Human Rights Council Adopts Two Resolutions, Extends Mandate of the Special Rapporteur on the Situation of Human Rights in Cambodia

MORNING 13 October 2023

Council Elects Seven Members of the Advisory Committee and Appoints 12 Mandate Holders

The Human Rights Council this morning adopted two resolutions, extending the mandate of the Special Rapporteur on the situation of human rights in Cambodia. The Council also adopted a resolution on the question of the death penalty.

On advisory services and technical assistance for Cambodia, the Council welcomed the efforts made by the Government of Cambodia to combat crimes, such as trafficking in persons, the exploitation of labour and the sexual exploitation of women and children. The Council decided to extend for two years the mandate of the Special Rapporteur on the situation of human rights in Cambodia, and requested the Special Rapporteur to report on the implementation of his mandate to the Council at its fifty-seventh and sixtieth sessions, including to make recommendations on technical assistance and capacity building for the protection and promotion of human rights in the country.

Concerning the question of the death penalty, adopted by a vote of 28 in favour, 11 against and 7 abstentions, the Council called upon States that had not yet abolished the death penalty to take active steps to reduce the number of offences for which the death penalty could be imposed and to limit them strictly to “the most serious crimes” and called upon States that applied the mandatory death penalty to end the practice. The Council also decided that the upcoming biennial high-level panel discussion to be held during the fifty-eighth session of the Council would address the contribution of the judiciary to the advancement of human rights and the question of the death penalty.

The Council elected members of the Advisory Committee: for the Group of Asia-Pacific States, Riva Ganguly Das (India), Buhm-Suk Baek (Republic of Korea); for the Group of Latin American and Caribbean States, Jewel G. L. Major (Bahamas); for the Group of Western European and other States, Catherine Van de Heyning (Belgium); for the Group of Eastern European States, Patrycja Sasnal (Poland); and for the Group of African States, Joseph Gérard Angoh (Mauritius) and Nadia Amal Bernoussi (Morocco).

The Council appointed 12 mandate holders: for the mandate of the Special Rapporteur on the human rights of migrants, Gehad Madi (Egypt); for the mandate of the Independent Expert on human rights and international solidarity, Cecilia Bailliet (Argentina); for the mandate of the Special Rapporteur on minority issues, Nicolas Levrat (Switzerland); for the mandate of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Ben Saul (Australia); for the mandate of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, Graeme Reid (South Africa); for the mandate of the Special Rapporteur on the elimination of discrimination against persons affected by leprosy (Hansen’s disease) and their family members, Beatriz Miranda Galarza (Ecuador); for the mandate of the Special Rapporteur on the rights of persons with disabilities, Heba Hagrass (Egypt); for the Working Group on discrimination against women and girls, member from African States, Laura Nyirinkindi (Uganda); for the Working Group on discrimination against women and girls, member from Asia-Pacific States, Haina Lu (China); for the Working Group on discrimination against women and girls, member from Eastern European States, Ivana Krstic (Serbia); for the Working Group on discrimination against women and girls, member from Western European and other States, Claudia Flores (United States); and for 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, member from Eastern European States, Jovana Jezdimirovic Ranito (Serbia).

The Council adopted the draft report of the fifty-fourth session ad referendum.

The Council will reconvene at 3.pm this afternoon to close the fifty-fourth session.

Action on Resolution Under Agenda Item Three on the Promotion and Protection of All Human Rights, Civil, Political, Economic, Social and Cultural Rights, including the Right to Development

In a resolution (A/HRC/54/L.34) on the Question of the death penalty, adopted by a vote of 28 in favour, 11 against, and 7 abstentions, as orally revised, the Council urges all States to protect the rights of persons facing the death penalty and other affected persons; calls upon States that have not yet acceded to or ratified the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, to consider doing so; calls upon States that have not yet abolished the death penalty to take active steps to reduce the number of offences for which the death penalty may be imposed and to limit them strictly to “the most serious crimes”; calls upon States that apply the mandatory death penalty to end this practice; urges all States to respect international standards that provide safeguards guaranteeing protection of the human rights of those facing the death penalty; also urges all States to ensure that all legal proceedings uphold the rights and are consistent with the minimum procedural guarantees contained in the International Covenant on Civil and Political Rights; requests the Secretary-General to dedicate the 2025 supplement to his quinquennial report on capital punishment to the consequences arising at various stages of the imposition and application of the death penalty on the enjoyment of the human rights of persons facing the death penalty and other affected persons, and to present it to the Human Rights Council for consideration at its sixtieth session and to make it available in all languages before the session; decides that the upcoming biennial high-level panel discussion to be held during the fifty-eighth session of the Council will address the contribution of the judiciary to the advancement of human rights and the question of the death penalty; requests the Office of the High Commissioner to prepare a summary report on the panel discussion, and to submit it to the Council at its sixtieth session; and decides to continue its consideration of this issue.

Before the Council adopted resolution L.34, it rejected the following amendments: L.36 by a vote of 19 in favour, 19 against, and 9 abstentions; L.39 by a vote of 19 in favour, 21 against, and 7 abstentions; L.48 by a vote of 18 in favour, 21 against, and 8 abstentions; L.49 by a vote of 14 in favour, 22 against, and 10 abstentions; L.50 by a vote of 13 in favour, 22 against, and 11 abstentions; L.51 by a vote of 12 in favour, 23 against, and 11 abstentions; and L.52 by a vote of 12 in favour, 23 against, and 11 abstentions.

The results of the vote on L.34 are as follows:

In favour (28): Argentina, Belgium, Benin, Bolivia, Chile, Costa Rica, Cote d’Ivoire, Czechia, Finland, France, Gabon, Georgia, Germany, Honduras, Kazakhstan, Kyrgyzstan, Lithuania, Luxembourg, Malaysia, Mexico, Montenegro, Nepal, Paraguay, Romania, South Africa, Ukraine, United Kingdom and Uzbekistan.

Against(11): Bangladesh, Cameroon, China, India, Maldives, Pakistan, Qatar, Somalia, Sudan, United Arab Emirates and United States.

Abstentions (7): Algeria, Eritrea, Gambia, Malawi, Morocco, Senegal and Viet Nam.

Action on Resolution Under Agenda Item 10 on Technical Assistance and Capacity Building

In a resolution (A/HRC/54/L.22) on Advisory services and technical assistance for Cambodia, adopted without a vote, the Council welcomes the efforts made by the Government of Cambodia to combat crimes, such as trafficking in persons, the exploitation of labour and the sexual exploitation of women and children, and urges the Government to make further efforts to this end; urges the Government to continue and enhance its efforts to resolve land issues peacefully, equitably and expeditiously; urges the Government to continue efforts to expand political and civic space and to ensure the rights to freedom of expression, peaceful assembly and association and an environment conducive to the conduct of political activities by all political parties under democratic principles and the rule of law; urges the Government to continue to promote the rights and dignity of all Cambodians by protecting civil and political rights, including freedom of opinion and expression; invites the Secretary-General, agencies of the United Nations in Cambodia and the international community, to support the strengthening of democracy and ensuring the protection and promotion of the human rights, including in response to the Government’s request for technical assistance and capacity-building; decides to extend for two years the mandate of the Special Rapporteur on the situation of human rights in Cambodia, and requests the Special Rapporteur to report on the implementation of his mandate to the Council at its fifty-seventh and sixtieth sessions, including to make recommendations on technical assistance and capacity building for the protection and promotion of human rights in the country; requests the Secretary-General to report to the Council at its fifty-seventh and sixtieth sessions on the role and achievements of the Office of the High Commissioner in assisting the Government in the protection of human rights; and decides to continue its consideration of the situation of human rights in Cambodia at its sixtieth session.

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