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Human Rights Council Adopts 13 Resolutions, Extends Mandates on Myanmar, Ukraine, Racism and Racial Discrimination, Working Group on the Durban Declaration, and Mali, Appoints 10 Mandate Holders, and Closes Fifty-Second Regular Session

04 April 2023

The Human Rights Council this afternoon adopted 13 resolutions, extending mandates on Myanmar, Ukraine, racism and racial discrimination, Working Group on the implementation of the Durban Declaration, and Mali.  It appointed 10 Special Procedure mandate holders and closed its fifty-second regular session.

Other resolutions adopted concerned human rights in the occupied Syrian Golan; the right of the Palestinian people to self-determination; Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan; combating intolerance, negative stereotyping and stigmatization of, and discrimination, incitement to violence and violence against, persons based on religion or belief; technical assistance and capacity-building to improve the human rights situation in Haiti; cooperation with Georgia; technical assistance and capacity-building to improve human rights in Libya; and technical assistance and capacity-building for South Sudan.

Václav Bálek, President of the Human Rights Council announced the appointment of the following 10 Special Procedure mandate holders: for the Expert Mechanism on the Right to Development, Bonny Ibhawoh (Nigeria), Mihir Kanade (India), Klentiana Mahmutaj (Albania) and Isabelle Durant (Belgium); for the Expert Mechanism on the Rights of Indigenous Peoples, Binota Moy Dhamai (Bangladesh) and Dalee Sambo Dorough (United States); Special Rapporteur on the right to development, Surya Deva (India); Special Rapporteur on the situation of human rights in the Russian Federation, Mariana Katzarova (Bulgaria); Working Group of Experts on People of African Descent, Bina D’costa (Bangladesh); and Working Group on Enforced or Involuntary Disappearances, Ana Lorena Delgadillo Perez (Mexico).

Concerning the situation of human rights in Myanmar, the Council adopted a resolution without a vote in which it decided to extend the mandate of the Special Rapporteur on the situation of human rights in Myanmar for a further period of one year.

On the situation of human rights in Ukraine stemming from the Russian aggression, the Council adopted a resolution by a vote of 28 in favour, 2 against and 17 abstentions in which it decided to extend the mandate of the Independent International Commission of Inquiry on Ukraine for a further period of one year. 

As for the mandate of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, the Council adopted a resolution without a vote in which it decided to renew the mandate of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance for a further period of three years.

With regard to the mandate of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action, the Council adopted a resolution by a vote of 45 in favour, 2 against and no abstentions in which it decided to renew the mandate of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action for a further period of three years.

Concerning technical assistance and capacity-building for Mali in the field of human rights, the Council adopted a resolution without a vote in which it decided to extend the mandate of the Independent Expert on the situation of human rights in Mali for a period of one year in order to permit him to continue to evaluate the situation of human rights in Mali and to provide his assistance in ensuring the promotion, protection and implementation of human rights and strengthening the rule of law.

On human rights in the occupied Syrian Golan, the Council adopted a resolution by a vote of 31 in favour, 14 against and 2 abstentions, in which it demanded that Israel, the occupying Power, immediately cease all settlement-related plans and activities in the occupied Syrian Golan, and that it stop its repressive measures against the Syrian citizens in the occupied Syrian Golan and release immediately the Syrian detainees in Israeli prisons.

Concerning the right of the Palestinian people to self-determination, the Council adopted a resolution by a vote of 41 in favour, 3 against and 3 abstentions in which it called upon Israel, the occupying Power, to immediately end its occupation of the Occupied Palestinian Territory, including East Jerusalem, and to reverse and redress any impediments to the political independence, sovereignty and territorial integrity of Palestine.

As for Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan, the Council adopted a resolution by a vote of 38 in favour, 4 against and 5 abstentions in which it calls upon Israel to comply with all its obligations under international law and to cease immediately all actions causing the alteration of the character, status and demographic composition of the Occupied Palestinian Territory, including East Jerusalem, and the occupied Syrian Golan.

With regard to combating intolerance, negative stereotyping and stigmatization of, and discrimination, incitement to violence and violence against, persons based on religion or belief, the Council adopted a resolution without a vote in which it called on all States to take effective measures to ensure that public functionaries do not discriminate against individuals on the basis of religion or belief, foster religious freedom and pluralism, encourage the representation and meaningful participation of individuals, irrespective of their religion, in all sectors of society, and make a strong effort to counter religious profiling.

Concerning technical assistance and capacity-building to improve the human rights situation in Haiti, in connection with a request from the authorities of Haiti for coordinated and targeted international action, the Council adopted a resolution without a vote (as orally revised) in which it requested the United Nations High Commissioner for Human Rights to appoint, without delay, for a renewable period of one year, a human rights expert tasked with monitoring, with the assistance of the Office of the High Commissioner and in collaboration with the United Nations Integrated Office in Haiti, the development of the human rights situation in Haiti.

On cooperation with Georgia, the Council adopted a resolution by a vote of 22 in favour, 4 against and 21 abstentions in which it requested the High Commissioner for Human Rights to continue to provide technical assistance through the Office of the United Nations High Commissioner for Human Rights in Tbilisi and to present to the Council an oral update on the follow-up to the present resolution at its fifty-third session.

As for technical assistance and capacity-building to improve human rights in Libya, the Council adopted a resolution without a vote as orally revised in which it requested the Office of the High Commissioner for Human Rights, in close consultation with the Libyan authorities, to provide technical assistance and capacity-building to Libya, with a view to improving further the situation of human rights in Libya.

With regard to technical assistance and capacity-building for South Sudan, the Council adopted a resolution without a vote in which it requested the Office of the High Commissioner for Human Rights, in cooperation with the Government of South Sudan and relevant mechanisms of the African Union, to step up technical assistance provided to the Government of South Sudan to urgently assist South Sudan in addressing human rights challenges in the post-conflict transition.

In concluding remarks, the President of the Human Rights Council, Václav Bálek, said the Council had started the session in winter and was now in spring.  There was no doubt that it had done enormous work.  He encouraged everyone to think during the next weeks about how to streamline the work of the Council and make sessions more sustainable and humane given the growing amount of work.  There would be more opportunities to discuss possible ideas about the Council’s efficiency after this session and during informal meetings during the year. 

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 fifty-third regular session of the Human Rights Council will be held from 19 June to 14 July 2023. 

Action on Resolutions Under Agenda Item Four on Human Rights Situations that Require the Council’s Attention

In a resolution (A/HRC/51/L.19) on the Situation of human rights in Myanmar, adopted without a vote, the Council decides to extend the mandate of the Special Rapporteur on the situation of human rights in Myanmar for a further period of one year; requests the Special Rapporteur to present an oral progress report to the Council at its fifty-third session and to submit a written report to the Third Committee of the General Assembly at its seventy-eighth session and to the Council at its fifty-fifth session, and also requests the Special Rapporteur to continue to monitor the situation of human rights in Myanmar; calls upon the United Nations to ensure that the Independent Investigative Mechanism for Myanmar is afforded the support and resources in terms of the staffing, location and operational freedom necessary to deliver on its mandate; and requests the High Commissioner for Human Rights, with the support of specialized experts, to monitor and assess the overall situation of human rights in Myanmar and to provide to the Council a written update, at its fifty-sixth session, and a comprehensive report, at its fifty-seventh session, to be followed by an interactive dialogue.

In a resolution (A/HRC/51/L.41/Rev.1) on the Situation of human rights in Ukraine stemming from the Russian aggression, adopted by a vote of 28 in favour, 2 against and 17 abstentions, the Council calls upon the Russian Federation to immediately end its human rights violations and abuses and violations of international humanitarian law in Ukraine, and calls for the strict observance of all human rights and fundamental freedoms and for the protection of civilians and critical civilian infrastructure in Ukraine; decides to extend the mandate of the Independent International Commission of Inquiry on Ukraine for a further period of one year; requests the Commission of Inquiry to provide an oral update to the Council at its fifty-fourth session, to be followed by an interactive dialogue, to submit a comprehensive report to the Council at its fifty-fifth session, to be followed by an interactive dialogue, and to submit a report to the General Assembly at its seventy-eighth session, to be followed by an interactive dialogue; and decides to remain actively seized of the matter.

The results of the vote were as follows:

In favour (28): Argentina, Belgium, Benin, Chile, Costa Rica, Cote d’Ivoire, Czechia, Finland, France, Gambia, Georgia, Germany, Lithuania, Luxembourg, Malawi, Malaysia, Maldives, Mexico, Montenegro, Nepal, Paraguay, Qatar, Romania, Somalia, Ukraine, United Arab Emirates, United Kingdom and United States. 
 
Against (2): China and Eritrea. 
 
Abstentions (17): Algeria, Bangladesh, Bolivia, Cameroon, Cuba, Gabon, Honduras, India, Kazakhstan, Kyrgyzstan, Morocco, Pakistan, Senegal, South Africa, Sudan, Uzbekistan and Vietnam. 

Action on Resolutions Under Agenda Item Seven on the Situation of Human Rights in Palestine and Other Occupied Arab Territories

In a resolution (A/HRC/51/L.31) on Human rights in the occupied Syrian Golan, adopted by a vote of 31 in favour, 14 against and 2 abstentions, the Council calls upon Israel, the occupying Power, to comply with the relevant resolutions of the General Assembly, the Security Council and the Human Rights Council, in particular Security Council resolution 497 (1981); demands that Israel, the occupying Power, immediately cease all settlement-related plans and activities in the occupied Syrian Golan; demands that Israel stop its repressive measures against the Syrian citizens in the occupied Syrian Golan and release immediately the Syrian detainees in Israeli prisons; determines that all legislative and administrative measures and actions taken or to be taken by Israel that seek to alter the character and legal status of the occupied Syrian Golan are null and void, constitute a flagrant violation of international law and of the Fourth Geneva Convention, and have no legal effect; requests the Secretary-General to … report on this matter to the Council at its fifty-fifth session; and decides to continue its consideration of the human rights violations in the occupied Syrian Golan at its fifty-fifth session.

The results of the vote were as follows:

In favour (31): Algeria, Argentina, Bangladesh, Benin, Bolivia, Chile, China, Costa Rica, Cote d’Ivoire, Cuba, Eritrea, Gabon, Gambia, India, Kazakhstan, Kyrgyzstan, Malaysia, Maldives, Mexico, Morocco, Nepal, Pakistan, Paraguay, Qatar, Senegal, Somalia, South Africa, Sudan, United Arab Emirates, Uzbekistan and Vietnam. 

Against (14): Belgium, Czechia, Finland, France, Georgia, Germany, Lithuania, Luxembourg, Malawi, Montenegro, Romania, Ukraine, United Kingdom and United States. 
 
Abstentions (2): Cameroon and Honduras. 

In a resolution (A/HRC/51/L.32) on the Right of the Palestinian people to self-determination, adopted by a vote of 41 in favour, 3 against and 3 abstentions, the Council calls upon Israel, the occupying Power, to immediately end its occupation of the Occupied Palestinian Territory, including East Jerusalem, and to reverse and redress any impediments to the political independence, sovereignty and territorial integrity of Palestine; calls upon all States to ensure their obligations of non-recognition, non-aid or assistance with regard to the serious breaches of peremptory norms of international law by Israel, in particular of the prohibition of the acquisition of territory by force, in order to ensure the exercise of the right to self-determination, and also calls upon them to cooperate further to bring, through lawful means, an end to these serious breaches and a reversal of the illegal policies and practices of Israel; urges all States to adopt measures as required to promote the realization of the right to self-determination of the Palestinian people, and to render assistance to the United Nations in carrying out the responsibilities entrusted to it by the Charter regarding the implementation of this right; and decides to remain seized of the matter.

The results of the vote were as follows:

In favour (41): Algeria, Argentina, Bangladesh, Belgium, Benin, Bolivia, Chile, China, Costa Rica, Cote d’Ivoire, Cuba, Eritrea, Finland, France, Gabon, Gambia, Georgia, Germany , Honduras, India, Kazakhstan, Kyrgyzstan, Luxembourg, Malawi, Malaysia, Maldives, Mexico, Montenegro, Morocco, Nepal, Pakistan, Paraguay, Qatar, Senegal, Somalia, South Africa, Sudan, Ukraine, United Arab Emirates, Uzbekistan and Vietnam. 

Against (3): Czechia, United Kingdom and United States. 
 
Abstentions (3): Cameroon, Lithuania and Romania. 

In a resolution (A/HRC/51/L.42) on Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan, adopted by a vote of 38 in favour, 4 against and 5 abstentions, the Council calls upon Israel to comply with all its obligations under international law and to cease immediately all actions causing the alteration of the character, status and demographic composition of the Occupied Palestinian Territory, including East Jerusalem, and the occupied Syrian Golan; also demands that Israel cease forthwith the works of construction of the wall being built in the Occupied Palestinian Territory, including in and around East Jerusalem; urges all States and international organizations to ensure that they are not taking actions that either recognize, aid or assist the expansion of settlements or the construction of the wall in the Occupied Palestinian Territory, including East Jerusalem; requests the High Commissioner for Human Rights to report on the implementation of the provisions of the present resolution to the Human Rights Council at its fifty-fifth session; and decides to remain seized of the matter.

The results of the vote were as follows:

 In favour (38): Algeria, Argentina, Bangladesh, Belgium, Benin, Bolivia, Chile, China, Costa Rica, Cote d’Ivoire, Cuba, Eritrea, Finland, France, Gabon, Gambia, Germany, Honduras, India, Kazakhstan, Kyrgyzstan, Luxembourg, Malaysia, Maldives, Mexico, Montenegro, Morocco, Nepal, Pakistan, Paraguay, Qatar, Senegal, Somalia, South Africa, Sudan, United Arab Emirates, Uzbekistan and Vietnam. 

Against (4): Czechia, Malawi, United Kingdom and United States. 
 
Abstentions (5): Cameroon, Georgia, Lithuania, Romania and Ukraine. 

Action Under Agenda Item Nine on Racism, Racial Discrimination, Xenophobia and Related Forms of Intolerance: Follow-Up to and Implementation of the Durban Declaration and Programme of Action

In a resolution (A/HRC/51/L.12) on the Mandate of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, adopted without a vote, the Council decides to renew the mandate of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance for a further period of three years; requests the Special Rapporteur to submit an annual report to the Council and to the General Assembly on all activities relating to the mandate; and decides to remain seized of this priority matter.

In a resolution (A/HRC/51/L.13) on the Mandate of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action, adopted by a vote of 45 in favour, 2 against and no abstentions, the Council decides to renew the mandate of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action for a further period of three years; further decides that the Chair of Working Group may call full-day informal intersessional consultations if needed to further enhance the elaboration of a draft United Nations declaration on the promotion of and full respect for the human rights of people of African descent; requests the Chair of the Working Group to submit an annual report on its sessions to the Council; requests the Chair of the Working Group to orally update and engage in an interactive dialogue with the General Assembly under the item entitled “Elimination of racism, racial discrimination, xenophobia and related intolerance” annually; and decides to remain seized of this priority matter.

The results of the vote were as follows:

In favour (45): Algeria, Argentina, Bangladesh, Belgium, Benin, Bolivia, Cameroon, Chile, China, Costa Rica, Cote d’Ivoire, Cuba, Czechia, Eritrea, Finland, France, Gabon, Gambia, Georgia, Germany, Honduras, India, Kazakhstan, Kyrgyzstan, Lithuania, Luxembourg, Malawi, Malaysia, Maldives, Mexico, Montenegro, Morocco, Nepal, Pakistan, Paraguay, Qatar, Romania, Senegal, Somalia, South Africa, Sudan, Ukraine, United Arab Emirates, Uzbekistan and Vietnam. 

Against (2): United Kingdom and United States. 
 
Abstentions (0):  

In a resolution (A/HRC/51/L.30) on Combating intolerance, negative stereotyping and stigmatization of, and discrimination, incitement to violence and violence against, persons based on religion or belief, adopted without a vote, the Council calls on all States to take effective measures to ensure that public functionaries do not discriminate against individuals on the basis of religion or belief, foster religious freedom and pluralism, encourage the representation and meaningful participation of individuals, irrespective of their religion, in all sectors of society, and make a strong effort to counter religious profiling; calls on States to adopt measures and policies to promote full respect for and protection of places of worship and religious sites, cemeteries and shrines, and to take measures in cases where they are vulnerable to vandalism or destruction; requests the High Commissioner to prepare and submit to the Council at its fifty-fifth session a comprehensive follow-up report with elaborated conclusions and views on potential follow-up measures; and calls for strengthened international efforts to foster a global dialogue for the promotion of a culture of tolerance and peace at all levels, based on respect for human rights and diversity of religion and belief.

Action on Resolutions Under Agenda Item 10 on Technical Assistance and Capacity Building

In a resolution (A/HRC/51/L.17/Rev.1) on Technical assistance and capacity-building to improve the human rights situation in Haiti, in connection with a request from the authorities of Haiti for coordinated and targeted international action, adopted without a vote (as orally revised), the Council requests the Office of the High Commissioner to cooperate with the Government of Haiti by providing technical assistance and support for capacity-building in the promotion and protection of human rights for the Haitian judiciary, security forces and prison administration; requests the United Nations High Commissioner for Human Rights to appoint, without delay, for a renewable period of one year, a human rights expert tasked with monitoring, with the assistance of the Office of the High Commissioner and in collaboration with the United Nations Integrated Office in Haiti, the development of the human rights situation in Haiti; also requests the High Commissioner to provide it, within the framework of an interactive dialogue with the participation of the human rights expert, with an interim report on the situation of human rights in Haiti for its consideration at its fifty-fourth session and a comprehensive report on the subject for its consideration at its fifty-fifth session; and decides to remain seized of the matter.

In a resolution (A/HRC/51/L.28) on Cooperation with Georgia, adopted by a vote of 22 in favour, 4 against and 21 abstentions, the Council requests the High Commissioner for Human Rights to continue to provide technical assistance through the Office of the United Nations High Commissioner for Human Rights in Tbilisi; demands that immediate and unimpeded access be given to the Office of the High Commissioner and international and regional human rights mechanisms to Abkhazia, Georgia and the Tskhinvali region/South Ossetia, Georgia; and requests the High Commissioner to present to the Council an oral update on the follow-up to the present resolution at its fifty-third session, and to present a report on developments relating to and the implementation of the present resolution at its fifty-fourth session.

The results of the vote were as follows:

In favour (22): Belgium, Chile, Costa Rica, Czechia, Finland, France, Gambia, Georgia, Germany, Honduras, Lithuania, Luxembourg, Malawi, Maldives, Mexico, Montenegro, Paraguay, Romania, Senegal, Ukraine, United Kingdom and United States. 

Against (4): Bolivia, China, Cuba and Eritrea. 
 
Abstentions (21): Algeria, Argentina, Bangladesh, Benin, Cameroon, Cote d’Ivoire, Gabon, India, Kazakhstan, Kyrgyzstan, Malaysia, Morocco, Nepal, Pakistan, Qatar, Somalia, South Africa, Sudan, United Arab Emirates, Uzbekistan and Vietnam. 

In a resolution (A/HRC/51/L.33) on Technical assistance and capacity-building to improve human rights in Libya, adopted without a vote (as orally revised), the Council requests the Office of the High Commissioner for Human Rights, in close consultation with the Libyan authorities, to provide technical assistance and capacity-building to Libya, with a view to improving further the situation of human rights in Libya, to assist the country in the implementation of its international human rights obligations and commitments, taking into account the work done by the Fact-Finding Mission on Libya, its reports and recommendations, where applicable, and to support Libya to promote and protect human rights, prevent violations thereof and ensure accountability for violations and abuses of human rights, in accordance with a national plan; requests the Office of the High Commissioner to present to the Council at its fifty-fifth session a report on the implementation of the present resolution, to be followed by an interactive dialogue; invites the Office of the High Commissioner to work closely with the Libyan authorities, the United Nations Support Mission in Libya, the African Union and all other relevant regional and international organizations; requests the Secretary-General to provide the Office of the High Commissioner with the resources necessary for the full implementation of the present resolution; decides to remain seized of the matter.

In a resolution (A/HRC/51/L.35) on Technical assistance and capacity-building for Mali in the field of human rights, adopted without a vote, the Council decides to extend the mandate of the Independent Expert on the situation of human rights in Mali for a period of one year in order to permit him to continue to evaluate the situation of human rights in Mali and to provide his assistance in ensuring the promotion, protection and implementation of human rights and strengthening the rule of law; calls upon all parties in Mali to cooperate fully with the Independent Expert and to help him carry out his mandate; requests the Independent Expert to submit a report to the Council at its fifty-fifth session; decides to hold a dialogue at its fifty-fifth session, in the presence of the Independent Expert and representatives of the Transitional Government of Mali, to assess the changes in the situation of human rights in the country, with a particular focus on the issues of the protection of persons who are victims of descent-based slavery; and decides to remain seized of this matter.

In a resolution (A/HRC/51/L.36) on Technical assistance and capacity-building for South Sudan, adopted without a vote, the Council requests the Office of the High Commissioner for Human Rights, in cooperation with the Government of South Sudan and relevant mechanisms of the African Union, to step up technical assistance provided to the Government of South Sudan to urgently assist South Sudan in addressing human rights challenges in the post-conflict transition, including by supporting the Government in the implementation of the recommendations accepted in the context of the universal periodic review; also requests the Office of the High Commissioner to present to the Council, at its fifty-fourth session, an oral update, including on progress made, to be followed by an interactive dialogue, with the participation of representatives of the African Union, and to present a comprehensive report to the Council at its fifty-fifth session, to be followed by an interactive dialogue; and decides to remain seized of the matter.

 

Link: https://www.ungeneva.org/en/news-media/meeting-summary/2023/04/le-conseil-des-droits-de-lhomme-acheve-les-travaux-de-sa

 

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