Address by Ms. Kate Gilmore, United Nations Deputy High Commissioner for Human Rights at the 32th session of the Human Rights Council - Introduction to thematic reports of the Secretary-General and the High Commissioner under items 2, 3, 5 and 6

Geneva, XX June 2016

Salle XX, Palais des Nations

Mr. President, Members of the Human Rights Council, 

Excellences, colleagues and friends,

This afternoon I will introduce thirteen reports of the Secretary-General and of the High Commissioner concerning a range of thematic issues.

One report will serve as basis for separate discussions during this session - namely the report on the contribution of parliaments to the work of this Council, which will be considered during your Panel on 22 June.

Three reports contain summaries of discussions already held – being on the impact of climate change on the right to health, on human rights in the context of combating HIV/AIDS and on the incompatibility between democracy and racism.
Since you already have been introduced to the issues covered by those reports, I will focus now on most important findings of the other nine reports.

I will start with item 3, concerning our practical recommendations for the creation and maintenance of a safe and enabling environment for civil society, based on good practices and on lessons learned (A/HRC/32/20).

As you are aware, States have an international legal obligation to guarantee public freedoms: freedoms of expression, peaceful assembly and association, and the right to participate in public affairs.

Public freedoms drive civic activity. And civic activity in turn compels us forward towards positive social engagement, participation and the release of what otherwise can become pent up frustration.  In other words, free, independent, dynamic civic activity is indispensable for peaceful, stable, and prosperous societies.

And yet you will find at this Council no shortage of stories about the steps States are taking to to prevent, impede and/or punish those who call on Governments and leaders to keep their promises; promises freely given to uphold international human rights legal standards.

This is the context that stifles, stymies and shrinks democratic space worldwide.  And it is wrong headed, short sighted and counter productive, arguably driven by self rather than national interests.  Both the science and data show that civic activity works; it's good for business; it’s right for innovation; the key to peace and the principal means by which the right to development can be sustainable exercised.

This is why capturing and promoting good practices to highlight the benefits of an enabling environment for civil society is so important – both urgent and necessary.

In our report, we focus on examples that optimize civil society’s transformative potential and – as you will see, we have distilled the essential ingredients and we commend these to you.   
They are:
-     a robust legal framework that is fully compliant with the international standards pertaining to the exercise of public freedoms and effective access to justice;
-     a political environment conducive to and respectful of civil society work;
-     access to information;
-     avenues for participation by civil society in policy development and decision-making processes; and
-     long-term support and resources for civil society.

The report provides examples from around the world that demonstrate how the returns far exceed small investments in dividends of political will. 

Why should governments deny themselves access to the best ideas about how to propel forward economic development, and political stability.  It is in the interests of excellence in governance that barriers to the exercise of public freedoms be dismantled. This can unleash citizens' creativity and ingenuity to produce genuinely local solutions.  In that process alone an additional peace dividend can so readily be reaped.

Recommendations to States, as well as the international community, round out our report. Whether at the global, regional, national or local level, provided we take concrete steps to expand, uphold and protect space for civil society actors to work freely and independently, everyone - will benefit and not merely the small small minorities that already have disproportionate access to privilege.

Our report on best practices of efforts to counter the negative impact of corruption on the enjoyment of all human rights (A/HRC/32/22) provides further evidence of why the rule of law is an irreplaceable friend to good government.

Through the gift of the 2030 Agenda the community of Member States have asked us all take urgent action to “substantially reduce corruption and bribery in all their forms” and “strengthen the recovery and return of stolen assets”.

Our report provides incontrovertible evidence that tackling corruption from a human rights perspective strengthens anti-corruption efforts.  We highlight the cruel impact of corruption on individuals.  We show the benefit of reinforcing the legal basis of anti-corruption laws, policies and actions.  And, we demonstrate how the fight against corruption is a legitimate concern of the international community.

Realization of human rights is the pathway to effective erosion of corruption.  Freedom of the press, freedom of information, protection of whistle-blowers, and an independent and impartial judiciary – these are ingredients at the core of effective measures for the eradication of corruption.  I must stress that anti-corruption activists play are indispensable assets in the struggle to protect public assets and public wealth from private theft.   They truly are human rights defenders, and along with international, regional and national human rights mechanisms, including national human rights institutions, they are our greatest allies in the erosion of the corrosion of corruption.

Our report on the regulation of civilian acquisition, possession and use of firearms and its contribution to the protection of human rights (A/HRC/32/21) could not be more timely, given the cruel, grotesque mass killing perpetrated in Florida just one week ago.

Our report highlights this message – that the gun violence is wrecking a devastating impact on a host of human rights with women and children frequently victims of firearm-related violence, including when guns are used to aid commission of rape and other sexual violence, abduction, assault and domestic violence.

Our report recalls what States have so often acknowledged, that laws, regulations and administrative procedures to ensure effective control over the legal possession of firearms by all persons and companies under their jurisdiction can be secured with appropriate licensing, registration, monitoring, auditing and mandatory training.  Such a legal environment should provide for appropriate penalties and/or administrative sanctions for offences involving the misuse or unlawful possession of firearms, the illicit sale of firearms and the unauthorized international transfer of firearms.

The example of many countries clearly shows that a legal framework to control the acquisition and use of firearms leads to a dramatic reduction in violent crime. Robust licensing systems are crucial.   As the High Commissioner has stated in regard to countries that lack such controls, “it is hard to find a rational justification that explains the ease with which people can buy firearms, including assault rifles, in spite of prior criminal backgrounds, drug use, histories of domestic violence and mental illness”.

Our report on legal options and practical measures to improve access to remedy for victims of business-related human rights abuses (A/HRC/32/19) is the outcome of a two years’ long research and multi-stakeholder consultative process led by OHCHR on enhancement of the effectiveness of domestic judicial systems in cases of business involvement with human rights abuse. The mandate for the report was given to us by resolution 26/22 and it reflects a concern, particularly by victims and their representatives, about the significant legal and practical barriers to access to effective legal remedy for harms resulting from the actions of economic actors.

As you know, access to remedy is a key dimension of the UN Guiding Principles on Business and Human Rights and our report aims to support States in their efforts to implement this element. The report’s recommendations are directed to policy makers and enforcement agencies, and also for national human rights institutions, civil society, trade unions and for others who advocate greater accountability and easier access to remedy.

Our recommendations affirm the need to:
-     review domestic law and policy regimes, taking into account the particular challenges arising from complex global supply chains;
-     improve the effectiveness of State-based judicial mechanisms in cases of business-related human rights abuses; and
-     integrate the guidance in national action plans on business and human rights.

I am very pleased now to present OHCHR’s 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 (A/HRC/32/23).

Climate change has far-reaching implications for the enjoyment of the right to health. It is a threat multiplier. 

Its negative impacts are disproportionately borne by persons and communities already in disadvantageous situations owing to geography, poverty, gender, age, disability, or cultural or ethnic background, among others.

Our report recommends that States:
-     Mitigate climate change to the greatest extent possible so as to achieve the 1.5°C target laid out in the Paris Agreement.
-     Ensure that all persons, particularly those in vulnerable situations, have what they need to adapt  effectively, safely and indignity to changing climactic conditions, respecting human rights.
-     Take measures to fulfil their minimum core obligations with regard to the right to health, including through achieveing universal health coverage and providing social protection floors.
-     Integrate policies on health and human rights into their national action plans for climate; prioritizing climate actions that lead to resilience and direct reductions in ill-health, poverty and inequality.

Moving now to item 2 and UN Women’s report on the activities of the Trust Fund in Support of Actions to Eliminate Violence against Women (A/HRC/32/3 – E/CN.6/2016/8).

The Fund was established by the GA in 1996 and is administered by the UN Women. This year marks its 20th Anniversary. Since its creation, the fund has awarded USD 116 million to 426 initiatives in 136 countries and territories. Its current portfolio is comprised of 111 grants in 76 countries and territories totaling USD 57 million.

Despite the growing recognition that violence against women is a human rights pandemic and a major obstacle to development, this violation continues to be unjustifiably a low priority in national planning, programming and budgeting.  Simply put, prevention and elimination of violence against women and girls suffers from chronic underfunding.

Governments from all regions of the world agree that achieving gender equality and empowering women and girls are central to fulfillment of the 2030 agenda.  This is not possible unless ending violence against women and girls is made a core priority.  This goal is urgent and essential – it must be matched by resources commensurate with this standing.

The UNTF is the only global, multilateral, grant-making mechanism in support of national efforts to end violence against women and girls – it has a unique and invaluable role and deserves significant capitalization so that it may support efforts to address the issue of violence against women and girls.

I will close now with brief introduction to three reports that will be considered during item 5 and item 6:

The report on the Expert Workshop on the review of the mandate of the Expert Mechanism on the Rights of Indigenous Peoples (A/HRC/32/26) shows broad support by both States and indigenous peoples for a strengthening of the mandate of this subsidiary body of the Council so that it can better contribute to the promotion and protection of indigenous peoples’ rights.

Proposals recommended to you range from increased engagement on these questions at country level to the preparation of a global report annually on the implementation of the UN Declaration on the Rights of Indigenous Peoples.

The Expert Workshop also highlighted common concerns for coordination between the Expert Mechanism, the Special Rapporteur on the Rights of Indigenous Peoples and the UN Permanent Forum on Indigenous Peoples; appropriate investment of resources and the unfettered participation of indigenous peoples in the Expert Mechanism’s sessions. We commend to you the recommended concrete steps to be taken to address these concerns.

The report on the Operations of the Voluntary Fund for Financial and Technical Assistance in the Implementation of the UPR (A/HRC/32/28) provides an overview of the support provided to States in their efforts to implement UPR recommendations. 

In this, strengthening national follow-up mechanisms and processes – including tools such as implementation plans and databases for tracking purposes has been a key objective.

As our report highlights, we will continue to use the Voluntary Fund to develop tools for more effective follow-up on the ground, for example, by improving the Universal Human Rights Index and by developing a prototype for national monitoring databases that can draw recommendations directly from the Index.  Please do support replenishment of the Voluntary Fund because it is showing itself to a key source of sustainable support to States in their implementation of the recommendations of the international human rights mechanisms. 

Finally, I am pleased to present under item 6, the 2015 activities of the Trust Fund for participation in the UPR (A/HRC/32/27) which enables States’ participation in both their reviews in the working group and in the UPR segment of the Council.

In addition to travel assistance, the Fund supports briefing and training activities to strengthen States’ capacities to engage with the UPR, including in 2015 through regional seminars for the English speaking Caribbean States and Suriname, for Portuguese speaking countries as well as Pacific Island States respectively.

The peer to peer sharing of experiences in the preparation of reviews, national reports and on follow-up is extremely valuable, in particular for smaller States. The Fund also supported a fourth regional briefing to parliamentarians which was held in Manila in February 2015, about which you will be further on 22 June.

Distinguished President,
This concludes our introduction of the thematic reports under items 2, 3, 5 and 6.

Thank you for your kind attention.