News Human Rights Council

Human Rights Council Hears the High Commissioner’s Presentation of Reports on Colombia, Guatemala, Honduras and Cyprus and Starts a General Debate on the High Commissioner’s Global Update and on the Reports

07 March 2023

Afternoon

The Human Rights Council this afternoon heard Volker Türk, United Nations High Commissioner for Human Rights, present reports on the activities of his Office in Colombia, Guatemala, and Honduras, as well as a report on Cyprus. It then started a general debate on his global update on the activities of his Office and recent human rights developments, and on the four reports.

Mr. Türk said regarding Colombia, he visited the country in January and was impressed by the Government’s openness to frank discussion on human rights issues, and its commitment to the full implementation of the 2016 peace agreement. He encouraged the Government to hold meaningful discussions with all affected parties, including women. In 2022, his Office documented 92 massacres, in which 321 people were killed, and 116 killings of human rights defenders, mainly by non-State actors and criminal groups, which disproportionately affected indigenous and Afro-descendent peoples. Addressing structural inequalities and causes of conflict, including rural reform, was welcome. He looked forward to the integration of the Truth Commission’s recommendations into policy. He urged the Attorney General’s office to advance accountability for violations reportedly committed by security forces during protests.

On Guatemala, Mr. Türk said while there had been some progress on social and economic issues over the past year, people continued to face underlying and systemic challenges related to accountability, violence, justice, and other matters. There was concern for the increase of over 70 per cent of the number of justice officials who experienced harassment. The Office had registered a 54 per cent increase last year in harassment, intimidation and use or misuse of criminal procedures against human rights defenders, indigenous peoples, human rights organizations, media and journalists. Three human rights defenders and one journalist had been killed. A number of steps were needed, including to strengthen protection mechanisms for justice officials, ensure the independence of the judiciary, and develop an effective policy, in concert with civil society, for the protection of human rights defenders and civil society members.

Cyprus, speaking as a country concerned, said the human rights violations of Cypriots persisted to this day, and were the direct consequence of Turkey’s military invasion in 1974 and the continuous occupation of its territory since then. This report failed once again to address the human rights violations of all Cypriots and the core reasons behind them. The use of false equivalence and “equidistancing” as well as omissions from the text of the report overlooked gross violations of international law, including international humanitarian and international human rights law. Almost half a century on, there still had not been adequate accountability. Cyprus supported the mandate of the Office of the High Commissioner for Human Rights, which resulted in this annual report.

The High Commissioner presented his oral global update on the activities of his Office and recent human rights developments in the morning meeting and a summary can be found here.

In the general debate, some speakers said, among other things, that the politicisation of the Council had an impact on its work, and the vast majority of the Member States deplored this. The Council must work on the basis of neutrality, cooperation, and capacity-building, taking into account cultural and religious references of States and peoples, so as to highlight the cultural and civilizational diversity as a strength, rather than something that should be eradicated. The commitment of the Office of the High Commissioner for Human Rights to bilateral and multilateral negotiations was appreciated. It was important to uphold and deal impartially with all human rights, whilst taking into account the national circumstances, providing technical cooperation in line with their request and in order to support human rights, respecting the United Nations Charter and domestic jurisdiction of States, and ensuring that all human rights were indivisible, interdependent, and universal. All attempts to impose values under the guise of respecting human rights were to be rejected.

Some speakers said the Office of the High Commissioner must respond to all human rights situations across the world: there were situations which were being ignored. The wide range of challenges required renewed commitments as well as international solidarity to deal with them. The Council should pay particular attention to violations of the right to self-determination. The Office should continue to support the rights of lesbian, gay, bisexual and transgender plus communities, aiding all States to implement Council resolution 50/10, which enshrined significant progress in the intersexual manifestations of discrimination on the basis of sexual orientation and identity.

Islamophobic acts, including burning of the Koran, were rejected and viewed as a dangerous act, serving no purpose other than inciting violence against minority Muslim communities, tantamount to curtailing their right to religious life and participation in public life. The rights of minorities needed to be a high priority, both for the Office and the international community, and the recommendations of the Office of the High Commissioner needed to be followed up by the international community in this regard. Those in dire situations required aid. The death penalty should be abolished, in particular in the case of use against peaceful protestors.

Speaking in the discussion were: Qatar on behalf of the Group of Arab States, Sweden on behalf of the European Union, Zimbabwe on behalf of a group of countries, Côte d'Ivoire on behalf of the Group of African States, Sierra Leone on behalf of a group of countries, Australia on behalf of a group of countries, Azerbaijan on behalf of the Non-Aligned Movement, Pakistan on behalf of the Organization for Islamic Cooperation, United Kingdom on behalf of a group of counties, Uruguay on behalf of a group of countries, Pakistan on behalf of a group of countries, Qatar, Czech Republic, Finland, United States, China, Lithuania, Luxembourg, United Kingdom, Belgium, United Arab Emirates, India, France, Viet Nam, Cameroon, Morocco, Mexico, Malaysia, Maldives, Bangladesh, Kazakhstan, Georgia, Nepal, Algeria, Chile, Ukraine, South Africa, Pakistan, Cuba, Côte d'Ivoire, Germany, Eritrea, Norway, Tunisia, Ecuador, Russian Federation, Burkina Faso, Switzerland, United Nations Women, Ireland, Portugal, Republic of Korea, Bahrain, Japan, Democratic People’s Republic of Korea, Tanzania, Zambia, Venezuela, Slovakia, Latvia, Armenia, Egypt, Iraq, Canada, Slovenia, Republic of Moldova, Netherlands, South Sudan, Iceland, Uganda, Greece, Sweden, Republic of Malta, Ethiopia, Afghanistan and Australia.

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-second regular session can be found here.

The next meeting of the Council will be at 10 a.m. on Wednesday, 8 March, when it will conclude the general debate on the High Commissioner’s global update on the activities of his Office and recent human rights developments and the reports on the activities of his Office in Colombia, Guatemala, and Honduras, as well as a report on Cyprus.

High Commissioner’s Presentation of Reports on the Activities of the Office of the High Commissioner for Human Rights in Colombia, Guatemala and Honduras, and the Report on Cyprus

Reports

The Council has before it the reports of the High Commissioner for Human Rights on the activities of his Office in Colombia (A/HRC/52/25), Guatemala (A/HRC/52/23) and Honduras (A/HRC/52/), as well as the report of the Office of the High Commissioner on the question of human rights in Cyprus (A/HRC/52/18).

Presentation of Reports

VOLKER TÜRK, United Nations High Commissioner for Human Rights, presented the reports on the activities of the Office of the High Commissioner for Human Rights in Colombia, Guatemala, and Honduras, as well as the report on Cyprus.

Regarding Colombia, Mr. Türk said he visited the country in January and was impressed by the Government’s openness to frank discussion on human rights issues, and its commitment to the full implementation of the 2016 peace agreement. He encouraged the Government to hold meaningful discussions with all affected parties, including women. In 2022, his Office documented 92 massacres, in which 321 people were killed, and 116 killings of human rights defenders, mainly by non-State actors and criminal groups, which disproportionately affected indigenous and Afro-descendent peoples. Addressing structural inequalities and causes of conflict, including rural reform, was welcome. Other steps taken by the Government, including a new plan to protect human rights defenders, were also welcome. Ministers were working to integrate a human rights approach to policies, and the Office would strengthen its cooperation in this area. He looked forward to the integration of the Truth Commission’s recommendations into policy. He urged the Attorney General’s office to advance accountability for violations reportedly committed by security forces during protests. The charges of serious offenses, such as terrorism, against protestors, needed to be reviewed. He also thanked the Government for the recent signing of a new agreement that had extended the presence of his Office for another nine years, a sign of strong commitment to human rights and the work of his Office.

On Guatemala, Mr. Türk said while there had been some progress on social and economic issues over the past year, people continued to face underlying and systemic challenges related to accountability, violence, justice and other matters. There was concern for the increase of over 70 per cent of the number of justice officials who experienced harassment. The Office had registered a 54 per cent increase last year in harassment, intimidation and use or misuse of criminal procedures against human rights defenders, indigenous peoples, human rights organizations, media and journalists. Three human rights defenders and one journalist had been killed. A number of steps were needed, including to strengthen protection mechanisms for justice officials, ensure the independence of the judiciary, and develop an effective policy, in concert with civil society, for the protection of human rights defenders and civil society members. There was an increase in violence perpetrated on women and girls, including femicides, and the relevant capacities of the Office of the Attorney General should be strengthened, as should be respect of human rights issues in land disputes and on the ownership of natural resources. The right to free, fair and informed consent of all indigenous individuals and their consultation must be upheld.

In the case of Honduras, Mr. Türk welcomed the Government’s political will to advance the political agenda. Longstanding structural challenges persisted across the country, including deep-rooted poverty and inequalities; persistent land conflicts; widespread violence, including gender-based violence; impunity; and an extremely dangerous context for human rights defenders and journalists. Advances made were very welcome, including legislation to address the causes of forced civil displacement and better protect the displaced, and the repeal of all regulations related to the economic and special development zones. No progress had been made on investigating the serious human rights violations of the 1980s. Numerous attacks on journalists and human rights defenders had not been investigated, and the number of these had been rising since December, and it was important that they be promptly and independently investigated. Conflict relating to land and natural resources remained high, with an important effect on displacement. The rights of the indigenous, Afro-Honduran peoples, peasant groups and other historically disadvantaged communities must be respected. The poverty in which the majority of the population lived remained of concern. The situation of the lesbian, gay, bisexual and transgender plus population was also of concern. The state of emergency imposed in November should not be viewed as an alternative civilian-led policy for security based on human rights. He remained committed to promoting human rights in the country.

With regard to Cyprus, Mr. Türk said the division of the island continued to affect the human rights of people across the island, including the right to life, the right to seek asylum, freedoms of opinion, expression, religion and belief, property rights, and the right to participate in public life. The effects of the pandemic and the war in Ukraine continued to affect economic, social and cultural rights across the island. Crossing points were now functioning normally, which enabled increased opportunities for direct engagement. Stakeholders should make new efforts to enhance trust between communities. Of particular note, with the support of the Office and the European Union, civil society members in the north had engaged in human rights monitoring and reporting. Equal and engaged participation of women in the settlement process was essential, and sustained efforts were necessary to ensure. There was concern for the lack of progress on educational reform, which was essential for reconciliation, and peace and human rights education should be promoted across the island. The authorities should work towards a just and lasting solution to the island’s divisions.

General Debate on the High Commissioner’s Global Update and on the Reports on Colombia, Guatemala, Honduras and Cyprus

Statements by the Countries Concerned

Colombia, speaking as a country concerned, said the report contained a balanced analysis of the human rights situation in 2022 in Colombia and drew attention to worrying challenges, while making pertinent recommendations which the State would take into account. One of these challenges was related to socio-political violence, which manifested itself in the continuation of murders of human rights defenders, social leaders and peace activists, as well as threats against them. To address this, the Government was determined to fully implement the Peace Agreement signed in 2016 with the FARC (Revolutionary Armed Forces of Colombia – People’s Army). In addition, peace talks were resumed with the guerrilla group Ejército de Liberacio Nacional and dialogues were initiated with other armed non-state groups and armed criminal organizations. To face the challenge of the high level of social exclusion in the country, the Government had decided to create the National System of Equality and Equity. In relation to the challenge of overcoming impunity, the Government was committed to the full implementation of the recommendations of the Truth Commission. The Government of Colombia had proposed a new policy towards drug trafficking. Colombia was determined to overcome socio-political violence, social exclusion, and impunity in order to become a society where the right to life and differences were respected and justice prevailed in the face of human rights violations.

Guatemala, speaking as a country concerned, said Guatemala had rejected the existence of structural situations jeopardising the enjoyment of human rights, believing that it was essential to have a greater appreciation of the State’s efforts in eradicating poverty, prompting education, promoting and generating employment, and others. Guatemala was a multi-cultural and multi-lingual country, which sought to promote dialogue, capacity-building, cultural identity, the rights of indigenous peoples, and cosmic vision. There had been progress in dialogue for a normative framework on indigenous peoples, identifying cultural, social and economic traditions of indigenous peoples. There was a secretariat of indigenous peoples. Access to justice by indigenous peoples had been strengthened. There were numerous instruments to ensure judicial independence and strengthen the system, as well as bolstering human rights mechanisms. The Government was committed to combatting corruption. The Presidential Commission against Corruption had been established to combat this, and to strengthen investigation and prosecution, also when dealing with crimes against journalists and crimes of impunity. Dialogue and free participation in the dissemination of ideas were supported. Guatemala was a sovereign and democratic State and respected the principle of non-interference and the sovereignty of all States. Democratic elections would be taking place shortly.

Honduras, speaking as a country concerned, said the Government of Solidarity had demonstrated its political will in the area of human rights and the fight against corruption. The current administration had assumed functions in the context of pre-existing structural problems, including poverty and inequality, violence, insecurity and impunity. The Government reaffirmed its commitment to the respect and protection of human rights, and had promoted structural measures to reverse a scheme that relegated the protection of human life and dignity to the protection of transnational economic and financial interests. Honduras recognised the challenges faced by the country, particularly the murder of human rights defenders during 2023. The Government expressed great will to provide a forceful response in order to eradicate the structural causes that threatened defenders. Some of the achievements made by the State included the protection of vulnerable populations through the creation of an inclusive budget with a gender focus; the creation of a Secretariat of Social Development; the establishment of solidarity programmes for the reduction of poverty; and the exemption of 140,000 migrants in an irregular situation from paying fines. Honduras reiterated the State’s desire to build regional and international consensus that placed the protection of life and human dignity at the centre of discussions, to achieve the realisation of the human right to development and the progressive advancement of economic, social and cultural rights.

Cyprus, speaking as a country concerned, said the human rights violations of Cypriots persisted to this day. These violations did not exist in a vacuum. They were the direct consequence of Turkey’s military invasion in 1974 and the continuous occupation of its territory since then. Military invasions and occupations were in gross violation of the United Nations Charter and international law. And yet, this report failed once again to address the human rights violations of all Cypriots and the core reasons behind them. The use of false equivalence and “equidistancing” as well as omissions from the text of the report overlooked gross violations of international law, including international humanitarian and international human rights law. These violations were not frozen in time. The consequent injustices continued to this day. Almost half a century on, there still had not been adequate accountability. Cyprus supported the mandate of the Office of the High Commissioner for Human Rights, which resulted in this annual report, as the raison d’être of the report remained the same: the persisting violations of the human rights of Cypriots, as a result of the Turkish invasion and occupation. By next year, Cyprus would like to see the report reflect its original mandate.

General Debate

Some speakers said the politicisation of the Council had an impact on its work, and the vast majority of the Member States deplored this. The Council must work on the basis of neutrality, cooperation, and capacity-building, taking into account cultural and religious references of States and peoples, so as to highlight the cultural and civilizational diversity as a strength, rather than something that should be eradicated. Some speakers also expressed disappointment in United Nations mechanisms that had turned their backs on activities that promoted hate. The commitment of the Office of the High Commissioner for Human Rights to bilateral and multilateral negotiations was appreciated. The expectations of United Nations Member States on the work of the Office were higher than ever. It was important to uphold and deal impartially with all human rights, whilst taking into account the national circumstances, providing technical cooperation in line with their request and in order to support human rights, respecting the United Nations Charter, domestic jurisdiction of States, and ensuring that all human rights were indivisible, interdependent, and universal. All attempts to impose values under the guise of respecting human rights were to be rejected.

The Office must respond to all human rights situations across the world: there were situations which were being ignored, speakers said. The wide range of challenges required renewed commitments as well as international solidarity to deal with them. The Council should pay particular attention to violations of the right to self-determination. The COVID-19 pandemic had violated the human rights of millions around the world. The international community should reiterate its commitment to the universality and interdependent nature of all human rights, as well as to combatting racism, racial inequalities, and promoting the right to development, which was vital for the realisation of so many other rights, including economic, social and cultural rights. The international community must work together to combat current and future challenges around the world, based on the principles of objectivity, non-selectivity, and impartiality.

Imprisoned human rights defenders should be released, some speakers urged, as should those imprisoned for expressing their political views. The High Commissioner should do his utmost to ensure their release. The roles of national human rights commissions were appreciated. Accountability and access to justice were vital, and the right to peacefully express a call for justice and accountability must be supported. The rights to freedom of assembly and expression must be supported: civil society had an important part to play in supporting human rights, and there must be civil space for the expression of those activities. Good governance, along with sound economic policies, could safeguard the economic well-being of all. Transitional justice was important for all communities.

A number of speakers said the Office of the High Commissioner should continue to support the rights of lesbian, gay, bisexual, transgender, queer plus communities, aiding all States to implement Council resolution 50/10, which enshrined significant progress in the intersexual manifestations of discrimination on the basis of sexual orientation and identity. Work done to protect the rights of lesbian, gay, bisexual, transgender, queer plus persons the world over were appreciated and supported.

Islamophobic acts, including burning of the Koran, were rejected by some speakers and viewed as a dangerous act. These actions served no purpose other than inciting violence against minority Muslim communities, tantamount to curtailing their right to religious life and participation in public life. These deliberate acts could not be abused to peddle hate. The public and unequivocal condemnation of these acts by the United Nations Secretary General was welcome. States, the High Commissioner and relevant mandate holders should also call out these acts. All States must ensure that the exercise of the right to free speech was fully consistent with an avoidance of hostility and incitement to violence, as well as fostering inter-faith harmony and tolerance. Intolerance led to bigotry and tragic consequences. The perpetrators of these acts must be brought to justice. Some speakers said that the restoration of cultural heritage and religious sites liberated from occupation must be supported, and there should be international engagement to this end. The international community had a firm commitment to support development and build up capacity to implement programmes at the regional and national level.

The rights of minorities needed to be a high priority, both for the Office and the international community, and the recommendations of the Office of the High Commissioner needed to be followed up by the international community in this regard. Those in dire situations required aid. The death penalty should be abolished, in particular in the case of use against peaceful protestors.

A number of speakers said that today, the world witnessed various unconventional challenges, exacerbating discrimination and inequality, and the use of unilateral coercive measures harmed the enjoyment of human rights. Human rights for all should be the pursuit of all: all countries had a right to independently choose their human rights path. Economic, social and cultural rights and civil and political rights were equally important and should be promoted in a balanced manner. All countries should carry out exchange on a basis of mutual aid and trust. A human rights development path could be found that corresponded to the active situation.

The developing world needed technology transfer, capacity building, transfer of funds and development aid, it did not need more sanctions impeding its development and imposing forms of imperialism. Solidarity and multilateral cooperation were the way ahead, not further discrimination. Human rights should be humanity’s common blueprint for the future, and economic, social and cultural rights and civil and political rights were two sides of the same coin in this regard.

Advancing gender equality in the digital revolution was a shared responsibility: the international community should work to remove discrimination against women and girls in science, technology, engineering and maths, and this would have positive effects on global society as a whole. Women’s contribution to these matters should not be impeded, ignored, or neglected. Globally, there was a rise of discrimination against women and girls, and this required the concerted attention of the international community in order to resolve the situation, ensuring that women could fully enjoy all their human rights, including the right to education, and that they were full participants in all fora, including in post-conflict situations. Gender persecution was equivalent to a crime against humanity. Women deserved safety and freedom, and the international community should do its utmost to ensure that the violations of their rights came to an end globally, and that those undermining access to sexual and reproductive health saw an end to these activities.

The rights enshrined in the Universal Declaration of Human Rights remained essential for resolving crisis and conflict. It was a collective responsibility of the international community to separate reality from fiction, fight impunity, ensure accountability, and ensure there were consequences for human rights violations. Terrorism could not be used to justify oppressive policies, both internally and externally, as laws against terrorism had in some cases led to applications of the death penalty. Violations of international humanitarian law and human rights law could not be tolerated. Basic human rights were fundamental rights, and could not be ignored, and good governance with sustainable and inclusive development were vital in that context. Human dignity was at the heart of the Universal Declaration of Human Rights, and should be at the heart of all efforts to ensure its implementation.

Humanity was facing multiple challenges, with an upturn in their scale and extent, with a disproportionate impact on those in the most vulnerable situations. The human cost of aggression continued to rise daily. The right to a healthy environment was also a topic of interest for some speakers. Climate change was a challenge to many around the globe, and it required the attention of the international community as well as the United Nations institutions and mechanisms. States must bolster their efforts to deal with these challenges. Countries should take steps to address the root causes of these, and the international community must engage in honest, open dialogue that was up to the scale of the challenge before the world.

There were glimmers of hope around the world, where men, women and children were rising up against exclusion and discrimination. Ideals based on freedom, equality, justice and peace for all were shared by the United Nations as a whole, whilst the idea of a new social contract anchored in the enjoyment of all human rights for all, everywhere, had spread across the globe. With only a few years to go to the achievement of the 2030 Sustainable Development Goals, this was hampered by global problems, which could only be solved by dialogue and mutual cooperation, aiming to build a new and just society with the Goals as the common agenda.

Link: https://www.ungeneva.org/en/news-media/meeting-summary/2023/03/afternoon-human-rights-council-hears-high-commissioners

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