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Statement by the President of the Human Rights Council, Joachim Ruecker at the Permanent Council of the Organization of American States
Washington, 9 July 2015

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09 July 2015

Sr. Presidente del Consejo Permanente de la OEA, Su Excelencia Sr. Hugo Cayrús,
Excelencias,
Distinguidos delegados,
Damas y caballeros,

Es un gran honor para mí estar hoy aquí, en mi calidad de Presidente del Consejo de Derechos Humanos de Naciones Unidas. And I thank for the invitation, under the Uruguayan Chairmanship, to address the Permanent Council of the Organization of American States. I would like to use this opportunity to commend the active engagement of the countries of the region in the Human Rights Council.

This is the first time a President of the Human Rights Council is invited to the Organization of American States, and I am particularly grateful that it takes place during my Presidency, and only one week after the Human Rights Council has finished its 29th session.

UN Secretary General, Ban Ki-moon, two years ago, standing in this very same place, noted that in our increasingly integrated world, cooperation between the United Nations and regional organizations was not just an aspiration, it was a necessity. I cannot but to echo these words.

Regional arrangements play an important role in promoting and protecting human rights and in reinforcing universal human rights standards. Since its creation in 2016, the Human Rights Council has been increasingly cooperating with regional mechanisms.  

During the first weeks of my mandate, back in February, I had the opportunity to address the Council of Europe. Six months after having assumed the Presidency of the Human Rights Council, I am glad to stand before you to brief you on our agenda, the priorities for the year and the challenges the Human Rights Council faces.

Excellencies
Ladies and gentlemen,

The Organization of American States is the world’s oldest regional organization and a pioneer in many fields. It is worth mentioning that the American Declaration of the Rights and Duties of Man predates even the Universal Declaration of Human Rights. Today, our systems are closely intertwined – some human rights standards are recognized and codified at the Inter-American system level before they are advanced at the international level.

The Human Rights Council and in particular its special procedures mechanisms have a long standing practice of cooperation with the Inter-American system. This is reflected in joint country visits, joint statements, the participation in regional consultations or in regular workshops, like the ones organized under Human Rights Council resolutions on “Regional arrangements for the promotion and protection of human rights”.

One of the latest examples of this cooperation is last May’s joint declaration on freedom of expression and responses to conflict situation, made by the UN and OAS Special Rapporteurs on Freedom of Expression, together with the respective mechanisms of the African Commission on Human and Peoples’ Rights and the Organization for Security and Co-operation in Europe.

All these activities are essential to identify trends, challenges and protection gaps as well as to share best practices and lessons learnt. I am convinced that this fruitful collaboration between the Human Rights Council’s mechanisms and the mechanisms of the Inter-American system will be further reinforced following the Joint Declaration between the Office of the United Nations High Commissioner for Human Rights and the General Secretariat of the Organization of American States.

I am glad to note that among other things, the declaration foresees an exchange of information with Human Rights Council mechanisms, such as the special procedures mandate holders and with the Universal Periodic Review, as well as co-operation in assisting OAS Member States in the implementation of their recommendations.

Excellencies,
Ladies and gentlemen,

Some have criticized the Human Rights Council for exceeding its mandate; others for not living up to its responsibilities. Although there is always room for improvement, I believe that there is much that the Human Rights Council can be proud of.

The Human Rights Council was established, with a view to promote universal respect for the protection of all human rights and fundamental freedoms for all, without distinction of any kind and in a fair and equal manner, and to address situations of violations of human rights, including gross and systematic violations.

Its work and decisions have a real impact on the ground. The Human Rights Council has managed to shed light on human rights issues and situations, to point out existing protection gaps, to raise awareness, monitor situations and to advance the recognition of international standards.

It is also a unique platform where all stakeholders can have a genuine dialogue and where “the public”, civil society, has a voice.

Our special procedure mechanisms, “the eyes and the ears” of the Council, as qualified by some, can be considered as one of the most important mechanisms at the international level for the promotion and protection of human rights.  79 independent mandate holders report, monitor, advise and provide recommendations on human rights issues from either a thematic or a country-specific perspective.

In their endeavor, the special procedures dispose of a variety of tools: presentations of annual reports to the Council, reception of petitions of victims on alleged violations, communications and urgent appeals to States, and country visits. In connection with this last point, I would like to praise the trend in the region to extend standing invitations to our special procedures.

We are also especially proud of the participation of civil society in our work. This makes our Council unique among other UN intergovernmental organizations. During our institution building process, back in 2007, it was agreed that NGOs with ECOSOC consultative status should be a central participant in our debates.  Civil Society is at the core of human rights and therefore, at the core of our work.  It is of utmost importance that we maintain a climate of non-intimidation for human rights defenders.

Another rather unique feature of the Council is our Universal Periodic Review mechanism. The human rights situation and commitments of all United Nations member States, without exception, are assessed through this mechanism every four and a half years. In 2012, the mechanism entered into its second cycle, which will be concluded by autumn next year. Its continued 100% participation rate is particularly noteworthy and is a reflection of the importance attached to this mechanism.

I would like to inform you that two countries of the OAS will undergo their second review by this mechanism next November: Paraguay and Saint Kitts and Nevis. And six are scheduled for 2016: Suriname, Saint Vincent and the Grenadines, Antigua and Barbuda, Trinidad and Tobago, the Bolivarian Republic of Venezuela and Haiti.

As the third cycle approaches, it is now a good time to start drawing some conclusions on its impact on the ground and on which direction we should take in this new cycle ahead. One of its main challenges remains implementing accepted recommendations, especially in light of their growing numbers, enabling real improvements in the human rights situation in the countries concerned.

The Universal Periodic Review is a peer to peer mechanism, but civil society is an essential actor in ensuring the implementation of recommendations.

If we take a closer look at the recommendations issued, we can identify nine main topics, which are also of particular interest for the region: human rights treaties, women’s rights, the rights of the child, torture and other cruel treatment, justice, detention conditions, human rights education and capital punishment.

 

Excellencies,
Ladies and gentlemen,

At this stage, let me now provide a brief update on our last session, which was held from 15 June to 3 July.

On the first day of the session we benefited from an Enhanced Interactive Dialogue on the human rights of migrants. This is a topic of crucial significance to all countries. It demonstrated the responsiveness of the Council to current crises. Indeed, the issue of migration has an important place in the agenda of the Human Rights Council, including through the work of the Special Rapporteur. The Latin-American countries played a central role in this discussion, by putting forward timely resolutions. Together with the traditional initiative on migration, which this year focuses on migrants in transit, the Council also adopted last week a resolution on “Unaccompanied migrant children and adolescents and human rights”.

In total, we heard from 21 special procedures mandate holders, presenting crucial reports on themes such as violence against women, discrimination against women, internally displaced persons, freedom of assembly and association, independence of judges and lawyers, right to health, summary executions, racial discrimination, extreme poverty, international solidarity, right to education and freedom of expression.

While the globe witnesses persisting terrorist attacks, the ongoing threat by terrorism also featured prominently throughout the session. Not only did we have an interactive dialogue with the Special Rapporteur on the protection of human rights while countering terrorism, we also held a Panel discussion on the effects of terrorism on the enjoyment of human rights, and we heard an oral update on Boko Haram's violations and abuses of human rights- as a follow-up to the Special Session we held last April.

The Commissions of Inquiry on Gaza and on Eritrea delivered their reports and we also had an oral update by the Commission of Inquiry on the Syrian Arab Republic.

All in all, we adopted 25 resolutions and 1 President’s statement. We also appointed 6 special procedures mandate holders, among them, two newly established: the Independent Expert on the enjoyment of human rights by persons with albinism and the Special Rapporteur on the right to privacy.

I would like highlight that most of the texts were adopted by consensus, despite difficult and long negotiations. This affirmed, once more, the Human Rights Council’s capacity to overcome political difference through dialogue. Dialogue is one of our most precious commodities. I sincerely hope that this spirit of dialogue, this spirit of Geneva, will also prevail in the forthcoming sessions.

 

Excellencies,
Ladies and gentlemen,

Much of the Council’s work is thematic, focusing on human rights standards and norms. However, the Council also pays considerable attention to country-specific situations, either from a monitoring perspective or through technical cooperation, such as in the case of the Independent Expert on the situation of human rights in Haiti.

The members of the Organization of American States have been very active in sponsoring some of the Council’s thematic mandates. Issues such as freedom of expression, rights of the child, women’s rights, sale of children, human rights of migrants, indigenous peoples, racisms, disability, truth, justice and reconciliation, health, extreme poverty, older persons and countering terrorism are solidly anchored on the agenda of the Human Rights Council.

You might be also interested to hear that the Human Rights Council’s Expert Mechanism on Indigenous Peoples will hold its 8th session from 20 to 24 July. The Council requested it to prepare a study on the promotion and protection of the rights of indigenous peoples with respect to their cultural heritage, including through their participation in political and public life. And at the September session of the Human Rights Council, we will have a panel discussion on the follow-up to and implementation of the outcome of the World Conference on Indigenous Peoples, and its implications for the achievement of the goals of the United Nations Declaration on the Rights of Indigenous Peoples.

Excellencies,
Ladies and gentlemen,

Some say the Council is becoming a victim of its own success. I cannot deny that this is partly true. The Council has experienced an exponential growth of its resolutions and initiatives. Some in Geneva even call it “the inflation of our agenda”. I believe that we cannot only measure our success based on how many hours we work or how many resolutions we adopt per session. What really matters is the difference we make in people’s lives.

Let me just mention some figures as an example. The total number of texts adopted by the Council has increased by 160% since its creation in 2006. 36 weeks of meetings over 52 weeks were scheduled for 2015. This includes 10 weeks allocated to Council’s three regular sessions at March, June and September. In addition to this, during every Council session, more than a hundred side-events and parallel meetings are organized. This trend is becoming unsustainable not only for delegations but also for the Secretariat.

As other organizations, the Human Rights Council faces a delicate dilemma: how to balance the need to fully implement is mandate while at the same dealing with resource constraints. This is of particular complexity, taking into account that only three percent of the UN budget is devoted to human rights.

When I was appointed president-elect last December, I outlined three priorities for my Presidency: strengthening the relations between New York and Geneva and improving Council’s efficiency and its effectiveness. These priorities are the natural result of the very valuable cross-regional reflections and recommendations, which have been made throughout the years.

During the first six months of my mandate, I have been focusing on the first two aspects. On one hand, I have tried to foster synergies between New York and Geneva while enhancing our visibility and striving for adequate funding. On the other hand, the informal discussions around the Council’s efficiency have crystallized in the adoption -last Friday- of a Presidential Statement, reflecting on our functionality with a view to increasing efficiency. The steps taken are moderate but important.  For the next six months, I intend to focus on the third of my priorities: the effectiveness of the Council.

Despite the internal challenges we face, I am deeply convinced that the Human Rights Council is moving in the right direction. Rest assured that the Council will continue to address human rights violations whenever and wherever they occur, and that we will not spare any effort to effectively fulfil de mandate the UN General Assembly entrusted us nearly 10 years ago.

Muchas gracias por su atención.

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