MORNING - Human Rights Council Adopts Universal Periodic Review Outcomes of Thailand and Ireland
Hears the Presentation of Five Reports and Starts General Debate on Human Rights Bodies and Mechanisms
The Human Rights Council this morning adopted the Universal Periodic Review outcomes of Thailand and Ireland. The Council then heard the presentation of five reports on the Forum on Human Rights, Democracy and the Rule of Law; Forum on Minority Issues; Social Forum; activities of Special Procedures; and on the prevention of human rights violations, and started a general debate on its agenda item five on human rights bodies and mechanisms.
Jan Beagle, Chair of the Forum on Human Rights, Democracy and the Rule of Law, presenting the report of the third session of the Forum, said the rise in instability and violence was the most visible manifestation of increased fragility which affected all countries, and to which none were immune. The Council should address issues relating to the rule of law and access to justice more regularly, including by requesting existing Human Rights Council mandate holders to consider the issues, and by exploring new avenues to advance discussions on these subjects.
Fernand de Varennes, Special Rapporteur on minority issues, presenting the report of the fourteenth session of the Forum on Minority Issues, said the theme was “Conflict prevention and the protection of the human rights of minorities”. The international community and United Nations institutions were not sufficiently focusing where it was most needed to recognise and address the main factors leading to conflicts, in order to develop effective mechanisms and tools that privileged early warning and conflict prevention.
Abdul-Karim Hashim Mostafa, Chair-Rapporteur of the 2021 Social Forum, presenting the report of the 2021 Social Forum, said participants agreed that the COVID-19 pandemic and other global challenges had shed light on global interdependence and interconnectedness. The pandemic had exacerbated long-standing social and economic inequalities and violations of human rights, and in this global crisis, developing countries, in particular least developing countries, had been hardest hit.
Victor Madrigal-Borloz, Chair of the Coordination Committee of Special Procedures, presenting a report on activities of Special Procedures, said during the course of this year, despite the ongoing challenges of the pandemic, significant activities had been relaunched, including country visits and appearing in person before the Council; these activities were vital in discharging the mandates. States and other stakeholders should cooperate with and provide constructive support to mandate holders.
Ilze Brands Kehris, Assistant Secretary‑General for Human Rights, presenting the report of the Secretary-General on current system-wide delivery and financing of, and existing gaps in, technical assistance and capacity building that support the implementation by States of their international human rights obligations and commitments, said the Office of the High Commissioner for Human Rights’ strategic approach to prevention focused on addressing the root causes of crises through human rights in an effort to build resilience, and sustain peace and development. The international human rights framework, and its mechanisms for implementation, provided a critical foundation to achieve this.
In the general debate on agenda item five on human rights bodies and mechanisms, speakers said the enhancement of coherence in the work of the mandate holders, treaty bodies and other bodies was very important. The work of the Special Procedures to assist States in strengthening their human rights was very important, whilst avoiding politicisation and selectivity of mandates and mandate holders. Human rights were universal, inter-dependent and inter-related.
All States should have a standing open invitation to all mandate holders. Threats against human rights defenders and members of civil society who had collaborated with the United Nations must stop and be prosecuted fully. All mandate holders must enjoy full cooperation from all States without exception, and be provided with adequate financing for their activities.
Speaking in the Universal Periodic Review of Thailand were Sri Lanka, UN Women, United Kingdom, United Nations Population Fund, Venezuela, Viet Nam, Algeria, Belgium, Botswana, Brunei Darussalam, Cambodia, China and Côte d’Ivoire.
Also speaking were the following civil society organizations: International Planned Parenthood Association, Lawyers for Lawyers, Save the Children International, PLAN International, Minority Rights Group, International Lesbian and Gay Association, Centre for Global Non-Killing, Asian Forum for Human Rights and Development, international Federation for Human Rights Leagues, and Action Canada for Population and Development.
Speaking in the Universal Periodic Review Outcome of Ireland were Nepal, Nigeria, Russian Federation, Sierra Leone, South Africa, Sri Lanka, Venezuela, Viet Nam, Algeria, China, Botswana, Burkina Faso and Cuba.
Also speaking were the following civil society organizations: International Organization Against All Forms of Discrimination and Racism, Edmund Rice International, PLAN International, World Jewish Congress, International Volunteerism Organization for Women, Education and Development, Ingenieurs du Monde, Meezaan Center for Human Rights, Association Ma’onah for Human Rights and Immigration, and United Towns Agency for North-South Cooperation.
Speaking in the general debate under item five were Philippines (on behalf of the Association of Southeast Asian Nations), France (on behalf of the European Union), Luxembourg (on behalf of a group of countries), Pakistan (on behalf of the Organization of Islamic Cooperation), Azerbaijan (on behalf of the Non-Aligned Movement), Portugal (on behalf of a group of countries), Romania (on behalf of a group of countries), Cuba (on behalf of a group of countries), China (on behalf of a group of countries), Switzerland (on behalf of a group of countries), Germany (on behalf of a group of countries), China, Germany, Venezuela, Cuba, Nepal, Malaysia, Armenia, Pakistan, India and Russian Federation.
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 this afternoon at 3 p.m. to continue and conclude the general debate under agenda item five on human rights bodies and mechanisms, followed by the general debate under agenda item six on the Universal Periodic Review.
Consideration of Outcome of Universal Periodic Review of Thailand
Presentation by Thailand
RONGVUDHI VIRABUTR, Deputy Permanent Representative and Charge d’Affairs of the Permanent Mission of Thailand to the United Nations Office at Geneva, said Thailand supported 218 out of 278 recommendations. It had already implemented some of the recommendations as well as eight voluntary pledges. As for the recommendations that Thailand took note of, they would continue to be discussed and reflected upon. Concerning recommendations on the rights of lesbian, gay, bisexual, transgender and intersex plus persons, despite accepting some, Thailand noted some, in particular those that elaborated too specific actions for law enactment and too rigid time frames that were not viewed as in line with the on-going development on the issue. As part of Thailand’s on-going process to upgrade its management of irregular migrants, protect their rights, and provide appropriate assistance to those in need, efforts to lay groundwork in developing a National Screening Mechanism were well underway. Thailand’s COVID-19 vaccination policy was based on the same principle as its Universal Health Coverage Scheme. Thailand was working to ensure accessibility and affordability of COVID-19 vaccines and treatments for all, including the marginalised and migrants. Mr. Virabutr said he looked forward to hearing the views from both States and civil society alike so that Thailand could continue the constructive engagement to promote and protect human rights.
Discussion
In the discussion on Thailand, speakers said that steps taken by Thailand, with the International Organization for Migration and the United Nations Development Programme, to establish a national mechanism for victims of trafficking and an electronic database to register them were appreciated. The efforts to advance social protection for vulnerable groups, including women and children, were also noted, as were efforts to promote peace and security. Women’s political participation was important, and the increasing presence of women in politics and in the Supreme Court were appreciated, as was the elimination of barriers to their participation. However, violence against women was prevalent, and more efforts needed to be made to achieve gender equality.
There was concern for the potential negative impact of new legislation, in particular on civic space and fundamental freedoms, as well as on the media; Thailand should ensure that civil space was defended and that media workers could operate freely. The active engagement of the Government in the Universal Periodic Review process was commended, as were its efforts to promote social inclusion and realise reproductive rights for all the reproductive age population, empowering women and girls and vulnerable populations, including persons with disabilities; lesbian, gay, bisexual, transgender and queer persons; and persons with disabilities. The efforts to lift the population out of poverty were also applauded. Universal health coverage, access to information and proper registration were also available to migrant workers, which had proved of great assistance during the COVID-19 pandemic.
The Vice-President of the Council informed that out of 278 recommendations received, 218 enjoyed the support of Thailand, and 60 were noted.
Concluding Remarks
RONGVUDHI VIRABUTR, Deputy Permanent Representative and Charge d’Affairs of the Permanent Mission of Thailand to the United Nations Office at Geneva, said that the Royal Thai Government always took an ambitious approach in considering the recommendations received. The Universal Periodic Review process would continue to constitute a vital part of Thailand’s comprehensive and systematic efforts on human rights. This included the on-going process of drafting the fifth National Human Rights Plan (2023-2027), which would serve as a human rights framework for the various agencies in specific areas, paying attention also to specific vulnerable groups. The adoption of the Universal Periodic Review outcome today indeed marked the beginning towards many steps in going forward to make new and concrete human rights progress at home. Thailand would do its utmost to translate the commitments it had made into actions and, in doing so, to ensure that all stakeholders, in particular civil society, would be engaged at all stages. The mid-term review, one of the country voluntary pledges, would also maintain the momentum to ensure the continuation of its work, and form an additional basis for future cooperation to promote and protect human rights in Thailand and beyond.
Consideration of Outcome of Universal Periodic Review of Ireland
Presentation by Ireland
MICHAEL GAFFEY, Permanent Representative of Ireland to the United Nations Office at Geneva, said Ireland was fully committed to the Universal Periodic Review process, as it was a vital mechanism for raising the profile of human rights domestically and internationally. Ireland was committed to combatting all forms of racism in society. The Programme for Government committed to publishing a new National Action Plan against Racism. Since the last review, Ireland had developed and applied a strategic approach to gender equality, under its whole-of-Government National Strategy for Women and Girls 2017-2021. The vision at the heart of this strategy was ‘an Ireland where all women enjoy equality with men and can achieve their full potential, while enjoying a safe and fulfilling life.’ The Strategy had led to the enactment of legislation that required companies to report on the gender pay gap. In addition to these measures, reforms to electoral legislation adopted in 2012 first came into effect in 2016, aiming to increase the participation of women in political decision-making.
The Government was committed to tackling domestic, sexual and gender-based violence in all its forms. Work was concluding on the development of Ireland’s third national strategy to combat domestic, sexual, gender-based violence on a whole-of-government basis. Ending gender-based violence was also a central component of Ireland’s third National Action Plan on Women, Peace and Security, also adopted in 2019. Ireland’s new housing strategy: ‘Housing for All - a New Housing Plan for Ireland’, was a multi-annual, multi-billion euro plan, which was improving Ireland’s housing system and delivering more homes for people with different housing needs. The Irish Government took its responsibility to investigate and address historic wrongs very seriously, and in the context of Mother and Baby and County Home institutions, the State had failed to protect vulnerable citizens, and to uphold their most fundamental rights. The promotion of human rights would remain as a central focus of domestic and foreign policies.
National Human Rights Commission of Ireland said the Commission was keen to ensure action on the recommendations, including the implementation of the Optional Protocols to the Convention against Torture and the Convention on the Rights of Persons with Disabilities, which remained areas of significant delay and Ireland was thanked for focusing on these. Ireland should step up efforts to deal with access to housing, in particular for the Roma community and vulnerable communities such as women victims of violence. Ireland should fully implement the National Action Plan to Combat Racism and Discrimination, and enhance efforts to combat human trafficking by addressing systemic lacks in identifying victims, and providing housing to victims, among other points.
Discussion
Speakers commended Ireland for accepting the recommendations of many delegations, including pursuing its efforts to strengthen and increase national programmes for social inclusion, and pursuing its efforts to eliminate obstacles to education and employment for persons with disabilities. They were confident that these recommendations had already spurred the Irish authorities to take a critical look at their own human rights record. Speakers expressed their appreciation to Ireland for accepting to ratify the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; develop a national housing strategy to generate affordable housing; and combat racial discrimination, with particular attention paid to the needs of vulnerable communities, including Travellers, Roma, migrants, and refugees.
Other speakers expressed concern about reported incidents of racial profiling by police and of racist hate speech, including by politicians. They remained concerned about the increase in attacks, discrimination and harassment against migrants and ethnic minorities. Despite similar commitments in previous Universal Periodic Reviews, Ireland still lacked effective legislation against discrimination. The Irish immigration system also lacked a statutory right for migrant victims of domestic violence to retain their immigration status. Speakers stressed the importance of ensuring that the protection of refugees and migrants was in line with international standards. Hereby, they called on Ireland to incorporate the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination, as well as a full incorporation of the 1951 Convention relating to the Status of Refugees. Speakers strongly urged Ireland to adopt legislation that provided all victims of domestic violence with an independent status, and also called for the full implementation of article 59 of the Istanbul Convention.
The Vice-President of the Council informed that out of 260 recommendations received, 221 enjoyed the support of Ireland, while 33 had been noted.
Concluding Remarks
MICHAEL GAFFEY, Permanent Representative of Ireland to the United Nations Office at Geneva, said Ireland was fully committed to the Universal Periodic Review process and genuinely valued the input of other countries and stakeholders to that process. Ireland took on board and noted all comments and advice so that it could continue to promote and protect human rights in Ireland and internationally. The domestic consultation process had been robust, effective and valuable.
Presentation of Reports under Agenda Item Five on Human Rights Bodies and Mechanisms
JAN BEAGLE, Director-General of the International Development Law Organization, presented the report of the third session of the Forum on Human Rights, Democracy and the Rule of Law, which took place in November 2021 on the theme of "Equal access to justice for all.” The rise in instability and violence was the most visible manifestation of increased fragility which affected all countries, and to which none were immune. Several years on from the adoption of the Sustainable Development Goals and their promise to leave no one behind, two-thirds of the world’s population lacked meaningful access to justice. This global justice gap affected everyone, but was most pronounced for the world’s most vulnerable. COVID-19 had exacerbated these trends, creating new justice challenges, compounding existing inequalities, and deepening social divides.
Ms. Beagle said that through four panel discussions, the Forum had considered the centrality of the ability to access justice to realising human rights, promoting inclusive and participatory governance, and building resilient societies. It explored how to make justice truly accessible to all, including in the context of emergencies, by putting people at its centre, and how to broaden the horizons of access to justice through technological innovation. Ms. Beagle then shared some of the key findings from the Forum. First, the Forum stressed that the Council should address issues relating to the rule of law and access to justice more regularly, including by requesting existing Human Rights Council mandate holders to consider the issues, and by exploring new avenues to advance discussions on these subjects. Second, the Forum emphasised the importance of strong, independent and transparent institutions that fostered integrity, countered corruption, and built trust. Third, the Forum recognised that in order to make access to justice a lived reality for all, justice institutions must be based on, and respond to, people’s needs. In addition, the Forum recommended that compulsory training, education and capacity-building programmes in human rights be established for law enforcement and judicial officials, together with strengthened institutional oversight and accountability. The Forum also underlined the importance of ensuring an empowering, enabling, and safe environment for civil society. Finally, the Forum recommended prioritising justice during emergencies. In crisis contexts, the rights to remedy, including the ability to access courts and tribunals, and the right to a fair trial, should be guaranteed.
FERNAND DE VARENNES, Special Rapporteur on minority issues, said that the Forum on Minority Issues held its fourteenth session on 2 and 3 December 2021. Pursuant to Human Rights Council resolution 19/23, the Forum provided a platform for promoting dialogue and cooperation on issues pertaining to national or ethnic, religious and linguistic minorities. It identified and analysed best practices, challenges, opportunities and initiatives for the further implementation of the Declaration on the Rights of Minorities. The core messages from the recommendations of the Forum was first that the international community and United Nations institutions were not sufficiently focussing where it was most needed to recognise and address the main factors leading to conflicts in order to develop effective mechanisms and tools that privileged early warning and conflict prevention. The point that was made often in different ways was that the United Nations and other players dealing with conflicts should be focussing most of their attention on the risk factors and early warning signs of conflicts that could emerge involving minorities.
Another recommendation, the Special Rapporteur said, was the need to mainstream the human rights dimension, specifically those of marginalised minorities and the sections within these minorities which were particularly vulnerable to abuse such as the intersection of the rights of women and persons with disabilities within these minority communities. Minorities may matter, but their human rights were not mainstreamed in the United Nations approaches or initiatives in conflict prevention. A third group of recommendations centred around the need to have more robust responses and monitoring tools to identify and address the early risk factors that could lead to conflicts: this included the explosion of hate speech in social media, as well as the increase of hate crimes, which around the world mainly targeted minorities. Other recommendations included that the United Nations should have institutional approaches and resources to address minority issues, such as a High-level Advisory Panel, or a Permanent Forum, such as there was for indigenous peoples and for people of African descent. Finally, minority experts should be employed as analysts and advisers and deployed within every United Nations peace operation and special political mission.
ABDUL-KARIM HASHIM MOSTAFA, Permanent Representative of Iraq to the United Nations Office at Geneva and Chairperson-Rapporteur of the 2021 Social Forum, said the 2021 Social Forum took place on 11 and 12 October 2021. Participants agreed that the COVID-19 pandemic and other global challenges had shed light on global interdependence and interconnectedness. The pandemic had exacerbated long-standing social and economic inequalities and violations of human rights, and in this global crisis, developing countries, in particular least developing countries, had been hardest hit. Countries learned that health security was an integral part of national security and socioeconomic security, and strong political leadership led to better preparedness and response. The multilateral system and global governance must be strengthened. The huge global gap in access to vaccines and medicines endangered millions of lives in developing countries, and posed a threat to people worldwide, as virus mutations had no borders. COVID-19 vaccines should be global public goods. Equal access to vaccines was a human right and a well-coordinated global approach to the development and distribution of vaccines was essential to an effective response. The COVID-19 pandemic had had disproportionate impacts on marginalised populations and groups, including women, children, older persons, persons with disabilities, indigenous peoples, and racial, ethnic and religious minorities. Unilateral coercive measures weakened the ability of targeted States to act in response to the pandemic, and resulted in major negative impacts on the enjoyment of the human rights of their populations.
The Chairperson-Rapporteur said that several forward-looking recommendations had emerged from the 2021 Social Forum. Among others, States and all stakeholders should ensure that any recovery from the pandemic was grounded in all human rights. In responding to a pandemic, States should ensure the participation of people in making decisions that affected their lives, and should enhance people’s understanding and confidence in the response measures by consultation, dialogue and communication. States should ensure universal and equitable access to COVID-19 vaccines and information. Governments of vaccine providers should examine their foreign policies to ensure that the pursuit of economic interests did not trump the health rights of the global population. States should also provide equal access to online education for children during school closures and ensure the safe return to school, with international support and cooperation when they were needed. States should further engage in consultation with persons with disabilities and their representative organizations to mainstream the disability dimension in their recovery plans. States should strengthen policy coherence, health security, national and socioeconomic security, political leadership, and responses based on sound public health practice and transparency. Finally, States and all stakeholders needed to take concrete steps to address the negative impact of the legacies of colonialism on the enjoyment of human rights.
VICTOR MADRIGAL-BORLOZ, Chair of the Coordination Committee of Special Procedures, presenting the report on activities of special rapporteurs/representatives, independent experts and working groups, said during the course of this year, despite the ongoing challenges of the pandemic, significant activities had been relaunched, including country visits and appearing in person before the Council; these activities were vital in discharging the mandates. The report reflected the wealth of contributions of the Special Procedures to the global human rights agenda and their creativity and commitment. Cross-cutting issues, such as gender, climate change and new technologies had been considered. Individual communications had reached record numbers - over 1,000 had been sent over the last year to States and other stakeholders. Cases had been tackled that could have a positive impact on the enjoyment of human rights of the persons concerned, and contributions made to the body of knowledge and academia. States and other stakeholders should cooperate with and provide constructive support to mandate holders.
All Special Procedure mandate holders were committed to cooperate with the larger United Nations family – while States were growingly committed to cooperating with the Special Procedures. There should be a more active use of human rights mechanisms in order to solve current challenges and better intertwine them with other processes to achieve maximum impact and create a sustainable financial basis for the mandates. The report showed that attention had been spread across the globe, promoting dialogue and technical cooperation. Some States did not cooperate at all, and others only selectively - the rate of response to individual communications left much to be desired. Some mandate holders had been threatened, and others faced baseless accusations as to their integrity and motivation. No Special Procedure mandate holder claimed to be above scrutiny- but disagreements should be constructive, and never spill over into the personal area. The Council should systematically condemn attacks on those who were entrusted with being its eyes and ears.
ILZE BRANDS KEHRIS, Assistant Secretary-General for Human Rights, presenting the Secretary-General’s report on “Current system-wide delivery and financing of, and existing gaps in, technical assistance and capacity building that support the implementation by States of their international human rights obligations and commitments ”, said the Office of the High Commissioner for Human Rights’ strategic approach to prevention focused on addressing the root causes of crises through human rights in an effort to build resilience, and sustain peace and development. The international human rights framework, and its mechanisms for implementation, provided a critical foundation to achieve this. As the pandemic had shown, investing in the promotion and protection of all human rights should reinforce resilience to unexpected shocks. The approach built on the Secretary-General’s prioritisation of prevention as a system-wide responsibility and the centrality placed on human rights to this end. The report presented today reflected on resilience, highlighting the relationship between a society’s enjoyment of all human rights and its resilience to crises. When human rights were protected and fulfilled, open and just societies could be built, and spaces for vibrant debate and civil space could be promoted and protected. With deep and secure human rights foundations, discrimination and exclusion could be addressed, the causes of crisis reduced, and capacity strengthened to face future pandemics and the climate crisis.
The report highlighted the progress made in working together within and beyond the United Nations system towards effectively integrating human rights in development, peace and security, and humanitarian work. It traced the critical role played by partners, national human rights institutions and civil society, in preventing human rights violations and crises. It urged all to maintain and build on that relationship and expand collaboration to other actors, including parliaments and regional organizations. States held the primary responsibility in implementing their human rights obligations. Through this report, States should see that investing in the implementation of human rights was a smart investment in the future for stability, prosperity and the benefit of all. Technical assistance and capacity building programmes were often central to supporting States’ implementation of policies and plans, providing specific expertise to inform the development of sound national policies, thus contributing to building national resilience.
General Debate on Human Rights Bodies and Mechanisms
Speakers said the enhancement of coherence in the work of the mandate holders, treaty bodies and other bodies was very important. The work of the Special Procedures to assist States in strengthening their human rights was very important, whilst avoiding politicisation and selectivity of mandates and mandate holders. Human rights were universal, inter-dependent and inter-related. The human rights pillar provided vital support to the States that needed it most, including capacity building in the field of bolstering States’ resilience to human rights challenges. All mandate holders must enjoy full cooperation from all States without exception, and must be provided with adequate financing for their activities. All States should have a standing open invitation to all mandate holders. Human rights defenders were supported, including through specific mechanisms, including civil society organizations, and their effective participation in all United Nations processes must be promoted. Threats against human rights defenders and members of civil society who had collaborated with the United Nations must stop and be prosecuted fully.
The Council’s bodies and mechanisms were an important part of the United Nations human rights machinery, and should assist countries in developing mechanisms to protect the rights of all, particularly minorities, stemming the tide of discrimination; however, there was a lack of geographical representation among the mandate holders themselves, and this caused a lack of diversity in viewpoints. Mandate holders’ full adherence to the code of conduct and the handbook was vital to ensure the independence and impartiality of the system. Mandate holders should help States upon requests by States, and in cooperation with them, and should not be used to question a State’s sovereignty, culture or society. They should respect communications from States and reflect them within their reports. Some Special Procedure mandate holders had gone beyond their mandate, in particular online. All Special Procedure mandate holders should continue to pay greater attention to economic, social and cultural rights and the right to development, address hate speech, and continue to encourage all countries to address inequalities and strengthen the rights of persons with disabilities. Politicisation should be avoided in the work of all the mandate holders, and they should instead encourage dialogue and cooperation.
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not an official record. English and French versions of our releases are different as they are the product of two separate coverage teams that work independently.
HRC22.046E