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

The Human Rights Council in its midday meeting started its general debate on human rights bodies and mechanisms, after hearing the presentation of the report of the fourth annual United Nations Forum on Business and Human Rights. It also concluded its a general debate on human rights situations that require the Council’s attention.

Karim Ghezraoui, Chief, a.i. of the Special Procedures Branch of the Office of the High Commissioner for Human Rights, presented the report of the fourth annual United Nations Forum on Business and Human Rights, held in November 2015. He noted that in the rapidly developing field of business and human rights, the annual Forums provided an opportunity to take stock of ongoing efforts and new opportunities, and to discuss how different actors could implement the Guiding Principles in practice.

The report on the workshop to review the mandate of the Expert Mechanism on the Rights of Indigenous Peoples was presented by the Deputy High Commissioner on Monday, 20 June. The summary is available here.

During the general debate, speakers suggested that the annual Forums, in which the human rights community and the environmental community could come together to share views, should continue, and one such opportunity was the inclusion of a dedicated discussion on human rights and the environment in the framework of the annual Forum on Business and Human Rights. Others encouraged the Expert Mechanism on the Rights of Indigenous Peoples to be involved in technical assistance activities to States, and to facilitate constructive dialogue between Member States and indigenous peoples at the national level.

Speaking in the debate were India on behalf of the Like-Minded Group, Slovenia on behalf of a Core Group on Human Rights and the Environment, Netherlands on behalf of the European Union, Portugal on behalf of the Group of Friends of Economic, Social and Cultural Rights, Dominican Republic on behalf of the Community of Latin American and Caribbean States, Norway on behalf of the Nordic countries, Pakistan on behalf of the Organization of Islamic Cooperation, Cuba, Mexico, Russian Federation, China, Venezuela, Bolivia, Ecuador, Norway, United States, Chile, Council of Europe, Australia, New Zealand, Holy See, Hungary, and Ireland.

At the beginning of the meeting, the Council concluded the general debate on human rights situations that require the Council’s attention, which it started on Wednesday, 22 June. The summary of the first part of the debate is available here.

Non-governmental organizations speaking during the debate noted situations around the world requiring the Council’s attention, often focusing on how the issues mentioned affected vulnerable groups and their abilities to exercise their human rights. The strong effect of terrorism and the authorities’ response to that were noted by many speakers. Religious and cultural issues were also referred to by speakers.

The following non-governmental organizations took the floor: International Islamic Federation of Student Organizations, World Jewish Congress, CIVICUS, Il Cenacolo, Rencontre Africaine pour la défense des droits de l’homme, Association Bharathi Centre Culturel Franco-Tamoul, United Nations Watch, International Service for Human Rights, World Barua Organization, Agence Internationale pour le Developpement, Khiam Rehabilitation Centre for Victims of Torture, International Organization for the Elimination of All Forms of Racial Discrimination, International Muslim Women’s Union, Africa Culture Internationale, Association Solidarité Internationale pour l’Afrique, Association Burkinabe pour la Survie de l’Enfance, Arab Commission for Human Rights, Cairo Institute for Human Rights Studies, International Educational Development, Inc., International Youth and Student Movement for the United Nations, Human Rights House Foundation, Asian Forum for Human Rights and Development, Article 19 – International Centre against Censorship, Pasumai Thaayagam Foundation, Commission africaine des promoteurs de la santé et des droits de l’homme, International-Lawyers.Org, Fondation Danielle-Mitterrand - France Libertés, Syriac Universal Alliance, East and Horn of Africa human rights defenders project, Organization for Defending Victims of Violence, Society for Development and Community Development, Association des etudiants tamouls de France, Union of Arab Jurists, Indian Council of South America, Society for Threatened Peoples, Al-Hakim Foundation, B’nai B’rith, OCAPROCE Internationale, Brazilian Gay, Lesbian and Transgender Association, Women’s Human Rights International Association, Mbororo Social and Cultural Development Association, Fundación Latinoamericana por los Derechos Humans y el Desarollo Social, Reporters sans Frontiers, Association Mauritanienne pour la promotion du droit, Jubilee Campaign, Agence pour les droits de l’homme and Amnesty International.

Brazil, Burundi and Nigeria spoke in exercise of the right of reply.

The Council is holding a full day of meetings today. At 3 p.m., it will consider the outcomes of the Universal Periodic Review of Estonia, Paraguay and Denmark.

General Debate on Human Rights Situations that Require the Council’s Attention

International Islamic Federation of Student Organizations said that the criminal silence on the part of the Council over the situation in occupied Jammu and Kashmir was worrisome. The people suffered from sexual molestation and total restrictions on their freedom of opinion and assembly. The Government of India had not brought to justice any perpetrators. There had been attempts to tamper with the demography of Kashmir, by settling Indian soldiers. The Government of India was called upon to stop targeting and killing Kashmiri youth.

World Jewish Congress commended the Commission of Inquiry on Syria for shedding light on various atrocities committed in the country. Much more needed to be done on protecting human rights; the Council needed to be proactive in that regard. Civilians and particularly minority groups in Syria had suffered from ISIS, the regime, Hezbollah and others. It was vital that actions be taken to ensure that all actors in the Syrian war respected the rights of civilians.

CIVICUS remained deeply alarmed by the efforts to undermine civil society around the globe. The Government of Egypt was undertaking continuous measures to undermine peaceful assembly, freedom of expression and the work of lawyers. In light of those concerns, the Government of Egypt was called upon to immediately release those arrested for exercising their rights. Bahraini authorities had arrested, forced into exile or imposed travel bans on a number of human rights defenders.

Il Cenacolo raised concerns about abuses by armed militias such as Daesh, Boko Haram and the Polisario. On the latter, Il Cenacolo condemned human rights abuses, including torture and sexual exploitation against Sahrawi women and girls in the Tindouf Camp. The Council should exercise pressure on Algeria so that the rights of Sahrawi women were respected.

Rencontre Africaine pour la défense des droits de l’homme said that Boko Haram was still inflicting terror on the civilian populations, and underlined the need to combat terrorism in the Sahel region. It called for accountability for those responsible for atrocities, as well as for the release of all prisoners. In Libya, migrants continued to be exploited by criminals. It was important that human corridors were opened for migrants.

Association Bharathi Centre Culturel Franco-Tamoul made an urgent call in favour of Tamil refugees stuck in international borders, and urged the Australian Government to protect them. Tamil refugees in India were subjected to harassment and unlawful detention in refugee camps. These Tamil refugees had fled Sri Lanka because of systematic violations against them.

United Nations Watch said that the Council had heard the credible report about the genocide being committed against the Yazidi and asked where was the drive to urgently address this situation and where was the moral outrage of the world. Why was the United Nations shocked at the crimes committed by Hammas and why was the United Nations failing to act?

International Service for Human Rights said that the work of the Council to recognize victims and hold perpetrators accountable was crucial, but often this work was highly driven by political agendas and it was not sure which added value this Council could have in addressing the real situation on the ground.

World Barua Organization said that in India the Hindu society had institutionalized discrimination through the caste system, which provided an ideal situation for the rise of fascism. World Barua Organization spoke about violence against the Dalits, and drew the Council’s attention to the plight of Dalits in India.

Agence Internationale pour le Développement drew attention to the situation of Mauritanian citizens kidnapped and tortured by the Polisario Front. The silence regarding those terrible atrocities needed to be broken. Most of the torturers were now occupying senior positions in the Polisario Front. The international community was asked to establish a commission of inquiry on the committed crimes by the Polisario Front.

Khiam Rehabilitation Centre for Victims of Torture stated that many Shia in Bahrain were being discriminated against, and a prominent Shia cleric had been stripped of his nationality. The international community was urged to take serious measures to put pressure on the Government rather than just voicing concern. Other dissident voices were being arrested or deported, which showed the Government’s failure to implement the Council’s recommendations.

International Organization for the Elimination of All Forms of Racial Discrimination said that the campaign of indiscriminate shelling by the Iraqi Army in Falluja was causing a large number of civilian casualties and suffering. A number of cases of arbitrary detentions had also been noted. Such actions were not isolated incidents, as claimed by the Iraqi authorities. Testimonies by those released showed that they had been targeted because of their ethnic background.

International Muslim Women’s Union raised the issue of the right to self-determination of the people of Jammu and Kashmir, where the right to life, the rights of women, and the right to education were threatened by Indian security forces. Children and men were used as weapons of war, and were torturing, raping and killing women and girls. The Council should take action, as India would never honour its commitments made at the Security Council.

Africa Culture Internationale said that Baluchistan was in a state of crisis, as people continued to face military occupation, extrajudicial killings and enforced disappearances. They had to be empowered with sovereignty in order to be able to lead their own development.

Association Solidarité Internationale pour l’Afrique raised concerns about the killing of Tamil people in India, as well as reports of missing Tamil workers. It also referred to caste-based honour killings, which were on the rise in the State of Tamilnadu in India, which largely happened when a member of the oppressed Dalit caste married a member of another caste.

Association Burkinabe pour la Survie de l’Enfance stated that the notorious Terrorist Investigation Division of occupying Colombo had detained at least 23 Eezham Tamils from north and east at various prisons since March 2016. The recent arrest of V.S. Sivakaran, the outspoken critic of genocidal Colombo, was a matter of serious concern.

Arab Commission for Human Rights said hundreds of thousands of Syrian refugees were facing all kinds of mistreatment, in spite of the neighbours doing their best to help. Racist voices were being heard against those refugees. A number of Africans and north Africans on the coasts of Italy were also experiencing mistreatment. In Yemen, extrajudicial killings and unlawful detentions were taking place on a daily basis.

Cairo Institute for Human Rights Studies said that the international community was failing the people of Yemen on a large scale. Humanitarian aid was frequently obstructed by parties to the conflict. Yemen, like Syria, had become hell for many innocent people, which had not been unavoidable. The creation of an international investigation was long overdue; failure to do so would only extend human suffering.

International Educational Development, Inc. continued to be preoccupied about the situation of the Hmong population in the Lao People’s Democratic Republic. They had been subjected to mass murder and extrajudicial killings. The authorities had not made efforts to address the issue, and continued to make the living conditions of the Hmong in their traditional land terrible. The Council should appoint a Special Rapporteur on the situation in the Lao People’s Democratic Republic.

International Youth and Student Movement for the United Nations condemned atrocities by the Islamic State, noting that these were a consequence of the United States’ invasion and failed occupation of Iraq. It further expressed concerns about human rights violations perpetrated by the Iraqi Government and affiliated militias while combatting the Islamic State. Perpetrators from all sides should be held accountable. The Council should dispatch a Commission of Inquiry to investigate all violations in Iraq.

Human Rights House Foundation acknowledged the release from prison of several leading human rights defenders in Azerbaijan. All charges against them should be dropped. Azerbaijan’s practice of arbitrary detention showed that the judiciary was not independent. There was no acceptance of peaceful dissenting voices. The authorities should be creating an enabling environment for human rights defenders. They should cooperate with the Special Rapporteur on human rights defenders.

Asian Forum for Human Rights and Development said that as Cambodia was approaching the twenty-fifth anniversary of the peace accords, many human rights obligations remained unfulfilled. The Council was called upon to work preventively to avoid any further deterioration. In Thailand, open public debate on the draft constitution was restricted. Thailand should be urged to ensure that the constitution-drafting process was open. The killing of critical voices and minorities in Bangladesh was a matter of grave concern.

Article 19 – International Centre against Censorship was concerned that in Russia freedom of expression on the Internet was under attack. Pressure had been increased on private ICT actors to remove or block content. More than 500,000 websites were currently inaccessible because of the over-blocking. Content was often targeted on ambiguous bases, contrary to international human rights law. Bloggers with more than 3,000 followers were requested to register and comply with regulations.

Pasumai Thaayagam Foundation raised concerns about arbitrary detention, unfair trial and torture in detention in Sri Lanka, and called on the Government to provide free and fair trial and to release those detained without charges. It urged the international community to ensure that Sri Lanka’s legislation was in conformity with international human rights standards.

Commission africaine des promoteurs de la santé et des droits de l’homme said that people in Jammu and Kashmir continued to face systematic human rights violations, including murder, rape, disappearances and arbitrary detention at the hand of the occupying forces. The Council should support a resolution on the Kashmir dispute, in accordance with Security Council resolutions.

International-Lawyers.Org raised the issue of climate change, which was causing human rights violations across the globe, and causing poverty and insecurity, as well as impeding the realization of the right to development. The Council should create a Special Rapporteur on human rights and climate change.

Fondation Danielle-Mitterrand - France Libertés said Moroccan authorities were limiting the movement of citizens in Western Sahara, and that the Fondation was prohibited. The speaker said he was a part of the media team but because of his campaigning had been deprived of his job as a teacher. There was discrimination when it came to employment, natural resources were being pillaged, and the support of the international community was needed.

Syriac Universal Alliance said that Arameans were among the victims of militant Islamic organizations such as ISIS, and had been reduced from a substantial majority to a vulnerable and threatened minority in their homeland. The Human Rights Council was urged to ask the Security Council to acknowledge the genocide perpetrated by ISIS against Yazidis, Arameans and other vulnerable minorities.

East and Horn of Africa Human Rights Defenders Project decried the continuing deterioration of the situation of human rights defenders in Burundi, noting that over 100 journalists were now refugees due to fear they would be disappeared or killed. In Ethiopia, the use of anti-terror measures was indicative of the Government’s growing intolerance of dissent. The Human Rights Council was urged to support an international investigation regarding the legitimate activities of human rights defenders in Ethiopia.

Organization for Defending Victims of Violence said that there were more than five million Syrian refugees today. Efforts by the Special Envoy for Syria were appreciated. Serious violations continued to take place, and countless people were still missing. The international community ought to take a more proactive approach and provide more support to the suffering Syrians, while increasing efforts to end the war in Syria.

Society for Development and Community Development was concerned about the reports on the use of cluster bombs in northern Sri Lanka during the civil war. Such findings emphasized the need for an international investigation while Sri Lanka was trying to destroy the evidence. Structural genocide in the Tamil area was continuing, including the colonization of Tamil lands. There was no news on more than 100,000 people who were unaccounted for.

Association des étudiants tamouls de France stated that there were more than 85,000 Tamil widows and numerous orphans in Sri Lanka. Three years after the end of the war, the United Nations had identified its own serious failure to protect civilians. An important report on human rights violations stated that the authorities had not been held accountable for the committed atrocities. The right to self-determination was fundamental.

Union of Arab Jurists said that the situation of human rights required an objective and impartial investigation. Terrorism inflicted by a radical retrograde movement had dramatically changed the situation in Syria. Historic heritage going back thousands of years was being destroyed. It was very important that there was no secrecy regarding the real perpetrators. No pretext for an outside intervention should be provided.

Indian Council of South America called on Bolivia to open engagement with indigenous peoples. It further called on the Holy See to address the residual effects of a 1493 decree. Alaska should be re-enlisted as a non-self-governing territory. The United States was called on to begin decolonising Alaska and Hawaii.

Society for Threatened Peoples expressed concern about violations of the right to freedom of expression in areas where Tibetans lived, where any opinion other than that of the Chinese Government was considered subversive. Article 35 of the Chinese Constitution ensured freedom of speech, but the situation on the ground was different. China’s new law on foreign non-governmental organizations put freedom of expression under serious threat.

Al-Hakim Foundation said that cultural rights were legally protected, and the intentional destruction of cultural heritage was a violation of human rights. Cultural heritage was a non-renewable resource, and it was the responsibility of the international community to preserve for the future what the past had done. The Human Rights Council was urged to cooperate with the United Nations Educational, Scientific and Cultural Organization and coordinate to reach efficiency on that issue. It was noted that legally binding instruments would have no effect on ISIS which did not abide by the law.

B’nai B’rith expressed worry over the situation of the Jewish people on the European continent, who were facing a very precarious situation. It was time for the international community to take real action. Countering bigotry should be high on the agenda of the Human Rights Council. Teaching children to respect others from an early age was the key. Anti-Zionism was the new anti-Semitism, signs of which had also been seen in the Council.

OCAPROCE Internationale had always played a key role in the protection of human rights and was now bringing the world’s attention to the radicalization of young people. Young people living in very difficult conditions of neither war nor peace in Sahel were exposed to influence of the Al Qaeda network. The impunity and social injustice had led young people to adopt radical values. They needed to be given hope.

Brazilian Gay, Lesbian and Transgender Association said that the current Brazilian crisis could have a negative effect on the rights of lesbian, gay, bisexual, transgender and intersex persons. The relegation of human rights during the interim Government was decried. It was inadmissible that solutions were motivated by punitive approaches. Reproductive and sexual rights were also threatened. It was regrettable that only white men had been appointed to the highest echelons of the current Government.

Women’s Human Rights International Association expressed deep concern about the rising number of executions in Iran. Executions had surged to nearly 2000 in 2015. The country had the highest number of executions per capita in the world. Concerns were also expressed about the situation of the right to freedom of expression, among other human rights.

Mbororo Social and Cultural Development Association said that the human rights situation in northern India was deteriorating. Simple and peace-loving indigenous people were suffering. The migratory population was poor and land-hungry. Indigenous people were demanding a separate state under an article of the Indian constitution.

Fundación Latinoamericana por los Derechos Humans y el Desarollo Social was speaking on behalf of people who had died in Guarimba in Venezuela in 2013 and 2014. Violent groups had placed barbed wire on the ground. Women, men and children were victims of the violence of the opposition. All sectors of society were urged not to use violence.

Reporters sans frontières – international, speaking on behalf of 32 organizations, was stunned at the arrest of its representative and his colleagues in Turkey. Erol Onderoglu had been accused of terrorist propaganda for trying to shed light on the Turkish military operations in south-east Anatolya. The previous day, the Turkish delegation stated that Turkey fully upheld freedom of expression. Turkey should respect its own commitments by immediately and unconditionally releasing Mr. Onderoglu and his colleagues.

Association Mauritanienne pour la promotion du droit stated that, although the Human Rights Council remained focused on Sri Lanka, it had failed to bring out the truth so far. The Tamil people had been demanding an international justice mechanism at the International Criminal Court. The Tamils in the north-east had become disillusioned with the delivery of international justice, which ought to start with demilitarization.

Jubilee Campaign welcomed the report of the Commission of Inquiry on Eritrea. Violations in Eritrea were wide-ranging and included rape, murder and involuntary disappearances, depriving hundreds of thousands of people of their human rights. Deep concern was expressed over recent European migration policies, which were portraying Eritrean refugees as purely economic migrants. The Special Rapporteur’s mandate ought to be renewed.

Agence pour les droits de l’homme spoke about an incident involving Nigeria and a blockade which was alleged to have led to a loss of life. The blockade had been a false flag operation against citizens. The Council should not stay silent, but take steps including supporting the victims, and exposing human rights violations and related corruption. The Nigerian army was the real Boko Haram.

Amnesty International said the Council had yesterday heard a very disturbing presentation by the Commission of Inquiry on Eritrea, noting that those suspected of criminal responsibility for crimes against humanity continued to enjoy impunity. The Council was urged to follow-up on the Commission’s recommendations, keeping the situation in Eritrea on the agenda.

Right of Reply

Brazil, speaking in a right of reply, strongly disagreed with the Brazilian Association of Gays, Lesbians and Transgender Persons. Brazil, like all countries, faced human rights challenges, but all violations were looked into and perpetrators brought to justice. In a vibrant democratic society, all views needed to be heard. The Association was invited to engage with the Government in that process.

Burundi, speaking in a right of reply, was outraged over Iceland’s statement which had been based on erroneous information on the situation in Burundi. The situation in Burundi had improved significantly, and everybody was free to go about their daily lives. Many people who had left the country were gradually returning.

Nigeria, speaking in a right of reply, denied the allegations by a non-governmental organization that the Nigerian military was Boko Haram. The incident which had happened in Zaria had been a result of the disregard for law and constitutional authority. How could people belonging to a Shia sect prevent the Chief of Staff from passing through a public area? The sect had fired shots at the Nigerian Army, and what the Army had done was to assert the rule of law and constitutional order.

Documentation

The Council has before it the Report of the Forum on Business and Human Rights on its fourth session (A/HRC/32/46).

The Council has before it the Report of the Office of the United Nations High Commissioner for Human Rights on the Expert workshop to review the mandate of the Expert Mechanism on the Rights of Indigenous Peoples (A/HRC/32/26). This report was presented by the Deputy High Commissioner on Human Rights on Monday, 20 June and a summary can be found here.

Presentation of Report on the Fourth Annual United Nations Forum on Business and Human Rights

KARIM GHEZRAOUI, Chief, a.i. of the Special Procedures Branch of the Office of the High Commissioner for Human Rights, presented the report of the fourth annual United Nations Forum on Business and Human Rights, held in November 2015. The organization of the Forum was guided by the Working Group on the issue of human rights and transnational corporations and other business enterprises. The annual Forums had become the world’s largest and most diverse global gathering on business and human rights, bringing together government officials, business representatives, civil society groups and community representatives. The 2015 Forum had attracted a record 2,400 participants from 130 countries.

The theme of the 2015 Forum had been “Tracking progress and ensuring coherence on business and human rights”, with discussions focusing on six key areas. A number of observations and recommendations had been made. It was concluded that the Guiding Principles adopted by the Human Rights Council five years earlier had been a “game changer”, clarifying the roles and responsibilities of Governments and companies. The Forum had also underlined that much more needed to be done to ensure that the Guiding Principles were implemented in practice. It had also been highlighted that too little progress had been made with regard to “access to remedy” and how constructive multi-stakeholder engagement was an effective way of improving human rights protection.

In the rapidly developing field of business and human rights, the annual Forums provided an opportunity to take stock of ongoing efforts and new opportunities, and to discuss how different actors could implement the Guiding Principles in practice. The 2016 Forum, to be held from 14 to 16 November, would have the overall theme of “Leadership and Leverage: Embedding human rights in the rules and relationships that drive the global economy”. All relevant stakeholders were invited to make proposals for a session that related to the Forum’s overall theme and focus areas. States could also nominate candidates for the chairperson role of the 2016 Forum, who should come from the Eastern European regional group.

General Debate on Human Rights Bodies and Mechanisms

India, speaking on behalf of the Like-Minded Group, said that Special Procedures constituted an important mechanism of the Council and stressed that they must be truly impartial and carry out their duties in conformity with the Code of Conduct. The remarks and comments of mandate holders should conform to their mandates and the outcomes of their efforts needed to be constructive and not driven by ideological and ulterior motives. The selection of mandate holders should ensure equitable geographic representation, as well as the representation of different legal systems.

Slovenia, speaking on behalf of the Core Group on Human Rights and the Environment, drew attention to the methods of implementing human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment as identified by the Special Rapporteur on human rights and the environment. The forums in which the human rights community and the environmental community could come together to share views should continue, and one such opportunity was the inclusion of a dedicated discussion on human rights and the environment in the framework of the annual Forum on Business and Human Rights.

Netherlands, speaking on behalf of the European Union, said that it would continue to support and defend the integrity, independence and functioning of the Office of the High Commissioner for Human Rights and called upon the Council to continue to increase its scrutiny of human rights situations of concern and play a key role in calling for accountability and independent human rights monitoring. The European Union expressed concern about the disturbing picture of threats and reprisals against individuals and civil society groups as depicted in the Special Procedures’ joint communications reports HRC 32/53.

Portugal, speaking on behalf of the Group of Friends of Economic, Social and Cultural Rights, expressed its commitment to strengthen the enjoyment of economic, social and cultural rights without discrimination of any kind, and to continue collaborating with the Office of the High Commissioner for Human Rights on this issue. Special Procedures were highly important for the promotion of economic, social and cultural rights, and all States should support mandate holders. All stakeholders should continue their engagement for the promotion of economic, social and cultural rights.

Dominican Republic, speaking on behalf of the Community of Latin American and Caribbean States, welcomed the initiatives by the Expert Mechanism, and encouraged all parties to engage in strengthening its mandate. The Community reiterated its commitment to the rights, including the collective rights, of indigenous peoples. Engagement with the Expert Mechanism would strengthen the implementation of the Declaration on the Rights of Indigenous Peoples.

Norway, speaking on behalf of Nordic countries, believed that the mandate of the Expert Mechanism had to remain complementary to other mandates relating to indigenous issues, and had to continue addressing the issue from a human rights perspective. It encouraged the Expert Mechanism to be involved in technical assistance activities for States, and to facilitate constructive dialogue between Member States and indigenous peoples at the national level.

Pakistan, speaking on behalf of the Organization of Islamic Cooperation, underlined the important role of Special Procedures of the Council for the promotion of human rights, and stressed the importance that mandate holders abide by the principles of transparency, impartiality and non-selectivity. It was also crucial that the appointment of mandate holders respected these principles, and gave due consideration to geographical balance, gender equality and to the variety of legal systems. The Organization underlined the importance that attention be given to the right to development, and noted that funding from extra budget resources may threaten the independence of the Special Procedures.

Cuba said that the process toward adopting a treaty would not undermine the Guiding Principles. An international treaty would fill legal gaps, ensuring that transnational corporations respected human rights. Cuba supported a legally binding instrument on business and human rights. Cuba was proud to draw attention to the signature today of an agreement on the ceasefire between the Government of Colombia and the People’s Army of FARC, which was the culmination of the peace dialogue.

Mexico welcomed the report from the Office of the High Commissioner for Human Rights and the stress it laid on strengths and failings of the Expert Mechanism on the Rights of Indigenous Peoples. Mexico was convinced that discussions during that workshop would be valuable during the ninth session and during the thirty-third session of the Human Rights Council, and restated its commitment to more effectively promote respect for human rights, in line with what was set out in paragraph 28 of the outcome document.

Russian Federation expressed gratitude for the organising of the seminar reviewing the mandate of the Expert Mechanism on the Rights of Indigenous Peoples and the relevant report, where experts and States and indigenous people had been able to discuss how to resolve problems. Essentially, the seminar had given rise to a sound basis for further work as regards a review of the mandate to enhance its effectiveness.

China acknowledged the unique role of the Social Forum and applauded its discussion on the access to health and medicines. This year’s Social Forum should enjoy the equal enjoyment of all of basic freedoms and rights and China encouraged it to provide more opportunities for participation by organizations from developing countries. China called upon countries to implement their obligations contained in the United Nations Declaration on the Rights of Indigenous People in the context of the 2030 Sustainable Development Goals.

Venezuela stressed the need for greater participation of actors in the Forum on Business and Human Rights and especially the participation of those whose rights were violated by business operations and companies. Venezuela supported the creation of international binding mechanisms on business and human rights as a mean to ensure accountability for violations by corporations and restitution and reparation for victims. Venezuela restated its support to the mandate given to the Expert Mechanism on the Rights of Indigenous Peoples and said that any changes to the mandate must be done with the agreement of all Member States.

Bolivia said it was vital to review the Expert Mechanism on the Rights of Indigenous Peoples with the aim of really following up on the achievements of the United Nations Declaration on the Rights of Indigenous Peoples, particularly in light of the historic injustice that indigenous people suffered, and the violations of their rights. There was a need to set up a procedure though which indigenous people could systematically participate in the United Nations discussion on indigenous issues.

Ecuador expressed support for a legally-binding international instrument on transnational companies and human rights, and noted the complementary nature of the Inter-Governmental Working Group and the Expert Mechanism. Both processes had common grounds that needed to be used to strengthen the international framework in this area.

Norway remained deeply concerned about acts of intimidation or reprisals against those who cooperated with United Nations human rights mechanisms. Such acts were inadmissible and needed to be ended immediately, as they constituted a direct attack against the United Nations. The time had come to appoint a system-wide mechanism to address the issue of reprisals.

United States strongly supported the strengthening of the Expert Mechanism, and welcomed the report by the Office of the High Commissioner for Human Rights. The United States said it was critical to strengthen the relationship between the Expert Mechanism and the Special Rapporteur on indigenous issues. The United States supported the proposal that the Expert Mechanism could engage in country-specific situations, and that it engage in technical assistance with States.

Chile said that the aim was to strengthen the mandate of the Expert Mechanism on the Rights of Indigenous Peoples, but believed there needed to be gender balance in the selection process. The number of experts should be increased to seven. It was vitally important to strengthen the Secretariat team. The Expert Mechanism on the Rights of Indigenous Peoples needed to strive toward better cooperation with work done with the Permanent Forum on Indigenous Affairs, and it needed to prepare a global report that compiled good practices from States.

Council of Europe said that recommendations regarding business and human rights were adopted earlier in 2016, adding that the Council of Europe recommendations also provided some thematic guidance as to the protection of workers and human rights defenders, among others. The Council of Europe always welcomed the continued interest showed by the United Nations for the Council of Europe activities.

Australia welcomed the review of the Expert Mechanism on the Rights of Indigenous Peoples mandate and said it considered that the Expert Mechanism, along with the Special Rapporteur on indigenous peoples and the Permanent Forum, should be complementary, without duplication of effort. The Expert Mechanism on the Rights of Indigenous Peoples should support States on the rights of indigenous peoples, and could carry out that function through a self-assessment checklist which would help States identify strengths and weaknesses. States could share information and best practices.

New Zealand said that the changes in the mandate of the Expert Mechanism on the Rights of Indigenous Peoples should be aimed at creating a more effective and fully representative mechanism that coordinated and interacted better with relevant agencies, mechanisms and mandate holders. Any revisions to the Expert Mechanism must reflect the precise legal status of the United Nations Declaration on the Right of Indigenous Peoples. The mandate must remain complementary to the mandates of other indigenous-specific United Nations mechanisms, and any duplication must be avoided.

Holy See said that there were good reasons for international law to dedicate attention to the relationship between human rights and businesses, especially because big international corporations could abuse the current weaknesses of the international legal systems in relation to their accountability. The starting point in any international mechanism must be the respect for fundamental freedoms and human rights, and people and their dignity must be put at the centre.

Hungary applauded the launch of the Accountability and Remedy Project in 2014 to provide remedy to victims of human rights violations by businesses, and said that the Eighth Budapest Human Rights Forum in 2015 had highlighted the practical challenges of the responsibility to respect, protect and remedy and in the implementation of the United Nations Guiding Principles on Business and Human Rights. Hungary had adopted a legislative framework for the implementation of the United Nations Guiding Principles and called upon all States to do so.

Ireland said that multi-stakeholder discussions were essential on the issue of business and human rights. It expressed concerns about violence against human rights defenders working in the field of economic, social and cultural rights, and stressed that access to remedy for business-related human rights abuse was crucial. Ireland recalled the obligation of all States to protect all persons collaborating with the United Nations.



For use of the information media; not an official record

HRC16/088E