Human Rights Council Adopts 14 Texts, Extends Mandates on South Sudan, a Clean Environment, the Right to Privacy, and on Cultural Rights

The Human Rights Council this afternoon adopted one decision and 13 resolutions, extending mandates on South Sudan, the human right to a clean environment, the right to privacy, and on cultural rights.

Other texts adopted concerned the postponement of the implementation of certain activities mandated by the Human Rights Council; the right to food; foreign debt; unilateral coercive measures; support systems to ensure community inclusion of persons with disabilities; the right to work; the role of States in countering the negative impact of disinformation; adequate housing as a component of the right to an adequate standard of living; effective national legislative, administrative, judicial or other measures to prevent acts of torture; and the prevention of genocide.

In a resolution on advancing human rights in South Sudan, adopted by a vote of 21 in favour, 8 against and 18 abstentions, the Council decided to extend the mandate of the Commission on Human Rights in South Sudan, composed of three members, for a further period of one year, and requested the Commission to present a comprehensive written report on the situation of human rights in South Sudan to the Council at its fifty-eighth session, to be followed by an enhanced interactive dialogue.

The Council decided to renew the mandate of the Special Rapporteur on the human right to a clean, healthy and sustainable environment for a period of three years, and requested the Special Rapporteur to conduct country visits and to submit an annual report, including conclusions and recommendations, to the Council and to the General Assembly.

The Council also decided to extend the mandate of the Special Rapporteur on the right to privacy for a period of three years and called on all States to assist the Special Rapporteur in the performance of the mandate.

It decided to renew, for a period of three years, the mandate of the Special Rapporteur in the field of cultural rights, to enable the mandate holder to continue to work in accordance with the mandate established by the Council.

The Council adopted a decision to postpone and reschedule the implementation of certain activities mandated by the Council that could not be implemented in 2024 owing to the current liquidity crisis affecting the United Nations Secretariat.

On the right to food, the Council stressed that the international community should provide the assistance necessary to increase food production and access to food, and requested the Special Rapporteur on the right to food to report annually on the implementation of the mandate to the Council and the General Assembly.

In a resolution on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights, adopted by a vote of 31 in favour, 12 against and 4 abstentions, the Council urged States, international financial institutions and the private sector to take urgent measures to alleviate the debt problem and to address the debt sustainability of developing countries.

In a resolution on the negative impact of unilateral coercive measures on the enjoyment of human rights, adopted by a vote of 32 in favour, 14 against and one abstention, the Council requested the Special Rapporteur to identify and propose concrete measures to ensure the removal of unilateral coercive measures in her next report to the Council and to the General Assembly.  The Council also requested the Office of the High Commissioner to organise a biennial panel discussion on the impact of unilateral coercive measures and overcompliance on the right to food and food security.

On support systems to ensure community inclusion of persons with disabilities, the Council requested the Office of the High Commissioner to present an oral report to the Council on the implementation of the United Nations Disability Inclusion Strategy across its programmes and operations.  It requested the Office of the High Commissioner to prepare its next annual thematic study on the rights of persons with disabilities and digital technologies, and to prepare its subsequent study on disability inclusive infrastructure.  Further, it requested the Secretary-General to prepare and submit to the Council a study defining the administrative procedures and budget required to make all Council resolutions accessible.

Regarding the right to work, the Council decided to organise a panel discussion on the realisation of the rights to work and to social security in the informal economy.  It also requested the Office of the High Commissioner for Human Rights to prepare an analytical report on the realisation of the rights to work and to social security in the informal economy and to submit the report to the Council.

Concerning the role of States in countering the negative impact of disinformation on the enjoyment and realisation of human rights, the Council requested its Advisory Committee to conduct a study and to prepare a report on the impact of disinformation on the enjoyment and realisation of human rights, and to present it to the Council.  It also requested the Office of the High Commissioner for Human Rights to convene a half-day expert workshop to promote tools and approaches to counter disinformation. 

Regarding adequate housing as a component of the right to an adequate standard of living, and the right to non-discrimination in this context, the Council called upon States to prohibit all forms of discrimination, including against persons with disabilities, in the context of the right to adequate housing.  It also invited States and other relevant stakeholders to contribute to the development of the guidelines on resettlement by the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living.

On effective national legislative, administrative, judicial or other measures to prevent acts of torture, the Council urged States to become parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Optional Protocol thereto as a matter of priority and called upon States parties to ensure their effective implementation.

In a resolution on the prevention of genocide, adopted without a vote, the Council decided to convene, at its fifty-eighth session, a panel discussion on early warning and genocide prevention and requested the Secretary-General to prepare a follow-up report and recommendations based on information provided by States and other stakeholders on early warning and genocide prevention, and to submit the report to the Council and to the General Assembly.  It also invited the Special Adviser on the Prevention of Genocide to an interactive dialogue with the Council on the progress made in discharging her duties.

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-fifth regular session can be found here.

The Council will resume its work at 9:30 a.m. on Thursday, 4 April, to continue to take action on draft resolutions and decisions before concluding its fifty-fifth session on Friday, 5 April.

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

In a decision (A/HRC/55/L.27) on the Postponement of the implementation of certain activities mandated by the Human Rights Council, adopted without a vote (as orally revised), the Council, taking note of information that certain activities mandated by the Council cannot be implemented in 2024, or as scheduled for the fifty-fifth and fifty-sixth sessions of the Council, owing to the current liquidity crisis affecting the United Nations Secretariat, decides to postpone the implementation of the mandated activities that cannot be implemented by the Office of the High Commissioner and to reschedule them in accordance with the timelines specified in the annex to the present decision.

Action on Resolution 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/55/L.20/Rev.1) on Advancing human rights in South Sudan, adopted by a vote of 21 in favour, 8 against and 18 abstentions, the Council encourages the Government and other actors to engage with the Commission on Human Rights in South Sudan with a view to implementing the recommendations made in its report; decides to extend the mandate of the Commission on Human Rights in South Sudan, composed of three members, for a further period of one year; requests the Commission to present a comprehensive written report on the situation of human rights in South Sudan to the Council at its fifty-eighth session, to be followed by an enhanced interactive dialogue, which should also include the participation of the High Commissioner for Human Rights; also requests the Commission to present its latest report, in combination with an oral update on its work, to the General Assembly at its seventy-ninth session, followed by an interactive dialogue; requests the Office of the High Commissioner to provide all the administrative, technical and logistical support and personnel necessary to enable the Commission to carry out its mandate; requests the Secretary-General to provide all the resources necessary to enable the Office of the High Commissioner to provide such administrative, technical and logistical support; and calls upon States and other stakeholders to continue to support efforts to further improve the situation of human rights in the South Sudan.

The results of the vote are as follows:

In favour (21): Albania, Argentina, Belgium, Bulgaria, Chile, Costa Rica, Dominican Republic, Finland, France, Georgia, Germany, Honduras, Japan, Kyrgyzstan, Lithuania, Luxembourg, Montenegro, Netherlands, Paraguay, Romania and United States.

Against (8): Algeria, Burundi, China, Cote d’Ivoire, Cuba, Eritrea, Somalia and Sudan 

Abstentions (18): Bangladesh, Benin, Brazil, Cameroon, Gambia, Ghana, India, Indonesia, Kazakhstan, Kuwait, Malawi, Malaysia, Maldives, Morocco, Qatar, South Africa, United Arab Emirates and Viet Nam.

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/55/L.1/Rev.1) on the Mandate of the Special Rapporteur on the human right to a clean, healthy and sustainable environment, adopted without a vote, the Council decides to renew the mandate of the Special Rapporteur on the human right to a clean, healthy and sustainable environment, for a period of three years; requests the Special Rapporteur to conduct country visits and to submit an annual report, including conclusions and recommendations, to the Council and to the General Assembly; calls upon all States, United Nations agencies, non-governmental organizations, the private sector and national human rights institutions to cooperate fully with the Special Rapporteur; and requests the United Nations High Commissioner for Human Rights to ensure that the Special Rapporteur receives the resources necessary to enable them to discharge their mandate fully.

In a resolution (A/HRC/55/L.2) on the Mandate of the Special Rapporteur on the right to privacy, adopted without a vote, the Council decides to extend the mandate of the Special Rapporteur on the right to privacy for a period of three years under the same terms as provided for by the Council in its resolution 46/16 of March 23, 2021.  The Council also calls on all States to assist the Special Rapporteur in the performance of the mandate; and requests the Secretary-General and the United Nations High Commissioner for Human Rights to provide the necessary human and financial resources for the effective fulfilment of the mandate.

In a resolution (A/HRC/55/L.3) on the Right to food, adopted without a vote, the Council expresses deep concern that 345 million people suffered severe food insecurity in 2023 and 783 million suffered from extreme hunger, according to the World Food Programme; takes note of the report of the Special Rapporteur on the right to food; recognises the contributions of peasants, smallholders, family farmers, and other people working and living in rural areas and artisanal and small-scale fishermen in all regions of the world to development and in ensuring the right to food, food security and nutrition; and stresses that the primary responsibility of States is to promote and protect the right to food, including in humanitarian emergencies, and that the international community should provide the assistance necessary to increase food production and access to food.  The Council calls upon all States to consider reviewing any policy or measure that could have a negative impact on the right to food, before instituting such a policy or measure.  Finally, the Council requests the Secretary-General and the High Commissioner for Human Rights to continue to provide all resources necessary for the effective fulfilment of the mandate of the Special Rapporteur and requests the Special Rapporteur to report annually on the implementation of the mandate to the Council and the General Assembly, in accordance with their programmes of work.

In a resolution (A/HRC/55/L.4) on the Mandate of the Special Rapporteur in the field of cultural rights, adopted without a vote, the Council decides to renew, for a period of three years, the mandate of the Special Rapporteur in the field of cultural rights, to enable the mandate holder to continue to work in accordance with the mandate established by the Council in its resolution 10/23 of 26 March 2009; and also decides to continue its consideration of the matter under the same agenda item, in accordance with its programme of work.

In a resolution (A/HRC/55/L.5) on the Effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights, adopted by a vote of 31 in favour, 12 against and 4 abstentions, the Council takes note with appreciation of the report of the Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights; reiterates its call on States, international financial institutions and private creditors to participate in and implement the enhanced programme of debt relief without further delay; urges States, international financial institutions and the private sector to take urgent measures to alleviate the debt problem and to address the debt sustainability of developing countries; requests the United Nations High Commissioner for Human Rights to pay more attention to the problem of the debt burden of developing countries, in particular of least developed countries; and requests the Independent Expert to continue to report regularly to the Human Rights Council and the General Assembly, and for the Secretary-General to provide the Independent Expert with all necessary resources to carry out her functions.

The results of the vote are as follows:

In favour (31): Algeria, Bangladesh, Benin, Brazil, Burundi, Cameroon, Chile, China, Costa Rica, Cote d’Ivoire, Cuba, Dominican Republic, Eritrea, Gambia, Ghana, Honduras, India, Indonesia, Kazakhstan, Kuwait, Kyrgyzstan, Malawi, Malaysia, Maldives, Paraguay, Qatar, Somalia, South Africa, Sudan, United Arab Emirates and Viet Nam.

Against (12): Albania, Bulgaria, Finland, France, Georgia, Germany, Japan, Lithuania, Montenegro, Netherlands, Romania and United States. 

Abstentions (4): Argentina, Belgium, Luxembourg and Morocco.

In a resolution (A/HRC/55/L.7) on the Negative impact of unilateral coercive measures on the enjoyment of human rights, adopted by a vote of 32 in favour, 14 against and 1 abstention, the Council recognises that unilateral coercive measures, inter alia in the form of economic sanctions, and secondary sanctions have far-reaching implications for the human rights of the general population of targeted States, disproportionately affecting the poor and persons in the most vulnerable situations, and underlines that under no circumstances should people be deprived of their basic means of survival or access to critical infrastructure, services and goods.  The Council requests the Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights to continue her work on identifying and proposing concrete measures to ensure the removal of unilateral coercive measures affecting the enjoyment of human rights of victims, and on the human rights impact of secondary sanctions and overcompliance, and to focus on the resources and compensation necessary to promote accountability and reparations for victims in her next report to the Human Rights Council, at its fifty-seventh session, and to the General Assembly, at its seventy-ninth session.  The Council also requests the Office of the High Commissioner to organise a biennial panel discussion, to be held at the sixtieth session of the Council, on the impact of unilateral coercive measures and overcompliance on the right to food and food security and requests the Special Rapporteur to act as rapporteur of the panel discussion and to prepare a report, to be presented to the Council at its sixty first session.  Finally, the Council requests the Secretary-General to provide the assistance necessary to the Special Rapporteur to fulfil her mandate effectively.

In favour (32): Algeria, Bangladesh, Benin, Brazil, Burundi, Cameroon, Chile, China, Costa Rica, Cote d’Ivoire, Cuba, Dominican Republic, Eritrea, Gambia, Ghana, Honduras, India, Indonesia, Kazakhstan, Kuwait, Kyrgyzstan, Malawi, Malaysia, Maldives, Morocco, Paraguay, Qatar, Somalia, South Africa, Sudan, United Arab Emirates and Viet Nam.

Against (14): Albania, Belgium, Bulgaria, Finland, France, Georgia, Germany, Japan, Lithuania, Luxembourg, Montenegro, Netherlands, Romania and United States. 

Abstentions (1): Argentina.

In a resolution (A/HRC/55/L.8/Rev.1) on Support systems to ensure community inclusion of persons with disabilities, adopted without a vote, the Council requests the Office of the High Commissioner to present an oral report to the Council on the implementation of the United Nations Disability Inclusion Strategy across its programmes and operations at its fifty-ninth and sixty-second sessions, with international sign interpretation and captioning, and also requests the Office to make its report to the Secretary-General on the Strategy publicly available in an easy-to-read version and in an accessible format; requests the Office of the High Commissioner to prepare its next annual thematic study on the rights of persons with disabilities and digital technologies, and to prepare its subsequent study on disability inclusive infrastructure, in consultation with States and other relevant stakeholders, with the studies to be made available in accessible format on the website of the Office of the High Commissioner, prior to the fifty-eighth and sixty-first sessions of the Council; requests the Secretary-General to prepare and submit to the Council, at its fifty-ninth session, a study defining the administrative procedures and budget required to make all Council resolutions accessible, including in easy-to-understand language, in consultation with and ensuring the active engagement and participation of persons with disabilities and their representative organizations, as well as relevant United Nations entities and other stakeholders such as civil society; and requests the Secretary-General to continue to ensure that the work of the Office of the High Commissioner with respect to the rights of persons with disabilities and the Committee on the Rights of Persons with Disabilities are adequately resourced for the fulfilment of their tasks.

In a resolution (A/HRC/55/L.10) on the Right to work, adopted without a vote, the Council calls upon States to ensure the effective protection of the right to freedom of association with others for the promotion and protection of one’s economic and social interests; put in place cohesive and comprehensive policies and to take the legislative and administrative measures necessary for the full realisation of the right to work for all, including women; continue their efforts to prevent and combat all forms of discrimination, violence and harassment, including sexual exploitation, abuse and harassment at the workplace; decides to organise during its fifty-eighth session a panel discussion on the realisation of the rights to work and to social security in the informal economy, in the context of sustainable and inclusive economies, and invites relevant United Nations agencies, funds and programmes, and other stakeholders to contribute actively to the panel discussion; and requests the Office of the High Commissioner for Human Rights to prepare an analytical report on the realisation of the rights to work and to social security in the informal economy, based on the panel discussion, and to submit the report to the Council at its sixtieth session.

In a resolution (A/HRC/55/L.11) on the Role of States in countering the negative impact of disinformation on the enjoyment and realisation of human rights, adopted without a vote, the Council invites States to improve access to diverse and verifiable sources of information, and to take measures to close digital divides and to ensure the safety of journalists and media workers online and offline; requests the Human Rights Council Advisory Committee to conduct a study and to prepare a report on the impact of disinformation on the enjoyment and realisation of human rights, and to present it to the Council at its sixty-first session; requests the Office of the United Nations High Commissioner for Human Rights, in consultation with the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, to convene, before the fifty-ninth session of the Human Rights Council, a half-day expert workshop, open to the participation of all relevant stakeholders, to review the methods used to disseminate disinformation and to promote tools and approaches to counter these challenges while protecting and reinforcing human rights standards, and to make the workshop fully accessible to persons with disabilities, and requests the Advisory Committee to present an oral update on its preparation of the above-mentioned report during the expert workshop; also requests the Office of the High Commissioner to submit a summary report thereon to the Human Rights Council at its sixty-first session; and decides to remain seized of the matter.

In a resolution (A/HRC/55/L.12) on Adequate housing as a component of the right to an adequate standard of living, and the right to non-discrimination in this context, adopted without a vote, the Council calls upon States to implement the 2030 Agenda for Sustainable Development, including target 11.1, and in this context urges States to adopt, in consultation with relevant stakeholders, inclusive and cross-sectoral strategies that are disability-inclusive and respect, protect and fulfil the human rights of all; to prohibit all forms of discrimination, including against persons with disabilities, in the context of the right to adequate housing as a component of the right to an adequate standard of living by public and private entities; to provide an effective remedy and equal access to justice and administrative procedures in complementing judicial recourses for all for violations and abuses in the context of the realisation of the right to adequate housing; invites States and other relevant stakeholders to contribute to the development of the guidelines on resettlement by the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context; and decides to continue its consideration of this matter under the same agenda item.

In a resolution (A/HRC/55/L.15) on Torture and other cruel, inhuman or degrading treatment or punishment: effective national legislative, administrative, judicial or other measures to prevent acts of torture, adopted without a vote, the Council emphasises that States must take persistent, determined and effective measures to prevent and combat all acts of torture and other cruel, inhuman or degrading treatment or punishment; urges States to become parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Optional Protocol thereto as a matter of priority, and calls upon States parties to ensure their effective implementation; urges States to consider establishing, appointing, maintaining or enhancing independent and effective mechanisms to undertake monitoring visits to places of detention and other places under State jurisdiction and control where persons are or may be deprived of their liberty; urges States concerned to comply with binding orders of the International Court of Justice related to their obligations under the Convention against Torture; and invites the Special Rapporteur on torture and other relevant special procedures, within their respective mandates, to take the present resolution into account in their future work.

In a resolution (A/HRC/55/L.16) on the Prevention of genocide, adopted without a vote, the Council decides to convene, at its fifty-eighth session, a panel discussion on early warning and genocide prevention and requests the Office of the High Commissioner to liaise with stakeholders with a view to encouraging their participation at the meeting, and also requests the Office of the High Commissioner to ensure that the panel discussion is accessible to persons with disabilities; requests the Secretary-General to prepare a follow-up report and recommendations based on information provided by States and other stakeholders on the implementation of the provisions of the present resolution, with particular focus on early warning and genocide prevention, and to submit the report to the Council at its sixty-second session and to the General Assembly; invites the Special Adviser on the Prevention of Genocide to an interactive dialogue with the Council at its fifty-ninth session on the progress made in discharging her duties; and decides to continue its consideration of this issue in accordance with its programme of work.

Link: https://www.ungeneva.org/en/news-media/meeting-summary/2024/04/human-rights-council-adopts-14-texts-extends-mandates-south

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