ADVISORY COMMITTEE ADOPTS FIVE RECOMMENDATIONS TO HUMAN RIGHTS COUNCIL

The Human Rights Council Advisory Committee this morning adopted five recommendations to be transmitted to the Human Rights Council for approval on the promotion of human rights and fundamental freedoms through a better understanding of traditional values of humankind; human rights and international solidarity; the promotion of the right of peoples to peace; the right to food, including the urban poor and their enjoyment of the right to food, rural women and their enjoyment of the right to food and the relationship between severe malnutrition and childhood diseases; and the enhancement of international cooperation in the field of human rights. The Committee also adopted its report to the Human Rights Council and sent a letter to the Council suggesting research proposals.

Latif Hüseynov, Chairperson of the Advisory Committee, said the Advisory Committee had agreed on four priority research proposals to be transmitted to the Human Rights Council in a letter for its consideration: youth, globalization and human rights; the impact of the use of new information technologies, including the internet and social networks, on human rights; discrimination against poor and marginalized groups in the context of access to justice; and human rights and corruption. Mr. Huseynov noted that the Committee would maintain a rolling list of issues to be submitted to the Human Rights Council at later stages.

In the recommendation on the promotion of human rights and fundamental freedoms through a better understanding of traditional values of humankind, the Committee decided to establish a drafting group and requested that the drafting group prepare a study and submit it to the Committee for consideration at its ninth session. The drafting group consists of the following members: Chinsung Chung, Vladimir Kartashkin, Obiora Chinedu Okafor, Anantonia Reyes Prado, Mona Zulficar, Dheerujlall Seetulsingh, Laurence Boission de Chazournes, Chen Shiqiu, Ahmer Bilal Soofi and Alfred Ntunduguru Karakora.

In the recommendation on human rights and international solidarity, the Committee took note of the draft outline prepared by Chen Shiqiu as Chairperson and Rapporteur of the drafting group, as well as the comments and suggestions made during the discussions on the issue at the seventh session of the Committee. The Committee encouraged the drafting group to cooperate closely with the Independent Expert on human rights and international solidarity and to submit the outcome of its work to the Advisory Committee at its eighth session.

In the recommendation on the promotion of the right of peoples to peace, the Committee took note of the second progress report submitted by the drafting group to the Advisory Committee at its seventh session and welcomed initiatives by civil society to organize discussion on progress reports of the Advisory Committee with Member States and academic experts. The Advisory Committee requested the drafting group to submit a draft declaration on the right of peoples to peace revised in the light of comments received and discussions held at the seventh session of the Advisory Committee.

In the recommendation on the right to food, the Committee welcomed the comments by States and other stakeholders on the preliminary study on the advancement of the rights of peasants and other people working in the rural areas and assigned the completion of this study to the drafting group on the right to food, to be presented to the Advisory Committee at its eighth session for submission to the Human Rights Council at its nineteenth session. The Committee welcomed the preliminary study on severe malnutrition and childhood diseases, with children affected by Noma as an example and invited the Office of the High Commissioner for Human Rights to collect the views and comments on this preliminary study so that the Advisory Committee could take them into account in the preparation of the final study to be submitted to the Council at its nineteenth session and assigned the completion of this study to the drafting group on the right to food, to be presented to the Advisory Committee at its eighth session for submission to the Human Rights Council at its nineteenth session. The Committee welcomed the concept note entitled ‘Promoting the human rights of the urban poor: strategies and best practices,’ and assigned the preparation of a preliminary study on this topic to the drafting group on the right to food, to be presented to the Advisory Committee at is eighth session. The Advisory Committee assigned the preparation of a preliminary study on rural women and their enjoyment of the right to food to the drafting group on the right to food, to be presented to the Advisory Committee at its ninth session.

On the enhancement of international cooperation in the field of human rights, the Committee adopted a recommendation in which it took note of the progress report presented by Mr. Seetuslingh, Chairperson of the drafting group and the questionnaire to be disseminated for the preparation of the final proposals. The Committee requested the support of the secretariat in disseminating the questionnaire to States and relevant stakeholders and requested that the drafting group submit proposals on the issue for consideration by the Advisory Committee at its eighth session.

The Committee then adopted its report of the session with a presentation by the Rapporteur, Chung Chinsung, who said that the session had addressed a variety of interesting topics with the active participation of observers, including representatives of Governments, intergovernmental organizations and civil society.

The Advisory Committee also appointed five members of the Working Group on communications: Halima Embarek Warzazi, Chen Shiqiu, Jose Antonio Bengoa Cabello, Vladimir Kartashkin, and Wolfgang Stefan Heinz.

The following Committee members took the floor: Mr. Latif Hüseynov, Mr. Vladimir Kartashkin, Mr. Obiora Chinedu Okafor, Mr. Dheerujlall Seetulsing, Ms. Mona Zulficar, Ms. Halima Embarek Warzazi, Mr. José Antonio Bengoa Cabello, Ms. Laurence Boisson de Chazournes and Mr. Alfred Ntundugura Karokora.

The following Member States took the floor: Bolivia, Algeria, Pakistan and Chile. Two non-governmental organizations also spoke: Indian Council of South America and the Legal Committee for the Self Development of the Andean People.

In closing remarks, the Committee Chairperson, Latif Hüseynov, thanked the Committee experts, Member States and non-governmental organizations for their active participation during this session.

The next session the Advisory Committee will be held from 20 to 24 February 2012.

Implementation of Sections III and IV of the Annex to Human Rights Council Resolution 5/1

LATIF HUSEYNOV, Chairperson of the Advisory Committee, said the Advisory Committee had agreed on four priority research proposals to be transmitted to the Human Rights Council in a letter for its consideration: youth, globalization and human rights; impact of the use of new information technologies, including the internet and social networks, on human rights; discrimination against poor and marginalized groups in the context of access to justice; and human rights and corruption. Mr. Huseynov noted that the Committee would maintain a rolling list of issues to be submitted to the Human Rights Council at later stages.

VLADIMIR KARTASHKIN, Committee Expert, said he had not opposed the wording of this document although he had raised concerns about it.

JOSE ANTONIO BENGOA CABELLO, Committee Expert, said that as this was a public meeting, Member States and non-governmental organizations (NGOs) could come up with their own suggestions for research priorities and he asked for clarification on the process, specifically, was there still time for these other stakeholders to contribute their ideas.

LATIF HUSEYNOV, Chairperson, said that the purpose of having these deliberations in pubic was to include the viewpoints of observers and NGOs and it was still possible to make changes to the four priority areas.

Bolivia called for a study on the impact of transnational corporations on human rights, particularly in the context of land grabbing and speculation in the stock market on the prices of basic food stuff. Another study on discrimination against certain members of society, especially indigenous peoples, would also be welcome. An international judicial instrument must be elaborated to ensure the respect of the human rights of indigenous peoples.

Algeria said it fully supported the Advisory Committee’s work and believed that procedurally it would be sufficient to include the research proposals in the Committee’s report to the Human Rights Council because it was important that there be no overlap in research with other Council mechanisms so that the Committee complimented rather than duplicated work. Algeria said it was interested in the research proposals submitted by Mr. Heinz on the impact of price speculation on food prices.

Pakistan raised concerns about the procedure in which the research proposals were being proposed, notably through a letter, and advised including the research items in the Committee’s report to the Human Rights Council so as not to set new precedents.

Chile said the Advisory Committee needed to make a substantive contribution to research ideas. Although corruption required a human rights approach in terms of equality and rule of law and the quality of local, national and regional governments, Chile believed the Committee would not add significant value in this area. Chile stressed the need to relate human rights to the current and real concerns of the world today.

The Indian Council of South America said it supported the proposal made by Bolivia and suggested working toward a binding instrument on the rights of indigenous peoples.

The Legal Committee for the Self Development of the Andean People said it supported the proposal made by Bolivia to bring about a binding, legal procedure to protect the rights of indigenous peoples.

ALFRED NTUNDUGURU KAROKORA, Committee Expert, asked what strategies the research proposal on human rights and corruption would contain distinct from existing national corruption laws.

LATIF HUSEYNOV, Chairperson, said that an informal meeting with both the Presidency and bureau of the Human Rights Council had led to the procedural process to submit a letter with research ideas to the Council. Mr. Heinz had suggested two lists, priorities and other items, for attention of the Council, and proposed including those topics mentioned by observers and NGOs in the letter to the Council as potential topics. Mr. Huseynov suggested that the letter be attached as an annex to the Advisory Committee’s report to the Human Rights Council.

OBIORA CHINEDU OKAFOR, Committee Expert, said he was against the research proposal on corruption as this topic had already been explored in many areas. Mr. Okafor supported the issue of a declaration for the rights of indigenous peoples, stating that it was one of the essential, high priority topics for the Committee to consider.

LAURENCE BOISSON DE CHAZOURNES, Committee Expert, said that corruption was a key issue because economic governance and how to conduct economic activities were pressing concerns. Although there had been considerable studies conducted on the impact of corruption on human rights, there was a demand from civil society on the legal procedures to fight corruption and to address whether or not current legislation was keeping up with the concerns of human rights. Ms. Boisson de Chazournes said that corruption was the cholera of this age and an interest of great importance.

JOSE ANTONIO BENGOA CABELLO, Committee Expert, said that it was only the Advisory Committee that was working on a legally binding procedure to protect the rights of indigenous peoples and therefore this topic should be included in the list or research topics. Although the statement on indigenous peoples was an important first step, because it wasn’t binding, there was no way to move forward on this issue. Mr. Cabello suggested that a wider ranging and systematic debate should occur on the topic of the rights of indigenous peoples.

MONA ZULFICAR, Committee Expert, said if the issue of a declaration to protect the rights of indigenous peoples fell into the Advisory Committee’s criteria, then a paragraph in the letter should be included to request the Human Rights Council to consider instructing the Advisory Committee to work on this issue.

HALIMA EMBAREK WARZAZI, Committee Expert, said the rights of indigenous people could be added to the list of research items but suggested it would be more effective if the delegation of Bolivia, within the Human Rights Council, presented a request for a declaration on the rights of indigenous peoples.

The Advisory Committee then continued with the appointment of five members of the Working Group on communications: Halima Embarek Warzazi, Chen Shiqiu, Jose Antonio Bengoa Cabello, Vladimir Kartashkin, and Wolfgang Stefan Heinz.

The Committee moved to take action on the draft texts tabled with the Secretariat under agenda item 3.

Action on Recommendations to the Human Rights Council

L.1 ‘Study on promoting human rights and fundamental freedoms through a better understanding of traditional values of humankind’

The Advisory Committee decides to establish a drafting group consisting of the following members: Chinsung Chung, Vladimir Kartashkin, Obiora Chinedu Okafor, Anantonia Reyes Prado, Mona Zulficar, Dheerujlall Seetulsingh, Laurence Boission de Chazournes, Chen Shiqiu, Ahmer Bilal Soofi and Alfred Ntunduguru Karakora. The Advisory Committee appoints Mr. Soofi as Chairperson and Mr. Kartashkin as Rapporteur. The Advisory Committee requests the drafting group to prepare a study and submit it to the Committee for consideration at its ninth session. The Advisory Committee requests the Office of the High Commissioner for Human Rights to provide the drafting group with all the assistance necessary to enable it to accomplish the task.

VLADIMIR KARTASHKIN, Committee Expert, said that the study would examine how a better understanding and appreciation of the traditional values of dignity, freedom and responsibility could contribute to the promotion and protection of human rights.

The text was adopted by consensus.

L.2 ‘Human Rights and International Solidarity’

The Advisory Committee takes note of the draft outline prepared by Chen Shiqiu as Chairperson and Rapporteur of the drafting group established by the Committee to consider this issue, as well as the comments and suggestions made during the discussions on the issue at the seventh session of the Committee. The Committee encourages the drafting group to cooperate closely with the Independent Expert on human rights and international solidarity and to submit the outcome of its work to the Advisory Committee at its eighth session. The Committee requests the Office of the High Commissioner for Human Rights to provide the drafting group with all the assistance necessary to enable it to accomplish its task.

CHEN SHIQIU, Committee Expert, said the proposal was procedural and there had been a discussion of the issues raised and the next steps would be to incorporate the ideas of other stakeholders and complete the text before the next meeting.

The text was adopted by consensus with a recommended change from working group to drafting group.

L.3 ‘Drafting group on the promotion of the right of peoples to peace’

The Advisory Committee takes note of the second progress report submitted by the drafting group to the Advisory Committee at its seventh session (A/HRC/AC/7/3). The Committee welcomes the responses received to the questionnaire sent out in April 2011. The Committee having due regard for the discussions and statements made during its seventh session welcomes initiatives by civil society to organize discussion on progress reports of the Advisory Committee with Member States and academic experts. The Committee encourages the various stakeholders to contribute to the work under way. The Advisory Committee requests the drafting group to submit a draft declaration on the right of peoples to peace revised in the light of comments received and discussions held at the seventh session of the Advisory Committee. The Committee requests the Office of the High Commissioner for Human Rights to provide the drafting group with all the assistance necessary to enable it to accomplish its task.

WOLFGANG STEFAN HEINZ, Committee Expert, said there were two small amendments: the questionnaire was sent out in April not in March; and he would like to add the following paragraph that the Committee has requested the Office of the High Commissioner for Human Rights to provide the drafting group with all the assistance necessary to enable it to accomplish its task.

The text was adopted by consensus.

L.4 Right to Food

The Advisory Committee welcomes the comments by States and other stakeholders on the preliminary study on the advancement of the rights of peasants and other people working in the rural areas (A/HRC/16/63). The Committee assigns the completion of this study to the drafting group on the right to food, to be presented to the Advisory Committee at its eighth session for submission to the Human Rights Council at its nineteenth session. The Committee welcomes the preliminary study on severe malnutrition and childhood diseases, with children affected by Noma as an example (A/HRC/AC/7/CRP.2). The Committee invites the Office of the High Commissioner for Human Rights to collect the views and comments on this preliminary study of all Member States, all stakeholders, as requested by the Council, so that the Advisory Committee may take them into account in the preparation of the final study to be submitted to the Council at its nineteenth session. The Committee assigns the completion of the study on severe malnutrition and childhood diseases, with children affected by Noma as an example, to the drafting group on the right to food, to be presented to the Advisory Committee at its eighth session for submission to the Human Rights Council at its nineteenth session. The Committee welcomes the concept note entitled ‘Promoting the human rights of the urban poor: strategies and best practices.’ The Committee assigns the preparation of a preliminary study on this topic to the drafting group on the right to food, to be presented to the Advisory Committee at is eight session. The Advisory Committee assigns the preparation of a preliminary study on rural women and their enjoyment of the right to food to the drafting group on the right to food, to be presented to the Advisory Committee at its ninth session.

MONA ZULFICAR, Committee Expert, said there were two outstanding studies for the drafting group in the context to the right to food: promoting the human rights of the urban poor, strategies and best practices with a report due in the eighth session; and a study on the rights of rural women with a concept note due in the ninth session.

L.5 Enhancement of international cooperation in the field of human rights

The Advisory Committee takes note of the progress report presented by Mr. Seetuslingh, Chairperson of the drafting group established by the Advisory Committee to prepare the above mentioned task (A/HRC/AC/7/2) and the questionnaire to be disseminated to seek further views from States and relevant stakeholders for the preparation of the final proposals. The Committee requests the support of the secretariat in disseminating the questionnaire to States and relevant stakeholders for the preparation of the final proposals. The Committee requests the drafting group to submit proposals on the issue for consideration by the Advisory Committee at its eighth session.

DHEERUJLALL SEETUSLING, Committee Expert, said the group had prepared a questionnaire and made an appeal to States, non-governmental organizations and other institutions to respond to the questionnaire to be circulated next month.

The text was adopted by consensus.

Report of the Session

The Committee then proceeded to adopt the draft report of the session with a presentation of the report by the Rapporteur.

CHUNG CHINSUNG, Rapporteur, said that over the last five days the Committee had had a particularly constructive session, with interesting discussions both in plenary and closed meetings. The session had addressed a variety of interesting topics with the active participation of observers, including representatives of Governments, intergovernmental organizations and civil society. Ms. Chung said that tangible progress was made on some of the requests stemming from Human Rights Council resolutions and despite the usual constraints of time and resources, the collegial working method of the Committee had led to fruitful results. The final report would be contained in document A/HRC/AC/7/4.

LATIF HUSEYNOV, Chairperson of the Advisory Committee, said that the report would be adopted paragraph by paragraph. The report was adopted.

Concluding Remarks

MONA ZULFICAR, Committee Expert, on behalf of the African Group, thanked the Chairperson, all new Committee members and Member States and those from civil society who had shown interest in the work of the Advisory Committee.

CHEN SHIQIU, Committee Expert, on behalf of the Asian Group, thanked the Chairperson for his leadership, attitude, responsibility and spirit of democracy during the session which had allowed the Committee to work through difficult issues efficiently.

JOSE ANTONIO BENGOA CABELLO, Committee Expert, on behalf of the Latin American Group, said that this had been an agreeable, calm, appropriately conducted session with moments of high quality debate, deep analysis and wide participation.

VLADIMIR KARTASHKIN, Committee Expert, on behalf of the East European Group, said the session had been especially fruitful because of the active contribution of the East European Group and thanked the work of the Chairman who belonged to that Group.

LAURENCE BOISSON DE CHAZOURNES, Committee Expert, on behalf of the Western Group, thanked the Chairman for a fruitful session. As a new comer, Ms. Boisson de Chazournes said she had received a warm welcome and had learned much from the experts in attendance.

LATIF HUSEYNOV, Chairperson of the Advisory Committee, thanked the Committee experts, observer States and non-governmental organizations for their active participation during this session and said that the eighth session of the Advisory Committee would take place from 20 to 24 February 2012.


For use of the information media; not an official record

AC11/015E