人权理事会举行关于人权机构和机制的一般性辩论（部分翻译）

人权理事会
中午

2016年9月21日

听取起草联合国农民权利宣言不限成员名额政府间工作组呈报报告

人权理事会在午间会议上听取了玻利维亚常驻联合国日内瓦办事处代表兼起草联合国农民权利宣言不限成员名额政府间工作组主席兼报告员纳尔迪·苏克索·伊图里（Nardi Suxo Iturry）呈报报告，随后举行了关于人权机构和机制的一般性辩论。

苏克索·伊图里女士表示，报告总结了第三次会议的讨论，注意到了各方提出的信息。弱势群体受到了特别关注，应该采取特殊措施支持他们的权利。未来前进道路包括与所有国家继续磋商，寻找达成共识的方法，包括通过听取相关机构技术顾问的意见。在这个65%人口生活在农村地区的世界上，该问题始终事关重大。苏克索·伊图里女士表示，希望能产生一份基于共识的文件作为当前进程的最终成果。

在关于人权机构和机制的一般性辩论中，发言人对曾与联合国合作的人不断受到恐吓和报复表示关切，并强调了各国保护他们的义务。遗憾的是，那些行为通过让联合国及其会员国无法获得有效履行任务和职责的必要知识，从而削弱了未来的合作和进展。他们指出，特别程序是国际人权系统最重要的工具之一，并补充道，国家和任务负责人强有力的合作关系是确保机制影响力和作用的关键。理事会当前的工作量不可持续，需要采取措施应对那些挑战。

对于农民权利，各位发言人表示支持农民和其他农村地区劳动者权利工作组的任务授权。他们担心，赤贫人口的75%和饥饿人口的80%在农村生活工作，这主要在发展中国家。打击饥饿和贫困是最为重要的，2030年可持续发展议程也证实了这一点。

在一般性辩论中发言的有：代表72国的土耳其、代表64国的拉脱维亚，代表非洲集团的南非、代表欧盟的斯洛伐克、代表拉美及加勒比国家共同体的多米尼加共和国、代表一组跨区域国家的尼加拉瓜、埃塞俄比亚、古巴、萨尔瓦多、中国、瑞士、委内瑞拉、美国、代表加拿大和墨西哥的美国、尼日利亚、印度尼西亚、玻利维亚、厄瓜多尔、利比亚、挪威、埃及、爱尔兰、匈牙利、海湾合作委员会、约旦和尼加拉瓜。

发言的还有俄罗斯联邦人权专员以及以下非政府组织：印第安法律资源中心（Indian Law Resource Centre）、粮食第一信息和行动网（FIAN International）、国际方济会组织（Franciscans International）、欧洲—第三世界中心（Centre Europe – Tiers Monde）、国际人权服务社（International Service for Human Rights）、哥伦比亚法学家委员会（Colombian Commission of Jurists）、非洲文化国际（Africa Culture Internationale）、法律与社会研究中心（Centro de Estudios Legales y Sociales）、人权法中心（Human Rights Law Centre）、法国泰米尔学生协会（Association des Etudiants Tamouls de France）、人权与和平倡导中心（Centre for Human Rights and Peace Advocacy）、非洲土著人民协调委员会（Indigenous People of Africa Coordinating Committee）、伊拉克发展组织（Iraqi Development Organization）、阿拉伯人权委员会、“翻开新的一页”组织（Tourner la page）、世界穆斯林大会（World Muslim Congress）、希亚姆酷刑受害者康复中心（Khiam Rehabilitation Centre for Victims of Torture）。

理事会将在今天下午3点继续开展工作，审议希腊、苏丹和匈牙利的普遍定期审议结果。

Documentation

The Council has before it the Report of the Open-ended intergovernmental working group on a draft United Nations declaration on the rights of peasants and other people working in rural areas (A/HRC/33/59).

The Council has before it Open-ended intergovernmental working group on a draft United Nations declaration on the right to peace - Note by the Secretariat (A/HRC/33/60).

The Council has before it Cooperation with the United Nations, its representatives and mechanisms in the field of human rights - Report of the Secretary General (A/HRC/33/19).

Presentation of Report by the Open-Ended Intergovernmental Working Group on a Draft United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas
 
NARDI SUXO ITURRY, Permanent Representative of Bolivia to the United Nations Office at Geneva and Chair-Rapporteur of the Open-ended Intergovernmental Working Group on the Declaration of the United Nations on the Rights of Peasants, stated that four days of negotiations had taken place in May 2016, in which all interested stakeholders had shared their views and opinions.  As stated during the meeting, the Working Group could help contribute to achieving the majority of the Goals of the 2030 Sustainable Development Agenda.  During its third session, the Working Group had held a round table focused on the draft Declaration, where distinguished panellists had provided their inputs.  During the session, a number of delegations had expressed their support to the principle of food sovereignty.  Other delegations had specified that the major challenge was to implement the existing international instruments, while some had stressed that the culture and development of rural areas were vital for mankind.  Recognition had been given to the production methods by peasant communities, and the need to protect and promote their rights was agreed on by all. 

The report presented today summarized the discussions of the third session, taking note of the input of all sides.  Particular attention was given to those in vulnerable positions and special efforts should be made for their rights.  The way forward included the continuation of consultations with all States and looking for ways to reach consensus, including through hearing from technical advisers from relevant agencies.  In a world where more than 65 per cent of the population lived in rural areas, that issue was as pertinent as ever.  Informal meetings continued to be convened, and all delegations were encouraged to provide substantive contributions.  Ms. Suxo Iturry expressed hope for a consensus-based document as the final outcome of the ongoing process.  

General Debate on Human Rights Bodies and Mechanisms

Turkey, speaking on behalf of 72 countries, said that the current workload of the Council was unsustainable and measures needed to be taken to address those challenges.  States were called on to support voluntary steps that included reconsidering the necessity of annualised panel debates, shortening the text of resolutions, minimising duplication of initiatives with the General Assembly’s Third Committee, and taking into account capacity constraints of the Council when launching new or continuing initiatives.

Latvia, speaking on behalf of a 64 countries, said that the Special Procedures were one of the most important tools of the international human rights system, and noted that a strong cooperative relationship between a State and a mandate holder was key to securing the mechanism’s influence and impact.  A standing invitation was only the beginning of the cooperative process.  Candidates to the Council were encouraged to make concrete commitments to invite and cooperate with the Special Procedures.

South Africa, speaking on behalf of the African Group, expressed support for the mandate of the Working Group on a Declaration on the Rights of Peasants and Other People Working in Rural Areas.  The African Group considered the draft Declaration as a positive step that formed a comprehensive basis for moving forward as a matter of priority.  A large number of African people still retained a rural livelihood and were engaged in subsistence farming, and agriculture was one of the largest contributors to GDP in African countries.  Poverty and underdevelopment needed to be addressed under international human rights law.  Rural communities had to take centre stage in all development initiatives.

Slovakia, speaking on behalf of the European Union, shared the High Commissioner’s concern on the growing refusal by an increasing number of Member States to grant the Office of the High Commissioner for Human Rights or the human rights mechanisms access, and to block or evade human rights scrutiny.  The European Union remained aware of the severe  budgetary constraints faced by the Office and the capacity constraints of the Council; it strongly condemned threats and reprisals of groups or individuals who engaged with human rights mechanisms, and stressed that the issue needed a consistent approach at regional and international levels.

Dominican Republic, speaking on behalf of the Community of Latin American and Caribbean States, was concerned that 75 per cent of people who suffered from extreme poverty and 80 per cent of those who suffered from hunger, lived and worked in rural areas, mainly in developing countries.  The Community’s Food Security Programme was based on four pillars, including coordinated strategies and national and regional public policies, the sustainable access to adequate and sufficient food for all, nutritional wellbeing for all vulnerable groups, and the guarantee of stability of production and attention to socio-natural disasters.

Nicaragua, speaking on behalf of a cross-regional group of countries, said that the fight against hunger and poverty was of utmost importance, and that the determination to this end had been confirmed in the 2030 Agenda for Sustainable Development.  Alarmed by the fact that 75 per cent of people working in rural areas suffered from extreme poverty 80 per cent suffered from hunger, the group of countries considered that the Declaration on the Rights of Peasants and Other People Working in Rural Areas could constitute an important step to advance the efforts to fight hunger and malnutrition, eradicate poverty, support food security, and reduce inequalities. 

Ethiopia said it had designed and implemented a small holder agricultural development-led economy as an inclusive development strategy to address the interests of rural society and to transform the national economy.  The Government was also working exhaustively to address the issues of expanding rural infrastructure of health, education, access to safe water and rural roads. 

Cuba said it afforded great importance to the mandate of the Working Group, and had actively participated in the three sessions held so far.  Unfortunately, some countries had attempted to hinder the progress in that regard.  Cuba reaffirmed its support to the work of the Advisory Committee as the Council’s think-tank.  Cuba also reiterated its call to the Special Procedures to guide their work in line with resolution 5/2 of the Council.

El Salvador stated that subsistence agriculture was one of the priorities of El Salvador’s Government.  That social sector had acquired a great deal of knowledge and expertise; the level of poverty in that area in El Salvador had decreased significantly through the Family Agriculture Plan.  It was hoped that the Working Group would continue to work actively and that the Declaration would be finalized and adopted. 

China said it consistently supported the thematic studies of the Advisory Committee, and would continue to provide support and resources for it.  China supported the Working Group in its work and efforts to promote the rights of peasants.  China had always cooperated with mechanisms on human rights, and last month had received a visit from the Special Rapporteur on extreme poverty.  Given the increase in special mechanisms, mandate-holders should avoid duplicating work and overstepping mandates.

Switzerland hailed the open and constructive debate during the last session of the Working Group on the Rights of Peasants.  Peasants were affected by a lack of implementation of efforts to ensure human rights.  As indicated at the last session, Switzerland was open to the drafting of a new international instrument.  The recognition of new human rights was not excluded out of respect for the search for consensus.  Switzerland would continue to work constructively on the drafting of a new declaration.

Venezuela had undertaken a complete analysis when it came to a declaration on the rights of peasants, and noted that important elements were seen when it came to addressing that matter, such as land rights and access to social security for that vulnerable group.  Venezuela supported the drafting of an international instrument in the United Nations as it would protect the “campesinos”.  Venezuela would continue to participate actively in the work of the Working Group.  

United States speaking also on behalf of Canada and Mexico, said that the leaders of those countries had announced in June 2016 the formation of the North American Working Group on Violence against Indigenous Women and Girls, to complement domestic efforts and enable the three countries to improve collaboration, information sharing, and leveraging resources to enhance transnational responses to violent crimes against indigenous women and girls.

Nigeria was deeply concerned that around the world, peasant populations continued their traditional livelihoods in the face of increasingly global economic transformations.  Despite their contribution, peasants were often regarded as backward and incapable of surviving in these rapidly changing times.  Nigeria was committed to the promotion and protection of the right to development and believed that this was a common responsibility of the international community.  Nigeria commended the United Nations Declaration on the Rights of Peasants process.

Indonesia supported the United Nations Declaration on the Rights of Peasants with the understanding that it was instrumental to the promotion and protection of human rights where applicable.  However, given the nature of Indonesia, the Declaration was not applicable.  There should be a careful review of the mandate of the Expert Mechanism on the rights of indigenous peoples to ensure that there were no overlaps with the mandate of the Special Rapporteur on the rights of indigenous peoples.

Bolivia stated that more than 75 per cent of farmers working in rural areas around the world lived in poverty and were particularly vulnerable.  That could be combatted by strengthening the support for family agriculture and applying rights and international customary law.   For Bolivia, it was essential to retain food sovereignty in order to secure good lives for Bolivians.  All efforts ought to be joined to bring forward the Declaration on the Rights of Peasants. 

Ecuador said that historically marginalized groups, such as peasants and those living in rural areas, would benefit from the adoption of the Declaration on the Rights of Peasants.  Some topics needed further discussion in the Working Group.  Ecuador thanked the Working Group for the objective report and encouraged States to become involved in the process.  The leadership of Ambassador Suxo Iturry was appreciated.

Libya supported all mechanisms designed to strengthen human rights and fundamental freedoms.  The Working Group had done a good job in preparing the draft Declaration.  Libya shared the same concerns vis-à-vis peasants and those living in rural areas, whose rights ought to be strengthened and protected.  Rural areas across the world should be supported, especially those lacking healthcare. 

Norway reminded that the right of anyone, individually or jointly, to unhindered access to and communication with international human rights bodies was clearly articulated in international human rights law.  It expressed deep concern over acts of intimidation of and reprisals against individuals and organizations cooperating with the United Nations.  It called on States mentioned in the Secretary-General’s report to respond to the allegations contained therein. 

Egypt hailed the significant efforts taken by the Inter-Governmental Working on the draft Declaration on the Rights of Peasants and Other People Living in Rural Areas.  It was sure that the draft Declaration would be submitted to the Council because of the realities on the ground, particularly in developing countries, and considering the problems faced by persons living in rural areas, most notably malnutrition.  Some 75 per cent of the world population affected by famine worked in rural areas.

Ireland voiced concern over continued intimidation of and reprisals against those who cooperated with the United Nations and underlined the obligation of States to protect them.  Regrettably, those acts undermined future cooperation and progress by depriving the United Nations and its Member States of the knowledge necessary to discharge their mandates and responsibilities effectively.   

Hungary noted that any act of intimidation and reprisal against individuals and groups for their engagement with the United Nations and its mechanisms was unacceptable and unjustifiable.  It welcomed the recent report of the Secretary-General on reprisals and welcomed the fact that eight out of ten human rights treaty bodies had adopted the Guidelines against Intimidation or Reprisals and that the Special Procedures mandate holders had appointed a focal point on reprisal cases.

Gulf Cooperation Council underlined the importance of human rights mechanisms and urged them to increase cooperation with countries and exchange opinions in an open dialogue, in line with the code of conduct.  Special Procedures mandate holders were obliged to engage in constructive dialogue during the performance of their tasks.  All legal systems and both genders should be represented in a balanced manner when it came to the mandate holders. 

Jordan saluted the significant discussions held on the draft Declaration on the Rights of Peasants at its last session; further dialogue would need to continue in order to reach an agreed text.  Jordan had expressed reservations on several articles of the draft Declaration.  Jordan’s stance needed to be reflected in the final version of the report. 

Nicaragua said that peasants were the fundamental members of its society, and the human rights challenges faced by those living in rural areas needed to be carefully considered.  Male and female peasants were the key to achieving the Sustainable Development Goals.  Members and observers in the Council were urged to make constructive contributions to the work of the Working Group. 

Commissioner for Human Rights in the Russian Federation said that there were about 300,000 indigenous peoples living in the Russian Federation.  Thanks to dialogue between all stakeholders, there was constant improvement in the legal protection of their rights, specifically for their land use, including quotas for trapping and hunting animals.  Mobile ambulatory units were provided for the people leading a nomadic way of life.  However, there were still a number of problems that required solutions, including the problem of driving some those people away from their land due to construction projects, without compensation being given to them.

Indian Law Resource Centre stated that the Council should restructure the Expert Mechanism on Indigenous Issues and make serious recommendations on the issues affecting indigenous peoples.  The terrible violence faced by indigenous women needed to be urgently addressed.  There was an extraordinary need for the implementation of the Declaration on the Rights of Indigenous Peoples.  The Expert Mechanism should do more than just publish periodic studies.  It should have an authority to respond to serious issues that affected indigenous peoples.

FIAN International noted that European peasants needed the draft Declaration on the Rights of Peasants due to the lack of minimal salary and medical attention for peasants.  In Andalusia, land was worked by peasants from Romania and other East European countries who lived in very poor conditions.  It was impossible to earn a decent salary working on a family-owned farm.  In Europe there was no protection for peasants.

Franciscans International, in a joint statement with Earthjustice, reminded of the issue of climate change, noting that the Paris Agreement did not provide commitment to migrants in the context of climate change.  It proposed a study on the impact of the slow onset of events on cross-border displacement.  Sudden onset events mobilized international solidarity, whereas slow onset events attracted less attention. 

Centre Europe–Tiers Monde said that African peasant organizations were strongly mobilized around the draft Declaration on the Rights of Peasants.  The right to participate in decision-making and the right to information were particularly important.  Cultural rights and traditional knowledge were of great significance for the livelihood of peasants.  

International Service for Human Rights stated that the practical steps by the Secretary-General towards reprisals against human rights defenders were welcomed.  Reprisals and intimidation had a negative effect on possible future cooperation of human rights defenders with the Council and related bodies.  The Council should seek information on actions taken by States to deal with acts of reprisals. 

Colombian Commission of Jurists believed that the adoption of the Declaration on the Rights of Peasants would be one of the most important instruments for peasants worldwide and in Colombia.  Many peasants in Colombia had left their houses and were at the mercy of paramilitary units.  The peasant population needed an international instrument to protect their human rights in accordance with their sociocultural characteristics. 

Africa Culture Internationale said that the people of Balochistan were deprived of the right to decide on their own future.  Only in the last 12 months, more than 1,000 army operations had been undertaken in Balochistan, leading to involuntary disappearances and displacement.  The extrajudicial killings and the systematic abuse of human rights required a strong response from the United Nations.
 
Centro de Estudios Legales y Sociales recognized the work done by the Intergovernmental Working Group on the Rights of Peasants, noting that the draft Declaration took on many of the demands of peasants, such as difficulties in access to land and to markets, privatization of seeds, and the prosecution and criminalization of peasant leaders.  Transnational companies imposed actions that violated the right of peasants, whereas the media contributed to making the plight of peasants invisible.  The organization expressed hope that the communal rights of peasants would be recognized. 

Human Rights Law Centre expressed concern that Australia was for the first time among the cases cited in the annual report of the Secretary-General on intimidation and reprisals against those seeking to cooperate with the United Nations.  The report illustrated the culture of secrecy about Australia’s current asylum-seeking policies.  It called on Australia, as a candidate for the Council membership, to protect and defend civil society space both at home and abroad.

Association des étudiants tamouls de France reminded that between October 2008 and May 2009, war crimes, crimes against humanity and genocide had been committed against the Tamils by the Government of Sri Lanka.  More than 146,000 Tamils had been killed or had disappeared in the span of eight months.  It proposed that an independent international investigation be conducted on the genocide committed against the Eelam Tamils in Sri Lanka. 

Centre for Human Rights and Peace Advocacy noted that in Balochistan, large infrastructure projects, including those under the China Pakistan Economic Corridor, had been undertaken to bring that province into the economic mainstream.  However, a group of individuals in Balochistan with foreign encouragement and financing were bent on reversing the development efforts in the province.  

Indigenous People of Africa Coordinating Committee condemned the claim by the Government of India that there were no indigenous people in India.  The Indian Army operated with impunity in seven States of north India and Kashmir, resulting in egregious human rights violations in those areas.  The Council should impress upon the Government of India to repeal the Armed Forces Special Powers Acts.

Iraqi Development Organization drew attention to the serious violations of human rights committed by members of the Council.  Saudi Arabia had gravely violated the rights of children in Yemen.  Saudi Arabia had executed a number of children on an extrajudicial basis.  Women in Saudi Arabia could not exercise their rights.  Saudi Arabia should be expelled from the Council.

Arab Commission for Human Rights believed that vulture funds exploited people to the detriment of their political, economic and development rights.  Profits of vulture funds sometimes amounted to 13 per cent of some countries’ gross domestic product.  It was vital to put those funds under national and international monitoring, while the funds had to be returned to their true owners.  

Indian Council of South America said that the actions of Governments had frequently destroyed the natural environments of indigenous peoples.  The Indian movement in Bolivia had been totally dismantled by the Government of Evo Morales.  The indigenous group Kichwa in Ecuador was now dealing with the loss of territory, and was experiencing problems with access to drinkable water. 

Tourner la page noted that Tamil civil society groups had been intimidated by the Sri Lankan security forces so as not to give testimonies to the United Nations Special Rapporteurs and not to reveal anything against the armed forces, which continued to enjoy total impunity.  The Council should make it clear to the Sri Lankan Government that unless the north and east were demilitarized, the Tamils would not be able to live as normal civilians.

World Muslim Congress noted that Khurram Parvez, a prominent human rights defender from Kashmir, had been prevented from attending the ongoing Council session and later detained.  The oppressed and suppressed people of Kashmir were waiting for the Council to respond to the worst kinds of human rights violations perpetrated by the Indian occupation forces.   The Council should send an international fact-finding mission to Kashmir.

Khiam Rehabilitation Centre for Victims of Torture, in a joint statement, said that in many countries, the activities of human rights defenders were considered to be criminal acts, and expressed concern over the fact that human rights mechanisms were not sufficient to curb acts of intimidation and repression of human rights defenders.  In Bahrain they were accused of being traitors and prevented from travelling.  The Council had not taken sufficient measures to protect their freedom.  It asked the Council to organize a special session on Bahrain and to appoint a Special Rapporteur on Bahrain. 

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