Human Rights Council Starts Interactive Dialogue on the Promotion of a Democratic and Equitable International Order

The Human Rights Council this afternoon started an interactive dialogue with the Independent Expert on the promotion of a democratic and equitable international order. It also concluded the interactive dialogue with the Independent Expert on the enjoyment of all human rights by older persons.

Livingstone Sewanyana, Independent Expert on the promotion of a democratic and equitable international order, said that the current tragic events in Ukraine and beyond were a powerful reminder that international peace and security in general could not be fully secured without achieving nuclear disarmament, revitalising the international community’s commitment to arms control and disarmament, and reducing military expenditure in favour of sustainable development. Multilateralism through dialogue, diplomacy, negotiation, and inclusiveness, and based on collective responsibility, was the sole path for solving conflicts and maintaining international peace and security, and, more generally, for overcoming all the global challenges facing humankind. To this end, the sanctity of the Charter of the United Nations must be preserved and upheld.

In the ensuing discussion, speakers said that the current global situation made the maintenance of international peace and security very difficult. Global problems such as the COVID-19 pandemic and climate change needed to be addressed through global cooperation. The respect for and promotion of fundamental human rights were crucial to upholding international peace and security. Some speakers said the theme of reform of the Security Council went beyond the mandate of the Independent Expert.

Speaking were Sovereign Order of Malta, Cuba, Maldives, UN Women, Panama, Russian Federation, Namibia, China, Malaysia, Bangladesh, Timor-Leste, Pakistan, Bolivia, Botswana, India, Malawi, Iran, Oman, Armenia, Organization of Islamic Cooperation, Cambodia, Venezuela, and Indonesia.

Also speaking were Youth Parliament for SDG, and China Foundation for Human Rights Development.

At the beginning of the meeting, the Council concluded its interactive dialogue with

Claudia Mahler, Independent Expert on the enjoyment of all human rights by older persons.

Ms. Mahler, in concluding remarks, said the current human rights legal framework offered safeguards that were applicable for all humans, including older persons, but it lacked specific recognition of ageism and age discrimination, and this was a gap that weakened the protection of older persons. A specific mechanism within the treaty body system would help to promote and protect the rights of older persons.

Raising awareness among Member States was vital because ageist attitudes were still too prevalent. Intergenerational solidarity should also be encouraged to increase support for older persons. Strong leadership and political will were needed to draft and implement an international convention on the enjoyment of all human rights by older persons.

In the discussion on the rights of older persons, some speakers said the pandemic had highlighted the vulnerability of older persons in various contexts, in particular with regard to the restriction of their liberty, such as when placed in care homes where they could suffer from violence and neglect. Ageism, combined with the deprivation of liberty, posed a serious threat to the enjoyment of human rights by older persons, and required international as well as national plans to eliminate these phenomena. Some speakers pointed out that the mandate covered the rights of older persons, and said it was superfluous to include concepts that had not been decided at inter-Governmental level, such as gender identity and minority groups, which were irrelevant to many countries which did not share such neo-liberal views.

Speaking in the interactive dialogue were Cuba, Iraq, Luxembourg, Maldives, Austria, United Arab Emirates, Malta, Venezuela, Russian Federation, China, Armenia, Chile, Malaysia, Cameroon, United States, Indonesia, United Kingdom, Bangladesh, Benin, South Sudan, Saudi Arabia, Nepal, Italy, Ukraine, United Republic of Tanzania, Angola, Azerbaijan, Bulgaria, Mali, Algeria, Portugal, Kenya, United Nations Population Fund, Togo, Dominican Republic, Malawi, Serbia, Holy See, Philippines, Colombia, Organization of Islamic Cooperation, Jamaica, Zambia, Mozambique, Bhutan, Oman, Bosnia and Herzegovina, Iran, Mexico, Botswana, Cambodia, and Sudan.

Also speaking were Burundi Commission Nationale Indépendante des droits de l'homme, Indian National Human Rights Commission, and National Human Rights Commission of Nigeria. The following non-governmental organizations also took the floor: International Network for the Prevention of Elder Abuse, Association pour la Défense des Droits de Développement Durable et du Bien-être Familial, Association for the Prevention of Torture, Asian-Pacific Resource and Research Centre for Women, Associazione Comunita Papa Giovanni XXIII, Tamil Uzhagam, Asociacion HazteOir.org, Human Rights Watch, and China Society for Human Rights Studies.

Speaking in right of reply at the end of the meeting were Armenia, China, Cuba, Israel, and Azerbaijan.

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 next meeting of the Human Rights Council will be at 10 a.m. on Tuesday, 20 September, when it will conclude the interactive dialogue with the Independent Expert on the promotion of a democratic and equitable international order, after which it will hold the interactive dialogue with the Working Group on Enforced Disappearances, followed by the interactive dialogue with the Working Group on the Use of Mercenaries.

Interactive Dialogue with the Independent Expert on the Enjoyment of All Human Rights by Older Persons

The interactive dialogue with Claudia Mahler, Independent Expert on the enjoyment of all human rights by older persons, started in the previous meeting and a summary can be found here.

Discussion

In the continuing discussion, speakers said it was important for all governments to continue to promote and prioritise the rights of older persons, as they should be protected from legal exclusion. There should be a legal framework to protect their rights at the international level, given the aging population of the world as a whole. The transmission of knowledge and know-how should be ensured through the protection of older persons, as should their being able to live in safety and dignity. The United Nations should help States, given the lack of financial resources, to establish means of combatting ageism and negative stereotypes. The pandemic had highlighted their vulnerability in various contexts, in particular with regard to the restriction of their liberty, such as when placed in care homes where they could suffer from violence and neglect.

Any deprivation of liberty should respect the human rights and dignity of the person involved, however, progress needed to be made in the context of older persons. Ageism, combined with the deprivation of liberty, posed a serious threat to the enjoyment of human rights by older persons, and required international as well as national plans to eliminate these phenomena. It was important to strengthen the United Nations machinery in order to support national networks for older persons, which had been highly impacted by the pandemic. Support should also be given to the Open-Ended Working Group on Aging. The adoption and implementation of non-discriminative policies should take place to ensure that older persons could live an autonomous and dignified life. The world must move beyond societies that excluded people merely because they had grown older.

Some speakers pointed out that the mandate covered the rights of older persons, and said it was superfluous to include concepts that had not been decided at the inter-Governmental level, such as gender identity and minority groups, which were irrelevant to many countries which did not share such neo-liberal views. Further, the speakers said, there were already international instruments which could cover the rights of older people, and there was thus no need for a further such instrument.

Interim Remarks

CLAUDIA MAHLER, Independent Expert on the enjoyment of all human rights by older persons, said she recognised the need of States for further guidance to eliminate ageism. Inequalities got aggravated in later life. She welcomed Bangladesh’s invitation for a country visit.

Data on older persons deprived of liberty was scarce and collected irregularly across the world. No data on ethnicity or race had been shared with the mandate. There was also a lack of studies or data on older persons deprived of liberty because of immigration-related issues or those in care settings. Age was a social construct and needed to be considered in cases of deprivation of liberty or regarding access to public services. Screening assessments of older persons when entering places of deprivation of liberty were necessary to ensure that such persons were provided with appropriate support.

States had a duty to establish safeguards to ensure informed consent of older persons, especially in the context of care arrangements and legal guardianship, and should build the capacity of older persons to make use of health care-related information in an easy and understandable language, as well in accessible format. States needed to guarantee older persons’ right to independence and autonomy. Older persons were part of the current human rights system, but were often overlooked. The system could be improved if older persons could be included in the treaty bodies system and the Universal Periodic Review.

Discussion

Some speakers said while all persons deprived of liberty were in a situation of vulnerability, older persons were more likely to face the risk of human rights violations. There should be age-friendly activities and healthcare provided to all older persons in detention. The gender nature of ageing played a significant role, as women were impacted differently, suffering from multi-sectoral types of discrimination. Ageism intersecting with other issues could also lead to discriminatory laws. A gender lens should be applied to identify discrimination and other barriers faced by older women. It was up to States, individually and collectively, to ensure the freedom of older persons and ensure the protection and promotion of their human rights.

Older persons should not be treated merely as a vulnerable group, but rather as a resource for society as a whole, and thus inter-generational solidarity, partnership and exchange should be encouraged to a greater extent, as this also reduced marginalisation. National, regional and international instruments for human rights should be profoundly anchored on the bedrock of respect for the human rights of all persons, including older persons, who, too often, were overlooked. The rights of older people should not stay on the back seat of discussions on the protection and promotion of human rights.

Concluding Remarks

CLAUDIA MAHLER, Independent Expert on the enjoyment of all human rights by older persons , said in concluding remarks that she was thankful for the support expressed for the renewal of the mandate, and for the invitation to visit the Dominican Republic.

The current human rights legal framework offered safeguards that were applicable for all humans, including older persons, but it lacked specific recognition of ageism and age discrimination, and this was a gap that weakened the protection of older persons. A specific mechanism within the treaty body system would help to promote and protect the rights of older persons. Ms. Mahler said she had worked to address gaps in the current human rights framework. Raising awareness among Member States was vital because ageist attitudes were still too prevalent. Intergenerational solidarity should also be encouraged to increase support for older persons. The prevalence of stereotypes related to age exacerbated the situation of older persons. The absence of age discrimination protections in the current human rights framework was also of serious concern. Strong leadership and political will was needed to draft and implement an international convention on the enjoyment of all human rights by older persons.

Interactive Dialogue with the Independent Expert on the Promotion of a Democratic and Equitable International Order

Report

The Council has before it the report of the Independent Expert on the promotion of a democratic and equitable international order (A/HRC/51/32).

Presentation of Report

LIVINGSTONE SEWANYANA, Independent Expert on the promotion of a democratic and equitable international order, said owing to the current highly volatile international peace and security situation which endangered a democratic and equitable international order, and in light of several damning precedents, the report focused on some of the main challenges and issues at stake in relation to maintaining and strengthening international peace and security at the global level from the perspective of the mandate, and possible ways to overcome them. Full and unconditional respect for international law, including international human rights law and international humanitarian law, was the condition sine qua non for realising a peaceful, prosperous, resilient and just international order. The current tragic events in Ukraine and beyond were a powerful reminder that international peace and security in general could not be fully secured without achieving nuclear disarmament, revitalising the international community’s commitment to arms control and disarmament, and reducing military expenditure in favour of sustainable development.

Addressing challenges to international peace and security also meant undertaking long-overdue reform of some key United Nations bodies. In order to address successfully the challenges facing international peace and security and all other global challenges, including the current COVID-19 pandemic and climate change, it was vital that the views of people throughout the world could be articulated and heard clearly in global affairs. To this end, people should be more effectively and directly included, and allowed to participate better, in the activities of the United Nations, in line with the recent pledge made by Member States. Multilateralism through dialogue, diplomacy, negotiation, and inclusiveness, and based on collective responsibility, was the sole path for solving conflicts and maintaining international peace and security, and, more generally, for overcoming all the global challenges facing humankind. To this end, the sanctity of the Charter of the United Nations must be preserved and upheld.

Discussion

Some speakers said that the current global situation made the maintenance of international peace and security very difficult. Others noted that global problems such as the COVID-19 pandemic and climate change needed to be addressed through global cooperation. Structural imbalances and economic inequalities threatened the right to self-determination, one speaker said.

Many speakers called for multilateral diplomacy to promote peace, including South-South, North-South and triangular cooperation. States needed to follow the United Nations Charter and international human rights law. The respect for and promotion of fundamental human rights were crucial to upholding international peace and security. Some speakers called on States to promote disarmament. There was a need to repeal discriminatory laws and promote the rights of women and girls, young people, older people, persons with disabilities, ethnic minorities and other minority groups through multilateralism. Some speakers expressed support for the Expert’s proposed reform of the Security Council.

One speaker rejected the findings of the report, saying that its description of the source of the conflict in Ukraine was distorted. The theme of reform of the Security Council went beyond the mandate of the Independent Expert, the speaker said. Another speaker said that unilateral coercive measures were threats to international peace and security. States needed to abandon zero-sum game logic and focus on win-win policies.

Interim Remarks

LIVINGSTONE SEWANYANA, Independent Expert on the promotion of a democratic and equitable international order, said full peace and security were the bedrock for development, sustainable development, as well as the sustaining of humanity. When the United Nations Charter was adopted, a framework for international peace and security had been created, and it required total compliance. When States deviated from it, and exercised unilateralism in their decisions, then they threatened the world’s order. On a number of occasions, the Russian delegation had noted that he often went beyond his mandate with regard to reform of the United Nations Security Council. He respectfully reiterated to the Russian delegation that article 14 of the United Nations resolution 18/6, which set up the mandate, made it very clear that the question of human rights, democracy, rule of law, peace and security in the entire world was within the ambit of the mandate. Suggesting reform was therefore within the mandate, and the Russian delegation should consider the reforms suggested in the report in a good spirit, in order to foster peace and security throughout the globe.

Discussion

The Council then continued its interactive dialogue, with some speakers presenting national efforts made to address crises such as the COVID-19 pandemic, the food security crisis, and climate change, and to promote peace internationally. One speaker expressed concern about acts that violated the civil and political rights of individuals internationally, such as the international arms trade and financial support for overseas conflicts, and called for multilateral cooperation to prevent such acts.

There was a need to work together in times of crisis, and for dialogue to promote the universality of human rights. International human rights, humanitarian law and the United Nations Charter needed to be upheld to achieve peace. International disputes needed to be resolved through peaceful means. A speaker said that there was a need to develop a mechanism for promoting international peace and security. The global financial infrastructure needed to be revised to promote peace and the achievement of the Sustainable Development Goals, another speaker said.

One speaker said unilateral coercive measures and financial support of international crimes jeopardised international peace and security. The international community needed to reject such policies. Another speaker said that States were increasingly favouring unilateralism over multilateralism, which encouraged international conflicts. The international community needed to speak out against unilateralism, the speaker said.

Link: https://ungeneva.unog.un.org/en/news-media/meeting-summary/2022/09/afternoon-human-rights-council-starts-interactive-dialogue