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In this issue:
Human Rights Council Session 34
Day four round-up
- High Commissioner for Human Rights
- Reports of the Secretary-General and High Commissioner
- Panel discussion on maternal morbidity and mortality
Last word
Human Rights Council Session 34: Day three round-up
This week CRIN has been at the UN Human Rights Council in Geneva, reporting live from its 34th session with daily round-ups of each day’s discussions on children’s rights. We have been monitoring where children’s rights are discussed - or left out of the discussion - throughout the week. Thursday featured an interactive dialogue with the High Commissioner for Human Rights and further discussion of the reports from several Special Rapporteurs.
Day four round-up
Interactive dialogue with the High Commissioner for Human Rights
High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, took centre stage again this morning, hearing responses from States to his Annual Report to the Council.
The most notable intervention came from the United States, which used its time to highlight concerns over sexual and gender-based violence carried out by peacekeeping forces, noting that as many as half of all recorded victims have been children. The delegation noted that as well as eroding morale of peacekeeping forces, sexual abuse destroyed trust with communities that peacekeepers were supposed to protect and added that, when UN troops were involved, their actions could serve to undermine the credibility of the UN itself. Responding to a set of questions about transparency and how best to combat sexual abuse by peacekeepers, the High Commissioner revealed that a new set of guidelines approved by Secretary-General António Guterres, would be presented during the afternoon in New York. Zeid added that as much as the UN needs to change and reform, States also need to change how they deal with the issue, as it is States that have jurisdiction for prosecuting troops involved in these violations.
Several States commented on the ongoing epidemic of extrajudicial killings in the Philippines, with some also calling for the State to reject the reintroduction of the death penalty and the lowering of the minimum age of criminal responsibility. The representative of the Philippines assured the Council that the death penalty was allowed under international law, citing the ICCPR’s provision allowing the capital punishment “for the most serious crimes”, ignoring previous statements from Special Rapporteurs that “Executions for drug crimes amount to a violation of international law and are unlawful killings”. Interestingly the representative completely omitted discussion of lowering the minimum age of criminal responsibility, but did address claims that imprisonment of Senator Leila de Lima were trumped up, claiming that a prima facie case had been presented against her and that she had appealed, all through normal judicial mechanisms.
The Netherlands and Luxembourg both took time to stress the importance of international cooperation. The Netherlands, on behalf of the Group of Friends of the Responsibility to Protect, expressed their belief that the Human Rights Council could exert more effort in raising the alarm about mass atrocities. The delegate welcomed the High Commissioner’s strong criticism of countries that violated human rights, and praised the strong start made by the new Secretary-General. The Netherlands also called upon all States to provide financial support to OHCHR, which it said had provided concrete examples to inspire all present to do better when it comes to respecting and implementing human rights. Luxembourg added that the UN human rights system and International Criminal Court complement each other, stressing that “every region in the world needs more ICC, not less.”
A number of States rejected all criticism levelled at them, with Bahrain, Qatar, Israel, Syria, China and Russia taking their chance to criticise what they saw as increasing “politicisation” of the Human Rights Council, predictably emphasising the importance of national sovereignty and territorial integrity and defending practices which have come under fire from the Council year after year. Bahrain rejected claims there was unrest, claiming that the High Commissioner’s report “did not reflect reality”, while Russia claimed that the High Commissioner had stopped assisting States and assumed the role of a judge. Israel, with a straight face, insisted that OHCHR needed to examine the situation on the ground before making recommendations, skirting around the fact that the previous Special Rapporteur on the Occupied Palestinian Territories resigned last year over a lack of access.
Thematic reports of the Secretary-General and the High Commissioner for Human Rights
The afternoon session saw the Deputy High Commissioner for Human Rights present a number of thematic reports from both the Secretary-General and the High Commissioner for Human Rights. While some reports had already been discussed by the Council, including the report on the Rights of the Child, Gilmore provided a short introduction to several others. The report on missing persons covered a range of thematic issues, from individuals missing as a result of migration and crime, to those who experience enforced disappearances by the State. The need for responses to be depoliticised was noted and States were reminded to focus on accountability for victims. The presentation on the report on the negative effects of terrorism stated that counter-terrorism measures and human rights must be mutually reinforcing, noting that protecting human rights helps to counter the threat of terrorism. Gilmore reiterated the importance of accountability for State actions and stressed that this should be done through the criminal justice system, through independent investigations and with States ensuring victims receive redress.
The report on migrants in vulnerable situation noted that while migration is an often a positive experience, there remain significant concerns for the human rights of migrant populations. An expert panel will present 20 principles on the protection of the human and children’s rights of migrants in vulnerable situations at a later session of the Council. The principles can be download from the OHCHR website. A report on the voluntary fund for victims of torture highlighted the importance of this fund, especially for children and people on the move who are often victims of torture. However, the Council heard that the required financing for this fund is falling short of the required $12 million needed for its full operation. The report on integration of human rights perspective in mental health identified how a lack of respect to the human dignity of individuals with mental health is exacerbated through stigma and the lack of informed consent. A comprehensive approach to this human rights situation requires the protection of an individual's autonomy, agency and dignity. Finally, a number of other reports were discussed looking at good governance, the role of the special procedures, how to ensure the harmonisation of the treaty body system, economic, social and cultural rights and the operation of a special fund established by the Optional Protocol to the Convention against Torture.
Panel discussion on preventable maternal morbidity and mortality
Deputy High Commissioner for Human Rights, Kate Gilmore, opened the final discussion of the day, explaining that through States’ commitments and investment, maternal morbidity and mortality had been halved in the last 25 years. Gilmore added that the phenomenon was largely preventable, avoidable and not expensive to address, urging all to take heed of proven methods of protecting new mothers and their infants. Gilmore stressed that the dangers of pregnancy in childhood were all too real for many girls, with at least two million under-15s believed to be giving birth every year. The Deputy High Commissioner added that many thousands of girls died due to complications with unsafe abortions caused by restrictive healthcare rules, adding that as many as one third of women will experience sexual violence during their lifetime, mostly while they are younger than 16. Gilmore summed up by saying that pregnancy was not a burden women or girls should have to carry just because they had begun to menstruate, or because others failed to respect their dignity and autonomy.
Executive Director of the UN Population Fund, Dr. Babatunde Osotimehin, added that some of the girls involved could be as young as eight or nine. Osotimehin insisted that stronger health systems and universal access to family planning services were essential to reduce maternal morbidity and mortality, and that a lack of gender parity is one of the most fundamental barriers to this. Osotimehin underscored that maternal mortality was not only a medical problem, but also a human rights problem. The World Health Organization’s Assistant Director-General for Family, Women's and Children's Health, Dr. Flavia Bustreo, expressed her thanks to the Council for continuing to address the issue through its deliberation and discussion. Bustreo elaborated on the main causes of maternal deaths and explained how the health sector could contribute to reducing maternal mortality. Bustreo underscored that health service providers needed to respect women’s rights, including the right to information, ensure accountability for deaths and carry out accurate data collection and monitoring.
THE LAST WORD
The last word. Everyone wants to have it, but sometimes it’s just not worth the effort. Yesterday, permanent missions let loose and we saw three full diplomatic spats all in one session. Armenia and Azerbaijan, Pakistan and India, and North and South Korea all took the time to reply to each others’ rights of reply before the Council, taking up so much time in the interest of point-scoring that others began to leave the room.
With calls for funding for the activities of OHCHR and for a number of voluntary funds, perhaps the Human Rights Council could kill two birds with one stone by issuing a small fine for antagonistic comments? High Commissioner, if you’re reading, please do consider introducing a ‘Right of Reply Jar’ for the next session.
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