人权理事会讨论各国议会为理事会和普遍定期审议所作的贡献（部分翻译）

人权理事会
下午

2016年6月22日

人权理事会今天下午举行了一场小组讨论，审议各国议会为人权理事会工作与普遍定期审议所作的贡献，并明确进一步加强这些贡献的方式。
 
人权事务高级专员办事处人权理事会和条约机制司司长亚当•阿德尔姆拉（Adam Abdelmula）提出，对议会在促进和保护人权中的重要性有了越来越深的认识，尤其是其将国际规范和标准转化为国内法和对普遍定期审议建议的落实。然而，最早的两轮普遍定期审议未能确保议会的系统性参与，希望这次讨论能让议会更多地参与促进和保护人权。
 
各国议会联盟秘书长马丁•纯贡（Martin Chungong）表示，各国议会联盟包含不同的议会和议会系统，能为国际治理（包括人权领域）带来更多合法性。联盟于2016年9月举行的下一次大会将考虑议会如何解决严重侵犯人权行为并阻止其发展为暴力冲突。他指出，在准备国家普遍定期审议报告的过程中商议了增加议会数量的问题，更重要的是，议会开始对审议结果以及它们如何在确保国家进行落实中发挥决定性作用颇感兴趣。
 
小组讨论由马尔代夫常驻联合国办事处代表哈拉•哈米德（Hala Hameed）主持，小组成员包括厄瓜多尔国民大会成员和民族和人民权利议会小组主席亚历桑德拉•欧勒斯•帕迪利亚（Alexandra Ocles Padilla）；摩洛哥参议院主席和教育和职业培训高级委员会成员哈基姆•本希马（Hakim Benchamach）；菲律宾众议院高级少数党副领袖内里•科梅纳雷斯（Neri J. Colmenares）；各国议会联盟方案司司长凯伦•贾布里（Kareen Jabre）；以及英国议会人权联合委员会法律顾问兼牛津大学人权法访问教授默里•亨特（Murray Hunt）。
 
主持人哈米德女士表示，促进和保护人权的唯一方式就是努力应用一系列确保每个男人、女人和儿童真正获取正义的国际规范。
 
欧勒斯女士表示，值得询问的是议会在促进和保护人权中应该发挥的作用，并指出它们在人权领域的建议和承诺方面的参与，如调整立法和批准条约。人权建议的落实旨在改善实地的人权状况。
 
本希马先生表示，摩洛哥议会的议事规则规定其成员在通过任何人权法律前有义务商议人权理事会以及民间社会的工作。2013年，议会与理事会签署了谅解备忘录，以确保人权政策基于国际人权法。
 
科梅纳雷斯先生谈到了关于“将国际人权承诺转化为国家现实：议会对联合国人权理事会工作的贡献”的亚太研讨会。与会者呼吁对议会成员进行更多能力建设，让他们更多地参与到普遍定期审议报告和建议的跟进工作中来。
 
贾布里女士提到了各国议会联盟和消除对妇女歧视委员会之间的战略合作伙伴关系，该关系依靠议会批准《公约》和取消保留、通过立法使国家立法框架与《公约》一致和分配落实这些法律的预算等关键作用。
 
亨特先生表示，议会能够发挥新的作用，作为改变国际人权机制的伙伴，他提出了引起此方面阶跃性改变的一些提议。他强调，每个议会都应拥有引领人权问题的委员会，使国家人权机构可以在人权主流化的过程中作出重要贡献。
 
在随后的讨论中，发言者对于上周英国议员乔•考克斯（Jo Cox）被谋杀的事件表示惊恐和谴责。他们承认议会在促进和尊重人权方面发挥着重要作用，而且可以通过立法和监督功能将人权标准转化为实际行动。必须允许议会的工作不受恐吓，充分尊重法治，可以制定有利于政体的优良法律；他们必须足够广泛和具备代表性，以保卫人民的权利免受专制政府的暴行。发言者强调普遍定期审议的成功依靠政府、议会、国家人权机构和民间社会组织间建立的协同关系，并鼓励加强各国议会联盟的能力，着眼于加强其与联合国人权机制合作的目的。
 
欧盟、代表非洲集团的南非、代表一系列国家的西班牙、代表伊斯兰合作组织的巴基斯坦、澳大利亚、代表加拿大和新西兰的澳大利亚、巴拉圭、格鲁吉亚、尼日利亚、埃及、塞拉利昂、印度、斯洛文尼亚、巴基斯坦、南非、突尼斯、纳米比亚、南韩、苏丹、利比亚、中国、马尔代夫、阿尔及利亚、意大利和伊朗做了发言。
 
以下非政府组织也做了发言：阿拉伯人权委员会（Arab Commission for Human Rights）、非洲维护人权会议（Rencontre Africaine pour la Défense des Droits de l'Homme）、韩国促进联合国人权政策中心（Korea Centre for United Nations Human Rights Policy）、非洲空间国际（Espace Afrique International）、南风发展政策协会（Verein Sudwind Entwicklungspolitik）以及希亚姆康复中心（Khiam Rehabilitation Centre）。
 
人权理事会将于6月23日（周四）上午9点举行下一次会议，通过纳米比亚、尼日尔和莫桑比克的普遍定期审议结果，随后继续有关需要理事会关注的人权状况的一般性辩论。

Statements by the Moderator and the Panellists

HALA HAMEED, Permanent Representative of Maldives and moderator of the panel, said that in the formulation of national legislation, it was often the letter of the law that was protected. The only way to promote and protect human rights was to strive to apply an international set of norms that ensured true justice for every man, woman, and child. She then gave the floor to the first panel member to speak.

ALEXANDRA OCLES PADILLA, Member of the National Assembly of Ecuador and President of the Parliamentary Group for the Rights of Peoples and Nationalities, said the international community had a number of challenges at all levels in terms of the promotion and protection of human rights. There was a broad range of actors and sectors involved in the legislative process. It was worth asking what the role of parliaments should be in the promotion and protection of human rights. Parliaments carried out recommendations and commitments under the sphere of human rights, such as adapting legislation and ratifying treaties. The implementation of human rights recommendations was aimed at improving the situation of human rights in the field. The Sustainable Development Goals needed to locate human rights as a point of departure and goal. She gave details of the work and workings of the Ecuadorian Parliament, noting that the country had a young constitution approved just eight years ago.

HAKIM BENCHAMACH, President of the Chambre des Conseillers of Morocco and Member of the Superior Council of Education and Vocational Training, spoke of human rights violations he had faced, including arbitrary detention and torture, to underline that he knew about human rights issues. Morocco had made peace with its own history, he said, and had taken measures to avoid any repetition. Morocco was making progress with regard to democratization, and to bringing its legislation in line with international conventions. Morocco’s Constitution stipulated the underlying principles of human rights. Morocco’s parliamentary chambers had rules of procedure that stipulated that its members were obliged to consult the Human Rights Council’s work, as well as the work by civil society, prior to the adoption of any human rights legislation. The Parliament had also built upon recommendations by the Office of the High Commissioner for Human Rights, treaty bodies, as well as Morocco’s national human rights institution. In December 2013, the Parliament had signed a memorandum of understanding with the Council, in order to ensure that human rights policies were based on international human rights law. He appealed for an institutionalization of the participation of national parliaments into the United Nations human rights machinery. The Belgrade Principles on the Relationship between National Human Rights Institutions and Parliaments had to be guaranteed, and there should be a methodological framework for the drafting of policies by national parliaments. Social justice had to be an agenda item of the Human Rights Council, he concluded.

NERI J. COLMENARES, Senior Deputy Minority Leader in the Philippines House of Representatives, presented the outcome of the Asia-Pacific seminar on “Translating International Human Rights Commitments into National Realities: the Contribution of Parliaments to the Work of the United Nations Human Rights Council”. Concerns were raised during the seminar on the issue of migrants’ rights, on environmental rights, on armed conflicts, on recurrent terrorism, on unequal development within States, on inequality between men and women, on violence against women and on minority and indigenous issues. The seminar called for more capacity building for members of parliaments; for more awareness-raising for parliamentarians; for the involvement of parliament in the presentation of Universal Periodic Review reports and in the follow-up of recommendations; for the creation of a permanent joint Government committee in relation to the protection of human rights; and for human rights to be systematically considered in the elaboration of national legislations. It also called for the protection of the rights of parliamentarians, for the inclusion of civil society organizations in the elaboration of public policies, for the establishment of parliamentary committees for monitoring the implementation of international human rights treaties, and for the inclusion of women and minorities in parliaments.

HALA HAMEED, Permanent Representative of Maldives to the United Nations Office, and panel moderator, asked Ms. Jabre to share the success of the cooperation between the Inter-Parliamentary Union and the Committee on the Elimination of Discrimination against Women in the implementation of the Committee’s concluding observations.

KAREEN JABRE, Director of the Division of Programmes at the Inter-Parliamentary Union, said that gender equality was a precondition to democracy, not only in terms of participation in the parliaments but also in parliaments delivering on gender equality. That was why the Inter-Parliamentary Union had developed a strategic partnership with the Committee on the Elimination of Discrimination against Women, in order to enhance parliaments’ involvement with this Committee and the engagement of the Committee with parliaments. There were many reasons to explain the involvement of parliaments, mainly because they played a key role in the ratification of the Convention and the removal of reservations, in proposing and passing the legislation to align the national legal framework with the Convention, and in allocating budgets for the implementation of those laws. The exposure of members of parliaments to the Committee’s review process had borne fruit in several areas: in Maldives, the drafting and the adoption of specific laws on domestic violence and sexual harassment, adoption of the bill to combat violence against women in Burkina Faso, adoption of the first strategic national plan in Mauritania with a focus on violence against women, or aligning the gender equality legislation with the Convention in Turkey.

MURRAY HUNT, Legal Adviser to the Joint Committee on Human Rights of the United Kingdom Parliament and Visiting Professor in Human Rights Law at the University of Oxford, said that he spoke in his capacity as legal adviser to the United Kingdom Parliament and also as a researcher on parliaments, the rule of law and human rights. That work lay in surveying how parliaments already had a role in human rights and the rule of law. Across the world there was a global phenomenon on consensus that the promotion and protection of human rights could not be left solely to courts. Parliaments could prevent human rights violations from arising in the first place. The world was entering a new age of subsidiarity where there was renewed emphasis on the role of parliaments as partners for change for the international human rights machinery. A lot of good work was being done by the Inter-Parliamentary Union to identify best practices. He said he wanted to focus on the future and the practical question on how the international community could bring about “step change” by increasing its involvement in the human rights work of the United Nations. He then listed four proposals, including the suggestion that every parliament should have a committee which led on human rights. Mainstreaming human rights was also important, and national human rights institutions could make important contributions. He posed the question on whether there was a case for making a mandate for a Special Rapporteur on finding new ways of mainstreaming international human rights standards.

Discussion

European Union underlined the importance of implementation, which was a task for States and required efforts by Governments and support by parliaments. Parliaments therefore had to be allowed to work without intimidation and in full respect of the rule of law. South Africa, speaking on behalf of the African Group, stressed that the Universal Periodic Review’s success relied on the synergies it created between governments, parliaments, national human rights institutions and civil society organizations. Spain, speaking on behalf of a group of countries, encouraged the strengthening of the Inter-Parliamentary Union, with a view to advance its cooperation with the United Nations human rights mechanisms, and asked how to enhance such cooperation in the future. Pakistan, speaking on behalf of the Organization of Islamic Cooperation, said that parliamentarians could play an important role in the implementation of Universal Periodic Review recommendations in accordance with national legislation, and asked what next steps the panellists considered necessary for strengthening the cooperation between parliaments and the Council. Australia, speaking also on behalf of Canada and New Zealand, highlighted some good practices of the participation of parliaments in national efforts for the implementation and follow-up of Universal Periodic Review recommendations. Paraguay condemned the recent murder of British Parliamentarian Jo Cox. It presented national mechanisms relating to the implementation of Universal Periodic Review and treaty body recommendations, with the involvement of the Paraguayan Government.

Georgia fully acknowledged that parliaments played a crucial role in promoting and respecting human rights, and noted its full commitment to the Universal Periodic Review mechanism as a unique instrument for the promotion and protection of human rights. Nigeria said that a parliament needed to make good laws for the good of the polity and had to be broad and representative enough to defend people’s rights against the excesses of autocratic governments. Egypt said parliamentarians had the capacity to translate human rights standards into realities through their functions to both legislate and conduct oversight, encouraging more cooperation between the Office of the High Commissioner of Human Rights and the Inter-Parliamentary Union. Sierra Leone thanked the panellists for their insightful presentations and asked the Inter-Parliamentary Union what more they could do with regard to the promotion and protection of human rights through facilitating the participation of parliamentarians in Universal Periodic Review sessions. India welcomed the Inter-Parliamentary Union’s more targeted and region-specific approach of holding human rights seminars for African, European, Latin American and Asia-Pacific parliaments since 2014. Slovenia asked for the panellists’ views on the importance of sharing information between governments and parliaments early in the Universal Periodic Review process, and which merits they saw in informing national parliaments about national activities in the Universal Periodic Review process besides the national reporting.

Arab Commission for Human Rights recommended that Parliaments be more involved in all different stages of the Universal Periodic Review process. Rencontre Africaine pour la défense des droits de l’homme said parliaments were indispensable for achieving the goal of establishing the rule of law and democracy. The Council was encouraged to draw from the good practice of parliamentary participation at the World Trade Organization. Korea Centre for United Nations Human Rights Policy said the National Assembly in the Republic of Korea had not made any systematic efforts to independently monitor the executive branch, and participate in decisions to accept or reject recommendations.

Remarks by Panellists

HALA HAMEED, Permanent Representative of Maldives to the United Nations Office, and panel moderator, thanked the panellists for their remarks, including on the important role of allocating sufficient resources for human rights legislation and that it was important to strengthen the role of parliaments in young democracies, on the crucial role in aligning national legislation with international norms and standards, and others. Ms. Hameed asked about the balance between national sovereignty and international human rights.

MURRAY HUNT, Legal Adviser to the Joint Committee on Human Rights of the United Kingdom Parliament and Visiting Professor in Human Rights Law at the University of Oxford, said that the focus was on what States should do and moving the emphasis on what parliaments should do; this would remove the concerns about the interference of international bodies in national affairs. Parliaments should consider having some principles and guidelines in this regard, including on follow up to recommendations by various human rights bodies. Mr. Hunt agreed on the importance of national human rights institutions and the Belgrade Principles on the relationship between national human rights institutions and parliaments, and highlighted some examples of cooperation with the Committee on the Rights of the Child.

HALA HAMEED, Permanent Representative of Maldives to the United Nations Office, and panel moderator, asked how parliaments could extend their role on aligning domestic legislation with international law.

HAKIM BENCHAMACH, President of the Chambre des Conseillers of Morocco and Member of the Superior Council of Education and Vocational Training, agreed that all parliaments had an obligations to ensure the promotion and protection of human rights, and while their greater involvement in international efforts such as in the Universal Periodic Review mechanism was historic, it would take time. All United Nations bodies had a great responsibility because it was incumbent on them to bring pressure to remove obstacles to the functioning of national parliaments. There must be national ownership of the Universal Periodic Review by parliaments. It was urgent for the Council to assess the number of countries which implemented the Belgrade Principles, the Council should also develop a framework to support legislative activities of parliaments, while parliaments should present parallel reports to human rights bodies and the Universal Periodic Review.

ALEXANDRA OCLES PADILLA, Member of the National Assembly of Ecuador and President of the Parliamentary Group for the Rights of Peoples and Nationalities, stressed the importance of awareness-raising and continuous training for parliamentarians. Ecuador had a number of parliamentary groups on women, girls and indigenous peoples, which helped ensure follow-up on various issues. An information technology platform had been set up to support human rights; that had allowed for a clear follow-up on the implementation of human rights-related laws and the application of relevant national instruments.

NERI J. COLMENARES, Senior Deputy Minority Leader, Philippines House of Representatives, said that each parliament dealt with its own specific country situation. Providing fora for parliamentarians to share their best practices was important. There had been many proposals on a special rapporteur or key parliamentarians to be involved in the Council’s activities. Monitoring by parliaments through congressional inquiries was very important as access to courts was not always easy. Capacity building and institutionalization of human rights principles was consequential for securing parliaments’ engagement in the area of human rights.

KAREEN JABRE, Director of the Division of Programmes at the Inter-Parliamentary Union, believed that there were many opportunities for parliaments to engage with treaty bodies, but the space ought to be opened for that to happen. To continue debates as the one today, on a systematic basis, was something worth pursuing. Messages spread out today should be taken back home by delegations, and it should be done on a regular basis, so that they were heard. Parliaments too needed to apply the systematic approach towards human rights. The Inter-Parliamentary Union, together with the Graduate Institute of Geneva, had started research into related issues.

Discussion

Pakistan asked what role governments and national human rights institutions could play in improving the contribution of parliaments to the work of the Council and of human rights mechanisms. South Africa was encouraged by the positive role of the Inter-Parliamentary Union in cooperation with the Human Rights Council and said that parliaments had a central role in identifying human rights violations. Tunisia encouraged cooperation with parliamentarians, who were representatives of their people and deserved to be heard, so the Council needed to put in place a framework for them to do so. Namibia took note of the important role of parliaments in allocating budgets for the implementation of human rights legislation and said that the Universal Periodic Review was one of the most successful mechanisms of the Council though which States were implementing the recommendations they accepted. Republic of Korea stressed the importance of the involvement of parliaments in human rights and urged the Council to find ways to engage more with national parliaments. The Republic of Korea gave an example of the role of its parliament in the implementation of the Universal Periodic Review recommendation on human trafficking, which had led to the ratification of the Palermo Protocol. Parliaments fulfilled many tasks, said Sudan, and highlighted the role of Sudan’s Parliament in promoting national legislative reforms by working with national institutions in the implementation of the accepted Universal Periodic Review recommendations.

Libya said technical assistance for parliaments of countries in transition was of critical importance. In order to achieve progress in Libya, the process needed to be further enhanced between parliament and the Government. China said it promoted and protected the human rights of its citizens. The National People’s Congress strictly followed the principles of the State protecting human rights. Maldives said that it was important to appreciate the crucial role that national parliaments played. The platform provided by the Universal Periodic Review needed to be upheld. Human rights could only thrive where international standards were upheld.
Algeria stated that in Algeria, human rights were reflected in a report published by the two chambers of Parliament, which were indirectly involved in its drafting, through a national consultative committee. Italy said that recommendations coming from the Universal Periodic Review were important tools to foster national compliance with international human rights obligations. In Italy, parliamentary committees with a specific human rights mandate monitored the respect for human rights and gathered relevant information. Iran said parliaments were among the key institutions of governance and in the context of the role of parliaments, a legislative framework was needed for implementing the Universal Periodic Review at the national level.

Espace Afrique Internationale welcomed the debate on the contributions of parliaments to the work of the Council. Recommendations and resolutions adopted in the Council were not enough unless there was a real link with national parliaments. Verein Sudwind Entwicklungspolitik said Iran’s Islamic penal code had not changed at all after two cycles of the Universal Periodic Review process. A bill presented by 23 parliamentarians to stop executions for drug-related crimes had encountered immense objections. Khiam Rehabilitation Centre for Victims of Torture said that parliamentarians had to be able to exercise their rights to choose their religion, and express their opinions without limitation. In Bahrain, 20 parliamentarians had resigned after being falsely accused.


Concluding Remarks

ALEXANDRA OCLES PADILLA, Member of the National Assembly of Ecuador and President of the Parliamentary group for the rights of peoples and nationalities, stressed the importance of parliaments in the legislation and in mainstreaming human rights. Parliaments should strengthen their capacities in international affairs, and for this they needed additional resources and expertise. It was crucial that laws were in line with the constitution of the country, but also with international standards.

HAKIM BENCHAMACH, President of the Chambre des Conseillers of Morocco and Member of the Superior Council of Education and Vocational Training, said that Morocco’s Parliament was in the process of approving the draft law on human trafficking, which was particularly important given Morocco’s position in the region. Upon his return to Morocco, he would request the national human rights institution to provide an opinion on the compatibility of the bill with international norms and standards in this regard. This was one of the examples of the implementation of the Belgrade Principles.

NERI J. COLMENARES, Senior Deputy Minority Leader, Philippines House of Representatives, said parliamentarians needed to be supported in asserting their independence from the executive. There also had to be a role on the part of the public and human rights advocates toward enhancing human rights performance on the part of the legislative. There was a disconnect between human rights commitments and the legislature itself. If parliamentarians were threatened by the executive and their security was threatened, no matter how much awareness raising was done, the situation would be difficult. While the responsibility for enhancing parliamentarians’ role specifically involved members of parliament, they needed the support of human rights institutions and the people they represented.

KAREEN JABRE, Director of the Division of Programmes at the Inter-Parliamentary Union, said that the effectiveness of the Universal Periodic Review mechanism and the advancement of human rights generally depended on building an inclusive process. The inclusive process needed to be strengthened at the national level.

MURRAY HUNT, Legal Adviser to the Joint Committee on Human Rights of the United Kingdom Parliament and Visiting Professor in Human Rights Law at the University of Oxford, underlined the importance of proactivity. All institutions needed to be more proactive to find ways of making parliamentarians more involved in human rights. He gave an example from the United Kingdom.

HALA HAMEED, Permanent Representative of Maldives to the United Nations Office, and panel moderator, thanked all for sharing best practices and comments. The effective functioning of government institutions was key. She encouraged all delegations to continue the dialogue both within and without the Council.

CHOI KYONG-LIM, President of the Human Rights Council, thanked all the panellists and the moderator and closed the meeting.

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