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Statement by Ambassador Federico Villegas, President of the Human Rights Council, at the 77th session of the General Assembly, New York

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01 November 2022

Thank you, Mr. President.

Mr. President,
Excellencies,
Distinguished delegates,
Ladies and gentlemen,

It is an honour to address you today and to present the annual report of the Human Rights Council to the General Assembly. Let me begin by congratulating the fourteen States who were recently elected as Members of the Human Rights Council for the term 2023 to 2026. I have full confidence that you, along with all Council Members, will uphold the highest standards in the promotion and protection of human rights and fundamental freedoms around the world as well as at home.

Mr. President,

The work of the Human Rights Council is consolidated in the annual report and its addendum before you, which cover the period from 1 October 2021 to 7 October 2022, pursuant to per GA resolution 65/281 on the review of the Human Rights Council. It contains the activities as well as the resolutions, decisions, and President’s statements adopted by the Council at its three regular sessions this year as well as thirty-second, thirty-third and thirty-fourth special sessions held on November 2021, December 2021 and May 2022 respectively.

Since assuming the Presidency on the first of January, my priority has been to encourage genuine dialogue within the Council with the aim of strengthening cooperation and achieving mutual understanding despite our differences. The increasingly complex geopolitical context was the context of our work this year. However, the Council has continued to come together to address a multitude of recurrent as well as emerging human rights issues and respond to urgent situations, and I must say that I am proud what we have achieved collectively.

Over the course of its three regular sessions, the Council adopted a total of 100 resolutions, President’s statements and decisions. 67 of these were adopted without a vote. We heard the reports of 14 country-specific and 45 thematic special procedure mandates and 10 investigative mechanisms, and engaged in dialogue with the mandates holders to dig further into the issues and situations addressed.

The Council was on top of the circumstances, responding to the events that were passing transforming our world. In March, the Council designated the first Special Rapporteur on the promotion and protection of human rights in the context of climate change who presented his first report to the Council in June. Moreover, the Council continues to contribute to the debates about access to vaccines and responding to the COVID-19 pandemic from a human rights perspective.

Mr. President,

Over the period covered in the report before you, the Council reacted and responded promptly to human rights situations that deserved its urgent attention by holding three special sessions and two urgent debates.

In its 32nd special session on the situation of human rights in the Sudan, held in November last year, the Council condemned in the strongest possible terms the military takeover that occurred on 25 October in the Sudan, and requested the High Commissioner for Human Rights to designate without delay an Expert on Human Rights in Sudan to monitor the developing human rights situation until the restoration of its civilian-led government.

Last December, the Council held its 33rd special session, on the human rights situation in Ethiopia. Through the resolution adopted during this session, the Council condemned in the strongest terms all human rights violations and abuses and violations of international humanitarian law and international refugee law committed in northern Ethiopia by all parties. The international commission of human rights experts that was established by the resolution, the members of which I appointed, are conducting a thorough and impartial investigation into allegations of violations and abuses committed in Ethiopia since 3 November 2020 by all parties to the conflict, to complement the work undertaken by the Joint Investigative Team.

On the third of March of this year, immediately following the conclusion of the high-level segment of its 49th session and just one week after the invasion, the Council held an urgent debate on the situation of human rights in Ukraine stemming from the Russian aggression. At the conclusion of the debate, the Council decided to establish the Independent International Commission of Inquiry on Ukraine, with the mandate to, inter alia, investigate all alleged violations and abuses of human rights and violations of international humanitarian law, and related crimes in the context of the aggression against Ukraine by the Russian Federation, and to establish the facts, circumstances and root causes of any such violations and abuses. A few weeks later, I appointed the Commissioners, who presented their first oral update to the Council in its 51st session in September.

The Council again urgently addressed the human rights situation in Ukraine stemming from the Russian aggression in May of this year during its 34th special session. Reiterating its demand for an immediate cessation of military hostilities against Ukraine and for all parties to the conflict to respect the fundamental principles and rules of international humanitarian law, the Council requested the Independent International Commission of Inquiry to address the events that took place in late February and in March 2022 in the areas of Kyiv, Chernihiv, Kharkiv and Sumy regions. The Council additionally requested the United Nations High Commissioner for Human Rights to present an oral update on the grave human rights and humanitarian situation in Mariupol to the at its fiftieth session in June.

Then in July, the Council held an urgent debate on the human rights of women and girls in Afghanistan. The outcome resolution of this debate called for measures to ensure that local women’s rights organizations and local organizations led by women could continue to carry out their work all over Afghanistan and support women and girls. In line with this resolution, during its 51st regular session in September, the Council held an enhanced interactive dialogue with the participation of the Special Rapporteur on the situation of human rights in Afghanistan as well as an Afghan female human rights activists.

Other country-specific mandates that the Human Rights Council established this year include the group of three human rights experts on Nicaragua, which is mandated to conduct thorough and independent investigations into all alleged human rights violations and abuses committed in Nicaragua since April 2018, including the possible gender dimensions of such violations and abuses, and their structural root causes. I also appointed the experts of this mechanism, who are already working intensively.

The Council also decided to appoint a new special rapporteur on the situation of human rights in the Russian Federation, to monitor the situation of human rights in the Russian Federation and collect, examine and assess relevant information from all relevant stakeholders, including Russian civil society both inside and outside the country.

Moreover, the Council has extended the existing country-specific mandates of investigative mechanisms and special procedures on South Sudan, the Democratic People's Republic of Korea, Myanmar, the Islamic Republic of Iran, Belarus, Eritrea, Ethiopia, Burundi and the Bolivarian Republic of Venezuela. the Central African Republic, Somalia, and the Democratic Republic of the Congo.

Mr. President,

The progressive development of international human rights law is one of the principle roles of the Human Rights Council. And this year, once again, we contributed to this objective.

The Human Rights Council made notable progress in thematic areas in 2022. For example, in its recent September session the Council adopted three new resolutions relating to emerging technologies and their impacts on human rights: namely on neurotechnology and human rights, on cyberbullying, and on the human rights implications of new and emerging technologies in the military domain.

Moreover, in a new resolution on technical assistance and capacity building to address the human rights implications of the nuclear legacy in the Marshall Islands, the Council requested the Office of the High Commissioner to prepare a report on addressing the challenges and barriers to the full realisation and enjoyment of the human rights of the people of the Marshall Islands, stemming from the State’s nuclear legacy.

Other new thematic areas addressed by the Council this year include the role of States in countering the negative impact of disinformation on the enjoyment and realization of human rights and the importance of casualty reporting for the promotion and protection of human rights.

Mr. President,

In June of this year, we had the opportunity to reflect on the achievements and lessons learned of since the creation of the Council in a high-level commemorative event on the occasion of the 50th session with the participation of important personalities, including the President of the General Assembly in person and the Secretary-General.

Mr. President,

The Special Procedures of the Human Rights Council provide one of the main sources of up-to-date, reliable information on human rights issues and situations around the world. I encourage all of you to take full advantage of their findings and recommendations, which can prove especially useful in early warnings and prevention efforts. I wish to take this opportunity to emphasize the importance for all countries to cooperate and give access to the Special Procedures. As of 20 October 2022, 128 Member States and 1 non-Member Observer State have extended a standing invitation to thematic special procedures. I call upon all States that have not yet done so to consider issuing standing invitations to all the Special Procedures mandate-holders and to fully cooperate with them.

Allow me to turn to the Universal Periodic Review, which will begin its forth cycle on 7 November and continues to celebrate 100% participation. The UPR provides a constructive forum for a non-selective and non-confrontational peer-review and is considered as one of the Council’s greatest achievements. With each cycle, the member States of the UN in accepting the recommendations commit themselves to a roadmap of development based in human rights. With the goal of assisting States with implementation, the Human Rights Council adopted a resolution on strengthening the voluntary funds of the UPR mechanism, which welcomes the fifteenth anniversary of the establishment of the Voluntary Fund for Participation in the UPR and the Voluntary Fund for Financial and Technical Assistance in the Implementation of the UPR.

Mr. President,

One of the Council’s most important elements is the high level of civil society participation in its work. Non-governmental organizations and human rights defenders represent the voice of the victims of human rights abuses and violations around the world. Their diverse views are an essential part of understanding human rights situations on the ground. And their roles as agents of change within their communities make them indispensable to technical cooperation and capacity building efforts. That said, I am happy to share that in 2022, we heard over 2,400 oral interventions from NGOs during Council sessions. And I am even more please to inform you that after two years of Human Rights Council sessions without side events, the Council’s 51st session saw 72 in-person side events held by NGOs.

Despite the many challenges related to the COVID-19 pandemic and the related restrictions, the Council has remained inclusive to civil society. And throughout my Presidency, I have done my utmost to ensure a safe space for civil society representatives to contribute to our work without fear of reprisal or intimidation, to allow their voices to be heard as well as to interact with other stakeholder. In this regard, I have regularly reminded States that acts of intimidation and reprisal against individuals or groups that participate in the work of the Council or its mechanisms are unacceptable, and I call on them to take all necessary measures to prevent and ensure adequate protection against such acts.

Moreover, the press is an essential actor in the activities of the Council. By giving a voice to those that have none, the press forms part of the community of human rights defenders, and equally face enormous risks to ensure that their stories about human rights abuses and violations are brought to light. On World Press Freedom Day this year, the Presidents of the General Assembly of the Unites Nations, the General Conference of UNESCO and the Human Rights Council emitted, for the first time, a joint declaration recalling the importance of guaranteeing that journalists and other media workers can carry out their work freely, independently and safely, without obstacles, threats or reprisals.

In this context, I would like to highlight that the media coverage of the Council has contributed to increasing its visibility in the social networks. More and more people follow the Council because its work affects them directly or indirectly. Social networks amplify the voice of human rights defenders and link it with the fundamental concept of human rights: the empathy for the suffering of other human beings even when there is no direct personal interest.

Mr. President,

This year the Human Rights Council adopted several resolutions with recommendations made to the General Assembly.

Through the resolution adopted in March on the situation of human rights in Myanmar, the Human Rights Council recommended that the General Assembly submit the reports of the High Commissioner and the Special Rapporteur to the relevant United Nations bodies, including the Security Council, for their consideration and appropriate action, taking into account the relevant conclusions and recommendations (resolution 49/23, para 36).

In its resolution entitled “Situation of human rights in the Syrian Arab Republic”, also adopted in March, the Council recommended that the General Assembly submit the reports to the Security Council for appropriate action, express its appreciation to the Commission for its briefings provided to members of the Council and the Assembly, and recommend the continuation of such briefings (resolution 49/27, para 23).

Finally, in the resolution entitled, “From rhetoric to reality: a global call for concrete action against racism, racial discrimination, xenophobia and related intolerance”, the Council requested the General Assembly “to limit the tenure of the Eminent Experts to four years, which may be renewed once, and that the current Experts will continue to serve until the appointment of new Experts is finalized, and also requests that the limit of tenure also apply to the continued service of Experts already appointed as of the date of adoption of the current resolution” (resolution 51/32, para 18).

Mr. President,

In this regard, I wish to underline the importance of the work carried out by the Office of the High Commissioner for Human Rights, not only in respect to its support of the Council’s daily activities but also in relation to its relevant contribution to the substance of the themes addressed.

Over recent years, the Human Rights Council has been facing organizational challenges resulting from the growing gap between its ever increasing volume of work and the resources allocated to the departments and offices that support it. The 49th session of March of this year was the longest in the Council’s history – 5 full weeks – but we still needed 7 lunch time meetings to complete the programme of work. The Council is addressing very pertinent human rights issues with a mere 1.5’ speaking time limit, which is the bare minimum to be able to deliver a substantive statement in a debate. Against this backdrop, in its fifty-first session, the Council adopted decision 51/101 entitled “Appropriate support for the Human Rights Council”, which requests the Secretary-General to provide the Human Rights Council with the support necessary to be able to meet no less than 14 weeks to fulfil its annual programme of work.

Mr. President,

Before, I wish to share with you the following reflection. In 2023, we will commemorate two important social contracts of humanity: 75 years of the Universal Declaration of Human Rights and 30 years of the Vienna Declaration and Plan of Action. Since the moment we started the revolutionary idea of international human rights law, the UN has consolidated the protection of human rights as one of the three pillars of the Organization, together with the development and the preservation of peace and security. The Human Rights Council is the principle forum in the world that annually adopts decision to strengthen this essential pillar. For this reason, I wish to this opportunity to thank the General Assembly for its consistent support to he Human Rights Council and its work and express my sincere hope that this support continues in the years to come.

I thank you for your attention.

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