Human Rights Council Adopts 21 Texts and Rejects One Draft Decision, Extends Mandates on Older Persons, Right to Development, Arbitrary Detention, Mercenaries, Slavery, Indigenous Peoples, Safe Drinking Water and Sanitation

The Human Rights Council today adopted one President’s statement, one decision and 19 resolutions, and rejected one draft decision, extending mandates on older persons, the right to development, arbitrary detention, mercenaries, slavery, indigenous peoples, and safe drinking water and sanitation.

The Council adopted texts on the reports of the Advisory Committee, appropriate support for the Human Rights Council, the promotion of reconciliation, accountability and human rights in Sri Lanka, World Programme for Human Rights Education, neurotechnology and human rights, good governance, conscientious objection to military service, safety of journalists, countering cyberbullying, protection of a democratic and equitable international order, local government and human rights, the role of prevention in the promotion and protection of human rights: rule of law and accountability, youth and human rights, and on human rights and indigenous peoples.

The Council rejected a draft decision entitled debate on the situation of human rights in the Xinjiang Uyghur Autonomous Region, China by a vote of 17 in favour, 19 against and 11 abstentions.

The Council decided to extend for three years the mandates of the Independent Expert on the enjoyment of all human rights by older persons; the Special Rapporteur on the right to development; the Working Group on Arbitrary Detention; the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination; the Special Rapporteur on contemporary forms of slavery, including its causes and consequences; the Special Rapporteur on the rights of Indigenous Peoples; and the Special Rapporteur on the human rights to safe drinking water and sanitation.

Concerning the promotion of reconciliation, accountability and human rights in Sri Lanka, adopted by a vote of 20 in favour, 7 against and 20 abstentions, the Council decided to extend and reinforce the capacity of the Office of the High Commissioner to collect, consolidate, analyse and preserve information and evidence and to develop possible strategies for future accountability processes for gross violations of human rights or serious violations of international humanitarian law in Sri Lanka, to advocate for victims and survivors, and to support relevant judicial and other proceedings, including in Member States, with competent jurisdiction.

The Council took note of the reports of the Advisory Committee on its twenty-seventh and twenty-eighth sessions.  It agreed to request the Secretary-General to provide the Human Rights Council with the support necessary to be able to meet not less than 14 weeks to fulfil its annual programme of work.  The Council decided to extend the World Programme for Human Rights Education beyond 2024 through the fifth phase of the World Programme.  It requested the Advisory Committee to prepare a study on the impact, opportunities and challenges of neurotechnology with regard to the promotion and protection of all human rights.  The Council requested the High Commissioner to organise a full-day panel discussion with relevant stakeholders on good governance in the promotion and protection of human rights.  It also requested the Office of the High Commissioner to organise a half-day intersessional workshop on good practices and recent developments in the implementation of the right to conscientious objection to military service in law and in practice. 

The Council requested the Chair-Rapporteur of the Working Group on the Right to Development to submit a second revised draft convention to the Working Group at its twenty-fourth session for intergovernmental negotiation and, following that process, to submit the final draft text of the convention on the right to development to the Human Rights Council.  It requested the High Commissioner to organise a one-day expert seminar on legal and economic threats to the safety of journalists.  Concerning countering cyberbullying, the Council decided to convene a panel discussion on cyberbullying against children.  It invited the Independent Expert on the promotion of a democratic and equitable international order to study and compile good practices and experiences in the field of South-South, North-South and triangular cooperation. 

The Council requested the Office of the High Commissioner to convene a one-day expert meeting on enhancing capacity-building for local governments to incorporate human rights into all their work.  It requested Office of the High Commissioner to prepare a study on the role of the rule of law and accountability on the national and international levels in the prevention of human rights violations and abuses.  The Council decided to incorporate into its programme of work a biennial panel discussion on youth and human rights.  It also decided that the theme of the annual half-day panel discussion on the rights of Indigenous Peoples, to be held during the fifty-fourth session of the Human Rights Council, will be the impact of certain development projects on the rights of Indigenous Peoples, in particular the impact on indigenous women. 

The webcast of the Human Rights Council meetings can be found here.  All meeting summaries can be found here.  Documents and reports related to the Human Rights Council’s fifty-first regular session can be found here.

The Council will next meet at 9 a.m. on Friday, 7 October to continue to take action on draft resolutions and decisions before closing its fifty-first session.

Action on Texts under Agenda Item One on Organizational and Procedural Matters

In a President’s statement (A/HRC/51/L.26) on reports of the Advisory Committee, adopted without a vote, the Council, recalling its resolutions 5/1 of 18 June 2007 and 16/21 of 25 March 2011, in particular section III of the annexes thereto, including on the functions of the Advisory Committee, takes note of the reports of the Advisory Committee on its twenty-seventh and twenty-eighth sessions, and notes that the Advisory Committee has made four research proposals.

In a decision submitted by the President (A/HRC/51/L.37) on appropriate support for the Human Rights Council, adopted without a vote, the Council requests the Secretary-General to provide the Human Rights Council with the support necessary to be able to meet no less than 14 weeks to fulfil its annual programme of work; the Council further decides to continue to make every effort to organise its work in the most efficient manner.

Action on Resolutions under Agenda Item Two on the Annual Report of the United Nations High Commissioner for Human Rights and Reports of the Office of the High Commissioner and the Secretary-General

In a resolution (A/HRC/51/L.1/Rev.1) on promoting reconciliation, accountability and human rights in Sri Lanka, adopted by a vote of 20 in favour, 7 against and 20 abstentions, the Council recognises the importance of preserving and analysing evidence relating to violations and abuses of human rights and related crimes in Sri Lanka with a view to advancing accountability, and decides to extend and reinforce the capacity of the Office of the High Commissioner to collect, consolidate, analyse and preserve information and evidence and to develop possible strategies for future accountability processes for gross violations of human rights or serious violations of international humanitarian law in Sri Lanka, to advocate for victims and survivors, and to support relevant judicial and other proceedings, including in Member States, with competent jurisdiction; urges the Government of Sri Lanka to foster freedom of religion or belief and pluralism; urges the Government to address the marginalisation of and discrimination against persons from the Muslim community, ensure the prompt, thorough and impartial investigation of all alleged crimes relating to human rights violations, and to address the ongoing economic crisis; encourages the Office of the High Commissioner and relevant special procedure mandate holders to provide advice and technical assistance on implementing the above-mentioned steps; requests it to enhance its monitoring and reporting on the situation of human rights in Sri Lanka, including on progress in reconciliation and accountability, and on the impact of the economic crisis and corruption on human rights; and requests the Office of the High Commissioner to present an oral update to the Council at its fifty-third and fifty-fifth sessions, a written update at its fifty-fourth session and a comprehensive report that includes further options for advancing accountability at its fifty-seventh session, to be discussed in an interactive dialogue.

The results of the vote were as follows:

In favour (20): Argentina, Armenia, Czechia, Finland, France, Germany, Honduras, Lithuania, Luxembourg, Malawi, Marshall Islands, Mexico, Montenegro, Netherlands, Paraguay, Poland, Republic of Korea, Ukraine, United Kingdom and United States.

Against (7): Bolivia, China, Cuba, Eritrea, Pakistan, Uzbekistan and Venezuela.

Abstentions (20): Benin, Brazil, Cameroon, Cote d’Ivoire, Gabon, Gambia, India, Indonesia, Japan, Kazakhstan, Libya, Malaysia, Mauritania, Namibia, Nepal, Qatar, Senegal, Somalia, Sudan and United Arab Emirates.

The Council rejected a draft decision (A/HRC/51/L.6) on debate on the situation of human rights in the Xinjiang Uyghur Autonomous Region, China, by a vote of 17 in favour, 19 against and 11 abstentions.

The results of the vote were as follows:

In favour (17): Czechia, Finland, France, Germany, Honduras, Japan, Lithuania, Luxemburg, Marshall Islands, Montenegro, Netherlands, Paraguay, Poland, Republic of Korea, Somalia, United Kingdom and United States.

Against (19): Bolivia, Cameroon, China, Cote d’Ivoire, Cuba, Eritrea, Gabon, Indonesia, Kazakhstan, Mauritania, Namibia, Nepal, Pakistan, Qatar, Senegal, Sudan, United Arab Emirates, Uzbekistan and Venezuela.

Abstentions (11): Argentina, Armenia, Benin, Brazil, Gambia, India, Lybia, Malawi, Malaysia, Mexico and Ukraine.

Action on Resolutions under Agenda Item Three 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/51/L.2) on the World Programme for Human Rights Education, adopted without a vote (as orally revised), the Council decides to extend the World Programme for Human Rights Education beyond 2024 through the fifth phase of the World Programme; appeals to relevant entities to provide technical support to countries willing to implement nationally plans of action related to the World Programme on Human Rights Education and to build their capacity for human rights education and training; and requests the Office of the High Commissioner to seek the views of States, relevant intergovernmental organizations, the special procedures of the Human Rights Council, national human rights institutions, civil society and other relevant stakeholders on target sectors, focus areas or thematic human rights issues for the fifth phase of the World Programme, and to submit a report thereon to the Council at its fifty-fourth session. 

In a resolution (A/HRC/51/L.3) on Neurotechnology and human rights, adopted without a vote, the Council requests its Advisory Committee to prepare a study in an accessible format, including easy-to read version, on the impact, opportunities and challenges of neurotechnology with regard to the promotion and protection of all human rights, and to present the study to the Council at its fifty-seventh session.  

In a resolution (A/HRC/51/L.4) on the human rights of older persons, adopted without a vote, the Council decides to extend the mandate of the Independent Expert on the enjoyment of all human rights by older persons for a period of three years according to the terms set out in its resolution 33/5; requests the Independent Expert to report regularly to the Council and the General Assembly; requests the Independent Expert to work in close coordination with the Open-ended Working Group on Ageing, including by participating in its annual session; requests the Secretary-General to ensure that the reports of the Independent Expert are brought to the attention of the Open-ended Working Group on Ageing; and requests the Secretary-General and the High Commissioner for Human Rights to provide the Independent Expert with all resources necessary for the effective fulfilment of the mandate.

In a resolution (A/HRC/51/L.7) on the role of good governance in the promotion and protection of human rights, adopted without a vote, the Council urges States to ensure the right of every person to have access, on equal terms, to public services using new communications technology; to progressively take steps to expand Internet access, and to maintain and enhance efforts to promote access to diverse and reliable information on the Internet; requests the High Commissioner to organise, before the fifty-fourth session of the Council, a full-day panel discussion in a hybrid, accessible format with relevant stakeholders on good governance in the promotion and protection of human rights, addressing the human rights impact of the various digital divides; and to prepare a report on the panel discussion, make it available in an accessible format, and present it to the Council at its fifty-fifth session.

In a resolution (A/HRC/51/L.8) on conscientious objection to military service, adopted without a vote (as orally revised), the Council requests the Office of the High Commissioner to organise a half-day intersessional workshop, in a hybrid, accessible format on good practices and recent developments in the implementation of the right to conscientious objection to military service in law and in practice, to inform the preparation of a report with recommendations on legal and policy frameworks to uphold human rights in the context of conscientious objection to military service, and to present the report in an accessible and readable format to the Council at its fifty-sixth session.

In a resolution (A/HRC/51/L.9) on the right to development, adopted by a vote of 29 in favour, 13 against and 5 abstentions, the Council requests the Chair-Rapporteur of the Working Group on the Right to Development to submit a second revised draft convention to the Working Group at its twenty-fourth session for intergovernmental negotiation and, following that process, to submit the final draft text of the convention on the right to development to the Human Rights Council; decides to extend the mandate of the Special Rapporteur on the right to development, for a period of three years, in accordance with the terms set out by the Human Rights Council in its resolution 33/14 of 29 September 2016; requests that the High Commissioner continue to submit an annual report on the Office’s activities, including on inter-agency coordination within the United Nations system which has direct relevance to the realisation of the right to development; also requests that the High Commissioner take concrete measures in the fulfilment of their mandated responsibility, and facilitate the participation of relevant experts in the meetings of the Expert Mechanism on the Right to Development; and requests that the Office of the High Commissioner for Human Rights continues to keep the right to development high on its agenda, and requests that all special procedure and other human rights mechanisms of the Human Rights Council regularly integrate the right to development perspective into the implementation of their mandates.

The results of the vote were as follows:

In favour (29): Argentina, Benin, Bolivia, Cameroon, China, Cote d’Ivoire, Cuba, Eritrea, Gabon; Gambia, Honduras, India, Indonesia, Kazakhstan, Libya, Malawi, Malaysia, Mauritania, Namibia, Nepal, Pakistan, Paraguay, Qatar, Senegal, Somalia, Sudan, United Arab Emirates, Uzbekistan and Venezuela.

Against (13): Czechia, Finland, France, Germany, Japan, Lithuania, Luxembourg, Montenegro, Netherlands, Poland, Ukraine, United Kingdom and United States.

Abstentions (5): Armenia, Brazil, Marshall Island, Mexico and Republic of Korea.

In a resolution (A/HRC/51/L.12) on arbitrary detention, adopted without a vote, the Council encourages all States to give due consideration to the opinions and appeals of the Working Group on Arbitrary Detention, to respect and promote the right to legal assistance, and to respect and promote the right of anyone arrested or detained on a criminal charge to be brought promptly before a judge or other judicial officer, and to be entitled to trial within a reasonable time or to be released, among other measures; decides to extend the mandate of the Working Group for a further period of three years; and requests the Secretary-General to provide the Working Group with all the assistance necessary for it to be able to effectively and sustainably fulfil its mandate.

Before adopting the resolution, the Council voted on and rejected two amendments L.43 and L.44.

In a resolution (A/HRC/51/L.14) on the safety of journalists, adopted without a vote, the Council calls on States to review and where necessary repeal or amend laws, policies and practices so that they do not limit the ability of journalists and media workers to perform their work independently and without undue interference, and to ensure accountability through independent and effective investigations into all alleged cases of violence, threats and attacks against journalists and media workers, among other measures; also calls upon States to encourage journalists and media workers to report threats and attacks against them to the relevant authorities or agencies or through relevant platforms; requests the High Commissioner to organise, before the fifty-fourth session of the Human Rights Council, a one-day expert seminar on legal and economic threats to the safety of journalists, to prepare a summary report thereon, and to submit it to the Council at its fifty-fifth session.

In a resolution (A/HRC/51/L.17) on countering cyberbullying, adopted without a vote, the Council calls upon States to take all appropriate measures to prevent and protect children from all forms of discrimination and violence, including in digital contexts, to establish well-trained and well-resourced bodies in charge of preventing, countering and addressing the adverse effects of cyberbullying, among other measures; decides to convene a panel discussion on cyberbullying against children at its fifty-fourth session, inviting States and other relevant stakeholders and ensuring participation of children themselves; requests the Office of the United Nations High Commissioner for Human Rights to prepare a written report, and make it available in an accessible and Easy Read format, on countering cyberbullying against persons with disabilities, and to present the report to the Council at its fifty-sixth session.

In a resolution (A/HRC/51/L.20) on the promotion of a democratic and equitable international order, adopted by a vote of 29 in favour, 14 against and 4 abstentions, the Council urges all actors on the international scene to build an international order based on inclusion, justice, equality and equity, human dignity and mutual understanding, and the promotion of and respect for cultural diversity and universal human rights; invites the Independent Expert  on the promotion of a democratic and equitable international order to study and compile good practices and experiences in the field of South-South, North-South and triangular cooperation in the context of their contribution to overcoming global challenges and the achievement of a democratic and equitable international order; requests the human rights treaty bodies, the Office of the High Commissioner, the special mechanisms of the Council and the Council Advisory Committee to pay due attention to the present resolution and to make contributions to its implementation; requests the Independent Expert to continue to report on the implementation of the present resolution to the Council and the General Assembly.

The results of the vote were as follows:

In favour (29): Argentina, Benin, Bolivia, Cameroon, China, Cote d’Ivoire, Cuba, Eritrea, Gabon, Gambia, Honduras, India, Indonesia, Kazakhstan, Libya, Malawi, Malaysia, Mauritania, Namibia, Nepal, Pakistan, Paraguay, Qatar, Somalia, Senegal, Sudan, United Arab Emirates, Uzbekistan and Venezuela.

Against (14): Czechia, Finland, France, Germany, Japan, Lithuania, Luxembourg, Montenegro, Netherlands, Poland, Republic of Korea, Ukraine, United Kingdom and United States.

Abstentions (4): Armenia, Brazil, Marshall Islands and Mexico.

In a resolution (A/HRC/51/L.21) on local government and human rights, adopted without a vote, the Council encourages local governments to ensure the participation of local stakeholders in local government activities and in public affairs, to guarantee protection against discrimination and equal access to political participation at the local level, especially for women; requests the Office of the United Nations High Commissioner for Human Rights to convene a one-day expert meeting prior to the fifty-fourth session of the Council on enhancing capacity building for local governments to incorporate human rights into all their work, and to submit a report thereon, including in an accessible and easy-to-read format, to the Council at its fifty-sixth session; invites the Office of the High Commissioner to continue to support local governments, upon request, in discharging their human rights responsibilities; and decides to remain seized of the matter.

In a resolution (A/HRC/51/L.22) on the mandate of the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination, adopted by a vote of 28 in favour, 15 against and 4 abstentions, the Council decides to extend for a period of three years the mandate of the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination, for it to continue its work in accordance with Human Rights Council resolution 7/21 of 28 March 2008, and other relevant resolutions.

The results of the vote were as follows:

In favour (28): Argentina, Armenia, Benin, Bolivia, Cameroon, China, Cote d’Ivoire, Cuba, Eritrea, Gabon, Gambia, Honduras, India, Indonesia, Libya, Malawi, Malaysia, Mauritania, Namibia, Nepal, Pakistan, Paraguay, Qatar, Senegal, Sudan, United Arab Emirates, Uzbekistan and Venezuela.

Against (15): Czechia, Finland, France, Germany, Japan, Lithuania, Luxembourg, Marshall Islands, Montenegro, Netherlands, Poland, Republic of Korea, Ukraine, United Kingdom and United States.

Abstentions (4): Brazil, Kazakhstan, Mexico and Somalia.

In a resolution (A/HRC/51/L.29/Rev.1) on the role of prevention in the promotion and protection of human rights: rule of law and accountability, adopted without a vote, the Council stresses the need to develop further the concept of the prevention of human rights violations and to step up efforts to raise awareness of prevention in the promotion and protection of human rights in order to encourage its reflection in relevant policies and strategies at the national, regional and international levels; and requests the Office of the High Commissioner to prepare a study on the role of the rule of law and accountability on the national and international levels in the prevention of human rights violations and abuses, and to present it to the Human Rights Council at its fifty-seventh session.

In a resolution (A/HRC/51/L.30) on Special Rapporteur on contemporary forms of slavery, including its causes and consequences, adopted without a vote, the Council renews the mandate of the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, for a period of three years; decides that the Special Rapporteur shall continue to examine and report on all contemporary forms of slavery and slavery-like practices, but in particular those defined in the Slavery Convention of 1926 and the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery of 1956, and all other issues covered previously by the Working Group on Contemporary Forms of Slavery.  In the discharge of the mandate, the Special Rapporteur shall, inter alia, promote the effective application of relevant international norms and standards on slavery and focus principally on aspects of contemporary forms of slavery that are not covered by existing mandates of the Human Rights Council. 

In a resolution (A/HRC/51/L.31) on human rights and Indigenous Peoples: mandate of the Special Rapporteur on the rights of Indigenous Peoples, adopted without a vote, the Council decides to renew the mandate of Special Rapporteur on the rights of Indigenous Peoples for a period of three years to, inter alia, examine ways and means of overcoming existing obstacles to the full and effective protection of the rights of Indigenous Peoples, in conformity with the mandate, and to identify, exchange and promote best practices; formulate recommendations and proposals on appropriate measures and activities to prevent and remedy violations and abuses of the rights of Indigenous Peoples; and to submit a report on the implementation of the mandate to the Human Rights Council and to the General Assembly in accordance with their annual programme of work.  The Council also requests the Special Rapporteur to participate in relevant international dialogues and policy forums on the rights of Indigenous Peoples and related issues, including on the consequences that climate change has for Indigenous Peoples.

In a resolution (A/HRC/51/L.32/Rev.1) on youth and human rights, adopted without a vote, the Council decides to incorporate into its programme of work a biennial panel discussion, fully accessible to persons with disabilities, which will be held during the September session of the Council as of its fifty-fourth session, and requests the Office of the High Commissioner to organize the panel discussion following consultations with young people, youth and youth-led organizations and to prepare a summary report on the panel discussion for consideration at the subsequent session.  The Council also decides that the theme of the panel discussion will be young people’s engagement with climate change and global environmental decision-making processes; requests the High Commissioner, in consultation with States and relevant stakeholders, to conduct a detailed study on the solutions to promote digital education for young people and to ensure their protection from online threats, and to submit the study to the Council for consideration prior to its fifty-seventh session.

In a resolution (A/HRC/51/L.39) on human rights and Indigenous Peoples, adopted without a vote, the Council decides that the theme of the annual half-day panel discussion on the rights of Indigenous Peoples, to be held during the fifty-fourth session of the Human Rights Council, will be the impact of certain development projects on the rights of Indigenous Peoples, in particular the impact on indigenous women.  The Council further decides to continue to discuss further steps and measures necessary to enable and to facilitate the participation of Indigenous Peoples’ representatives and institutions in the work of the Human Rights Council, in particular by taking into consideration the summary report on the discussion and the resulting recommendations of the four-day expert workshop to be prepared by the Office of the High Commissioner and submitted to the Council prior to its fifty-third session.

In a resolution (A/HRC/51/L.40) on the human rights to safe drinking water and sanitation, adopted without a vote, the Council decides to extend the mandate of Special Rapporteur on the human rights to safe drinking water and sanitation for a period of three years, and requests the Special Rapporteur to continue to report on an annual basis to the Human Rights Council and to submit an annual report to the General Assembly.

Link: https://www.ungeneva.org/en/news-media/meeting-summary/2022/10/le-conseil-des-droits-de-lhomme-adopte-dix-neuf-resolutions-une