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新闻稿 人权理事会
人权理事会听取了社会论坛、工商业论坛以及和平权利工作组的报告的介绍（部分翻译）
2015年6月25日
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人权理事会
中午
2015年6月25日
就人权机构和机制开展一般性辩论，结束了关于需要理事会关注的人权状况的一般性辩论
中午会议期间，人权理事会听取了社会论坛、工商业与人权论坛以及和平权利政府间工作组报告的介绍，之后就人权机构和机制举行了一场一般性辩论。理事会还结束了对需要其关注的人权状况的一般性辩论。
中午会议期间，人权理事会听取了社会论坛、工商业与人权论坛以及和平权利政府间工作组报告的介绍，之后就人权机构和机制举行了一场一般性辩论。理事会还结束了对需要其关注的人权状况的一般性辩论。
2015年社会论坛的主席兼报告员费萨尔•宾•阿卜杜拉•阿尔-恒扎布（Faisal Bin Abdullah Al-Henzab）说，2015年的社会论坛审议了在人人有权享有最高水平的身心健康的背景下获得药物的问题，包括该领域的最佳做法。20亿成年人和儿童无法获得必需的药物，还有数百万人无法获得更一般意义上的药物。药物必须是可以负担、能够接受、容易获得、质量优良的，并且可以被人们不受歧视地得到，而保健系统则必须得到加强，全民医疗保险制度有待建立。
人权事务高级专员办公室特别程序处的临时主管卡里姆•格兹劳维（Karim Ghezraoui）介绍了2014年12月在日内瓦召开的联合国工商业与人权第三届年度论坛的报告。论坛主题为“推进全球的工商业与人权：协调、遵守与问责”，讨论的话题包括公共政策和行动计划的作用、公司取得的进展、加强问责制度以及在全球治理结构中融入《指导原则》。
关于和平权利的不限成员名额政府间工作组的主席兼报告员克里斯蒂安‧吉耶尔梅（Christian Guillerment）强调，如果不尊重所有人的人权，就无法促进和平。建议慎重评估国际社会现在是否能够以各方同意的方式进一步推进和平权利。让和平议程前进或后退的责任掌握在成员国的手中。
在随后关于人权机构和机制的一般性辩论中，发言者呼吁紧急采纳系统方法，应对报复问题，因为阻止和处理报复和恐吓的现有方法不足。所有国家应该继续与普遍定期审议机制完全配合，技术援助对实施收到的建议举足轻重。部分发言者呼吁在所有任务负责人之间通过客观、透明且负责的程序平等分配资源，并促请任务负责人把调查和研究集中在确定其授权的决议中确定的主题上。应进一步探索和平、发展和人权的联系。制定健全的国家工商业与人权计划会对人权产生重大影响。令人不安的是，很多负责企业责任问题的人权维护者正面临威胁。
讨论中发言的有：代表欧盟的拉脱维亚，代表东南亚国家联盟的越南，代表一组观点一致国家的俄罗斯、爱尔兰、中国、古巴、印度、委内瑞拉、玻利维亚、加纳、埃及、挪威、突尼斯、伊朗、哥伦比亚、奥地利和厄瓜多尔。
下列非政府组织也参与发言：全球无屠杀中心（Centre for Global Nonkilling）、民主律师国际协会（International Association of Democratic Lawyers）、萨拉姆基金会（Alsalam Foundation）、人权与和平倡导中心（Centre for Human Rights and Peace Advocacy）、世界穆斯林大会（World Muslim Congress）、解放组织（Liberation）、全球巴鲁阿组织（World Barua Organization）、美国法学家协会（American Association of Jurists）、姆伯洛洛社会和文化发展协会（Mbororo Social and Cultural Development Association）、人权联系会（Conectas Direitos Humanos）、南风发展政策协会（Verein Sudwind Entwicklungspolitik）、国际人权服务社（International Service for Human Rights）、绿化母国基金会（Pasumai Thaayagam Foundation）和非洲文化国际（Africa Culture Internationale）。
会议开始时，人权理事会结束了关于需要理事会关注的人权情况的广泛讨论。
在会上发言的有：最后的晚餐组织（Il Cenacolo），培方德•戈尔•纳格斯组织（Peivande Gole Narges Organization），维瓦特国际组织（Vivat International），调查中心（Centre for Inquiry），国际穆斯林妇女联盟（International Muslim Women Union），非洲维护人权会议（Rencontre Africaine pour la Défense des Droits de l’Homme），阿鲁巴基金（Alulbayt Foundation），促进巴林民主和人权的美国人联盟（American for Democracy and Human Rights in Bahrain），胡海基金会（Al-Khoei Foundation），法国自由基金会：丹尼尔•密特朗基金会（France Libertes: Fondation Danielle Mitterand），法国自由基金会：丹尼尔•密特朗基金会（France Libertes: Fondation Danielle Mitterand），人权法律中心（Human Rights Law Centre），南美洲印第安人理事会（Indian Council of South America），人权联系会（Conectas Human Rights），国际男女同性恋联合会欧洲分部（European Region of the International Lesbian and Gay Federation），世界公民协会（Association of World Citizens），世界环境与资源理事会（World Environment and Resources Council），维护暴力受害者组织（Organization for Defending Victims of Violence）和欧洲犹太学生联合会（European Union of Jewish Students）。
叙利亚和委内瑞拉行使答辩权进行了发言。
理事会将会在6月26日星期五下午3点继续关于人权机构和机制的一般性辩论。今天下午3点，理事会将会审议肯尼亚、亚美尼亚和几内亚比绍的普遍定期审议结果。
General Debate on Human Rights Situations that Require the Council’s Attention
Il Cenacolo stated that the situation in camps in Algeria had worsened because of the activities of armed forces. The regime did not allow access to the camps, which was against human rights principles. The international community was asked to intervene to lift the blockade imposed on the camps.
Peivande Gole Narges Organization said that tens of thousands had been killed, injured or displaced in Yemen. The bombardment of civilian areas by Saudi Arabia using cluster bombs was continuing. The support of the international community for the people of Yemen was necessary, and the Council should look into all violations of human rights.
Vivat International brought to the attention of the Council gaps in the education system in Brazil. Children living far away from urban centres had to travel long distances in order to access schools, often via inaccessible roads and shaky bridges. Adequate access to education ought to be provided by the Government.
Centre for Inquiry underlined the vulnerability of non-believers in Bangladesh, Saudi Arabia and Egypt. The persecution of non-believers was more evident in those States that imposed and controlled religion. Governments must be neutral vis-à-vis religion. Those States that respected freedom of expression went far ahead in terms of girls’ education and development.
International Muslim Women Union said the human rights situation in occupied Jammu and Kashmir deserved the attention of the Council, and pointed at serious human rights abuses by the Indian police forces and violations of the right to self-determination. The laws allowed police forces to escape prosecution for cases of extrajudicial killings and enforced disappearances.
Rencontre Africaine pour la Défense des Droits de l’Homme welcomed the peace agreement signed in Mali, and hoped a firm resolution would be adopted by the Council to address serious human rights violations in South Sudan. It called for an immediate end of bombardment of civilian populations in countries affected by conflicts.
Alulbayt Foundation stated that the Bahrain authorities had crushed the right to freedom of expression. Courts did not hear the recordings pertinent to cases or witnesses, and just relied on the testimonies of the Ministry of Interior and security forces. The perpetrators were not held responsible because the International Covenant on Civil and Political Rights was not applied in Bahrain.
Americans for Democracy and Human Rights in Bahrain drew attention to the continuous and systematic human rights violations in Yemen at a time when the humanitarian situation there was already catastrophic. Many children had been killed and the airstrikes by Saudi Arabia were being conducted in full disregard of Yemeni civilians. Many of these acts could be considered war crimes.
Al-Khoei Foundation noted that since it invaded the valley of Ninava, the so-called Islamic State had violated the rights of many ethnic and religious minorities there. Ethnic cleansing and indiscriminate killings had taken place. Women and girls were sold in markets as sex slaves. All that was done in the name of Islam, although it had nothing to do with it.
France Libertes: Fondation Danielle Mitterand was concerned about human rights violations in the non-autonomous region of Western Sahara, where freedom of expression was being violated. Journalists there were targets of all forms of harassment and unjust treatment. Impunity for the perpetrators of such offences was prevailing.
Human Rights Law Centre said that Australia was using dangerous measures to return asylum seekers to international waters. Australia had repeatedly denied having paid smugglers to turn their boats back. The methods of return had differed, but in all cases people had been returned without due process, creating risk of non-refoulement.
Indian Council of South America said one of the most bio diverse places in the planet, the Madidi national park in Bolivia, was being opened for oil development. Alaska, Hawaii and the Great Sioux Nation called on the United States to stop land development and exploitation in their territories.
Conectas Human Rights said a constitutional reform pending in Brazil would allow adolescents between 16 and 18 to be sentenced as adults, and would indirectly target the most vulnerable groups of Brazilian society.
European Region of the International Lesbian and Gay Federation welcomed incredible progress by Ireland to protect transgender persons, but regretted that gaps remained as Ireland continued to refuse to recognize young transgender persons’ preferred gender. Ireland should remove the minimum age criteria.
Association of World Citizens stated that the issue of identity documents for Roma was still outstanding. Europe needed to take up its responsibility for ethnic minorities from different cultures. Refugees and migrants needed to be treated humanely; migrants were the future.
World Environment and Resources Council said that the Pakistani establishment was converting the indigenous Sinti. Megacities were being built and large areas of Sinti land were being forcibly taken away by the Federal Government. The most vulnerable were the Sinti Hindus, whose places of worship had been attacked on several occasions.
Organization for Defending Victims of Violence stated that there were numerous reports of mass murders of civilians and ethnic cleansing by the Islamic State. More than 2.5 million Iraqis were displaced, many of them living in tents in difficult conditions. The international community should help the victims of IS terror.
European Union of Jewish Students said that there was still no end in sight to the conflict in Syria. The Commission of Inquiry should be given full and unrestricted access to Syria. The Iranian Government continued to violate the freedom of religion, including of the Bahai and Christians. Minorities were persecuted across the Middle East.
Right of Reply
Syria, speaking in a right of reply in response to a statement by Saudi Arabia, said Saudi Arabia had been financing and providing military support to terrorist groups, including Al-Qaeda and ISIS. Syria then referred to human rights violations and corruption in Saudi Arabia, and Saudi Arabia’s involvement in atrocities in Yemen and Syria.
Venezuela, speaking in a right of reply, referred to statements made by a small number of countries that were trying to undermine the rule of law in Venezuela. Venezuela was the target of a brutal campaign to discredit it. Venezuela guaranteed full protection of human rights for its citizens. People detained in relation to protests had been arrested following violent acts of terrorist violence aimed at overthrowing the democratic government. They were however enjoying full fair-trial and defence protections.
Documentation
The Council has before it a summary of discussions of the Forum on Business and Human Rights - Note by the Secretariat (A/HRC/29/29)
The Council has before it the report of the 2015 Social Forum (Geneva, 18–20 February 2015) (A/HRC/29/44)
The Council has before it the report of the open-ended intergovernmental working group on a draft United Nations declaration on the right to peace on its third session (A/HRC/29/45)
Presentation of the Reports of the Social Forum, the Forum on Business and Human Rights, and the Intergovernmental Working Group on the Right to Peace
FAISAL BIN ABDULLAH AL-HENZAB, Chairperson-Rapporteur of the 2015 Social Forum, said that the Social Forum had taken place from 18 to 20 February 2015 and had considered access to medicines in the context of the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, including best practices in this regard. The Forum drew attention to the two billion men, women and children without access to essential medicines and millions more without access to medicines more generally. There was a need to act now because medicines were a matter of life and death, they enhanced the quality of life, and were key to a life with dignity. Medicines must be affordable, acceptable, accessible, of good quality, and made available without discrimination. Health systems must be strengthened and universal health coverage established. States must have sufficient policy space to pursue health objectives and must try to utilize existing resources more effectively, while intellectual property laws needed transformative changes to ensure that the benefits of scientific progress were enjoyed by all people everywhere and without discrimination. Participants called for a new and legally binding treaty on research and development of medicines that would promote innovation and equitable access and said that publicly funded health care systems were the best way to ensure equitable access to health care. The international community must aim for universal access to healthcare in the post-2015 development agenda, which should also include mental health.
KARIM GHEZRAOUI, Chief ad interim of the Special Procedures Branch of the Office of the High Commissioner for Human Rights, presented the report of the third United Nations annual Forum on Business and Human Rights, which was held in Geneva in December 2014. This forum was the largest global gathering for multi-stakeholder dialogue on business and human rights. Around 2,000 participants from some 130 countries took part in a rich programme, including 39 parallel sessions and 20 plenary sessions. The theme was “Advancing business and human rights globally: alignment, adherence and accountability”, and issues discussed included the role of public policies and action plans, progress made by companies, enhancing accountability, and integrating the Guiding Principles in global governance structures. Participants also raised issues relating to specific groups or geographical concerns. Panellists emphasized the importance of cooperation between all relevant stakeholders to move forward on this issue. Some general observations emerged: governments were beginning to examine legislative reforms; remedies remained elusive; the dialogue was becoming more substantive; business representatives were becoming more engaged in discussions; the Working Group’s discussions on a legally binding instrument should not impede efforts to implement the Guiding Principles; and above all a recurrent recommendation was the need to establish a regular and systematic process for measuring and reporting on progress made by States and business enterprises in implementing the Guiding Principles.
CHRISTIAN GUILLERMET, Chairperson-Rapporteur of the Open-ended Intergovernmental Working Group on the Right to Peace, stressed that peace could not be promoted without the respect of all human rights for all. In a context of war, the most fundamental human rights were violated on a daily basis, and in particular the right to life. All stakeholders involved in the work of the Open-ended Working Group had made tremendous efforts to approach positions and had overcome initial polarizations. The Chairperson-Rapporteur’s task had been to listen to the different positions, to understand the difficulties and obstacles and to clarify concepts within the mandate. He believed that the international community was absolutely ripe to advance in the progressive elaboration of the right of peoples to peace through the development of the elements that composed it. Given that there were clear differences of opinion on the issue, it was more useful to focus attention on the main components, which could be found in the operative part of the Council resolutions 14/3 (2010), 17/16 (2011) and 20/15 (2012). The proceedings in the Working Group were guided by the principles of transparency, inclusiveness, consensus, objectivity and realism. A summary of the discussions was included in the report of the Working Group on its third session. It was recommended that a serious assessment should be conducted on whether the international community was in a position to further develop the right to peace in a consensual manner at this point in time. The responsibility to advance or move backwards in the peace agenda was only in the hands of the Member States. States and other stakeholders were invited to propose measures aimed at concluding and finalizing the process in a definite manner. The time for the agreement was now as later it would be more difficult.
General Debate on Human Rights Bodies and Mechanisms
Latvia, speaking on behalf of the European Union, stressed the need to uphold the independence of the High Commissioner for Human Rights and his Office and address the alarming budget situation. There was an urgent need to develop a systematic approach to the issue of reprisals, as the current response in preventing and addressing reprisals and intimidation was inadequate. All States should continue to fully cooperate with the Universal Periodic Review. The European Union noted the crucial role of technical assistance and capacity building in the implementation of received recommendations.
Viet Nam, speaking on behalf of the Association of Southeast Asian Nations, took note of the report of the Open-ended Intergovernmental Working Group on a draft United Nations Declaration on the Right to Peace, and the efforts to conduct informal consultations with Governments, regional groups and relevant stakeholders. The Member States of the Association of Southeast Asian Nations would continue to enhance friendship and cooperation in the furtherance of peace, harmony and stability in the region.
Russia, speaking said on behalf of a like-minded group of countries, highly appreciated the contribution of Special Procedures to the improvement of human rights situations all over the world and said that the Code of Conduct was the basis and the guide for their activities. The like-minded group of countries called for equitable allocation of resources among all mandate holders through an objective, transparent and accountable process and urged mandate holders to focus their research and studies solely on the subjects identified by resolutions establishing their mandates.
Ireland commended the Chair-Rapporteur for ensuring that the Working Group’s considerations were conducted in a transparent manner. Links between peace, development and human rights ought to be further explored. An agreement on the draft resolution was within reach. The development of robust national plans on business and human rights could have a significant impact on human rights. It was disturbing that many human rights defenders dealing with corporate responsibility were facing threats.
China welcomed discussions in the Social Forum on the right to access to health and medicine. China had actively participated in discussions on business and human rights, and was working on elevating social corporate responsibility of its enterprises. The right of people to peace was highly relevant in the current context, and China supported negotiations on the draft text.
Cuba stressed that peace was a fundamental condition for promoting and protecting all human rights for all. States had a duty to resolve international disputes in a peaceful manner, which was a goal Cuba supported. The Social Forum was a mechanism which provided civil society with a platform to express its proposals on important topics on the international agenda. Cuba would submit a draft resolution to convene the 2016 Social Forum on the rights of persons with disabilities.
India said that a leading cause of induced poverty was the skyrocketing cost of medicines. It was stretching the budgets of all Governments and it was thus timely for the Social Forum to allow diverse stakeholders to highlight issues and come up with solutions. The blocking of public access to medicines by agreements such as TRIPS had to be regarded as violations of human rights. As for social justice and equality, it was important to facilitate genuine dialogue and to carry out the Code of Conduct by Special Procedures in full transparency and to allow for the equitable use of resources.
Venezuela welcomed the fact that the Council discussed access to medicines in the context of human rights and the right of every person to enjoy the highest level possible of physical and psychological health. The right to peace was fundamental and Venezuela supported the draft Declaration on the Right to Peace. As for business and human rights, it was necessary to increase the participation of victims, as prevention and participation were fundamental, and establish legally binding transnational rules on multinational corporations.
Bolivia said it fostered the culture of peace and opposed any form of aggression as an instrument to resolve differences among States. Access to medicines was a fundamental issue and a prerequisite to life with dignity. The lack of funding undermined health systems and intellectual property mechanisms were not a way to ensure the universal access to health. Pharmaceutical companies had to meet their human rights and ethical obligations.
Ghana said that the right to peace was an indispensable principle of the United Nations and that reaching consensus on the draft United Nations Declaration would re-establish this commitment. The search for domestic remedies to human rights violations by businesses must be guided by individual and also community concerns. The recommendations in the report of the Social Forum for the introduction of social protection policies and universal health coverage were steps in the right direction.
Egypt said that the draft United Nations Declaration on the Right to Peace was still distant from the core objective to codify an international right to peace. Egypt was concerned about the new trend by some Special Procedure mandate holders to revise and question the outcomes of inter-governmental negotiations, which would negatively affect the future of constructive dialogue with States who solely retained full discretion in the negotiations.
Norway said that the last Forum on Business and Human Rights was the best forum ever, not only because of the increased number of participants, but also because it was more substantive, tackling thorny issues, discussing reforms in company and government practice, and getting to the core of the issues. The potential of the Guiding Principles would not be realized without business enterprises actively engaging in efforts to implement their responsibility to protect human rights.
Tunisia believed that the system of Special Procedures was one of the most effective mechanisms of the Human Rights Council in assisting Member States in making sustained efforts in promoting and protecting human rights. Tunisia noted that major challenges faced by the Special Procedures system included lack of financing and absence of cooperation by certain Member States.
Iran stated that all business enterprises had a responsibility to respect human rights. Iran believed that the endorsement of the Guiding Principles had provoked a step up of the businesses’ approach to human rights, which required clear policy commitment and could be fulfilled through strong international will. Rights to peace and the realization of peace were fundamental for economic and social progress.
Colombia reiterated that the right to peace was a constitutional right in Colombia and thus had a legal primacy over other rights in the country. Colombia realized that only contexts of peace and reconciliation provided for the full enjoyment of human rights. Access to cost-effective medicine was vital for fulfilling the right to health. When essential medicine ran out, this had negative results on various aspects, including child mortality.
Austria focused on the issue of corruption on the enjoyment of human rights, noting that it was an enormous obstacle to the enjoyment of all human rights. Austria thus welcomed the integration of the human rights perspective in corruption prevention policies. The International Anti-Corruption Academy in Austria was a new stakeholder in the combat against corruption, and Austria welcomed the Council’s continuous engagement in that topic.
Ecuador reiterated the importance of maintaining joint efforts by all States to protect human rights in the context of business activities. It attached great importance to enterprises and human rights and thus attempted to foster international dialogue on the subject. It was committed to drawing up an internationally binding instrument on human rights obligations of corporations.
Centre for Global Nonkilling said that the right to peace was essential in preventing killings and the enjoyment of human rights. All individuals were entitled to a world order where the right to peace was fully recognized and their rights guaranteed. However, the right to peace would not forbid the legitimate use of force. The Centre encouraged States to grant peace to their peoples, and open ministries for peace.
International Association of Democratic Lawyers expressed its disappointment at the negotiations on the right to peace and said that too much was being sacrificed for the consensus. The reality for immense numbers of people meant war, exclusion, marginalization, and poverty. Some delegations were trying to introduce innovative ideas which had been rejected because those had not contained agreed language.
Al-Salam Foundation was concerned about the growing number of human rights violations documented in Bahrain and its lack of cooperation with United Nations human rights mechanisms in this regard. Threats of reprisals made and carried out by Bahrain were a sign of neglect of this Council in its engagement with civil society.
Centre for Human Rights and Peace Advocacy drew the attention of the Council to the situation of Sikhs in India who had suffered genocides and massacres; there had been no move to prosecute the political leaders involved in instigating the violence against the Sikhs and minorities. India should bring the perpetrators of Sikh genocides to justice and stop violence against minorities in India.
World Muslim Congress said that Special Procedures constituted one of the most important mechanisms of the Human Rights Council, and States were encouraged to fully cooperate with them. India had not yet responded to the requests by the Special Rapporteurs on torture and enforced disappearances. There had been an increase in the number of attacks against human rights defenders in India.
Liberation noted that India had suffered three major spates of communal violence in recent history, in which thousands of people had been killed. In all cases, accountability had proved elusive. Indian authorities had too often failed to properly investigate and prosecute suspects. The pattern of impunity continued to the present day.
World Barua Organization said that fears about religious freedom in India had heightened since Prime Minister Modi had swept to power. The authorities were not taking religious attacks seriously. Religious conversions had always been a hot button issue for Hindu nationalists, and Christians were particularly vulnerable.
American Association of Jurists noted that providing access to medicines was the fundamental obligation of States, and it was a matter of life or death. In developing countries ill health was both the cause and consequence of poverty. Austerity measures that limited the resources for health services undermined the right to health. States should foster innovation in the treatment of diseases, and TRIPS agreements should be eliminated. Assistance to the least developing countries to that end should be provided.
Mbororo Social and Cultural Development Association noted that discrimination based on race, colour or ethnicity was an offence to human dignity. Discrimination against the people of north-east India was often in practice due to their resemblance to Chinese people. The Association urged the Council to call on India to stop communal violence against north-easterners.
Conectas Direitos Humanos invited the Council to reflect on the elections for the vacant positions in the Working Group on Business and Human Rights, noting that during the appointment process civil society organizations submitted a questionnaire to the three final candidates. Only one of them replied to all the questions, while others did not address them. It urged the Council to take into account civil society’s suggestions in the next appointments.
Verein Sudwind Entwicklungspolitik regretted that Iran had not responded to urgent appeals by the Special Rapporteurs, also in connection to a death sentence of a 30 years old photographer for insulting the Prophet in social media. The response of Iran was still awaited on a joint urgent appeal by the Special Rapporteurs on arbitrary detention, discrimination against women, freedom of peaceful assembly, human rights defenders, independence of judges and lawyers, and violence against women.
International Service for Human Rights said that the latest report of the Special Rapporteur provided a sad picture of the situation of human rights defenders in a number of countries, including in Malaysia, Bahrain and Iran. 36 States had not responded to communications, and 10 of those were members of this Council.
Pasumai Thaayagam Foundation said that almost 30 years had passed since the General Assembly resolution 39/11 on the right to peace, and still crimes against humanity and crimes of genocide were not being challenged in many instances. The international community was not adequately challenging crimes by ISIS. Selectivity in invoking the “responsibility to protect” was also a matter of concern.
Africa Culture Internationale believed that human development should be a priority for all persons subject to law. The right to development was very important, but was difficult to take on board by those struggling to provide basic necessities. Motivating African youth to engage in agriculture would provide a new dynamic which would support development.
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For use of the information media; not an official record
General Debate on Human Rights Situations that Require the Council’s Attention
Il Cenacolo stated that the situation in camps in Algeria had worsened because of the activities of armed forces. The regime did not allow access to the camps, which was against human rights principles. The international community was asked to intervene to lift the blockade imposed on the camps.
Peivande Gole Narges Organization said that tens of thousands had been killed, injured or displaced in Yemen. The bombardment of civilian areas by Saudi Arabia using cluster bombs was continuing. The support of the international community for the people of Yemen was necessary, and the Council should look into all violations of human rights.
Vivat International brought to the attention of the Council gaps in the education system in Brazil. Children living far away from urban centres had to travel long distances in order to access schools, often via inaccessible roads and shaky bridges. Adequate access to education ought to be provided by the Government.
Centre for Inquiry underlined the vulnerability of non-believers in Bangladesh, Saudi Arabia and Egypt. The persecution of non-believers was more evident in those States that imposed and controlled religion. Governments must be neutral vis-à-vis religion. Those States that respected freedom of expression went far ahead in terms of girls’ education and development.
International Muslim Women Union said the human rights situation in occupied Jammu and Kashmir deserved the attention of the Council, and pointed at serious human rights abuses by the Indian police forces and violations of the right to self-determination. The laws allowed police forces to escape prosecution for cases of extrajudicial killings and enforced disappearances.
Rencontre Africaine pour la Défense des Droits de l’Homme welcomed the peace agreement signed in Mali, and hoped a firm resolution would be adopted by the Council to address serious human rights violations in South Sudan. It called for an immediate end of bombardment of civilian populations in countries affected by conflicts.
Alulbayt Foundation stated that the Bahrain authorities had crushed the right to freedom of expression. Courts did not hear the recordings pertinent to cases or witnesses, and just relied on the testimonies of the Ministry of Interior and security forces. The perpetrators were not held responsible because the International Covenant on Civil and Political Rights was not applied in Bahrain.
Americans for Democracy and Human Rights in Bahrain drew attention to the continuous and systematic human rights violations in Yemen at a time when the humanitarian situation there was already catastrophic. Many children had been killed and the airstrikes by Saudi Arabia were being conducted in full disregard of Yemeni civilians. Many of these acts could be considered war crimes.
Al-Khoei Foundation noted that since it invaded the valley of Ninava, the so-called Islamic State had violated the rights of many ethnic and religious minorities there. Ethnic cleansing and indiscriminate killings had taken place. Women and girls were sold in markets as sex slaves. All that was done in the name of Islam, although it had nothing to do with it.
France Libertes: Fondation Danielle Mitterand was concerned about human rights violations in the non-autonomous region of Western Sahara, where freedom of expression was being violated. Journalists there were targets of all forms of harassment and unjust treatment. Impunity for the perpetrators of such offences was prevailing.
Human Rights Law Centre said that Australia was using dangerous measures to return asylum seekers to international waters. Australia had repeatedly denied having paid smugglers to turn their boats back. The methods of return had differed, but in all cases people had been returned without due process, creating risk of non-refoulement.
Indian Council of South America said one of the most bio diverse places in the planet, the Madidi national park in Bolivia, was being opened for oil development. Alaska, Hawaii and the Great Sioux Nation called on the United States to stop land development and exploitation in their territories.
Conectas Human Rights said a constitutional reform pending in Brazil would allow adolescents between 16 and 18 to be sentenced as adults, and would indirectly target the most vulnerable groups of Brazilian society.
European Region of the International Lesbian and Gay Federation welcomed incredible progress by Ireland to protect transgender persons, but regretted that gaps remained as Ireland continued to refuse to recognize young transgender persons’ preferred gender. Ireland should remove the minimum age criteria.
Association of World Citizens stated that the issue of identity documents for Roma was still outstanding. Europe needed to take up its responsibility for ethnic minorities from different cultures. Refugees and migrants needed to be treated humanely; migrants were the future.
World Environment and Resources Council said that the Pakistani establishment was converting the indigenous Sinti. Megacities were being built and large areas of Sinti land were being forcibly taken away by the Federal Government. The most vulnerable were the Sinti Hindus, whose places of worship had been attacked on several occasions.
Organization for Defending Victims of Violence stated that there were numerous reports of mass murders of civilians and ethnic cleansing by the Islamic State. More than 2.5 million Iraqis were displaced, many of them living in tents in difficult conditions. The international community should help the victims of IS terror.
European Union of Jewish Students said that there was still no end in sight to the conflict in Syria. The Commission of Inquiry should be given full and unrestricted access to Syria. The Iranian Government continued to violate the freedom of religion, including of the Bahai and Christians. Minorities were persecuted across the Middle East.
Right of Reply
Syria, speaking in a right of reply in response to a statement by Saudi Arabia, said Saudi Arabia had been financing and providing military support to terrorist groups, including Al-Qaeda and ISIS. Syria then referred to human rights violations and corruption in Saudi Arabia, and Saudi Arabia’s involvement in atrocities in Yemen and Syria.
Venezuela, speaking in a right of reply, referred to statements made by a small number of countries that were trying to undermine the rule of law in Venezuela. Venezuela was the target of a brutal campaign to discredit it. Venezuela guaranteed full protection of human rights for its citizens. People detained in relation to protests had been arrested following violent acts of terrorist violence aimed at overthrowing the democratic government. They were however enjoying full fair-trial and defence protections.
Documentation
The Council has before it a summary of discussions of the Forum on Business and Human Rights - Note by the Secretariat (A/HRC/29/29)
The Council has before it the report of the 2015 Social Forum (Geneva, 18–20 February 2015) (A/HRC/29/44)
The Council has before it the report of the open-ended intergovernmental working group on a draft United Nations declaration on the right to peace on its third session (A/HRC/29/45)
Presentation of the Reports of the Social Forum, the Forum on Business and Human Rights, and the Intergovernmental Working Group on the Right to Peace
FAISAL BIN ABDULLAH AL-HENZAB, Chairperson-Rapporteur of the 2015 Social Forum, said that the Social Forum had taken place from 18 to 20 February 2015 and had considered access to medicines in the context of the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, including best practices in this regard. The Forum drew attention to the two billion men, women and children without access to essential medicines and millions more without access to medicines more generally. There was a need to act now because medicines were a matter of life and death, they enhanced the quality of life, and were key to a life with dignity. Medicines must be affordable, acceptable, accessible, of good quality, and made available without discrimination. Health systems must be strengthened and universal health coverage established. States must have sufficient policy space to pursue health objectives and must try to utilize existing resources more effectively, while intellectual property laws needed transformative changes to ensure that the benefits of scientific progress were enjoyed by all people everywhere and without discrimination. Participants called for a new and legally binding treaty on research and development of medicines that would promote innovation and equitable access and said that publicly funded health care systems were the best way to ensure equitable access to health care. The international community must aim for universal access to healthcare in the post-2015 development agenda, which should also include mental health.
KARIM GHEZRAOUI, Chief ad interim of the Special Procedures Branch of the Office of the High Commissioner for Human Rights, presented the report of the third United Nations annual Forum on Business and Human Rights, which was held in Geneva in December 2014. This forum was the largest global gathering for multi-stakeholder dialogue on business and human rights. Around 2,000 participants from some 130 countries took part in a rich programme, including 39 parallel sessions and 20 plenary sessions. The theme was “Advancing business and human rights globally: alignment, adherence and accountability”, and issues discussed included the role of public policies and action plans, progress made by companies, enhancing accountability, and integrating the Guiding Principles in global governance structures. Participants also raised issues relating to specific groups or geographical concerns. Panellists emphasized the importance of cooperation between all relevant stakeholders to move forward on this issue. Some general observations emerged: governments were beginning to examine legislative reforms; remedies remained elusive; the dialogue was becoming more substantive; business representatives were becoming more engaged in discussions; the Working Group’s discussions on a legally binding instrument should not impede efforts to implement the Guiding Principles; and above all a recurrent recommendation was the need to establish a regular and systematic process for measuring and reporting on progress made by States and business enterprises in implementing the Guiding Principles.
CHRISTIAN GUILLERMET, Chairperson-Rapporteur of the Open-ended Intergovernmental Working Group on the Right to Peace, stressed that peace could not be promoted without the respect of all human rights for all. In a context of war, the most fundamental human rights were violated on a daily basis, and in particular the right to life. All stakeholders involved in the work of the Open-ended Working Group had made tremendous efforts to approach positions and had overcome initial polarizations. The Chairperson-Rapporteur’s task had been to listen to the different positions, to understand the difficulties and obstacles and to clarify concepts within the mandate. He believed that the international community was absolutely ripe to advance in the progressive elaboration of the right of peoples to peace through the development of the elements that composed it. Given that there were clear differences of opinion on the issue, it was more useful to focus attention on the main components, which could be found in the operative part of the Council resolutions 14/3 (2010), 17/16 (2011) and 20/15 (2012). The proceedings in the Working Group were guided by the principles of transparency, inclusiveness, consensus, objectivity and realism. A summary of the discussions was included in the report of the Working Group on its third session. It was recommended that a serious assessment should be conducted on whether the international community was in a position to further develop the right to peace in a consensual manner at this point in time. The responsibility to advance or move backwards in the peace agenda was only in the hands of the Member States. States and other stakeholders were invited to propose measures aimed at concluding and finalizing the process in a definite manner. The time for the agreement was now as later it would be more difficult.
General Debate on Human Rights Bodies and Mechanisms
Latvia, speaking on behalf of the European Union, stressed the need to uphold the independence of the High Commissioner for Human Rights and his Office and address the alarming budget situation. There was an urgent need to develop a systematic approach to the issue of reprisals, as the current response in preventing and addressing reprisals and intimidation was inadequate. All States should continue to fully cooperate with the Universal Periodic Review. The European Union noted the crucial role of technical assistance and capacity building in the implementation of received recommendations.
Viet Nam, speaking on behalf of the Association of Southeast Asian Nations, took note of the report of the Open-ended Intergovernmental Working Group on a draft United Nations Declaration on the Right to Peace, and the efforts to conduct informal consultations with Governments, regional groups and relevant stakeholders. The Member States of the Association of Southeast Asian Nations would continue to enhance friendship and cooperation in the furtherance of peace, harmony and stability in the region.
Russia, speaking said on behalf of a like-minded group of countries, highly appreciated the contribution of Special Procedures to the improvement of human rights situations all over the world and said that the Code of Conduct was the basis and the guide for their activities. The like-minded group of countries called for equitable allocation of resources among all mandate holders through an objective, transparent and accountable process and urged mandate holders to focus their research and studies solely on the subjects identified by resolutions establishing their mandates.
Ireland commended the Chair-Rapporteur for ensuring that the Working Group’s considerations were conducted in a transparent manner. Links between peace, development and human rights ought to be further explored. An agreement on the draft resolution was within reach. The development of robust national plans on business and human rights could have a significant impact on human rights. It was disturbing that many human rights defenders dealing with corporate responsibility were facing threats.
China welcomed discussions in the Social Forum on the right to access to health and medicine. China had actively participated in discussions on business and human rights, and was working on elevating social corporate responsibility of its enterprises. The right of people to peace was highly relevant in the current context, and China supported negotiations on the draft text.
Cuba stressed that peace was a fundamental condition for promoting and protecting all human rights for all. States had a duty to resolve international disputes in a peaceful manner, which was a goal Cuba supported. The Social Forum was a mechanism which provided civil society with a platform to express its proposals on important topics on the international agenda. Cuba would submit a draft resolution to convene the 2016 Social Forum on the rights of persons with disabilities.
India said that a leading cause of induced poverty was the skyrocketing cost of medicines. It was stretching the budgets of all Governments and it was thus timely for the Social Forum to allow diverse stakeholders to highlight issues and come up with solutions. The blocking of public access to medicines by agreements such as TRIPS had to be regarded as violations of human rights. As for social justice and equality, it was important to facilitate genuine dialogue and to carry out the Code of Conduct by Special Procedures in full transparency and to allow for the equitable use of resources.
Venezuela welcomed the fact that the Council discussed access to medicines in the context of human rights and the right of every person to enjoy the highest level possible of physical and psychological health. The right to peace was fundamental and Venezuela supported the draft Declaration on the Right to Peace. As for business and human rights, it was necessary to increase the participation of victims, as prevention and participation were fundamental, and establish legally binding transnational rules on multinational corporations.
Bolivia said it fostered the culture of peace and opposed any form of aggression as an instrument to resolve differences among States. Access to medicines was a fundamental issue and a prerequisite to life with dignity. The lack of funding undermined health systems and intellectual property mechanisms were not a way to ensure the universal access to health. Pharmaceutical companies had to meet their human rights and ethical obligations.
Ghana said that the right to peace was an indispensable principle of the United Nations and that reaching consensus on the draft United Nations Declaration would re-establish this commitment. The search for domestic remedies to human rights violations by businesses must be guided by individual and also community concerns. The recommendations in the report of the Social Forum for the introduction of social protection policies and universal health coverage were steps in the right direction.
Egypt said that the draft United Nations Declaration on the Right to Peace was still distant from the core objective to codify an international right to peace. Egypt was concerned about the new trend by some Special Procedure mandate holders to revise and question the outcomes of inter-governmental negotiations, which would negatively affect the future of constructive dialogue with States who solely retained full discretion in the negotiations.
Norway said that the last Forum on Business and Human Rights was the best forum ever, not only because of the increased number of participants, but also because it was more substantive, tackling thorny issues, discussing reforms in company and government practice, and getting to the core of the issues. The potential of the Guiding Principles would not be realized without business enterprises actively engaging in efforts to implement their responsibility to protect human rights.
Tunisia believed that the system of Special Procedures was one of the most effective mechanisms of the Human Rights Council in assisting Member States in making sustained efforts in promoting and protecting human rights. Tunisia noted that major challenges faced by the Special Procedures system included lack of financing and absence of cooperation by certain Member States.
Iran stated that all business enterprises had a responsibility to respect human rights. Iran believed that the endorsement of the Guiding Principles had provoked a step up of the businesses’ approach to human rights, which required clear policy commitment and could be fulfilled through strong international will. Rights to peace and the realization of peace were fundamental for economic and social progress.
Colombia reiterated that the right to peace was a constitutional right in Colombia and thus had a legal primacy over other rights in the country. Colombia realized that only contexts of peace and reconciliation provided for the full enjoyment of human rights. Access to cost-effective medicine was vital for fulfilling the right to health. When essential medicine ran out, this had negative results on various aspects, including child mortality.
Austria focused on the issue of corruption on the enjoyment of human rights, noting that it was an enormous obstacle to the enjoyment of all human rights. Austria thus welcomed the integration of the human rights perspective in corruption prevention policies. The International Anti-Corruption Academy in Austria was a new stakeholder in the combat against corruption, and Austria welcomed the Council’s continuous engagement in that topic.
Ecuador reiterated the importance of maintaining joint efforts by all States to protect human rights in the context of business activities. It attached great importance to enterprises and human rights and thus attempted to foster international dialogue on the subject. It was committed to drawing up an internationally binding instrument on human rights obligations of corporations.
Centre for Global Nonkilling said that the right to peace was essential in preventing killings and the enjoyment of human rights. All individuals were entitled to a world order where the right to peace was fully recognized and their rights guaranteed. However, the right to peace would not forbid the legitimate use of force. The Centre encouraged States to grant peace to their peoples, and open ministries for peace.
International Association of Democratic Lawyers expressed its disappointment at the negotiations on the right to peace and said that too much was being sacrificed for the consensus. The reality for immense numbers of people meant war, exclusion, marginalization, and poverty. Some delegations were trying to introduce innovative ideas which had been rejected because those had not contained agreed language.
Al-Salam Foundation was concerned about the growing number of human rights violations documented in Bahrain and its lack of cooperation with United Nations human rights mechanisms in this regard. Threats of reprisals made and carried out by Bahrain were a sign of neglect of this Council in its engagement with civil society.
Centre for Human Rights and Peace Advocacy drew the attention of the Council to the situation of Sikhs in India who had suffered genocides and massacres; there had been no move to prosecute the political leaders involved in instigating the violence against the Sikhs and minorities. India should bring the perpetrators of Sikh genocides to justice and stop violence against minorities in India.
World Muslim Congress said that Special Procedures constituted one of the most important mechanisms of the Human Rights Council, and States were encouraged to fully cooperate with them. India had not yet responded to the requests by the Special Rapporteurs on torture and enforced disappearances. There had been an increase in the number of attacks against human rights defenders in India.
Liberation noted that India had suffered three major spates of communal violence in recent history, in which thousands of people had been killed. In all cases, accountability had proved elusive. Indian authorities had too often failed to properly investigate and prosecute suspects. The pattern of impunity continued to the present day.
World Barua Organization said that fears about religious freedom in India had heightened since Prime Minister Modi had swept to power. The authorities were not taking religious attacks seriously. Religious conversions had always been a hot button issue for Hindu nationalists, and Christians were particularly vulnerable.
American Association of Jurists noted that providing access to medicines was the fundamental obligation of States, and it was a matter of life or death. In developing countries ill health was both the cause and consequence of poverty. Austerity measures that limited the resources for health services undermined the right to health. States should foster innovation in the treatment of diseases, and TRIPS agreements should be eliminated. Assistance to the least developing countries to that end should be provided.
Mbororo Social and Cultural Development Association noted that discrimination based on race, colour or ethnicity was an offence to human dignity. Discrimination against the people of north-east India was often in practice due to their resemblance to Chinese people. The Association urged the Council to call on India to stop communal violence against north-easterners.
Conectas Direitos Humanos invited the Council to reflect on the elections for the vacant positions in the Working Group on Business and Human Rights, noting that during the appointment process civil society organizations submitted a questionnaire to the three final candidates. Only one of them replied to all the questions, while others did not address them. It urged the Council to take into account civil society’s suggestions in the next appointments.
Verein Sudwind Entwicklungspolitik regretted that Iran had not responded to urgent appeals by the Special Rapporteurs, also in connection to a death sentence of a 30 years old photographer for insulting the Prophet in social media. The response of Iran was still awaited on a joint urgent appeal by the Special Rapporteurs on arbitrary detention, discrimination against women, freedom of peaceful assembly, human rights defenders, independence of judges and lawyers, and violence against women.
International Service for Human Rights said that the latest report of the Special Rapporteur provided a sad picture of the situation of human rights defenders in a number of countries, including in Malaysia, Bahrain and Iran. 36 States had not responded to communications, and 10 of those were members of this Council.
Pasumai Thaayagam Foundation said that almost 30 years had passed since the General Assembly resolution 39/11 on the right to peace, and still crimes against humanity and crimes of genocide were not being challenged in many instances. The international community was not adequately challenging crimes by ISIS. Selectivity in invoking the “responsibility to protect” was also a matter of concern.
Africa Culture Internationale believed that human development should be a priority for all persons subject to law. The right to development was very important, but was difficult to take on board by those struggling to provide basic necessities. Motivating African youth to engage in agriculture would provide a new dynamic which would support development.
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For use of the information media; not an official record
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