HUMAN RIGHTS COUNCIL HOLDS INTERACTIVE DIALOGUE ON THE RIGHTS OF OLDER PERSONS, AND ON THE USE OF MERCENARIES

The Human Rights Council today held an interactive dialogue with the Independent Expert on the rights of older persons, Rosa Kornfeld-Matte, and with Elzbieta Karska, Chair-Rapporteur of the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination. The Council concluded its clustered interactive dialogue with the Special Rapporteur on truth, justice, reparation and non-recurrence, and with the Working Group on Enforced Disappearances. It also heard an address by Igor Luksic, Deputy Prime Minister and Minister of Foreign Affairs in Montenegro.

Igor Luksic, Deputy Prime Minister and Minister of Foreign Affairs of Montenegro, said that during its membership in the Human Rights Council, Montenegro had improved its visibility as an advocate for human rights and freedoms worldwide, and had also improved its own national capacities for dealing with human rights issues. Montenegro expressed strong support for the Universal Periodic Review mechanism, the principle of non-discrimination, particularly on the basis of gender identity and sexual orientation, and the abolition of the death penalty.

In the presentation of her report, Ms. Kornfeld-Matte said that the aging of the population raised new questions about the needs and rights of older persons and stressed the importance of autonomy, including judicial capacity, which allowed for the exercise of the rights of older persons, and the existence of a solid system of social protection. The institutionalization of care and related lack of mechanisms for consent and respect for decisions of older persons were challenges that persisted. The Independent Expert briefed the Council about her country visits to Slovenia, Austria and Mauritius.

Ms. Karska presented a study of national laws regarding private military and security companies, which found that each country included in the study approached the privatization of the security industry differently, which resulted in patchy and inconsistent regulation. It identified regulatory gaps which might result in serious undermining of the rule of law and the accountability of private military and security companies personnel for violations of the law and stressed that a comprehensive, legally binding international regulatory instrument was the best way to ensure consistent regulation worldwide and adequate protection of the human rights of all affected by the activities of private military and security companies. The Chair-Rapporteur spoke about the Working Group’s visit to Côte d’Ivoire.

Austria, Mauritius, Slovenia and Côte d’Ivoire spoke as concerned countries.

In the ensuing discussion on the rights of older persons, delegations said that issues of autonomy, care and elder abuse were matters of crucial importance. Challenges that older persons faced needed to be addressed accurately, including in humanitarian crises, as elderly were often the most vulnerable. Speakers said that the Independent Expert’s conclusions and recommendations provided very useful guidance for governments in designing and implementing all-encompassing human rights-based policies for the protection of all human rights of older persons. The so-called “population ageing” phenomenon presented for the international community not only a challenge but an opportunity to recognize the improvements made in health care access and quality of life and the contribution that older persons could make in the society.

On mercenaries, a speaker expressed regret at the lack of conceptual clarity in the mandate of the Working Group which entertained the confusion between activities of mercenaries and the activities of private military and security companies. The existence of loopholes in the regulatory framework that governed private military and security companies was raised as an issue of concern and speakers agreed that a binding international instrument was the best way forward in ensuring their accountability.

The following delegations participated in the clustered interactive dialogue: Pakistan on behalf of the Organization of Islamic Cooperation, the European Union, Algeria on behalf of the African Group, Paraguay on behalf of the Common Southern Market, Ecuador on behalf of the Community of Latin American and Caribbean States, Paraguay, Egypt, Council of Europe, Morocco, Portugal, United States, Turkey, South Africa, Sierra Leone, Georgia, Philippines, Venezuela, Iran, Gabon, Italy, Holy See, Mali, India, Malta, Namibia, Algeria, Cuba, Qatar, Russia, Switzerland, Australia, Singapore, Benin, Chile, China, Botswana, Saudi Arabia, Malaysia, Kuwait, Bolivia, United Kingdom, Thailand, El Salvador, Ireland, Ukraine, Indonesia, Argentina, Viet Nam, Djibouti, Sudan, and Estonia.

Also speaking were the National Human Rights Commission of Korea, in a video statement, and the European Network of National Human Rights Institutions, as well as the following non-governmental organizations: Alsalam Foundation, International Longevity Centre Global Alliance, COC Netherlands (joint statement), Help Age International, Association for Defending Victims of Terrorism, Mbororo Social and Cultural Development Association, Liberation, Iranian Elite Research Centre, World Barua Organization, Global Networks for Rights and Development, Maarij Foundation for Peace and Development, International Commission of Jurists, Arab Commission for Human Rights, Cameroon Youths and Students Forum for Peace, and Africa Culture Internationale.

At the beginning of the meeting, the Council concluded its clustered interactive dialogue with the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, Pablo De Greiff, and the Chairperson-Rapporteur of the Working Group on Enforced or Involuntary Disappearances, Ariel Dulitzky. The Council started this interactive dialogue yesterday, 15 September and a summary can be found here.

In the interactive dialogue on the promotion of truth, justice, reparation and guarantees of non-recurrence, delegates said that preventive measures and policies were one of the most important pillars of the guarantees of non-recurrence of gross violations of international human rights and humanitarian law, such as genocide, war crimes, and crimes against humanity. The Special Rapporteur was asked to comment on the role of human rights education in the prevention of mass violations of human rights and fostering guarantees of non-recurrence and how to make better use of the instruments already available in this field.

Speakers shared the Working Group’s concern in relation to under-reporting of cases of enforced disappearances and agreed on the important role of families and civil society in reporting the cases. The growing threats, intimidations, reprisals and mistreatment against human rights defenders working on issues of enforced disappearances, witnesses and families of victims, and their detrimental effect on reporting the cases to the Working Group were also raised as concerns. A speaker noted that in several countries, enforced disappearances were increasingly used not only to punish protest and dissent, but also to intimidate and deter others.

In his concluding remarks, Mr. De Greiff stressed the need for States to shift the balance in human rights work from ex post facto to prevention, and to take prevention of human rights violations as an object of rational policy making. While recognizing the importance of institutional reforms, it was crucial to strengthen civil society. In this sense, the Council should take very seriously the negative trend that had emerged in the last 10 years or so of governments placing all sorts of obstacles and limitations on civil society. It should urge States to strengthen the variety of civil society actors, and strengthen their resilience in times of conflict.

Mr. Dulitzky, in his concluding remarks, highlighted the international community’s collective responsibility to address enforced disappearances and welcomed the cooperation of States in addressing the vast number of cases still pending before the Working Group. The Working Group was working on the relation between migration and enforced disappearances, and how could the situation of migrants exacerbate the suffering caused by enforced disappearances, and was interested in looking into the links between trafficking in persons and enforced disappearances, and into access to transitional mechanisms by the families of disappeared persons.

Speaking were Italy, Uruguay, Albania, Paraguay, Côte d’Ivoire, Australia, Malta, South Africa, International Committee of the Red Cross, Thailand, International Organisation of la Francophonie, Venezuela, Switzerland, Germany, Nepal, China, Botswana, Sweden, Chile, Ukraine, Ireland, Togo, Armenia, Latvia, Ecuador, Estonia, and Iraq.

Also taking the floor were the Northern Ireland Human Rights Commission, and the following non-governmental organizations: Iraqi Development Organization, Canners International Permanent Committee, Amnesty International, Comision Mexicana de Defensa y Promocion de los Derechos Humanos, International Movement Against All Forms of Discrimination and Racism, World Muslim Congress, Khiam Rehabilitation Centre for Victims of Torture, Beijing Children’s Legal Aid and Research Centre, Global Initiative for Economic, Social and Cultural Rights, Pax Romana, International Service for Human Rights, Franciscans International, and Agence Internationale pour le Devéloppement.

The Human Rights Council is holding a full day of meetings today and is scheduled to start at 4 p.m. its clustered interactive discussion with the Special Rapporteur on hazardous substances and wastes and with the Special Rapporteur on water and sanitation.

Statement by Dignitary from Montenegro

IGOR LUKSIC, Deputy Prime Minister and Minister of Foreign Affairs of Montenegro, said that only one year after its independence Montenegro had put forward its candidacy for the membership in the Human Rights Council to demonstrate its commitment to human rights and democratic values. Montenegro had fulfilled many of the long lists of voluntary commitments it had entered into in the run up to the membership, and had improved the visibility of Montenegro as an advocate for human rights and freedoms worldwide. Furthermore, it had improved its own national capacities for dealing with human rights issues. No State should feel threatened by scrutiny and Montenegro strongly supported the Universal Periodic Review mechanism. During its membership, the Council had improved its approach to discrimination, including on the basis of gender identity and sexual orientation, which Montenegro was championing. The issue of the death penalty was at the heart of Montenegro’s human rights agenda and its work in the Human Rights Council.

Montenegro was very concerned about the persistently grave human rights situation in some countries that required constant attention, and that despite constant calls from this Chamber to stop killings, not much progress had been achieved. More effort was needed to end conflicts around the world and bring those responsible to justice. States had the responsibility to improve the human rights of their people and to be accountable, to promote equality, and to have human rights as a benchmark for inclusive development. The contemporary international community was failing to establish new mechanisms to improve human rights. Overcoming the gaps in the protection of human rights on the ground required renewed effort. Montenegro would continue to uphold the highest standards of human rights.

Interactive Dialogue on Truth, Justice, Reparation and Non-Recurrence, and on Enforced Disappearances

Italy asked the Working Group on Enforced Disappearances how the Council could improve its influence in the issue of the protection of human rights defenders from enforced disappearances. Italy asked the Special Rapporteur on truth and justice about the role of human rights education in the prevention of mass violations of human rights and fostering guarantees of non-recurrence and how to make better use of the instruments already available in this field. Uruguay said it had established a Working Group on Truth and Justice with the aim of investigating crimes against humanity committed between 1968 and 1985; the Working Group on Truth and Justice was in conformity with international norms and standards of truth, justice, memory and guarantee of non-recurrence. Albania expressed concern about the wide use of the phrase “Serbia including Kosovo” in the Working Group’s reports and said that the use of this outdated language impeded the Working Group from fulfilling its mandate in conformity with resolution 5/2. Paraguay said it had carried out monitoring efforts in connection with constant and ongoing investigations into enforced disappearances; all enforced disappearances must be brought to light.

Côte d’Ivoire noted the need to adopt policies of non-recurrence, implement judicial capacity building and enforce independence of courts. More technical support provided to States was important in order to better protect people from enforced disappearances and provide them with necessary assistance. Australia welcomed practical actions set out by the Special Rapporteur for the promotion of truth, justice, reparation and non-recurrence. It praised that those actions did not only include institutional reforms, but also social and cultural initiatives. Australia asked the Special Rapporteur how the Council could best provide assistance to States to implement their responsibility to protect human rights. Sovereign Military Order of Malta pointed out the limits of criminal justice in the promotion of truth, justice, reparation and non-recurrence, and noted the need for restorative justice. It was equally important to adapt the promotion of justice and truth to local conditions, and to establish a partnership network between the Government, international organizations and civil society. South Africa concurred with the Special Rapporteur on the elements of a framework for the development of State policies on guarantees of non-recurrence after mass violations of human rights. South Africa shared the view that enforced disappearances violated the economic, social and cultural rights of the disappeared person.

International Committee of the Red Cross stressed the pressing need for individualized responses concerning the fate and whereabouts of the disappeared persons, which was often difficult and always lengthy, but such processes allowed the families to express their own needs and contribute to finding solutions tailored to their individual situations. Thailand said that its draft Act on Prevention and Suppression of Torture and Enforced Disappearances was being considered by the Cabinet, and that in April 2015 a regulation had been issued to establish a Committee to support the existing mechanisms related to the finding of missing persons and identifying unnamed bodies. International Organisation of la Francophonie said it had developed a guide on transition, justice, truth and reconciliation which contained more than 30 examples of national and international mechanisms in use in Francophone countries; the approach was based on the respect of diversity of national systems and contexts. Venezuela said it guaranteed free access to justice as a core human rights, while its Commission for Truth and Reconciliation had the mandate to investigate crimes of torture, enforced or involuntary disappearances and other crimes against humanity committed during the period of 1958 to 1998.

Switzerland welcomed the Special Rapporteur’s contribution on non-recurrence, which was a vital aspect of transitional justice. Switzerland underlined the importance of national, regional and international mechanisms and asked what societal actions should be taken to strengthen civil society. Germany shared the Special Rapporteur’s view on the role of institutions, the legal framework and civil society to ensure non-recurrence, and believed the Council should continue raising awareness on birth registration and strengthening the importance of the judiciary. Germany asked about indicators for high level protection against recurrence of mass violations. Nepal said it had established national commissions dealing with truth, justice and non-recurrence, which would be conducting investigations into human rights violations that occurred during the conflict period, including the case of enforced disappearances. These commissions were functional and would pave the ground for combatting impunity and preventing future abuses. China said every person had the right to truth and reparation, and no government should withhold the truth on important events. Prevention and elimination of enforced disappearances had to be in compliance with domestic laws, and the Working Group had to fully respect States’ sovereignty in order to preserve its credibility.

Botswana agreed with the Special Rapporteur that judicial, legal and constitutional reforms were key to ensuring guarantees for non-recurrence in the aftermath of mass violations of human rights. As for enforced disappearances, cases of reprisals and intimidation of victims and their families were worrying and Botswana called on States to stop such acts. Sweden underlined the importance of three measures in order to uphold non-recurrence: safeguarding the rule of law, strengthening civil society, and emphasizing the preventive potential of educational reform and preservation of archives, arts and culture. Chile noted that the traditional justice process had to be carried out in an accountable manner. Institutional reforms were the normative pillar under which that process would take place. New strategies were needed to eradicate enforced disappearances and Chile emphasized that the lack of education and of access to justice exposed people to enforced disappearances. Ukraine stated that the Russian occupation of Crimea and of the southeast of Ukraine had led to a rise in enforced disappearances, namely disappearances of the Crimean Tatars. There was also an increase of such cases in the Lugansk and Donetsk region. Ukraine was thus ready to continue aiding international efforts to eradicate such crimes within its internationally recognized borders.

Ireland shared the concerns of the Working Group in relation to under-reporting of cases enforced disappearances and agreed on the important role of families and civil society in reporting the cases. Ireland was also concerned about growing threats, intimidations, reprisals and mistreatment against human rights defenders working on issues of enforced disappearances. Togo said that it 2011 it had begun its reconciliation process with the setting up of the Commission on Truth, Justice and Reconciliation, which had recommended profound reform of the judiciary and the army. Armenia said that preventive measures and policies were one of the most important pillars of the guarantees of non-recurrence of gross violations of international human rights and humanitarian law, such as genocide, war crimes, and crimes against humanity. Denial of past crimes created impunity and hindered the efforts and guarantees of non-recurrence and all such attempts should be condemned and addressed accordingly. Latvia expressed concern about the detrimental effects of threats, intimidation and reprisals against victims of enforced disappearances, including family members, witnesses and human rights defenders working on such cases, as fear of reprisals often deterred those concerned from reporting the cases to the Working Group.

Ecuador said it was vital that non-recurrence was translated into government policies, and underlined the importance of due process standards. Ecuador had a Commission to investigate past human rights violations and crimes against humanity, which was mandated to deal with enforced disappearances and combat impunity. Estonia welcomed the Special Rapporteur’s call on States to ratify the Rome Statute. Estonia underlined the primary responsibility of States to investigate and prosecute human rights violations, and it highlighted the importance of civil society in ensuring non-recurrence. Iraq recalled that the Working Group on Enforced Disappearances had applauded the work undergone by Iraq, despite difficulties, to uncover the fate of disappeared persons during the dictatorship.

Northern Ireland Human Rights Commission, in a video message, said the political situation in Northern Ireland had deteriorated, which had had a negative impact on peace efforts by the governments of the United Kingdom and Ireland and was a serious threat to the stability of the devolved institutions. Iraqi Development Organization, in a joint statement, deplored enforced disappearances in Bahrain where security forces subjected persons to short-term detention and forced disappearances. They were often subjected to torture and other human rights violations, and they were forced to sign false confessions. Canners International Permanent Committee stated that enforced disappearances remained one of the most pressing human rights abuses. A prime example of States that used enforced disappearances was Pakistan, where security forces kidnapped, tortured and carried out extrajudicial killings. Amnesty International noted that Sri Lanka had to ensure the accountability of perpetrators of crimes and demonstrate its commitment to truth, justice, reparation and non-recurrence. The Government should ensure the speedy conclusion of proceedings, repeal the Terrorism Act and enforce command responsibility. Close monitoring of the process of reconciliation was essential. Comisión Mexicana de Defensa y Promoción de los Derechos Humanos, Asociación Civil, regretted the lack of progress in the implementation of the Working Group’s recommendations by the Mexican Government. There was a lack of justice and transparency in criminal investigations, and there was no investigation of serious crimes. There was no guarantee for the right to truth in the country.

International Movement Against All Forms of Discrimination and Racism shared concerns about the transitional justice process in Sri Lanka and urged the Government to incorporate crimes against humanity, war crimes and genocide into the law, to repeal the Prevention of Terrorism Act, and to ratify the Rome Statue of the International Criminal Court. International Association for Democracy in Africa said that ethnic minorities were among those most vulnerable to enforced disappearances and that this practice was followed on a massive scale in Baluchistan province of Pakistan, where the military had retained all key functions and blocked the efforts of civil society and media to cover the ongoing human rights violations. World Muslim Congress noted that so far about 7,000 mass graves had been unearthed in Jammu and Kashmir and said that India had failed to respond to the calls of the international community to investigate enforced disappearances and to allow the Working Group to visit the country. Khiam Rehabilitation Center for Victims of Torture said that Bahraini authorities continued to violate the right to freedom, and strongly condemned the continued enforced disappearances, particularly of children.

Beijing Children’s Legal Aid and Research Center said the rule of law was improving in China, including through reforms of the criminal code, and demanded that the international community respect the independence of the judiciary in China. Global Initiative for Economic, Social and Cultural Rights said defenders of economic, social and cultural rights, particularly those working on extraction or land issues, were highly vulnerable to human rights abuses, including enforced violations, and needed specific protection and attention from States. Pax Romana expressed concerns over enforced disappearances in Nepal that had not been solved, regretted that the Commissions dealing with transitional justice and reparations were not yet functional, and drew the Council’s attention towards religious freedom in the country. International Service for Human Rights was deeply concerned over attacks, arbitrary detentions and enforced disappearances against human rights defenders working on economic, social and cultural rights, including land grabbing issues. It outlined the role of businesses in addressing this issue, and underlined the responsibility of States to protect all human rights defenders.

Franciscans International, in a joint statement, warned that the Mexican Government’s Southern Border Programme did not seek to protect human rights, but to prevent human transit towards the United States. It called on Mexico to review its migration and asylum policies in a transparent and democratic manner, and to cease the implementation of the border programme. Asian Forum for Human Rights and Development, in a joint statement with Franciscans International and International Movement Against All Forms of Discrimination and Racism welcomed the Sri Lanka Government’s will to prosecute those responsible for crimes against humanity, including forced disappearances. Ensuring the credibility of the proposed reconciliation process was key, and it could not be legitimate without the full participation of victims and their families. Agence internationale pour le développement underscored that sadly enforced disappearances took place around the globe. In areas of occupation, such as Jammu and Kashmir, security forces took people from the streets and subjected them to torture and other maltreatment, even death. Impunity found legal justification in public safety acts.

Concluding Remarks on Truth, Justice, Reparation and Non-Recurrence, and on Enforced Disappearances

PABLO DE GREIFF, Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, said that most human rights work was still done ex post facto, and focused on violations after they had taken place. Considering that there were harms that could not be undone, there was a need to shift the balance and give more ex ante, preventive character. But the world was far from being there, and that was why the report aimed to promote the idea of prevention not only as an aspiration, but as an object of rational policy making. There was quite a bit of knowledge about initiatives aimed at preventing human rights abuses, but the information about them was badly dispersed, there was no reporting or monitoring on the activities, while the sources of advice or support for the implementation of prevention activities were completely fragmented. One such example was the proliferation of the human rights preventive discourse in the United Nations system alone, in which individual discourses rarely made a contact with one another. States that seriously intended to take a preventive approach did not know where to go to seek advice and technical expertise. What the Council could do in this regard was to start to seriously take up the idea that prevention was an area where serious political work could be done, invite States to seriously take up the idea of redress, and rebalance the focus from redressing to preventing.

Discussions on prevention were overwhelmingly dominated by discussions on institutional reforms, which were important, however, it would be a mistake to think that institutional reforms alone would be a sufficient protection from the violations of rights in the future. So, one dimension that the Council should take up seriously was the field of interactions of interventions that circled around efforts to strengthening civil society, which were crucial to redress. There was an important preventive function that civil society could play, including to ensure that individuals were not feeling alone in facing institutions and perpetrators. To begin with, the Council should take very seriously the very negative trend that had emerged in the last 10 years or so of governments placing all sorts of obstacles and limitations on civil society. In addition to removing the obstacles placed on civil society, it was important to strengthen the many other actors of civil society, in addition to non-governmental organizations, such as religious or labour organizations, and to also strengthen their resilience and contributions. With regards to the situation in Burundi, the international community must not sit still while the crisis pushed 190,000 persons to leave their country of origin because their rights were not guaranteed. The international community could not just sit and watch a major crisis in a very vulnerable part of the world develop before its eyes. What was at stake, was a disaster of major proportions. The Human Rights Council must think creatively about solutions that might avert the crisis immediately, the Security Council must take action as well, but it was important to understand that time was running out. In Sri Lanka, a significant part of the population had been given no reason for many years to trust the institutions, and a lot remained to be done, including through the continued engagement of the Council.

ARIEL DULITZKY, Chairperson-Rapporteur of the Working Group on Enforced or Involuntary Disappearances, said every day the Working Group received new cases of enforced disappearances; thousands of families were suffering because they did not know where their beloved ones were. He highlighted the international community’s collective responsibility to address enforced disappearances. Regarding the Working Group’s visit to the Balkans, he welcomed the authorities’ willingness to collaborate and strengthen regional cooperation. There was no other way than regional cooperation to address the needs of the families. He welcomed the Mexican authorities’ commitment to continue its work with the Working Group, and said it would follow up closely the outcome of the investigations on the case of the disappeared students. The Chairperson thanked the Government of Morocco for inviting the Working Group. There was a vast number of cases of enforced disappearances before the Working Group that were still pending, and the collaboration of States was welcome. Mr. Dulitzky welcomed the support received from a number of delegations regarding the Working Group’s focus on economic, social and cultural rights, and emphasized the importance of this issue and of holistic, comprehensive government politics to address both the symptoms and causes of enforced disappearances. The Working Group was also working on the relation between migration and enforced disappearances, and how could the situation of migrants exacerbate the suffering caused by enforced disappearances. It was also interested in looking into the links between trafficking in persons and enforced disappearances, and into access to transitional mechanisms by the families of disappeared persons. It was absolutely vital that civil society organizations could operate freely, he said. He then emphasized the importance of coordination between United Nations human rights mechanisms to address enforced disappearances. Disappearances were not an issue from the past, they continued today, and the wounds remained open. There was no more time left for empty promises, and now was the time to adopt clear policies with the needs of victims at their centre.

Documentation

The Council has before it report of the Independent Expert on the enjoyment of all human rights by older persons (A/HRC/30/43)

The Council has before it an addendum to the report of the Independent Expert on the enjoyment of all human rights by older persons – Mission to Slovenia (A/HRC/30/43/Add.1)

The Council has before it an addendum to the report of the Independent Expert on the enjoyment of all human rights by older persons – Mission to

The Council has before it an addendum to the report of the Independent Expert on the enjoyment of all human rights by older persons – Mission to Austria (A/HRC/30/43/Add.2)

The Council has before it an addendum to the report of the Independent Expert on the enjoyment of all human rights by older persons – Mission to Mauritius (A/HRC/30/43/Add.3)

The Council has before it report of the Independent Expert on the enjoyment of all human rights by older persons - Mission to Mauritius: comments by the State on the report of the Independent Expert (A/HRC/30/43/Add.4)

The Council has before it report of the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination (A/HRC/30/34)

The Council has before it an addendum to the report of the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination - Mission to Côte d'Ivoire (A/HRC/30/34/Add.1)

The Council has before it an addendum to the report of the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination - Comments by Côte d'Ivoire (A/HRC/30/34/Add.2)

Presentation of Reports on the Human Rights of Older Persons and on Mercenaries

ROSA KORNFELD-MATTE, Independent Expert on the enjoyment of all human rights by older persons, said that the aging of populations raised new questions about the needs and rights of older persons. Older persons formed the most heterogeneous among all age groups. Some older persons were of good health and could live independently, whereas others needed assistance because of the loss of mobility or chronic diseases. The question of autonomy was referred to explicitly or indirectly in international and regional instruments. It should be interpreted as the right of an individual or a group of individuals to determine their own rules and preferences. In that sense, judicial capacity was a key aspect of autonomy that allowed for the exercise of other rights, such as the right to participate in social, political, cultural and economic life, continued education and health. In addition, in order to be able to live independently, there should exist a solid system of social protection and the communal environment should be adapted and sensitive towards older persons. There were several challenges persistent in the protection of the rights of older persons, namely types of care and the quality of services. Institutionalization of care and related lack of mechanisms for consent and respect for decisions of older persons was among those challenges.

Ms. Kornfeld-Matte briefed the Council about her country visits to Slovenia, Austria and Mauritius. She commended the Government of Slovenia for its constant commitment to the protection of the right of older persons, and the adoption of several programmes and institutions to that end. She encouraged Slovenia to implement measures to include the Roma population in programmes of social protection and of the fight against poverty, in order to improve their quality of life and to allow them to age with dignity. She also encouraged Slovenia to pursue the process of de-institutionalization of care. Speaking of Austria, she said that despite the robust social protection system, the coordination between various levels of Government, as well as access to and quality care, differed in rural and urban areas. She encouraged the Government to increase efforts to reinforce the autonomy of older persons, namely in accommodation, transport and other public services adapted to their needs. Mauritius was the first African country to have elaborated a national policy on ageing, which provided a solid judicial, institutional and political framework for the promotion of the rights of older persons. It had a universal pension system, free-of-charge care services and education. Nevertheless, the Government needed to renew its efforts to prevent all forms of abuse and violence against older people, particularly in care institutions.

ELZBIETA KARSKA, Chair-Rapporteur of the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination, said that for the past year, the Working Group had continued its global study of national laws regarding private military and security companies, to assess their effectiveness in protecting human rights and promoting accountability for violations. The study aimed to identify common points, good practices and regulatory gaps and to develop guidance for Member States to regulate the growing phenomenon of the use of private military and security companies. The report focused on laws and regulations of eight countries in Central America and the Caribbean, eight countries in South America and four countries in Europe, and it found that while all the countries had legislation regulating private military and security companies, each country approached the privatization of the security industry differently, which resulted in patchy and inconsistent regulation. There were good practices across the regions, such as specific sanctions, including fines and imprisonment, for violations such as direct participation in hostilities and serious human rights violations in Switzerland; or the requirement for the private military and security companies to respect the public’s basic rights and freedoms in Colombia’s regulations. The report also identified regulatory gaps which might result in serious undermining of the rule of law and the accountability of private military and security companies personnel for violations of the law. Some of the gaps included the absence of national legislation that covered the activities of private military and security companies abroad, which was particularly relevant given the transnational nature of private security and military services; the absence of regulations that directly addressed military-like activities in the context where military services provided in armed conflict or other complex scenarios increased the probability of the use of firearms; and the risk of violation of human rights. The Working Group thus recommended precise regulations governing the use of force and firearms, and ensuring the possibility of pursuing those responsible for violations beyond national borders. A comprehensive, legally binding international regulatory instrument was the best way to ensure consistent regulation worldwide and adequate protection of the human rights of all affected by the activities of private military and security companies.

The Chair-Rapporteur then presented the Working Group’s report on its visit to Côte d’Ivoire in October 2014. It took note of positive initiatives, including the strengthening of security institutions and the creation of transitional mechanisms, but remained seriously concerned about the prevalence of impunity evidenced by the lack of prosecution of perpetrators of past human rights violations, including mercenaries. Furthermore, prosecutions had targeted mostly supporters of the Gbagbo regime, and impunity was particularly enjoyed by victors of the past conflict. Other concerns noted in the visit pertained to the lack of access to legal assistance and remedies for victims, weak State institutions, ongoing political partisanship, cross-border criminal activities and recurrent violence against vulnerable groups. There was a need for urgent and effective oversight and regulation of private security companies that were now operating illegally in the country. The Working Group had also analysed the phenomenon of foreign fighters, including through broad consultations, and would be presenting its findings and recommendations in November this year before the General Assembly in New York.

Statements by Concerned Countries

Austria, speaking as a concerned country, said that it was fully committed to the human rights of older persons. In her report, the Independent Expert acknowledged the high standards in the Austrian legal framework on older persons. A milestone in Austria’s efforts had been the long-term plan on ageing called “Ageing and Future”, whose main goals were to safeguard and improve the quality of life of all senior citizens, and to minimize inequalities and empower senior citizens so that they could live independent lives. The share of senior citizens in the overall population had been continuously growing since the turn of the century, leading to new challenges and opportunities. Austria took Ms. Kornfeld-Matte’s observations in the area of anti-discrimination very seriously. Sensitizing the population and giving them a voice meant reducing their vulnerability.

Mauritius, speaking as a concerned country, said that it was a welfare State, dedicating more than half of its budget to social giving. A number of allowances were available to the elderly; hearing devices and wheelchairs were also provided to those who needed them. Mauritius ranked first in the African region when it came to pension coverage, which stood at 100 per cent. Mauritius was the first country in Africa to have adopted a national policy on ageing, in 2001, followed by an action plan. There were no public homes for the elderly, but 31 private homes – charities, subsidized by the Government. Informal carers for the elderly were regularly trained. Cases of elderly abuse had been constantly decreasing over the years. In its 2015-2019 programme, the Government pledged to provide more protection and security to the elderly.

Slovenia, speaking as a concerned country, expressed its full support to the mandate of the Special Rapporteur, and reiterated its commitment to the promotion and protection of human rights. The Ministry of Social Affairs had prepared a new strategy for quality aging, focusing on older persons. The Government was also preparing a plan to combat violence against older persons. There were positive trends towards deinstitutionalization, and the Government was taking measures to ensure access to education and learning for older persons. There was a need to further improve the access to life-long education and learning in rural areas. With regards to health issues, Slovenia agreed with the need for improvements in accessibility to long-term care, and planned to address the issue of better geriatric health services.

Côte d’Ivoire, speaking as a concerned country, welcomed the relevance of the observations by the Working Group. However, its report contained allegations that needed clarification. Two types of procedures had been launched after the post-electoral violence, depending on the crimes. Investigations had been conducted into allegations of past human rights violations. Côte d’Ivoire noted that the report mentioned the lack of resources allocated to investigation units, and suggested the recruitment of more judges. The redeployment of defence and security forces allowed to remove from security forces all individuals whose presence was not necessary. It was premature to conclude that victories of the post-electoral conflict benefited impunity, as prosecutions were currently under way.

Interactive Dialogue on the Human Rights of Older Persons and on Mercenaries

Pakistan, speaking on behalf of the Organization of Islamic Cooperation, said that the existing laws and regulations at the domestic level on private military companies did not adequately address the complexity of the problem. Islam lay emphasis on the rights and dignity of older persons, who were accorded special status in families and communities. European Union said that the intensity of ageing in European societies continued to confront it with challenges and shortcomings in eliminating discrimination in that regard. The European Union continued to regret the lack of conceptual clarity in the mandate of the Working Group which entertained the confusion between the activities of mercenaries and the activities of private military and private security companies. Algeria, speaking on behalf of the African Group, said that there was urgency in the efforts to meet the needs of the growing elderly population. Families in the African region played a role in providing care to the elderly. National legislation and practices should provide mechanisms for regulating private security companies. Paraguay, speaking on behalf of the Southern Common Market MERCOSUR, reaffirmed the importance of the strengthening of support systems to provide care to the elderly. MERCOSUR countries believed that the Inter-American Convention established very high levels of protection and changed the paradigm in the traditional concept on older persons.

Ecuador, speaking on behalf of the Community of Latin American and Caribbean States, agreed with the Rapporteur that increased aging meant that care and greater attention for the elderly had to be a priority, and highlighted regional efforts to establish mechanisms for the effective enjoyment of the rights of elder persons. Paraguay highlighted that Latin America and the Caribbean was the first region that had a binding instrument on the rights of the elderly, and presented national efforts to increase older persons’ social participation, access to healthcare and allowance programmes. Egypt highlighted the utmost importance of developing legislation, policies and measures which were ageing-friendly, sensitive to the needs and priorities of older persons and guided by the principles established in the international and regional human rights instruments. Egypt was deeply concerned at the existence of loopholes in the regulatory framework that governed private military and security companies, and shared the view that a binding international instrument was needed. Council of Europe said it had recommended that its Member States protect the rights of elder persons, and made explicit references to autonomy and stated that older persons were entitled to lead their lives independently. It had organized a conference on this issue in June 2015, and had included the rights of elder persons in its Action Plan (2006-2015). Morocco noted the challenges posed by the ageing population in many countries and agreed that a change in the way ageing was seen in the society was needed to ensure the protection and autonomy of older persons. Morocco noted that the study by the Working Group on the use of mercenaries included only some countries in certain regions and asked about the criteria that governed this selection.

ROSA KORNFELD-MATTE, Independent Expert on the enjoyment of all human rights by older persons, said that ageing was a complex issue that needed to be tackled head on, and welcomed a number of countries that had good practice in this area. Elder abuse happened worldwide, and this was not only a question of violence and abuse, but also one of abandonment, deprivation of property, and others. In order to prevent the abuse of the vulnerable elderly, laws and regulations must be adopted to ensure their protection, punish ill-treatment and establish mechanisms which would enable the elderly to lodge complaints anonymously. Further, it was important to have appropriate models of care and help, and States should provide this support and ensure appropriate geriatric and social care training. Specific laws must be in place and careers must be trained in order to prevent ill treatment of the elderly. What was also important was to raise awareness of the society as a whole, on the ageing and the need to enjoy the longevity. Elderly persons needed to be empowered to make decisions by themselves, to decide what they wanted to do with their lives.

ELZBIETA KARSKA, Chair-Rapporteur of the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination, said that the Working Group had taken note of the progress made by Côte d’Ivoire since the conflict. It was hoped that in future information would be regularly exchanged with the Ivorian authorities. Pakistan was thanked for raising the problem of the complexity of regulations. The Working Group was focused on national regulations, trying to prove that the gap would best be addressed through an international, legally binding instrument. Regarding the mandate of the Working Group, Ms. Karska explained that its mandate was focused on mercenaries and private security and military companies. The definition of mercenaries, according to the Protocols of the Geneva Conventions, was quite narrow and did not cover the reality of today. The problem of foreign fighters, for example, was directly related to the issue of mercenaries. In order to better understand the difference between national and supranational regulations, Ms. Karska said that the European Union Member States had to rely on national legislation. The Convention was thus the best and the only effective way to regulate the market globally. The Working Group had never excluded other forms of complementary regulations in addition to the legally binding principles.

Portugal said that issues of autonomy, care and elder abuse were matters of crucial importance. The Independent Expert’s conclusions and recommendations provided very useful guidance for governments in designing and implementing all-encompassing human rights-based policies for the protection of all human rights of older persons. United States called attention to under-reported and often unrecognized concerns of elder abuse, neglect and financial exploitation, and asked the Independent Expert which other areas required further attention. Turkey agreed that autonomy and care of older persons were crucial issues and said that challenges that older persons faced needed to be addressed accurately, including in humanitarian crises. South Africa said that older persons should be allowed to live in autonomy and dignity regardless of their age or disability and supported the call for an international normative framework on the rights of older persons. South Africa was concerned about the normative gaps in the regulation of private military and security companies and said that an international legally binding framework was the best way forward in ensuring their accountability.

Sierra Leone reminded that by 2050, 20 per cent of the global population would be 60 years or older. Such a situation highlighted the need for an all-inclusive society which incorporated the needs of older persons and related not only to their care, but that ensured their dignity as a whole. As for the use of mercenaries, the International Convention against Recruitment, Use, Financing and Training of Mercenaries should be reviewed. Georgia welcomed the policies proposed by the Independent Expert for the promotion of the rights of older persons, which Georgia followed through its own policies. Those included provisions for a comprehensive pension system, health care and institutional care for the elderly. Philippines underlined the importance of an age-friendly environment and age-sensitive communities to ensure the active engagement of older persons in society. It voiced concern that legislation on military and security companies lacked references to accountability and liability of individuals and corporate actors

Venezuela stressed the importance of creating public policies to improve the quality of life of older persons. Venezuela, faithful to its socialist principles, guaranteed older persons full exercise of their rights. Private multinational security companies acted in an international legal vacuum, with terrible negative consequences for the countries where they operated. Iran said it had taken many steps to give more care and autonomy to old people, including by establishing the National Council for the Elderly in 2004. Iran believed that it was high time to address the gaps highlighted in the report on the use of mercenaries. A comprehensive, legally binding international instrument would be an important step. Gabon noted that social transformations in Gabonese society were leading to the breakdown of the family unit, which could result in more frequent abandonment of older persons. Relevant legislation provided for social protection for older and retired persons and social assistance to low income older persons. Italy said that the progressive ageing of the world population was a fact to which all States needed to respond. Italy was appalled by the increasing violence faced by older persons in many countries. How could older persons contribute to the awareness-raising campaigns?

Holy See said that the so-called “population ageing” phenomenon presented for the international community not only a challenge but also an opportunity to recognize the improvements made in access to health care and quality of life and the contribution that older persons could make in the society. Mali said it had a policy for social protection and an action plan for the protection of the elderly which aimed to keep them in contact with younger generations. India said that the attitudes to aging did not keep pace with the rate of ageing of the population and said that the international community and the United Nations system must address the rights of the elderly in a more comprehensive and systematic manner. Malta said that older persons contributed in many ways to societies with non-economic activities ranging from child care to development work and technological transfer. Malta stressed the importance of building the protection of human rights of older persons and the respect of their dignity.

Namibia stated that throughout the world a large number of older persons faced an array of vulnerabilities, including discrimination, lack of income, health insecurity, poverty and abuse that negatively impacted their enjoyment of human rights. Accordingly, they deserved special care and attention from Governments. Algeria welcomed the high level of intergovernmental cooperation that the Working Group had maintained in order to elaborate an international framework for monitoring private security companies. A legally binding instrument was necessary to rein in the privatization of war and the activities of those companies abroad. Cuba noted that a broad international legally binding instrument would be the most effective tool to monitor and control the use of mercenaries and private security companies. As for the rights of older persons, it encouraged the Special Rapporteur to continue making progress on the issue. Qatar noted that the family remained the natural environment where older persons would be able to enjoy their rights. A rights-based approach should underpin care for older persons so that they could live independently and actively participate in social life.

Russia said that about 23 per cent of its population were elderly and the priority of social policy was care for older persons, including the increase of pensions and social allowances. The global study carried out by the Working Group should be continued and Russia agreed that the Working Group should continue to work on the internationally binding legal framework to regulate the activities of private military and security companies. Switzerland said it had adopted the policy on ageing which recognized the contribution of the elderly to the society and asked the Independent Expert about good practices in the inclusion of the elderly in the society. Australia asked the Independent Expert’s view on issues that other Special Procedures could investigate to add depth to the understanding of the interrelatedness of the rights of older persons. Singapore said it had established a Ministerial Committee on Ageing to manage this issue in a holistic way through an Action Plan for Successful Ageing, which had a $ 3 billion budget for its implementation.

Benin said it had created a Ministry responsible for promoting and protecting the human rights of older persons, through the implementation of a Strategic Plan 2013-2017 that contained social protection for elder persons, including access to health, well-being, and protection against social exclusion. Chile asked how the Special Rapporteur collaborated with other United Nations agencies, such as the World Health Organization, on areas relating to access to health services by older persons. Chile said it was vital to start a negotiating process towards an international binding instrument regulating the activities of private security companies. China said its population had entered a phase of rapid aging, and that it had adopted policies in the field of care, support, accommodation and recreation for older people. The activities of private military companies had led to human rights violations due to the lack of an international regulatory mechanism, which was why China supported the adoption of such an international instrument. Botswana noted the lack of legislation and policies at the national and local levels targeted at the rights of older persons, and agreed that a holistic approach was necessary to recognize the importance of the inclusion of older persons in all society levels.

Saudi Arabia said that among the main features of the Muslim faith were compassion, maintenance of family cohesion, and care for the elderly. On that basis the Government of Saudi Arabia guaranteed social security for older persons. Costa Rica noted that the predicted demographic transformation, with a significant increase in the percentage of the elderly, required necessary planning and provisions in order to promote and protect the rights of older persons. Malaysia stated that it remained committed to providing a conducive and enabling environment for older persons, and to implementing recommendations under the Madrid International Plan of Action on Ageing 2002. Kuwait said that urgent measures were needed for the care of older persons. The Government of Kuwait provided such care based on the principles of the Muslim faith and Arab culture. It had a moral responsibility to adopt measures to provide the elderly with a dignified life. Bolivia said that older persons made up a fundamental part of societies through their experience and the ancestral knowledge that they possessed. It was thus the responsibility of the Government to ensure their physical, mental and emotional wellbeing, and to guarantee them independence and dignified life.

United Kingdom was concerned that the Working Group was further extending its mandate to include the activities of “foreign fighters” given the additional confusion this would cause and asked the Working Group how it planned to concentrate on the specific issue of “mercenaries”. The ageing society was on the top of the agenda in Thailand, whose second 20-year National Plan for Older Persons (2002-2021) aimed to provide support to the elderly in order to promote their wellbeing. El Salvador had in place a comprehensive law for the protection of the elderly and the national strategy for the elderly, and between 2010 and 2015 had been a country which promoted the Inter-American Convention on the Rights of the Older Persons. Ireland shared the concerns of the Independent Expert regarding the autonomy and care of older persons and said that those issues were particularly and increasingly important, given the United Nations estimates that one in five people worldwide would be over the age of 60 by 2050.

Ukraine said it was facing State-promoted recruitment of mercenaries by the Russian Federation, with the clear purpose of undermining Ukraine’s territorial integrity, and highlighted credible data proving the participation of Russian militants in disruptive actions in the southeast of Ukraine, in clear violation of the Minsk Agreement. Indonesia said the Independent Expert on elder persons could collaborate more with other Special Procedure mandate holders in order to approach this issue more broadly, and presented national efforts to promote and protect the rights and social inclusion of elder persons through a holistic approach. Argentina said it was using public policies and instruments to promote the best possible social inclusion, personal autonomy and deinstitutionalization of older persons, and underlined that it was leading international initiatives on this issue. Viet Nam agreed that the inclusion of elder persons in all levels of society was needed to ensure their rights, and presented laws and regulations it had adopted on this matter. Viet Nam underlined the importance of engaging older persons into the decision processes affecting them.

Djibouti underlined the importance of the protection of the rights of older persons in Africa as repositories of traditional knowledge and memory. The society in Djibouti was based on strong families and the care for the elderly was based on that principle. Sudan stated that recommendations on policies that ensured the rights of older persons were being translated at the national level. Social security was mandatory in Sudan, despite many challenges. Estonia noted that it paid special attention to the needs of vulnerable groups and in that respect ageing and elderly issues were high on the Government’s agenda. In addition to enhancing elderly employment, it was also promoting independent living.

National Human Rights Commission of Korea drew attention to the Asia-Europe Conference on Global Ageing and Human Rights of Older Persons, to be held in Seoul from 26 to 29 October 2015. It would focus on four issues: right to health, non-discrimination on the ground of age, freedom from abuse and violence, and tasks for the protection and promotion of the rights of older persons. European Network of National Human Rights Institutions stated that the Independent Expert’s findings mirrored those from previous work carried out by European human rights institutions, which had found evidence of serious breaches of human rights of older persons. Alsalam Foundation, in a joint statement, drew the attention of the Council to the ongoing use of mercenaries in Bahrain. Many of those foreign nationals were recruited from Pakistan, Syria and Yemen. Their use contributed to the continued abuse of human rights in Bahrain. International Longevity Center Global Alliance called upon States to increase access of older persons to opportunities for participation in employment, social, cultural and spiritual life; to improve access to formal training and informal life learning; to safeguard economic and material security; and to protect them from all forms of abuse, negligence and violence.

Federatie van Nederlandse Verenigingen tot Integratie Van Homoseksualiteit - COC Nederland, in a joint statement with International Lesbian and Gay association et Swedish Federation of Lesbian, Gay, Bisexual and Transgender Rights – RFSL, voiced concerns over human rights violations, including discrimination and violence, against lesbian, gay, bisexual and transgender seniors, and called on the Independent Expert to work on sharing good practices on this issue. HelpAge International highlighted the importance of ensuring older persons’ rights to palliative care and access to other health services, and underlined that the absence of a dedicated international convention on the rights of older persons was the main barrier to the full enjoyment of human rights by older persons. Association for Defending Victims of Terrorism said terrorists used mercenaries as well, and called on the Council and its Member States to recognize the needs of victims of terrorism, and provide them with the necessary support through a monetary fund. Mbororo Social and Cultural Development Association said many older persons in India faced vulnerability, social exclusion and poverty as a consequence of industrialization, urbanization, and the conflict in Jammu and Kashmir. Liberation said militias deployed in India received support from the government and were responsible for human rights violations and abuses.

Iranian Elite Research Center said that the rights of older persons were among the most important issues which the Human Rights Council should work on in order to find far-reaching solutions to maintain the equality of rights of the elderly. World Barua Organization spoke about attacks of mercenaries on ethnic and religious minorities in India and urged the Council to press upon India to protect its minorities. Global Networks for Rights and Development said that in recent months, the growing refugee crisis had both shocked and confounded Europe, and noted that age blindness in the establishment of refugee status and provision of international protection had resulted in tragic situations where aged people fleeing from violence had been unrecognized and their needs ignored by State aid workers. Maarij Foundation for Peace and Development said that many terrorist organizations resorted to the use of mercenaries and said that the lack of a Convention on the use of mercenaries by private military and security companies could lead to impunity and contradictory legal mandates.

International Commission of Jurists noted the Working Group’s reaffirmation that a comprehensive, legally binding instrument was needed to regulate the activities of private military companies, and invited it to elaborate on possible options and alternatives. Arab Commission for Human Rights applauded the Working Group’s work in Tunisia relating to foreign terrorist fighters, and suggested that the Working Group presented its findings in Tunisia this year before presenting them to the Council. Cameroon Youths and Students Forum for Peace expressed concerns at the lack of adequate mechanisms for the protection of elder people’s human rights, and highlighted the importance of addressing the social exclusion of older persons, strengthening the international protection system, and eliminating financial exploitation and discrimination in employment. Africa Culture Internationale raised concerns about discrimination against older persons in the work place, and regretted that their know-how was not sufficiently taken into account by employers. It also called for more limitations and regulations on the activities of private security and military companies.

Concluding Remarks

ROSA KORNFELD-MATTE, Independent Expert on the rights of older persons, expressed serious concern about the situation of refugees and of elderly refugees and said that she would study the situation of this group. It was important to note that ageing was on the agendas of most countries, but more needed to be done to ensure that the human rights of this group were respected. A mechanism must be created that would properly protect the rights of older persons, which was a cross-cutting issue and that was why it was absolutely vital to work with a variety of experts and mechanisms, including with the World Health Organization and other health mechanisms. In order to support older persons in their fight against violence, the first thing to do was to empower them and make sure that they knew their rights and how they could lodge a complaint if their rights were violated. Equally important was to learn how to improve the ageing process, and offer options for a positive ageing experience which would include autonomy, pensions, and social inclusion of the elderly. There were no countries that had gotten everything right, but there were examples throughout the world of positive approaches to ageing, such as in Austria, Chile and Mexico where the elderly participated in the society. Another important aspect was that families alone could not shoulder the burden of taking care of older persons, and they needed to be supported in this task. Pensions must be provided at the level sufficient to combat poverty and ensure life in dignity.

ELZBIETA KARSKA, Chair-Rapporteur of the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination, thanked delegations and civil society for their comments and questions. Responding to their remarks, she said that the Working Group paid attention to the gaps in national regulations. Whereas some national regulations provided a definition of mercenaries, there was no definition of private security companies, which was a major concern. She thanked delegations for their support for the set-up of an international legally binding framework in the form of a convention in order to regulate the activities of private security companies. Speaking of violent extremist groups, Ms. Karska said that the mandate of the Working Group included dealing with mercenary units. As for the extension of the mandate to foreign fighters, there was no doubt that the legal definition of mercenaries also encompassed foreign fighters. The problems of victims and families deserved special attention, Ms. Karska concluded.


For use of the information media; not an official record

HRC15/111E