AFTERNOON - Human Rights Council Hears Presentation of Report on Promoting Accountability in the Democratic People’s Republic of Korea, and Starts General Debate on Human Rights Situations that Require the Council’s Attention
The Human Rights Council this afternoon heard a presentation of the High Commissioner’s report on promoting accountability in the Democratic People's Republic of Korea, and then began its general debate under agenda item four on human rights situations that require the Council’s attention.
Nada Al-Nashif, United Nations Deputy High Commissioner for Human Rights, presenting the High Commissioner’s report on promoting accountability for human rights violations in the Democratic People’s Republic of Korea, pursuant to resolutions 49/22 and 46/17, said this year marked the tenth anniversary of the establishment of the Commission of Inquiry on the situation of human rights in the Democratic People’s Republic of Korea. In its seminal report, the Commission of Inquiry concluded that there were reasonable grounds to believe that crimes against humanity had been committed and continued to be committed in the Democratic People’s Republic of Korea.
Ms. Al-Nashif said the Office of the High Commissioner for Human Rights had gathered and analysed a significant amount of information on serious human rights violations and possible international crimes since the creation of the field-based structure in Seoul in 2015. The Government of the Democratic People’s Republic of Korea should explore opportunities for technical engagement with the Office to promote human rights in the country and provide access to the country and to information about the current situation of human rights. The Council needed to continue to strengthen its support for the work being conducted, including the field-based structure in Seoul. The human rights of the people of the Democratic People’s Republic of Korea should not be forgotten.
The Democratic People's Republic of Korea did not take the floor as a country concerned.
The Human Rights Council then began its general debate on agenda item four on human rights situations that require the Council’s attention.
Many speakers pointed out violations of human rights in many countries and regions. Some speakers said that the respect for human rights was the bedrock of all rights, and all violations of human rights and fundamental freedoms were condemned, no matter where they occurred, in accordance with the United Nations Charter and international law. The positive developments that had occurred since the installation of the Human Rights Council must continue, based on cooperation and constructive dialogue.
All parties must respect international law, international humanitarian law, and its norms and principles. A flourishing society was inclusive and non-discriminatory, embracing different views and backgrounds, and some speakers expressed deep concern for oppressive restrictions on civic space in many States. Media freedom and freedom of expression continued to be severely restricted in many areas of the world, including through new legislation, and this must be combatted and reversed.
Some speakers expressed concern about the politicisation and polarisation in the Council, which could lead it astray from its purpose: to protect and promote human rights. The Council should respect the principles of impartiality, and refrain from any selectivity and double standards, dealing with the situation of human rights in all countries on an equal footing, and helping countries to deal with their human rights obligations. The best way to enhance the enjoyment of human rights on the ground was through genuine dialogue and cooperation, bridging differences, promoting shared values, and encouraging joint actions, on the basis of full respect for fundamental principles of sovereignty, independence, territorial integrity and non-interference in the internal affairs of States.
Speaking in the debate were Qatar on behalf of a group of countries, Sweden on behalf of the European Union, Azerbaijan on behalf of Non-Aligned Movement, Pakistan on behalf of the Organization of Islamic Conference, Venezuela, United States, China, Finland, Lithuania, Germany, Belgium, Luxembourg, Czech Republic, France, Costa Rica, India, Georgia, Algeria, Bolivia, Cuba, Pakistan, Viet Nam, Ukraine, United Kingdom, Israel, Netherlands, Russian Federation, Ireland, Estonia, Republic of Korea, Cyprus, Japan, Switzerland, Canada, Armenia, Norway, Austria, Spain, Venezuela, Democratic People’s Republic of Korea, South Sudan, Iceland, Sweden, Malta, Afghanistan, Australia, Belarus, Denmark, Azerbaijan, Iran, Ghana, Egypt, Burundi, Cambodia, Saudi Arabia, Syria, Indonesia, Türkiye, and Nicaragua.
Also speaking were Federation for Women and Family Planning, Centre for Human Rights and Peace Advocacy, Cairo Institute for Human Rights Studies, Villages Unis (United Villages), Organization for Poverty Alleviation and Development, International Humanitarian Society for Development Without Borders, Comité International pour le Respect et l'Application de la Charte Africaine des Droits de l'Homme et des Peuples, Humanists International, International Federation for the Protection of the Rights of Ethnic, Religious, Linguistic and Other Minorities, Peace Brigades International, Christian Solidarity Worldwide, Tumuku Development and Cultural Union, Commission of the Churches on International Affairs of the World Council of Churches, Conselho Indigenista Missionário, Centre Zagros pour les Droits de l'Homme, Institute for Human Rights, CIVICUS - World Alliance for Citizen Participation, Lidskoprávní organizace Práva a svobody obcanučů Turkmenistánu z.s., Physicians for Human Rights, Society for Threatened Peoples, Integrated Youth Empowerment - Common Initiative Group (I.Y.E. – C.I.G.), Arab European Forum for Dialogue and Human Rights, Presse Embleme Campagne, International Support for Human Rights, Baha'i International Community, Beijing NGO Association for International Exchanges, East and Horn of Africa Human Rights Defenders Project, Medical Support Association for Underprivileged Iranian Patients, World Evangelical Alliance, Human Rights Watch, International Educational Development, Inc., Centre Europe - tiers monde, Iranian Elite Research Centre, and Franciscans International.
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 fifty-second regular session can be found here.
The next meeting of the Council will be at 10 a.m. on Thursday, 23 March, when it will continue the general debate on human rights situations that require the attention of the Council.
Presentation of the High Commissioner’s Report on Promoting Accountability in the Democratic People's Republic of Korea
Report
The Council has before it the report by the High Commissioner on promoting accountability in the Democratic People’s Republic of Korea (A/HRC/52/64).
Presentation of Report
NADA AL-NASHIF, United Nations Deputy High Commissioner for Human Rights, presenting the High Commissioner’s report on promoting accountability for human rights violations in the Democratic People’s Republic of Korea, pursuant to resolutions 49/22 and 46/17, said this year marked the tenth anniversary of the establishment of the Commission of Inquiry on the situation of human rights in the Democratic People’s Republic of Korea. In its seminal report, the Commission of Inquiry concluded that there were reasonable grounds to believe that crimes against humanity had been committed and continued to be committed in the Democratic People’s Republic of Korea.
The Office of the High Commissioner for Human Rights had gathered and analysed a significant amount of information on serious human rights violations and possible international crimes since the creation of the field-based structure in Seoul in 2015. It continued to do so, despite a lack of cooperation from the Government of the Democratic People’s Republic of Korea, and a lack of access to the country. The Office was conscious of the worrying food security and broader humanitarian needs in the Democratic People’s Republic of Korea. The report presented a summary of the work done by the Office on accountability, and was just one element of the broader monitoring of the human rights situation in the Democratic People’s Republic of Korea.
The Office had conducted interviews with people from the Democratic People’s Republic of Korea, recently arrived in the Republic of Korea, to collect information about the situation in the country, forming a central information and evidence repository mandated by the Council. The aim was to preserve a database of information for use in any future accountability processes. The Office continued to develop strategies to promote accountability at the domestic and international levels. Support and technical advice had been provided to partners seeking to pursue legal accountability through civil litigation, criminal prosecutions, including under principles of universal jurisdiction, and targeted human rights sanctions.
During the period under review, information was collected about the programme of overseas forced labour organised and controlled by the Government of the Democratic People’s Republic of Korea. Interviewees reported they had to pay a large portion of their wages to the Government. Information was also being collected from women who were trafficked into neighbouring countries, sometimes for marriage or work. The report offered preliminary observations from a series of consultations being carried out by the Office with victims and other relevant stakeholders with a view to including their views into avenues for accountability.
Ms. Al-Nashif said the Government of the Democratic People’s Republic of Korea should explore opportunities for technical engagement with the Office to promote human rights in the country and provide access to the country and to information about the current situation of human rights. The Council needed to continue to strengthen its support for the work being conducted, including its field-based structure in Seoul. The human rights of the people of the Democratic People’s Republic of Korea should not be forgotten.
General Debate on Human Rights Situations that Require the Council’s Attention
In the general debate, some speakers said the respect for human rights was the bedrock of all human rights, and all violations of human rights and fundamental freedoms were condemned, no matter where they occurred, in accordance with the United Nations Charter and international law. The positive developments that had occurred since the installation of the Human Rights Council must continue, based on cooperation and constructive dialogue. The Council should give attention to the issues of poverty, climate change, marginalisation, instability, foreign occupation, illegal settlements, the digital divide, and those affected by terrorist acts, among others, issues that engendered a violation of human dignity and human rights and that could not be divorced from any meaningful discussion on human rights.
Many speakers pointed out violations of human rights in many countries and regions. The Council should ensure that the principles enshrined in the Universal Declaration of Human Rights applied to everyone without exception and remained essential for overcoming multiple crises. No country should be above the scrutiny of its human rights situation.
As the Council commemorated the seventy-fifth anniversary of the Universal Declaration of Human Rights, it was critical that the Council defended those rights wherever they were threatened. The mandate of the Human Rights Council included addressing human rights situations that required its attention. This part of the mandate was equally important as others. Also, human rights violations and abuses needed to be discussed wherever they occurred. The work of the Council was important to ensure accountability, as well as to foster peace.
A number of speakers said that all parties must respect international law, international humanitarian law, and its norms and principles. A flourishing society was inclusive and non-discriminatory, embracing different views and backgrounds, and there was deep concern for oppressive restrictions on civic space in many States. Media freedom and freedom of expression continued to be severely restricted in many areas of the world, including through new legislation, and this must be combatted and reversed. The many reports of shrinking space for civil society, free debate and public demonstration of dissent were concerning: when civic space was tightened, minorities were often affected.
Some speakers expressed concern about the politicisation and polarisation in the Council, which could lead it astray from its purpose: to protect and promote human rights. The Council should respect the principles of impartiality, and refrain from any selectivity and double standards, dealing with the situation of human rights in all countries on an equal footing, helping countries to deal with their human rights obligations. Debates which were specific to a single country were refused, as they ran counter to the raison d’être of the Human Rights Council.
A number of speakers said the human rights pillar was being instrumentalised as a tool for confrontation, blackmail, geo-political settling of accounts, and interference, with countries of the Global South picked out, whilst other countries were ignored. The notion of human dignity was frequently violated in those countries, in clear violation of human rights. The violation of minority rights was institutionalised in many countries, and there needed to be greater cooperation and fewer punitive approaches, more constructive dialogue and less confrontation, in order to resolve these issues. Perhaps it was time to view this agenda item through the prism of the Vienna Declaration and Programme of Action, and make changes. Social and economic factors and political issues were deeply linked: human rights were at the heart of every situation facing the world.
The Office of the High Commissioner for Human Rights and the special mandate holders should broach human rights issues in a spirit of cooperation and coordination so as to improve economic, social and cultural rights and civil and political rights, in particular the right to development, in all countries. This should suit countries’ national priorities, whilst avoiding politicisation and selectivity. All Member States should promote international cooperation and dialogue, avoiding double standards and political manipulation. The Universal Periodic Review was the prime mechanism for dealing with human rights situations in a context of mutual respect of dialogue, and these issues should not therefore be invoked in the Security Council, in particular country-specific situations.
The best way to enhance the enjoyment of human rights on the ground was through genuine dialogue and cooperation, bridging differences, promoting shared values, and encouraging joint actions, on the basis of full respect for fundamental principles of sovereignty, independence, territorial integrity and non-interference in the internal affairs of States. Country-specific human rights situations should be considered through dialogue and constructive engagement with the countries concerned and should be discussed based on the diverse social and economic conditions of countries.
Some speakers expressed concern about the rise in anti-Muslim hatred, discrimination and violence, even at times under State patronage. The Council should pay attention to systematic and persistent human rights violations and the well-established patterns of impunity in situations of foreign occupation, unresolved conflicts and simmering disputes. A litmus test for the Council was to equally address the escalating violence, forced displacement and illegal attempts to obliterate distinct religious, cultural and demographic identity of Muslims in these situations.
States must respect and protect human rights by sparing no efforts to protect and promote them, but there was no “one size fits all” in human rights protection. Racism, gun violence, forced labour, and sexual exploitation were all topics that States needed to pay attention to, as they should to minorities, indigenous peoples, and other groups, along with lifting all unilateral coercive measures and ending all efforts to influence other countries. Propaganda, disinformation, repressive legislation, and mass arbitrary arrests created a climate of fear and intimidation.
Arbitrary detention was condemned, as were humiliating conditions of detention: all persons arbitrarily detained should be released. There should be an end to the forceful repression of peaceful protestors. States should release all those imprisoned merely for continuing to work to protect and promote human rights, provide them with redress, and allow them to resume their necessary work, whilst not hindering this in any way.
The Council must always play its role to fight atrocities and relentlessly condemn all violations, wherever they took place, including to protect the rights of women and girls in all countries. Recommendations of the Council and of its subsidiary bodies and mechanisms should be used to restore the promotion and protection of human rights, and countries should strive to implement them to the greatest possible extent. The discussions in the Council under this agenda item had not been conducive to achieving its goal of universal protection of human rights. The Council needed to focus on creating a conducive environment, nationally and internationally, in which countries could implement and live up to their human rights obligations.
Some speakers said that States had an obligation to respect the principles of non-refoulement and should suspend all deportations to countries where the rights of the returnee would not be respected. There should be greater coordination between the Council and its mechanisms in order to collect evidence of human rights violations. Denial of the right to development was the most brazen example of the violation of human rights and dignity. Human rights should not be instrumentalised to interfere in internal affairs. All reports of violations against children must be fully and thoroughly investigated, and those responsible held to account.
The universal values of freedom, respect for fundamental human rights, and the rule of law should be guaranteed for all, and all States should take constructive and concrete actions to address violations and provide transparent explanations for their occurrence. All countries should be held accountable for maintaining human rights standards. In many countries countless people continued to risk their lives and freedom to stand up for human rights and human dignity. They needed the Human Rights Council to stand with them.
There was deep concern for the challenges and risks the world was witnessing due to the loss of climate justice, and the Human Rights Council should take the initiative to strengthen international efforts to protect the climate in accordance with a humanitarian approach, in order to achieve the main goals of the United Nations Plan for Sustainable Development to find real and effective solutions that contributed to addressing the problems facing the world, in terms of climate change and reducing negative and dangerous human interventions on the climate system, stressing the importance of concerted international efforts to achieve climate justice. Countries should take effective and binding decisions that contributed to putting climate issues as a priority, to improve the quality of life in developing countries and societies, according to a humane approach.
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HRC23.040E