Interactive Dialogue with the Chairperson of the Advisory Committee, Mr. Mikhail Lebedev, Chairperson of the Advisory Committee

36th session of the Human Rights Council
- (11 – 29 September 2017)
Wednesday, 20 September 2017 -  Palais des Nations, Room XX

Excellencies,
Ladies and Gentlemen,

It is a great honour for me to address you today in the context of the presentation of the annual report of the Advisory Committee which covers the Committee’s eighteenth and nineteenth sessions in accordance with Human Rights Council resolution 16/21.

During the period covered by this presentation, the Advisory Committee has continued to give priority to requests from the Council and has begun its work on the five new mandates stemming from the Council’s 34th and 35th sessions. Before you today, along with the reports of the Committee on its eighteenth and nineteenth sessions, you also have thematic reports on two of the mandates the Committee has been working on during the past two years.

Mr. President,

[Unaccompanied migrant children]

The first thematic report before you is the final report on the study on the global issue of unaccompanied migrant children and adolescents and human rights (A/HRC/36/51) pursuant to Council resolutions 29/12.

The report aims to provide a comprehensive analysis of the situation of unaccompanied migrant children from a human rights perspective, and underlines that the rights of children are not limited by borders. It looks at the main categories of unaccompanied and separated children, the reasons why children are forced to abandon their homes and migrate unaccompanied, as well as their situation and the multiple forms of human rights violations and risks they face when migrating unaccompanied, including discrimination, abuses and trafficking in persons. The report documents the push-factors leading to migration of children, notes the complexity of this global issue, which has become a human rights tragedy, and the need to address its root causes, such as generalized poverty, prevalence of worst forms of child labour, lack of education and decent work opportunities, malnutrition, violence in different settings, insecurity and political instability, family instability, or the risk of being abused or killed. As such, grave human rights violations in the country of origin are a common root cause of child migration, while in some cases cultural beliefs can also be part of the root causes, increasing vulnerability to abuses and exploitation, for instance in the case of the child marriage.

While the report notes the good practices in some regions and countries, one concern the Advisory Committee expresses therein is the fact that States often react to emergency situations instead of taking preventive measures. The report highlights the need for cooperation between countries of origin, transit and destination to (share responsibilities and) ensure safe migration of children in general, and unaccompanied migrant children in particular.

The Advisory Committee recommends that countries of origin should reinforce efforts to protect the rights of children to prevent them from having to flee. Countries of origin, transit, and destination should (all take responsibility) take all measures for the protection of unaccompanied migrant children and respond to the various forms of violence and exploitation to which these children are exposed, develop migration policies with the best interest of children in mind, and increase cooperation and communication with the purpose of protecting the rights of migrant children. All States should (ensure) take all appropriate measures that institutions, programmes, and support centers dealing with migrants have child specific facilities and trained staff to assist and protect them. States should eliminate any gaps between the living conditions of migrant children and local children who are depending on welfare authorities. States should reconcile domestic law with international standards and provide a speedy and efficient asylum application process, recognise the varying situations and characteristics of unaccompanied migrant children in the design of policies and programmes, provide children with necessary information in a manner understandable to them, and combat negative perceptions and criminalization of migrants. Finally, the rights of migrant children must be effective and not only declarative, and their application must be measurable in countries of origin, transit, and destination. 

                                     
Ladies and gentlemen,

[Illicit funds]

The second report presented to you today is the progress report of the Committee’s research-based study on the impact of the flow of funds of illicit origin and the non-repatriation thereof to the countries of origin on the enjoyment of human rights, including economic, social and cultural rights (A/HRC/36/52 and its corrigendum) pursuant to Council resolution 31/22.

This progress report was drafted with the central aim to compile relevant best practices and main challenges, and to make recommendations on tackling those challenges. The report emphsizes the need for the use of a broad definition of illicit financial flows and based in this considers estimations of the amount of illicit funds leaving developing countries per year.

The report further examines best practices in the return of illicit funds, including greater scrutiny of politically exposed persons, reversal of the burden of proof for individuals in possession of excessive wealth, pro-repatriation laws in destination countries, adequate training and funding of law enforcement officers, greater transparency and exchange of information, issue-specific and cross-jurisdictional networks, harmonisation of global tax strategies, and promotion of global anti-corruption and tax reform initiatives through greater civil society participation. It also draws on several case-studies to demonstrate the role of financial institutions in the flow and non-repatriation of illicit funds.

The non-repatriation of IFFs has several negative consequences on the enjoyment of human rights. The lack of repatriation of IFFs not only contributes to increase the fracture between developed and developing countries. It also hinders the socio-economic development of developing countries, as well as their capacity to deliver basic social services to their citizens. As consequence, this factor, inter allias, additionally help promote negative trends towards eroding the citizenship’s confidence in the governments and the rule of law ( is eroded), and  perpertuating corruption and poverty (perpetuated). Developing countries lose billions of dollars every year through IFFs. It is estimated that over the past fifty years, the African continent has lost one trillion US dollars in IFFs, an amount equivalent to all the official development assistance received in the same timeframe.

The progress report identifies several challenges inhibiting the return of illicit funds, namely a lack of political will in destination countries to take action against powerful domestic financial institutions and to possibly affect the local economy, difficulty establishing a clear link between the crime committed in the country of origin and the proceeds of crime in the destination jurisdiction, the fact that many transactions are conducted behind several corporate veils and routed through multiple jurisdictions to extinguish traces of ownership, and disagreement between countries of origin and countries in possession of illicit funds on attaching conditions to the return of these funds, for example the condition that they should be spent on the fulfilment of human rights obligations.

The Advisory Committee therefore recommends the prompt and unconditional repatriation of funds of illicit origin to the countries of origin, adequate sanctioning of crimes that are at the origin of IFFs and grand corruption, ensuring accountability for banks and financial intermediaries for their involvement in IFFs, and to support the suppression of tax havens and the regulation of offshore companies.

Distinguished delegates,
Ladies and gentlemen,

At its last session, the Committee made good progress on its ongoing mandate on regional arrangements for the promotion and protection of human rights. At its recently ended nineteenth session in August, the Committee discussed a draft progress report (A/HRC/AC/19/CRP.1) on this topic prepared by the drafting group tasked with the preparation of the progress report, due to be presented to the Council at it’s thirty-ninth session pursuant to Council decision 32/115.

The Committee has also started working on the five new mandates entrusted to it by the Council at its sessions in March and June this year, namely, on:

1. The Impact of the flow of funds of illicit origin and the non-repatriation thereof to the countries of origin on the enjoyment of human rights;
2. Activities of vulture funds and the impact on human rights;
3. National policies and human rights,;
4.  The contribution of development to the enjoyment of human rights, and the negative effects of terrorism on human rights.

The Committee has circulated questionnaires and Note Verbales to relevant stakeholders in order to gather their views and inputs. I take this opportunity to invite all of you present here today to please respond to these requests, which are an essential source of information for the preparation of the reports requested by the Council. The deadline for responding to the questionnaire varies from the different mandates. Information is available on the Advisory Committee webpage. 

[Challenges]

Ladies and Gentlemen,

The Committee has also continued its practice of having informal exchanges with the Council’s Bureau and regional and political group coordinators at its two sessions. Such interaction has been useful in discussing in an informal setting the challenges faced by the Committee. I would, at this stage, like to express the Committee’s gratitude to the current and former Presidents of the Council and members of the Bureau as well as the coordinators of regional and political groups. 

Mr. President,
Distinguished delegates,

In conclusion, let me briefly refer to the efforts of the members of the Committee, and the Committee as a whole, to prepare reflection papers and research proposals and discuss these at the Committee’s sessions, with the aim of  drawing the Council’s attention to important human rights issues. The Committee will continue these efforts, and will continue to bring issues to the attention of the Council as appropriate.  I would like to stress once again the dedicated and collective work of the Committee as a unique collegial body. The Committee privileges, at any time, an inclusive way of working, engages with all stakeholders, including State delegations, non-governmental organizations, national institutions, specialized UN agencies and other intergovernmental organizations. Let me take this opportunity to acknowledge the important contribution of all stakeholders to the Committee’s work.

The Committee is seeking your input through the questionnaires and counts on your active contribution in that regard.

I thank you.