Statement by Mr. Ivan Šimonović, United Nations Assistant Secretary-General for Human Rights at the Regional consultation on enhancing cooperation in the Americas

Washington, D.C.
9 April 2016

Honourable President of the Inter-American Commission on Human Rights,
Honourable Vice-President of the Inter-American Court on Human Rights,
Experts of United Nations and regional human rights mechanisms,
Members of civil society, academia, ladies and gentlemen,

It is a great pleasure for me to welcome you to this regional consultation for the Americas. This is an excellent opportunity to discuss how to enhance cooperation between the UN and the Inter-American system of human rights. I am pleased that we will be benefitting from the interaction with human rights defenders and civil society here today.

The United Nations Human Rights Council has, on several occasions, recognized the important role played by regional, sub-regional and inter-regional human rights arrangements in promoting and protecting human rights. Regional mechanisms have a crucial role in complementing universal human rights standards contained in international human rights instruments.

The Office of the United Nations High Commissioner for Human Rights (OHCHR) has been requested to hold, every two years, international workshops to put forward concrete proposals on ways and means to strengthen cooperation between the United Nations and regional arrangements in the field of human rights.

The first such workshop in November 2008 discussed the general theme of good practices, added value and challenges for regional arrangements. The next one, in May 2010, reflected on how to overcome obstacles to human rights promotion and protection at the regional level. The third event, in December 2012, focused on three specific themes: prevention of torture, women’s rights and children’s rights. The latest workshop, in October 2014, discussed strengthening cooperation in the field of economic and social rights.

So what have we learned at these events? Participants consistently stressed the need to strengthen our cooperation, including through sharing of lessons learned and best practices.

This can be done by establishing focal points; improving information-sharing; and making sure that we cross-reference jurisprudence and recommendations of human rights mechanisms. It is also essential that we enhance cooperation with other relevant stakeholders, including national human rights institutions and civil society actors.

There are a range of joint activities by UN and regional human rights mechanisms currently taking place, including: joint country visits, reports and publications, joint press releases, as well as awareness-raising and capacity-building activities. I also wish to highlight the work by focal points appointed by the individual human rights mechanisms - an important avenue for enhanced cooperation.

One of the interesting events organized by this network, under the leadership of OHCHR, was a workshop of Regional and Sub Regional Courts held in Strasbourg in October 2015. This created a diverse and vibrant forum for the Courts to discuss and share jurisprudence, working methods and initiatives for joint cooperation.

Ladies and gentlemen,

So what has brought us here today? As you may know, resolution 30/3 of the Human Rights Council requested OHCHR to hold a workshop on regional arrangements for the promotion and protection of human rights, in order to take stock of developments since the 2014 workshop. OHCHR will organise this next workshop in October 2016. Participants will include representatives from the UN treaty bodies and special procedures, the African Commission on Human and Peoples’ Rights, the Inter-American Commission on Human Rights (IACHR), the Inter-American Court of Human Rights, the Council of Europe, the Association of South East Asian Nations (ASEAN), the Intergovernmental Commission on Human Rights, the ASEAN Commission on the Promotion and Protection of the Rights of Women and Children and the Independent Permanent Human Rights Commission of the Organization of Islamic Cooperation (OIC). We will also be joined by NGOs, NHRIs, academia and independent experts.

In preparation of the October workshop, OHCHR is organizing regional consultations with civil society and human rights defenders. Our meeting today on the Americas is the first of such consultations, and we look forward to an informal and frank discussion with you. What are the main challenges in the region? What are the opportunities for engagement? What are your ideas for concrete regional strategies of cooperation between UN, regional and national actors? What are your recommendations for the agenda of the international workshop in October 2016?

Ladies and gentlemen,

Human rights defenders and NGOs play a fundamental role in monitoring the application of international human rights standards and in following-up on the implementation of judgments, decisions and recommendations by UN and regional human rights mechanisms.

They also actively contribute to the strengthening of States’ capacity to ensure implementation of international human rights standards. In view of this, how can we further increase the existing cooperation between civil society and mechanisms? How can we improve our joint efforts to tackle the many human rights challenges we face?

In the Americas, the human rights movement is particularly vibrant and engages actively with the universal and regional human rights systems, contributing to their development.

However, let me highlight one particularly worrying global trend: that of shrinking space for civil society and human rights defenders.

It is very timely that this meeting is held just a few weeks after the adoption of the latest Human Rights Council resolution on human rights defenders. The resolution expressed grave concern at the situation of defenders addressing environmental and land issues and corporate responsibility. Among those most at risk are defenders who expose discrimination, corruption and violence at the hands of States, business enterprises and other non-State actors. The Working Group of the Human Rights Council on Enforced or Involuntary Disappearance, for instance, found that the practice of enforced disappearance is often used to repress and intimidate human rights defenders, and to prevent others from claiming and exercising their economic, social and cultural rights. The Human Rights Council resolution also expressed particular concern about systemic discrimination and violence faced by women human rights defenders, and called upon all States to protect them.

In various regions, civil society voices are silenced through the enactment and use of overly restrictive legislation that limits the exercise of public freedoms and the work by civil society organizations. Minority rights defenders and women human rights defenders are particularly at risk of being targeted. We see obstructive regulation of the democratic space online, including by the blocking of websites and mass surveillance.

Those critical of the Government and journalists are arbitrarily arrested or detained - particularly those who investigate human rights violations, corruption and malfeasance by officials.  

I am very concerned about the deterioration of the situation of human rights defenders in the Americas. Too many human rights defenders and journalists are being subjected to harassment, stigmatization, obstruction and even criminalisation. An increase of murders has been reported in a number of countries. Community leaders and activists working on issues related to natural resources and land continue to be at risk.  Human rights defenders face reprisals for collaborating with the international and regional human rights mechanisms.

These mechanisms have themselves also come under attack. States have promoted reforms which could jeopardize their autonomy and questioned the legitimacy of their independent experts. As you will know, a criminal investigation was recently initiated against the Executive Director of the Inter-American Commission for Human Rights and a defamation campaign against the Interdisciplinary Group of Idependent Experts of the Commission. We express concern at any attempt to undermine the regional human rights system, which could have dissuasive effect on the work of human rights defenders.

We need to reverse this negative trend of closing civil society space. As requested by Human Rights Council resolution 27/31, the High Commissioner will at the June session present a compilation of practical recommendations for the creation and maintenance of a safe and enabling environment for civil society, based on good practices and lessons learned.

In this regard, your reflections today on ways to improve information-sharing and protection will be very useful.

Another area that we need to consider is how to carry out effective joint activities of UN and Inter-American human rights mechanisms in relation to human rights defenders and civil society. OHCHR and the Inter-American Commission signed a joint declaration in November 2014, which amongst others encourages joint activities, and exchange of information. This is indeed a good practice and should be utilized.

I would like to encourage you to reflect on situations in which joint activities could be envisaged, and on the convenience - or not - of establishing institutional channels. A good example is the meeting of chairpersons of UN human rights treaty bodies and the Inter-American Commission for Human Rights that held a meeting in June 2015. During this meeting, several recommendations were made to enhance cooperation, including with regard to reporting and handling of complaints. UN treaty bodies and the Inter-American Court for Human Rights have also increasingly been referring to each other’s jurisprudence and cases.

Implementation and follow up to decisions and recommendations resulting from Inter-American and UN human rights mechanisms still remains a challenge. How can we increase our joint efforts to ensure that Member States implement the recommendations by our bodies and mechanisms?

In this regard, I invite you to reflect on the following questions: how can we improve complementarity of the UN and Inter-American human rights systems to strengthen follow-up? How can we better benefit from other mechanisms’ recommendations to develop a more strategic approach? 

Ladies and Gentlemen,

In conclusion, I would like to thank the Inter-American Commission and Court on Human Rights for their cooperation in the preparation of this meeting. We also much appreciate the commitment, expertise and experience that all the participants bring to this meeting.

I wish you very fruitful discussions.

Thank you.