Briefing of the President at the 3rd and 5th Committee, 7 July 2015

Tuesday, 7 July 10.45

Excellencies, distinguished delegates, ladies and gentlemen,

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

During our last meeting, I raised some questions on how we and the Human Rights Council can contribute to strengthening the UN Human Rights Pillar in New York, in Geneva and in the field. I underlined the need for an efficient human rights system at its core. In the pursuit of answers and possible solutions to some of these questions, the Human Rights Council presented during its 29th session a Presidential Statement on Enhancing the Human Rights Council’s Efficiency. The PRST is essentially a culmination of discussions and reflections -within the Council and beyond- on how to improve our functionality and increase efficiency with moderate but important steps. More concretely, the Presidential Statement first asked to further improve the voluntary calendar of thematic resolutions and encouraged States to consider bi- and triannualization. In addition, the Council decided to look into options how to spread out the appointment of mandate holders more evenly. The Council also decided to ensure that, upon their request, the candidates shortlisted by the Consultative Group will be able to be interviewed in any official language of the United Nations. It also tasks the OHCHR to develop, manage and support a more distinct and accessible website for the Council, its procedures and mechanisms, including an Extranet comparable to Quickplace. For the 5th Committee colleagues, I also wish to state that the PRST has a PBI.

Turning to the rest of the 29th session of the Council, held from 15 June to 3 July in Geneva, allow me to briefly outline our work:

• We held all together three panel debates featuring women’s rights from multiple angles, including right to education by every girl, women in economic and political decision-making and domestic violence against women. We also held a panel discussion on the effects of terrorism on the enjoyment of human rights; a very timely discussion against the backdrop of the persisting horrid terrorist crimes being committed around the globe.

• On the first day of the session we also benefitted from an Enhanced Interactive Dialogue on the human rights of migrants; a timely topic of crucial significance to all countries in a globalised world. The dialogue, as you may know, was requested by the EU Presidency and included the participation of the HC for human rights and other relevant stakeholders and heads of international organizations. Having this debate in the HRC demonstrates the responsiveness of the Council to current crises and global human rights concerns. Migration was discussed from many angles but human rights featured prominently. Many States acknowledged that this crisis can only be addressed by also looking at the root causes of these movements; and human rights lie at the root of this scourge.

• Similarly, early in the session, we heard from the High Commissioner for Human Rights, who stated that “States owe their people justice, equality and dignity, under the rule of law” and outlined his grave concern over numerous human rights regressions and issues around the globe. Many of them featured at various instances during the 3 weeks of the 29th session. 

He reminded us that “this year we mark the 800th anniversary of the Magna Carta – a document that changed the course of history, because it limited the absolute powers of the king. Over hundreds of years, societies built on its premise that rulers must abide by law, until we arrived at the conception of rule of law as we know it today – with human rights at its heart. And yet still, after 800 years, not all leaders abide by human rights law, and this is a tragedy of historic proportion. For human rights are effective. They build strong and successful societies”.

• In total, we also heard from 21 mandate holders of the special procedures presenting crucial reports on themes such as summary executions, racial discrimination, extreme poverty and freedom of expression with a focus on encryption and anonymity in digital communication. 

• 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 mandate-holders were prolonged and two new mandate holders were appointed during the session. We appointed a new Independent Expert on the enjoyment of human rights by persons with albinism; a mandate, which aims to help stamp out the revolting attacks against persons with albinism and protect them from the risks they often face. We also appointed the Special Rapporteur on the right to privacy, with a mandate to analyse and monitor the right to privacy across the world, providing guidance to States.

• And all in all, at the end of the session, the Council adopted 26 resolutions and my Presidential statement. 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 resolution on South Sudan. Despite tough negotiations, the Council stood united. Thanks to genuine cooperation among delegations, a strong resolution was presented, which calls for an urgent Fact Finding Mission to Improve Human Rights, Accountability and Reconciliation for South Sudan. The OHCHR was requested to undertake a comprehensive investigation into alleged serious violations of human rights in South Sudan and related crimes, to engage the Government of South Sudan and to support efforts towards accountability and reconciliation, while ensuring complementarity with the African Union Commission of Inquiry (preliminary oral report HRC 30; full report + ID HRC31). The resolution also tasks the OHCHR with assessing the effectiveness of steps taken by the Government of South Sudan to address the dire situation in the country and with recommending the appropriate follow-up for the Human Rights Council to consider, including any appropriate technical assistance and a possible appointment of a special rapporteur.

• Moreover, multiple cross-regional statements were delivered during the session on a wide range of country-specific, thematic and institutional matters.

Relevant outcomes include:

• The Commission of Inquiry on Gaza delivered their largely anticipated report, resulting from interviews of a wide spectrum of witnesses and victims in Israel and the occupied Palestinian territory. The report pointed to the possible commission of war crimes by both Israel and Palestinian armed groups and outlined steps that the parties and the international community should take to ensure accountability for the crimes committed. An HRC resolution was adopted again on this issue, recommending that the GA remain apprised of the matter. The resolution asked the High Commissioner to present, as part of the reporting requested by the Council in its resolutions S-9/1 and S-12/1, a report on the implementation of the present resolution, and on the implementation of the recommendations of the COI and of the UN Fact-Finding Mission at HRC31/March 2016.

• The Commission of Inquiry on Eritrea was prolonged for another year. The CoI presented a comprehensive report to the Council. The resolution adopted on this issue decides to transmit all reports and oral updates of the COI to all UN relevant bodies for appropriate action. The resolution also extended the Special Rapporteur’s mandate and asked for an oral update to HRC31 and for an ID at GA70. The COI is to present an oral update to GA71 and a report to HRC32.

• There were also new initiatives presented: A resolution on the human rights situation of Rohingya Muslims and other minorities in Myanmar tasked the High Commissioner with presenting an oral update at HRC30/September 2015 and a report at HRC32/June 2016 on the human rights violations –in particular, trafficking and forced migration- against Muslims (HRC31). We also had a resolution on the 50th anniversary of the adoption […] of the international covenants on human rights (see panel below).

• Furthermore, on the issue of migrants, the Council adopted two resolutions: one focusing on the protection of the human rights of migrants in transit, which requests an OHCHR study to that effect; and a new initiative, which focuses on the issue of unaccompanied migrant children and adolescents. The latter tasks the Advisory Committee with developing a research-based study on this issue to be submitted to HRC33/September 2016.

• On Syria we again had a resolution. As long as the civil war is going on, the Human Rights Council will be giving its due attention to the human rights violations and abuses committed and to the suffering of the victims.

• Furthermore, on Ukraine, the HC was invited to present orally to the Human Rights Council the findings of each of the periodic reports of OHCHR on the situation of human rights in Ukraine, as part of the interactive dialogues (until HRC32).

• On Belarus, the Council requested the Special Rapporteur to submit a report to HRC32 and to GA71 on the situation of human rights in Belarus.

• Other outcomes include the request of a study of the Advisory Committee on the implementation of the principles and guidelines for the elimination of discrimination against persons affected by leprosy. The Council further asks the AC to submit a report with practical suggestions for the wider dissemination and more effective implementation of these principles at HRC35/June 2017.

Extension of Mandates:

• SR on the situation of human rights in Belarus (1 year) - SR to present a report at HRC32/June 2016 and to GA71 (2016)
• Mandate on capacity-building and technical cooperation with Côte d’Ivoire in the field of human rights (1 year) - Independent Expert to submit a report to at HRC31/March 2016 and his final recommendations at HRC32/June 2016
• SR on the situation of human rights in Eritrea (1 year) – SR to present report at HRC32/June 2016 and GA70/2015
• Commission of Inquiry (COI) Eritrea (1 year) to investigate systematic, widespread and gross violations of human rights, including those that may amount to crimes against humanity - oral update at HRC31/March 2016, GA71/2016 and written report at HRC32/June 2016

Expert meetings:

• HC to organize an expert workshop (prior to HRC34/March 2017) on the impact of strategies to address child, early and forced marriages and to make recommendations for further action by States and the international community (prepare a report for HRC35/June 2017);
• The Social Forum to meet for three days in 2016 to focus on the promotion of human rights by all persons with disabilities in the context of the 10th anniversary of the adoption of the Convention of all Persons with Disabilities and is invited to submit a report containing its conclusions and recommendations to the Council at HRC34/March 2017.

HC/OHCHR/SG reports (without Migrants in Transit, or Gaza as mentioned above)

• HC summary report on the panel discussion of HRC31 on the Incompatibility between Democracy and Racism (before HRC32/June 2016);
• OHCHR to report on its fact-finding mission on human rights, accountability and reconciliation for South Sudan (oral report HRC 30; full report + ID HRC31);
• HC oral report on the findings of OHCHR periodic reports on the situation of human rights in Ukraine as part of the interactive dialogues, and through the modalities of the Council (until HRC32);
• HC report on the deliberations held during the workshop on child, early and forced marriage (HRC35);
• OHCHR to present a summary report on the panel discussion on domestic violence against women and girls, of HRC29 (HRC30).
• HC to report on the contribution of regulation of civilian acquisition, possession and use of firearms to the protection of human rights and to identify best practices for developing national regulation (HRC32);
• HC compilation of best practices to counter the negative impact of corruption on the enjoyment of all human rights (HRC32);
• HC to prepare a report on the impact of States’ implementation of obligations under international human rights law with regard to the protection of the family, on the contribution of families in realizing the right to an adequate standard of living, particularly through their role in poverty eradication and in achieving sustainable development (HRC31);
• OHCHR to compile a detailed analytical study on the relationship between climate change and the human right of everyone to the enjoyment of the highest attainable standard of physical and mental health (prior to HRC31);
• HC and SR reports on the promotion and protection of human rights while countering terrorism to the Council under agenda item 3, in conformity with its annual programme of work.

Panel discussions:

• NEW: Panel discussion on the incompatibility between democracy and racism (HRC31/March 2016, OHCHR to prepare a summary report for HRC32/June 2016
• NEW: High-level panel discussion on the 50th anniversary of international human rights covenants (HRC31/March 2016)
• NEW: Panel discussion on the adverse impact of climate change on States’ efforts to progressively realise the right of everyone to the enjoyment of the highest attainable standard of physical and mental health (HRC31/March 2016, a summary report to be prepared for HRC32/June 2016)
• Annual panel full-day discussion on the human rights of women (HRC32/June 2016)

Allow me to now turn to the role of civil society in the proceedings of the Council during its 29th session. The institutionalized participation of NGOs is a unique feature of the Human Rights Council among other UN intergovernmental organs and I do not exaggerate when I say that our work in Geneva would not be possible to this extent without civil society engagement. Also of grave concern at this session was the fact that Members of the Commission of Inquiry on Eritrea were subjected to threats and intimidation during their stay in Geneva. This is unacceptable.  I am deeply convinced that it was, is and will continue to be in our common interest to collectively and through resolutions promote a culture of non-reprisals, free from fear or intimidation, when it comes to Special Rapporteurs, Commissioners, experts, civil society, human rights defenders and all individuals who seek to cooperate or have cooperated with the United Nations, its representatives and mechanisms in the field of human rights. This is our responsibility.

Distinguished delegates,

With a view ahead: We have the 8th session of the Expert Mechanism on the Rights of Indigenous Peoples coming up from 20 to 24 July and the 30th session of the Human Rights Council from 14 September to 2 October.

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, for this session alone, the appropriations totaled approximately USD 7.5 million. At the same time, the OHCHR is requested to comply with an increasing number of mandates stemming from Council’s decisions, yet 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, and the overall underfunding of human rights within the UN, I would like to thank for the cooperation and support from all Member States through the Fifth Committee.

Furthermore, I also – and here I am in full sync with the High Commissioner – would ask for your support to the High Commissioner’s proposed budget for Section 20 Human Rights for the Biennum 2016 – 2017. It was presented to the ACABQ on 10 June, at which occasion the High Commissioner also introduced his plans for restructuring the Office, as he did at the March Council, particularly as regards the movement of resources to the field to create (7) Regional Hubs and to New York. This change initiative of the OHCHR is based on the outcome of the functional review which was led by external experts and took into account a long series of discussions and meetings. The objective is to make the Office more effective, in discharging its mandate, and more efficient, i.e. saving costs in the medium-term to reinvest in core activities. Respectful of the different mandates, as HRC President, let me underline that the High Commissioner’s initiative is also important for the Human Rights Council in being more effective in implementing its mandate. As President of the HRC, I also wish to ensure that our services, which are provided through the HRC Secretariat of the OHCHR, are maintained as professionally and efficiently as they currently are. And I wish to ensure that the UPR, entering its 3rd cycle in 2017, and Special Procedures, Commissions of Inquiry etc. are adequately served.

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. 

Thank you.