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Statement by H.E. Ambassador Joachim Ruecker, President of the Human Rights Council at the Third Committee,
Seventieth session of the General Assembly -
16 November 2015, New York

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16 November 2015

Mr. Chairman,
Excellencies,
Distinguished delegates,
Ladies and gentlemen,

It is an honour to come to you today to present the annual report of the Human Rights Council and to participate in an interactive dialogue with the Third Committee. As I have delivered a lengthy statement this morning in the GA Plenary, I will keep my statement short in order to also have more time for questions later on.

Mr. Chairman,

In 2005, then Secretary-General presented his vision for the Human Rights Council in his report “In larger freedom: towards development, security and human rights for all”.

Ten years later, we mark the 70th year of the United Nations and the ninth year since the establishment of the Human Rights Council. While still being a young body, as it only enters into the tenth year, the Council’s record up to today testifies to high responsiveness and agility in dealing with human rights issues all over of the world.

In 2015, a total of 137 resolutions, decisions and President’s statements were adopted, 84 of them without a vote. Many of the resolutions, including on country issues, were cross-regional initiatives, affirming the resolve of the Council to take action on important human rights issues by overcoming different political perceptions and positions. A complete account of our work in 2015 is before you today. 

Turning to country-situations, the Council continues to send a strong message with regard to the grave human rights situations in the world. In March, the Council prolonged the Commission of Inquiry on Syria for another year. Along with the consideration of the human rights situation in the Democratic People’s Republic of Korea, on which the Special Rapporteur presented his report at the March Council and a panel discussion, was held in September, Syria also remained high on the Council’s agenda in June and September. With regard to the human rights situation in Eritrea, the Council decided to prolong the Commission of Inquiry at its June session. In addition, the Independent Commission of Inquiry on the 2014 Gaza conflict presented its report to the Council last June.

In 2015, the Council further held a special session in light of the terrorist attacks and human rights abuses and violations committed by the terrorist group Boko Haram. The Council requested the Office of the High Commissioner for Human Rights to collect information from affected States and in close co-operation and consultation with them. The mandated report on violations and abuses of human rights and atrocities committed by the terrorist group (Boko Haram) in the States affected by such acts was considered by the Council in September.

The Council also requested the High Commissioner to urgently dispatch a mission to investigate violations and abuses of international human rights law committed in Libya since 2014. And he was tasked to further strengthen the presence of the Office in Palestine. Another fact-finding mission was mandated, to monitor and report on the situation of human rights in South Sudan.
In 2015, the Council also extended existing country-specific special procedures mandates on Belarus, Cambodia, the Central African Republic, Côte d’Ivoire, Democratic People’s Republic of Korea, Eritrea, the Islamic Republic of Iran, Mali, Myanmar, Somalia and the Sudan.

Other situations considered by the Council – primarily under item 10 regarding technical assistance and capacity-building - included, inter alia, the human rights situation in Burundi, the Democratic Republic of the Congo, Guinea, Haiti, Iraq, Sri Lanka, Ukraine and Yemen.

Mr. Chairman,

During its past three regular sessions, among other debates, the Council has held a total of 17 panel discussions. The width of themes covered by these panel discussions is very broad and provides therefore a good indication on the range of topics discussed at the Human Rights Council. The Council discussed for instance the question of death penalty, human rights and climate change, the rights of persons with disabilities, the state of racial discrimination worldwide, the rights of the child, equal enjoyment of the right to education by every girl, rights of women, as well as effects of terrorism on the enjoyment of human rights, unilateral coercive measures, good governance in public service, and world drug problem. The panels held throughout the year have benefitted from the expertise and perspectives of panellists including representatives of governments, parliaments, human rights mechanisms, international and regional organizations, journalists, academia, and civil society representing affected communities.

The Council also decided to establish two new special procedures mandates this year, bringing the total number of mandates to 56.  The new mandates are on the enjoyment of human rights by persons with albinism, and on the right to privacy.

Following GA resolution 60/251, members elected to the Council shall uphold the highest standards in the promotion and protection of human rights and shall fully cooperate with the Council. In this regard, and while I am pleased to inform you that, as of 11 November, 114 Member States and 1 non-Member Observer State have extended a standing invitation to thematic special procedures, I am also concerned that many States do not cooperate with the Council’s mechanisms. I call upon all of States that have not yet done so to issue standing invitations to the Special Procedure mandate-holders and to fully cooperate with the Council’s mechanisms, including by implementing their recommendations, in an effort to strengthen human rights worldwide.

Mr. Chairman,

The number of high-level dignitaries, around 100, addressing the Council during the high-level segment of the March session demonstrates the growing influence of the Council as the main United Nations body, responsible for the promotion and protection of human rights. This is further testified by the high number of civil society representatives from all over the world attending and following our Council proceedings.

I am also pleased to inform you that we have continued to make the work of the Council accessible to persons with disabilities pursuant to the legal obligations arising from the Convention on the Rights of Persons with Disabilities and in line with the mandate given to the Council's Task Force on this issue.

Mr. Chairman,

Now, I would like to draw your attention to Chapter II of the Council’s annual report and its addendum. It contains Council resolutions and decisions which make specific recommendations or suggestions to the General Assembly.

In resolution 28/1 on the composition of the staff of the Office of the High Commissioner, the Council invites the General Assembly and its appropriate subsidiary bodies to give consideration to the Composition of staff of the OHCHR and, as necessary, to the relevant sections of the report of the Joint Inspection Unit.

Resolutions 28/20 and 30/10 on the human rights situation in Syria set out recommendations for the General Assembly to submit the reports of the Commission of Inquiry on Syria to the Security Council for appropriate action.

Resolution 28/28 on the contribution of the Human Rights Council to the special session of the General Assembly on the world drug problem of 2016 invites the General Assembly to take into account the contribution of the Human Rights Council during its special session on the world drug problem in 2016 and of the Commission on Narcotic Drugs during the preparatory process, in accordance with relevant rules of procedure and established practices.

In resolution 28/34, the Council recommends that the General Assembly designate 9 December as the International Day of Commemoration and Dignity of the Victims of Genocide.

The Council, in its resolution 29/1 recommends that the General Assembly mark the fiftieth anniversary of the International Covenants on Human Rights during its seventy-first session.

In resolution 29/25, the Council recommends that the General Assembly remains apprised of the matter until it is satisfied that appropriate action with regard to implementing the recommendations made by the United Nations Fact-Finding Mission on the Gaza Conflict in its report has been or is being taken appropriately at the domestic or international levels to ensure justice for victims and accountability for perpetrators.

The Council also requested, through resolution 30/16 that the General Assembly, in view of the fifteenth anniversary of the adoption of the Durban Declaration and Programme of Action, dedicate a theme on its full and effective implementation, including the universal ratification of the International Convention on the Elimination of All Forms of Racial Discrimination, the withdrawal of reservations to article 4 of the Convention, the submission of declarations to article 14 of the Convention and the development of national action plans exclusively dedicated to the total eradication of all scourges of racism at the high-level segment of its seventy-first session.

Furthermore, in resolution 30/17, the Secretary-General is requested to, through the General Assembly, review and rescind the mandate of the independent eminent experts for the successful implementation of the Durban Declaration and Programme of Action and, in lieu of this mandate, to establish a forum on people of African descent.

In its resolution 30/8, the Council mandated a panel discussion on the progress and challenges in addressing human rights issues in the context of efforts to end the HIV/AIDS epidemic by 2030. The report of the discussion will be brought to the attention of the General Assembly ahead of the high-level meeting on HIV/AIDS in 2016.

Finally, in resolution 30/28 the Council requeststhe General Assembly to consider holding a high-level segment on the right to development during the general debate at its 71st session.

Mr. Chairman,

Allow me now to turn briefly to the Universal Periodic Review of the Human Rights Council. 

Allow me now to turn to the – from my perspective highly valuable and unique - Universal Periodic Review of the Human Rights Council.  We are now getting closer to the end of the second cycle of this peer review mechanism and the beginning of the third one. The UPR continues to get positive feedback from all actors involved. I would like to take this opportunity to highlight a number of positive trends I had the privilege to witness in the course of this year. Of course, there are also challenges ahead of us that would require our attention and concerted action.

The principle of universality of the process continues to be preserved. All States scheduled for review came; and most of them with delegations at ministerial level. This demonstrates the commitment of all States to the Universal Periodic Review and is of utmost importance. Nevertheless, challenges remain, in particular related to the participation and involvement of States which do not have a representation in Geneva or only a very small one. 

We are aware of this challenge and the OHCHR put in place a variety of programmes and activities to address the needs of those States and to ensure their participation in the UPR.

Another important principle is the one of periodicity which offers the opportunity to measure progress. The focus must lie on implementation of recommendations. And therefore ideally, national reports and presentations at the Working Group refer to the implementation of recommendations from the previous review cycle. This rightly reflects the cyclical nature of the reviews and the process between the presentations at the Working Group in Geneva.  Going forward, there is no doubt that this focus on follow-up and implementation, reporting on the impact and the change on the ground, will need to be much more highlighted. This will also help to safeguard the credibility of this mechanism. 

In this regard, increasingly more States are, on a voluntary basis, either submitting mid-term reports which take stock of progress made or using the framework provided by the Human Rights Council to share progress made and challenges faced in the implementation of recommendations.  States are also increasingly strengthening their national processes and systems to enable a more systematic engagement with and follow-up on the recommendations from the human rights mechanisms, including the Universal Periodic Review. 

Mr. Chairman,

I would like to turn to an issue of the protection of the role of civil society and national human rights institutions in our work. Active participation and contribution of civil society organizations and of national human rights institutions is central to the work of the Human Rights Council and its mechanisms, and it makes it a unique forum among other United Nations intergovernmental organs. As I said this morning in the GA, civil society – human rights defenders, NGOs and NHRIs - not only contribute to our discussions, but they make us more effective and provide us with a mirror of realities on the ground. Civil society is not a nice to have; it is at the core of our work, at the core of human rights. 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.

In the course of the year, I have been apprised and seized of alleged and verified cases of intimidations, threats and reprisals against individuals from civil society organizations, national human rights institutions and even Special Procedure mandate holders.  I have repeatedly appealed to the Council to ensure the safe participation and involvement of civil society in our work and, where required, I have followed up directly with concerned States. I have also documented the cases that were brought to my attention and have submitted them to the Secretary-General for inclusion in his report on the cooperation with the United Nations, its representatives and mechanisms in the field of human rights.

Mr. Chairman,

Let me briefly turn to another subject matter – the much welcome and increased participation of Least Developed Countries (LDCs) and Small Islands Developing Countries (SIDS) in the work of the Human Rights Council. In this regard, I want to particularly thank the OHCHR for their efforts. In 2015, the LDCs/SIDS Fund enabled participation of 20 delegates in the three regular sessions of the Human Rights Council hence tripling the number of beneficiaries compared to the previous year. In addition, six government officials, including four women, were selected to participate in the three month Geneva based Fellowships Programme of the Fund that will end next week. As President of the Human Rights Council, I recognize the importance of the Fund and the need for sustained funding.  

I am also very grateful to the Permanent Missions of the Netherlands and Morocco for organizing on Wednesday 18 November, an event here in New York on the work of this fund.

Mr. Chairman,

As our 5th Committee colleagues are discussing today the budget on human rights, I would like to touch upon the significant challenges facing the Human Rights Council in terms of resources. As I said earlier, the Council continues to adopt a high number of resolutions/decisions carrying significant resource implications. Resources are also of great importance for the OHCHR’s work on capacity-building and technical cooperation.

Unfortunately, the regular budget has not kept pace with that growth. For example, the High Commissioner and his office often has to rely on voluntary contributions to implement mandated activities. However, a strong and independent High Commissioner and office is and will continue to be in our common interest.

Therefore, I would like to seek co-operation and support from all Member States to address this issue, through the Fifth Committee, by positively considering options on how to address the funding gap, including with regard to new mandates arising from resolutions and decisions of the Council.

Mr. Chairman,

In order to allow time for questions and answers, I just wish to also inform you that my mandate terminates at the end of the year. My successor will come from the Asian Group and I trust that you will continue to work closely with her or him in 2016.

I thank you for your attention and look forward to listening to your questions and comments in the framework of this interactive dialogue.

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