عودة


Human Rights Council closes fortieth session after adopting 29 resolutions, including on Syrian Arab Republic, Nicaragua, And Occupied Palestinian Territory

عودة

22 رجب, 1440

ROUNDUP

Extends Eight Country Mandates including on Myanmar, Islamic Republic of Iran, South Sudan, and Democratic People’s Republic of Korea; Renews Mandates on the Right to Food, Freedom of Religion or Belief, and Human Rights while Countering Terrorism; and Appoints Members of the Expert Mechanism on the Rights of Indigenous Peoples 

GENEVA (22 March 2019) - The Human Rights Council this afternoon concluded its fortieth regular session, during which it addressed a wide range of human rights issues with numerous human rights experts, working groups and investigative bodies, adopted the outcomes of the Universal Periodic Review of 14 States, and heard statements from 93 dignitaries during its high-level segment, including from the President of Tunisia, Chairman of the African Union, First Vice-President of Costa Rica, and the Prime Ministers of Yemen and Fiji.

United Nations Secretary-General António Guterres addressed the Council at its opening session on 25 February, and the United Nations Deputy Secretary-General Amina Mohammed engaged with the Council on 7 March.

The Council heard from 33 independent experts, including four commissions of inquiries (South Sudan, Syrian Arab Republic, Burundi, and the 2018 large-scale civilian protests in the occupied Palestinian territory), and heard presentations of over 100 reports addressing 39 themes and 50 country situations.  The Council filled four vacancies of Special Procedure mandate holders, and adopted 29 resolutions on a wide range of themes as well as on human rights situations in the Syrian Arab Republic, Myanmar, South Sudan, Democratic People’s Republic of Korea, Islamic Republic of Iran, the occupied Palestinian territory, and Mali.

The Council extended, for a period of three years, the mandates of the Special Rapporteur the right to food, the Special Rapporteur on freedom of religion or belief, and the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism.

By a vote of 28 in favour, five against and 14 abstentions, the Council extended, for a period of one year, the mandate of the Independent International Commission of Inquiry on the Syrian Arab Republic and deplored the fact that the conflict in this country continued in its ninth year with its devastating impact on the civilian population.  It further extended, for a further period of one year, the mandate of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran by a vote of 22 in favour, seven against and 18 abstentions, the mandate of the Commission on Human Rights in South Sudan, and the mandate of the Special Rapporteur on the situation of human rights in Myanmar, by a vote of 37 in favour, three against and seven abstentions.

As for the situation of human rights in the Democratic People’s Republic of Korea, the Council decided to extend, for another year, the mandate of the Special Rapporteur, and to continue to strengthen for a period of two years the capacity of the Office of the United Nations High Commissioner for Human Rights, including its field-based structure in Seoul, to allow the implementation of relevant recommendations made by the group of independent experts on accountability in the Democratic People’s Republic of Korea.

The Council requested, by a vote of 23 in favour, three against and 21 abstentions, the High Commissioner for Human Rights to present an oral update on the human rights situation in Nicaragua at the next session and a comprehensive written report at the September 2019 session, while on Sri Lanka, it demanded her Office to continue to assess progress relating to reconciliation, accountability and human rights and to report to the Council in March 2020 and in March 2021.

The Council adopted five texts on the human rights situation in the occupied Palestinian territory.  It demanded, by a vote of 23 in favour, eight against and 15 abstentions, the United Nations High Commissioner for Human Rights to strengthen the field presence in the occupied Palestinian territory to monitor and document the ongoing violations of international law in the context of large-scale civilian protests in accordance with the findings of the independent international commission of inquiry on this issue.  By a vote of 32 in favour, five against and 10 abstentions, it requested the United Nations High Commissioner for Human Rights to report to the Council at its March 2020 session on the implementation of the resolution on Israeli settlements in the occupied Palestinian territory with particular emphasis on the policies and practices linked to the settlement enterprise that discriminated against the Palestinian population.  The Council further adopted a text on the human rights in the occupied Syrian Golan by a vote of 26 in favour, five against and 16 abstentions, a text on the right of the Palestinian people to self-determination by a vote of 41 in favour, three against and two abstentions, and a text on the human rights situation in the Occupied Palestinian Territory, including East Jerusalem, adopted by a vote of 39 in favour, three against and five abstentions.

In the context of technical assistance and capacity-building, the Council extended the mandate of the Independent Expert on the situation of human rights in Mali for a period of one year and decided to hold a dialogue at its forty-third session to assess the evolution of the human rights situation with a particular focus on the participation of civil society.  It further requested the High Commissioner to present an oral update on the situation of human rights in Libya at the forty-second session and report on the implementation of technical assistance and capacity-building to support the efforts of the Government of National Accord to prevent and ensure accountability for violations and abuses of human rights at the Council’s March 2020 session.  By a vote of 19 in favour, three against and 25 abstentions, the Council requested the High Commissioner to continue to provide technical assistance through her office in Tbilisi, Georgia and to present an oral update at the Council’s forty-first session and a written report at its forty-second session.

The Council decided to focus its next annual full-day meeting on the rights of the child on the theme “Realizing the rights of the child through a healthy environment” and invited its President to consider the theme “Thirty years of implementation of the Convention on the Rights of the Child: challenges and opportunities” for the annual high-level panel discussion on human rights mainstreaming to be held at the Council’s session in March 2020.  As for the third session of the Forum on Human Rights, Democracy and the Rule of Law in 2020, the Council decided that its theme will be “Equal access to justice for all: a necessary element of democracy, rule of law and human rights protection”.

By virtue of adopted resolutions, the Council requested the United Nations High Commissioner for Human Rights and her Office to organize a panel discussion entitled “The way forward to a United Nations declaration on the negative impact of unilateral coercive measures on the enjoyment of all human rights, including the right to development” at the forty-second session; prepare a report on the intersection of race and gender discrimination in sports and present it at the forty-fourth session; and, by a vote of 27 in favour, 14 against and six abstentions, to disseminate the guiding principles on human rights impact assessments of economic reforms presented during the session by the Independent Expert on the effects of foreign debt.  In a text adopted by a vote of 31 in favour, two against and 14 abstentions, the Council requested its Advisory Committee to hold a one-day meeting in Geneva in April or May 2019 to seek the views of regional and international experts and organizations in preparation of the study on the possibility of utilizing non-repatriated illicit funds.

The Council also adopted texts on combating intolerance, negative stereotyping and stigmatization of, and discrimination, incitement to violence and violence against, persons based on religion or belief; the promotion of the enjoyment of the cultural rights of everyone and respect for cultural diversity; the contribution of environmental human rights defenders to the enjoyment of human rights, environmental protection and sustainable development; and the question of the realization in all countries of economic, social and cultural rights.

Ambassador Coly Seck of Senegal, President of the Council, opened the fortieth session on 25 February, during which the Council heard an address by United Nations Secretary-General António Guterres, who said that although the human rights agenda was losing ground in many parts of the globe, there were also powerful movements for human rights that moved all to believe in change.  He thanked the Council for its focus on climate change, the greatest challenge of all, and said that his Climate Summit on 23 September would seek to mobilize action by political leaders, the business community, and civil society. 

Michelle Bachelet, United Nations High Commissioner for Human Rights, said the universal appeal of human rights standards stemmed from their roots in many cultures and traditions and that these norms had proved their value in preventing calamity, and constructing safety, resilience, fairness, social cohesion and peace.  The Council also heard from María Fernanda Espinosa Garcés, President of the seventy-third session of the United Nations General Assembly, and Ignazio Cassis, Head of the Federal Department of Foreign Affairs of Switzerland.  During its three-day high-level segment, the Council heard senior dignitaries from 88 States and five international and regional organizations, including the President of Tunisia, Chairman of the African Union, First Vice-President of Costa Rica, and Prime Ministers of Yemen and Fiji.  Other dignitaries addressed the Council in the course of the four-week session.

The Council held four high-level panel discussions, on human rights mainstreaming and multilateralism; on human rights violations related to the use of the death penalty in particular with respect to the rights to non-discrimination and equality; on the rights of persons with disabilities and habilitation and rehabilitation to enable persons with disabilities to attain and maintain maximum independence; and on the mitigation and countering of rising nationalist populism and extreme supremacist ideologies, in commemoration of the International Day for the Elimination of Racial Discrimination.  The annual full-day meeting on the rights of the child addressed the questions of the empowerment of children with disabilities by realizing their rights and the good practices and accountability in the inclusion of children with disabilities in educational settings.  During the session, the Council adopted the outcomes of the Universal Periodic Review of Saudi Arabia, Senegal, Republic of the Congo, Nigeria, Mexico, Mauritius, Jordan, Malaysia, Central African Republic, Monaco, Belize, Chad, China, and Malta; and heard addresses by the Foreign Ministers of the Marshall Islands and Haiti.

Nine general debates were held during the session, on the High Commissioner’s oral update on 20 March; on the promotion and protection of all human rights on 8 and 11 March; on human rights situations that require the Council’s attention on 12 March; on human rights bodies and mechanisms on 13 March; on the Universal Periodic Review on 15 March; on the human rights situation in Palestine and other occupied Arab territories, and on follow-up to and implementation of the Vienna Declaration and Programme of Action on 18 March; on racism and racial discrimination on 19 March; and on technical assistance and capacity-building on 21 March.

The Council appointed four Special Procedure mandate holders as members of the Expert Mechanism on the Rights of Indigenous Peoples, Belkacem Lounes (Algeria) from the African region, Rodion Sulyandziga (Russia) from the Central and Eastern Europe, Russia, Central Asia, and Transcaucasia region, Erika Yamada (Brazil) from the Central and South America, and the Caribbean region, and Megan Davis (Australia) from the Pacific region.

The Council adopted its report of the fortieth session ad referendum.

In concluding remarks, Coly Seck of Senegal, President of the Human Rights Council, emphasized the crucial contribution of civil society to the work of the Council and rejected all acts of intimidation and repression against a group or individual that cooperated or wanted to cooperate with the Council.

Documentation, statements, resolutions and reports relating to this and all Human Rights Council sessions are available on its webpage.  Detailed, speaker-by-speaker coverage of every public meeting, in English and in French, can be found on the website of the United Nations Office at Geneva.

The fortieth session of the Human Rights Council was held in Geneva from 25 February to 22 March 2019.  The forty-first session will be held in the Human Rights and Alliance of Civilizations Room of the Palais des Nations in Geneva from 24 June to 12 July 2019.

Summary of the Programme of Work

Session Opening

Ambassador Coly Seck of Senegal, President of the Council, opened the fortieth session on 25 February.  In his address to the Council, United Nations Secretary-General António Guterres, stressed that the Council was the epicentre for international dialogue and cooperation on the protection of all human rights, and warned that the human rights agenda was losing ground in many parts of the globe.  But there were also powerful movements for human rights, he said, as youth, indigenous people, migrants and refugees were making their voices heard; journalists were fearlessly getting the stories out; and women were standing up and saying: me, too.  The Secretary-General thanked the Council for its focus on climate change, the greatest challenge of all, and said that his Climate Summit on 23 September would seek to mobilize action by political leaders, the business community, and civil society. 

Michelle Bachelet, United Nations High Commissioner for Human Rights, in her remarks, called for “courage and vision” from State leaders to advance both the interests of humanity and the national interest of their own countries, stressing that human rights-based policies deliver better outcomes across the social and economic spectrum – and beyond borders.   There could not be optimal, sustainable, or inclusive development when voices of civil society were absent, she said.  Each session of the Council was an opportunity to renew commitment to human rights, especially at the moment when the most basic principles of multilateralism were threatened, said María Fernanda Espinosa Garcés, President of the seventy-third session of the United Nations General Assembly, who also called for an urgent action to tackle climate change.  Ignazio Cassis, Head of the Federal Department of Foreign Affairs of Switzerland, noted that this year, the world marked the hundredth anniversary of the League of Nations, the first organized effort to maintain peace, and said that it was important to draw lessons from this journey and explain them to young people.

First Week of the Session (25 February to 1 March)

During the three-day high-level segment, which followed the session opening, senior dignitaries from 88 countries and five international organizations – including the President of Tunisia, Chairman of the African Union, First Vice-President of Costa Rica, and Prime Ministers of Yemen and Fiji – presented to the Council national efforts to promote and protect human rights.  Human rights and liberal freedoms were under pressure around the world and this made it even more vital for the Council to deliver on its mandate and make a real difference on the ground.  Greater efforts were needed to achieve the Council’s aims, they said, stressing the critical importance of prevention, credibility, and multilateralism.

The Council held its annual high-level panel discussion on human rights mainstreaming, with a focus on human rights in the light of multilateralism: opportunities, challenges and the way forward on Monday 25 February and the high-level panel on the death penalty on Tuesday 26 February, during which it discussed human rights violations related to the use of the death penalty, in particular with respect to the rights to non-discrimination and equality. 

On Thursday 28 February, the Council held a clustered discussion with the Special Rapporteur on the right to food on the rights of fishery workers and their contribution to food security of others and with the Independent Expert on the effects of foreign debt on the enjoyment of human rights who presented guiding principles on human rights impact assessments of economic reforms, and also discussed the situation of human rights defenders, and the relationship between corruption and torture or ill-treatment with the two Special Rapporteur.  The week concluded with a clustered dialogue on Friday, 1 March with the Special Rapporteur on the right to privacy, whose report explored issues in intelligence oversight, and with the Special Rapporteur in the field of cultural rights on the tenth anniversary of her mandate and strategies to advance cultural rights during the next decade, and a discussion with the Special Rapporteur on the promotion and protection of human rights while countering terrorism on global challenges of protecting civic space in the continued expansion of measures to counter terrorism and prevent violent extremism.

Second Week of the Session (4 to 8 March)

The Council started the second week of the session with the annual full-day meeting on the rights of the child, discussing the empowerment of children with disabilities by realizing their rights, and the good practices and accountability in the inclusion of children with disabilities in educational settings.  Also on Monday 4 March, the Council debated the right to breathe clean air and the negative impact of air pollution on the enjoyment of human rights, and access to justice in relation to the right to adequate housing with the respective mandate-holders.  On Tuesday 5 March, the Council dialogued with the Special Rapporteur on freedom of religion or belief, whose report explored restrictions and limitations on freedom of expression in relation to religion or belief, and with the Special Rapporteur on the sale of children, child prostitution and child pornography who presented a thematic study on the sale and sexual exploitation of children in the context of sports.  With the two Special Representatives of the Secretary-General, on violence against children and on children in armed conflict, the Council discussed the 30th anniversary of the adoption of the Convention on the Rights of the Child and efforts to safeguard children’s freedom from violence in connection advancing the 2030 Agenda for Sustainable Development, as well as the protection of children abducted by parties to conflict and children of or recruited as foreign fighters.  It also started a clustered dialogue with the Special Rapporteur on the rights of persons with disabilities on her thematic study on disability-specific forms of deprivation of liberty, and with the Independent Expert on the enjoyment of human rights by persons with Albinism on the right to access to justice for persons with albinism, which concluded on Wednesday 6 March.

That day, the United Nations High Commissioner for Human Rights, Michelle Bachelet, presented her annual report on the activities of her Office, and in her oral update to the Council on recent human rights developments, she focused on the detrimental impact of inequalities on all three of the United Nations’ pillars, peace and security, development, and human rights.  The annual interactive debate on the rights of persons with disabilities focused on the obligations of States to organize and extend comprehensive habilitation and rehabilitation services and programmes to enable persons with disabilities to attain maximum independence.

The United Nations Deputy Secretary-General, Amina Mohammed addressed the Council on Thursday 7 March and held an interactive discussion with the delegations.  The Deputy Secretary-General saluted the Council’s outstanding contribution to human rights and to the 2030 Agenda, which she said was a pledge to go beyond “business as usual” to address emerging global challenges: climate change, peace and security, migration, inequality, including gender inequality, multidimensional poverty, and youth unemployment.  The Council also held an interactive discussion with the High Commissioner for Human Rights, Michelle Bachelet on the annual report of her Office and the oral update on human rights developments that she delivered the previous day.

On Friday 8 March, the Council heard the presentation of thematic reports of the United Nations High Commissioner for Human Rights and her Office and the reports of the Secretary-General; as well as the report of the open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights on its fourth session and the summary report on the first intersessional meeting for dialogue and cooperation on human rights and the 2030 Agenda for Sustainable Development held on 16 January 2019, during which poor governance, insufficient resource mobilization, and corruption  were cited as obstacles to implementation.  The Council heard an address by the Minister for Foreign Affairs of the Marshall Islands, and started its general debate on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, which concluded on Monday 11 March.

Third Week of the Session (11 to 15 March)

As the third week of the session opened, the Council took up its agenda item 4 - human rights situations that require the Council’s attention.  It held an interactive dialogue with the Special Rapporteur on the situation of human rights in Myanmar who said that no significant progress had been observed on human rights concerns raised in previous reports to the Council.  It also engaged with the Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea who highlighted the serious human rights and humanitarian situation in the country, including a worrying shortage of food which affected over 10 million people representing 43 per cent of the population.  During the discussion on the situation of human rights in the Islamic Republic of Iran, the Special Rapporteur highlighted, inter alia, the issue of the death penalty for children and the serious impact of re-imposed United States’ sanctions on economic and social rights, especially the right to health.  Opening the enhanced interactive dialogue on the situation of human rights in Eritrea, also held on Monday 11 March, Kate Gilmore, Deputy High Commissioner for Human Rights urged Eritrea to size the signing of the peace agreement with Ethiopia that ended the 20-years stalemate and propel the urgently needed reforms to uplift the human rights of its people, while the Special Rapporteur on the situation of human rights in Eritrea welcomed the country’s membership in the Human Rights Council and stressed that progress in promoting civil and political rights must be a critical part of its road to development.

On Tuesday 12 March, the Council engaged with the Commission on Human Rights in South Sudan whose report concluded that, despite the signing of the peace agreement, violations including rape and sexual violence continued to occur in this country, including those that might amount to international crimes.  The Independent International Commission of Inquiry on the Syrian Arab Republic, during the interactive discussion, painted a stark reality of human rights violations and the absence of the rule of law and stressed that the plans for return of the 6.2 million internally displaced persons and 5.6 million refugees must incorporate a human rights-based approach.  The Council also dialogued with the Independent International Commission of Inquiry on Burundi, which stressed the importance of the mandate in light of the 2020 presidential and legislative elections, particularly since the political crisis stemming from the 2015 elections had not been resolved.  Finally, the Council heard the presentation of the High Commissioner’s report on the implementation of recommendations made by the group of independent experts on accountability for human rights violations in the Democratic People’s Republic of Korea and held a general debate on agenda item 4, which concluded the following day.

On Wednesday 13 March, the Council held an interactive dialogue with the Special Rapporteur on minority issues who presented, inter alia, the first thematic report on statelessness as a minority issue and the level of awareness-raising and visibility of minorities and their human rights, and the heard the presentation of reports by the Forum on Minority Issues, the Forum on Human Rights, Democracy and the Rule of Law, and the Social Forum, and held a general debate on Human rights bodies and mechanisms.  During this meeting, Bocchit Edmond, Minister for Foreign Affairs of Haiti, addressed the Council.  The Council adopted the outcomes of the Universal Periodic Review of Saudi Arabia, Senegal, the Congo, and Nigeria, the outcomes of Mexico, Mauritius, Jordan, and Malaysia, and the outcomes of the Central African Republic and Monaco on Thursday 14 March; while the outcomes of Belize, Chad, China, and Malta had been adopted on Friday 15 March, when the general debate on this agenda item also took place.  The Council observed a minute of silence for victims of attacks on two mosques in Christchurch, New Zealand before holding a panel discussion on the mitigation and countering of rising nationalist populism and extreme supremacist ideologies, on the occasion of the International Day for the Elimination of Racial Discrimination on 21 March.

Fourth Week of the Session (18 to 22 March)

On Monday 18 March, the Council heard the Special Rapporteur on the situation of human rights in Palestinian territories occupied since 1967 present his report that emphasized issues of access to natural resources and environmental degradation, and also heard from the Commission of Inquiry on the 2018 protests in the occupied Palestinian territory whose report focused on accountability and found reasonable grounds to believe that some violations might constitute international crimes.  The separate interactive dialogues were then followed by a general debate on the situation of human rights in Palestine and other occupied Arab territories and a general debate on the follow-up to and implementation of the Vienna Declaration and Programme of Action, which concluded on Tuesday 19 March

Having heard the presentation of the report by the Ad Hoc Committee on the Elaboration of Complementary Standards to the Convention on the Elimination of Racial Discrimination, the report of the United Nations High Commissioner for Human Rights on combatting intolerance, negative stereotyping, stigmatization, discrimination, incitement to violence and violence against persons based on religion of belief, and the report of the Working Group on the Durban Declaration and Programme of Action, the Council held a general debate on racism, racial discrimination, xenophobia and related intolerance.  Also on Tuesday, the Council held an enhanced interactive dialogue on the human rights situation in the Democratic Republic of the Congo, based on the report of the High Commissioner on the developments of the human rights situation in the Kasai region in the context of the December 2018 elections, which stressed that the political transition process presented an extraordinary opportunity for the country to move forward with its obligations to respect civil and political rights, ensure accountability for past and ongoing violations, and take measures to fulfil the economic and social rights for its 80 million citizens.  It further held an interactive dialogue with the Independent Expert on the situation of human rights in Mali whose report described the worsening security situation in northern and central Mali where people lived in fear and heard Deputy High Commissioner Kate Gilmore present an oral update on the situation of human rights in Ukraine.

On Wednesday 20 March, United Nations High Commissioner for Human Rights Michelle Bachelet engaged with the Council on her report on promoting reconciliation, accountability and human rights in Sri Lanka in which she called upon this country to demonstrate sustained commitment and leadership to move the reconciliation and accountability agenda forward.  At the beginning of this meeting, the Council concluded the interactive dialogue on the situation of human rights in Ukraine.  The high-level interactive dialogue on the evolution of the human rights situation in the Central African Republic followed, with special emphasis on the civil society and the peace and reconciliation process.  The Council then heard the presentation of written reports and oral updates of the High Commissioner for Human Rights and Secretary-General on situations in Colombia, Cyprus, Guatemala, Honduras, Islamic Republic of Iran, Venezuela (Bolivarian Republic of), Yemen, and on the human rights situation of Rohingya and other minorities in Myanmar, after which it held a general debate on the annual report of the High Commissioner and reports of the Office of the High Commissioner and the Secretary-General, which concluded the following day.

The Council heard on Thursday 21 March the presentation of reports by the High Commissioner for Human Rights on Afghanistan, which highlighted the continued impact of the conflict on the lives of civilians with 10,993 civilian casualties in 2018, while the report on Libya outlined concerns of the unabated ill treatment of migrants in detention centres, including systematic rape and torture of men, women and children.  It was appraised of the activities of the United Nations Voluntary Fund for Technical Cooperation and technical assistance and capacity-building programmed of the Office of the United Nations High Commissioner for Human Rights and then held a general debate on technical assistance and capacity-building.

On 21 and 22 3 March, the Council adopted 29 resolutions.

Resolutions


Action on Texts under the Agenda Item 2 on the Report of the High Commissioner and Reports of the Office of the High Commissioner and the Secretary-General

In a resolution (A/HRC/40/L.1) on promoting reconciliation, accountability and human rights in Sri Lanka, adopted without a vote, the Council requeststhe Office of the High Commissioner to continue to assess progress on the implementation of its recommendations and other relevant processes relating to reconciliation, accountability and human rights in Sri Lanka, and to present a written update to the Human Rights Council at its forty-third session, and a comprehensive report at its forty-sixth session.

In a resolution (A/HRC/40/L.8) on the promotion and protection of human rights in Nicaragua, adopted by a vote of 23 in favour, three against and 21 abstentions, the Council calls on the Government of Nicaragua to release all those arbitrarily or illegally detained and to guarantee due process rights and requests the United Nations High Commissioner for Human Rights to prepare a comprehensive written report on the human rights situation in Nicaragua and to present it at the Council’s forty-second session and to present an oral update on the human rights situation to the Council at its forty-first and forty-third sessions.

In a resolution (A/HRC/40/L.25) on ensuring accountability and justice for all violations of international law in the Occupied Palestinian Territory, including East Jerusalem, adopted by a vote of 23 in favour, eight against and 15 abstentions, the Council requests the United Nations High Commissioner for Human Rights to strengthen the field presence of her Office in the Occupied Palestinian Territory, particularly in the occupied Gaza Strip, and to deploy the personnel and expertise necessary to monitor and document the ongoing violations of international law in the context of large-scale civilian protests in the Occupied Palestinian Territory, in accordance with the findings of the independent international commission of inquiry on the protests in the Occupied Palestinian Territory.  The Council also requested the High Commissioner to provide her oral update at the forty-second session and a report at its forty-third session, to be followed by an interactive dialogue.

Action on Texts under the Agenda Item 3 on the Promotion and Protection of All Human Rights, Including the Right to Development

In a resolution (A/HRC/40/L.5) on the negative impact of unilateral coercive measures on the enjoyment of human rights, adopted by a vote of 27 in favour, 15 against and five abstained, the Council requests the Special Rapporteur to focus on the resources and compensation necessary to promote accountability and reparations for victims in his next report and requests the Office of the High Commissioner to organize a biennial panel discussion entitled “The way forward to a United Nations declaration on the negative impact of unilateral coercive measures on the enjoyment of all human rights, including the right to development”, for the forty-second session of the Human Rights Council.

In a resolution (A/HRC/40/L.9) on the negative impact of the non-repatriation of funds of illicit origin to the countries of origin on the enjoyment of human rights, and the importance of improving international cooperation, adopted by a vote of 31 in favour, two against and 14 abstentions, the Council requests the Advisory Committee in preparation of the study on the possibility of utilizing non-repatriated illicit funds, including through monetization and/or the establishment of investment funds, to seek the views of regional and international experts and organizations, as well as United Nations bodies and non-governmental organizations, including by holding a one-day meeting in Geneva in April or May 2019.  The Council requests the United Nations High Commissioner for Human Rights to provide all assistance and financial resources necessary to allow the Advisory Committee to carry out the mandate set out in the present resolution.

In a resolution (A/HRC/40/L.10/Rev.1) on the elimination of discrimination against women and girls in sport, adopted without a vote as orally revised, the Council requests the United Nations High Commissioner for Human Rights to prepare a report on the intersection of race and gender discrimination in sports, including in policies, regulations and practices of sporting bodies and to present it to the Human Rights Council at its forty-fourth session.

In a resolution (A/HRC/40/L.11) on the promotion of the enjoyment of the cultural rights of everyone and respect for cultural diversity, adopted without a vote, the Council welcomes the work and contributions of the Special Rapporteur in the field of cultural rights and requests the Special Rapporteur to pay due attention to the enjoyment of cultural rights by persons with disabilities and to participate in relevant international forums related to the implementation of the 2030 Agenda for Sustainable Development and contribute to its implementation, including by providing advice on the effective respect, protection and fulfilment of cultural rights in the implementation of the 2030 Agenda.

In a resolution (A/HRC/40/L.12) on the right to food, adopted without a vote, the Council expresses its deep concern that without increased efforts there is a risk of falling far short of achieving the target of the Sustainable Development Goals on ending hunger by 2030 and decides to extend the mandate of the Special Rapporteur on the right to food for a period of three years.  The Council requests the Secretary-General and the United Nations High Commissioner for Human Rights to continue to provide all the human and financial resources necessary for the continuation of the effective fulfilment of the mandate of the Special Rapporteur.

In a resolution (A/HRC/40/L.13) 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 27 in favour, 14 against and six abstentions, the Council requests the Office of the United Nations High Commissioner for Human Rights to disseminate the guiding principles on human rights impact assessments of economic reforms; reiterates the call on industrialized countries to implement the enhanced programme of debt relief without further delay; and requests the Secretary-General to provide the Independent Expert on the effects of foreign debt with all necessary assistance required to carry out his functions.

In a resolution (A/HRC/40/L.14) on human rights, democracy and the rule of law, adopted without a vote, the Council decides that the theme of the third session of the Forum on Human Rights, Democracy and the Rule of Law in 2020 will be “Equal access to justice for all: a necessary element of democracy, rule of law and human rights protection”.  The Council requests the Secretary-General and the United Nations High Commissioner for Human Rights to continue to provide the Forum, at its third session, with all the necessary services and facilities, including interpretation in all official languages of the United Nations.

In a resolution (A/HRC/40/L.17) on the freedom of religion or belief, adopted without a vote, the Council condemns all forms of violence, intolerance and discrimination based on or in the name of religion or belief and any advocacy of religious hatred that constitutes incitement to discrimination, hostility or violence and decides to extend the mandate of the Special Rapporteur on freedom of religion or belief for a further period of three years and requests the Special Rapporteur to report annually to the Human Rights Council and to the General Assembly in accordance with their respective programmes of work.

In a resolution (A/HRC/40/L.20/Rev.1) on the rights of the child: empowering children with disabilities for the enjoyment of their human rights, including through inclusive education, adopted without a vote as orally revised, the Council decides to focus its next annual full-day meeting on the rights of the child on the theme “Realizing the rights of the child through a healthy environment” and requests the High Commissioner for Human Rights to prepare a report on that theme, in close cooperation with all relevant stakeholders including children themselves, and to present it to the Council at its forty-third session, with a view to providing information for the annual day of discussion on the rights of the child.

In a resolution (A/HRC/40/L.21) on the thirtieth anniversary of the Convention on the Rights of the Child, adopted without a vote, the Council invites the President of the Human Rights Council to consider the theme “Thirty years of implementation of the Convention on the Rights of the Child: challenges and opportunities” for the annual high-level panel discussion on human rights mainstreaming to be held at the forty-third session of the Council and requests the United Nations High Commissioner for Human Rights to provide resources for the panel discussion.  The Council further encourages States to use the anniversary of the Convention on the Rights of the Child as a tool to raise awareness of the Convention and to maintain momentum and increase action with respect to the rights of the child.

In a resolution (A/HRC/40/L.22/Rev.1) on recognizing the contribution of environmental human rights defenders to the enjoyment of human rights, environmental protection and sustainable development, adopted without a vote as orally revised, the Council expresses grave concern at the situation of environmental human rights defenders around the world and calls upon States to implement the Guiding Principles on Business and Human Rights, including to develop a national action plan or other such framework, and to encourage, and where appropriate require, all business enterprises to carry out human rights due diligence, including with regard to human rights relating to the enjoyment of a safe, clean, healthy and sustainable environment.

In a resolution (A/HRC/40/L.23) on the question of the realization in all countries of economic, social and cultural rights, adopted without a vote, the Council calls upon States to, inter alia, promote the use of human rights indicators to measure progress in the implementation of laws, policies and actions to address discrimination and inequalities, and to identify patterns of discrimination in law, policies and practices, and address entrenched structural barriers and unequal power relations that generate and perpetuate inequality over generations.  The Council requests the Secretary-General to continue to prepare and submit to the Human Rights Council an annual report on the question of the realization in all countries of economic, social and cultural rights under agenda item 3, with a special focus on the role of new technologies for the realization of economic, social and cultural rights.

In a resolution (A/HRC/40/L.29) on the mandate of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, adopted without a vote, the Council decides to extend the mandate of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism for a period of three years; requests all Governments to cooperate fully with the Special Rapporteur in the performance of the tasks and duties mandated, including by responding promptly to the Special Rapporteur’s urgent appeals and providing the information requested; and requests the Secretary-General and the United Nations High Commissioner for Human Rights to provide all the necessary human, technical and financial assistance to the Special Rapporteur for the effective fulfilment of his or her mandate.

Action on Resolutions under the Agenda Item 4 on Human Rights Situations that Require the Council’s Attention

In a resolution (A/HRC/40/L.7) on the human rights situation in the Syrian Arab Republic, adopted by a vote of 28 in favour, five against and 14 abstentions, the Council deplores the fact that the conflict in the Syrian Arab Republic continues in its ninth year with its devastating impact on the civilian population and urges all parties to take note of the recent recommendation of the Independent International Commission of Inquiry on ensuring that the right of return is fully respected and facilitated by guaranteeing that all return movements are voluntary, safe and dignified and subject to informed consent to the places of origin and protect all property and tenancy rights.  The Council demands that the Syrian authorities cooperate fully with the Human Rights Council and the Commission of Inquiry by granting the Commission immediate, full and unfettered access throughout the Syrian Arab Republic, and condemns in the strongest possible terms the repeated use of chemical weapons by the Syrian authorities.  The Council decides to extend the mandate of the Commission of Inquiry for a period of one year and requests it to provide an oral update during the interactive dialogue at its forty-first session and to present an updated written report during an interactive dialogue at the forty-second and forty-third sessions of the Council.

In a resolution (A/HRC/40/L.15) on the situation of human rights in the Islamic Republic of Iran, adopted by a vote of 22 in favour, seven against and 18 abstentions, the Council decides to extend the mandate of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran for a further period of one year, and requests the Special Rapporteur to submit a report on the implementation of the mandate to the Human Rights Council at its forty-third session and to the General Assembly at its seventy-fourth session.  The Council calls upon the Government of the Islamic Republic of Iran to cooperate fully with the Special Rapporteur and to permit access to visit the country and to provide all information necessary to allow the fulfilment of the mandate; and requests the Secretary-General to provide the Special Rapporteur with the resources necessary to fulfil the mandate.

In a resolution (A/HRC/40/L.16/Rev.1) on the situation of human rights in South Sudan, adopted without a vote as orally revised, the Council decides to extend the mandate of the Commission on Human Rights in South Sudan for a period of one year, renewable as authorized by the Human Rights Council, with the mandate to, inter alia, monitor and report on the situation of human rights in South Sudan, and to make recommendations to prevent deterioration of the situation with a view to its improvement, and to report on the factual basis for transitional justice and reconciliation.  The Council requests the Office of the High Commissioner to provide the full administrative, technical and logistical support necessary to enable the Commission on Human Rights in South Sudan to carry out its mandate; and also requests the Commission on Human Rights in South Sudan to present an oral update to the Council at its forty-second session and a comprehensive written report at its forty-third session.

In a resolution (A/HRC/40/L.18) on the situation of human rights in the Democratic People’s Republic of Korea, adopted without a vote, the Council decides to continue to strengthen, for a period of two years, the capacity of the Office of the United Nations High Commissioner for Human Rights, including its field-based structure in Seoul, to allow the implementation of relevant recommendations made by the group of independent experts on accountability and requests the High Commissioner to provide an oral update on the progress made in this regard to the Human Rights Council at its forty-third session and to submit a full written report on the implementation of the recommendations to the Council at its forty-sixth session.  The Council also decides to extend the mandate of the Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea for a period of one year and requests the Special Rapporteur to submit regular reports to the Human Rights Council and to the General Assembly on the implementation of his mandate, including on the follow-up efforts made in the implementation of the recommendations of the commission of inquiry.

In a resolution (A/HRC/40/L.19) on the situation of human rights in Myanmar, adopted by a vote of 37 in favour, three against and seven abstentions, the Council expresses grave concern at continuing reports of serious human rights violations and abuses in Myanmar, including sexual and gender-based violence and violations and abuses against children, in particular in Rakhine, Kachin and Shan States, and calls upon the Myanmar authorities, in particular the Myanmar military and security forces, to end immediately violence and all violations of international law in Myanmar, in particular in Rakhine, Kachin and Shan States.  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 Human Rights Council at its forty-first and forty-second sessions and to submit a report to the Third Committee of the General Assembly at its seventy-fourth session and to the Council at its forty-third session. 

Action on Resolutions under the Agenda Item 7 on Human Rights Situation in Palestine and Other Occupied Arab Territories

In a resolution (A/HRC/40/L.4) on human rights in the occupied Syrian Golan, adopted by a vote of 26 in favour,  five against and 16 abstentions, the Council expresses grave concern about the Israeli practices in the occupied Syrian Golan described in the report of the Secretary-General submitted to the Human Rights Council at its fortieth session, highlighting the arbitrary arrests of Syrians, the lack of due process guarantees afforded to Syrians and the unlawful mine-laying practices of the Israeli occupation forces in the occupied Syrian Golan, and requests the Secretary-General to bring the present resolution to the attention of all Governments, the competent United Nations organs, specialized agencies, international and regional intergovernmental organizations and international humanitarian organizations, to disseminate it as widely as possible and to report on this matter to the Human Rights Council at its forty-third session.

In a resolution (A/HRC/40/L.26) on the right of the Palestinian people to self-determination, adopted by a vote of 41 in favour, three against and two abstentions, the Council calls upon Israel, the occupying Power, to immediately end its occupation of the Occupied Palestinian Territory, including East Jerusalem, and further reaffirms its support for the solution of two States, Palestine and Israel, living side by side in peace and security; and expresses grave concern at the fragmentation and the changes in the demographic composition of the Occupied Palestinian Territory, including East Jerusalem, which are resulting from Israel’s continuing construction and expansion of settlements, forcible transfer of Palestinians and construction of the wall.  The Council confirms that the right of the Palestinian people to permanent sovereignty over their natural wealth and resources must be used in the interest of their national development, the well-being of the Palestinian people and as part of the realization of their right to self-determination.

In a resolution (A/HRC/40/L.27) on the human rights situation in the Occupied Palestinian Territory, including East Jerusalem, adopted by a vote of 39 in favour, three against and five abstentions, the Council demands that Israel, the occupying Power, withdraw from the Palestinian territory occupied since 1967, including East Jerusalem, so as to enable the Palestinian people to exercise its universally recognized right to self-determination.  The Council demands that Israel cease all of its settlement activities, the construction of the wall and any other measures aimed at altering the character, status and demographic composition of the Occupied Palestinian Territory, and cease immediately its imposition of prolonged closures and economic and movement restrictions, including those amounting to a blockade on the Gaza Strip.

In a resolution (A/HRC/40/L.28) on the Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan, adopted by a vote of 32 in favour, five against and 10 abstentions, the Council demands that Israel, the occupying Power, immediately cease all settlement activities in all the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan; and calls upon business enterprises to take all measures necessary to comply with their responsibilities under the Guiding Principles on Business and Human Rights and relevant international laws and standards with respect to their activities in or in relation to the Israeli settlements and the wall in the Occupied Palestinian Territory, including East Jerusalem.  The Council requests the United Nations High Commissioner for Human Rights to report to the Human Rights Council on the implementation of the provisions of the present resolution at its forty-third session, with particular emphasis on the policies and practices linked to the settlement enterprise that discriminate against the Palestinian population in the Occupied Palestinian Territory, including East Jerusalem.

Action on Resolution under the Agenda Item 9 on Racism, Racial Discrimination, Xenophobia and Related Intolerance

In a resolution (A/HRC/40/L.3) 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 condemns deeply any advocacy of religious hatred that constitutes incitement to discrimination, hostility or violence, and calls upon all States to foster religious freedom and pluralism by promoting the ability of members of all religious communities to manifest their religion and to contribute openly and on an equal footing to society.  The Council requests the High Commissioner to prepare and submit to the Human Rights Council at its forty-third session a comprehensive follow-up report with elaborated conclusions based upon information provided by States and views on potential follow-up measures.

Action on Resolutions under the Agenda Item 10 on Technical Assistance and Capacity Building

In a resolution (A/HRC/40/L.2) 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 and requests the Independent Expert to submit a report to the Human Rights Council at its forty-third session.  The Council also decides to hold a dialogue at its forty-third session to assess the evolution of the human rights situation in the country, with a particular focus on the participation of civil society, including women and young people, in the peace and reconciliation process and requests the High Commissioner to continue to provide the technical assistance requested by the Government of Mali in order to strengthen the capacity of the National Human Rights Commission of Mali.

In a resolution (A/HRC/40/L.6/Rev.1) 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 United Nations High Commissioner for Human Rights to monitor and report on human rights violations and abuses across Libya and to establish the facts and circumstances of such abuses and violations with a view to avoiding impunity and ensuring full individual accountability, and further requests the High Commissioner to present an oral update on the situation of human rights in Libya and the implementation of the present resolution to the Human Rights Council at its forty-second session and a report on the situation of human rights in Libya including the implementation of technical assistance and capacity-building to support the efforts of the Government of National Accord to prevent and ensure accountability for violations and abuses of human rights at its forty-third session.

In a resolution (A/HRC/40/L.24) on cooperation with Georgia, adopted by a vote of 19 in favour, three against and 25 abstentions, the Council requests the United Nations High Commissioner for Human Rights to continue to provide technical assistance through her office in Tbilisi; strongly calls for immediate and unimpeded access to 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 Human Rights Council an oral update on the follow-up to the present resolution at its forty-first session and a written report at its forty-second session.

For further information and media requests, please contact Rolando Gómez (+ 41 22 917 9711 / rgomez@ohchr.org), Cédric Sapey (+ 41 22 917 9845 / csapey@ohchr.org) or Sarah Lubbersen (+ 41 22 917 9813 /slubbersen@ohchr.org).

_______

For use of the information media; not an official record

عودة

عودة

لا