HUMAN RIGHTS COUNCIL HOLDS SEPARATE INTERACTIVE DIALOGUES WITH WORKING GROUP ON ARBITRARY DETENTION AND INDEPENDENT EXPERT ON THE ENJOYMENT OF ALL HUMAN RIGHTS BY OLDER PERSONS
The Human Rights Council this morning held separate interactive dialogues with the Working Group on arbitrary detention and the Independent Expert on the enjoyment of all human rights by older persons.
Speaking on arbitrary detention were European Union, Lithuania (on behalf of Nordic-Baltic countries), UN Women, State of Palestine, Canada, Afghanistan, Pakistan, Cuba, Ecuador, Burkina Faso, Armenia, Democratic People's Republic of Korea, Saudi Arabia, Libya, Iraq, Ukraine, Morocco, Mexico, China, Botswana, Iran, Switzerland, Netherlands, Bahrain, Venezuela, Uruguay, Spain, Jordan, Russian Federation, Egypt, Nigeria, Myanmar, Colombia, South Africa, Japan and France.
Also taking the floor were the following non-governmental organizations : Freemuse - The World Forum on Music and Censorship, Article 19 - International Centre Against Censorship, Ingénieurs du Monde, Law Council of Australia, Commonwealth Human Rights Initiative, International Association of Democratic Lawyers, Helsinki Foundation for Human Rights, Lawyers’ Rights Watch Canada, and the International Federation of ACAT (Action by Christians for the Abolition of Torture).
Speaking on the enjoyment of all human rights by older persons were China, New Zealand, European Union, Portugal, Costa Rica on behalf of a group of countries, Burkina Faso on behalf of the African Group, Singapore on behalf of a group of countries, United Nations High Commissioner for Refugees, Sovereign Order of Malta, UN Women, Israel, Slovenia, Holy See, Qatar, France, Pakistan, Djibouti, Burkina Faso, Armenia, Indonesia, Saudi Arabia, Libya, Australia, India, Senegal, Iraq, Morocco, Chile, El Salvador, Bangladesh, Namibia, Paraguay, Austria, Iran, Cameroon, United Nations Population Fund, Angola, Republic of Korea, Venezuela, Malta, Nepal, Malaysia, Montenegro, Sudan, Albania, Georgia, New Zealand, Poland, United Kingdom, Egypt, Tunisia, Ecuador and Kenya.
Also taking the floor were the following non-governmental organizations : Commission des droits de l’homme des Philippines, HelpAge International, International Network for the Prevention of Elder Abuse, Alliance Defending Freedom, Society for Threatened Peoples, Global Action on Aging, International Lesbian and Gay Association, China Family Planning Association, iuventum e.V., Lawyers’ Rights Watch Canada, and China Society for Human Rights Studies.
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-fifth regular session can be found here.
At 1.15 p.m., the Council will hold an interactive discussion with the Independent Expert on the promotion of a democratic and equitable international order.
Interactive Dialogue with the Working Group on Arbitrary Detention
Presentation of Reports
LEIGH TOOMEY, Chair-Rapporteur of the Working Group on arbitrary detention, said the Working Group in its report urged States and other stakeholders to address the situation of female detainees, including by giving full effect to safeguards embodied in global standards such as the Bangkok Rules and continuing to bring the situation of women deprived of their liberty to its attention. It further called upon States to ensure the enjoyment of the right to effective legal assistance by all persons deprived of their liberty, and use modern technologies to minimize the need to resort to deprivation of liberty, without discrimination in providing access to such opportunities.
On its visit to Qatar, the Working Group had identified several positive developments, such as the accession to the International Covenant on Civil and Political Rights in 2018. At the same time, the Working Group had identified challenges in the criminal justice system, such as ensuring prompt presentation of detainees before a judicial authority, and guaranteeing detainees access to legal assistance.
On its visit to Greece, while having identified several positive developments, including the ratification of the Optional Protocol to the Convention against Torture, the Working Group had observed challenges in the criminal justice system, such as widespread pre-trial detention, insufficient awareness of the right to legal assistance, and instances of short trials.
Statements by Concerned Countries
Greece , speaking as a concerned country, said Greece had ratified the Optional Protocol to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and had designated the Greek Ombudsman as the national preventive mechanism. Furthermore, all detainees upon their admission to a detention facility were informed of their rights and the possible ways to contest measures taken against them. To better cope with the effects of the COVID-19 pandemic, a Guide on Psychological Management was about to be distributed to all detention facilities. To address the problem of overcrowding in detention facilities, the General Secretariat for Crime Policy at the Ministry of Citizen Protection had proceeded, inter alia, with the construction of new facilities. Greece, with the assistance of the European Union, was establishing and developing the foundations and procedures to adequately cope with the needs of unaccompanied minors.
Qatar , speaking as a concerned country, said it had appreciated the constructive discussions that had taken place during the visit. Last year, Qatar had hosted visits by four Special Procedure mandate holders and was looking forward to hosting another one this year. The report by the Working Group had been mainly positive and had highlighted recent positive developments, as well as some policies such as community-based psychological care offered by the Government. As regards the COVID-19 pandemic, the authorities had taken preventive measures to protect inmates, such as regular health and medical tests, the implementation of a monitoring strategy, the provision of disinfectants, and the issuance of an amnesty that had benefited more than 500 prisoners. Some of the Working Group’s recommendations did not take into account the religious and cultural specificities of Qatar.
National Human Rights Institution of Qatar said it was examining several laws related to the fight against terrorism. It also indicated that a Commission was in charge of visits to detention centres and deportation centres. Places of detention were the subject of the drafting of numerous documents and guidelines in the field of human rights, particularly with regard to non-discrimination, respect for beliefs and religions, or the rights of prisoners. The National Human Rights Committee had also organized dozens of training sessions on arbitrary detention and the Convention against Torture.
Discussion
Speakers regretted the low response rates to the Working Group’s communications, and expressed grave concerns about the arbitrary detentions of foreign citizens for the purposes of coercive diplomacy. They welcomed the Working Group’s work on female prisoners. Some speakers questioned the Working Group’s methodology, cautioning that disregarding a State’s responses and a lack of objectivity would damage the reputation of the mechanism. The right to challenge the decision to impose the privation of liberty applied to mandatory quarantines. Speakers urged the release of all human rights defenders who had been arbitrarily deprived of liberty.
Interim Remarks
LEIGH TOOMEY, Chair-Rapporteur of the Working Group on arbitrary detention, said that it was important that the use of modern technologies not be discriminatory. The number of recommendations made by the Working Group attested to the broad variety of its work, as well as to the fact that it was not focusing on any countries or regions but rather carrying out its mandate to the fullest extent possible.
Discussion
Speakers said they shared the Working Group’s concerns about the negative impact of the current financial situation of the United Nations Secretariat on its ability to discharge its mandate. They flagged the arbitrary detention of people because of their cultural expression and urged the Working Group to remind States of their obligation to ensure people deprived of liberty had access to competent legal assistance at all stages of criminal procedures. The pandemic must not be used to silence human rights defenders, speakers emphasised.
Concluding Remarks
LEIGH TOOMEY, Chair-Rapporteur of the Working Group on arbitrary detention, recalled that pre-trial detention must be an exceptional measure under international law. The Working Group only considered allegations based on objective facts, and, with an adversarial approach, provided States with the opportunity to respond to them.
Interactive Dialogue with the Independent Expert on the Enjoyment of all Human Rights by Older Persons
Presentation of Reports
CLAUDIA MAHLER, Independent Expert on the enjoyment of all human rights by older persons , presenting her report on the human rights of older persons : the data gap, said the pandemic had – until now - had a disproportionate impact on older persons and had magnified existing violations of their rights. One of the issues the pandemic had also exposed was the flagrant lack of data on older persons to capture their lived realities and the enjoyment of their human rights. To improve the existing data ecosystem, standards and reporting requirements were needed. This would be an important impetus for statistical offices to gather more data on older persons. Collected data must exclusively be used for the purpose that older persons had consented to, with full respect for the principle of data minimization and for human rights standards. There was a need for robust data protection in view of the challenges related to privacy, individual data sovereignty and informational self-determination, including those arising from the increasing passive collection of data.
Statements by Concerned Countries
China , speaking as a concerned country, said the report had noted the commitment of the Government to the promotion and protection of the rights of older people, as well as the great achievements in poverty reduction, including amongst the elderly. The Government would examine the positive recommendations and actively consider their implementation. China had always paid a high degree of attention to the issue of aging, which it endeavoured to address as part of its work to foster socioeconomic development. As the Government sought to eradicate absolute poverty, the rights of the elderly would be better protected. China had put forward the concept of smart elderly care, using digital technologies to ensure that the elderly were secure, safe and cared for.
New Zealand , speaking as a concerned country, said it approached visits such as the one by the Independent Expert as an opportunity to learn and identify areas for improvement. The older population in New Zealand was increasingly diverse with increasingly diverse needs. The Government was committed to enhancing the protection of all the rights of older people. As the Independent Expert had outlined, COVID-19 posed a particular set of risks to older people. This situation had required specific policies responses on the part of the Government. These policies were guided by a strategy, which centred on a healthy aging, inter alia, and sought to ensure coherence, providing guidelines to various stakeholders such as businesses and community groups.
Discussion
Speakers said a human rights approach was needed to ensure that older people remained active actors in society. The COVID-19 pandemic continued to have a disproportionate impact on elderly people, demonstrating the importance of age-disaggregated information, which would allow the implementation and monitoring of adequate and efficient measures. Expressing concerns about poverty among older people, speakers asked the Independent Expert what had been the impact of the lack of data on older persons on the response to the pandemic. For too many older women, systemic racism and poverty compounded the effects of the pandemic.
Interim Remarks
CLAUDIA MAHLER, Independent Expert on the enjoyment of all human rights by older persons , said that it was important to disaggregate data by age, as was taking into account diversity. She encouraged States to include various age cohorts beyond 65 years old. Older persons must be better included in the digital sphere as well as in efforts to “build back better” in the wake of the pandemic.
Discussion
Speakers said that with the higher risk for severe illness and higher mortality rates from COVID-19, older persons were refraining from physical contact with others and suffering from isolation and loneliness in addition to the concerns over the infectious disease. The lack of a digital footprint left by older persons was a major problem that must be addressed. Expressing concerns about the absence of references to sexual orientation, gender identity and expression and sex characteristics in the report of the Independent Expert, speakers said lesbian, gay, bisexual, trans and intersex older persons had faced lifelong exposure to stigma, discrimination, and even violence, which led to worsened health outcomes. Participatory democratic processes including older persons were vital, and more empathy towards the elderly was needed.
Concluding Remarks
CLAUDIA MAHLER, Independent Expert on the enjoyment of all human rights by older persons , said the crisis had shown that the time had come to change the way that older persons were perceived and treated. Stressing the need to tackle stereotypes, she said improving data collection was key to address protection gaps through adequate measures and monitoring.
HRC20.094E