Statement by Human Rights Council President at Glion Human Rights Dialogue on the future of the Human Rights Council

French

27 May 2019

Ambassador Valentin Zellweger,
Ambassador Frank Grütter,
Deputy High-Commissioner for Human Rights, Kate Gilmore,
Assistant Secretary-General for Strategic Coordination, Fabrizio Hochschild,
Excellencies,
Colleagues,
Friends,

Good afternoon. It is a great pleasure to have the opportunity to address all of you today on the occasion of the opening of the 2019 Glion Human Rights Dialogue.

I wish to express my sincere appreciation to the Federal Department of Foreign Affairs of Switzerland and the Universal Rights Group, in partnership with the Permanent Missions of Botswana, Fiji, Iceland, Mexico and Thailand, for organizing this sixth Glion Human Rights Dialogue. I also wish to congratulate the Glion Process for the fruitful dialogues held over the past five years. I have no doubt that the 2019 edition will produce even more valuable inputs and ideas to help us make our Human Rights Council stronger and more effective in promoting and protecting human rights.

Over the course of today and tomorrow, you will be addressing very important and timely issues that deserve focused consideration, open debate and in-depth discussion.

[HRC Contribution to the 2021 – 2026 Review]

First, the issue of the 2021-2026 Review of the status of the Council. It has been thirteen years since the General Assembly established the Human Rights Council as its subsidiary body. At that time, the General Assembly decided through resolution 60/251 that it would review the status of the Council within five years, while at the same time mandating the Council to review its work and functioning five years after its establishment and report back to it.

Thus, in 2011, the GA and the Council carried out the two review processes, working together closely on the question of status based on a joint-letter by the respective Presidents. In fact, the then-President of the Human Rights Council appointed a focal point on the issue of relations between Geneva and New York. Both processes in Geneva and New York were conducted with a high degree of harmonization and mutual respect.

Following this review, the GA decided in its resolution 65/281 to maintain the Council’s status as a subsidiary body and to consider again the question of whether to maintain this status at an appropriate time no sooner than ten years and no later than fifteen years, effectively setting for itself the goal of completing its review of the Council's status between June 2021 and June 2026. This time around, however, the GA did not mandate the Council to carry out a review of its work and functioning, as it had done five years before.

Numerous meetings and discussions have taken place recently on questions relating to the upcoming GA review of the Council’s status and specifically on the questions of whether or not the Council should contribute to the review and if so, how and when, as well as a possible review of the Council’s work and functioning. The Fifth Glion Human Rights Dialogue held last year is just one of many meetings that has addressed these questions. Seeing that we are already half-way through 2019, and 2021 will be upon us before we know it, there is a sense of urgency that runs through many of these discussions.

Although there is wide recognition that the Council should be involved in the review of its status, there remain differing views and positions on how this should be done. Additionally, the issue of a simultaneous review by the Council of its work and functioning is meeting some scepticism and reluctance based on the lack of formal request by the General Assembly to that effect as well as doubts expressed as to the anticipated outcomes to this review. These differences must be addressed if we are to have any hope for arriving to consensus on the major questions, and I believe that any action on these questions without consensus would not only be futile but indeed detrimental to the Council.

I am pleased to note, however, that there is serious and constructive engagement in the process to strengthen the efficiency and effectiveness of the Council, which is widely regarded as a sound way to ensure that the Council is improving its working methods without losing sight of the importance of its substantive work. I know I can continue to count on the support of all in this important endeavour. 

I wish to emphasize once again that the future of the Human Rights Council is everyone’s business, and it is thus absolutely necessary to hear and consider the views of all stakeholders.

It is for this reason I held the informal exchange of views with all Council stakeholders on 28 March. It was an inclusive and transparent discussion, where we were able to take stock of all views concerning the issue of the review of the Council.

As promised, during my visit to New York in April, I discussed this issue with the President of the General Assembly. After informing her about the view and positions expressed by the delegations who took the floor during the exchange of views on 28 March, the PGA showed openness to examine possible ways for the Council to contribute to the process of review in due time.

Let me reiterate, the review process belongs to the Member States, and my opinions as President don’t really matter. However, I want to encourage all of you to ensure that the ongoing discussions on this issue are inclusive and transparent, and to coordinate closely with New York delegations. I also encourage you to continue supporting the efficiency and effectiveness process which is proceeding on a continuing basis since 2015.

Implementation

During this year’s Human Rights Dialogue, you will also be discussing the issue of implementation.

Follow-up on and implementation of the decisions and recommendations of the Human Rights Council is key if we truly want to improve human rights situations on the ground and enable rights holders everywhere to fully enjoy all of their fundamental freedoms.

The Council is indeed the leading intergovernmental body on human rights where the voices of all stakeholders can be heard.  But the countless hours we spend and the great effort we put forward as we prepare for and participate in the Council go to waste if there is no follow-up to our discussions.

As was highlighted during the first of two intersessional seminars on the contribution that the Council can make to the prevention of human rights violations, the implementation of Council recommendations can contribute to prevention of human rights violations. In order to achieve real, tangible results on the ground, and prevent violations from occurring in the future, we must strengthen implementation efforts.

While it is up to the States to ensure implementation, the multilateral human rights system, and especially the Human Rights Council, is perfectly positioned to support States in their implementation efforts.

The Council’s Special Procedures assist States with implementation by reminding them of their human rights obligations, highlight areas and issues that require improvements and provide expert advice and recommendations. The Council’s UPR mechanism provides an invaluable forum to directly address States about the implementation of their human rights obligations and recommendations were received and accepted under prior reviews. The Special Procedures and the UPR have produced numerous good examples of States implementing human rights norms as a result of recommendations received through the Council. The Council has also recognized that Parliamentarians, NHRIs, NGOs and UN Country teams play a fundamental role in efforts to follow-up on and implement Council recommendations and decisions.

But there is no denying that human rights are under attack around the world today and it appears that democracy is stalling, taken hostage by the demagogic and populist speeches that manipulate the citizens and lock them in fears. Abuses and violations are taking place on a daily basis, and no country immune. This means that we need to be doing much more to ensure that our words are translated into concrete action to the benefit of rights holders everywhere. While “outside the box” thinking is necessary to instigate fresh ideas, trust-building is equally necessary. Regardless of its positioning to support States in implementation efforts, if there is no trust in the Council then all of our work will remain as words on paper.

In order to build trust, we need sufficient time and space within the Council to discuss issues related to follow-up and implementation, such as challenges being faced, lessons that have been learned and achievements made. For example, the Council should have adequate time where requests for capacity-building support can be matched with pledges of international support.

This is another reason why it is essential that we continue our ongoing work to improve the efficiency of the Council – to have time to focus on implementation and close the gap between the dialogues and decisions of the Council, and real actions on the ground.

Emerging issues and developing effective Council responses

Additionally, we must ensure that the Council has the necessary space and time to be able to take up and consider emerging issues and develop effective responses.

The world around us changes very quickly. While the inalienable rights and freedoms laid out in the Universal Declaration of Human Rights more than 70 years ago remain constant, the human rights issues and challenges being faced change as a result of our changing world. Today, for example, climate change is a major topic of discussion at all levels, with the UN Secretary-General calling it “the defining issue of our time”. But when the Human Rights Council was created in 2006, the issue of climate change and its impact on our lives was just beginning to come into mainstream discussion. The same applies to many other topics and societal issues that were once considered to be science fiction but are becoming a reality in our current life. The incredible breakthroughs achieved on many different fronts, from artificial intelligence to medicine and research, have a direct impact on the implementation of many of the human rights enshrined in the Universal Declaration and subsequent Covenants and Conventions. 

The migration phenomenon, a complex problem of our era, deserves a lot of attention as it shows more and more a dichotomy between implemented policies and respect for human rights. The same is true of the fight against terrorism, against which the state must act but while taking into account both the essential requirement of freedom of each person and the legitimate need for security of the entire population.

Tasked with promoting universal respect for the protection of all human rights and fundamental freedoms of all, the Council has the responsibility to stay current and give attention to new human rights trends and emerging issues.

The Council has numerous mechanisms to assist it in identifying and addressing emerging issues. For example, the Human Rights Council Advisory Committee, known as the Council’s “think tank”, is a useful body to bring to the Council’s attention new human rights trends and emerging issues and challenges that require its attention, and provide advice on how the Council can effectively respond to them. The Council’s Special Procedures also play an important role by sounding the alarm on thematic issues as well as worrying developments in country situations.

The Council must have more time to examine new issues and engage in constructive dialogue on how to ensure, every day more, better protection of human rights, on the basis of the strengthening of our common humanity, as a pledge of strengthening the dignity of our fellow human beings everywhere in the world.

Conclusion

As you know, in February I appointed five Co-facilitators to carry out consultations and advise me on the implementation of the Presidential statement that was adopted by the Council last December, and the ongoing efficiency process. Three facilitators are currently working on the implementation of the measures included in the PRST, while two are continuing the discussions on the issues of the General Debates and the UPR.

I will be holding a second meeting of co-facilitators in mid-June, to discuss the outcome of the facilitation process which is currently underway. I strongly encourage all of you to actively engage in this process, with the view to making the Council more efficient and thus opening more time and space for discussions on implementation efforts as well as new trends and emerging issues. I firmly believe that through this process we will be able to make the Council more efficient, thus resulting in having more space and time for implementation as well as for examining and considering emerging human rights issues.

These ideals challenge us all, without exception, as a member of the human community. We must therefore work with respect for each other and mutual listening, in order to reach consensus on the urgent human rights issues that beset us today while having the sense of anticipation that allows us to approach, with serenity, the issues that are on the horizon.

It is a difficult task, which requires us to keep our eyes focused on both the helm and the compass. But we can succeed. In light of this, the multilateral system is more important than ever before, and the Human Rights Council, the heart of the multilateral human rights system, must be strong enough and have space and time enough to carry out its work and fulfil its mandate to the best of its ability.

I wish you productive discussions and a successful Human Rights Dialogue.

Thank you.