Quick summary
- The 54th regular session of the Human Rights Council (HRC54) was held from Monday 11th September to Friday 13th October 2023.
- On 11 September, the High Commissioner Volker Türk opened HRC54 by presenting a global update on the situation of human rights in the world. In his intervention, the High Commissioner focused on the links between development and human rights and referred to several situations around the world that raise human rights concerns. This oral update provided the basis for the general debate under Item 2 on 12 and 13 September. During the session, the High Commissioner also provided oral updates on the situation of human rights in the Sudan on 12 September; on the situation of human rights in Belarus in the run-up to the 2020 presidential election and in its aftermath, on 25 September; on the drivers, root causes and human rights impacts of religious hatred constituting incitement to discrimination, hostility or violence on 6 October; and on cooperation with and assistance to Ukraine in the field of human rights on 9 October.
- 5 panel discussions were held during the session.
- More than 80 reports under the Council’s various agenda items were considered.
- 20 interactive dialogues with Special Procedures mandate holders (14 thematic and six country-specific) took place.
- Six interactive dialogues with investigative mechanisms were held.
- Twelve new Special Procedures mandate-holders were appointed to the following mandates: the Independent Expert on human rights and international solidarity (Argentina); the Special Rapporteur on minority issues (Switzerland); the Special Rapporteur on the human rights of migrants (Egypt); the Special Rapporteur on counter-terrorism and human rights (Australia); the Independent Expert on sexual orientation and gender identity (South Africa); the Special Rapporteur on discrimination against persons with leprosy (Ecuador); the Special Rapporteur on the rights of persons with disabilities (Egypt); four members of the Working Group on discrimination against women and girls (one from the African Group (Uganda), one from the Asia-Pacific Group (China), one from the Eastern European Group (Serbia), and one from the Western European and other States Group (United States of America)), and a member from the Eastern European Group (Serbia) to the Working Group on the use of mercenaries.
- The outcome reports of the UPR Working Group of the following 14 States were adopted: Bahamas, Barbados, Botswana, Burundi, France, Israel, Liechtenstein, Luxembourg, Mali, Montenegro, Romania, Serbia, Tonga, and the United Arab Emirates.
- 37 texts (36 resolutions and one President’s statement) were considered by the Council. This represents an 12% decrease in the number of adopted texts compared to one-year prior (HRC51). Of the 37 adopted texts, 27 were adopted by consensus (73%), 10 by a recorded vote (27%), and any were rejected.
- After adopting 37 texts, the Council established a Fact-Finding Mission for Sudan and a Working Group on the Rights of Peasants; and extended the mandates of thematic mandate-holders (i.e., equitable international order, the promotion of truth and justice, the disposal of hazardous waste, private military and security companies, enforced and involuntary disappearances, unilateral coercive measures and People of African Descent), and country mandate-holders (i.e., Afghanistan, Burundi, Russian Federation, Central African Republic, Somalia, Democratic Republic of the Congo, and Cambodia).
- 15 written amendments were put forward by States during the consideration of texts and resolutions: any of them were adopted; 3 were not considered and the remaining 12 amendments were rejected by a vote.
- 34 of the texts adopted by the Council (92%) had Programme Budget Implications (PBI) and required new appropriations not included in previous Programme Budgets.
High Commissioner Volker Turk addresses the Opening Session of the 54th Session of the Human Rights Council. U.S. Mission Photo: Eric Bridiers.
High Commissioner’s briefing
On 11 September 2023, the High Commissioner for Human Rights, Mr. Volker Türk, presented an oral update on the human rights situation around the world, which focused on development and human rights. Mr. Türk highlighted that development issues, injustice, poverty, exploitation and repression are the underlying causes of grievances fueling tensions, conflicts, displacement, and misery.
The High Commissioner called out the ‘politics of division and distraction,’ paired with ‘politics of indifference,’ which hinder the urgent action needed to tackle human rights challenges, as evidenced by the nonchalance in the face of thousands of migrants and refugees dying in the seas around Europe, in the Bay of Bengal, in the Caribbean, and of pushbacks in the US-Mexico border and allegations of killings and mistreatment in the border of the Kingdom of Saudi Arabia. Türk also pointed at the ‘politics of deception,’ which, aided by new technologies, spread misinformation and deny reality, most notably on climate change issues. Fourthly, the High Commissioner denounced the ‘politics of repression’ that are burgeoning around the world, where ‘military coups, authoritarianism and the crushing of dissent’ are preventing the needed ‘flowering of critical, innovative and constructive views to build better policies and systems.’
After outlining those challenges, Türk then offered a positive counterbalance, stating that ‘antidotes exist to each of these:’ evidence and truth, interconnectedness and shared values, empathy, justice and compassion, critical thinking and creativity, and the promise of human rights, ‘which is a promise of solutions.’ Those solutions, the High Commissioner stated, are encapsulated in Sustainable Development Goal 16 (Peace, Justice and Strong Institutions), which underpins the 2030 Agenda through an emphasis on the interlinks between good governance and development. Türk reiterated that freedom ‘is both the goal of development, and its source,’ and therefore the idea of ‘leaving no one behind’ is not an empty slogan, but a human rights plan that spans across the entire spectrum of human rights – civil, political, economic, social and cultural rights, the right to development and the right to a clean, healthy and sustainable environment. The High Commissioner recalled that all human rights are indivisible, interdependent, and neutral, they build on each other, and they are the responsibility of all States.
Turning his attention to the lack of progress on the achievement of the goal to end hunger by 2030, the High Commissioner highlighted the impacts of Russia’s war in Ukraine and the damages to vast areas of agricultural land, Russia’s withdrawal from the Black Sea Grain Initiative and attacks on grain facilities, increasing food prices and depriving many of the right to food. In Somalia, the High Commissioner stressed the ‘tragedy of inhuman proportions’ due to years-long droughts and conflict, with around 1.8 million children acutely malnourished and thousands of excess deaths. Türk further raised concerns about hunger and food insecurity in the Caribbean, especially Haiti, where almost 5 million people experience acute food insecurity, in a situation that is compounded by extreme gang violence and poverty.
Türk then addressed the ‘collective human rights failure’ evidenced by the fact that 1.2 billion people across 111 countries, nearly half of which are children, live in acute, multidimensional poverty. He underscored the situation in Burkina Faso, Chad, Mali and Niger, where diminishing resources are fueling conflict among communities. Türk emphasised that the challenges faced by the Sahel countries are interlinked, and climate change, lack of investment in public services, weak governance, and lack of transparency, accountability, and justice stoking violent extremism. He further warned against unconstitutional changes in governments and called instead for an ‘urgent reversal’ to civilian governance and public participation.
The High Commissioner also drew attention to growing inequality, highlighting that there is an ‘abyss between rich and poor’ that harms all of humanity. He called for a reform of the international financial architecture, with fairer debt relief and development finance that allow States to fulfil their human rights obligations. He called on States to reinforce international tax cooperation and tax justice, by combating tax avoidance, tax evasion and illicit financial flows. He also addressed the impacts of corruption on sustainable development, as it undermines the rule of law, depletes public investment and erodes public trust. To tackle these challenges and the planetary crisis more broadly, Türk reiterated his call for human rights economies that promote green solutions and a just transition, grounded in human rights-based climate action and financing for loss and damage. He welcomed the proposal made by States and civil society to include an international crime of ecocide in the Rome Statute of the International Criminal Court, which would contribute to increasing accountability for environmental damage.
Moving on to the situation of economic, social and cultural rights, Türk highlighted the ‘human rights imperative’ epitomised by the crisis of affordable housing, citing its impacts on Europe and the United States, where homelessness is on the rise, impacting particularly young people and people of African descent. He also shed light on the ‘unprecedented water scarcity’ in the Middle East and North Africa, where water is projected to fall below absolute scarcity by 2030, with the ensuing impact on health, food, poverty, and the likelihood of increasing conflict, instability and displacement. Türk underlined the interconnectedness between inclusive institutions, good governance and the fulfilment of development goals. In that regard, he elaborated on a series of country-specific situations that underscore the need to ensure inclusive governance in development: he called for an increased participatory approach and for strong remedial action regarding the concerns in Xinjiang, in China; urged for addressing governance deficits, inequalities, and lack of access to economic, social and cultural rights in El Salvador; and encouraged more inclusive, transparent and accountable institutions in Mexico, especially in regards to access to healthcare.
On a positive note, Türk welcomed discussions by Brazil, Bolivia, Colombia, Ecuador, Guyana, Peru, Suriname and Venezuela towards a common vision for the Amazon rainforest, commended Brazil and Peru for developments to end illegal deforestation and oil and mineral extraction, respectively, and highlighted the ‘historic opportunity’ posed by the holding of a referendum to constitutionally recognise First Peoples in Australia. Conversely, the High Commissioner raised concerns about the marginalisation of minorities in India; the escalating violence and civic space restrictions in the Occupied Palestinian Territory; the silencing of critical voices in the Russian Federation in the context of the anti-war movement; the introduction of new legislation in Iran imposing severe penalties on women and girls for dress code violations; the use of blasphemy to incite violence against minorities in Pakistan and new legislation increasing its already severe penalisation; the arrests and killings in clashes in Ethiopia’s Amhara region; the reports of mass arrests and collective expulsions of migrants and asylum seekers in Libya and Tunisia; the lack of accountability in Lebanon for the 2020 Beirut port explosion; the protracted conflict in Cameroon; and the parliamentary inquiry in Peru against the National Justice board, which could impact the country’s judicial independence and separation of powers.
The High Commissioner ended his address recalling the urgency to ‘come together to confront the existential challenges that face humanity’ through building trust, restoring hope, and undertaking fundamental, transformative changes.
The official transcript of Mr. Türk’s oral update can be found here.
High Commissioner Volker Turk addresses the Opening Session of the 54th Session of the Human Rights Council. U.S. Mission Photo: Eric Bridiers.
Panel discussions
A total of five panel discussions were held during the 54th session. The panels were focused on the following topics:
- Biennial panel discussion on unilateral coercive measures (UCM) and human rights, on the theme ‘the impact of unilateral coercive measures and overcompliance on the right to development and the achievement of the Sustainable Development Goals’ (14th September 2023 – concept note – recording).
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- The High Commissioner Mr. Volker Türk highlighted the impact of UCMs on human rights, including the right to development, and called for universal systems of humanitarian exemptions to enable the safe passage of critical assistance and supplies. He recalled that sanctions must comply fully with international law, and suggested that tailored measures against individuals identified credibly as perpetrators could be a response to human rights violations.
- Ms. Alena Douhan, Special Rapporteur on the negative impact of UCMs, drew attention to the negative impacts of over-compliance with UCMs on the achievement of every single SDG. She stressed that over-compliance led to ‘complete disengagement’ with targeted countries, which excludes entire populations from development and prevents them from accessing justice, increases poverty rates and places additional burdens on social protection systems.
- Mr. Mihir Kanade, Member of the Expert Mechanism on the Right to Development, stated that UCMs violate several human rights, particularly the rights to self-determination and to development. He stressed that the impacts of UCMs are exacerbated by secondary sanctions and over-compliance, and called on States to provide guidance to corporations and banks.
- Ms. Elena Gentili, Country Director for Cuba at Oxfam, explained Oxfam’s work in the country in the context of the ‘longest system of UCM ever imposed on a country,’ and its obstacles to the enjoyment of human rights, especially women and girls’. She highlighted the compounding effects of UCM on Cuba’s multidimensional crisis, and called on the international community to encourage the normalisation of US-Cuba relations and to actively oppose sanctions.
- Mr. Jeffrey D. Sachs, Director of the Centre for Sustainable Development at Columbia University, highlighted UCMs’ ‘enormous, direct and intentional’ opposition to the achievement of the SDGs, and their non-compliance with international law. He drew attention to UCMs’ catastrophic consequences for the poorest and most vulnerable and called sanctions imposed by the US ‘especially dangerous’ given a lack of domestic, political or legal oversight.
- Mr. Amir Saed Vakil, Assistant Professor at the University of Tehran, underlined the fact that UCMs ‘intercept the way’ of the fulfilment of States’ collective responsibility to create an international environment conducive to the realisation of human rights. He called on States to ‘refrain from unilateral economic, financial or trade measures’ that impact the realisation of third-generation human rights, particularly the right to development, and that have a ‘ripple effect’ on neighbouring countries and the international community.
Ms. Alena Douhan, Special Rapporteur on the negative impact of UCMs, Mr. Mihir Kanade, Member of the Expert Mechanism on the Right to Development, and Mr. Volker Türk, High Commissioner for Human Rights at the Biennial panel discussion on unilateral coercive measures. Photo: UN TV web.
2. Annual discussion on the integration of a gender perspective throughout the work of the Human Rights Council and that of its mechanisms, on the theme ‘revisiting gender parity and its contributions to the integration of gender into the work of international human rights bodies, including the Human Rights Council and its mechanisms’ (25th September 2023 – concept note – recording).
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- Ms. Nada Al-Nashif, United Nations Deputy High Commissioner for Human Rights, opened the panel providing an overview of women’s underrepresentation in national decision-making bodies globally. She recalled the High Commissioner’s call for action to tackle gender discrimination and welcomed the increase, since 2015, of female appointments to the Special Procedures and the Treaty Bodies. Ms. Al-Nashif reiterated OHCHR’s commitment to the equal representation of women in its programmes and initiatives, and highlighted that women represent 58% of its staff.
- Ms. Aua Baldé, Chair of the Working Group on Enforced or Involuntary Disappearances, highlighted the complex gendered dimension of enforced disappearances: women are both victims of enforced disappearances, and front-line activists and human rights defenders leading the fight for truth, justice and accountability. She called for concerted action and political will to ensure commitments for women’s equal representation translate into real change.
- Prof. Frans Viljoen, Member of the Advisory Committee of the Human Rights Council, welcomed progress in the appointment of women to the Special Procedures, but highlighted that men continue to hold most country-specific mandates. Likewise, he stressed that despite progress in female representation in the Treaty Bodies, men continue to make up the majority of the committees. He also underlined how challenges to equal representation at the national level affected the nomination of women to UN positions.
- Ms. Alejandra Vicente, Legal Director of Redress and member of the GQUAL Campaign Secretariat, explained the progress made since the creation of the Gqual campaign in 2015 to advocate for better representation of women in international human rights and justice institutions. She stressed that this progress, such as the achievement of gender parity in the Special Procedures, is the result of concerted action by States, the Council’s Presidency, OHCHR, and civil society, and called for expanding these actions so that progress is sustained.
Ms. Aua Baldé, Chair of the Working Group on Enforced or Involuntary Disappearances, Prof. Frans Viljoen, Member of the Advisory Committee of the Human Rights Council, and Ms. Nada Al-Nashif, Deputy High Commissioner for Human Rights at the annual discussion on the integration of a gender perspective throughout the work of the Human Rights Council and that of its mechanisms. Photo: UN TV web.
3. Biennial panel discussion on youth and human rights, on the theme ‘young people’s engagement with climate change and global environmental decision making processes’ (26th September 2023 – concept note – recording).
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- Mr. Volker Türk, High Commissioner for Human Rights, underscored the role played by young people in demanding action from governments and corporations to tackle the climate crisis. He commended ‘decades of youth activism’ building momentum for climate action, and young people’s lead in climate litigation around the world, despite the barriers they face in engaging in decision-making processes. He called on States to listen to young people and enable their participation in environmental processes.
- H.E. Adriana Mira, Vice-Minister of Foreign Affairs of El Salvador, explained the country’s challenges posed by climate change and its transformation process, policies, and strategies to focus on harnessing development opportunities.
- Ms. Evelyn Adzovi Addor, Climate Negotiator for Ghana, Communications Officer for EcoCare Ghana and Member of Climate Youth Negotiators Programme, called for the rights of young people to be centred in sustainable development and environmental governance. She stressed the impact of climate change on Africa’s young population, and called upon OHCHR to provide dedicated spaces for young people to be involved in decision-making around climate change.
- Mr. Vishal Prasad, Campaign Director for the Pacific Islands Students Fighting Climate Change, explained the impact of the youth-led campaign that started in 2019 and led to the adoption in 2023 of the UNGA resolution requesting an advisory opinion from the ICJ on the obligations of States in respect of climate change. With the world at a crossroads, he called for young people to be given a true opportunity to shape it through meaningful involvement and empowerment.
- Ms. Xiomara Acevedo Navarro, Representative of the Global Youth Biodiversity Network, claimed that young people’s potential for shaping global decision-making is not being leveraged to the fullest, and called for more resources to overcome barriers to youth participation, including financing for youth-led initiatives, protection for EHRDs and stronger connections to decision makers.
- Mr. Zuhair Ahmed Kowshik, Global Focal Point for the Children and Youth Major Group to the United Nations Environment Programme, highlighted the fragmentation of the avenues for civil society engagement in environmental governance, and called for greater investment in environmental and human rights education to enable young people’s meaningful engagement in multilateral environmental governance processes.
Ms. Evelyn Adzovi Addor, Climate Negotiator for Ghana, Mr. Vishal Prasad, Campaign Director for the Pacific Islands Students Fighting Climate Change, and Mr. Volker Türk, High Commissioner for Human Rights at the biennial panel discussion on youth and human rights. Photo: UN TV web.
4. Panel discussion on cyberbullying against children (27th September 2023 – concept note – recording).
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- Ms. Nada Al-Nashif, United Nations Deputy High Commissioner for Human Rights, underlined that childhood bullying is ‘a major public health concern,’ whose impacts have been exacerbated by new technologies. She highlighted the differentiated impacts of cyberbullying on girls, both as victims and as perpetrators, and called on States to address it as part of their human rights obligations.
- Mr. Philip Jaffé, Member of the Committee on the Rights of the Child and Director of the Centre for Children’s Rights Studies at the University of Geneva, recalled that, in a world where the majority of children inhabit the digital realm, there’s a need to go ‘back to basics’ on human rights and children’s rights. He stressed the need for political will to raise public awareness, draft legislation, train law enforcement, and consult children, making them partners in prevention efforts.
- Ms. Deepali Liberhan, Safety Policy Director at Meta, provided an overview of Meta’s Best Interest of the Child Framework, which, as she explained, is inspired by the Convention on the Rights of the Child and guides the company’s development of products and experiences for young people. Ms. Liberhan outlined the company’s approach to safety, based on partnerships, user control over their experience, and integrating stakeholder feedback.
- Ms. Santa Rose Mary, a child rights advocate from Uganda, spoke about the wide-ranging impacts of bullying on children, including mental health issues, dropping out of school, and suicide, and called on the Government of Uganda to enforce strict laws on cyberbullying. She also called upon schools to include digital literacy in their curricula, upon parents to teach children about the perils of cyberbullying, and upon children to report any cases they witnessed.
- Mr. Yony Tsouna, Founder and Co-Director of Matzmichim, the Israeli Violence Reduction Organization, stressed the need to teach children how to live virtually, and how to behave healthily online. He called for increased training for educators and for parents, as well as teaching digital literacy to children, so they learn how to identify and neutralise online hate.
Mr. Philip Jaffé, Member of the Committee on the Rights of the Child and Mr. Yony Tsouna, Founder and Co-Director of Matzmichim at the panel discussion on cyberbullying against children. Photo: UN TV web.
5. Annual half-day panel discussion on the rights of Indigenous Peoples, on the theme ‘the impact of certain development projects on the rights of Indigenous Peoples, in particular the impact on Indigenous women’ (27th September 2023 – concept note – recording).
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- Ms. Ilze Brands Kehris, United Nations Assistant Secretary-General for Human Rights, opened the panel by highlighting the role of the UNDRIP in recognising Indigenous Peoples’ right to self-determination, particularly in the context of development projects. She stressed that Indigenous women are ‘the backbone of their communities’ and recalled that CEDAW General Comment 39 recommends States to regulate business activities that undermine Indigenous women and girls’ rights.
- Ms. Sheryl Lightfoot, Chair-Rapporteur of the Expert Mechanism on the Rights of Indigenous Peoples, stated that Indigenous Peoples’ right to self-determination had advanced little since the adoption of UNDRIP, particularly in the context of development projects, in which they are often subject to mass evictions, dispossession of lands and resources. She called on States to ensure that Indigenous women have by law the same access and control of lands and resources as men.
- Ms. Anabela Carlón Flores, a lawyer for the Yaqui People in Mexico, explained the impact of two major development projects on the Yaqui, including disappearances, criminalisation, and harassment. She explained how development projects were implemented without consulting and informing Indigenous Peoples to obtain their consent.
- Mr. José Francisco Calí Tzay, Special Rapporteur on the rights of indigenous peoples, spoke about Indigenous women’s role as custodians of collective knowledge, skills, and cultural identity. He stressed the disproportionate burden borne by Indigenous women to protect their lands and resources from climate change and from external threats, such as development projects. He called on the international community to listen to Indigenous women and give them the opportunity to lead.
- Ms. Adriana Quiñones, Head of Human Rights and Development at the United Nations Women Geneva Office, explained the increased partnerships between UN Women, Indigenous women and CSOs to develop normative commitments, foster the inclusion, participation and organisation of Indigenous women in several countries, including Brazil, Argentina, Guatemala, India, Viet Nam, and Cambodia.
Ms. Ilze Brands Kehris, United Nations Assistant Secretary-General for Human Rights at the annual half-day panel discussion on the rights of Indigenous Peoples. Photo: UN TV web.
Trust Fund for SIDS/LDCs
The Trust Fund for the participation of LDCs and SIDS in the work of the Council (set up in 2012) funded the participation of nine government officials (six female and three male) and five fellows (5 women) at HRC54. The fourteen delegates come from Angola, Bahamas, Bangladesh,* Burkina Faso, Ethiopia, Gambia,* Jamaica, Kiribati, Lesotho, Madagascar, Maldives,* Marshall Islands, Sierra Leone, and Vanuatu.
A small proportion of delegates (21%) come from States that are currently members of the Council.
*Council members.
Commissions of Inquiry, Fact-Finding Missions and Independent investigations
1. The Independent Investigative Mechanism for Myanmar
On 11 September 2023, the Independent Investigative Mechanism for Myanmar, composed of Mr. Nicholas Koumjian (Head) and Kaoru Okuizumi, delivered an oral update to the Council, followed by an interactive dialogue with States and NGOs on the country’s human rights situation.
Mr. Nicholas Koumjian highlighted that the frequency and intensity of war crimes and crimes against humanity have increased in recent months, as Myanmar is subject to more brazen aerial bombings and indiscriminate shelling, which has resulted in the deaths of innocent civilians, including children. Further, there has been an increase in executions of captured combatants and civilians and the intentional burning of homes and villages.
Mr. Koumjian noted that these ongoing crimes are causing the people of Myanmar to suffer deeply, and that the Mechanism is committed to pursuing justice for the country’s people, focusing the entirety of its efforts in ensuring accountability for perpetrators.
Mr. Koumjian stated that the Mechanism is currently sharing information and evidence with three ongoing proceedings that are focused on crimes being committed against the Rohingya, namely the International Criminal Court, the International Court of Justice, and in Argentina. The Mechanism is now finalising three analytical reports to share with authorities involved in the aforementioned proceedings regarding: the military chain of command in Rakhine state; the failure of authorities in Myanmar to investigate or punish sexual and gender-based crimes; and the organised spread of hate speech content on Facebook in 2017 by the Myanmar military, as a part of clearance operations.
Mr. Nicholas Koumjian, Head of the Independent Investigation Mechanism for Myanmar during the 54nd session of the Human Rights Council. 11 september 2023. UN Photo / Jean Marc Ferré
2. Group of Experts on Nicaragua
On 12 September 2023, the Group of Human Rights Experts on Nicaragua, composed of Jan-Michael Simon (Chair), Ángela Maria Buitrago, and Ariela Peralta Distefano, delivered an oral update to the Council, followed by an interactive dialogue with States and civil society on the situation of human rights in the country.
Mr. Jan-Michel Simon highlighted that in the Group’s first report to the Council, it concluded that, since 2018, President Ortega and others have been carrying out acts that constitute prima facie the crime against humanity of persecution on political grounds. The Group also concluded that the crimes are met with total impunity and the entire State apparatus is put to use for this purpose. Mr. Simon stated that this has continued since the release of the Group’s last report.
Mr. Simon further highlighted that the human rights situation today is aggravated and that the Group has observed an escalation of persecution of dissent by the government.
Mr. Simon noted how persons in Nicaragua perceived to dissent or oppose authorities are harassed and pressured to leave, while those outside are being denied re-entry or arbitrarily deprived of their nationality. Further, the legal status of 27 private universities has been cancelled and their assets confiscated.
Finally, Mr. Simon urged the Nicaraguan government to allow unconditional access to neutral and independent verification bodies, and to cooperate with the Group and grant it access to the country. He also called on the international community to expand sanctions, liaise with higher education authorities, and to assess current and future development cooperation with Nicaragua with an aim to strengthen a plural and diverse range of actors in higher education.
Nicaragua, speaking as the country concerned, stated that it did not accept and had a lack of knowledge about the Group. It argued that the resolution creating the Group was imposed unilaterally and had the intention of interfering in a free and dignified State such as Nicaragua. In the Council, non-selectivity should be prioritised and rancid interventionist actions taken by some Council members should not be taken up by the Council itself. The Group’s sources lack objectivity and impartiality, and forget the genuine truth of the Nicaraguan people. In Nicaragua, people enjoy the right to a safe life, health care, education, and infrastructure.
Mr. Jan-Michael Simon, Chairman of the Expert Group in the Nicaragua during the 54nd session of the Human Rights Council. 12 september 2023. UN Photo / Jean Marc Ferré.
3. International Commission of Human Experts on Ethiopia
On 21 September 2023, the International Commission of Human Rights Experts on Ethiopia, composed of Mr. Mohamed Chande Othman (Chair), Mr. Steven Ratner and Ms. Radhika Coomaraswamy, delivered an oral update to the Council, followed by an interactive dialogue with States and NGOs on the situation of human rights in the country.
Mr. Mohamed Chande Othman informed the Council that since the Commission last briefed the Council in March 2023, the situation in Ethiopia has significantly deteriorated. The Cessation of Hostilities Agreement (COHA), signed in November 2022, has not only failed to bring about peace, but atrocities are ongoing and conflict, violence, and instability is now near-national in dimension.
The Commission’s latest report confirms that Eritrean troops and Amhara militias are continuing to commit atrocities against civilians in Tigray, including rape and sexual violence against women and girls. Mr. Othman noted the Commission’s particular concern regarding the safety of minority Irob and Kunama communities living near the Eritrean border. The Commission has further documented the forced expulsion of Tigrayans from Western Tigray. Tens of thousands of women, men and children cannot return to their homes, and refugees fleeing the conflict are facing further violations, including human trafficking.
Eritrean forces’ continued presence on Ethiopian territory – over ten months after the COHA required their departure – confirms an ongoing pattern of atrocities, and is a clear sign of continued complicity and tolerance of such violations by the Ethiopian government. In doing so, Ethiopia is failing its primary, State-based, legal duty to protect its population. Further, the Commission considered that the prospect of accountability for atrocities by Eritrean forces is virtually non-existent.
Mr. Othman noted that beyond Tigray, the Commission is gravely concerned about the deteriorating situation in the Amhara region, with reports of human rights violations, including extrajudicial killings and large-scale arrests of Amhara civilians. Mr. Othman highlighted that the Commission’s investigation points to a broader pattern of increased securitisation of the state through states of emergencies and Command Posts without civilian oversight.
Next, Mr. Othman highlighted that the Ethiopian National Defence Forces, Eritrean Defence Forces, regional forces and affiliated militias perpetrated violations in Tigray on a staggering scale, including mass killings, widespread and systematic rape and sexual violence against women and girls, deliberate starvation, forced displacement, and large-scale arbitrary detentions, which amount to war crimes and crimes against humanity. Tigray forces and allied militias have also committed violations against civilians in the Amhara and Afar regions, including killings, widespread rape and sexual violence, destruction of property and looting, which also amount to war crimes.
Mr. Othman detailed the effect of the atrocities on survivors, victims, and their families, which is seriously eroding the fabric of society.
According to Mr. Othman, the need for a credible and inclusive process of truth, justice, reconciliation, and healing has never been more urgent, but Ethiopia’s current transitional justice consultation is not that process. The process falls far short of African Union and international standards, as is not driven by the needs of the victims, and lacks inclusivity and transparency.
Mr. Othman highlighted that the Commission has repeatedly sought through different channels to engage with the Government of Ethiopia on transitional justice and the rest of its mandate – including by providing an advisory note on ensuring consultations meet regional and international standards, but has received no response.
Finally, Mr. Othman stated that the Commission’s report offers a series of recommendations for Ethiopia, including benchmarks for a legitimate transitional justice process, as well as recommendations to the international community, which are oriented toward ending the current violence and preventing its recurrence. He urged the Council to ensure robust and continued international investigations and public reporting of the situation, as failure to do so would not only be an abdication of the Council’s responsibility, it would send a devastating message to the victims and survivors of this conflict.
Ethiopia, speaking as a country concerned, stated that the tremendous progress made in silencing guns had not been reflected in the Commission’s reports, which have been based on a highly questionable methodology and grossly mischaracterise positive developments and contradict the findings made by the OHCHR. The Commission has gone far beyond its assumed scope, with the report having the temerity to say that some armed groups had the support of communities. Ethiopia has successfully conducted consultations for options on transitional justice policy across the country, and the Commission’s report cannot undermine this participatory process, which met international standards.
Mr. Mohamed Chande Othman, Chair of the international commission of human rights experts, at the Interactive Dialogue under Item 4.
4. The Commission of inquiry on the Syrian Arab Republic
On 22 September 2022, the Independent International Commission of Inquiry on the Syrian Arab Republic (COI), composed of Mr. Paulo Sérgio Pinheiro (Chair), Mr. Hanny Megally, and Ms. Lynn Welchman, delivered an oral update to the Council, followed by an interactive dialogue with States and NGOs on the country’s human rights situation.
Mr. Paulo Sérgio Pinheiro stated that the present stalemate in Syria is intolerable – the war has not ended, and the country remains unsafe for the return of refugees, while Syrian youth flee en masse. Despite diplomatic efforts to stabilise the country, including its re-admission to the League of Arab States, the people in Syria continue to suffer from escalating unrest, fighting along multiple fronts, a near collapse of the Syrian economy, and continual human rights violations and abuses. Nearly 12 years after the start of the conflict, the parties to the conflict continue to perpetuate war crimes and violate basic human rights.
Mr. Pinheiro highlighted that in the first half of 2023, people continue to be killed, disappeared, tortured, arbitrarily detained, displaced and dispossessed by the Syrian State and the three other main actors that control a third of the country. The Commission’s report documented attacks and civilian casualties involving not only Syrian forces, but five foreign armies that continue to operate throughout the country. Journalists and activists continue to be intimidated and harassed by State and non-State actors.
According to Mr. Pinheiro, States that are imposing unilateral coercive measures need to review the impact of the measures on the lives of Syrian citizens and humanitarian actors, considering the deepening economic catastrophe in the country.
The Syrian Arab Republic, speaking as a country concerned, argued that the Commission is continuing its biassed approach to the situation in the country, with a litany of contradictions in facts, false information, and biassed conclusions. It stated that the Commission is a mere tool of incitement against the Syrian government that continues to evaluate issues outside its mandate, ignoring matters linked to human rights law that are relevant to the country’s economic and living conditions, such as the imposition of unilateral coercive measures and acts of aggression. The only way to improve the situation in the country is to withdraw the occupying American and Turkish forces and lift all unilateral coercive measures.
Mr. Paulo Sérgio Pinheiro Chair, Independent International Commission of Inquiry for Syria, at the the Interactive Dialogue under Item 4. Photo: UN TV web.
5. Independent International Commission of Inquiry on Ukraine
On 25 September 2023, the Independent International Commission of Inquiry on Ukraine, composed of Erik Møse (chair), Jasminka Džumhur, and Pablo de Greiff, delivered an oral update to the Council, followed by an interactive dialogue with States and NGOs on the situation of human rights in the country.
During the oral update to the Council, Mr. Erik Møse explained that, well into the second year of the armed conflict, people in Ukraine continue to cope with loss and injury of loved ones, large-scale destruction, suffering and trauma, as well as economic hardship. Thousands have been killed and injured, while millions remain internally displaced or out of the country.
Mr. Møse detailed the Commission’s concern regarding the continuous evidence of war crimes committed by the Russian armed forces in Ukraine. He stated that the Commission is now undertaking more in-depth investigations regarding unlawful attacks with explosive weapons, attacks affecting civilians, torture, sexual and gender-based violence, and attacks on energy infrastructure.
Since the establishment of the Commission, it has travelled over ten times to Ukraine, holding constructive interactions with authorities and meeting with survivors of attacks. Mr. Møse expressed the Commission’s appreciation for the cooperation of the Government of Ukraine, and extended its gratitude to victims and witnesses for sharing their experiences, and other persons and organisations for valuable exchanges. He expressed regret on behalf of the Commission for the lack of response from the Russian Federation to communications from the Commission.
Mr. Møse then detailed how attacks with explosive weapons in populated areas have led to extensive destruction and damage, and have been the leading cause of deaths and injuries among the civilian population. Further, the breach of the dam at Nova Kakhovka and the consequent floods, have destroyed or rendered uninhabitable hundreds of dwellings and had ecological and economic implications. The Commission has also collected further evidence indicating that the use of torture by Russian armed forces in areas under their control has been widespread and systematic. The Commission has also documented rape and sexual violence against women of ages ranging from 19 to 83 in the Kherson region. Mr. Møse also detailed the devastating consequences of the conflict for children.
Finally, Mr. Møse highlighted the paramount importance of judicial and non-judicial accountability, including measures that support the needs of the victims, such as effective mental health and psychosocial support, and reiterated the need for coordination and the avoidance of duplication between the various actors in the crowded accountability space in Ukraine. Finally, regarding reparations, the Mr. Møse urged the international community to make sure that recognisably necessary national reconstruction programmes or property restitution programmes are not designed to the detriment of victims’ reparations.
Ukraine, speaking as a country concerned, stated that until today, accountability for Russia’s criminal legacy in Chechnya, Georgia, Ukraine and Syria has been largely lacking, which has paved the way for its aggression in Ukraine. Ukraine expressed its gratitude to the Human Rights Council for its rapid response in setting up the Commission with a clear mandate to investigate all alleged violations and abuses of human rights and humanitarian law in the context of the aggression of the Russian Federation against Ukraine. Ukraine continues to document, investigate and prosecute over 100,000 incidents of war crimes.
Mr. Erik Møse, Chair, Independent International Commission of Inquiry on the situation of human rights in Ukraine stemming from the Russian aggression, providing an oral update at the Interactive Dialogue under Item 4. Photo: UN TV web.
6. Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela
On 25 September 2023, the Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela, composed of Ms. Marta Valiñas (chair), Mr. Francisco Cox Vial, and Ms. Patricia Tappatá Valdez, presented its third report during an oral update to the Council, which was followed by an interactive dialogue with States and NGOs on the country’s human rights situation.
Ms. Marta Valiñas informed the Council that the FFM had examined the repression mechanisms used by the Venezuelan State apparatus against those critical of the government, as well as the linked repression of civil society and State structures involved in the commission of human rights violations. She stated that the Mission believed that human rights violations have continued.
According to Ms. Valiñas, the second part of the Mission’s investigation focused on the new Directorate of Strategic and Tactical Action of the Bolivarian Police Force. There had been reasonable grounds to believe that the disbanded Specialised Action Forces unit had been involved in extrajudicial killings, and the new Directorate, established in 2022, was a de facto continuation of the Specialised Action Forces, according to the Mission. There are allegations linking the new Directorate to assassinations and detentions, but a more detailed investigation was warranted.
The Bolivarian Republic of Venezuela, speaking as a country concerned, said that the Mission, imposed for political reasons on Venezuela, was the antithesis of the human rights system, using the excuse of human rights to provoke political interference. Further, Venezuela highlighted how unilateral coercive measures imposed on the country should be mentioned as the true causes of its current economic reality, but the Mission did not mention this. Venezuela additionally reminded the Council that it has increased its technical cooperation with the OHCHR, making progress on agreed objectives with tangible results. Venezuela will continue promoting and protecting human rights through the Council, but not through interventionist and punitive measures.
Ms. Marta Valinas, Chair of the Fact-finding Mission on Venezuela at the Interactive Dialogue under Item 4.
Item 5 & item 10 General Debate
Item 5
During the general debate under item 5, held on 29 September, several delegations made statements supporting the independence and integrity of OHCHR and its increasing presence in the field. Speakers pointed at this year’s 75 anniversary of the Universal Declaration of Human Rights as an opportunity to renew States’ commitments to the rights enshrined in the Declaration and to restore global unity around its principles of universality, indivisibility and interdependence of human rights.
Spain delivered a statement on behalf of the European Union, recalling that the UDHR sets ‘a common standard of achievements for all peoples and all nations’ and encouraged ‘further efforts to create a virtuous circle where the Special Procedures, Treaty Bodies, and UPR build upon their respective work and actively seek opportunities for greater collaboration and synergy.’
Costa Rica underlined the valuable contribution of the human rights mechanisms to the implementation of international human rights obligations, especially through their exchanges with State and non-State actors, NHRIs, civil society and human rights defenders. Costa Rica also called for a rapprochement of Special Procedures mandate-holders in order to address issues in a more holistic way, and thereby contribute to the efforts to rationalise the Council’s and OHCHR’s resources.
Angola took the floor to emphasise the role of OHCHR in strengthening national capacities to respect human rights obligations, and called on the Office to ‘continue assisting special procedures with a view to comply further with the code of conduct.’
Speaking on behalf of the Organisation of Islamic Cooperation, Pakistan called upon a review of the appointment process of mandate-holders ‘in a way that reflects the diversity of various legal systems and equitable geographical balance’. It also reiterated its stance that ‘there is no legal basis for the concept of SOGI, and experts in human rights treaty bodies have no mandate to question member states on this matter’ and conveyed the OIC’s ‘deep disappointment’ that several mandate-holders ‘have chosen to pursue a selective and partisan approach.’
Portugal, on behalf of the Group of Friends on national mechanisms for implementation, reporting, and follow-up (NMIRFs), underscored the role of NMIRFs in supporting States’ efforts to fulfil their human rights obligations, and encouraged States to establish and continue strengthening their NMIRFs, while calling on OHCHR to provide the necessary technical assistance and capacity-building support.
Latvia, speaking on behalf of 69 countries from all regional groups except for the African Group, delivered a statement focusing on States cooperation with the Special Procedures, noting that a total of 130 member States and observers have extended standing invitations, and encouraging those remaining States to do so and to honour this commitment.
Mr. Mário Martins, Minister-Counsellor, Deputy Permanent Representative, Permanent Mission of Portugal, at the General Debate under Item 5. Photo: UN TV web.
Item 10
During the general debate under item 10 on technical assistance and capacity-building, held on 10 and 11 October, speakers highlighted the contribution of technical assistance and capacity-building to LDCs and SIDS.
Burkina Faso, speaking on behalf of the 14 recipients of the Trust Fund for the participation of LDCs and SIDS, conveyed the beneficiaries’ view that their participation in the Council session, enabled by the Trust Fund, would revert into strengthened national capacities to support the implementation of international human rights instruments at the national level.
Maldives commended OHCHR for its ‘ongoing and vital work’ in this area, which ‘plays a pivotal role’ in the efforts of LDCs and SIDS to achieve their sustainable development goals. AS a country that played a key role in the establishment of the Trust Fund, Maldives highlighted the Fund’s usefulness for member States that do not have a permanent mission in Geneva, enabling them to engage with the Council and facilitating the implementation of their human rights obligations. Maldives stressed that LDCs and SIDS face structural challenges including climate vulnerabilities and resource limitations, and urged the international community, including UN agencies and donor countries, to scale up their support to LDCs and SIDS.
Costa Rica commended the initiatives seeking to establish avenues for collaboration to reinforce national capacity for the promotion and protection of human rights, pointing at the initiatives on Colombia and Haiti adopted at the Council’s 53rd session, and the initiatives on Honduras and CARICOM presented in the current session.
Timor-Leste spoke on behalf of an informal group of SIDS comprising also Cuba, Maldives, Marshall Islands, Nauru, Singapore, and Vanuatu, to underscore the distinct vulnerabilities faced by SIDS and the ensuing ‘imperative need for enhanced technical and financial assistance and capacity building’ to strengthen their resilience and protect and promote human rights. The group of countries stressed the critical support provided by the Council’s Voluntary Funds in strengthening national human rights frameworks and implementation.
H.E. Asim AHMED, Ambassador Extraordinary and Plenipotentiary, Permanent Representative of the Republic of Maldives, at the General Debate under item 10. Photo: UN TV web.
Universal Periodic Review
Adoption of the UPR Working Group outcome reports
The Council adopted the UPR outcome reports of Bahamas, Barbados, Botswana, Burundi, France, Israel, Liechtenstein, Luxembourg, Mali, Montenegro, Romania, Serbia, Tonga, and the United Arab Emirates.
A total of 3,654 recommendations were made to these 14 States, out of which 2,674 were accepted in full, 919 were noted, and 61 were partially supported/noted.
General debate under item 6
On 3 October, the Human Rights Council held a general debate on the Universal Periodic Review (UPR) under item 6.
The UPR was highlighted by a high number of representatives as ‘the chief mechanism,’ guided by the principles of universality, impartiality and equality, to review human rights issues at national level without polarisation and politicisation, respecting national sovereignty and avoiding double standards, selectivity and naming and shaming. Some speakers called for the UPR to be strengthened in order to reinforce the provision of capacity-building support and technical assistance to States.
Côte d’Ivoire, speaking on behalf of the African Group, expressed the Group’s ‘full support for the UPR,’ describing it as ‘the chief intergovernmental cooperation mechanism for reviewing while respecting the rules of universality, interdependence, and indivisibility issues of human rights at national level in all countries.’ The AG statement highlighted the crucial need to provide capacity-building support to States, especially developing States and SIDS, to enable them to effectively promote and protect human rights, but also to help them to discharge their human rights obligations.
Pakistan, speaking on behalf of the Organisation of Islamic Cooperation, commended the work of OHCHR in supporting the strengthening of the UPR process, and called on the protection of the principles of universality, impartiality, transparency, equal treatment, voluntary and peer-review nature of the UPR. Pakistan also highlighted the role of national reports within the UPR reviews, underlining also the contributions of civil society and national human rights institutions.
Spain, intervening on behalf of the European Union, encouraged the full engagement of all States with the UPR process, and called on them to base their recommendations on objective and reliable information, such as information or reports from Special Procedures, Treaty Bodies, OHCHR reports and other UN entities, such as UN country teams as well as information from national human rights institutions and civil society organisations.
Georgia took the floor to explain the country’s reporting process, outlining the contributions made thereto from all competent agencies of the executive branch, frmo judicial and legislative authorities, the public defender’s office, and international nongovernmental organisations. The Georgian representative also explained the country’s submissions to several Treaty Bodies and the implementation of recommendations from human rights monitoring mechanisms.
Bolivia also reiterated its support for the UPR, which it described as ‘the main tool for intergovernmental cooperation to review the human rights situation in all UN member states with no distinction.’ The Bolivian statement highlighted the UPR’s constructive and transparent nature, and its consideration for national contexts, which allows States to request technical assistance and capacity-building support in their identified priorities.
Some States pointed to the need of conducting the review process in an objective, non-politicised, and transparent manner based on reliable information, and expressed that the UPR must continue to be an intergovernmental process, driven by UN members on an equal footing, and that it must be action-oriented.
Ms. Ana GURGENIDZE, Counsellor, Permanent Mission of Georgia, at the General Debate under Item 6. Photo: UN TV web.
Special Procedures
Interactive Dialogues
20 mandate-holders (fourteen thematic, and six country-specific) presented annual reports or oral updates to HRC54 (written reports are available here). During 20 interactive dialogues (all individual),
Interactive Dialogue with Richard Bennett, UN Special Rapporteur on the situation of human rights in Afghanistan at the 54th Human Rights Council. On the right Maira Mariela Macdonal Alvarez, HRC Vice-President and Rapporteur. U.S. Mission Photo: Eric Bridiers.
Appointment of new mandate-holders
On the final day of the session, the following twelve mandate-holders were appointed to fill positions on existing mandates:
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- Ms. Cecilia BAILLIET (Argentina) was appointed as the Independent Expert on human rights and international solidarity.
- Mr. Nicolas LEVRAT (Switzerland) was appointed as the Special Rapporteur on minority issues.
- Mr. Gehad MADI (Egypt) was appointed as the Special Rapporteur on the human rights of migrants.
- Mr. Ben SAUL (Australia) was appointed as the Special Rapporteur on counter-terrorism and human rights.
- Mr. Graeme REID (South Africa) was appointed as the Independent Expert on sexual orientation and gender identity.
- Ms. Beatriz MIRANDA GALARZA (Ecuador) was appointed as the Special Rapporteur on discrimination against persons with leprosy.
- Ms. Heba HAGRASS (Egypt) was appointed as the Special Rapporteur on the rights of persons with disabilities.
- Ms. Laura NYIRINKINDI (Uganda) was appointed as a member from the African States to the Working Group on discrimination against women and girls.
- Ms. Haina LU (China) was appointed as a member from the Asia-Pacific States to the Working Group on discrimination against women and girls.
- Ms. Ivana KRSTIC (Serbia) was appointed as a member from the Eastern European States to the Working Group on discrimination against women and girls.
- Ms. Claudia FLORES (United States of America) was appointed as a member from the Western European and other States to the Working Group on discrimination against women and girls.
- Ms. Jovana JEZDIMIROVIC RANITO (Serbia) was appointed as a member from the Eastern European States to the Working Group on the use of mercenaries.
To inform the appointments, the Consultative Group, made up of representatives of Zimbabwe, Iraq, Armenia, Uruguay, and Greece, scrutinised approximately 172 individual applications (73 applications for the candidates proposed for the four mandate holders foreseen to be appointed at the 53rd session and 99 applications for the eight vacancies considered at the 54th session).
The Consultative Group sent its recommendations to the President of the Council for the eight foreseen vacancies on 11 August 2023. The President followed the recommendations of the Consultative Group for 11 out of the 12 foreseen vacancies. His proposals were sent to the Council via letter on 28 August 2023. For the mandate of Special Rapporteur on the human rights of migrants, the President decided to put forward a different candidate (i.e., Mr. Gehad MADI, Egypt) to the one ranked number one by the Consultative Group (i.e., Ms. Anna TRIANDAFYLLIDOU, Greece). As of October 2022, there were 59 mandates, including 45 thematic and 14 country mandates, and 81 active mandate-holders (55% female, 45% male).
Resolutions
Resolutions listed in order of L numbers
Analysis and conclusions
The 54th session was marked by a return to a more balanced, and – somewhat – less polarised Council.
Perhaps the most significant moment during the session did not take place in Geneva. On 10 October, members of the General Assembly voted to reject Russia’s attempt to win back its seat on the Council after it had been suspended in 2022. If Russia had won the election, it would have dealt a serious blow to the body’s credibility and maybe even called its future into question. As it is, UN Member States reaffirmed their commitment to human rights and to the Council’s mandate.
The more balanced and – somewhat less polarised – approach to the fulfilment of the Council’s mandate is evidenced by the session’s work on both country-specific and thematic concerns.
Country situations
Regarding country situations, the Council was able to take important steps to promote accountability for serious violations (i.e., under agenda items 2 and 4), but also took a range of steps to improve situations through a more cooperative approach aimed at extending technical assistance and capacity-building support (i.e., item 10).
In terms of the former, the Council renewed the mandate of the Special Rapporteur on the human rights situation in Russia and created an Independent Fact-Finding Mission on Sudan.
The resolution on human rights in the Russian Federation was adopted with 18 votes in favour, 22 abstentions, and 7 votes against. Although this represents a slight decrease in support compared to the previous resolution (adopted with 17 votes in favour, 24 abstentions, and 6 against), it nonetheless represents an important statement of intent to continue to hold Russia – a powerful State and permanent member of the Security Council – to account.
The resolution on ‘Responding to the human rights and humanitarian crisis caused by the ongoing armed conflict in the Sudan’ was adopted with 19 votes in favour, 12 abstentions, and 16 against. With the text, the Council decided to establish a fact-finding mission to avoid the growing sense of impunity amongst military and political leaders in the country. The text is significant in that it builds on resolution S-36/1 adopted at the conclusion of the special session on Sudan in May 2023, at which time the main sponsors, led by the UK, did not have the support to create an accountability mechanism.
That said, it was not all plain sailing for the Western Group at HRC54, in particular with regard to the Group’s attempts to take forward the Council’s mandate to address situations of human rights violations. It remains difficult, at present, for Western States to secure votes in this area. This was clearly seen in the context of the EU’s decision not to table a resolution extending the mandate of the International Commission of Human Rights Experts on Ethiopia (established in December 2021 and renewed in October 2022) for a further year.
In a positive development at HRC54, there was far greater focus than normal on seeking to improve countries’ human rights situations through dialogue, cooperation, technical assistance, and capacity-building. The session saw the adoption of no fewer than seven country-specific (or – in an important first for the Council – region-specific) resolutions under item 10. These were focused on Cambodia, Yemen, Honduras, Central African Republic, Somalia, the Caribbean, and the Democratic Republic of Congo. Three of these were tabled at the initiative of the country/region concerned (the Caribbean, Honduras, and Somalia), and – showing the willingness of States to innovate – two broke important new ground. The text focused on Honduras is a rare hybrid text, aiming to strengthen the enjoyment of human rights of persons deprived of liberty in the penitentiary system in the country, while the text on the Caribbean calls for the establishment of a regional office of the UN High Commissioner for Human Rights for the Caribbean Community.
Thematic
Members and observers at HRC54 demonstrated a keenness to address important emerging human rights concerns and to do so in a way that strikes a balance between economic, social and cultural rights on the one hand, and civil and political rights on the other.
Regarding the former, HRC54 saw the issue of inequality rise to the top of the Council’s agenda. At the start of the session, in his opening address, the High Commissioner for Human Rights made inequality his primary thematic focus, calling on the UN human rights system to play a far more important role in confronting one of the key challenges of our time. Then, during the session, China presented a resolution on ‘Promoting and protecting economic, social and cultural rights within the context of addressing inequalities,’ which inter alia calls for a scaling-up of general budget-funded posts at OHCHR to work on economic and social rights/inequality. The eventual adoption of the resolution by consensus is also a positive development, showing China’s willingness to be flexible in light of Western concerns about the drawing too close a link between human rights and development, and a willingness on the part of States that usually vote against China-led texts to judge the resolution and the issue on its merits.
Regarding civil and political rights, the Council built upon its important work to address incitement to religious discrimination, hatred, and violence, in particular in the context of burnings of the Quran in some European countries. The High Commissioner provided an oral update in which he presented OHCHR’s blueprint for follow-up with States on the resolution adopted during the urgent debate at the June session.
In a further sign that the Western States, perhaps prodded by the difficulties they are facing in garnering member support for resolutions under item 4, are moving towards a more conciliary approach to issues of importance to the global South, many States across the Western and Eastern European Groups supported the resolution establishing a Working Group on the rights of peasants and other people working in rural areas. Luxembourg, an EU member State, was even part of the core group for the text, alongside Bolivia, Cuba, Gambia, Kyrgyzstan, and South Africa. Only the UK and US voted against it.
WEOG States seriously undermined this new effort to win ‘hearts and minds’ however, by continuing to call a vote on the Africa Group’s important resolution on combatting racism. Under South Africa’s leadership, the African Group had gone to great lengths this year to amend the text to address Israeli concerns that the Durban Declaration and Programme of Action (DDPA) is somehow linked with anti-Semitism (in reality, the DDPA is designed inter alia to fight anti-Semitism and all forms of racial discrimination and hatred. Consensus had looked possible until the attacks by Hamas against Israel, after which Western and EEG (EU) members fell back on their long-standing support for Israel’s position on the DDPA. The resolution was ultimately adopted with 33 votes in favour, 7 abstentions, and 7 against (all WEOG and EEG States, plus Nepal).
Finally, there continued to be disagreement and polarisation at HRC54 on societal issues and on highly political issues such as the question of the death penalty. For example, as in previous years, Russia and others presented a range of amendments to the (increasingly long and increasingly inoperative) draft resolution on maternal mortality, those all were eventually rejected. Regarding the death penalty, Singapore and others came close (19-21-7) to securing an amendment to a Swiss-led text, which would have added a new OP1 bis reaffirming the overriding nature of State sovereignty in the development of legal/penal systems.
Featured photo: Volker Türk (left) United Nations, High Commissioner of the Human Rights with Václav Bálek, (right) Président of the Human Rights Council during the 54nd session of the Human Rights Council. 11 September 2023. UN Photo / Jean Marc Ferré
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