人权理事会
综述

2016年9月30日

成立布隆迪调查委员会和发展权问题特别报告员并任命五位任务负责人

人权理事会今日晚上通过了关于一系列议题的31项案文以及会议报告，随后结束了第三十三届常会。理事会还通过了14个国家的普遍定期审议结果，任命了五位任务负责人以及咨询委员会的七名成员。

在一项关于布隆迪人权状况的决议中，理事会成立了为期一年的调查委员会，以对布隆迪自2015年4月起的人权侵犯和践踏行为进行彻底调查并确认据报的犯罪者。

理事会还决定任命为期三年的发展权问题特别报告员，其任务授权尤其包括促进《2030年可持续发展议程》连贯而综合地得到落实。

关于阿拉伯叙利亚共和国人权状况的决议要求叙利亚立即停止使用化学武器，并要求各方采取一切适当措施保护平民并使人道主义人员能充分、迅速、安全地进入有需要的地区。在关于技术援助和能力建设的案文中，理事会呼吁也门各方尊重自身对国际人权法和国际人道主义法的义务。关于技术援助和能力建设以改善苏丹人权状况的决议将独立专家的任务授权延长了一年，并呼吁政府继续与专家进行充分合作。另一项案文考虑了对于刚果民主共和国的技术援助，其同样强烈建议政府立即采取措施和平解决导致近期暴力事件的政治问题。一项决议将中非共和国人权状况问题独立专家的任务授权延长了一年时间，该决议还呼吁各方立即终结所有践踏和侵犯人权的行为。理事会还将索马里人权状况独立专家的任务授权增加一年。

人权理事会决定修改土著人民权利专家机制的任务授权，其将根据请求协助成员国实现《宣言》关于土著人民权利的目标。在另一项决议中，理事会将土著人民权利问题特别报告员的任务授权延长三年。理事会还通过了一项案文，呼吁在其第三十六届会议上召开纪念《土著人民权利宣言》通过十周年的小组讨论。

在一项关于记者安全的决议中，理事会呼吁各国制定并落实打击袭击和暴力侵害记者有罪不罚问题的战略。另一项决议要求人权事务高级专员办事处为各国有效落实参与公共事务权起草准则。任意拘留在另一项决议中涉及，该决议将任意拘留问题工作组的任务授权延长三年，并要求各个当事国采取适当措施补救被任意剥夺自由者的处境。另一项案文鼓励各国建立有效、独立和多元的国家人权机构并加强现有的机构。

理事会通过了关于孤身移民儿童和青少年及人权的决议，决议呼吁原籍国、中转国和目的地国在适当时帮助家庭团聚。理事会在另一项决议中决定将当代形式奴隶制问题特别报告员的任务授权延长三年。理事会进一步将利用雇佣军问题工作组的任务授权延长三年。在一项关于在打击恐怖主义的同时保护人权和基本自由的决议中，理事会敦促各国确保其打击恐怖主义和暴力极端主义所采取的措施是不歧视的而且不诉诸于嫌疑人特征类型分析的手段。

在一项关于可预防产妇死亡率和发病率与人权的案文中，理事会要求各国和其他相关行为者在发展合作关系中重新强调产妇死亡率和发病率的倡议。另一项决议呼吁各国通过基于人权的方针，以减少和消除五岁以下儿童死亡率和发病率。理事会通过了一项关于老年人人权的决议，其将老年人享有所有人权问题独立专家的任务授权延长三年。理事会还将人人有权享有可达到的最高水准身心健康问题特别报告员的任务授权延长三年。享有安全饮用水和卫生设施的人权问题特别报告员的任务授权也延长三年。

在关于促进民主和公平国际秩序的决议中，人权理事会呼吁成员国履行其在反对种族主义、种族歧视、仇外心理和相关的不容忍现象世界会议上做出的承诺。理事会通过的另一项案文中指出了各国有责任促进和保护所有人权，其方式包括防止侵犯人权的行为。理事会进一步通过了一项决议，呼吁各国在相关时制定综合的过渡时期司法战略并建立相关机制，以解决过去的暴行。理事会还决定召开关于当地政府在促进和保护人权方面作用的小组讨论。

在一项强调人人有权参与文化生活、包括获取和享有文化遗产的能力的决议中，主题为文化权利和文化遗产的保护。另一项案文呼吁各国和其他相关行为者回顾过去在技术合作和能力建设在人权领域的工作中所取得的成就和面临的障碍。

关于咨询委员会报告的主席声明获得通过。

理事会任命了担任特别程序任务负责人空缺的五个人：Cecilia Jimenez-Damary（菲律宾）担任境内流离失所者人权问题特别报告员；尼尔斯·梅尔泽（Nils Melzer，瑞士）担任酷刑和其他残忍、不人道或有辱人格待遇或处罚问题特别报告员；阿斯玛·贾汉吉尔（Asma Jahangir，巴基斯坦）担任伊朗伊斯兰共和国人权状况特别报告员；威迪·蒙丹蓬（Vitit Muntarbhorn，泰国）担任保护免受基于个人性取向和性别认同而施加的暴力和歧视问题独立专家；以及Elina Steinerte（拉脱维亚）担任任意拘留问题工作组来自东欧国家组的成员。以下七人被任命至咨询委员会空缺席位：非洲国家：莱兹赫里·布齐德（Lazhari Bouzid，阿尔及利亚）和莫娜·奥马尔（Mona Omar，埃及）；亚太国家：刘昕生（中国）和小畑郁（Kaoru Obata，日本)；东欧国家：米哈伊尔·亚历山德罗维奇·列别捷夫（Mikhail Aleksandrovich Lebedev，俄罗斯联邦）；拉丁美洲和加勒比国家：Carla Hanania de Varela（萨尔瓦多）；以及西欧和其他国家：让·齐格勒（Jean Ziegler，瑞士）。

人权理事会主席崔庆林（Choi Kyong-lim）在总结发言中表示，会议期间他已收到关于威胁和报复行为的指控，数名民间社会组织代表从其祖国前往日内瓦参加会议的旅程也遭到禁止。一位参加此次会议的人权维护者在社交媒体上收到了威胁信息。崔先生强调道，民间社会在人权理事会的参与至关重要，任何针对与理事会合作的个人或组织的威胁和报复都是完全不可接受的。

与本次会议和人权理事会历届会议相关的文件、声明、决议和报告可通过理事会 网页查看。每次公开会议上各位发言人的具体发言可通过 日内瓦联合国信息系统网站查看。

人权理事会第三十三届会议于2016年9月13日至30日举行。人权理事会第三十四届常会将于2017年2月27日至3月24日在万国宫第二十号会议室举行。

Summary of the Programme of Work

The thirty-third session of the Human Rights Council was opened by Ambassador Choi Kyong-lim of the Republic of Korea, President of the Council, on 13 September.  The Council heard an oral update by United Nations High Commissioner for Human Rights Zeid Ra'ad Al Hussein, followed by a general debate.  In his address, the High Commissioner expressed concern over the growing refusal of an increasing number of Member States to grant the Office of the High Commissioner for Human Rights, or the human rights mechanisms, access to countries or to specific regions.  The High Commissioner stressed that there was no alternative to working together and committing to collective action in order to solve common problems, in particular terrorism and its main exponent Da’esh, the alienation and frustration of many throughout the world who felt short-changed by poor governance and corruption, and the fact that dangerous xenophobes and bigots were running for office in several well-established democracies.  The Human Rights Council, designed to be more credible, more impartial and more focused on the rights and voices of victims, was growing ever more polarized, with States increasingly attempting to block or evade human rights scrutiny, claiming that human rights were being misused as a pretext for interference in the affairs of sovereign nations.   

In the first week of the session, the Council held a clustered interactive dialogue with the Independent Expert on the promotion of a democratic and equitable international order and the Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights.  The Council also held a clustered interactive dialogue with the Special Rapporteur on the human right to safe drinking water and sanitation and with the Working Group on arbitrary detention, as well as an interactive dialogue with the Independent Expert on the enjoyment of all human rights by older persons.  A high-level panel discussion on the occasion of the fifth anniversary of the United Nations Declaration on Human Rights Education and Training took place on 14 September.  The following day, the Council held two clustered interactive dialogues: one with the Working Group on enforced or involuntary disappearances and the Special Rapporteur on contemporary forms of slavery, including its causes and consequences; and the other one with the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination and with the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes.  On the final day of the first week, the Council held a general debate on the promotion and protection of all human rights, including on the report of the Working Group on the right to development on its seventeenth session and on thematic reports by the High Commissioner, the Office of the High Commissioner for Human Rights and the Secretary-General.  At the end of the day, the Council met in private under its complaint procedure. 

At the beginning of the second week of the session, the Council held an interactive dialogue with the Independent International Commission of Inquiry on Syria, followed by a general debate on human rights situations that required the Council’s attention.  A half-day panel discussion on violence against indigenous women and girls took place on 20 September, followed by a clustered interactive dialogue with the Special Rapporteur on the rights of indigenous peoples and the Expert Mechanism on the rights of indigenous peoples.  The Council further held an interactive dialogue with its Advisory Committee, followed by a general debate on human rights bodies and mechanisms, including on the report of the open-ended intergovernmental working group on the draft United Nations declaration on the rights of peasants and other people working in rural areas on progress made in drafting the declaration.  In the second half of the week, the Council considered the Universal Periodic Review outcomes of 14 States: Suriname, Saint Vincent and the Grenadines, Samoa, Greece, Sudan, Hungary, Papua New Guinea, Tajikistan, Tanzania, Antigua and Barbuda, Swaziland, Trinidad and Tobago, Thailand, and Ireland.  The Council also held a panel discussion on youth and human rights, as well as a general debate on the Universal Periodic Review mechanism, and a general debate on the human rights situation in Palestine and other occupied Arab territories.

The last week of the thirty-third session commenced with an annual discussion on the integration of a gender perspective, which was followed by a general debate on the follow-up and implementation of the Vienna Declaration and Programme of Action.  The Council held an interactive dialogue with the Working Group of Experts on People of African Descent, followed by a general debate on racism, racial discrimination, xenophobia and related forms of intolerance, follow-up and implementation of the Durban Declaration and Programme of Action.  On 27 September, the Council carried out separate interactive dialogues with the High Commissioner on Ukraine, the Democratic Republic of the Congo and Libya, followed by an enhanced interactive dialogue on the situation in Burundi.  Further, it held separate interactive dialogues with the Special Rapporteur on the situation of human rights in Cambodia and the Independent Experts on the human rights situation in Sudan, the Central African Republic and Somalia, before starting a general debate on technical assistance and capacity building, including on the reports of the High Commissioner on Yemen and Cambodia.  In the final two days of the thirty-third session, the Council took action on 30 draft resolutions and one Presidential Statement tabled during the session. 

At the end of the session, the Council elected members of the Advisory Committee, while the President of the Council appointed the following new independent expert mandate holders: Special Rapporteur on the human rights of internally displaced persons, Special Rapporteur on  torture and other cruel, inhuman or degrading treatment or punishment, Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, Independent Expert on the protection against violence and discrimination based on sexual orientation and gender identity, and a member of the Working Group on Arbitrary Detention from the group of East European States. 

Resolutions and Decisions

Action on Texts under Agenda Item 1 on Organizational and Procedural Matters
 
In a Presidential Statement (A/HRC/33/L.1) on the reports of the Advisory Committee, the Council takes note of the reports of the Advisory Committee on its sixteenth and seventeenth sessions, and notes that the Advisory Committee has made certain research proposals.

Action on Resolutions under Agenda Item 3 on the Promotion and Protection of All Human Rights, Civil, Political, Economic, Social and Cultural Rights, including the Right to Development

In a resolution (A/HRC/33/L.2) on the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, adopted without a vote, the Council renews the mandate of the Special Rapporteur for a period of three years; decides that the Special Rapporteur shall continue to examine and report on all contemporary forms of slavery and slavery-like practices, in particular those defined in the Slavery Convention of 1926.

In a resolution (A/HRC/33/L.3/Rev.1) on preventable maternal mortality and morbidity and human rights, adopted without a vote as orally revised and amended, the Council urges all States to renew their political commitment to eliminate preventable maternal mortality and morbidity, and requests States and other relevant actors to give renewed emphasis to maternal mortality and morbidity initiatives in their development partnerships and cooperation arrangements.

In a resolution (A/HRC/33/L.6) on the safety of journalists, adopted without a vote, the Council  condemns unequivocally all attacks and violence against journalists and media workers, and calls upon States to create and maintain, in law and in practice, a safe and enabling environment for journalists to perform their work independently and without undue interference.

In a resolution (A/HRC/33/L.7) on the promotion of a democratic and equitable international order, adopted by a vote of 30 in favour, 12 against and five abstentions, the Council reaffirms the Universal Declaration of Human Rights shall be the basis of government authority, and requests the Independent Expert on the promotion of a democratic and equitable international order to submit to the Human Rights Council, at its thirty-sixth session, a report on the implementation of the present resolution.

In a resolution (A/HRC/33/L.8) on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination, adopted by a vote of 32 in favour, 13 against and two abstentions, the Council requeststhe Working Group to continue to monitor mercenaries and mercenary-related activities in all their forms and manifestations, and renews, for a period of three years, the mandate of the Working Group on the use of mercenaries as a means of violating human rights.

In a resolution (A/HRC/33/L.9) on the human rights of older persons, adopted without a vote, the Council decides to extend the mandate of the Independent Expert on the enjoyment of all human rights by older persons for a period of three years, and requests the Independent Expert to integrate a gender and disability perspective throughout the work of the mandate, and to address multiple, intersecting and aggravated forms of discrimination faced by older persons.

In a resolution (A/HRC/33/L.10) on human rights and transitional justice, as orally revised, adopted with a vote of 29 in favour, 1 against and 17 abstentions, the Council reiterates the responsibility of each individual State to protect its population from genocide, war crimes, ethnic cleansing and crimes against humanity; calls upon States, where relevant, to develop comprehensive transitional justice strategies and to establish judicial and non-judicial mechanisms in order to address past atrocities and the needs of victims.

In a resolution (A/HRC/33/L.12) on the role of prevention in the promotion and protection of human rights, adopted without a vote, the Council recognizes that States have the primary responsibility for the promotion and protection of all human rights, including the prevention of human rights violations; and invites national human rights institutions to consider addressing the issue of the role of prevention in the promotion and protection of human rights in the framework of relevant international and regional forums.

In a resolution (A/HRC/33/L.13) on unaccompanied migrant children and adolescents and human rights, adopted without a vote, the Council calls upon countries of origin, transit and destination to facilitate family reunification, as appropriate, as an important objective that promotes the welfare and the best interests of unaccompanied migrant children and adolescents.

In a resolution (A/HRC/33/L.14/Rev.1) on local government and human rights, adopted without a vote, the Council decides to convene on the same day as the organizational meeting for its thirty-sixth session a panel discussion on the role of local government in the promotion and protection of human rights, the objective of which will be to identify ways in which local government can promote, protect and fulfil human rights effectively.

In a resolution (A/HRC/33/L.15) on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, adopted without a vote, the Council decides to extend the mandate of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health for a period of three years; and requests the Special Rapporteur to submit an annual report to the Human Rights Council and to the General Assembly covering all activities relating to the mandate.

In a resolution (A/HRC/33/L.19) on the human rights to safe drinking water and sanitation, adopted by a vote of 42 in favour, one against and four abstentions, the Council decides to extend the mandate of the current mandate holder as Special Rapporteur on the human rights to safe drinking water and sanitation for a period of three years, and calls upon States to identify all laws that have both direct and indirect discriminatory consequences with regard to the equal enjoyment of the human rights to safe drinking water and sanitation.

In a resolution (A/HRC/33/L.20) on preventable mortality and morbidity of children under 5 years of age as a human rights concern, adopted without a vote, the Council calls upon States to adopt a human rights-based approach to reduce and eliminate preventable mortality and morbidity of children under 5 years of age, and calls upon States and other relevant stakeholders to continue to take and intensify action to address the interlinked root causes of preventable mortality and morbidity of children under five.

In a resolution (A/HRC/33/L.21) on cultural rights and the protection of cultural heritage, adopted without a vote, the Council calls upon all States to respect, promote and protect the right of everyone to take part in cultural life, including the ability to access and enjoy cultural heritage; urges all parties to armed conflicts to refrain from any unlawful military use or targeting of cultural property, and calls for the safety and security of cultural rights defenders involved in the protection of cultural heritage to be protected.

In a resolution (A/HRC/33/L.22) on arbitrary detention, adopted by a vote of 46 in favour, none against and one abstention, the Council  decides to extend the mandate of the Working Group on Arbitrary Detention for a further period of three years, and requests the States concerned to take account of the views of the Working Group, and, where necessary, to take appropriate steps to remedy the situation of persons arbitrarily deprived of their liberty.

In a resolution (A/HRC/33/L.23) on human rights and indigenous peoples: mandate of the Special Rapporteur on the rights of indigenous peoples, adopted without a vote, the Council decides to extend the mandate of the Special Rapporteur on the rights of indigenous peoples for a period of three years to, inter alia, examine ways and means of overcoming existing obstacles to the full and effective protection of the rights of indigenous peoples.

In a resolution (A/HRC/33/L.24) on human rights and indigenous peoples, adopted without a vote, the Council requests the Expert Mechanism on the Rights of Indigenous Peoples to prepare a study, to be finalized by its tenth session, on good practices and challenges, including discrimination, in business and in access to financial services by indigenous peoples, in particular indigenous women and indigenous persons with disabilities.

In a resolution (A/HRC/33/L.27/Rev.1) on the protection of human rights and fundamental freedoms while countering terrorism, adopted by a vote of 38 in favour, none against and nine abstentions, as orally revised and as amended, the Council calls upon States to ensure that any measure taken to counter terrorism and violent extremism complies with international law, and reaffirms that terrorism and violent extremism cannot and should not be associated with any religion, nationality, civilization or ethnic group.

In a resolution (A/HRC/33/L.28) on equal participation in political and public affairs, adopted without a vote as orally revised, the Council urges all States to ensure the full, effective and equal participation of all citizens in political and public affairs, and requests the Office of the High Commissioner to prepare concise and action-oriented draft guidelines as a set of orientations for States on the effective implementation of the right to participate in public affairs.

In a resolution (A/HRC/33/L.29) on the right to development, adopted by a vote of 34 in favour, two against and 11 abstentions as orally revised, the Council decides to appoint, for a period of three years, a Special Rapporteur on the right to development, whose mandate will, inter alia, include: to contribute to the work of the Working Group on the Right to Development, and to contribute to the promotion, protection and fulfilment of the right to development in the context of the coherent and integrated implementation of the 2030 Agenda for Sustainable Development.

Action on Resolution under Agenda Item 4 on Human Rights Situations that Require the Council’s Attention

In a resolution (A/HRC/33/L.30) on the human rights situation in the Syrian Arab Republic, adopted by a vote of 26 in favour, seven against, and 14 abstentions as orally revised, the Council strongly condemns the military offensive on eastern Aleppo being conducted by forces loyal to the Syrian authorities, and calls upon them to halt immediately the indiscriminate bombing of the civilian populations, and demands that all parties work urgently towards the comprehensive implementation of the Geneva communiqué.

In a resolution (A/HRC/33/L.31) on the human rights situation in Burundi, adopted by a vote of 19 in favour, seven against, and 21 abstentions as orally revised, the Council decides to create for a period of one year a commission of inquiry to conduct a thorough investigation into human rights violations and abuses in Burundi since April 2015 to identify alleged perpetrators of human rights violations and abuses in Burundi with a view to ensuring full accountability.

Action on Resolution under Agenda Item 5 on Human Rights Bodies and Mechanisms

In a resolution (A/HRC/33/L.25) on the Expert Mechanism on the Rights of Indigenous Peoples, adopted without a vote, the Council decides to amend the mandate of the Expert Mechanism on the Rights of Indigenous Peoples, which shall provide the Human Rights Council with expertise and advice on the rights of indigenous peoples as set out in the United Nations Declaration on the Rights of Indigenous Peoples, and assist Member States, upon request, to achieve the ends of the Declaration.

Action on Resolutions under Agenda Item 8 on Follow-up to and Implementation of the Vienna Declaration and Programme of Action

In a resolution (A/HRC/33/L.17/Rev.1) on national institutions for the promotion and protection of human rights, adopted without a vote, the Council calls upon States to promptly and thoroughly investigate any cases of alleged reprisal or intimidation against members or staff of national human rights institutions or against individuals who cooperate, seek to cooperate or have cooperated with them, and to bring the perpetrators to justice; and encourages national human rights institutions to continue to participate in and contribute to the work of the Human Rights Council, including the universal periodic review.

Action on Resolutions under Agenda Item 10 on Technical Assistance and Capacity-Building in the Field of Human Rights
 
In a resolution (A/HRC/33/L.4) on technical assistance and capacity-building to improve human rights in Sudan, adopted without a vote as orally revised, the Council decides to renew the mandate of the Independent Expert for a period of one year, and calls upon the Government of the Sudan to continue its full cooperation with the Independent Expert and to continue to permit effective access to visit all areas of the country, and to meet with all relevant actors.

In a resolution (A/HRC/33/L.5) on technical assistance and capacity-building for Yemen in the field of human rights, adopted without a vote as orally revised, the Council calls upon all parties in Yemen to respect their obligations under international human rights law and international humanitarian law, and requests the High Commissioner to allocate additional international human rights experts to the Yemen Office to complement the investigatory work of the National Commission.

In a resolution (A/HRC/33/L.11/Rev.1) on assistance to Somalia in the field of human rights, adopted without a vote, the Council decides to renew the mandate of the Independent Expert on the situation of human rights in Somalia, under agenda item 10, for a period of one year, and calls upon the Federal Government of Somalia, with the support of the international community, to prepare for and hold a credible, transparent and inclusive election process in 2016.

In a resolution (A/HRC/33/L.16) on technical assistance and capacity building in the field of human rights in the Central African Republic, adopted without a vote, the Council decides to renew, for one year, the mandate of the Independent Expert to assess, monitor and report on the situation of human rights in the Central African Republic with a view to making recommendations related to technical assistance and capacity-building in the field of human rights.  The Council also reiterates its call for an immediate end to all abuses and violations of human rights and illegal acts of violence committed by all parties.

In a resolution (A/HRC/33/L.18) on the enhancement of technical cooperation and capacity-building in the field of human rights, adopted without a vote,  the Council encourages States, relevant international organizations, intergovernmental bodies and civil society, including non-governmental organizations, to reflect on the achievements made and obstacles faced in their past efforts pertaining to technical cooperation and capacity-building in the field of human rights.

In a resolution (A/HRC/33/L.26) on technical assistance and capacity-building for human rights in the Democratic Republic of the Congo, adopted without a vote, the Council strongly urges the Government to intensify its efforts and take immediate steps to peacefully resolve the political issues that led to recent violence in the country, and requests the Office of the High Commissioner for Human Rights to prepare a report on the situation of Human Rights in the Democratic Republic of Congo during the electoral context.

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