At the 59th Human Rights Council session, civil society organisations share reflections on key outcomes and highlight gaps in addressing crucial issues and situations. Full written version below.
We join others who have expressed grave concern about the UN’s financial situation throughout the session. We deplore that we are in this position primarily due to the failure of some States to pay their assessed contributions in full and on time. We regret that this crisis is currently affecting the Council’s ability to deliver its mandate. Today, UN Member States are sending a clear message that human rights and their implementation are optional and not inalienable. We call on all States to pay their dues to the UN in full and without delay, both now and in future years, and strengthen the human rights pillar of the UN by substantially increasing its regular budget. [see: https://humanrightsdefenders.blog/tag/united-nations/]
We welcome the Council’s decision to renew, once more, the Mandate of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, following a call from more than 1,259 organisations from 157 countries and territories. While the mandate was supported by the overwhelming majority of Council members, we regret that a mandate focusing on core human rights issues such as freedom from violence and discrimination was once again put for a vote.
We welcome the adoption of the resolution on civil society space. The resolution acknowledges important civil society initiatives such as Declaration +25 and addresses key and emerging trends such as strategic lawsuits against public participation (SLAPPs), the phenomenon of transnational repression, and foreign funding legislation, as well as other restrictive legislation including counter-terrorism legislation. We regret, however, that language on transnational repression has been weakened throughout the negotiations and does not take a step forward in terms of defining the phenomenon and its patterns. ..
We welcome the adoption of the resolution on human rights and climate change in relation to climate finance. As acknowledged by the resolution, climate finance is a tool for addressing climate change and it is also important for the enjoyment of human rights when finance prioritises equity, climate justice, social justice, inclusion and just transition processes. … We also regret that, notwithstanding the support expressed by numerous delegations, this resolution is blatantly silent in recognising the positive, important, legitimate and vital role that environmental human rights defenders (EHRDs) play in the promotion and protection of human rights and the environment, particularly in the context of climate change. As recognised by the HRC resolution 40/11, EHRDs are one of the most exposed and at risk around the world. The Inter-American Court on Human Rights has recently ruled in its Advisory Opinion on “Climate Emergency and Human Rights” that EHRDs play a fundamental role due to the urgency, gravity and complexity to address the climate emergency. We will not have climate justice without consulting, listening and including EHRDs in climate actions and initiatives, including this annual resolution.
We express our support for a new strong resolution on the safety of journalists, adopted by consensus and co-sponsored by over 70 countries from all world regions, signalling a renewed international commitment to prevent, protect and remedy all human rights violations against journalists. The resolution becomes the first across the UN to recommend a range of concrete, specific measures to
It is concerning that the Council could not find consensus on the resolution on access to medicines, vaccines and other health products. States should acknowledge that intellectual property rights can be a barrier for access to health products, especially in public health emergencies and should act with a view to finding human-rights compliant solutions. States should further ensure that the benefits of scientific progress is available, accessible, acceptable and of good quality to all people, without discrimination.
We welcome the resolution on new and emerging digital technologies and human rights. The resolution reaffirms the need for human rights due diligence and impact assessments throughout the life cycle of new and emerging digital technologies, and crucially calls upon States to refrain from or cease the use of artificial intelligence applications that are impossible to operate in compliance with international human rights law. The resolution importantly mandates OHCHR to expand its work on UN system-wide promotion, coordination, and coherence on matters related to human rights in new and emerging digital technologies.
We welcome the rejection by the Council of an unprecedented, harmful draft resolution (L.1/Rev.1) presented in bad faith by Eritrea to discontinue the mandate of the Special Rapporteur. The voting result (25 against, 4 in favour) is clear and will deter similar initiatives to terminate mandates. The Pandora’s Box remains closed for now. We welcome the adoption of resolution L.7, which extends the mandate of the Special Rapporteur and enables continued scrutiny of Eritrea‘s dire human rights situation.
We welcome the adoption by consensus of the resolution on the situation of human rights of Rohingya Muslims and other minorities in Myanmar—a strong signal of the Council’s continued prioritization of their plight. As violence between the Myanmar military and Arakan Army escalates, Rohingya face renewed existential threats. We recognize the efforts made to align the resolution closer to the evolving situation on the ground, including its recognition of the role of Arakan Army along with the Myanmar military in perpetuating violence and targeting Rohingya. We also welcome the resolution’s acknowledgment of the worsening humanitarian crisis due to dwindling aid that is driving more Rohingya to risk dangerous journeys by sea. The call for protection of Rohingya across borders and respect for non-refoulement is vital. We support the resolution’s emphasis on accountability and reparations as prerequisites for safe, voluntary, and dignified return of Rohingya refugees. However, we regret its failure to call for an end to arms and jet fuel sale and transfers that continue to fuel ongoing violence.
We emphasize the vital role of investigative mechanisms and, in the context of the UN’s liquidity crisis, we urge all those involved, including the Secretary-General and the High Commissioner, to allocate sufficient resources for these mechanisms to operate. All UN Member States must pay their dues in full and on time. As the conflict in Sudan, now in its third year, shows no sign of abating, resulting in the world’s largest displacement crisis and egregious atrocities against civilians, the work of the Fact-Finding Mission (FFM) should continue. At HRC60, extending its mandate will be a priority.
We continue to deplore this Council’s exceptionalism towards serious human rights violations in China, including crimes against humanity. In his global update to this Council session, High Commissioner Türk indicated he remains ‘concerned about lack of progress on much-needed legal reform to ensure compliance with international human rights law’ and ‘regret[s] that there has not yet been a resolution to the individual cases [the OHCHR has] raised]’. It is imperative that the Council take action commensurate with the gravity of UN findings, by establishing a monitoring and reporting mechanism on China as repeatedly urged by over 40 UN experts since 2020. We urge China to genuinely engage with the UN human rights system to enact meaningful reform, and ensure all individuals and peoples enjoy their human rights, on the basis of recommendations from the OHCHR Xinjiang report, UN Treaty Bodies, and UN Special Procedures.
This Council’s continued silence on the human rights crisis in Egypt remains of major concern. The human rights situation in Egypt is worse than at any point in its modern history and continues to deteriorate. During its UPR process, Egypt rejected or dismissed as “already implemented” recommendations related to serious human rights violations 134 times. In particular, Egypt either rejected or dismissed recommendations to release political prisoners and end arbitrary arrests 12 times, to stop attacks against independent civil society and journalists 19 times, and to end torture and ill-treatment 6 times. The goverment also refused to ensure accountability for those who have committed torture and other human rights violations 7 times, and rejected or dismissed recommendations to halt violance and discrimination against women, minorities and members of the LGBT+ community 25 times, including repeatedly rejecting calls to criminalize marital rape, as well as forced virginity and anal exams. In this context, action by the HRC to address these violations is as important as ever.
Watch the video of the statement below:
Signatories:
- African Centre for Democracy and Human Rights Studies (ACDHRS)
- Asian Forum for Human Rights and Development (FORUM-ASIA)
- Cairo Institute for Human Rights Studies (CIHRS)
- CIVICUS
- Egyptian Initiative for Personal Rights (EIPR)
- Franciscans International
- International Federation for Human Rights (FIDH)
- International Service for Human Rights (ISHR)
- World Uyghur Congress (WUC)
This post was originally published on Hans Thoolen on Human Rights Defenders and their awards.