Human Rights Council Holds General Debate on Technical Assistance and Capacity Building

The Human Rights Council this morning held a general debate on technical assistance and capacity building. 

Francesco Motta, Chief of the Asia Pacific Section at the Office of the High Commissioner for Human Rights, presented the report of the Secretary-General on Cambodia, the report of the High Commissioner for Human Rights on Georgia, and the report of the High Commissioner for Human Rights on Yemen on 5 October and a summary can be found here.  The three countries were given the floor this morning to speak as countries concerned.

Cambodia, speaking as a country concerned, said its positive engagement with the Office of the High Commissioner was recognised in the report.  Cambodia appreciated the opportunity to address the Office of the High Commissioner’s technical assistance to both Governmental and non-governmental institutions to promote and protect human rights.  The report recognised in a very brief and narrow scope certain elements carried out.  It contained factual errors, despite the comments provided.  Cambodia’s communal elections were a renewed testimony of multi-party democracy and pluralism, and voting had been described as free, fair and transparent by national and international observers and many contesting parties. 

Georgia, speaking as a country concerned, said Russia’s illegal occupation of the Abkhazia and Tskhinvali regions of Georgia continued to have severe impacts.  People living in and nearby the occupied areas were suffering from human rights violations, including kidnappings, arbitrary detentions, torture and ill-treatment, deprivation of life, and ethnic discrimination.  Despite the repeated calls by the Council, Russia continued to prevent the Office of the High Commissioner and other international human rights monitoring mechanisms from entering both Russian-occupied regions of Georgia.  It was vital that the international community firmly remind the Russian Federation of its responsibility to comply with the European Union mediated 2008 Ceasefire Agreement. 

Yemen, speaking as a country concerned, said the efforts undertaken to put the report together were appreciated, as was its praise of the positive role of the National Commission of Inquiry.  However, it was an independent mechanism which required aid to administer truth and justice, and it must continue its mandate.  In response to international and regional efforts, the Government had committed to implementing more provisions, including an all-out ceasefire, including allowing oil tankers through certain airports.  The international community and the Human Rights Council should bring the Houthis to trial and restore constitutional legitimacy in Yemen, and the Human Rights Council should provide technical assistance so the Government could fulfil its obligations towards its people.  

Speaking in the general debate, some speakers said technical assistance and capacity building in human rights were highly important, particularly in the case of developing countries.  Technical assistance and capacity building constituted a fundamental aspect of the Human Rights Council and represented a critical component of the mandate of the Office of the High Commissioner for Human Rights.  Some speakers called on all States to fully cooperate with and support the Office by providing it with adequate financial resources and ensuring that all conditions were met, to allow United Nations human rights staff to independently exercise their functions.  Some speakers said that it was essential that country mandates were carried out with the consent of the country concerned, and should not be used as a tool for a political agenda or as a pretext for interfering in political affairs.  The Council should promote the provision of advice and technical assistance and capacity building, in consultation with and with the consent of the State concerned. 

Speaking in the general debate were Czech Republic on behalf of the European Union, Paraguay, Palestine on behalf of a group of Arab States, Côte d’Ivoire on behalf of the African Group, Azerbaijan on behalf of the Non-Aligned Movement, Saudi Arabia on behalf of the Gulf Cooperation Council, Cambodia on behalf of the Association of Southeast Asian Nations, Cuba on behalf of a group of countries, Brazil on behalf of a group of countries, Cabo Verde on behalf of the Group of Portuguese-Speaking States, France, Finland, Lithuania, Cuba, Venezuela, Libya, Luxembourg, United Arab Emirates, China, Mauritania, India, United States, Nepal, Indonesia, United Kingdom, Pakistan, Benin, Ukraine, Poland, Qatar, Malaysia, International Development Law Organization, Saint Vincent and the Grenadines on behalf of a group of countries, Samoa, Bahrain, Switzerland, Russian Federation, Afghanistan, Jordan, Mauritius, Syria, Norway, Estonia, Burkina Faso, South Sudan, Republic of Moldova, Bulgaria, Algeria, Thailand, Uganda, Sweden, Georgia, Hungary, Latvia, Suriname, Papua New Guinea, Tunisia, Iran, Tanzania, Egypt, Saudi Arabia, Sudan, and Kuwait. 

Also speaking were Africa Culture Internationale, Organisation internationale pour les pays les moins avancés, Afrique Esperance, Human Rights Information and Training Center, Baha'i International Community, Human Rights House Foundation, Peace Track Initiative on behalf of Women's International League for Peace and Freedom, Advocates for Human Rights, Fitilla, Defence for Children International, Maat for Peace, Development and Human Rights Association, International Support For Human Rights, Elizka Relief Foundation, Sikh Human Rights Group, Cairo Institute for Human Rights Studies, International Federation for Human Rights Leagues, International Commission of Jurists, Lawyers' Rights Watch Canada on behalf of the International Bar Association, China Association for Science and Technology, Centre du Commerce International pour le Développement, Jeunesse Etudiante Tamoule, China Society for Human Rights Studies, Youth Parliament for SDG, Association Ma'onah for Human Rights and Immigration, Association culturelle des tamouls en Ffrance, Union of Northwest Human Rights Organisation, Tamil Uzhagam, Integrated Youth Empowerment - Common Initiative Group, PRAHAR and Indigenous People of Africa Coordinating Committee. 

Speaking in right of reply was the Russian Federation.  

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 1 p.m., when it will start to take action on draft resolutions and decisions, before it concludes its fifty-first session on Friday, 7 October.

General Debate on Technical Assistance and Capacity Building

The general debate on technical assistance and capacity building started in the previous meeting with the presentation of three reports on Cambodia, Georgia and Yemen, and a summary can be found here.

Statements by Countries Concerned

Cambodia, speaking as a country concerned, said the positive engagement of Cambodia with the Office of the High Commissioner was recognised in the report.  Cambodia appreciated the opportunity to address the Office of the High Commissioner’s technical assistance to both Governmental and non-governmental institutions to promote and protect human rights.  The report recognised in a very brief and narrow scope certain elements carried out on poverty reduction, progress on the draft law on the national human rights institution, the tracking system on the criminal case data, the rising legal aid budget, social protection schemes for vulnerable groups during the pandemic, and progress in addressing discrimination against lesbian, gay, bisexual, transgender, intersex and queer persons, among others.  The report contained factual errors, despite the comments provided. 

Cambodia’s communal elections were a renewed testimony of multi-party democracy and pluralism, and voting had been described as free, fair and transparent by national and international observers and many contesting parties.  The Appeals System was non-discriminatory.  The documentation in the report required genuine dialogue and careful consideration of the viewpoints of all parties, including the authorities concerned, in order to achieve an objective and credible report.  Regrettably, the Office of the High Commissioner had failed to do so.  All rights and freedoms were not absolute.  A defendant had the right to be heard.  The Office of the High Commissioner should rely on unimpeachable quality and avoid anecdotal or incidental evidence when reporting alleged human rights violations. 

The Government remained committed to the platform with non-governmental organizations.  The Office of the High Commissioner should no longer condone the dangerous politics of certain opposition elements engaging in hate speech, xenophobia, disinformation and provocation of sedition under the guise of freedom of expression.  Yesterday, the Government had put into place a cash-transfer programme for households during the high inflation.  Cambodia had no policy of forced evictions.  Progress had been made in the registration of indigenous community lands.  Cambodia remained resolute in its firm commitment in cooperation with all stakeholders to protect and promote human rights within the rule of law, and pursue its irreversible democratic journey with pluralism, including next year’s election.

Georgia, speaking as a country concerned, said Russia’s illegal occupation of the Abkhazia and Tskhinvali regions of the country continued to have severe impacts.  People living in and nearby the occupied areas were suffering from human rights violations, including kidnappings, arbitrary detentions, torture and ill-treatment, deprivation of life, and ethnic discrimination.  Impacts of the Russian occupation were being felt even more painfully by vulnerable communities.  The report underscored the increased level of gender-based violence on conflict-affected women and girls and existing difficulties in addressing the needs of persons with disabilities residing in the occupied territories.  Hundreds of thousands of internally displaced persons and refugees expelled from both occupied regions were deprived of their fundamental right to return to their homes, with many more at risk of becoming internally displaced.  According to the report, more than 4,000 schoolchildren and around 600 children at kindergartens in Gali district were deprived of their right to receive education in their native Georgian language, with a similar pattern being repeated in the Tskhinvali region.

The occupation regime also used kidnappings and illegal detentions, which had grave consequences, including deaths.  Justice had not been served for several victims, including Inal Jabiev, who was a victim of torture, while illegally detained in the Russia-occupied Tskhinvali region.  Despite the repeated calls by the Council, Russia continued to prevent the Office of the High Commissioner and other international human rights monitoring mechanisms from entering both Russian-occupied regions of Georgia.  It was vital that the international community firmly remind the Russian Federation of its responsibility to comply with the European Union mediated 2008 Ceasefire Agreement, and that Russia withdraw its military forces from the territory of Georgia, allow international security and human rights mechanisms on the ground, and cease grave human rights violations.

Yemen, speaking as a country concerned, said Yemen had responded in writing to the report.  The efforts undertaken to put it together were appreciated, as was its praise of the positive role of the National Commission of Inquiry.  However, it was an independent mechanism which required aid to administer truth and justice, and it must continue its mandate.  The political parties in Yemen, youth, civil society and women had participated last March in Riyadh in consultations on the different aspects which were of concern to Yemen.  Human rights would be re-examined and policies which had instrumentalised the suffering of the Yemeni people would be examined publicly, particularly those who had led to violations of the rights of the people.  The Presidential Leadership Council had taken the first steps to reform the Judicial Council. 

In response to international and regional efforts, the Government had committed to implementing more provisions, including an all-out ceasefire, including allowing oil tankers through certain airports.  However, terrorist attacks had caused deaths, also targeting medical teams.  In addition to the continuing violations of the Stockholm Agreement and a number of armed raids, these had been met with a disgraceful silence by the international bodies controlling and supervising the truth.  The militias had rejected renewing an extended truce, and this was yet more proof of the ineffective policy taken by the office of the Special Envoy in addressing their breaches.  It was time to move away from just seeing the Yemeni people through the lens of the conflict: it was time for the Yemeni people to enjoy their human rights and fundamental freedoms fully.  The international community and the Human Rights Council should bring the Houthis to trial and restore constitutional legitimacy in Yemen, and the Human Rights Council should provide technical assistance so the Government could fulfil its obligations towards its people.

General Debate

In the general debate, many speakers thanked the High Commissioner and the Secretary-General for the reports presented to the Council.  Technical assistance and capacity building in human rights were highly important, particularly in the case of developing countries.  Technical assistance and capacity building constituted a fundamental aspect of the Human Rights Council and represented a critical component of the mandate of the Office of the High Commissioner for Human Rights.  Speakers commended the Office’s active engagement and dialogue with States, regional organizations and other stakeholders in carrying out its technical cooperation mandate, and welcomed the work being carried out in the field to prevent human rights violations.  Some speakers called on all States to fully cooperate with and support the Office by providing it with adequate financial resources and ensuring that all conditions were met, to allow United Nations human rights staff to independently exercise their functions. 

A number of speakers reaffirmed their national commitment to human rights mechanisms and requested the Office of the High Commissioner to continue to provide the necessary technical support for building national capacities, especially in the field of law enforcement and justice.  It was essential to continue assistance to countries facing challenges and give technical assistance with a view to strengthening partnerships and positive cooperation.  Speakers also welcomed the work of the Trust Fund for least developed countries and small island developing states, which ensured universal participation and inclusivity in the work of the Council.  States were encouraged to increase their contribution to voluntary trust funds.

Regarding Yemen, many speakers were deeply concerned about continued reports which highlighted serious human rights violations and abuses throughout the country, including arbitrary killing of civilians, and sexual and gender-based violence.  Some speakers called on all parties to intensify their efforts under the United Nations, and to agree on an expanded truce which could lead the way towards a durable ceasefire and a comprehensive political settlement in the country.  Some welcomed the efforts of the Yemeni Government to persevere with a cease fire, despite witnessing several cease fire violations being committed by the Houthi groups, which had failed to respect the cease fire and hampered humanitarian work.  Yemen’s presence at the Human Rights Council reflected the State’s commitment to peace and stability. 

Some speakers were disappointed at the inability to reach an agreement on the extension of the truce in Yemen as proposed by the United Nations Special Envoy, which would have strengthened the dimension of human rights monitoring with a view to accountability to the Council.  While some speakers continued to support technical assistance and capacity building for the Yemeni National Commission of Inquiry, they said that despite the efforts of the national authorities, agenda item 10 was not sufficient in this case, as the conflict did not allow them to play the role of independent observer and rapporteur to the Council.  Some speakers believed that further technical assistance should be given to the National Human Rights Committee in Yemen, so that it could pursue efforts with transparency and achieve its aims.  The United Nations and its Member States were encouraged to find a political solution to Yemen’s situation, and seek options to address impunity for human rights violations, to avoid further suffering by the Yemeni people.

Speakers commended the cooperation of Georgia with the Office of the High Commissioner for Human Rights, and the technical assistance provided, calling on Georgia to implement the recommendations provided, particularly regarding the independence of the judiciary, the fight against corruption, and the combat against gender-based discrimination and violence.  Georgia was encouraged to redouble its efforts to strengthen the rule of law, the independence, integrity and accountability of the judiciary, and the fight against corruption.  There were persisting challenges in the country which needed to be addressed, including discrimination based on sexual orientation and gender identity, and the rights of persons belonging to minorities.

Some speakers were worried about the persisting human rights violations in the Georgian regions of Abkhazia and Tskhinvali/South Ossetia, occupied by Russia, which had led to allegations of human rights violations, including restrictions on the freedom of movement, access to personal documentation, and the rights to education and property.  Some speakers welcomed the progress on the preparation of the Human Rights Strategy of Georgia for 2022-2030.  Those exercising control in the occupied areas were urged to grant unimpeded access for the Office of the High Commissioner for Human Rights and other international human rights mechanisms.  Some speakers reiterated their support for the sovereignty, independence, and territorial integrity of Georgia within its internationally recognised borders.

A number of speakers shared concerns about the worsening human rights situation in Cambodia, with the Prime Minister’s 37-year rule continuing unopposed due to the dissolution of the opposition party and the targeting of its members, many of whom were charged with treason and forced to leave the country.  Human rights defenders had been harassed and jailed, and crackdowns on non-governmental organizations and union activists were increasing, while the Government’s suppression of the media was systemic.  Some speakers urged Cambodia to end arbitrary arrests and detentions of human rights defenders, political activists and journalists, and to release those who had been arbitrarily detained.  The shrinking of civic space in the country which had been observed in recent years was a concern.  Some speakers called on the Cambodian Government to carry out credible, fair, and transparent elections in 2023.  Some speakers supported the Special Rapporteur’s 10-point agenda, and called on Cambodia to implement the recommendations provided. 

Some speakers recognised the great strides made by Cambodia, as well as the resolute commitment of the Government to the promotion and protection of all human rights, which had been reflected in its open cooperation with the Council, its mechanisms, and the Office of the High Commissioner. 

A number of speakers also spoke about other reports that were introduced under agenda item 10 on technical assistance and capacity building, and which have already been discussed in separate interactive dialogues, namely Ukraine, South Sudan, Cambodia, Somalia, the Philippines and the Central African Republic.

Some speakers said that it was essential that country mandates were carried out with the consent of the country concerned, and should not be used as a tool for a political agenda or as a pretext for interfering in political affairs.  The Council should promote the provision of technical assistance and capacity building, in consultation with and with the consent of the State concerned.  It was vital that the Office carried out its mandate in line with the United Nations Charter, in view of the sovereignty of each State. 

Some speakers were concerned at the use of the debates under agenda item 10, to single out countries, particularly developing countries, under the guise of technical assistance and capacity building in the field of human rights.  The selective and discriminatory approach that was being sought needed to cease; it seemed that only developing countries needed cooperation on human rights, which was far from reality.  Some speakers said that requests from developing countries for assistance had remained unanswered for years, while this assistance was imposed on others, sometimes even by violent methods, threats and blackmail.  The primary responsibility for the protection of human rights lay with governments.  Technical assistance and capacity building should abide by the principles of the United Nations Charter and respect the sovereignty of the country concerned.  The sanctity of agenda item 10 should be maintained, and its politicisation should be avoided. 

Link: https://www.ungeneva.org/fr/news-media/meeting-summary/2022/10/morning-human-rights-council-holds-general-debate-technical