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人权理事会通过三十三项决议及一项决定后暂停第三十二届会议(部分翻译)

人权理事会通过三十三项决议及一项决定后暂停第三十二届会议

2016年7月1日

人权理事会
临时综述

2016年7月1日

建立关于禁止基于性取向和性别认同的暴力和歧视的新任务授权

今晚,人权理事会就一系列广泛议题通过三十三项决议及一项决定后暂停第三十二届常会。理事会还通过了关于14个国家的普遍定期审议结果。

理事会创建了为期三年的禁止基于性取向和性别认同的暴力和歧视问题独立专家任务授权,以评估现有关于如何打击基于个人性取向和性别认同而施加暴力和歧视问题的国际人权文书的落实。独立专家的任务授权是为提升对基于个人性取向和性别认同而施加暴力和歧视的认识,确认并解决暴力和歧视的根源。

理事会将厄立特里亚人权状况特别报告员的任务授权延长了一年。理事会再次呼吁厄立特里亚政府承担责任并释放所有政治犯,确保能自由、公平和平等地拥有使用独立和公正的法院的渠道,以挑战任何拘留的合法性。

白俄罗斯人权状况问题特别报告员的任务授权延长一年。理事会敦促白俄罗斯政府对司法部门和律师协会进行整体改革,以确保司法部门充分的独立性和公正性。

在法律和实践中的歧视妇女问题工作组的任务授权亦被延长三年。

理事会决定,境内流离失所者人权问题特别报告员任务授权延长三年,以解决境内流离失所的复杂问题,尤其是通过将境内流离失所者的人权融入联合国系统的各个相关部分。

理事会还投票更新了和平集会与结社自由权利问题特别报告员的任务授权,将任期延长三年。

在另一项决议中,理事会将食物权问题特别报告员的任务授权延长三年。

科特迪瓦人权领域能力建设和技术合作的任务授权最后延长一年,直至2017年6月30日。

理事会还决定更新暴力侵害妇女、其原因及后果问题特别报告员的任务授权,为期三年。

在关于阿拉伯叙利亚共和国人权状况的决议中,理事会要求叙利亚当局与人权理事会和调查委员会开展充分合作,并强烈谴责所谓的伊拉克和黎凡特伊斯兰国(达伊沙)、努斯拉阵线(al-Nusrah Front)或其他恐怖主义组织对平民犯下的恐怖分子行为和暴力。

在关于民间社会空间的决议中,理事会敦促各国在法律和实践中构建并保持安全和有利的环境,使民间社会可以免受障碍和不安全问题自由行动。

关于消除切割女性生殖器官的决议敦促各国特别关注关于切割女性生殖器官问题有害影响的教育,尤其是对青年、父母和宗教、传统和社区领导者的教育。每个女童的受教育权在另一案文中提及,理事会敦促所有国家加大努力,逐步实现让每个女童平等享有受教育权。理事会在另一项决议中要求联合国人权事务高级专员准备关于歧视与暴力在种族主义、种族歧视、仇外心理和相关的不容忍现象问题的背景下以不同的交叉形式对妇女和女童充分享有所有人权产生的影响。

理事会通过的一项决议呼吁所有国家保护受冲突影响区域的人民——尤其是妇女、儿童和其他弱势群体——以及逃离冲突的人免受各种形式的人口贩运。另一案文重申,每个人的国籍权是一项基本人权。理事会还通过的一项决议强调了法律和实践中妇女平等国籍权的重要性。

在一项关于武器转让对人权影响的案文中,理事会强烈要求所有国家在评估此类武器极有可能被用于犯下或促进严重违法国际人权法的行为时限制转让武器。关于受教育权的决议呼吁各国采取一切必要措施,包括充分的财政拨款,以确保包容、公平和不歧视的高质量教育。理事会还决定在第三十三届会议中召开以“青年与人权”为主题的小组讨论。

促进、保护和享有互联网人权的问题在理事会通过的另一项决议中得到解决。理事会通过了一项关于提倡加强对移徙者包括在大规模迁移中人权的促进和保护的案文。

在关于《和平权利宣言》的决议中,理事会建议联合国大会通过一项案文,声明人人有权享有和平,从而促进和保护所有人权,充分实现发展。

另一项关于获取药物的案文强调了人人有权享有最佳身心健康的权利。理事会还通过了一项关于通过加强公共健康的能力建设促进人人有权享有最佳身心健康的权利的决议。理事会在另一项决议中重申,各国有义务确保关于心理健康的政策和服务符合国际人权规范。

另一项通过的决议涉及工商业与人权问题——改善问责和获取补救的渠道;家庭在支持保护和促进残疾人人权中的作用;社会论坛;在人权领域与乌克兰的合作及对其施展的援助;促进和保护人权的区域安排;加强在人权领域的国际合作;人权与气候变化;以及人权和国际团结一致。

理事会主席宣布了担任特别程序任务负责人空缺职位的五个人:艾格尼丝•卡拉马德(Agnes Callamard,法国)担任法外处决、即审即决或任意处决问题特别报告员;艾哈迈德•沙希德(Ahmed Shaheed,马尔代夫)担任宗教或信仰自由问题特别报告员;孔巴•博利(Koumbou Boly,布基纳法索)担任受教育权问题特别报告员;托马斯•奥赫亚•金塔纳(Tomás Ojea Quintana,阿根廷)担任朝鲜民主主义人民共和国人权状况特别报告员;以及阿尼塔•拉玛斯特里(Anita Ramasastry,美国)担任人权与跨国公司和其他工商企业问题工作组西欧和其他国家成员。

在就以上人选进行讨论后,由于时间较晚,人权理事会主席崔庆林(Choi Kyong-Lim)宣布会议暂停,继续进行的时间与日期有待宣布,届时将结束待解决的任务,包括通过报告和最终声明。

与本次会议和人权理事会历届会议相关的文件、声明、决议和报告可通过理事会网站。每次公开会议上各位发言人的具体发言可通过日内瓦联合国新闻处网站查看。

第三十三届常会将于2016年9月13日至9月30日在万国宫第二十号会议室举行。

Summary of the Session

The thirty-second session of the Human Rights Council was opened by Choi Kyong-Lim, President of the Council, who informed that, for the first time, all 193 United Nations Member States were present. Their participation was made possible thanks to the Voluntary Technical Assistance Trust Fund.

United Nations High Commissioner for Human Rights Zeid Ra'ad Al Hussein provided an update on the activities of his Office since the previous session. High Commissioner Zeid stressed that the non-cooperation by some Governments would not result in the Office remaining silent in its scrutiny of their human rights situations, and urged every State to fully comply with international human right norms, particularly in situations of conflict. Refugee law had also be respected, especially the principle of non-refoulement, and the countries of Europe had to find a way to address the current migration crisis in a manner that respected human rights, including in the context of the European Union-Turkey agreement. He expressed his concern about the increase in the detention of migrants in Europe, including in “hotspots” in Greece and Italy, to which even unaccompanied children were frequently subjected, and deplored the widespread anti-migrant rhetoric in some European countries. Another great concern was the narrowing of democratic space in many countries around the globe.

In the opening session, the Council also heard from Didier Burkhalter, Head of the Federal Department of Foreign Affairs of Switzerland, who spoke on behalf of the host country, Dang Thi Ngoc Thinh, Vice President of Viet Nam, and Mahmud Mammad-Guliyev, Deputy Minister for Foreign Affairs of Azerbaijan. On the first day, a panel discussion was held on the occasion of the tenth anniversary of the Council with the participation of former Council Presidents, who reflected on their experiences in the Council, the achievements of the organisation over the decade and remaining challenges.

In the course of the first week, the Council held clustered interactive dialogue with the Special Rapporteur on migrants and the Special Rapporteur on poverty, and with the Special Rapporteur on health and the Special Rapporteur on trafficking. A panel discussion was held on the occasion of the thirtieth anniversary of the Declaration on the Right to Development, which was followed by a clustered interactive dialogue with the Special Rapporteur on the right to education and the Independent Expert on international solidarity. The Council also held a full-day annual discussion on the human rights of women as well as a clustered interactive dialogue with the Working Group on transnational corporations and human rights and the Special Rapporteur on internally displaced persons. The first week ended with a clustered interactive dialogue with the Special Rapporteur on independence of judges and lawyers and the Special Rapporteur on peaceful assembly and association, and a clustered interactive dialogue with the Special Rapporteur on violence against women and the Working Group on discrimination against women.

At the beginning of the second week, the Special Rapporteur on the right to freedom of expression and the Special Rapporteur on summary executions presented their reports. The Council also heard presentations of thematic reports of the Secretary-General and the High Commissioner on issues including violence against women, civilian use of firearms and climate change. The Council held three interactive dialogues - with the Commission of Inquiry on the Syrian Arab Republic, the Special Rapporteur on Belarus, and the Commission of Inquiry on Eritrea. An enhanced interactive dialogue on South Sudan was also held, with the participation of senior Government officials. The Council organized a panel discussion on the contributions of parliaments to the work of the Council and the Universal Periodic Review. During the second week, the Council considered and adopted the outcomes of the Universal Periodic Reviews of the following 14 countries: Namibia, Niger, Mozambique, Estonia, Paraguay, Belgium, Denmark, Palau, Somalia, Seychelles, Solomon Islands, Latvia, Sierra Leone and Singapore. It heard presentations of reports of the Social Forum, Forum on Business and human rights and the Expert Mechanism on the Rights of Indigenous Peoples.

The third week of the thirty-second session started with a general debate on agenda items 6 - Universal Periodic Review; 7 - Human rights situation in Palestine and other occupied Arab territories; and 8 - Follow-up to and implementation of the Vienna Declaration and Programme of Action. The Council held an interactive dialogue with the Special Rapporteur on racism, as well as interactive dialogues with Independent Experts on the Central African Republic and Côte d’Ivoire. The Council also organized a panel discussion on the use of sport and the Olympic ideal to promote human rights for all.

The Office of the High Commissioner for Human Rights provided updates on the situations in Ukraine and Burundi, which was be followed by interactive dialogues. The High Commissioner also provided updates on human rights situations in Sri Lanka and Myanmar. The High Commissioner made an oral presentation to the Council on technical cooperation, while the Chairperson of the Board of Trustees of the United Nations Voluntary Fund for Technical Cooperation in the Field of Human Rights presented a comprehensive report on the Board’s work. In the last two days of the session, on 30 June and 1 July, the Council took action on 34 draft resolutions and one draft decision tabled during the session.

Resolutions and Decisions

Action on Resolutions under Agenda Item 3 on the Promotion and Protection of All Human Rights

In a resolution (A/HRC/32/L.1) on youth and human rights, adopted without a vote, the Council decides to convene at its thirty-third session a panel discussion on the theme, “Youth and human rights”, the objective of which will be to identify challenges, best practices and lessons learned in the exercise of human rights by young people.

In a resolution (A/HRC/32/L.2/Rev.1) on protection against violence and discrimination based on sexual orientation and gender identity, adopted by a vote of 23 in favour, 18 against and 6 abstentions, the Council decides to appoint, for a period of three years, an Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, with the mandate to assess the implementation of existing international human rights instruments with regard to ways to overcome violence and discrimination against persons on the basis of their sexual orientation or gender identity.

In a decision (A/HRC/32/L.4) on regional arrangements for the promotion and protection of human rights, adopted without a vote, the Council requests the Advisory Committee to prepare a report on regional arrangements for the promotion and protection of human rights, in particular on the progress made in the establishment of regional and subregional arrangements for the promotion and protection of human rights.

In a resolution (A/HRC/C/L.6) on trafficking in persons, especially women and children: protecting victims of trafficking and people at risk of trafficking, especially women and children in conflict and post-conflict situations, adopted without a vote, the Council calls on all States to protect people, particularly women, children and other vulnerable groups in conflict affected areas, and people fleeing conflict, from all forms of trafficking in persons.

In a resolution (A/HRC/C/L.7/Rev.1) on the elimination of discrimination against women, adopted without a vote, the Council decides to extend the mandate of the Working Group on the issue of discrimination against women in law and in practice for a period of three years; and calls upon States to ensure women’s and girls’ equal access to accessible, affordable, available, appropriate, effective and high-quality health care and services.

In a resolution (A/HRC/C/L.8) on human rights and arbitrary deprivation of nationality, adopted without a vote, the Council reaffirms that the right to a nationality of every human person is a fundamental human right; and calls upon States to refrain from enacting or maintaining legislation that would arbitrarily deprive persons of their nationality on grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, including disability.

In a resolution (A/HRC/C/L.11) on enhancement of international cooperation in the field of human rights, adopted without a vote, the Council urges all actors on the international scene to build an international order based on inclusion, justice, equality and equity, human dignity, mutual understanding and the promotion of and respect for cultural diversity and universal human rights, and to reject all doctrines of exclusion based on racism, racial discrimination, xenophobia and related intolerance.

In a resolution (A/HRC/C/L.12) on the right to a nationality: women’s equal nationality rights in law and in practice, adopted without a vote, the Council urges all States to refrain from enacting or maintaining discriminatory nationality legislation, with a view to avoiding statelessness and loss of nationality, preventing vulnerability to human rights violations and abuses, decreasing the risk of exploitation and abuse, and promoting gender equality in the acquisition, change, retention or conferral of nationality.

In a resolution (A/HRC/C/L.13) on the mandate of the Special Rapporteur on the human rights of internally displaced persons, adopted without a vote, the Council decides to extend the mandate of the Special Rapporteur on the human rights of internally displaced persons for a period of three years to address the complex problem of internal displacement, in particular by mainstreaming the human rights of the internally displaced into all relevant parts of the United Nations System.

In a resolution (A/HRC/C/L.14) on the impact of arms transfers on human rights, adopted by a vote of 32 in favour, 5 against and 10 abstentions as orally revised, the Council urges all States to refrain from transferring arms when they assess, in accordance with applicable national procedures and international obligations and standards, that such arms are sufficiently likely to be used to commit or facilitate serious violations or abuses of international human rights law or international humanitarian law.

In a resolution (A/HRC/C/L.15) on the mandate of the Special Rapporteur on the right to food, adopted without a vote, the Council decides to extend the mandate of the Special Rapporteur on the right to food for a period of three years; and requests the Special Rapporteur to report annually on the implementation of the mandate to the Human Rights Council and the General Assembly.

In a resolution (A/HRC/C/L.16) on human rights and international solidarity, adopted by a vote of 33 in favour, 13 against and 1 abstention, the Council requests the Independent Expert on human rights and international solidarity to convene a meeting with experts from the five geographical regions to assist in finalizing the draft declaration on the right of peoples and individuals to international solidarity.

In a resolution (A/HRC/C/L.19) on business and human rights - improving accountability and access to remedy, adopted without a vote, the Council requests the High Commissioner to convene two open consultations involving representatives of States and other stakeholders on the report in 2017, dedicating the first consultation to analysing best practices and how to improve the effectiveness of cross-border cooperation between State agencies and judicial bodies with respect to law enforcement.

In a resolution (A/HRC/C/L.20) on the promotion, protection and enjoyment of human rights on the Internet, adopted without a vote as orally revised, the Council affirms that the same rights that people have offline must also be protected online, in particular freedom of expression; calls upon all States to promote and facilitate international cooperation aimed at the development of media and information and communication facilities and technologies in all countries; and requests the High Commissioner to prepare a report on ways to bridge the gender digital divide from a human rights perspective, and to submit it to the Human Rights Council at its thirty-fifth session

In a resolution (A/HRC/C/L.22) on the protection of the human rights of migrants - strengthening the promotion and protection of the human rights of migrants including in large movements, adopted without a vote, the Council calls upon all States to reaffirm the fundamental importance of respecting, protecting and fulfilling the human rights of all migrants who leave their countries, regardless of their migratory status; and decides to hold an enhanced interactive dialogue on the theme, “The human rights of migrants in the context of large movement” at its thirty-fourth session.

In a resolution (A/HRC/C/L.23/Rev.1) on access to medicines in the context of the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, adopted without a vote as orally revised, the Council calls upon States to promote access to medicines for all, including through the use, to the full, of the provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights which provide flexibility for that purpose.

In a resolution (A/HRC/C/L.24/Rev.1) on promoting the right of everyone to the enjoyment of the highest attainable standard of physical and mental health through enhancing capacity-building in public health, adopted without a vote as orally revised, the Council urges Member States and the international community to increase investment to improve health systems in developing countries and countries with economies in transition with the aim of providing sufficient health workers, infrastructures, and supplies to achieve the Sustainable Development Goals by 2030.

In a resolution (A/HRC/C/L.25) on addressing the impact of multiple and intersecting forms of discrimination and violence in the context of racism, racial discrimination, xenophobia and related intolerance on the full enjoyment of all human rights by women and girls, adopted without a vote, the Council requests the United Nations High Commissioner for Human Rights to prepare a report on the impact of multiple and intersecting forms of discrimination and violence in the context of racism, racial discrimination, xenophobia and related intolerance on the full enjoyment of all human rights by women and girls; and decides to convene, at its thirty-sixth session, a panel discussion.

In a resolution (A/HRC/C/L.26) on mental health and human rights, adopted without a vote, the Council reaffirms the obligation of States to promote and protect all human rights and fundamental freedoms and to ensure that policies and services related to mental health comply with international human rights norms; and requests the United Nations High Commissioner for Human Rights to prepare a report on the integration of a human rights perspective in mental health.

In a resolution (A/HRC/C/L.28/Rev.1) on accelerating efforts to eliminate violence against women: Preventing and responding to violence against women and girls, including indigenous women and girls, adopted without a vote as orally revised, the Council decides to extend the mandate of the Special Rapporteur on violence against women, its causes and consequence, for a period of three years; and calls upon States to take effective action to respond to violence against women and girls, including indigenous women and girls, and protect all victims and survivors.

In a resolution (A/HRC/C/L.29) on civil society space, adopted with a vote of 31 in favour, seven against, with nine abstentions as orally revised, the Council urges States to create and maintain, in law and in practice, a safe and enabling environment in which civil society can operate free from hindrance and insecurity; also urges States to ensure access to justice, and accountability, and to end impunity for human rights violations and abuses against civil society actors;

In a resolution (A/HRC/C/L.30/Rev.1) on realizing the equal enjoyment of the right to education by every girl, adopted without a vote, the Council urges all States to strengthen and intensify their efforts to realize progressively the equal enjoyment of the right to education by every girl; and encourages States to increase investments and international cooperation to allow all girls to complete free, equitable, inclusive and quality early childhood, primary and secondary education.

In a resolution (A/HRC/C/L.31/Rev.1) on the elimination of female genital mutilation, adopted without a vote as orally revised, the Council urges States to place special emphasis on education, in particular of youth, parents and religious, traditional and community leaders, about the harmful effects of female genital mutilation, and especially to encourage men and boys to become more involved in information and awareness-raising campaigns and to become agents of change.

In a resolution (A/HRC/C/L.32) on the rights to freedom of peaceful assembly and of association, adopted without a vote as orally revised, the Council decides to renew the mandate of the Special Rapporteur on the rights to freedom of peaceful assembly and of association, for a period of three years; and calls upon States and other relevant stakeholders to promote, create and maintain conditions conducive for the development and activities of professional associations.

In a resolution (A/HRC/C/L.33) on the right to education, adopted without a vote as orally revised, the Council calls upon all States to take all measures to implement Human Rights Council resolutions on the right to education with a view to ensuring the full realization of this right for all; calls upon States to implement the 2030 Agenda for Sustainable Development, including Goal 4; and calls upon States to continue to make efforts to strengthen the protection of preschools, schools and universities against attacks.

In a resolution (A/HRC/C/L.34) on human rights and climate change, adopted without a vote as orally revised, the Council decides to incorporate into its programme of work for the thirty-fourth session a panel discussion on the adverse impact of climate change on States’ efforts to progressively realize the rights of the child and related policies, lessons learned and good practices; and requests the Office of the United Nations High Commissioner for Human Rights to conduct a detailed analytical study on the relationship between climate change and the full and effective enjoyment of the rights of the child.

In a resolution (A/HRC/C/L.35) on the protection of the family: the role of the family in supporting the protection and promotion of human rights of persons with disabilities, adopted by a vote of 32 in favour, 12 against, with 3 abstentions, the Council calls upon States to recognize the important role played by families in caring for and supporting persons with disabilities; and decides to convene a one-day intersessional seminar on the impact of the implementation by States of their obligations under relevant provisions of international human rights law.

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

In a resolution (A/HRC/32/L.5/Rev.1) on the situation of human rights in Eritrea, adopted without a vote as orally revised, the Council decides to extend the mandate of the Special Rapporteur on the situation of human rights in Eritrea for a period of one year; and reiterates its call upon the Government of Eritrea to end the use of arbitrary detention of persons in Eritrea, to account for and release all political prisoners, and to put an end to the system of indefinite national service.

In a resolution (A/HRC/C/L.9) on the human rights situation in the Syrian Arab Republic, adopted by a vote of 27 in favour, 6 against and 14 abstentions, the Council demands that the Syrian authorities cooperate fully with the Human Rights Council and the Commission of Inquiry by granting it immediate, full and unfettered access throughout the Syrian Arab Republic; and demands that the Syrian authorities facilitate, and all other parties to the conflict do not hinder, the full, immediate and safe access of the United Nations and humanitarian actors.

In a resolution (A/HRC/C/L.10/Rev.1) on the situation of human rights in Belarus, adopted by a vote of 15 in favour, 9 against and 23 abstentions, the Council decides to extend the mandate of the Special Rapporteur on the situation of human rights in Belarus for a period of one year; and urges the Government of Belarus to carry out a comprehensive reform of the justice sector and bar associations in order to guarantee the full independence and impartiality of the judiciary, the presumption of innocence, the right to a fair trial.

Action on Resolution under Agenda Item 5 on Human Rights Bodies and Mechanisms

In a resolution (A/HRC/C/L.17) on the Social Forum, adopted without a vote, the Council decides that the Social Forum will meet for three working days in 2017, in Geneva; requests the President of the Human Rights Council to appoint, as early as possible, from candidates nominated by regional groups, the Chairperson-Rapporteur for the 2017 Social Forum, bearing in mind the principle of regional rotation.

In a resolution (A/HRC/C/L.18) on the Declaration on the Right to Peace, adopted by a vote of 34 in favour, 9 against and 4 abstentions, the Council adopts the Declaration on the Right to Peace and recommends that the General Assembly adopt it too. The Declaration states that everyone has the right to enjoy peace such that all human rights are promoted and protected and development is fully realized; and that States should respect, implement and promote equality and non-discrimination, justice and the rule of law and guarantee freedom from fear and want.

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

In a resolution (A/HRC/C/L.21) on cooperation and assistance to Ukraine in the field of human rights, adopted by a vote of 22 in favour, 6 against, and 19 abstentions, the Council invites the High Commissioner to continue to present orally to the States Members of the Human Rights Council and observers the findings of each of the reports of the Office of the High Commissioner on the situation of human rights in Ukraine.

In a resolution (A/HRC/C/L.27) on capacity-building and technical cooperation with Côte d’Ivoire in the field of human rights, adopted without a vote, the Council decides to extend, for a final one-year period, until 30 June 2017, the mandate on capacity-building and technical cooperation with Côte d’Ivoire in the field of human rights; and requests the Independent Expert to submit a report and his or her final recommendations to the Human Rights Council at its thirty-fifth session.


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