Barua Organization, Agence pour les droits de l’homme, Americans for Democracy and Human Rights in Bahrain, and China NGO Network for International Exchanges.

Wednesday, 23 September is a United Nations holiday. The Council will reconvene on Thursday, 24 September 2015, at 9 a.m. to start its consideration of the Universal Periodic Review outcomes of Belarus, United States and Malawi. The Council will continue its general debate on human rights bodies and mechanisms at 6 p.m. on Thursday, 24 September.

Interactive Dialogue with the Special Rapporteur on the Rights of Indigenous Peoples and the Expert Mechanism on the Rights of Indigenous Peoples

Statement by Concerned Country

Paraguay agreed that it was important to put in place administrative and legal measures to ensure that indigenous peoples enjoyed their rights. Paraguay had a programme in place to combat poverty, which included an indigenous people’s component. A protocol to combat poverty among indigenous peoples had been developed as well called TEKOPORA. A law had been adopted to establish indigenous health care and a Directorate for Indigenous Health had its own budget and was in charge of implementing the indigenous health policy. A draft proposal of free prior consultation had been developed in consultation with non-governmental organizations and indigenous peoples. Paraguay shared the concerns expressed by the Special Rapporteur about access, legalization and control of indigenous peoples over land and natural resources and said that this was an area on which the National Institute for Rural Development and Land and the Paraguay Indigenous Institute were actively working.

Interactive Discussion

European Union agreed that more needed to be done to prevent and eliminate all forms of violations against indigenous women and girls, and asked about examples of success of female indigenous leaders in advancing the rights of women and girls. The European Union was engaged in the ongoing discussions on the review of the Expert Mechanism on the Rights of Indigenous Peoples, and looked forward to full and effective consultation with indigenous peoples during this process. Ecuador, speaking on behalf of the Community of Latin American and Caribbean States, reaffirmed its involvement in the Beijing Declaration and Plan of Action and believed that indigenous women must be involved in formulating and implementing State policies, and that gender equality must be a part of the Sustainable Development Goals. The Community of Latin American and Caribbean States reiterated the need to take measures to protect traditional, ancestral and tribal knowledge of indigenous peoples and to ensure the promotion of fair participation.

Russian Federation highlighted the work of the Expert Mechanism on preserving the cultural heritage of indigenous peoples, which the Russian Federation considered a key issue. The Russian Federation presented its domestic efforts to preserve indigenous peoples’ right to education. Iran said it attached great importance to the impact of a number of events, initiatives and programmes advancing indigenous issues worldwide, and said due consideration should be given to indigenous peoples’ right to development. Norway noted with deep concern the conclusions regarding the vulnerability of indigenous women and girls, and of indigenous human rights defenders. Canada said vibrant indigenous cultures and identities were living elements of contemporary society, and noted with concern that indigenous women and girls faced multiple forms of violence and challenges, which Canada was addressing through domestic initiatives. El Salvador said it had carried out constitutional reforms to recognize the rights of indigenous people, and had taken initiatives and action plans to address their needs, including translating international human rights instruments into indigenous peoples’ native languages.

Finland agreed with the need to ensure indigenous peoples’ access to quality education and the particular need to overcome barriers by indigenous girls. It asked the Special Rapporteur about the most important measures to eliminate gender disparities in education and to secure access to all levels of education by indigenous peoples. Peru stated that indigenous peoples in Peru enjoyed legal protection that was among the highest levels of protection in the region, as well as in the world. By 2016, Peru expected to have concluded additional processes to ensure the rights of indigenous peoples, which should be in line with the traditions of indigenous peoples. China stated that indigenous peoples had made significant contributions to human civilisation. Nevertheless, they were still languishing at the margins of society in many countries, instead of being offered the fruits of economic, social and cultural development. Chile called for a multidimensional approach to the protection of the rights of indigenous women and girls. That kind of violence was structural violence which had far-reaching consequences for all societies. Philippines supported the recommendation of the Special Rapporteur to factor in the rights of indigenous peoples in the implementation of the Post-2015 Development Framework. It expressed hope that the active engagement of indigenous peoples would promote a genuine dialogue among parties.

United States said that disproportionate rates of gender-based violence towards indigenous women were a matter of concern; it was an issue that was being addressed in the United States. What were some of the first steps that Member States could take to address survivors’ needs? The mandate and composition of the Expert Mechanism on the Rights of Indigenous Peoples should be revised. Honduras believed that the Special Rapporteur’s report provided a huge contribution to the efforts of Member States to improve the situation of indigenous peoples. The figures on indigenous peoples around the world gave an objective picture of the structural violence against indigenous peoples. Honduras would shortly approve a public policy against racism and discrimination. Fiji said that the only way to deal with the complexity of the situation of indigenous women was by ensuring that indigenous rights were not implemented to the detriment of minority groups, whilst ensuring that the law preserved and protected the cultural rights of all persons living in the country. Nepal believed in the holistic approach to combatting potential violence against indigenous women and girls in tandem with their rights as indigenous peoples. The Constitution of Nepal stipulated the establishment of an indigenous nationalities commission. Ecuador stated that its 2008 Constitution established a multinational and intercultural State which recognized and guaranteed the collective rights of indigenous peoples. For the first time in the history of the country, 96 per cent of indigenous girls had access to primary education. More needed to be done to increase the participation of indigenous women in decision making.

Denmark said the situation of indigenous women and girls deserved intensified attention and efforts, and demanded how would the Special Rapporteur cooperate with UN Women. Namibia said improving women’s social status and women’s political rights were priorities, explaining that Namibia had measures targeting marginalized communities to strengthen their access to health and education and protect their cultural heritage and lands. Australia said addressing violence against indigenous women and indigenous unemployment was a priority for its Government, and highlighted the necessity for the Expert Mechanism to complement the work of other United Nations entities rather than duplicate it. Panama said projects and programmes focusing on marginalized indigenous peoples were a necessity, but noted that some indigenous peoples, due to their cultural backgrounds, refused to take part in decisions relating to them. Malaysia said it maintained continuous engagement and consultation with the indigenous community in order to ensure that it was not left behind in the development agenda. Malaysia had introduced income-generating programmes for the indigenous community.

Venezuela agreed with the Special Rapporteur that it was necessary to ensure better access of indigenous people to education, health and social security. There needed to be a more proactive participation of indigenous women and girls in social development. In Venezuela, women played a very important role in preserving indigenous cultures. New Zealand acknowledged that there was much work that needed to be done in New Zealand with regard to the rights of indigenous women and girls. The Government was working closely with Maori service providers to share lessons around the importance of whanau, indigenous education and employment. Costa Rica agreed that indigenous women and girls often faced double discrimination. There were gaps in the way States worked together to put in place measures to ensure the enjoyment of human rights by indigenous women. National actions plans were necessary. France remained fully committed to the protection and promotion of the human rights of indigenous peoples, who continued to suffer discrimination and inequality of treatment. France did not recognize the collective rights of such groups, in line with its constitutional principles.

Bolivia appreciated the focus on indigenous women and girls, and advocated for a holistic and multidimensional approach to guarantee rights for women and girls, and indigenous communities in general. It reminded of the high drop-out rate among indigenous children, which had decreased in recent years. Brazil echoed the Special Rapporteur’s concern that indigenous women and girls were exposed to various forms of violence and exclusion mechanisms in various countries. States thus had an important role in changing the stark reality by confronting sexism and discrimination head on. Ukraine deplored the situation in which the Crimean Tatars found themselves after the illegal occupation of the Autonomous Republic of Crimea by the Russian Federation. They experienced abductions, illegal detention and imprisonment, and violations of freedom of speech and media and religion. Guatemala noted that it had established a coordinating committee to advance the implementation of the outcome document of the World Conference on Indigenous Peoples. To that end it had instituted four processes, which were under way, in order to advance the rights of indigenous peoples. Estonia underlined the importance of the study on the state of rights of indigenous women and girls, noting that there were still serious deficiencies even in the United Nations system in tackling those issues comprehensively and in an effective way.

Ireland asked the Special Rapporteur to elaborate on successful measures to protect female indigenous human rights defenders and how international organizations could actively support their plight. Ireland was deeply concerned about recurring attacks and imprisonment of indigenous human rights defenders who called for the respect of their natural and cultural heritage, especially in relation to corporate activities, and asked about measures that corporations could implement to include the views of indigenous peoples when carrying out activities that could harm their natural and cultural heritage. International Labour Organization said it had initiated a research effort to enhance knowledge about the situation of indigenous women, which aimed at informing future interventions to support their increased participation in decision-making, their economic activities, and to better protect their rights at work. Armenia stressed that the right of indigenous peoples to self-determination was also a way to decide on their economic and social development, and was a precondition for the realization of their other rights, including the right to cultural heritage.

International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights called on States to develop national action plans to meet the goals and objectives of the United Nations Declaration, which were instrumental to reconcile the disconnect between the commitments made at the international level and the fulfilment of indigenous peoples’ rights on the ground. The proposal of the Expert Mechanism on the Rights of Indigenous Peoples to hold a discussion during its next session on the rights of indigenous peoples relating to disability and business was welcome.

Indian Law Resource Centre, in a joint statement with National Congress of American Indians; and Native American Rights Fund stated that the decision by the World Conference to develop an implementing and monitoring body for the Declaration could significantly improve indigenous peoples’ lives. It was recommended that the new body paid particular attention to the rights of indigenous women and children. The body should not duplicate the work of the Special Rapporteur. International Fellowship of Reconciliation expressed concern over the situation of indigenous peoples in Mexico, whose prior consent was not sought before large construction projects were carried out in the country. Some community leaders had been murdered or put in prison for resisting this situation. Centre for Human Rights and Peace Advocacy said that abuses committed by Indian security forces still went unpunished. The Armed Forces Special Powers Act allowed for immunity of their members. Impunity was pervasive across India. Franciscans International spoke on behalf of a Brazilian indigenous person, whose land had been confiscated by the Government. The Guarani people were tired of waiting and did not believe in the willingness of any level of the Brazilian Government to protect their rights. Liberation stated that India was a democracy, but indigenous people there were facing severe problems, some of them related to the Armed Forces Special Powers Act. The militarization of the conflict on the indigenous land had led to the institutionalization of gang rape in northeast India.

Iranian Elite Research Centre expressed concerns about reports of human rights abuses faced by indigenous women, and about the alarming issue of the rising number of incidents of violence and racial and cultural discrimination against Palestinians. Mbororo Social and Cultural Development Association voiced concerns about the neglected and suppressed aboriginal Tripuri peoples of Tripura in northeast India, who historically faced deprivation, exploitation, oppression and denial of their rights. Syriac Universal Alliance, The Federation Syriaque International said Syria’s indigenous Aramean Christians faced complete annihilation by jihadists, and warned that ongoing crimes against minorities in Iraq and Syria amounted to crimes against humanity and genocide. Indigenous World Association welcomed comments by the Special Rapporteur highlighting the vulnerability of indigenous women in Canada, and recommended that Canada adopt a national action plan addressing the root causes of violence against indigenous women, and that it investigate and prosecute these cases.
Shimin Gaikou Centre (Citizens' Diplomatic Centre for the Rights of Indigenous Peoples) raised the issue of the construction of a United States’ military base in Okinawa, Japan, and regretted that the statement delivered earlier by Japan on this issue contained approximations, and stressed that the importance of national security should not undermine human rights. Minority Rights Group described widespread trends making the position of indigenous women more precarious, and noted that violence against them sometimes came also from their community, including reprisals when they refused to abide by cultural traditions. Challenges they faced were complex, and solutions addressing them had to be comprehensive and culturally-sensitive.

Indian Council of South America reminded Colombia of the recommendation of the Committee on the Elimination of Racial Discrimination to address the discrimination of indigenous peoples. In Bolivia traditional medicines, like the coca leaves, should receive approval to be used. World Barua Organization condemned violence against indigenous women and girls in Bangladesh, reminding that some 42 cases were recorded recently. It regretted that the Bangladesh Government had not taken any measures to address those crimes. Agence pour les droits de l’homme drew attention to the issue of the Sami people. In Norway they had their own parliament. However, they still faced ten times more discrimination than other citizens. They were deprived of their ancestral lands and thus their means of living. Americans for Democracy and Human Rights in Bahrain drew attention to discrimination against the Baharna people in Bahrain, who were Shia. The Government had worked to erase the culture and history of the Baharna, and had prevented them from receiving Shia religious education. China NGO Network for International Exchanges noted that the term “indigenous” was the product of foreign colonists. There were no indigenous people in China and China’s national policy of equality, solidarity, mutual assistance and harmony guaranteed rights for all.

Concluding Remarks

VICTORIA TAULI CORPUZ, Special Rapporteur on the rights of indigenous peoples, expressed appreciation for the proposal to hold a round table with the participation of representatives of indigenous peoples and the Government of Paraguay on how to implement the recommendations she had made following her visit to this country. It would also be useful to merge this initiative with those of the Forum for Indigenous Issues on supporting the development of a national action plan for the implementation of the outcome document of the World Conference on the Rights of Indigenous Peoples. The official report to her visit to the Nordic countries would be issued next year, and Ms. Tauli Corpuz said that this visit provided her with insights on how to address the issue of indigenous peoples, the Sami, whose presence stretched over four countries: Norway, Sweden, Finland and Russia, and said that the Nordic Sami Convention was a unique mechanism.

The question of the provision of social services and approaches for survivors of violence among indigenous women and indigenous human rights defenders was a pertinent one, and States should think about how to put in place shelters and other services, and protect women from violence. Further, States should look into the situation of indigenous women affected by disasters and internal displacement. It was not easy to address the issue of violence against indigenous women human rights defenders, primarily because of the absence of a legal framework, but the provision of legal defense funds would go a long way in addressing this situation, stopping the violence and addressing impunity. The Special Rapporteur invited States and civil society organizations to receive information and communications on violations of rights, and said that the responses of a number of governments to her urgent communications had been positive so far, including in Peru and Ecuador.

ALEXEY TSYKAREV, Chair-Rapporteur of the Expert Mechanism on the Rights of Indigenous Peoples, said in concluding remarks that a study from the Expert Mechanism raised the issue of indigenous women and noted the burden women bore in preserving indigenous cultural traditions. He underlined the importance of recognizing the role of women in active change and in promoting their participation to political processes. Indigenous women also faced additional challenges in accessing the private sector and investment opportunities. In response to a question by the United States, he said the Expert Mechanism had the opportunity to engage with numerous indigenous people’s representatives, and said it was necessary to preserve the Expert Mechanism’s thematic approach. He underlined the need to ensure that recommendations and studies by the Expert Mechanism were effectively implemented by States and served as a basis when making recommendations in the context of the Universal Periodic Review mechanism. The Expert Mechanism could play a role to serve as facilitator between indigenous peoples and the private sector, and could support States’ efforts to draw national action plans on indigenous issues. The United Nations was worried about the fate of non-governmental organizations cooperating with Human Rights Council mechanisms, and the Expert Mechanism was paying particular attention to the safety and freedom of indigenous rights defenders. He said the Expert Mechanism invited States to work on indicators and would share good practices on the advancement of the rights of indigenous peoples.

Documentation

The Council has before it a report on the role of local government in the promotion and protection of human rights - Final report of the Human Rights Council Advisory Committee (A/HRC/30/49)

The Council has before it a finalized study on using sport and the Olympic ideal to promote human rights for all and to strengthen universal respect for them - Finalized study of the Human Rights Council Advisory Committee (A/HRC/30/50)

The Council has before it a note by the Secretariat on reports of the Human Rights Council Advisory Committee on its fourteenth and fifteenth sessions - Note by the Secretariat (A/HRC/30/51)

Presentation of Reports by the Human Rights Council Advisory Committee

OBIORA CHINEDU OKAFOR, Chairperson of the Human Rights Council Advisory Committee, presented the final report on the study on the possibilities of using sports and the Olympic ideal to promote and protect human rights, which recognized the important role that sports could play in combatting social barriers, discrimination and racism, and in bringing women and men together to enhance social cohesion. The report outlined the risks of mega sports events to host countries, which included displacement, eviction, exploitation and even killing affecting the local population. The report on the role of local government in the promotion and protection of human rights highlighted the need for States to take steps to ensure coordination between ministries and regional and local authorities in order to reconcile related policies with their international human rights obligations. It also identified main challenges faced by local governments in the promotion and protection of human rights and stressed the need for human rights protection mechanisms at the local level.

With regard to the mandate on the activities of vulture funds and their impact on human rights, the Advisory Committee suggested that the Council extended the time schedule in order to allow for better informed work, and that the Advisory Committee submit the progress report to the Council at its thirty-third session in September 2016. The Advisory Committee put forward for the Council’s consideration the proposal to study the issue of preserving international watercourses to protect the rights to life and food. At its last session, the Committee had studied the issues of whistle-blowing and human rights in the context of corruption, climate induced displacement and human rights, mainstreaming human rights in the post-2015 development agenda, and regional human rights situation regimes (protection mechanisms). The Advisory Committee had also reviewed its methods of work and had decided, inter alia, to establish a network of academic friends of the Committee with the objective to work together collaboratively on the topics of the research-based reports of the Advisory Committee and also decided to open its online discussion forum to representatives of non-governmental organizations and members of civil society to enable more frequent interactions and exchange.

Interactive Dialogue with the Human Rights Council Advisory Committee

Republic of Korea, speaking on behalf of a group of countries, appreciated the report on local government and human rights. The final report was an important first step towards establishing the connection between local governments and human right. Local government was in a better position to deal with human rights priorities than the central government, and to foster human rights at the grass-root level.

European Union appreciated the initiative of the Advisory Committee to hold an exchange of views, noting that the discussion seemed to confirm that it was worth it to further reflect on the role of the Advisory Committee and the relationship between the Committee and the Council. In this respect, the European Union believed that a context where the Human Rights Council was seized with a growing number of initiatives was an important element to take into consideration.

Greece, speaking on behalf of a group of countries, noted that the recommendations outlined in the report on sport and the Olympic ideal required further reflection, such as the significance of education and capacity building, the fight against discrimination, business and public-private partnership on human rights and sport, incorporating sport to conflict prevention activities and peacebuilding, as well as sport and sustainable development. It emphasized the valuable contribution of sports in promoting peace, solidarity, social inclusion, education, health and other forms of social activity.

Argentina appreciated the Advisory Committee’s work and its proposals. It stressed that during the last session of the Council, progress was seen regarding funds for the enjoyment of human rights. Argentina further stressed the negative effect on human rights by vulture funds and urged the Council to keep it on its agenda.

Ireland said the Advisory Committee had a potential important role as a think tank, and welcomed its members’ commitment and expertise. It underlined the importance of its reports to be made available on time, and of the work of the Committee to be beneficial for the work of the Council. Ireland asked what measures the Council and individual Member States could take to facilitate the work and collaboration of the Advisory Committee.

Brazil welcomed the Advisory Committee’s efforts to bridge the activities of the Council and the reality on the ground at the local level, and illustrated this with the improvements achieved in Sao Paulo.

Russian Federation said that neutrality in the sport movement was important and it was regrettable to boycott sport events for political reasons. It stressed the importance of States not intervening in sport organizations. Russia raised concerns regarding the Advisory Committee going beyond its mandate by pointing at gaps in the work of the Council and by commenting on budgetary issues.

Cuba appreciated the reports by the Advisory Committee, including on unaccompanied migrant children, and asked the opinion of the Chair on the current migrant crisis and its impact on this issue. It reaffirmed Cuba’s support to the mandate of the Advisory Committee.

Venezuela said that vulture funds through their fraudulent trickery had forced southern debtors to deviate their financial resources and so reduced their capacity to fulfil their human rights obligations.

Morocco said that sport and the Olympic ideal were important drivers for the promotion and protection of human rights, especially in the fight against discrimination, xenophobia and intolerance based on religion. The improvement of the situation of peasants in rural areas was vital and Morocco had adopted a number of initiatives to combat rural strategy and human development.

Egypt said that the study on local government and human rights had provided a deep and comprehensive perspective, which would enable the Council to maintain the spotlight on this important issue and explore new and more detailed venues. Peasants substantially contributed to food security and food sovereignty, and yet extreme poverty, hunger and malnutrition were concentrated in rural areas, which pointed to the urgent need to improve the situation of peasants and other people working in rural areas.

Equality and Human Rights Commission and Northern Ireland Human Rights Commission, said that to truly promote human rights, sports bodies must ensure equal opportunity to all to access and participate in them, values echoed in the seven Fundamental Principles of Olympism of the Olympic Charter, and welcomed the inclusion of sexual orientation under non-discrimination in Principle 6.

United Cities and Local Governments welcomed the report on the role of local government in the promotion of human rights. It shared the main conclusions and recommendations of the report, such as those that guaranteed sustainability and exchange between civil society and local authorities. The report also rightly highlighted the negative impact of corruption on the local promotion of human rights.

Arab Commission for Human Rights commended the work of the Advisory Committee and deplored poor attendance of colleagues from civil society. It suggested better coordination with other Council mechanisms, Special Procedures and mandate holders. It emphasized the negative effects of colonization and occupation on human rights and proposed a panel discussion on that issue.

Association for Defending Victims of Terrorism drew attention to the victims of terrorism, who deserved to be supported and encouraged to resume their lives. Resolutions were necessary to that end, and to accept their role in the global fight against terrorism, as well as to institute an international remembrance day for victims of terrorism.

International NGO Forum on Indonesian Development thanked the Advisory Committee for the report on the role of local government in the promotion of human rights. The adoption of the report was relevant in the framework of the Post-2015 Development Agenda. It recommended that the Council’s Member States adopt measures against corruption, include civil society in their deliberations, and continue developing guiding principles for human rights.

Verein Südwind Entwicklungspolitik supported the recommendation to adopt specific legislation against discrimination in sport, and expressed concerns about restrictions affecting women in access to sport in Iran. It referred to an Iranian sports woman prohibited by her husband to leave the country to participate in an international competition. It expressed admiration that Iranian sports women were actively speaking out against discriminatory legislation in Iran.

Concluding Remarks

OBIORA CHINEDU OKAFOR, Chairperson of the Human Rights Council Advisory Committee, said in concluding remarks that the discussion papers discussed by the Committee during its sessions were for internal consumption only to feed the reflection and the discussions among its members, and were not made to be officially forwarded to the Council. In response to Cuba, he said the migratory crisis of course had an impact on children, and recalled that the Committee had advised the Council to discuss this issue even before the crisis had begun. With regard to the submission of reports by the Committee to the Council, the practice was that there was no interactive dialogue, which was unfortunate as such dialogues would be beneficial. He noted the concerns of a non-governmental organization that meetings in August did not allow massive participation from other stakeholders. More research assistance would be highly beneficial for the members of the Advisory Committee, he said. Lastly, he underlined the importance of more fluid and consistent mandates.

Documentation

The Council has before it the report of the open-ended intergovernmental working group on the draft United Nations declaration on the rights of peasants and other people working in rural areas A/HRC/30/55

Presentation of the Report of the Open-Ended Working Group on the Rights of Peasants and Other Persons Working in Rural Areas

LUIS ESPINOSA, Vice-Chair of the Intergovernmental Open-Ended Working Group on the Rights of Peasants and Other Persons Working in Rural Areas, presented the report of the Working Group on a draft United Nations declaration on the rights of peasants and other people working in rural areas. Five days of negotiations had been held from 2 to 6 February 2015 with the participation of inter-governmental organizations, States, civil society, non-governmental organizations, national institutions for human rights, and representatives of peasants and other persons working in rural areas. Two round tables had been held with eight speakers, the first on civil, political, economic, social and cultural rights of peasants and other persons working in rural areas, and the second on the rights of peasants and other persons working in rural zones in other international instruments and corresponding gaps. Over 50 documents, including treaties and international standards, resolutions and outcome documents from international documents as well as consultations had been used as a basis in the drafting of the document presented in February.

The delegations had indicated they were interested in cooperating in a constructive manner. However many of the delegations had pointed out that more time was needed to discuss elements in the text and to express specific instructions on each article of the text presented. Elements in support of the rights contained in the draft declaration could not be considered as new rights, since many of them had already been recognized in other international human rights instruments. Participants expressed agreement on the need to improve the situation of farmers and other people living in rural areas. Among the manifested elements there was a majority agreement that extreme poverty, hunger and malnutrition were concentrated in rural areas, this being a situation of imbalance that was not consistent with the contribution of farmers in the provision of food to society. The importance of addressing the unique challenges, and the need to take measures to protect and promote their rights was recognized. The report presented today included the results of the discussions of the Working Group. He encouraged open-mindedness and a constructive attitude in the Working Group.

Statement by the President of the Human Rights Council

JOACHIM RÜCKER, President of the Human Rights Council, reminded that the report of the Secretary-General on “Cooperation with the United Nations, its representatives and mechanisms in the field of human rights” provided details on cases of alleged intimidation and reprisals and follow-up information on cases included in previous reports. The President said that he had repeatedly underlined the importance and the responsibility of all to create a safe space for civil society and for any individual who wished to cooperate with the Council, its mechanisms and procedures. Civil society was essential to the functionality of the Council. Mr. Rücker reiterated his commitment to consistently follow up on all cases brought to his attention and had communicated these to the Secretary-General for inclusion in his report accordingly. All such acts were unacceptable, he said, calling on States to step up efforts to safeguard the space for civil society.

General Debate on Human Rights Bodies and Mechanisms

Luxembourg, speaking said behalf of the European Union, said that Special Procedures were one of the most important mechanisms of the Human Rights Council and that their independence was the cornerstone of their efficiency. The European Union firmly condemned threats and attacks against those who cooperated with human rights bodies and mechanisms. Since 2004, it had in place a mechanism for the protection of human rights defenders and called upon all States to ensure that human rights defenders could operate freely and without hindrance.

Latvia, speaking on behalf of group of 62 countries, said that a standing invitation to the Special Procedures provided an unambiguous signal of a country’s readiness to cooperate fully with the Human Rights Council. Issuing a standing invitation was only the beginning of a cooperative process, which should result in genuine cooperation with the Special Procedures. The group of countries noted with great satisfaction that since this initiative, more than 110 standing invitations had been issued, and was pleased to note that many Universal Periodic Review recommendations addressed this issue.

Slovenia, speaking on behalf of a group of countries, said that Special Procedures had played an important role in the international human rights system for almost half a century and that with the establishment of the Human Rights Council, their role had been reinforced. The group of countries expressed support for the recently published Communication Report of the Special Procedures, and the Annual Report presented during the March session of the Council, and welcomed the intentions of both reports to avoid duplication, rationalize documentation and allow examination of cross cutting issues.

Ecuador said peasants were key to the future of communities and needed to be protected. The Community of Latin American and Caribbean States had initiatives to eradicate hunger and food insecurity, as well as to combat poverty of peasants and other persons living in rural areas. It urged all Member States to continue negotiations on a draft declaration on the issue.

Ghana, speaking on behalf of the core group of countries, strongly condemned all acts of reprisals and called on all States to prevent such acts. Everyone had the right to unhindered access to and communication with the United Nations human rights mechanisms. The recent adoption of guidelines on reprisals by the treaty body chairpersons was welcomed. Regional human rights bodies also had an important role to play to protect human rights defenders from reprisals, and initiatives taken in this regard by the African Union were welcomed. The Council had a moral duty to address reprisals.

Ireland fully agreed that reprisals ran contrary to the principles of the United Nations, and expressed concerns at acts of reprisals against not only human rights defenders but also members of their families. Ireland urged all States to provide information and follow-up on cases of reprisals. Ireland underlined the importance of individual communications to Special Procedures. Ireland did not agree that there existed in law a right to peace, whereas individual or collective, but engaged in the negotiations on this issue nonetheless.

Cuba commended the work of the Working Group on the rights of peasants and other persons working in rural areas and encouraged members of civil society to support this process as a step in promoting the rights of agricultural workers. In the second summit of the Community of Latin American and Caribbean States in Cuba, the important contribution of family agriculture in securing food and nutrition and eliminating poverty had been underlined. Cuba would continue to support the process of the drafting of this important document.

Venezuela commended the work of the Working Group on the rights of peasants and other persons working in rural areas and appreciated the work of Mr. Espinosa. The reading of the draft declaration presented by the Rapporteur Chair underscored important elements as meaningful for this process. Venezuela had no doubt that this was an essential document which would contribute to the protection of peasants and other persons working in rural areas. Venezuela supported the work of the Working Group.

Namibia agreed with the report of the Advisory Committee on the role of local government that local government played an important role in the promotion and protection of human rights. Namibia was a unitary State divided in 14 regions for administrative purposes. In reference to the recommendation by the Advisory Committee for civil society to be more engaged in promoting human rights at the local level, there was significant civil society and non-governmental organization participation in Namibia which played an important role in the socio-economic development, including at the local level.

China underlined the importance of sports in promoting social progress. China supported efforts by the Working Group on the rights of peasants. While China attached great importance to the work of Special Procedures, it underlined the importance of them abiding by their code of conduct and being impartial and independent, and stressed the importance of geographical balance in the composition of staff.

South Africa said investing in rural areas remained important, and expressed its commitment to combat poverty and address the needs of those living in rural areas. There was a need to further efforts to adopt a declaration on the rights of peasants and address the normative gaps to protect the rights of these particularly vulnerable people.

Montenegro said cooperation with human rights mechanisms was essential for the advancement of human rights, and underlined specifically the importance of cooperation with Special Procedures. It emphasized States’ responsibility to work at the international level to enable a safe environment for civil society organizations to engage with the United Nations human rights system. Montenegro presented its national initiatives to cooperate with human rights mechanisms and implement recommendations made to it.

United Kingdom said that reprisals or threats of reprisals were designed to create a culture of fear. Those who made and carried out such threats wanted people to be too afraid to speak against them, to challenge them and to change the situation for the better. Such atmospheres of intimidation were toxic to civilized society, and there could be no impunity for such acts.

Ethiopia stressed the importance of participation of peasants in economic, social and political spheres. Ethiopia was working hard to create favourable conditions to peasants’ participation by bringing them services like electricity, health, education, agricultural extension and participatory local administration. The legal framework on land acquisition, transfer and redistribution was in place and acquisition of rural land was free of charge without discrimination and for an indefinite period of time.

Bolivia said that since the adoption of its Constitution, it had intensified the promotion and protection of human rights of indigenous peoples and peasants. Peasants and other persons working in rural areas were the centrepiece of the local food system in developing countries; 80 per cent of the locally consumed food was produced by those small-scale farmers. The adoption of the Declaration would contribute to the improvement of the quality of life and dignity of peasants, and help in protecting their human rights.

Viet Nam shared the view that the rights of peasants had to be protected and considered in a comprehensive manner. Ensuring their access to education was a key element of protecting their rights. Viet Nam was open to further discussion to find common ground on this issue.

Norway remained deeply concerned at acts of reprisals, and strongly endorsed the view that acts of reprisals should be halted immediately. Cases of reprisals against human rights defenders and their families took different forms, from smear campaigns, harassment, and intimidation prosecutions to direct threats and physical attacks.

Council of Europe said the Committee of Ministers of the organization had a thematic debate on the role of human rights defenders in June 2013, during which non-governmental organizations raised attention to cases of reprisals against human rights defenders collaborating with the Council of Europe. In reaction, the Council of Europe may consider the establishment of an alert mechanism.

Egypt said that there was an urgent need to improve the situation of peasants and other people working in rural areas, as extreme poverty, hunger and malnutrition were concentrated in rural areas, despite peasants’ substantial contribution to food security and food sovereignty. Peasants experienced discrimination in many forms, including the denial of their livelihoods and their ability to control their own means of production. It was of paramount importance to formulate an instrument that catered for their needs and to elaborate a United Nations declaration on the rights of peasants and other people working in rural areas.

Hungary commended the recent developments in response to acts of intimidation and reprisal and the steps taken by the President of the Human Rights Council, the Special Procedures and the human rights treaty bodies in developing ways of addressing the issue of reprisals in a more coherent manner. States had the responsibility to prevent such practices, investigate allegations and prosecute and punish the perpetrators.

Cyprus, in connection to the mention of Cyprus in the report of the Secretary-General, said that it had provided a comprehensive report on reprisals in August 2014 as requested by the Special Procedures mandate holders.

Food and Agriculture Organization underlined the importance of achieving food security for all. Many provisions in the draft declaration contained standards already implemented by the Food and Agriculture Organization. It would continue its contribution to the negotiations on the draft declaration, in line with its objectives relating to eliminating hunger, making agriculture more productive and sustainable, reducing rural poverty, enabling inclusive food systems and increasing the resilience of livelihoods to threats and crises.

Nicaragua underlined the importance of ensuring social equality for men and women living in rural areas, and supported efforts to move ahead on the drafting of the declaration of the rights of peasants and other people living in rural areas.

Togo said it was essential to include the principles of equality and non-discrimination in the draft declaration, and explained that it recently removed provisions of its domestic legislation that discriminated against women in access to land. Togo then underlined the importance of ensuring access to health and education services to all persons in remote areas, though it agreed that a lot remained to be done on this issue.

Kyrgyzstan welcomed the report and presentation of the open-ended Working Group on the rights of peasants and other persons working in rural areas and the draft declaration and was pleased to note the progress achieved. Further consultation was needed on some wording and other issues. At the next session of the Working Group there was a need to have a text that would be understood by peasants and other people living in rural areas. The exceptional importance of taking into account all stakeholders was underlined.

Food First Information and Action Network was pleased to note the presentation of the Report of the Open-Ended Working Group on the Rights of Peasants and Other Persons Working in Rural Areas. Peasants suffered violations due to land seizures, job discrimination and other problems. It was essential that the United Nations adopt a Declaration which specified human rights for peasants. It was also necessary to discuss the recognition of a new right. The group hoped that the Declaration would be adopted as quickly as possible, and was in favour of the proposal of Bolivia to extend the Working Group’s mandate for another three years.

Conscience and Peace Tax International, in a joint statement with Center for Global Nonkilling, said that addressing violence and being successful at reducing it required all types of measures. The role of the Human Rights Council was essential to achieving a peaceful world and to bringing in existence a social and international order in which all rights could freely be expressed and fulfilled. It encouraged the Council to adopt a resolution on the right to peace, or to open a new round of talks of the Working Group on the right to peace.

International Federation of Rural Adult Catholic Movements said that three quarters of people suffering hunger and malnutrition around the world were peasants. Their right to land and natural resources should be secured for all peasant families, and their right to food sovereignty should be expressed and proclaimed. There was a need to promote gender equality in all spheres of rights.

Associazione Comunità Papa Giovanni XXIII, on behalf of severals NGOs¹, said that the Human Rights Council had the historical opportunity to offer, coinciding with the seventieth anniversary of the United Nations Charter, a solemn declaration that would include a specific human right to peace. It was absolutely important to recognize the right to peace as a step forward to the full respect of all the other human rights, including the right to development and the elimination of structural injustices and economic and social violence.

International Association of Democratic Lawyers said that the time had come for the finalization of the important work of this Council to better promote and protect the rights of peasants and other persons working in rural areas. The recognition of small-holders rights was fundamental in order to give them back what they had been providing to the entire world population.


International Service for Human Rights said that in his seventh annual report to the Human Rights Council on alleged cases of reprisals and intimidation, the Secretary-General shared that the types of acts reported seemed to have become more varied and severe. It was clear from the report that reprisals constituted a systematic and deliberate strategy to deter civil society engagement with human rights bodies. While the United Nations response remained inadequate, impunity reigned and sustained this disturbing status quo. Most disturbingly, the Secretary-General documented several cases of reprisals and intimidation by Member States of this Council.

Right of Reply

Japan, speaking in a right of reply, said that the issue of abuses by marines in Okinawa was not appropriate to be discussed in the Human Rights Council. Japan would continue dialogue on this issue.
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¹Joint statement: Associazione Comunità Papa Giovanni XXIII; Institute of Global Education;Institute for Planetary Synthesis;International Association of Democratic Lawyers;International Network for the Prevention of Elder Abuse (INPEA);International Volunteerism Organization for Women, Education and Development – VIDES; Istituto Internazionale Maria Ausiliatrice delle Salesiane di Don Bosco (IIMA);International Peace Bureau; Center for Global Nonkilling; and United Network of Young Peacebuilders (UNOY Peacebuilders)



For use of the information media; not an official record

HRC15/123E