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Human Rights Council Adopts 16 Resolutions - Establishes a Group of Human Rights Experts on Nicaragua, and Extends Mandates on South Sudan, Freedom of Religion or Belief, Human Rights and Counter Terrorism, and on the Right Food

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31 Март 2022

31 March 2022

The Human Rights Council this afternoon adopted 16 resolutions, in which it established a group of human rights experts on Nicaragua and extended the mandates of the Commission on Human Rights in South Sudan, the Special Rapporteur on freedom of religion or belief, the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, and the Special Rapporteur on the right to food.

The Council also adopted resolutions on the human rights situation in the occupied Palestinian territory, the negative impact of unilateral coercive measures on the enjoyment of human rights, cultural rights and the protection of cultural heritage, the commemoration of the thirty-fifth anniversary of the Declaration on the Right to Development, prevention of genocide, the right to work, the participation of persons with disabilities in sport, the rights of persons belonging to national or ethnic, religious and linguistic minorities, the effects of foreign debt on the full enjoyment of all human rights, the promotion of the enjoyment of the cultural rights of everyone and respect for cultural diversity, and on adequate housing as a component of the right to an adequate standard of living and the right to non-discrimination in this context.

In a resolution on advancing human rights in South Sudan, the Council decided to extend the mandate of the Commission on Human Rights in South Sudan for a period of one year.

In a resolution on the protection and promotion of human rights in Nicaragua, the Council decided to establish, for a period of one year, a group of three human rights experts on Nicaragua, to be appointed by the President of the Human Rights Council, with a mandate inter alia to conduct thorough and independent investigations into all alleged human rights violations and abuses committed in Nicaragua since April 2018, including the possible gender dimensions of such violations and abuses, and their structural root causes. 

In a resolution on the human rights situation in the Occupied Palestinian Territory, the Council requested the United Nations High Commissioner for Human Rights to end the reporting on the implementation of Human Rights Council resolutions S-9/1 and S-12/1; and requested the High Commissioner to report on the implementation of the present resolution to the Human Rights Council at its fifty-second session, to be followed by an interactive dialogue

In a resolution on freedom of religion and belief, the Council decided to extend the mandate of the Special Rapporteur on freedom of religion or belief for a further period of three years to facilitate the continued promotion, protection and universal implementation of the right.

In a resolution on the negative impact of unilateral coercive measures on the enjoyment of human rights, the Council requests the Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights to continue her work, and to study establishing an effective, impartial and responsive mechanism to assess, document, report and follow up the negative impact of unilateral coercive measures. 

In a resolution on cultural rights and the protection of cultural heritage, the Council requested the High Commissioner to refine and develop appropriate tools for the dissemination of an approach to the protection, restoration and preservation of cultural heritage, and to convene a one-day workshop to review and promote the tools for the dissemination and possible methods of implementation of an approach to the protection, restoration and preservation of cultural heritage.

In a resolution on the commemoration of the thirty-fifth anniversary of the Declaration on the Right to Development, the Council decided to convene at its fifty-second session a full-day high-level meeting on the promotion and protection of the right to development as a celebration of the thirty-fifth anniversary of the Declaration on the Right to Development. 

In a resolution on prevention of genocide, the Council invited the Special Adviser to the Secretary-General on the Prevention of Genocide to an interactive dialogue with the Human Rights Council at its fifty-third session on the progress made in discharging her/his duties.

In a resolution on the mandate of the Special Rapporteur on the protection and promotion of human rights and fundamental freedoms while countering terrorism, the Council decided 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. 

In a resolution on the right to work, the Council decided to organize a panel during the fifty-first session of the Council on the future of the right to work in connection with climate change actions, responses and impacts in the context of sustainable and inclusive economies, to identify the major challenges, experiences and best practices. 

In a resolution on the participation of persons with disabilities in sport, and statistics and data collection, the Council decided that its next annual interactive debate on the rights of persons with disabilities will be held at its fifty-second session, and will focus on support systems to ensure community inclusion of persons with disabilities.

In a resolution on the mandate of the Special Rapporteur on the right to food, the Council decided to extend the mandate of the Special Rapporteur for a period of three years to enable the mandate holder to continue to work in accordance with the mandate established by the Human Rights Council in its resolution 6/2 of 27 September 2007. 

In a resolution on the rights of persons belonging to national or ethnic, religious and linguistic minorities, the Council commended the Special Rapporteur on minority issues for his work and requested the High Commissioner to continue to present an annual report to the Human Rights Council containing information on relevant developments. 

In a resolution 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, the Council invited the Independent Expert to give, in accordance with her mandate, appropriate consideration to the impact of all international financial obligations on groups living below the poverty line, including women, youth, children, persons with disabilities, indigenous peoples, migrants and persons belonging to national, ethnic, religious and linguistic minorities suffering from socioeconomic inequalities and discrimination.

In a resolution on the promotion of the enjoyment of the cultural rights of everyone and respect for cultural diversity, the Council took note with appreciation of the initial report of the new mandate holder on the preliminary workplan for the mandate and the thematic areas identified therein, and called upon all Governments to cooperate with and to assist the Special Rapporteur.

In a resolution on adequate housing as a component of the right to an adequate standard of living, and the right to non-discrimination in this context, the Council welcomed the work of the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context and took note of his reports, including his most recent report on discrimination, spatial segregation and the right to adequate housing.

The webcast of the Human Rights Council meetings can be found here.  All meeting summaries can be found here.  Documents and reports related to the Human Rights Council’s forty-ninth regular session can be found here.

The Council will reconvene on Friday, 1 April, at 9 a.m. to continue to take action on 18 remaining draft resolutions before concluding its forty-ninth regular session.

Action on Resolutions under Agenda Item Two on the Annual Report of the United Nations High Commissioner for Human Rights and Reports of the Office of the High Commissioner and the Secretary-General

In a resolution (A/HRC/49/L.15/Rev.1) on Advancing human rights in South Sudan, adopted by a vote of 19 in favour, 11 against and 17 abstentions, the Council decides to extend the mandate of the Commission on Human Rights in South Sudan, composed of three members, for a further period of one year.  It further requests the Commission to present a comprehensive written report on the situation of human rights in South Sudan to the Human Rights Council at its fifty-second session, to be followed by an enhanced interactive dialogue, which should also include the participation of the High Commissioner. 

The results of the vote are as follows:

In favour (19): Argentina, Armenia, Finland, France, Germany, Honduras, Japan, Lithuania, Luxembourg, Marshall Islands, Mexico, Montenegro, Netherlands, Paraguay, Poland, Republic of Korea, Ukraine, United Kingdom, and United States. 

Against (11): Bolivia, China, Cote d'Ivoire, Cuba, Eritrea, Mauritania, Pakistan, Russian Federation, Somalia, Sudan, and Venezuela. 

Abstentions (17): Benin, Brazil, Cameroon, Gabon, Gambia, India, Indonesia, Kazakhstan, Libya, Malawi, Malaysia, Namibia, Nepal, Qatar, Senegal, United Arab Emirates, and Uzbekistan.

In a resolution (A/HRC/49/L.20) on Promotion and protection of human rights in Nicaragua, adopted by a vote of 20 in favour, 7 against and 20 abstentions, the Council decides to establish, for a period of one year, a group of three human rights experts on Nicaragua, to be appointed by the President of the Human Rights Council, with a mandate inter alia to conduct thorough and independent investigations into all alleged human rights violations and abuses committed in Nicaragua since April 2018, including the possible gender dimensions of such violations and abuses, and their structural root causes.  The Council further requests the Group of Human Rights Experts on Nicaragua to submit a report to the Council at its fifty-second session, during an interactive dialogue; and also requests the High Commissioner to prepare a comprehensive report on the situation of human rights in Nicaragua, and to present it to the Council at its fifty-first session, to be followed by an interactive dialogue, and to present an oral update to the Council at its fiftieth session, before the end of 2022.

The results of the vote are as follows:

In favour (20): Argentina, Brazil, Finland, France, Gambia, Germany, Japan, Lithuania, Luxembourg, Malawi, Marshall Islands, Mexico, Montenegro, Netherlands, Paraguay, Poland, Republic of Korea, Ukraine, United Kingdom, and United States.

Against (7): Bolivia, China, Cuba, Eritrea, Honduras, Russian Federation, and Venezuela. 

Abstentions (20): Armenia, Benin, Cameroon, Cote d'Ivoire, Gabon, India, Indonesia, Kazakhstan, Libya, Malaysia, Mauritania, Namibia, Nepal, Pakistan, Qatar, Senegal, Somalia, Sudan, United Arab Emirates, and Uzbekistan. 

In a resolution (A/HRC/49/L.26) on the Human rights situation in the Occupied Palestinian Territory, including East Jerusalem, and the obligation to ensure accountability and justice, adopted by a vote of 37 in favour, 3 against and 7 abstentions, the Council demands that Israel, the occupying power, withdraw from the Palestinian territory occupied since 1967, including East Jerusalem, and stresses that all efforts to end the Israeli-Palestinian conflict should be grounded in respect for international humanitarian law and international human rights law and relevant United Nations resolutions.  The Council further condemns all acts of violence, including all acts of terror, provocation, incitement and destruction, including unlawful lethal and other excessive use of force by Israeli occupying forces against Palestinian civilians; and condemns the firing of rockets against Israeli civilian areas resulting in loss of life and injury.  The Council requests the United Nations High Commissioner for Human Rights to end the reporting on the implementation of Human Rights Council resolutions S-9/1 and S-12/1; 28.  Also requests the United Nations High Commissioner for Human Rights to report on the implementation of the present resolution to the Human Rights Council at its fifty-second session, to be followed by an interactive dialogue

The results of the vote are as follows:

In favour (37): Argentina, Armenia, Benin, Bolivia, China, Cote d'Ivoire, Cuba, Eritrea, Finland, France, Gabon, Gambia, Germany, Indonesia, Japan, Kazakhstan, Libya, Lithuania, Luxembourg, Malaysia, Mauritania, Mexico, Montenegro, Namibia, Netherlands, Pakistan, Paraguay, Poland, Qatar, Republic of Korea, Russian Federation, Senegal, Somalia, Sudan, United Arab Emirates, Uzbekistan, and Venezuela. 

Against (3): Brazil, Malawi, and United States.

Abstentions (7): Cameroon, Honduras, India, Marshall Islands, Nepal, Ukraine, and United Kingdom.

Action on Resolutions under Agenda Item Three on the Promotion and Protection of All Human Rights, Civil, Political, Economic, Social and Cultural Rights, including the Right to Development 

In a resolution (A/HRC/49/L.2) on 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 violations of the freedom of thought, conscience, religion or belief, and any advocacy of religious hatred that constitutes incitement to discrimination, hostility or violence, whether it involves the use of print, audiovisual or electronic media or any other means.  The Council decides to extend the mandate of the Special Rapporteur on freedom of religion or belief for a further period of three years and invites the Special Rapporteur to discharge the mandate in accordance with paragraph 18 of Human Rights Council resolution 6/37 of 14 December 2007.  The Council urges all Governments to cooperate fully with the Special Rapporteur and to respond favourably to the requests of the mandate holder to visit their countries, and to provide the mandate holder with all the information necessary to enable him or her to fulfil the mandate even more effectively.

In a resolution (A/HRC/49/L.6) on the Negative impact of unilateral coercive measures on the enjoyment of human rights, adopted by a vote of 27 in favour, 14 against and 6 abstentions, the Council urges all States to stop adopting, maintaining or implementing unilateral coercive measures not in accordance with international law, international humanitarian law, the Charter of the United Nations and the norms and principles governing peaceful relations among States.  It calls upon States and relevant United Nations agencies to take concrete measures to mitigate the negative impact of unilateral coercive measures on humanitarian assistance, and to resolve their differences through dialogue and peaceful means.  Further, it requests the Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights to continue her work, and to study establishing an effective, impartial and responsive mechanism to assess, document, report and follow up the negative impact of unilateral coercive measures.  The Council requests the High Commissioner, relevant special procedures of the Council and the treaty bodies to pay attention to the situation of persons whose rights have been violated as the result of unilateral coercive measures.

The results of the vote are as follows:

In favour (27): Argentina, Benin, Bolivia, China, Cote d'Ivoire, Cuba, Eritrea, Gabon, Honduras, India, Indonesia, Kazakstan, Libya, Malawi, Malaysia, Mauritania, Namibia, Nepal, Pakistan, Qatar, Russian Federation, Senegal, Somalia, Sudan, United Arab Emirates, Uzbekistan, and Venezuela. 

Against (14): Finland, France, Germany, Japan, Lithuania, Luxembourg, Marshall Islands, Montenegro, Netherlands, Poland, Republic of Korea, Ukraine, United Kingdom, and United States. 

Abstentions (6): Armenia, Brazil, Cameroon, Gambia, Mexico, and Paraguay. 

In a resolution (A/HRC/49/L.8) on Cultural rights and the protection of cultural heritage, adopted without a vote, the Council calls upon all States to respect, promote and protect the right of everyone to take part in cultural life, and urges all parties to armed conflicts to refrain from any unlawful military use or targeting of cultural property.  It calls for enhanced international cooperation in preventing and combatting the organized looting, smuggling and theft of and illicit trafficking in cultural objects and in restoring stolen, looted or trafficked cultural property to its country of origin.  Further, it requests the High Commissioner to refine and develop appropriate tools for the dissemination of an approach to the protection, restoration and preservation of cultural heritage; to convene before the fifty-fifth regular session of the Council a one-day workshop to review and promote the tools for the dissemination and possible methods of implementation of an approach to the protection, restoration and preservation of cultural heritage that promotes universal respect for cultural rights by all, and to make the workshop accessible to persons with disabilities; and to submit a report to the Council at its fifty-eighth session.

In a resolution (A/HRC/49/L.10) on Commemoration of the thirty-fifth anniversary of the Declaration on the Right to Development, adopted by a vote of 33 in favour, none against and 14 abstentions, the Council decides to convene at its fifty-second session a full-day high-level meeting on the promotion and protection of the right to development as a celebration of the thirty-fifth anniversary of the Declaration on the Right to Development.  It requests the Office of the United Nations High Commissioner for Human Rights to organize the high-level meeting and ensure the participation of relevant United Nations bodies, agencies, funds and programmes, treaty bodies, special procedure mandate holders, national human rights institutions and civil society.  It further requests the High Commissioner to prepare a summary report on the high-level meeting and to submit it to the Human Rights Council at its fifty-fourth session.

The results of the vote are as follows:

In favour (33): Argentina, Armenia, Benin, Bolivia, Brazil, Cameroon, China, Côte d'Ivoire, Cuba, Eritrea, Gabon, Gambia, Honduras, India, Indonesia, Kazakhstan, Libya, Malawi, Malaysia, Mauritania, Mexico, Namibia, Nepal, Pakistan, Paraguay, Qatar, Russian Federation, Senegal, Somalia, Sudan, United Arab Emirates, Uzbekistan, and Venezuela. 

Against (0)

Abstentions (14): Finland, France, Germany, Japan, Lithuania, Luxembourg, Marshall Islands, Montenegro, Netherlands, Poland, Republic of Korea, Ukraine, United Kingdom, and United States. 

In a resolution (A/HRC/49/L.11) on Prevention of genocide, adopted without a vote, the Council requests the Secretary-General to draw up a roster of focal points and networks on the prevention of genocide with updated information from Member States.  It also requests the Secretary-General to prepare a follow-up report on the implementation of the provisions of this resolution, and the Office of the High Commissioner to prepare a summary report on the intersessional meeting on genocide, with both reports to be submitted at the Council’s fifty-ninth session and to the General Assembly.  The Council decides to convene, before its fifty-sixth session, a one-day intersessional meeting to mark the seventy-fifth anniversary of the Convention on the Prevention and Punishment of the Crime of Genocide and to discuss the role of social media platforms and their instrumentalization by those seeking to spread hate leading to real-world discrimination and violence, which will provide a space for a thorough examination of the issue and a dialogue with various stakeholders.  It invites the Special Adviser to the Secretary-General on the Prevention of Genocide to an interactive dialogue with the Human Rights Council at its fifty-third session on the progress made in discharging her/his duties.

In a resolution (A/HRC/49/L.14) 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.  It further requests all Governments to cooperate fully with the Special Rapporteur in the performance of the tasks and duties mandated, and calls upon all Governments to respond favourably to the requests of the Special Rapporteur to visit their countries.

In a resolution (A/HRC/49/L.16) on the Right to work, adopted without a vote, the Council decides to organize a panel during the fifty-first session on the future of the right to work in connection with climate change actions, responses and impacts in the context of sustainable and inclusive economies, to identify the major challenges, experiences and best practices.  The Council further requests the Office of the United Nations High Commissioner for Human Rights to prepare an analytical report on the future of the right to work in connection with climate change actions, responses and impacts in the context of sustainable and inclusive economies, based on the discussions during the panel, and to submit the report to the Human Rights Council at its fifty-fourth session.

In a resolution (A/HRC/49/L.21) on Participation of persons with disabilities in sport, and statistics and data collection, adopted without a vote as orally revised, the Council requests the Office of the High Commissioner to present an oral report to the Human Rights Council on the implementation of the United Nations Disability Inclusion Strategy across its programmes and operations at its fifty-third and fifty-sixth sessions; decides that its next annual interactive debate on the rights of persons with disabilities will be held at its fifty-second session, and will focus on support systems to ensure community inclusion of persons with disabilities; decides to hold at its fifty-fifth session an interactive debate on the rights of persons with disabilities, which will focus on good practices of support systems enabling community inclusion of persons with disabilities, and will have international sign interpretation and captioning; requests the Office of the High Commissioner to prepare its next annual thematic study on the rights of persons with disabilities on support systems to ensure community inclusion of persons with disabilities, including as a means of building forward better after the COVID-19 pandemic, and to prepare its subsequent study on good practices of support systems enabling community inclusion of persons with disabilities.

In a resolution (A/HRC/49/L.22) 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 for a period of three years to enable the mandate holder to continue to work in accordance with the mandate established by the Human Rights Council in its resolution 6/2 of 27 September 2007.  The Council further requests the Special Rapporteur to report annually on the implementation of the mandate to the Human Rights Council and the General Assembly in accordance with their programmes of work.

In a resolution (A/HRC/49/L.23/Rev.1) on Rights of persons belonging to national or ethnic, religious and linguistic minorities adopted without a vote, the Council commends the Special Rapporteur on minority issues for his work and for the important role that he has played in raising the level of awareness of and in giving added visibility to the rights of persons belonging to national or ethnic, religious and linguistic minorities; notes the completion, in December 2021, of the fourteenth session of the Forum on Minority Issues, on conflict prevention and the protection of the human rights of minorities; and requests the High Commissioner to continue to present an annual report to the Human Rights Council containing information on relevant developments. 

In a resolution (A/HRC/49/L.24) on 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 29 in favour, 14 against and 4 abstentions, the Council takes note with appreciation of the initial report of the new mandate holder on the preliminary workplan for the mandate and the thematic areas identified therein, and of the report of her predecessor on international debt architecture reform and human rights; invites the Independent Expert to give, in accordance with her mandate, appropriate consideration to the impact of all international financial obligations on groups living below the poverty line, including women, youth, children, persons with disabilities, indigenous peoples, migrants and persons belonging to national, ethnic, religious and linguistic minorities suffering from socioeconomic inequalities and discrimination; and reiterates its request to the High Commissioner  to pay more attention to the problem of the debt burden of developing countries, in particular of least developed countries, and especially the social impact of the measures arising from foreign debt.

The results of the vote were as follows:

In favour (29): Argentina, Benin, Bolivia, Cameroon, China, Cote d'Ivoire, Cuba, Eritrea, Gabon, Gambia, Honduras, India, Indonesia, Kazakhstan, Libya, Malawi, Malaysia, Mauritania, Namibia, Nepal, Pakistan, Qatar, Russian Federation, Senegal, Somalia, Sudan, United Arab Emirates, Uzbekistan, and Venezuela. 

Against (14): Brazil, Finland, France, Germany, Japan, Lithuania, Luxembourg, Montenegro, Netherlands, Poland, Republic of Korea, Ukraine, United Kingdom, and United States. 

Abstentions (4): Armenia, Marshall Islands, Mexico, and Paraguay.

In a resolution (A/HRC/49/L.25) on Promotion of the enjoyment of the cultural rights of everyone and respect for cultural diversity, adopted without a vote, the Council takes note with appreciation of the initial report of the new mandate holder on the preliminary workplan for the mandate and the thematic areas identified therein; calls upon all Governments to cooperate with and to assist the Special Rapporteur in the field of cultural rights in the discharge of the mandate, to provide the mandate holder with all the necessary information requested by her and to give serious consideration to responding favourably to her requests to visit their countries in order to enable her to fulfil her duties effectively.

In a resolution (A/HRC/49/L.35) on Adequate housing as a component of the right to an adequate standard of living, and the right to non-discrimination in this context, adopted without a vote, the Council calls upon States to give due consideration to integrating the human right to adequate housing into the implementation of the New Urban Agenda and the 2030 Agenda for Sustainable Development, with a particular view to the right to non-discrimination in this context; welcomes the work of the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context and takes note of his reports, including his most recent report on discrimination, spatial segregation and the right to adequate housing.

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Link: https://www.ungeneva.org/en/news-media/meeting-summary/2022/03/le-conseil-des-droits-de-lhomme-adopte-16-resolutions-dont-0

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