Address by Ms. Kate Gilmore, United Nations Deputy High Commissioner for Human Rights

Geneva, 13 June 2016
Salle XX, Palais des Nations

Mr. President, Members of the Human Rights Council, 
Excellences, colleagues and friends,

This afternoon it is my honor to introduce 12 reports of the Secretary-General and of the High Commissioner concerning a range of thematic issues under items 2 and 3, and other matters under items 5 and 6.

At the outset may I thank the HRC and its distinguished members for the opportunities that these agenda items provide to address in some detail the opportunities for integration of human rights – universal and indivisible - into national development plans as assets to those and not as impediments as is sometimes fear

Let me start with the report on the impact of arms transfers on the enjoyment of human rights (A/HRC/35/8).
Arms transfers, including illicit or unregulated arms transfers and diversion, the proliferation of arms, and the subsequent or potential use of arms, can contribute to serious human rights violations and abuses. For these reasons the Arms Trade Treaty and regional treaties regulating arms transfers make human rights a primary consideration in arms transfer decisions.

To assist States in carrying out their human rights risk assessments under the Arms Trade Treaty and regional instruments, ensure also a consistent application of human rights criteria, and improve accountability and transparency, in arms transfer decisions, the report suggests a number of elements.

The report also points to a need for systematic collection of information about the transfer and use of arms and their impact on the whole spectrum of human rights, including through regular, public reporting by States about their arms transfers decisions, and monitoring by relevant United Nations mechanisms.

Next is our report on conscientious objection to military service (A/HRC/35/4). It describes the important legal developments in recognition of this right at the international, regional and national levels since we last presented the analytical report to this Council four years ago. Some States have adopted laws and regulations that have led to the release of imprisoned conscientious objectors or that equalized the durations of military and alternative service. And some national laws explicitly provide for conscientious objection during military service, after the service has been completed and even when a country mobilizes for armed conflict.

While there is a growing body of jurisprudence and recommendations from Treaty Bodies, Special Procedures, the Universal Periodic Review and regional human rights courts on this issue, some States do not implement them. Equally regrettably, some States do not recognize or fully implement the right to conscientious objection to military service in practice. To them, I wish to echo the call of the outstanding former Chairperson of the Human Rights Committee, the late honourable Sir Nigel Rodley, who stressed that "the right to refuse to kill must be accepted completely".

Moving now to the report on the realization of the equal enjoyment of the right to education by every girl (A/HRC/35/11).  This report maps the many gender-specific obstacles girls face to fulfil their rights to quality education, including:

• harmful gender stereotypes;
• restrictive, discriminatory, unequal and/or limiting laws, policies and budgetary allocations;
• direct and indirect costs of education, including privatization and its particular impacts on girls’ education;
• distance to educational facilities and inadequate physical infrastructure of schools not sensitive to the specific needs of girls;
• lack of quality curricula, materials, and teachers;
• gender-based violence, including on the way to/from and at schools and harmful practices;
• and conflict and unstable situations, which often exacerbate pre-existing forms of discrimination with particularly detrimental impacts on girls’ education.

The 2030 Agenda provides a unique opportunity to address these impediments and fulfil the right of every girl to fully and equally enjoy her right to inclusive quality education – everywhere, at all times, and at all levels.

The next report before you concerns the impact of discrimination and violence in the context of racism and related intolerance on the full enjoyment of all human rights by women and girls (A/HRC/35/10).

The report describes how degrading perceptions and structural discrimination based on social, cultural and other identities drive human rights abuses and violation against specific groups of women and girls - affecting their education, employment, health, justice and their participation in public life.

Through the 2030 Agenda for Sustainable Development we can tackle the root causes of marginalization of specific groups of women and girls in all their complexities, and make its noble promise to “leave no on behind” a reality.

For that to happen, the report recommends legal, policy and practical measures in a range of areas - migration, development, employment, social protection, poverty reduction, health, education, gender equality, responses to violence against women and racism… - which should be considered and adopted with full participation of women and girls affected by discrimination and violence.

Now to the report on the expert workshop on the impact of existing strategies and initiatives to address child, early and forced marriage (A/HRC/35/5). The report highlights the importance of coupling effective legislation prohibiting child and forced marriage with rights-based policies to address the gender-based discrimination that can lead to families and communities perceiving girls as burdens and marriage as a viable option, especially in contexts of poverty.

Promoting gender equality and girls’ and women’s autonomy over their own bodies, their access to quality education, sexual and reproductive health and rights, information and essential services, are crucial to effectively tackling child marriage. We need to invest in the meaningful participation of girls and women in public life, and to engage other sectors, such as gender affairs, child protection, education, health and justice, in responses to child and forced marriage. Successful initiatives involving men and boys and traditional and religious leaders are also highlighted in the report before you.

The report calls for greater accountability, both at international and national levels, and for a human rights-based approach to efforts to eliminate harmful practices, particularly in the context of the implementation of the Sustainable Development Goals.

Moving now to the report (A/HRC/35/9) on ways to bridge the gender digital divide from a human rights perspective. It reminds us that important gender disparities in access to and use of ICTs persist and hinder women’s exercise of their human rights. The High Commissioner therefore proposes that human rights should serve as the framework for bridging the gender digital divide, with norms and principles such as equality, non-discrimination, inclusion, participation and the provision of effective remedies, guiding any action taken in response to issues of access, use and misuse of ICTs. Gender equality should be promoted already in the design and implementation of ICTs and protected in the policy decisions and frameworks that regulate them. It is critical for all stakeholders to invest in creating an enabling and empowering ICT environment that serves the needs of women by respecting, protecting and promoting their human rights online. Without a determined effort to remedy the current situation, there is a real risk that technology will widen gender inequalities in society rather than narrowing them.

The next report before you concerns the relationship between climate change and the rights of the child (A/HRC/35/13).

Climate change threatens children’s rights to health, life, food, water and sanitation, education, housing, culture, and development among others. Natural disasters, water scarcity and food insecurity, air pollution, vector-borne and infectious diseases, and displacement heighten existing social and economic inequalities, intensifies poverty and reverses progress towards improvement in children’s well-being.

Human rights commitments contained in the Convention on the Rights of the Child and the Paris Agreement make clear that States have obligations to take action to protect children’s rights and best interests from the adverse effects of climate change – including to:

• Focus adaptation measures on protecting those children most vulnerable to the impacts of climate change.
• Mobilise adequate resources domestically and through international cooperation for effective climate action that benefits children.
• Ensure climate mitigation and adaptation measures are the product of participatory, evidence-based decision-making processes that take into account the ideas and best interests of children as expressed by children themselves, and last but not least,
• Guarantee that children have access to effective remedies when they suffer harm from climate actions and inactions.

Moving now to the summary report on the one day intersessional seminar on the role of the family in supporting the rights of persons with disabilities (A/HRC/35/12), that this Council held with the support of our office. As detailed in the summary report, key outcomes pointed to the need to support families with members with disabilities, to continue working towards empowering families to better support their members with disabilities in the exercise of their human rights, and provide an enabling framework in law and practice to ensure that persons with disabilities can exercise parenthood on an equal basis with others.

I also with to draw your attention to the report before you that UN Women has prepared, and which relates to the activities of the United Nations Trust Fund in Support of Actions to Eliminate Violence against Women (A/HRC/35/3 - E/CN.6/2017/7).

Excellencies,

Let me conclude by introducing three reports that will be considered during your general debates on items 5 and 6:
The first report concerns the Voluntary Fund for Participation in the UPR (A/HRC/35/17). During the reporting period, this Trust Fund supported exclusively the participation of representatives of developing countries, in particular SIDS and LDCs, to the both UPR Working Group and plenary sessions. In 2016, the Fund granted support to 26 States out of the 35 which could have benefitted from assistance, raising the implementation rate of the activities of the Fund to 74%. We are also exploring the best options to continue to support States not only to participate in the reviews but also to implement recommendations and follow-up to the previous cycles.

The second report concerns the Voluntary Fund for Financial and Technical Assistance in the Implementation of the UPR (A/HRC/35/18). It has, through our field presences, continued to actively supporting States in strengthening or establishing inter-ministerial structures on reporting and follow-up; on developing implementation plans with indicators to assess impact; and on creating on-line databases to track and facilitate reporting on implementation of recommendations. In this regard, the following States have received support from the Voluntary Fund on UPR Implementation during 2016: the Democratic Republic of Congo, Niger, Afghanistan, Samoa, Tajikistan, the former Yugoslav Republic of Macedonia, Iraq, Mauritania, Argentina, Barbados, Bolivia, Chile, Costa Rica, the Dominican Republic, Jamaica, Paraguay and Uruguay.

The report highlights the importance of integrating recommendations from international human rights mechanisms into the national planning processes; using international human rights recommendations for early warning and conflict prevention by integrating them into the Human Rights Up Front initiative; and ensuring that the recommendations become a crucial element in the implementation of the Sustainable Development Goals by integrating them into the relevant national implementation frameworks and action plans.

Active participation of other stakeholders in the follow-up process has proven key for achieving a sustained impact. Hence, they too should be able to benefit, either directly or indirectly, from the Voluntary Fund by becoming involved in the technical cooperation and assistance programme for the States that are beneficiaries of the Fund.

The report also solicits further increased contributions from donors to the Fund, as we have just started with the third cycle of the UPR which is focussing on the importance of follow up at the national level.    

Last but not least, let me report on the activities of the Inter-Parliamentary Union on parliamentary capacity-building.

On 22 June last year, IPU and our office jointly organized a panel discussion to reaffirm the importance of parliamentary involvement in and understanding of the work of international human rights bodies and mechanisms. A number of good practices and recommendations were put forward, including the need for parliaments – especially existing parliamentary human rights committees - to oversee human rights policies and actions by the Executive Branch, in particular the implementation of recommendations emanating from international human rights mechanisms. We will continue to work with the IPU to strengthen parliaments’ engagement with the international human rights framework.

Excellencies, this concludes my introduction of reports under items 2 and 3.