Opening of the tenth session of the Human Rights Council Advisory Committee Opening Remarks by Bacre Waly Ndiaye Director Human Rights Council and Special Procedures Division Office of the High Commissioner for Human Rights

Geneva, 18 February 2013

Mr. President of the Human Rights Council, Mr. Henczel,
Mr. Chairperson, Mr. Huseynov
Distinguished members of the Human Rights Council Advisory Committee,
Excellencies,
Ladies and Gentlemen,

It is with great pleasure that I welcome you here today on behalf of the High Commissioner Navi Pillay, at the occasion of the opening of the tenth session of the Human Rights Council Advisory Committee. I wish to extend a particular welcome to Mr. Al Faihani, Mr Coriolano, Ms. Pabel and Mr. Tamrat Yigezu.

Allow me to share with you, as is customary, perspectives from the Office of the High Commissioner on thematic human rights issues on the agenda of this session.

Last Friday, 15 February 2013, our Office organized a Seminar on the Enhancement of international cooperation in the field of human rights at the request of the Council, by way of follow-up to the work undertaken by your Committee in this regard. Two Committee experts, Ms. Boisson de Chazournes and Mr. Seetulsingh participated in this event, which provided room for further dialogue for States and stakeholders, to clarify and discuss the legal definition of international cooperation in the field of human rights. Experiences and good practices in this area were shared, challenges were identified and the roles of key actors, including United Nations agencies, funds and programmes were discussed. The input of this Committee’s members was highly valued by those involved.

Highly valued as well, was the input provided by this Committee in the area of human rights and international solidarity. At the previous session, you discussed the draft final paper on human rights and international solidarity. At its 21st session, the Human Rights Council took note of the paper as an input to the process of elaboration of a draft declaration on the right of peoples and individuals to international solidarity. The General Assembly, convinced that the promotion of the culture of solidarity and the spirit of sharing is important for combating poverty, proclaimed the 20th of December as International Human Solidarity Day, in order to encourage debate on the ways to promote solidarity for the achievement of the Millennium Development Goals, including poverty eradication.

At the occasion of this day the Secretary-General called for intensifying the efforts to achieve the Millennium Development Goals before the target date of 2015. The process, which is also intended to lay the groundwork for the post-2015 agenda, aims to be participatory, seeking the views of development experts and ordinary citizens around the world.

Furthermore, the Independent Expert stated that meaningful poverty eradication requires more concerted initiatives for preventing the occurrence of further economic crises and for developing more sustainable social protection systems, designed to provide universal coverage based on partnerships and solidarity rather than charity.

Ladies and Gentlemen,

This brings me to the issue of poverty, and in particular the work on the right to food, an area in which the Committee undertook and finalized a number of studies in the past. At the forthcoming session of the Council, the Committee’s final study on rural women and the right to food will be considered, as well as the study on the urban poor and their enjoyment of the right to food. In this context, I want to make mention of the Guiding Principles on extreme poverty and human rights, which the Human Rights Council adopted by consensus on 27 September 2012. These Guiding Principles are the first global policy guidelines focusing specifically on the human rights of people living in poverty, intended as a practical tool for policy-makers to ensure that public policies, including poverty eradication efforts, reach the poorest members of society.

These guidelines state inter alia, that women living in poverty are often denied equitable access to food, as a result of institutional and intra-household discrimination or cultural practices. Equally, these practices undermine their capacity to procure or produce food.

States are therefore recommended to ensure effective distribution mechanisms to make adequate food physically and economically accessible to persons living in poverty, in a culturally acceptable way and without negatively affecting small farmers, indigenous peoples, forest dwellers, pastoralists or local subsistence fishing communities and women.

On the issue of traditional values, and in particular in relation to women’s rights, let me also briefly refer to the report presented by the Special Rapporteur in the field of cultural rights, Farida Shaheed, to the General Assembly in November 2012. The report underlines the right of women to have access to, participate in and contribute to all aspects of cultural life. The Special Rapporteur stated that this encompasses their right to actively engage in identifying and interpreting cultural heritage and to decide which cultural traditions, values or practices are to be kept, reoriented, modified or discarded.

Ladies and gentlemen,

This morning you will discuss the draft final report on human rights and issues related to terrorist hostage-taking. When dealing with this issue, may I encourage you to bear in mind the content of the report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Ben Emmerson, presented to the General Assembly in November 2012. Let me also inform you that our Office organized three regional expert workshops to contribute to the development of guidelines on ensuring due process and the right to fair trial.

It is an example of the support offered to States in their efforts to ensure respect for human rights and the rule of law while countering terrorism. In this regard, I would like to thank the Committee for the important work it has already done, and will continue to do during this session, on the report on human rights and issues related to terrorist hostage-taking.

Distinguished Members,

As you take the opportunity which this session offers to reflect upon past achievements, and consider new priorities for further research, I invite you once again to look into the work carried out by other subsidiary bodies and by special procedures mandate holders, which you may find inspiring.

At the past session you had identified a number of areas for future studies, which you proposed to the Council, namely access to justice and the fight against corruption; local government and human rights; globalization, human rights and youth; human rights and humanitarian action; and a model law on equal opportunities and non-discrimination.

Pending a formal Council mandate, I am very pleased to note that you will continue to deliberate on the concept papers you presented on these emerging HR issuesto the Council’s last session in September.

With regard to humanitarian action, OHCHR is actively engaged to ensure free, active and meaningful participation of affected populations as rights-holders and not beneficiaries of charitable acts, and to strengthen the integration of human rights into humanitarian leadership and coordination. Let me inform you that at the Organizational Meeting which took place on 11 February 2013 a delegation informed the Human Rights Council that it intended to table a resolution at the upcoming session entrusting the Committee to undertake a study on ‘Human Rights and Humanitarian Action in Post-Conflict Situations.

High levels of corruption and weak capacity in local governments are among the key obstacles for sustainable development. With the deadline for the Millennium Development Goals fast approaching, OHCHR contributes to the elaboration of the post-2015 development agenda in order to ensure the full integration of human rights. Past November, the Office participated in the 15th International Anti-Corruption Conference in Brazil, where it inter alia co-moderated a workshop on human rights and corruption.

Together with UNDP, OHCHR is moreover leading the post-2015 global thematic consultation on governance. You may also be interested to note that the Special Rapporteur on the independence of judges and lawyers devoted her most recent report to the General Assembly to the phenomenon of corruption in the judiciary.

Equality and non-discrimination are the fundamental principles which underlie the UN Charter and international human rights instruments, and are one of the thematic priorities of the Office. Discrimination in law and practice must be eliminated, and I encourage you to continue your work in this area.

As you will undertake to address the integration of a gender perspective in your work during the present session in accordance with Council resolutions 6/30 and 7/9, I would also like to update you about initiatives undertaken by OHCHR and other human rights mechanisms in this area. In April 2012, a UN System-wide Action Plan on Gender Equality and the Empowerment of Women was officially endorsed. The Office had actively contributed to the preparation of this plan by developing indicators and relevant reporting framework.

The Office also adopted a gender equality strategic plan as the implementation framework of its own gender equality policy. Several Special procedures, notably the Rapporteurs on adequate housing, on the right to food and on foreign debt focused their reports on gender issues. Similarly, the Special Rapporteur on cultural rights devoted her thematic report to the General Assembly to the enjoyment of cultural rights by women on an equal basis with men.

In concluding, let me reiterate the Secretariat’s full support to your activities and welcome Ms. Dina Rossbacher as new secretary of the Advisory Committee. I wish you very fruitful deliberations at the present session.

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