Briefing of Member States at the Third and Fifth Committees on the recent work of the Human Rights Council

New York, 21 April 2015

Excellencies, distinguished delegates, ladies and gentlemen,

It is with great pleasure and honor that I am here today to update you on the recent work of the Human Rights Council.

Before briefing you on the outcome of the 28th session, providing you with a short update on our work in Geneva, I would like to make some general remarks.

When Kofi Annan presented his report “In Larger Freedom: Towards development, security and human rights for all” in 2005, he described his vision for the Human Rights Council. He aimed at creating a Council which would offer – unlike the Commission on Human Rights – the architectural and conceptual clarity that human rights as one of the three pillars of the UN rightly deserve.

In 2006, the Human Rights Council was established, with a view to promote universal respect for the protection of all HR and fundamental freedoms for all, without distinction of any kind and in a fair and equal manner, and to address situations of violations of HR, including gross and systematic violations, and make recommendations thereon. The Council was further tasked to promote the effective coordination and mainstreaming of Human Rights.

Ten years later, I believe that there is much that the Human Rights Council, anchored within the UN system, can be proud of. But at the same time, there is always room for improvement. And taking the opportunity today, there are some important questions that we need to address commonly.

For instance, how can we, how can the Human Rights Council contribute to strengthening the Human Rights Pillar in general, in New York, in Geneva and in the field? Allow me to refer to just two points today, and of course there are more. First: I think it is vital to join forces with the High Commissioner on Human Rights - mindful and in full respect of our different mandates – and strive for adequate funding. Second: with regard to the New York – Geneva relationship, and Geneva’s special role as the human rights hub, we should aim to create synergies and make optimal use of scarce time and resources.
On the latter point, and as President of the Human Rights Council, I believe that over the years we have produced some excellent examples. All of these examples have in common that we respected each other’s mandate and worked complementarily by identifying a common purpose – that’s how impact can be generated which goes beyond Room XX in Geneva and beyond the General Assembly hall in New York. Therefore, a strengthened understanding of our institutional relationship and respect for our mandates help our common cause to further promote and protect human rights within the system and beyond.

Turning to the 28th session of the Human Rights Council, held from 2 to 27 March, and the 23rd Special Session, held on 1 April, in Geneva, let me present some facts:

• The high-level segment, held over the first four days of the session, yielded statements from 92 government dignitaries, who focused on multiple human rights issues.
• We held all together ten panel debates on multiple issues, including on climate change, the rights of the child, the death penalty, technical cooperation, and disabilities.
• In our discussion on climate change, we were fortunate to benefit from the presence of the President of Kiribati and the Prime Minister of Tuvalu. They outlined the moral imperative of the global community to take urgent action against the negative effects of climate change and their effect on human rights.
• Similarly, early in the session, we heard from the High Commissioner for Human Rights, who spelled out in a most comprehensive and though-provoking manner numerous human rights issues around the globe, which featured at various instances during the month. He reminded us that we all, by ratifying the Charter, “reaffirm faith in fundamental human rights; in the dignity and worth of the human person; in the equal rights of men and women, and of nations large and small; and to establish conditions under which justice and respect for the obligations arising from treaties, and other sources of international law, can be maintained; and to promote social progress, and better standards of life in larger freedom.” And he also reminded us, that with alarming regularity, human rights are disregarded, and violated, sometimes to a shocking degree and that most often, those violations result from policy choices, which limit freedom and participation, and create obstacles to the fair sharing of resources and opportunities.
• In total, we also heard from 21 experts and expert groups presenting crucial reports on themes, such as hate speech and violence committed in the name of religion, torture, freedom of religion or belief, the rights of persons with disabilities and panel discussions on racial discrimination and climate change, among others.
• In this regard, I cannot overestimate the importance of Special Procedures for the work of the human rights system as a whole. In this regard, I wish to draw your attention to the report on the twenty-first annual meeting of Special Procedures, presented by its Chair, Francois Crepeau, and I recommend you all to read it.
• We also adopted another 14 UPR reports, bringing us a step closer to completing the second cycle of this important process. But, of course, the key is follow up to ensure that States implement the recommendations they have accepted and, in turn, achieve real results on the ground.
• Four new mandate holders were appointed, inter alia the Special Rapporteur on Cambodia and the newly created mandate of the Special Rapporteur on Unilateral Coercive Measures.
• I also wish to inform you that the Council decided to postpone the OHCHR’s report on Sri Lanka to the 30th Session in September. And the report on the CoI on Gaza was postponed to June upon request by the Commissioners themselves.
• And all in all, at the end of the session, the Council adopted 34 resolutions and three Presidential statements. Most resolutions were adopted by consensus, despite difficult and long negotiations, affirming the Council’s capacity to overcome political difference. In particular, noteworthy in this regard has been the consensus achieved on the two resolutions ‘Freedom of Religion or Belief’ and ‘Religious Intolerance’. Moreover, multiple cross-regional statements were delivered on a wide range of country-specific, thematic and institutional matters.

Relevant outcomes include:

• The Commission of Inquiry on Syria was prolonged for another year after the situation in Syria continued to dominate our agenda. The Commission of Inquiry on Syria once again presented a sobering report presenting the many horrors which tragically continue with the crisis now having entered its fifth year. The Resolution also decides to transmit all reports and oral updates of the COI to all relevant bodies of the UN, that COI briefs GA69 and that the GA submits COI reports to the SC and recommends that COI continues to brief the SC.
• The OHCHR was mandated to send a HC mission to investigate violations and abuses of international human rights law committed in Libya since 2014 and to submit a report to HRC31. [Resolution also requests an oral update by the High Commissioner, followed by a stand-alone ID with participation of SRSG for Libya at HRC30]
• On Iraq, the Council adopted another resolution deciding to provide Iraq with technical assistance in the field of HR, after atrocities being committed by the so-called Islamic State, which shock our conscience and defy all logic. As President, I have heard repeated calls for accountability, which I fully share. This must be a sign not only to those committing these horrific acts, but also to the victims, to let them know they have not been forgotten and that justice will be delivered.
• Furthermore, two new special procedures – on the enjoyment of HR by persons with albinism and on the right to privacy – were created. The Council also created a Forum on human rights, democracy and the rule of law, with its first session taking place in 2016 with theme “Widening the democratic space: the role of youth in public decision-making” (to meet every 2 years for 2 working days).
• Other outcomes included that the Council rrecommends that the GA designate 9 December as the International Day of Commemoration and Dignity of the Victims of Genocide, invites the Special Adviser to an ID at HRC31 and requests the SG to draw up a roster of focal points and networks on the prevention of genocide.
• Furthermore, a HC report on the composition of OHCHR staff was requested (HRC33/Sept. 2016) and the resolution also invites the GA and its appropriate subsidiary bodies to give consideration to the resolution and, as necessary, to the relevant sections of the report of the JIU on the administration and management of the OHCHR to the implementation of this resolution on the composition of the staff of the OHCHR.
• There were also new initiatives presented: A resolution on the right to work that tasked the HC to prepare a report on that matter, as well as a resolution on drugs and human rights. The OHCHR was requested to prepare a study on impact of the world drug problem on the enjoyment of human rights (HRC 30). The resolution also invites the HC to submit to the Commission on Narcotic Drugs, through the Executive Director of the United Nations Office on Drugs and Crime, the contribution of the HRC to the special session of the GA on the world drug problem, to be held in 2016, and invites the GA to take into account the contribution of the HRC during its special session on the world drug problem in 2016 and of the Commission on Narcotic Drugs during the preparatory process.
• On the DPRK, the SR was extended by one year and the resolution also decided to transmit all reports of the SR to all relevant bodies of the UN and the SG for appropriate action. The OHCHR was asked furthermore to present an oral update on role achievements of the Office, incl. on the field-based structure in the Republic of Korea at HRC30/Sept. 2015 and a comprehensive report at HRC31/March 2016.

Other Extension of Mandates:

• SR on the situation of human rights in the Islamic Republic of Iran (1 year)
• SR on the situation of human rights in Myanmar (1 year)
• IE on the situation of human rights in Haiti (1 year)
• IE on the situation of human rights in Mali (1 year) [Resolution also requests HC to provide technical assistance]
• Open-ended inter-governmental working group to consider the possibility of elaborating an international regulatory framework for the regulation, monitoring and oversight of the activities of private military and security companies (2.5 years)
• SR in the field of cultural rights (3 years)
• Current IE on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment extended as a SR (3 years)

Expert meetings:

• IE on the effects of foreign debt to convene an experts meeting on negative impact of non-repatriation of funds of illicit origin (prior to HRC31/March 2016)
• SR on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment to convene an expert seminar (prior to HRC31/March 2016)

HC/OHCHR/SG reports (without Composition of Staff, as mentioned above)

• HC report on International cooperation (before HRC30/Sept. 2015)
• HC report on Birth registration (HRC33/Sept. 2016)
• OHCHR Annual study on the rights of persons with disabilities art. 11 “Situations of risk and humanitarian emergencies” of CRPD (prior to HRC31/March 2016) see Panel below
• OHCHR to report on its follow-up efforts [situation of human rights in the DPRK] in the regular annual report of the SG to GA69, see also above
• SG report on human rights in the occupied Syrian Golan (HRC31) [Also resolution requests the SG to bring the resolution to the attention of all Governments, the competent UN organs and to disseminate it as widely as possible]
• HC report on implementation of recommendations contained in report of fact-finding mission on the implications of Israeli settlements (HRC31) [Also resolution requests the SG to report on implementation of resolution to HRC31]
• SG to report on implementation of resolution on human rights situation in the OPT, including East Jerusalem (HRC31) [Also resolutions requests OHCHR to further strengthen the presence of its office in the OPT]
• HC report on combating intolerance … based on religion or belief (HRC34)
• HC report on technical assistance and capacity building in strengthening human rights in Iraq (HRC30) [Resolution also requests HC to provide technical assistance]

At the end of the Special Session on 1 April 2015, the Council then adopted a resolution on the Atrocities Abuses and violations of Human Rights committed by the terrorist group Boko Haram and its effects on human rights in the affected countries. The HRC tasked the OHCHR to prepare a report on violations and abuses committed by Boko Haram at HRC30 and to provide an oral update as part of an ID at HRC29/June 2015.

Let me now turn to the role of civil society in the proceedings of the Council during its 28th session. Active participation and contribution of civil society organizations is central to the work of the Human Rights Council and makes it a unique forum among other UN intergovernmental organs. It is therefore essential that representatives of civil society operate in a free, open and safe environment that protects and promotes their own human rights. Despite our common conviction that we collectively and through resolutions reject any act of intimidation or reprisal against individuals and groups who cooperate or have cooperated with the United Nations, its representatives and mechanisms in the field of human rights, we have heard once more throughout the session chilling testimonies from the victims and witnesses of human rights violations and abuses. On this note, I cannot repeat this enough: It is our responsibility to address effectively all cases of intimidation or reprisals and to ensure an unhindered access to all who seek to cooperate with the UN mechanism. But more needs to be done to counter such acts. By all of us.

Distinguished delegates,

With a view ahead: We have the 22nd Working Group of the Universal Periodic coming up at the beginning of May and the 29th session of the Human Rights Council from 15 June to 3 July.

With regard to the UPR, we remain firmly engaged in its second cycle and the process continues to get positive feedback from all actors involved. Its continued 100% participation rate by all concerned States, including at high level ministerial levels from capitals, with the appreciated support of some of the missions here in NY, where representation is lacking in Geneva, is particularly noteworthy and is a reflection of the importance attached to this mechanism. However, for it to continue retaining its credibility, we must be able, as an international community, to point to real impact on the ground as a result of its work. As such, one of its main challenges remains on securing implementation of recommendations, especially in light of their growing numbers, to enable real improvements in the human rights situation in the countries concerned.

I am confident that, with the right national political will, this focus will continue to be strengthened leading up to the third cycle, as was equally called upon by a large number of States in the two cross-regional statements made at this past HRC session. It will also be equally important to uphold the principle of universality by ensuring the participation of all States and avoiding that issues of a bilateral, territorial nature negatively impact on the process.

Before I conclude, I would like to touch briefly upon the significant challenges facing the Human Rights Council in terms of resources required for it to continue its activities.
As the Council continues to adopt a high number of resolutions/decisions, giving rise also to new mandates for OHCHR to implement, carrying significant resource implications, more resources are essential. Indeed, while the OHCHR is requested to comply with an increasing number of mandates stemming from Council’s decisions, its regular budget has not kept pace with that growth. The OHCHR therefore often has to rely on voluntary contributions to implement mandated activities.

Although I am fully aware of the current financial situation, I would like to seek cooperation and support from all Member States to address this issue, through the Fifth Committee, by positively considering options on how to address the funding of new mandates arising from resolutions and decisions of the Council. Human Rights within the United Nations are underfunded.

If we want to ensure relevance of our human rights resolutions that go beyond Room XX or the General Assembly Hall, we have to ensure that we focus on the impact of all the work done rather than the output. In this regard, we need to better implement what we have and stick to what we agreed upon. For this, we need the political will and the necessary resources.