Human rights council holds separate interactive dialogues with working group on arbitrary detention and independent expert on the enjoyment of all human rights by older persons

21 September 2020

The Human Rights Council this morning held separate interactive dialogues with theWorking Group on arbitrary detention and the Independent Expert on theenjoyment of all human rights by older persons.

Speaking on arbitrary detention were European Union, Lithuania (on behalf ofNordic-Baltic countries), UN Women,State of Palestine, Canada,Afghanistan, Pakistan, Cuba, Ecuador, Burkina Faso, Armenia, DemocraticPeople's Republic of Korea, Saudi Arabia, Libya, Iraq, Ukraine, Morocco,Mexico, China, Botswana, Iran, Switzerland, Netherlands, Bahrain, Venezuela,Uruguay, Spain, Jordan, Russian Federation, Egypt, Nigeria, Myanmar, Colombia,South Africa, Japan and France.

Also taking the floor were the following non-governmental organizations : Freemuse -The World Forum on Music and Censorship, Article 19 - International CentreAgainst Censorship, Ingénieurs du Monde, Law Council of Australia,Commonwealth Human Rights Initiative, International Association of DemocraticLawyers, Helsinki Foundation for Human Rights, Lawyers’ Rights Watch Canada,and the International Federation of ACAT (Action by Christians for theAbolition of Torture).

Speaking on the enjoyment of all human rights by older persons were China, New Zealand,European Union, Portugal, Costa Rica on behalf of a group of countries, BurkinaFaso on behalf of the African Group, Singapore on behalf of a group ofcountries, United Nations High Commissioner for Refugees, Sovereign Order ofMalta, UN Women, Israel, Slovenia, Holy See, Qatar, France, Pakistan, Djibouti,Burkina Faso, Armenia, Indonesia, Saudi Arabia, Libya, Australia, India,Senegal, Iraq, Morocco, Chile, El Salvador, Bangladesh, Namibia, Paraguay, Austria,Iran, Cameroon, United Nations Population Fund, Angola, Republic of Korea,Venezuela, Malta, Nepal, Malaysia, Montenegro, Sudan, Albania, Georgia, NewZealand, Poland, United Kingdom, Egypt, Tunisia, Ecuador and Kenya.

Also taking the floor were the following non-governmental organizations : Commissiondes droits de l’homme des Philippines, HelpAge International, InternationalNetwork for the Prevention of Elder Abuse, Alliance Defending Freedom, Societyfor Threatened Peoples, Global Action on Aging, International Lesbian and GayAssociation, China Family Planning Association, iuventum e.V., Lawyers’ RightsWatch Canada, and China Society for Human Rights Studies.

The webcast of the Human Rights Council meetings canbe found here. All meeting summaries can be found here. Documents and reports related to the Human RightsCouncil’s forty-fifth regular session can be found here.

At1.15 p.m., the Council will hold an interactive discussion with the IndependentExpert on the promotion of a democratic and equitable international order.

Interactive Dialogue with the Working Group onArbitrary Detention

Presentation of Reports

LEIGH TOOMEY, Chair-Rapporteur of the Working Groupon arbitrary detention, said the Working Group in its report urged States and other stakeholders to address thesituation of female detainees, including by giving full effect to safeguardsembodied in global standards such as the Bangkok Rules and continuing to bringthe situation of women deprived of their liberty to its attention. Itfurther called upon States to ensure the enjoyment of the right to effectivelegal assistance by all persons deprived of their liberty, and use moderntechnologies to minimize the need to resort to deprivation of liberty, withoutdiscrimination in providing access to such opportunities.

On its visit to Qatar, the Working Group hadidentified several positive developments, such as the accession to theInternational Covenant on Civil and Political Rights in 2018. At the sametime, the Working Group had identified challenges in the criminal justicesystem, such as ensuring prompt presentation of detainees before a judicialauthority, and guaranteeing detainees access to legal assistance.

On its visit to Greece, while having identifiedseveral positive developments, including the ratification of the OptionalProtocol to the Convention against Torture, the Working Group had observedchallenges in the criminal justice system, such as widespread pre-trialdetention, insufficient awareness of the right to legal assistance, andinstances of short trials.

Statements by Concerned Countries

Greece,speaking as a concerned country, said Greece had ratified the Optional Protocolto the United Nations Convention against Torture and Other Cruel, Inhuman orDegrading Treatment or Punishment, and had designated the Greek Ombudsman asthe national preventive mechanism. Furthermore, all detainees upon theiradmission to a detention facility were informed of their rights and the possibleways to contest measures taken against them. To better cope with theeffects of the COVID-19 pandemic, a Guide on Psychological Management was aboutto be distributed to all detention facilities. To address the problem ofovercrowding in detention facilities, the General Secretariat for Crime Policyat the Ministry of Citizen Protection had proceeded, inter alia, with theconstruction of new facilities. Greece, with the assistance of theEuropean Union, was establishing and developing the foundations and proceduresto adequately cope with the needs of unaccompanied minors.

Qatar,speaking as a concerned country, said it had appreciated the constructivediscussions that had taken place during the visit. Last year, Qatar hadhosted visits by four Special Procedure mandate holders and was looking forwardto hosting another one this year. The report by the Working Group hadbeen mainly positive and had highlighted recent positive developments, as wellas some policies such as community-based psychological care offered by theGovernment. As regards the COVID-19 pandemic, the authorities had takenpreventive measures to protect inmates, such as regular health and medicaltests, the implementation of a monitoring strategy, the provision of disinfectants,and the issuance of an amnesty that had benefited more than 500prisoners. Some of the Working Group’s recommendations did not take intoaccount the religious and cultural specificities of Qatar.

National Human Rights Institution of Qatar said it was examining several laws related to the fightagainst terrorism. It also indicated that a Commission was in charge ofvisits to detention centres and deportation centres. Places of detentionwere the subject of the drafting of numerous documents and guidelines in thefield of human rights, particularly with regard to non-discrimination, respectfor beliefs and religions, or the rights of prisoners. The National HumanRights Committee had also organized dozens of training sessions on arbitrarydetention and the Convention against Torture.

Discussion

Speakers regretted the low response rates to theWorking Group’s communications, and expressed grave concerns about thearbitrary detentions of foreign citizens for the purposes of coercivediplomacy. They welcomed the Working Group’s work on femaleprisoners. Some speakers questioned the Working Group’s methodology,cautioning that disregarding a State’s responses and a lack of objectivitywould damage the reputation of the mechanism. The right to challenge thedecision to impose the privation of liberty applied to mandatoryquarantines. Speakers urged the release of all human rights defenders whohad been arbitrarily deprived of liberty.

Interim Remarks

LEIGH TOOMEY, Chair-Rapporteur of the Working Groupon arbitrary detention, said that it was important that the use of moderntechnologies not be discriminatory. The number of recommendations made bythe Working Group attested to the broad variety of its work, as well as to thefact that it was not focusing on any countries or regions but rather carryingout its mandate to the fullest extent possible.

Discussion

Speakers said they shared the Working Group’s concernsabout the negative impact of the current financial situation of the United NationsSecretariat on its ability to discharge its mandate. They flagged thearbitrary detention of people because of their cultural expression and urgedthe Working Group to remind States of their obligation to ensure peopledeprived of liberty had access to competent legal assistance at all stages ofcriminal procedures. The pandemic must not be used to silence humanrights defenders, speakers emphasised.

Concluding Remarks

LEIGH TOOMEY, Chair-Rapporteur of the WorkingGroup on arbitrary detention, recalled that pre-trial detention must be anexceptional measure under international law. The Working Group onlyconsidered allegations based on objective facts, and, with an adversarialapproach, provided States with the opportunity to respond to them.

Interactive Dialogue with the Independent Expert onthe Enjoyment of all Human Rights by Older Persons

Presentation of Reports

CLAUDIA MAHLER, Independent Expert on the enjoymentof all human rights by older persons, presenting her report on the human rights of older persons : the data gap, saidthe pandemic had – until now - had a disproportionate impact on older personsand had magnified existing violations of their rights. One of the issuesthe pandemic had also exposed was the flagrant lack of data on older persons tocapture their lived realities and the enjoyment of their human rights. Toimprove the existing data ecosystem, standards and reporting requirements wereneeded. This would be an important impetus for statistical offices togather more data on older persons. Collected data must exclusively beused for the purpose that older persons had consented to, with full respect forthe principle of data minimization and for human rights standards. Therewas a need for robust data protection in view of the challenges related toprivacy, individual data sovereignty and informational self-determination,including those arising from the increasing passive collection of data.

Statements by Concerned Countries

China,speaking as a concerned country, said the report had noted the commitment ofthe Government to the promotion and protection of the rights of older people,as well as the great achievements in poverty reduction, including amongst theelderly. The Government would examine the positive recommendations andactively consider their implementation. China had always paid a highdegree of attention to the issue of aging, which it endeavoured to address aspart of its work to foster socioeconomic development. As the Governmentsought to eradicate absolute poverty, the rights of the elderly would be betterprotected. China had put forward the concept of smart elderly care, usingdigital technologies to ensure that the elderly were secure, safe and caredfor.

New Zealand,speaking as a concerned country, said it approached visits such as the one bythe Independent Expert as an opportunity to learn and identify areas forimprovement. The older population in New Zealand was increasingly diversewith increasingly diverse needs. The Government was committed toenhancing the protection of all the rights of older people. As theIndependent Expert had outlined, COVID-19 posed a particular set of risks toolder people. This situation had required specific policies responses onthe part of the Government. These policies were guided by a strategy,which centred on a healthy aging, inter alia, and sought to ensure coherence,providing guidelines to various stakeholders such as businesses and communitygroups.

Discussion

Speakers said a human rights approach was needed toensure that older people remained active actors in society. The COVID-19pandemic continued to have a disproportionate impact on elderly people,demonstrating the importance of age-disaggregated information, which wouldallow the implementation and monitoring of adequate and efficientmeasures. Expressing concerns about poverty among older people, speakersasked the Independent Expert what had been the impact of the lack of data on olderpersons on the response to the pandemic. For too many older women,systemic racism and poverty compounded the effects of the pandemic.

Interim Remarks

CLAUDIA MAHLER, Independent Expert on theenjoyment of all human rights by older persons, said that it was importantto disaggregate data by age, as was taking into account diversity. Sheencouraged States toinclude various age cohorts beyond 65 yearsold. Older persons must be better included in the digital sphere as wellas in efforts to “build back better” in the wake of the pandemic.

Discussion

Speakerssaid that with the higher risk for severe illness and higher mortality ratesfrom COVID-19, older persons were refraining from physical contact with othersand suffering from isolation and loneliness in addition to the concerns overthe infectious disease. The lack of a digital footprint left by olderpersons was a major problem that must be addressed. Expressing concernsabout the absence of references to sexual orientation, gender identity andexpression and sex characteristics in the report of the Independent Expert,speakers said lesbian, gay, bisexual, trans and intersex older persons hadfaced lifelong exposure to stigma, discrimination, and even violence, which ledto worsened health outcomes. Participatory democratic processes includingolder persons were vital, and more empathy towards the elderly was needed.

Concluding Remarks

CLAUDIA MAHLER, Independent Expert on theenjoyment of all human rights by older persons, said the crisis had shownthat the time had come to change the way that older persons were perceived andtreated. Stressing the need to tackle stereotypes, she said improvingdata collection was key to address protection gaps through adequate measuresand monitoring.

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For use of the information media; not anofficial record