人权理事会结束第二十六届会议并通过34项文本（部分翻译）

人权理事会
综述

2014年6月27日

设立厄立特里亚问题调查委员会和残疾人权利问题特别报告员

人权理事会今天晚上结束了其第二十六届常会，会上通过了34项涉及广泛事宜的文本以及会议报告。理事会还通过了14个国家的普遍定期审议结果。

人权理事会主席波德莱尔·恩东·艾拉（Baudelaire Ndong Ella）在总结发言中表示，虽然各方在一些问题上众说纷纭，理事会应落实其任务并证明其参与性。报复人权维护者的行为是不可接受的，必须立刻制止。

联合国日内瓦办事处代理总干事迈克尔·穆勒（Michael Møller）在闭幕会议上宣读了联合国秘书长潘基文的致辞，致辞中指出，人权事务高级专员纳维·皮莱是一名杰出的高级专员，她是世界最弱势群体可靠、公正而有效的倡导者，显著地加强了人权高专办的外地存在，并对危机作出迅速而敏捷的响应。

皮莱女士在发言中表示，世界各地侵犯人权行为受害者知道理事会致力于解决其关切的问题是至关重要的。

在获得通过的文本中，理事会提及了叙利亚人权和人道主义状况持续恶化的问题，并要求叙利亚当局与叙利亚问题独立国际调查委员会开展充分合作，并谴责一切暴力行为。在一份有关白俄罗斯人权状况的决议中，理事会对该国持续侵犯人权现象的蓄意和系统性性质深表担忧，并将特别报告员的任务延长一年。理事会谴责了厄立特里亚当局犯下的广泛人权侵犯行为，将特别报告员的任期延长一年，并设立一个负责调查厄立特里亚人权侵犯行为的委员会。

论及其他国家状况，理事会要求南苏丹各方停止一切人权侵犯、虐待和暴力行为，并要求他们开展包容性对话，敦促国际社会继续支持科特迪瓦重建与和解进程，强烈谴责非法武装团体在乌克兰犯下的暴力行为，并呼吁所有相关方为独立人权监察员提供便利。

理事会决定将赤贫与人权问题特别报告员，人权与国际团结问题独立专家，法官和律师独立性问题特别报告员，贩运人口、尤其是妇女和儿童问题特别报告员，法外处决、即审即决和任意处决问题特别报告员以及教育权问题特别报告员的人气都延长三年。理事会还决定设立一个为期三年的残疾人权利问题特别报告员任务。

理事会建议联合国大会将6月13日定为国际白化病日，并决定将有效落实德班宣言和行动纲领政府间工作组的报告紧急移交联合国大会审议。理事会还决定在第二十七届会议上召开一次有关保护家庭的小组讨论。

理事会还决定设立一个不限成员名额政府间工作组，负责拟定一份有关跨国公司和其他工商企业尊重人权的约束性国际法律文书。在一份有关人权和气候变化的决议中，理事会呼吁各国继续加强气候变化对享受人权的负面影响方面的国际合作。理事会还通过了一份有关促进、保护和享受互联网上的人权的决议，申明人们在网络上享有与线下同样的权利，尤其是言论自由方面。

理事会通过的其他决议还包括腐败对享受人权的负面影响，死刑问题，加强消除对妇女一切形式的暴力方面的努力，消除对妇女的歧视，促进移徙者享有能够达到的最高标准的身心健康权，保护世界各地罗姆人，议会对人权理事会及其普遍定期审议工作的贡献，人权与任意剥夺国籍，人权与规范平民获取、持有和使用武器问题和人人享有最佳身心健康问题。

理事会通过了待批准的第二十六届会议报告。

与人权理事会本届和历届会议相关的文件、声明、决议和报告将在其网站上发布。具体到每届公开会议中每位发言者的新闻稿请登录联合国驻日内瓦办事处网站。

理事会将于2014年6月10日至27日召开第二十六届常会。人权理事会将于2014年9月8日至26日在万国宫第二十会议室召开第二十七届常会。

Summary of the Session

United Nations High Commissioner for Human Rights Navy Pillay opened the session with an update on the activities of her Office. In her last update to the Council as the High Commissioner, Ms. Pillay said that the recent requests from the Security Council for information and advice on human rights issues in the Central African Republic, Syria, Libya, Mali and South Sudan, as well as the briefings on Ukraine and South Sudan, demonstrated heightened recognition that human rights were fundamental to peace, security and development, and testified to the stature that the Office of the High Commissioner for Human Rights had developed. The High Commissioner also referred to human rights situations of concern, including the death penalty, violence against women and discrimination. In the general debate that followed, speakers commended the High Commissioner and her Office’s efforts in following up human rights issues around the world, as well as the High Commissioner’s leadership in the successful outcome of the treaty body strengthening process.

The Council held interactive dialogues with Special Rapporteurs on the freedom of opinion and expression; freedom of peaceful assembly and of association; right to health; violence against women; extreme poverty and human rights; extrajudicial executions; human rights of internally displaced persons; trafficking in persons; independence of judges and lawyers; human rights of migrants; the right to education; and racism. It also organized clustered debates with the Chair-Rapporteur of the Working Group on human rights and transnational corporations and other business enterprises, the Independent Expert on international solidarity and the Chair-Rapporteur of the Working Group on discrimination against women in law and practice.

The Council organized a panel discussion on the safety of journalists in order to identify challenges and good practices to ensure the safety of journalists and to promote a better understanding of relevant international human rights norms. A high-level panel discussion on the identification of good practices in combating female genital mutilation also took place. The Council convened its annual full-day meeting on women’s rights, including two panel debates on the impact of gender stereotypes on the recognition and enjoyment of women’s human rights, and on women’s human rights and the sustainable development agenda.

In its second week, the Council heard a presentation by the Independent International Commission of Inquiry on Syria, which was followed by an interactive dialogue. Under the agenda item on human rights situations that required the Council’s attention, the Council held individual interactive dialogues with the Special Rapporteurs on Eritrea, on Belarus, and on the Democratic People's Republic of Korea.

In the third week, the Council held a panel discussion on preventing and eliminating child, early and forced marriage. Interactive dialogues with the Independent Expert on the Central African Republic and the Independent Expert on Côte d’Ivoire were organized. The Council heard presentations of country reports of the High Commissioner and the Secretary-General, the High Commissioner’s annual presentation on technical assistance and capacity building, the Board of Trustees of the Voluntary Fund for Technical Cooperation, reports of the Advisory Committee, Social Forum, Forum on Human Rights and Business and the Working Group on rights of peasants. It held an annual thematic discussion on technical cooperation. Also during the third week, the Council held general debates on the human rights situation in Palestine and other Occupied Arab Territories; follow-up to and implementation of the Vienna Declaration and Programme of Action; racism, racial discrimination, xenophobia and related forms of intolerance - follow-up to and implementation of the Durban Declaration and Programme of Action; and technical assistance and capacity building.

On the last day of the session, the Council appointed the following Special Procedure mandate holders: David Kaye (United States) as the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; Danius Puras (Lithuania) as the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health; Maria Grazia Giammarinaro (Italy) as the Special Rapporteur on trafficking in persons, especially women and children; Baskut Tuncak (Turkey) as the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and waste; Seong-Phil Hong (Republic of Korea) as the member of the Working Group on Arbitrary Detention from Asia-Pacific States; and Sabelo Gumedze (South Africa) as the member of the Working Group on People of African Descent.

During the session, the Council approved outcomes of the Universal Periodic Reviews of (in order of review) New Zealand, Afghanistan, Chile, Uruguay, Yemen, Vanuatu, the former Yugoslav Republic of Macedonia, Comoros, Slovakia, Eritrea, Cyprus, Dominican Republic, Viet Nam and Cambodia.

Resolutions and Decisions

Action on Resolutions and Decisions 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/26/L.1) on human rights and transnational corporations and other business enterprises, the Council called on all business enterprises to meet their responsibility to respect human rights consistent with the United Nations Guiding Principles.

In a decision (A/HRC/26/L.5) on the negative impact of corruption on the enjoyment of human rights, the Council decided to request the Advisory Committee to submit a final research-based report on the issue of the negative impact of corruption on the enjoyment of human rights to the Council at its twenty-eighth session.

In a resolution (A/HRC/26/L.7) on International Albinism Awareness Day, the Council recommended that the General Assembly proclaim 13 June as the International Albinism Awareness Day, and urged the human rights treaty bodies and special procedures of the Council to continue to give attention to the situation of persons with albinism.

In a resolution (A/HRC/26/L.8/Rev.1) on the question of the death penalty, the Council urged States that had not yet abolished the death penalty to protect the rights of those facing it, and called upon States that had not yet done so to consider acceding to or ratifying the Second Optional Protocol of the International Covenant on Civil and Political Rights.

In a resolution (A/HRC/26/L.9) on Special Rapporteur on the rights of persons with disabilities, the Council decided to appoint, for three years, a Special Rapporteur on the rights of persons with disabilities, and requested the Secretary-General to bring the reports of the Special Rapporteur to the attention of the Committee on the Rights of Persons with Disabilities, the Conference of States Parties and the Commission for Social Development.

In a resolution (A/HRC/26/L.10) on extreme poverty and human rights, the Council decided to extend, for a period of three years, the mandate of the Special Rapporteur on extreme poverty and human rights, and requested him to submit an annual report on the implementation of the present resolution to the General Assembly and to the Human Rights Council.

In a resolution (A/HRC/26/L.11) on protection of Roma, the Council condemned the persistent manifestations of racism, racial discrimination, xenophobia and related intolerance against Roma, and invited the Special Rapporteur on minority issues to prepare a comprehensive study on the situation of Roma worldwide.

In a resolution (A/HRC/26/L.12) on the elimination of discrimination against women, the Council called upon States to include special measures or positive action measures to achieve gender equality and empowerment of women in economic and social life, and called for gender equality and empowerment of women to be reflected as a stand-alone goal in the post-2015 sustainable development agenda.

In a resolution (A/HRC/26/L.16) on the mandate of the independent expert on human rights and international solidarity, the Council reaffirmed that the promotion of international cooperation was a duty for States, and decided to extend the mandate of the Independent Expert on human rights and international solidarity for a period of three years.

In a resolution (A/HRC/26/L.18) on the mandate of the special rapporteur on the independence of judges and lawyers, the Council decided to extend the mandate of the Special Rapporteur for a period of three years, and urged all Governments, United Nations and its agencies to cooperate with and assist the Special Rapporteur in the performance of his or her tasks.

In a resolution (A/HRC/26/L.19) on the mandate of the Special Rapporteur on trafficking in persons, especially women and children, the Council decided to extend the mandate of the Special Rapporteur for a period of three years. It also urged States, regional and multilateral organizations to develop and strengthen strategies and plans of action to combat trafficking in persons with a victim-centred approach.

In a resolution (A/HRC/26/L.20/Rev.1) on the protection of the family, the Council decided to convene at its twenty-seventh session a panel discussion on the protection of the family to address the implementation of States’ obligations under relevant provisions of the international human rights law.

In a resolution (A/HRC/26/L.22/Rev.1) on elaboration of an international legally binding instrument on transnational corporations and other business enterprises with respect to human rights, the Council decided to establish an open-ended intergovernmental working group to elaborate an international legally binding instrument on transnational corporations and other business enterprises with respect to human rights, and decided that the working group should hold its first session in 2015.

In a resolution (A/HRC/26/L.23) on the mandate of the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Council demanded that all States ensure that the practice of extrajudicial, summary or
arbitrary executions was brought to an end, and decided to extend the mandate of the Special Rapporteur on extrajudicial, summary or arbitrary executions for three years.

In a resolution (A/HRC/26/L.24) on the promotion, protection and enjoyment of human rights on the Internet, the Council affirmed that the same rights that people had offline had also to be protected online, in particular freedom of expression, called upon all States to promote and facilitate access to the Internet, and stressed the importance of combatting advocacy of hatred on the Internet.

In a resolution (A/HRC/26/L.25) on human rights and arbitrary deprivation of nationality, the Council reaffirmed that the right to a nationality of every human person was a fundamental human right, and urged all States to adopt and implement nationality legislation with a view to avoiding statelessness.

In a resolution (A/HRC/26/L.26/Rev.1) on accelerating efforts to eliminate all forms of violence against women, the Council called for the prevention and elimination of all forms of gender-based violence in the family, within the general community and where perpetrated by the State, and urged States and all segments of society to take steps to address harmful attitudes, customs, stereotypes and unequal power relations.

In a resolution (A/HRC/26/L.27) on human rights and the regulation of civilian acquisition, possession and use of firearms, the Council called upon all States to take appropriate legislative, administrative and other measures, consistent with the international human rights law and their constitutional frameworks, in order to ensure that civilian acquisition, possession and use of firearms are effectively regulated.

In a resolution (A/HRC/26/L.28) on the right to education: follow-up to Human Rights Council resolution 8/4, the Council called upon all States to take all measures to implement Human Rights Council resolutions on the right to education with a view to ensuring the full realization of that right for all, and extended the mandate of the Special Rapporteur on the right to education for a period of three years.

In a resolution (A/HRC/26/L.29) on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, the Council called upon States to promote physical activity and sport among all segments of their population, and to use sport and major sporting events as an opportunity to promote human rights and strengthen universal respect for them.

In a resolution (A/HRC/26/L.30) on promotion of the right of migrants to the enjoyment of the highest attainable standard of physical and mental health, the Council called upon States that had not yet done so to consider signing and ratifying or acceding to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, and reaffirmed the duty of States to effectively protect human rights and freedoms of all migrants.

In a resolution (A/HRC/26/L.31) on the mandate of the Special Rapporteur on the human rights of migrants, the Council decided to extend, for a period of three years, the mandate of the Special Rapporteur on the human rights of migrants, and requested the Special Rapporteur to continue his or her programme of country visits.

In a resolution (A/HRC/26/L.33) on human rights and climate change, the Council expressed concern over the adverse effects of climate change on the effective enjoyment of human rights, and decided to incorporate in its programme of work for the twenty-eighth session a full-day discussion on specific themes related to that subject.

Action on Resolutions and Decisions under Agenda Item 4 on Human rights situations that require the Council’s attention

In a resolution (A/HRC/26/L.4/Rev.1) on the continuing grave deterioration in the human rights and humanitarian situation in the Syrian Arab Republic, the Council demanded that the Syrian authorities cooperate fully with the commission of inquiry; urged all parties to the conflict to prevent violations of international humanitarian law and human rights violations and abuses, and called upon all parties to immediately put an end to all forms of violence.

In a resolution (A/HRC/26/L.6) on the situation of human rights in Eritrea, the Council strongly condemned the continued widespread and systematic violations of human rights and fundamental freedoms committed by the Eritrean authorities, and decided to establish, for a period of one year, a commission of inquiry to investigate all alleged violations of human rights in Eritrea.

In a resolution (A/HRC/26/L.14/Rev.1) on the situation of human rights in Belarus, the Council expressed deep concern at continuing systemic and systematic violations of human rights in Belarus, decided to extend the mandate of the Special Rapporteur on the situation of human rights in Belarus for a period of one year, and called upon the Government of Belarus to cooperate fully with the Special Rapporteur.

Action on Resolutions and Decisions under Agenda Item 5 on human rights bodies and mechanisms

In a resolution (A/HRC/26/L.3) on the promotion and protection of human rights in post-disaster and post-conflict situations, the Council approved of the request of the Advisory Committee for an extension of the time schedule envisaged, so that the progress report would be submitted to the Council at its twenty-seventh session, and the final report at its twenty-eighth session.

In a resolution (A/HRC/26/L.13) on promotion and protection of the human rights of peasants and other people working in rural areas, the Council decided that the working group with the mandate of negotiating, finalizing and submitting to the Human Rights Council a draft United Nations declaration should hold its second meeting before the twenty-ninth session of the Council.

In a resolution (A/HRC/26/L.17) on the Social Forum, the Council reaffirmed the Social Forum as a unique space for interactive dialogue between the United Nations human rights machinery and various stakeholders, and decided that the Social Forum would meet in Geneva in 2015.

In a resolution (A/HRC/26/L.21) on the contribution of parliaments to the work of the Human Rights Council and its Universal Periodic Review, the Council encouraged and welcomed the growing trend by States to include parliamentarians in their national delegations to the Universal Periodic Review process.

Action on Resolutions under Agenda Item 9 on racism, racial discrimination, xenophobia and related forms of intolerance, follow-up and implementation of the Durban Declaration and Programme of Action

In a resolution (A/HRC/26/L.2) on the implementation of the International Decade for People of African Descent, the Council decided to urgently transmit to the General Assembly the report of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action containing the draft programme of activities in its current form.

Action on Resolutions and Decisions under Agenda Item 10 on technical assistance and capacity-building

In a resolution (A/HRC/26/L.15/Rev.1) on cooperation and assistance to Ukraine in the field of human rights, the Council called upon all concerned parties to cooperate fully with, provide access to and allow deployment of independent human rights monitors, and called for protection of all human rights in Ukraine, including in Crimea.

In a resolution (A/HRC/26/L.32) on technical assistance and capacity-building for South Sudan in human rights, the Council demanded a halt to all human rights violations, abuses and acts of violence by all parties in South Sudan, and emphasized that international human rights mechanisms should make efforts to support the work of the Intergovernmental Authority on Development and the African Union.

In a resolution (A/HRC/26/L.39) on the strengthening of capacities and technical cooperation with Côte d’Ivoire in the domain of human rights, the Council noted with concern the precarious humanitarian situation on the ground in Côte d’Ivoire, and decided to establish a new mandate on strengthening the capacities and technical cooperation with Côte d’Ivoire in the field of human rights.

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