Quick summary
- The 55th regular session of the Human Rights Council (HRC55) was held from Monday, 26 February 2024 to 5 April 2024.
- As the main session of the Council, HRC55 began with a High-Level Segment (HLS). The 2024 HLS included speeches by more than 130 world leaders, including two heads or deputy heads of State, eight heads or deputy heads of government, and 105 ministers or vice-ministers, as well as representatives from international organisations. An analysis of the content and focus of the high-level speeches can be read here.
- On 4 March, the UN High Commissioner for Human Rights, H.E. Mr. Volker Türk presented an oral update on the human rights situation around the world. In his intervention, the High Commissioner referred to several situations around the world and highlighted his concerns for the raging conflicts across different regions. He also underscored the importance of 2024 as a ‘mega election year’ and stressed the links between democracy and the enjoyment of human rights. During the session, the High Commissioner also provided oral updates on Myanmar on March 1, on the Bolivarian Republic of Venezuela on March 19, and on the Democratic People’s Republic of Korea on March 20. These oral updates given by the High Commissioner provided the basis for the general debate under Item 2 and 4 on 4th and 20th March.
- Seven panel debates were held during the session.
- More than 80 reports under the Council’s various agenda items were considered.
- Fourteen new Special Procedures mandate-holders were appointed to the following mandates: SR on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment (Mexico); SR on the promotion and protection of human rights in the context of climate change (Italy); SR on the promotion of truth, justice, reparation and guarantees of non-recurrence (Canda); SR on rights to freedom of peaceful assembly and of association (Colombia); IE on the promotion of a democratic and equitable international order (Greece); IE on the situation of human rights in Mali (Peru); two members to the Expert Mechanism on the Rights of Indigenous Peoples (from AG and North America); four members to the Working Group on the rights of peasants and other people working in rural areas (from APG, EEG, GRULAC, and WEOG); and one member to the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination (from AG).
- The outcome reports of the UPR Working Group of the following 14 States were adopted: Azerbaijan, Bangladesh, Burkina Faso, Cabo Verde, Cameroon, Canada, Colombia, Cuba, Djibouti, Germany, Russian Federation, Turkmenistan, Tuvalu, and Uzbekistan.
- 34 texts (one decision, and 33 resolutions) were considered by the Council. This represents a 21% decrease in the number of adopted texts compared to one-year prior (HRC52). Of the 34 adopted texts, 22 were adopted by consensus (65%) and 12 by a recorded vote (35%).
- After adopting 33 resolutions, the Council extended fourteen mandates and decided to urgently establish, for a renewable period of one year, a new group of three independent experts on the situation of human rights in Belarus. Mandate renewals include four thematic mandate-holders (i.e., human right to a clean, healthy, and sustainable environment; privacy; cultural rights; and albinism), and nine country mandate-holders (i.e., South Sudan; Iran; Myanmar; DPRK; Syria; Ukraine; Haiti; Mali: and Belarus).
- 7 written amendments put forward by States were considered by the Council: four were rejected by vote; and three were withdrawn by the main sponsor.
- 24 of the texts adopted by the Council (71%) had Programme Budget Implications (PBI).
António Guterres, United Nations Secretary-General, and Volker Türk, United Nations High Commissioner for Human Rights, at the opening of the Human Rights Council 55th Session, Palais des Nations, Geneva, Switzerland – 26 Feb 2024. UN Photo / Elma Okic
High Level Segment
The 3-day High-Level Segment of the 55th session of the Human Rights Council, held from 26 to 28 February 2024, saw the active participation of around 130 high-level dignitaries and officials, including two heads or deputy heads of State, eight heads or deputy heads of government, and 105 ministers or vice-ministers, as well as representatives from international organisations.
The High-Level Segment began with a minute of silence to honour all victims of human rights violations around the world, followed by the opening of the session by H.E. Mr. Omar Zniber, President of the Human Rights Council. The President highlighted the importance of striking an equal balance between civil and political rights and economic, social and cultural rights in responding to present-day challenges. He particularly outlined issues of food security, health security, climate change and environmental protection and impacts of new and emerging technologies including artificial intelligence (AI) amongst others and called for increased attention and action on these issues and related initiatives at the Human Rights Council. The President stressed that in light of the important role played by the Council in the promotion and protection of human rights, reforms of the body are of paramount importance.
H.E. Mr. Dennis Francis, President of the seventy-eighth session of the General Assembly, expressed concerns at grave and increasing threats to human rights including conflicts, impacts of climate change, threats to democracy and rise of authoritarianism, growing inequality, amongst others. He also noted the grave human rights situations in Gaza, Ukraine, Haiti, Yemen, Sudan, Myanmar, the Sahel and Afghanistan. The President stressed that the international community must not fail the victims of human rights violations and highlighted the need for cooperation amongst all stakeholders and the critical role played by the Human Rights Council in these collective efforts.
In his address to the Human Rights Council, H.E. António Guterres, United Nations Secretary-General, stressed that human rights are the bedrock to peace and noted that both are ‘under attack’ as violence and conflict-related human rights increase. The Secretary-General noted that parties to conflicts in Ukraine, Sudan, Myanmar, the Democratic Republic of the Congo and Gaza are turning a blind eye to international law including international humanitarian law and international human rights law. The Secretary-General called for renewed commitment to all human rights – civil, political, economic, social and cultural – backed by efforts towards implementation and accountability and emphasised the Summit of the Future and the New Agenda for Peace as opportunities for such a recommitment. The Secretary-General also announced the launch of the system-wide United Nations Agenda for Protection with the High Commissioner for Human Rights to prevent, identify and respond to human rights violations.
H.E. Mr. Volker Türk, the High Commissioner for Human Rights recalled the commemoration of 75 years of the Universal Declaration of Human Rights at the high-level event in December 2023 and the 770 pledges undertaken by 153 member States, civil society groups, UN bodies, business entities and others. The High Commissioner launched the ‘Human Rights: A Path for Solutions’ to distill the take-aways from the commemoration year to inform the Summit of the Future and guide renewed action. Additionally, the High Commissioner expressed concern at two overarching issues: one, ongoing negotiations on several treaties including on pandemic prevention, cybercrime, plastic pollution and regulation of artificial intelligence are not adequately taking into account human rights harm or obligations; and two, attempts to undermine the legitimacy and work of the UN. The High Commissioner further reaffirmed the universality of human rights as well as the importance of dialogue and the role played by the UN and its convening power to tackle global problems.
The statements from the High Level Segment can be found here.
Over the course of the 3-day High-Level Segment, representatives of States and international organisations emphasised the importance of the Human Rights Council in light of various global challenges including conflicts, the triple planetary crisis, threats to multilateralism and democracy, and rising global inequalities. Representatives took the opportunity to reaffirm their commitments to the UN human rights system, the Universal Declaration of Human Rights, and to cooperating and working with the mechanisms and the Office of the High Commissioner for Human Rights. Many representatives also addressed challenges to the efficiency and effectiveness of the Human Rights Council such as the UN’s liquidity crisis.
In terms of specific human rights situations, the situation in Gaza and the rest of the Occupied Palestinian Territories, as well as the war in Ukraine dominated the High-Level Segment. Women’s rights and gender equality also featured prominently in speeches, particularly with respect to the situation of women and girls in Afghanistan and Iran. Representatives across the board reaffirmed their commitment to key human rights values and principles, including the importance of cooperation and dialogue, the universality of human rights, democracy, the rule of law and accountability, amongst others. Many speakers reiterated the linkages between the three pillars of the UN system, i.e., human rights, peace and security, and development, and the need for mainstreaming human rights in order to achieve the Sustainable Development Goals, noting the upcoming Summit of the Future as an opportunity to renew their human rights commitments and integrate them across the UN system.
High Commissioner’s briefing
On 4 March 2024, the High Commissioner for Human Rights, H.E. Mr. Volker Türk, delivered an oral update on the activities of his Office and recent human rights developments. Mr. Türk highlighted that the 55th session came ‘at a time of seismic global shocks,’ and in the context of a ‘mega election year.’
The High Commissioner underscored that demanding States to uphold their human rights commitments at this time of atrocious violations was ‘the most important, the most consequential, the most urgent task’ we could undertake. Türk announced the launch of Human Rights: A Path for Solutions, a vision statement that is intended to contribute to the Summit of the Future to be held later this year, and which revolves around achieving peace, economies that work for people and planet, effective governance, and guardrails for digital and scientific progress.
The High Commissioner pointed at the many ‘rapidly spiralling crises’ facing humanity, highlighting the wave of conflict – 55 conflicts flaring around the world– and widespread violations of international humanitarian and human rights law, and their global and regional impact. He drew attention to the ‘very real’ potential of spillover of conflict amid overlapping emergencies in Gaza, the Horn of Africa, Sudan and the Sahel, as well as the threat posed by increased militarisation in the Korean Peninsula and the deteriorating security crisis in the Democratic Republic of the Congo, the Red Sea and the Black Sea. Against this backdrop, Türk called on the international community to ‘regain a mindset of peace’ through de-escalation, communication, trust, healing and reconciliation. The right to peace, he said, is ‘the mother of all human rights.’
Türk then delved further into specific country situations. He highlighted the atrocity crimes committed in Myanmar and Sudan and the ensuing displacement and humanitarian crisis; he called the war in Gaza a ‘powder keg’ that could lead to much broader conflagrations, and underlined the military escalation in southern Lebanon between Israel, Hezbollah and other armed groups, resulting in the killing of hundreds and the forced displacement of tens of thousands. The High Commissioner also pinpointed the risk of escalation of conflict in Yemen, already under severe humanitarian strains, and in Syria, where, he said, there is ‘still no clear path to a just and sustainable peace’ after thirteen years of conflict. He deplored the continuing and systematic human rights violations in Afghanistan, particularly against women and girls, and called out the ongoing mass trial based on the counter-terrorism law in the United Arab Emirates which contravenes human rights law. The High Commissioner also commended efforts by China to engage in dialogue with OHCHR and adopt new measures for human rights protections.
He further underscored the serious humanitarian situation in Ethiopia despite steps to implement the November 2022 agreement for the cessation of hostilities, calling out the lack of concrete accountability measures and persistent human rights violations. Along the same lines, the High Commissioner highlighted the doubling of human rights violations in Mali in 2023 as compared to 2022, coinciding with the resumption of hostilities in the withdrawal of MINUSMA. He expressed his concerns for the increase in military operations in Burkina Faso, where enforced disappearances, arbitrary detentions and forcible conscription have intensified amid a state of emergency.
In regards to Ukraine, Türk highlighted that over 10,000 civilians have been killed in the two years since the Russian invasion, with the numbers likely to be much higher. He further noted his concerns for the continued tensions between Serbia and Kosovo, including some violent incidents in 2023, and for the recurrent threats of succession and attacks on the constitutional order in Bosnia and Herzegovina. On a more positive note, Türk expressed his hopes that peace negotiations between Armenia and Azerbaijan would lead to positive human rights outcommes, and called for the lifting up of the voices of victims and relatives.
Turning to Latin America and the Caribbean, Türk drew attention to the prevalence and violence of gangs and organised crime groups in Ecuador, Haiti, Honduras and Mexico, as well as increased gun violence in Jamaica. He called out the impacts of punitive and militarised responses, which besides causing grave human rights violations have the potential of further fuelling violence. Instead, he called for policies grounded in human rights to address the root causes of violence, including corruption, impunity, poor governance, discrimination, and a failure to uphold economic, social and cultural rights. Türk also called on the authorities of El Salvador to uphold the rule of law and the separation of powers. He praised the Caribbean Community for its efforts to maintain peace and stability, and commended the initiative to establish an OHCHR presence in the region.
The High Commissioner recalled that 2024, with elections in over 60 countries, could be ‘a landmark for democratic principles,’ particularly in a context of societies being fragmented by fear, fury, and hatred, fuelled in many cases by politicians deliberately enflaming antagonism and xenophobia. He noted his concerns for the prospect of disinformation campaigns boosted by generative artificial intelligence. To counter this, he insisted on the need for ‘empowerment of people from all walks of life’ ensures trust in institutions, relevant and effective decision-making. Türk further called out the discriminatory barriers to equal political participation and representation, particularly laws and practices that keep women out of power, noting that three quarters of the worlds’ Parliamentarians are men. He highlighted the need for measures to combat police violence and discrimination, noting high rates of racially-motivated police brutality in Germany, Spain, Sweden, the US, and Brazil. Furthermore, he called for independent checks and balances to the exercise of power, particularly through independent justice systems, to achieve good governance through oversight and accountability. On that note, the High Commissioner pointed at corruption as both a major challenge to democracy as well as a source of social and economic inequalities. He further deplored escalating attacks against the LGBTQ+ community, notably through discriminatory legislation and policies, and commended recent steps toward their full recognition in Greece and decriminalisation in Antigua and Barbuda, Barbados, Mauritius, Saint Kitts and Nevis and Singapore.
In this electoral context, Türk highlighted his concerns for human rights in several countries holding elections this year, including the Russian Federation, where repression of dissent continues to intensify; Iran, which raises concerns for the repressive laws and practices curtailing the rights of women and girls; Chad, where the opposition leader was recently killed; Senegal, where civic space has shrunk over the past years, with thousands of opposition members arrested; or Ghana, where growing insecurity and restrictions could jeopardise the country’s leadership in respect for a rules-based institutional transition. Türk further urged steps to ensure fundamental freedoms, democratic, participative and accountable governance, and compliance with human rights commitments in other countries holding elections this year, including Rwanda, Somalia, Libya, India, Bangladesh, Pakistan, Mexico, Venezuela, Poland, and the United States.
The High Commissioner ended his speech calling for durable solutions to uphold and advance the full spectrum of human rights, including the right to development and the right to a clean, healthy and sustainable environment. With history as the testament to overcome the worst challenges through the recognition of all human rights, he said, it is by building and nourishing rights that we will achieve peace and development.
The official transcript of Ms. Türk’s oral update can be found here.
Volker Türk, United Nations High Commissioner for Human Rights, speaking at the opening of the Human Rights Council 55th Session, Palais des Nations, Geneva, Switzerland – 26 Feb 2024. UN Photo / Elma Okic
Panel discussions
A total of seven panel discussions were held during the 55th session. The panels were focused on the following topics:
1. Annual high-level panel discussion on human rights mainstreaming on the theme, ‘Harnessing multilateral efforts to embed, amplify and realise the rights of persons with disabilities, with a focus on full and effective participation and inclusion in society’ (26 February – concept note, video).
- The UN High Commissioner for Human Rights, H.E. Mr. Volker Türk and the President of the seventy-eighth session of the General Assembly, H.E. Mr. Dennis Francis noted the continued exclusion and systematic discrimination faced by persons with disabilities in societies. The High Commissioner addressed the progress within the UN system on disability inclusion and mainstreaming of disability rights and the role of the UN Disability Inclusion Strategy in this regard. The High Commissioner highlighted the need for greater financial and political investment in the UN Disability Inclusion Strategy for more effective implementation. The President of the seventy-eighth session of the General Assembly, H.E. Mr. Dennis Francis stressed that mainstreaming of disability rights is integral to the achievement of the 2030 Agenda for Sustainable Development. The President called for the full implementation of the Convention on the Rights of Persons with Disabilities and stressed the importance of accessibility, participation and inclusion.
- The panelists including the Director-General of the World Health Organization Dr. Tedros Adhanom Ghebreyesus, the Director-General of the International Labour Organization Mr. Gilbert F. Houngbo, Executive Director of the Disabilities Rights Fund and former Special Rapporteur on the rights of persons with disabilities Ms. Catalina Devandas, Executive Director of the United Nations Children’s Fund Ms. Catherine Russel and Ms. Zhang Haidi from the Chinese Federation of Persons with Disabilities highlighted various barriers which prevent the effective enjoyment and realization of the rights of persons with disabilities and outlined the efforts and initiatives towards mainstreaming disability rights and ensuring accessibility, participation and inclusion of persons with disabilities in different bodies and international organisations within the UN system including employment and recruitment policies, programs, leadership, resource mobilisation amongst other aspects. Panelists emphasised the importance of the UN Disability Inclusion Strategy, its contributions towards mainstreaming of disability rights and the need for further effective implementation.
Dr. Tedros Adhanom Ghebreyesus Director-General of the World Health Organization; the UN High Commissioner for Human Rights H.E. Mr. Volker Türk, and the President of the seventy-eighth session of the General Assembly, H.E. Mr. Dennis Francis at the annual high-level panel discussion on human rights mainstreaming, 26 February. Photo: UN WEBTV
2. Panel discussion on countering religious hatred constituting incitement to discrimination, hostility or violence (8 March – concept note, video).
- In his opening remarks, the UN High Commissioner for Human Rights, H.E. Mr. Volker Türk expressed concern at rising xenophobia, discrimination on the basis of religion or belief and hate-driven violence and attacks. Noting that combatting discrimination and hatred is fundamental to the human rights movement, the High Commissioner gave a brief overview of the efforts undertaken by his Office, particularly after resolution 53/1 adopted by the Council, to address religious hatred including addressing the various drivers, root causes and human rights impacts. The High Commissioner called for action from States including the need for anti-discrimination legislation, action by justice systems and training of police forces, effective social initiatives including inclusive faith literacy and human rights education and implementation of human rights recommendations.
- The panelists including H.E. Mr. Zamir Akram (former Permanent Representative of Pakistan to the UN and other international organisations in Geneva), Mr. Thiago Alves Pinto (Member of the Panel of Experts on Freedom of Religion or Belief at the OSCE-ODIHR), Ms. Irene Khan (Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression) and Ms. Kobauyah Tchamdja Kpatcha (Vice-Chair of the Human Rights Committee) addressed inter alia the rise in all forms of religious hatred and intolerance, Council’s initiatives including resolutions 16/18 and 53/1 and the Rabat Plan of Action, the relationship with the right to freedom of expression and opinion and the need for broad-based actions including social policies and programmes geared towards diversity and tolerance and working with a wider range of actors including religious or faith leaders.
Ms. Irene Khan, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and H.E. Mr. Zamir Akram, former Permanent Representative of Pakistan to the UN and other international organizations in Geneva and Chair-Rapporteur of the Working Group on the Right to Development at the panel discussion on countering religious hatred constituting incitement to discrimination, hostility or violence, 8 March. Photo: UN WEBTV
3. Panel discussion on challenges and good practices to realize the right to social security and to provide quality public services (8 March – concept note, video).
- In her opening remarks, Ms. Peggy Hicks, Director of Thematic Engagement, Special Procedures and Right to Development Division, Office of the United Nations High Commissioner for Human Rights stressed that social security systems based on human rights norms and quality public services play a key role in the realisation of economic, social and cultural rights and in the achievement of the SDGs. While acknowledging some progress, Ms. Hicks observed that the right to social security remains far beyond reach for many, with more than half of the world population not covered by social security, and noted disparities in social protection between countries and genders. Ms. Hicks highlighted the need for investment in social security along with essential public services and the promise of digital social security systems.
- The panelists including Ms. Lim Lin Lean (Economist), Ms. Magdalena Sepulveda (Executive Director of the Global Initiative for Economic, Social and Cultural Rights), Ms. Preeti Saran (Vice-Chair of the Committee on Economic, Social and Cultural Rights) and Ms. Shahra Razavi (Director of the Universal Social Protection Department, International Labour Organization) emphasised social security as a critical tool for poverty alleviation, development and the realisation of economic, social and cultural rights and noted the efforts and initiatives within the Human Rights Council on the right to social security. The panelists addressed inter alia various challenges in the realisation of the right to social security including issues of financing and coverage, the need for increased international support and assistance and various other domestic options for resource mobilisation in response to such challenges, the need for legal and policy reforms and their effective implementation, nexus with public services, linkages with public policies across sectors including taxation, implications or differential impacts of lack of social security for vulnerable groups such as women and informal workers, good practices, amongst other aspects.
Ms. Shahra Razavi, Director of the Universal Social Protection Department, International Labour Organization; Ms. Peggy Hicks, Director of Thematic Engagement, Special Procedures and Right to Development Division, Office of the United Nations High Commissioner for Human Rights; and H.E. Mr. Marcelo Eliseo Scappini Ricciardi, Vice-President of the Human Rights Council at the panel discussion on challenges and good practices to realize the right to social security and to provide quality public services, 8 March. Photo: UN WEBTV
4. Annual interactive debate on the rights of persons with disabilities on the theme, ‘Good practices of support systems enabling community inclusion of persons with disabilities’ (11 March – concept note, video).
- In her opening remarks, Ms. Nada Al-Nashif, the UN Deputy High Commissioner for Human Rights noted that despite many efforts, persons with disabilities are still too often left behind in societies and economies and highlighted the need for urgent action to integrate disability rights in care and support economy debates and policies. The Deputy High Commissioner stressed the need for the promotion of a human rights economy with care and support systems at the core and emphasised on transformation of traditional care models, development of coordination mechanisms between governments and care and support systems, placing the rights of persons with disabilities at the centre of decision-making processes and other key policy areas.
- The panelists including Ms. Fatma Wangare Haji (Regional Coordinator for Inclusion Africa), Ms. Jimena Luna Benavides (Founder and Executive Director at Independent Living Foundation Chile) and Ms. Prudence Mooney (Acting Assistant Secretary of the Care and Support Economy Taskforce at the Department of the Prime Minister and Cabinet Australia) noted the exclusion faced by persons with disabilities and challenges to the effective enjoyment of their rights and advocated for human rights based care and support systems; proposed actions including policy reforms, inclusive social protection systems, enforcement of legal protections and safeguards, participation of persons with disabilities in decision-making, good practices and success stories, amongst other aspects.
H.E. Ms. Nada Al-Nashif, the UN Deputy High Commissioner for Human Rights and H.E. Ms. Heidi Schroderus-Fox, Vice-President of the Human Rights Council at the annual interactive debate on the rights of persons with disabilities, 11 March. Photo: UN WEBTV
5. Annual full-day meeting on the rights of the child on the themes: (1) ‘Rights of the child and inclusive social protection’; and (2) ‘Child rights mainstreaming in the United Nations’ (14 March – concept note, video part I and part II).
Part I
- In her opening remarks, Ms. Nada Al-Nashif, the UN Deputy High Commissioner for Human Rights noted that inclusive social protection is essential to ensuring respect, protection and fulfilment of children’s rights and supports progress towards the 2030 Agenda for Sustainable Development. However, the Deputy High Commissioner also lamented that it remains a distant reality and the absence of social protection affects children’s enjoyment of human rights including the rights to life, education, health, an adequate standard of living, and play. The Deputy High Commissioner outlined the various barriers for children’s access to inclusive social protection and highlighted the disproportionate effect on certain groups of children including children with disabilities and refugee, asylum-seeking and migrant children amongst others and the need for a child-rights based approach to social protection to consider additional and intersecting barriers. The Deputy High Commissioner also discussed positive models and good practices.
- Child panelists including child rights advocates Marie-Reine (Togo) and Sheyla (Peru) shared personal experiences and offered recommendations for child-rights-based inclusive social protection. Other panelists including Dr. Anshu Banerjee (Director for the Department of Maternal, Newborn, Child and Adolescent Health and Ageing at World Health Organization) and Ms. Pamela Dale (Regional Advisory Social Policy for Europe and Central Asia of the United Nations Children’s Fund) while acknowledging the critical role of social protection as an enabler of children’s rights addressed the various challenges and barriers for ensuring social protection for children as well as the integral aspects of social protection such as universal health coverage and poverty reduction, and offered recommendations including reforms of public service structures and enhancing their delivery, inclusion and participation of children in decision-making surrounding social protection, and ensuring adequate financing of social protection.
Ms. Pamela Dale, Regional Advisor for Social Policy and Economic Analysis for the Regional Office for Europe and Central Asia of the United Nations Children’s Fund, Marie-Reine (Togo) and Sheyla (Peru), child rights advocates at the annual full-day meeting on the rights of the child on the theme ‘rights of the child ad inclusive social protection’, 14 March. Photo: UN WEBTV
Part II
- In his opening remarks, the UN High Commissioner for Human Rights, H.E. Mr. Volker Türk noted a decline worldwide in the respect for children’s rights including in conflicts and situations of poverty and hunger amongst other challenges. The High Commissioner outlined the efforts of the UN system and his Office with regards to ensuring child-rights based approaches in the work of the UN including initiatives such as the Guidance Note of the Secretary-General on Child Rights Mainstreaming which highlight the need for participation and inclusion of children in decision-making processes and the Children’s Vision for Human Rights.
- The panelists including Ms. Ann Marie Skelton (Chair of the Committee on the Rights of the Child), Ms. Pernille Fenger (Director of the UN Population Fund Representation Office in Geneva) and Ms. Shaheen Sardar Ali (Member of the Independent International Fact-Finding Mission on the Islamic Republic of Iran) stressed the importance of children’s participation and inclusion as stakeholders in discussions surrounding their rights and ensuring diversity in these processes, highlighted other aspects of children’s rights mainstreaming including adoption of a child-rights-approach across the UN system and other siloes, called for predictable and sustained investments and resource mobilisation including funding for capacity building and training and creation of networks, and outlined various good practices in the operations of the UN including bodies such as the Child Rights Committee, the UNFPA and Human Rights Council-mandated investigative mechanisms and beyond. Additionally the child panelist Vasile (child rights advocate from the Republic of Moldova) shared personal experiences as a child human rights defender and advocate for LGBTQI+ rights, for sexual education in school and women’s rights offered recommendations for child rights mainstreaming within the UN system based on and informed by previous engagement with the human rights mechanisms.
Vasile, child rights advocate from the Republic of Moldova and Ms. Shaheen Sardar Ali (Member of the Independent International Fact-Finding Mission on the Islamic Republic of Iran at the annual full-day meeting on the rights of the child on the theme ‘child rights mainstreaming in the United Nations’, 14 March. Photo: UN WEBTV.
6. Commemoration of the International Day for the Elimination of Racial Discrimination on the theme ‘A decade of recognition, justice and development: implementation of the International Decade for People of African Descent’ (27 March – concept note, video).
- In her opening remarks, Ms. Nada Al-Nashif, the UN Deputy High Commissioner for Human Rights at the outset noted that progress has fallen short of expectations ten years since the International Decade for People of African Descent in light of persisting racial discrimination. The Deputy High Commissioner particularly highlighted the role and importance of disaggregated data in guiding the formulation of policies and actions to prevent, combat and eradicate racism, racial discrimination, xenophobia and related intolerance and that ‘breaking the statistical silence’ due to unavailability of disaggregated data remains a key challenge. The Deputy High Commissioner urged adoption of comprehensive anti-discrimination laws, education and awareness raising, the effective integration of the detrimental effects of racism on mental health of people of African descent into policy measures on the right to health, and urged the utilisation of international roadmaps for action in all these aspects and the need for collaborative efforts with international and regional bodies.
- The panelists including Ms. Barbara G. Reynolds (Chair of the Working Group of Experts on People of African Descent), Ms. Isabelle Mamadou (Regional Coordinator for the Movement for Peace, Valencia), Ms June Soomer (Chair-designate of the Permanent Forum on People of African Descent) and Ms. Mame-Fatou Niang (Associate Professor of French and Francophone Studies, and Director-Founder of the Center for Black European Studies and the Atlantic at Carnegie Mellon University) reflected on the significance of the International Decade for People of African Descent and the progress at the end of it, and noted that despite progress many challenges remain in implementation in light of continuing structural and systemic racism and racial discrimination faced by people of African descent. The panelists addressed issues such as lack of participation and inclusion in decision-making processes, worsening situations in terms of development metrics and access to justice, and retrogression in action to combat racism and racial discrimination including decreasing investment in diversity, inclusion and equality policies and programmes, amongst others. The panelists stressed the need for tackling root causes of racism and racial discrimination including ensuring reparatory and social and economic justice and called for concerted efforts for action.
Ms. Barbara G. Reynolds, Chair of the Working Group of Experts on People of African Descent at the commemoration of the International Day for the Elimination of Racial Discrimination, 27 March. Photo: UN WEBTV.
Commissions of Inquiry, Fact-Finding Missions and Independent investigations
1. Enhanced ID with the Commission of Human Rights in South Sudan
On 1 March 2024, the Commission on Human Rights in South Sudan, composed of Yasmin Sooka (Chair), Andrew Clapman, and Barney Afako, delivered an oral update to the Council, followed by an interactive dialogue with States and NGOs on the country’s human rights situation.
Mr. Barney Afako began by thanking the government of South Sudan for its cooperation with the Commission, including its facilitation of the Commission’s visit in February 2024. Mr. Afako stated that while South Sudan is coming to the end of a political transition – a new constitution and elections are due by December 2024-, much remains to be done, notably that entrenched impunity remains, fuelling armed conflict, repression, corruption, and human rights violations.
Mr. Afako highlighted that while the Commission named senior officials responsible for serious crimes nearly one year ago, all of them remain in their positions. Further, political conflict persists in the country, with groups outside the peace agreement committing abuses, political and military elites stoking communal violence, and armed cattle keepers encroaching upon and grabbing the land of farmers, also inflicting sexual violence on and mass abductions of women and children.
According to Mr. Afako, impunity and lack of justice, accountability and protection institutions are the root causes of violations, which include targeted killings, repression, torture and sexual violence against women and girls. These violations are further compounded by corruption and the plunder of natural resources. Further, nearly one third of South Sudanese are either refugees or internally displaced, and the media and civil society are repressed and intimidated, with pervasive censorship, arbitrary bureaucratic restrictions and threats of violence inducing self-censorship and undermining free expression, association, debate, and democratic processes.
Mr. Afako concluded by highlighting that the Commission’s recommendations focus on the root causes of violence, including impunity, noting that transitional justice, rule of law and other structural issues remain unimplemented by the 2018 Revitalized Agreement. Mr. Afako stated that the South Sudanese are exhausted and desperate for peace, and called for unity and peace.
South Sudan, as the country concerned, argued that South Sudan has made progress on the 2018 implementation of the agreement, and has also been working to end sexual and gender-based violence. Regarding the Commission’s report, the government of South Sudan argued that it never took into consideration the government’s efforts to implement the 2018 agreement, and that it contains unverified reports of events. South Sudan argued that the Commission has exceeded its original mandate and highlighted that South Sudan is seeking an improved relationship with the international community.
Mr. Carlos Castresana Fernández and Mr. Barney Afako, Enhanced Interactive Dialogue on report of Commission of Human Rights in South Sudan, 1 March 2024. Photo: UN Web TV
2. ID with the Commission of Inquiry on Ukraine
On 18 March 2024, 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.
Mr. Erik Møse stated that the Russian Federation’s full-scale invasion of Ukraine has resulted in thousands of casualties, damage, destruction, unbearable suffering, and hardships for the civilian population, with more than 10,000 civilians killed and 20,000 more injured. Mr. Møse highlighted how the Commission has focused on patterns of violations, and has traveled to Ukraine 26 times.
According to Mr. Møse, Russian armed forces continue to commit unlawful attacks with explosive weapons in populated areas, causing the largest number of civilian casualties, in addition to large-scale damage and destruction. Further, Russian authorities have committed a number of war crimes, including willful killing, torture, rape, sexual, violence, and the unlawful transfer of children.
Highlighting the Commission’s latest report, Mr. Møse stated that it focused on three areas: the siege of Mariupol; treatment of Ukrainian prisoners of war; and violations of cultural property. He detailed the devastating impact of the siege of Mariupol on civilians and cases of torture of Ukrainian prisoners.
In closing, Mr. Møse reiterated the Commission’s deep concern at the scale, spread and gravity of the violations and crimes it has documented in the context of the Russian Federation’s invasion of Ukraine, demonstrating a number of violations of international humanitarian and human rights law, and war crimes, some of which may qualify as crimes against humanity. Mr. Møse emphasised the importance of investigating all violations and of holding perpetrators accountable.
Ukraine, as a country concerned, commended the Commission for its efforts in investigating the Russian Federation’s invasion of Ukraine. The representative of Ukraine stated that a wide range of crimes have been committed against Ukrainians since the Russian Federation’s invasion began more than two years ago. She highlighted the need for concerted international efforts to address and rectify the injustices committed against Ukraine, and ensure accountability.
The Russian Federation, as a country concerned, did not take the floor.
Mr. Pablo de Greiff, Ms. Vrinda Grover and Mr. Erik Møse, Interactive Dialogue with the Commission of Inquiry on Ukraine, 19 March 2024. Photo: UN Web TV
3. ID with the Commission of Inquiry on Syrian Arab Republic
On 18 March 2024, 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 Pinheiro began by highlighting how Syria has become even more dangerous over the past six months, and that there has been the largest escalation in violence in four years, with hostilities on multiple fronts.
Following a deadly attack on a Syrian military academy, Syrian and Russian forces bombed opposition-held areas around Idlib, attacking schools, markets, and IDP camps, killing and injuring hundreds of civilians and displacing 120,000. Government forces further used internationally-banned cluster munitions in densely populated areas, shelled hospitals, and attacked first responders.
Civilians in Eastern Syria have also been killed, arbitrarily detained and displaced following clashes between the Syrian Democratic Forces and a coalition of tribal forces, and Da’esh is increasing its attacks, targeting civilians in attacks that may amount to war crimes. Further, since Israel’s onslaught in Gaza, there have been at least 35 attacks by Israel, some striking airports and affecting vital UN humanitarian air services.
Mr. Pinhiero detailed how one year after the major earthquake that struck the country, daily life for civilians has worsened with a deepening economic crisis and dwindling funding for aid. Three out of four people in Syria now need humanitarian aid, including food, water and medical care, but aid deliveries are at risk of non-approval by the Syrian government and hampered by sanctions.
In closing, Mr. Pinhiero asked the HRC members to not lose sight of the Syrian crisis, as its citizens face unprecedented hardship, with 16.7 requiring humanitarian assistance. Following nearly 13 years of war and the killing of more than 300,000 civilians, what is needed is an immediate ceasefire, and end to the conflict, and an inclusive path towards a just political settlement.
Syria, speaking as a country concerned, argued that the Commission has an ulterior political motive, tarnishing its reports over the years. The Commission is a mere tool at the hands of the countries using the cause of human rights as a political game. The Syrian representative also mentioned attacks against Syria by other countries, including Israel’s attacks against residential neighbourhoods. The Commission should contribute to helping the Syrian people and not undermine opportunities and constructive dialogue. The government renewed its commitment to working with the UN and other partners to improve the humanitarian situation of all Syrians, and ensure the return of all Syrian refugees.
Ms. Lynn Welchman and Mr. Paulo Sérgio Pinheiro, Interactive Dialogue with the Independent International Commission of Inquiry on the Syrian Arab Republic, 18-19 March 2024. Photo: UN Web TV
4. ID with the Group of Human Rights Experts on Nicaragua
On 29 February 2024, 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 NGOs on the situation of human rights in the country.
Jan-Michael Simon stressed that high-level State officials identified in the Group’s investigation should be held accountable by the international community, as should Nicaragua as a State, due to the fact that it targets university students, Indigenous Peoples, people of African descent, campesinos, and religious groups.
The Group’s report found that persecution of the government’s real or perceived opponents has become more refined, not only dismantling active opposition but also eliminating all critical voices and dissuading new organisation and initiative of social mobilisation. As the government has silenced critical voices, patterns of violations of the right to life, security and integrity of the person have grown less prevalent, while patterns of violations focused on incapacitating long-term opposition have increased, as Nicaragua is caught in a spiral of violence marked by the persecution of all forms of political opposition.
Angela Buitrago next highlighted how the persecution extends beyond Nicaragua’s borders, with Nicaraguans abroad facing deprivation of nationality and legal identity, and lack of access to consular support and official documentation. Such Nicaraguan citizens have been left stateless and are devoid of access to legal remedies.
Ariella Peralta highlighted the consolidation and centralisation of State powers in the hands of the president and vice president, which not only ensures impunity for perpetrators, but also undermines efforts towards accountability. She stated that the government has ensured that it has maintained an increasingly solid bubble to perpetuate itself in power and stop anyone from bursting that bubble.
The Group urged the international community to take immediate action, including the imposition of sanctions against individuals and institutions that are involved in human rights violations, as they impose a minimum form of accountability.
Nicaragua, as the country concerned, argued that such so-called expert groups on human rights have a specific agenda and aren’t interested in highlighting the reality of the country. In the view of the government, any such report lacks any credibility whatsoever, and it will not accept biassed, unilateral reports, which ignore improvements in Nicaraguan society, especially regarding vulnerable groups.
5. ID with the Fact-Finding Mission on Venezuela
On 20 March 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, 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.
Ms. Marta Valiñas highlighted that there has been a reactivation of the most violent form of repression, as the FFM has observed a repetition of the same patterns of human rights violations against real or perceived opponents of the government, including human rights defenders who criticise, denounce or protest against the government.
Ms. Valiñas also highlighted issues regarding the primary elections process, which show that there will be difficulties in ensuring that the upcoming presidential elections are conducted in accordance with the right to participate in public affairs. Since the end of 2023, there have also been a series of arrests of real or perceived opponents of the government.
Ms. Valiñas argued that events over recent months highlight that government attacks are occurring in an increasingly fragile civic and democratic space. The Mission has found indications that State security forces continue committing serious violations of human rights, which remain unpunished. She concluded by stating that the FFM will continue to conduct its investigations independently and rigorously, and will present a report in September.
Venezuela, as the country concerned, highlighted that the High Commissioner was received in the country last year at the invitation of the government, and could see the reality of the country. The government repudiates the unfounded and unverified observations in the oral update. We cannot speak about the human rights situation in Venezuela without discussing the negative impact of unilateral coercive measures on the Venezuelan population. Venezuela repudiates the politicisation and double standards used against Venezuela and the countries of the Global South, and reiterated its willingness to cooperate with a universal UN system based on genuine dialogue and cooperation.
Mr. Francisco Cox Vial, Ms. Patricia Tappatá Valdez and Ms. Marta Valiñas, Interactive Dialogue with the Independent International Fact-Finding Mission on Venezuela, 20 March 2024. Photo: UN Web TV
6. ID with the Fact-Finding Mission on Iran
On 18 March 2024, the Independent International Fact-Finding Mission on the Islamic Republic of Iran, composed of Sara Hossain (chair), Shaheen Sardar Ali, and Viciana Kristicevic, 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.
Ms. Hossain delivered a statement on behalf of the FFM, highlighting that the Mission has not been allowed access to the country, nor been able to work with the government. Despite challenges, the FFM has collected and preserved over 27,000 items of evidence, conducted 134 interviews with victims and witnesses, and gathered evidence and analysis from experts
Ms. Hossain highlighted that while gross violations of human rights and international crimes are being committed across the globe, the Council cannot turn away from confronting violations where victims are no longer in the spotlight, as in Iran, where repression against men and women who sought change and continue to seek justice is ongoing. She stated that the FFM found that State authorities were responsible for egregious human rights violations in connection with the protests that started on 16 September 2022, including unlawful deaths, extra-judicial executions, unnecessary and disproportionate use of force, arbitrary arrests, torture and ill-treatment, rape and sexual violence, enforced disappearances, and gender persecution. The aforementioned attacks were commuted in the context of a widespread and systematic attack against women and girls.
Concerning the FFM’s findings, Ms. Hossain detailed that the Mission concluded that after Jina Mahsa’s unlawful death and the ensuing protests, the entire State apparatus mobilised to suppress demands for basic and fundamental human rights, using unnecessary and disproportionate force against largely peaceful protests, resulting in credible figures of 551 deaths, including 49 women and 68 children. Security forces also carried out mass arbitrary arrests of protestors, with the Government of Iran itself announcing that 22,000 people were pardoned in connection with the protests, which suggests that many more were detained or charged.
Ms. Hossain further highlighted how trials were marred by systematic violations of due process, with those tried in connection with protests brought before Revolutionary Courts on vague charges in relation to protected conduct or speech. She detailed how many were denied access to counsel of their choice, to access to case files or copies of judgements, and how judges manifested clear bias against protestors. Ms. Hossain stated that at least nine young men were arbitrarily executed after hasty and flawed trials that disregarded basic due process and fair trial guarantees, with 26 death sentences being pronounced against persons in relation to the protests by January 2024.
A year and a half after the protests began, the government has not recognised or acknowledged the grievances that led to the protests, authorities have taken concerted action to conceal the truth about killings, and women and girls still confront daily discrimination in law and practice, which affects virtually all aspects of their public and private lives. Ms. Hossain concluded by stating that without holding perpetrators of violations in connection with the protests accountable, the cycle of impunity cannot be broken. She urged the government of Iran to immediately halt executions, release all arbitrarily detained, cease judicial harassment of victims and their families, and to provide for redress, truth, justice, and reparations, while ending the persecutory system of enforcement of laws.
Iran, as the country concerned, argued that the FFM was formed through a politically-charged campaign, the FFM has thus been marred by a glaring lack of impartiality. Further, sanctions against Iran have negatively affected the Iranian population. Following the death of an Iranian citizen, riots were supported by foreign countries, which resulted in the deaths of 79 law enforcement officials, injuries, and other damage.
Ms. Viviana Krsticevic, Ms. Shaheen Sardar Ali and Ms. Sara Hossain, Interactive Dialogue with the Independent International Fact-Finding Mission on the Islamic Republic of Iran, 18 March 2024. Photo: UN Web TV
Universal Periodic Review
Adoption of the UPR Working Group outcome reports
The Council adopted the UPR outcome reports of 14 States (Azerbaijan, Bangladesh, Burkina Faso, Cabo Verde, Cameroon, Canada, Colombia, Cuba, Djibouti, Germany, Russian Federation, Turkmenistan, Tuvalu, and Uzbekistan).
A total of 3,899 recommendations were made to these 14 States, out of which 2,796 were accepted in whole; 1,031 were noted; and 72 partially accepted.
General debate under item 6
Speakers highlighted the key role of the UPR mechanism in the advancement of protection and promotion of human rights through the examination and improvement of human rights situations in countries. Overall, speakers reaffirmed their commitment to the UPR process and its underlying principles including its core principles of universality and equal treatment. Speakers particularly emphasised its role in fostering meaningful and constructive dialogue with States as well as other stakeholders.
Speakers also addressed issues and challenges relating to the implementation of UPR recommendations at the national level and in this regard, called for increased engagement of relevant stakeholders including civil society and national human rights institutions (NHRIs) as well as enhanced capacity building and technical assistance to better leverage the transformative potential of the UPR mechanism. Lastly, speakers stressed the need for concerted and coordinated actions and efforts with other human rights mechanisms including Special Procedures and Treaty Bodies.
Special Procedures
Interactive Dialogues
21 Special Procedures (15 thematic, 6 country-specific) presented their annual reports or provided oral updates at HRC55 (all of which are available here). During 21 interactive dialogues (all individual), 145 States delivered 878 statements, of which 27% were from the African Group, 25% from APG, 13% from EEG, 15% from GRULAC, 19% from WEOG, and 1% from other countries (namely the State of Palestine, the Holy See and the Sovereign Order of Malta). Additionally, 19 statements were delivered by international organisations (including FAO, UNDP, UNEP, UNFPA, UN Habitat, UNICEF, UN Women, and WFP).
Appointment of new mandate-holders
14 new mandate-holders were appointed during the session to fill positions on existing mandates. On the final day of the session, the following mandate-holders were appointed:
- Astrid PUENTES RIAÑO (Mexico) was appointed as the new Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment.
- Elisa MORGERA (Italy) was appointed as the new Special Rapporteur on the promotion and protection of human rights in the context of climate change.
- Bernard DUHAIME (Canada) was appointed as the new Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence.
- Gina Paola ROMERO RODRIGUEZ (Colombia) was appointed as the new Special Rapporteur on the rights to freedom of peaceful assembly and of association.
- George KATROUGALOS (Greece) was appointed as the new Independent Expert on the promotion of a democratic and equitable international order.
- Eduardo GONZALEZ (Peru) was appointed as the new Independent Expert on the situation of human rights in Mali.
- Ojot Miru OJULU (Ethiopia) was appointed as the new member from African Group of the Expert Mechanism on the Rights of Indigenous Peoples.
- Sheryl LIGHTFOOT (Canada) was appointed as the new member from North America of the Expert Mechanism on the Rights of Indigenous Peoples.
- Uche Ewelukwa OFODILE (Nigeria) was appointed as the new member from the African Group on the Working Group on the rights of peasants and other people working in rural areas.
- Shalmali GUTTAL (India) was appointed as the new member from the Asia-Pacific Group on the Working Group on the rights of peasants and other people working in rural areas.
- Davit HAKOBYAN (Armenia) was appointed as the new member from the Eastern European Group on the Working Group on the rights of peasants and other people working in rural areas.
- Carlos DUARTE (Colombia) was appointed as the new member from the Group of Latin America and the Caribbean on the Working Group on the rights of peasants and other people working in rural areas.
- Geneviève SAVIGNY (France) was appointed as the new member from the Western European Group on the Working Group on the rights of peasants and other people working in rural areas.
- Michelle René SMALL (South Africa) was appointed as the new member from the African Group on the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination.
General Debate under Items 5 and 10
General Debate under Item 5
On the 21st of March, the Council held a general debate on agenda item five on human rights bodies and mechanisms.
Speakers underlined the vital role of the engagement of the Council’s mechanisms, particularly the Special Procedures, not only with the Council, but also with other international, regional, and national mechanisms. In that regard, speakers also pointed at the outstanding challenges undermining the interaction of mandate-holders with national authorities, including the denial of access, and raised concerns for the personal attacks suffered by some mandate-holders. Several speakers underscored the importance of impartiality, independence, and cooperation that must guide the work of the mechanisms.
One speaker noted the impact of the UN’s liquidity crisis and called for sustained funding, while another speaker added a call to all States to pay their dues to ensure the UN’s regular budget. Another speaker pointed at the importance of ensuring geographic balance in the appointment of mandate-holders, while others called on remaining States to issue standing invitations to the Special Procedures and to actively collaborate with the human rights mechanisms. Some speakers shared their own States’ positive experiences engaging with mandate-holders on the basis of their constructive recommendations. A group of States, members of the group of friends on national mechanisms on implementation, reporting, and follow-up (NMIRFs) announced their pledge to create an international network of NMIRFs and encouraged others to join, and to participate in the Glion Human Rights dialogue that will take place in Morocco in October.
In terms of thematic issues raised, speakers highlighted the importance of protecting human rights defenders and called for the release of those detained. Several speakers urged other member States to refrain from criminalising human rights defenders and to put an end to reprisals. Speakers also discussed the need to address the challenges faced by minority communities across the world, and to amplify their voices and provide them with the resources to access equal opportunities, particularly in regards to access and representation in UN fora. There was overall agreement calling for enhanced international cooperation and solidarity, particularly in the scientific and technology realms and in the context of the rapid growth of artificial intelligence.
Ms. Isha Dyfan, Chair of the Coordination Committee of Special Procedures, during the General Debate under item 5. UN Web TV
General Debate under Item 10
On the 3rd of April, the Council held the general debate under agenda item ten, on technical assistance and capacity-building.
Speakers highlighted the crucial role of technical cooperation within OHCHR’s mandate, with some commending the Office for its support to States in their efforts to promote and protect human rights. Speakers further stressed the need for this support in order to strengthen State capacities for the safeguarding, protection, and promotion of human rights and the 2030 Agenda.
Some speakers, particularly those from LDCs and SIDS, underlined the role of the LDCs/SIDS Trust Fund in enhancing and promoting the participation of these States in the Council, and pointed that the Trust Fund could serve as an example for similar initiatives in other multilateral fora. Speakers further urged Member States to contribute to the Fund, as well as to OHCHR more broadly. One speaker, intervening on behalf of CARICOM, acknowledged the establishment of a regional OHCHR office in the Bahamas as a ‘key indicator of CARICOM’s desire to scale.up engagement.’
Other speakers stressed the importance of strengthening NMIRFs as a ‘key piece’ for the enjoyment of human rights, particularly of those groups subject to systematic and structural forms of discrimination. Speakers also pointed at the international network of NMIRFs established by Morocco, Paraguay and Portugal, and thanked OHCHR for having supported the project.
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 14 (seven female and seven male) government officials at HRC55, from Antigua and Barbuda, Bangladesh, Benin, Burundi, Ethiopia, Lesotho, Maldives, Nepal, Sierra Leone, and United Republic of Tanzania, Timor Leste, Togo, Trinidad and Tobago, Uganda. A small proportion of delegates (29%) come from States that are currently members of the Council.
Adopted texts
The 55th session of the Council concluded with the adoption of 34 texts. This is 9 texts less than the number of texts (43) adopted at the 52nd session in March 2023, marking a significant decrease of 21%. Out of the 34 adopted texts:
- 22 were adopted by consensus (65%).
- 24 had Programme Budget Implications (71%).
- 18 were thematic; 14 dealt with country-specific situations; and two pertained to organisational and procedural matters. Of the country-specific texts, two resolutions address human rights situations under item 2 (i.e., annual reports of the High Commissioner, his Office, and the Secretary-General), six resolutions deal with ‘human rights situations that require the Council’s attention,’ under item 4, three resolutions relate to technical assistance and capacity building under item 10, and lastly, three resolutions pertain to item 7 specifically on the ‘human rights situation in Palestine and other occupied Arab territories.’
- There were fourteen mandate extensions (four thematic and ten country-specific) and one decision to urgently establish, for a renewable period of one year, a new group of three independent experts on the situation of human rights in Belarus, to be appointed by the President of the Human Rights Council.
Mandate renewals include thematic mandates on the human right to a clean, healthy and sustainable environment (SR); the right to privacy (SR); cultural rights (SR); and persons with albinism (IE). In terms of country-specific mandates, the 55th session of the Council concluded with the renewal of the mandates on South Sudan (Commission on Human Rights); Iran (SR and Fact-Finding Mission); Myanmar (SR); DPRK (SR); Syria (Commission of Inquiry); Ukraine (Commission of Inquiry); Haiti (independent human rights expert appointed by the High Commissioner); Mali (IE); and Belarus (SR).
Resolutions and decisions listed in order of L numbers
Analysis and conclusions
The 55th session of the Human Rights Council (HRC55), which ran from 26 February to 5 April (six weeks), was the longest in the Council’s history. Prior to the COVID-19 pandemic, the Council had always managed to conduct its annual work over three sessions totalling ten weeks (a four-week session around March, and two three-week sessions around June and September). At the time of the pandemic, the decision to extend Council sessions was justified – due to the added time pressures placed on UN bodies. However, since the end of the pandemic, instead of reverting to the previous situation, Council members, led by successive Presidencies (especially the 2022 Presidency of H.E. Ambassador Federico Villegas of Argentina), have ‘normalised’ the expansion of regular sessions. In the view of the Universal Rights Group, this was a mistake as it has taken away a de facto check and balance on the steady expansion of the Council’s work.
Some argue that the increase in Council meeting time is a necessary response to a worsening global human rights situation. Yet beyond newspaper headlines about the admittedly dire situations in places such as Ukraine and Gaza, there is little hard evidence that the global situation today is demonstrably worse than it was five, ten, or fifteen years ago. The reality is more prosaic – as the space for more debates, reports, panels, etc., grows, States and civil society will simply fill up that space, and much of that added work will have little or no impact on-the-ground.
Paradoxically, the longest session in the Council’s history came against the backdrop of an acute liquidity crisis facing the UN and – because it already receives such a low proportion of the UN’s regular budget (less than 4%) – especially its human rights pillar. In short, the Council and the wider UN human rights system, are being asked to do a lot more with a lot less.
In consequence, Council members were obliged to adopt a decision on ‘the postponement of the implementation of certain activities mandated by the Human Rights Council, that cannot be implemented in 2024 due to the liquidity crisis.’ With the decision, the Council decided to postpone or merge various intersessional seminars, interactive dialogues, reports, and other actions on a range of thematic (e.g., the rights of indigenous peoples, NMIRFs, social protection, democracy, international cooperation, capacity-building) and country (e.g., the situation of the Rohingya) issues.
OHCHR faced an unenviable task in advising the Council President on these cuts, and overall proposed a wise course: the postponed activities will not make a huge difference to the Council’s effectiveness and impact.
In addition to the above cuts (as covered by the Council’s decision), thematic Special Procedures mandate-holders have also been asked to reduce the number of country missions each year from two to one. Of all the painful – yet necessary – efficiency decisions taken over recent weeks, this one raises the most questions, as Special Procedures country missions are one of the few tools at the Council’s disposal through which it can project real and tangible influence on-the-ground in UN member States.
All of this underlines the importance, at the Council, of making urgent progress with rationalising the body’s work and strengthening efficiency. Although the number of texts adopted at HRC55 (34) was significantly less than one year ago (43 texts) (and slightly less than the 2022 March session – 35), it nevertheless remains the case that the Council’s agenda and programme of work are stretched too thin, and that this is having a detrimental effect on its output. Linked with this point, too much of the Council’s time and resources are taken up with general thematic debate, and not enough with promoting and recognising implementation and impact at national level.
It is therefore very welcome that the Council President has appointed two co-facilitators (the Ambassadors of Indonesia and Switzerland) to look at ‘the rationalisation of initiatives and activities created through Council decisions.’ It is important that the co-facilitators learn lessons from other similar efficiency drives attempted over recent years, and instead focus on convincing the main sponsors of initiatives (covering resolutions, panels, intersessional meetings, and thematic Special Procedures mandates) to explore merging those that are duplicative or heavily overlapping.
Religion: a pyrrhic victory for the EU?
There was much focus (and a good deal of rumour) in advance of HRC55 on the Council’s ‘twin’ resolutions on freedom of religion or belief (led by the EU) and combatting religious intolerance (led by the OIC). In particular, there was considerable ‘chatter’ around whether, and how, the OIC would follow-up on the group’s success in securing the adoption of a resolution, following an urgent debate, during HRC53 on ‘countering religious hatred constituting incitement to discrimination, hostility or violence,’ by ‘re-opening’ its annual resolution and adding stronger wording or new actions on incitement to religious hatred – an issue of high political sensitivity in Western capitals.
For years, the EU’s and OIC’s respective resolutions have existing in a kind of uneasy balance – with both ‘sides’ tacitly agreeing not to make significant changes to the texts and thereby risking ‘consensus’ (even if it makes little logical sense to adopt the same texts year-on-year without reflecting changes or developments in the ‘real world.’)
In the end, disagreements in the OIC over whether and to what extent to bring changes to their draft, together with a frustration that the EU was not willing to meaningfully engage on the substance of the matter (and thus avoid a vote should changes be brought), meant that, for the first time since 2011 (when the original ‘resolution 16/18 was adopted), the group did not table a text for adoption. (There was, however, an important panel debate on the issue of incitement to religious hatred at HRC55 – see above).
As a result, only the EU’s resolution on freedom of religion or belief was adopted at HRC55 – by consensus (the EU did not bring any significant changes to their draft).
Presenting its text on behalf of the EU, Belgium’s Ambassador conceded that ‘bearing in mind the close relationship between this resolution and the resolution on combating religious intolerance, traditionally presented by the OIC, we had hoped that the OIC would present its resolution in this session. Both resolutions have been running in parallel for many years. The consensus found in 2011 has allowed the Council to speak with one voice on the need to promote and protect the right to freedom of religion or belief, as well as on the need to combat religious intolerance. Both resolutions have become the backbone for international efforts to foster a global dialogue for promoting a culture of tolerance and peace at all levels, based on respect for human rights and diversity of religion and belief. We remain hopeful that the international community will continue to speak with one voice; joining forces and retaining the delicate balance between these two resolutions is the best way forward.’
Belgium’s Permanent Representative also expressed the EU’s willingness to help ‘revitalise existing processes such as the Istanbul Process,’ and ‘continue to work on the basis of the Rabat Plan of Action,’ – ‘essential tools designed to help States tackle religious intolerance in a human rights compliant manner.’
These conciliatory words perhaps bely a concern inside the EU (and other Western States) that the OIC will table its ‘16/18’ text at a future session of the Council instead (especially as the decision of OIC States to join consensus on the FORB resolution may be seen to increase the pressure on the EU to reciprocate).
Notwithstanding those concerns, if the OIC does table at an upcoming session, and proposes changes to the text, it will be important for the EU to engage on the substance of the issue. After decades of discussion, the question of where the threshold lies between legitimate free expression and incitement to religious (or racial/other) hatred remains unresolved, and thus a reasonable (and important) matter for debate. Indeed, different Western States themselves take different approaches to the matter. Just because States disagree on a given subject (whether that be incitement to hatred or, say, sexual and reproductive health and rights) does not mean that it should not be discussed – on the contrary.
A related point is also important: the EU (and the West more broadly) does not only have ‘defensive interests’ in this area. Global religious hatred constituting incitement to discrimination, hostility or violence is not limited to a few cases of Quran burnings in European cities. Rather, there are many other examples of religious hatred happening elsewhere, including in OIC member States. As Belgium’s Ambassador rightly pointed out, ‘around the world, individuals continue to be discriminated and, in some cases even prosecuted and killed, because of their religion or belief or the lack thereof.’
Child rights: amendments once again
HRC55 also saw, once again, disagreements over the content of the GRULAC-EU resolution on the rights of the child, especially over the relative weight that should be placed on the role of parents and the family (and, in that regard, the provisions of article 5 of the Convention of the Rights of the Child – CRC). The fact that each year there are now amendments proposed on a matter – the rights of children – that all States should normally agree on, is indicative of the extent of polarisation in the Council, and also of the broad inability of States to engage in meaningful dialogue – meaning not only hearing what others say, but listening, and trying to understand each other’s positions (especially from a cultural or religious perspective)
In total, seven amendments (out of eight amendments tabled in total at the session) were tabled, one by Bahrain, Egypt, Nigeria, and Pakistan, and six by Russia. Of these, one was not considered by the Council, two were withdrawn, and four were rejected by vote.
As noted above, many of these focused on the role of parents/family in providing ‘appropriate direction and guidance in the exercise by the child of the rights recognised in the [CRC].’ For example, amendment L.18 put forward by Bahrain, Egypt, Nigeria and Pakistan, and then withdrawn, attempted to expand the scope of social protection systems to emphasise family-oriented approaches alongside the original focus on disability inclusion and child rights compliance; while L.41 tabled by Russia (and eventually rejected by a vote 15-7-24) aimed to add a new paragraph strengthening reference to article 5 of the CRC.
Other Russian amendments focused on weakening language on disability rights and on sexual and reproductive health and rights, and were rightfully rejected.
In the end, the unamended resolution was adopted by consensus.
In addition to FORB/religious intolerance, and children’s rights, HRC55 also once again saw disagreements and votes regarding the Non-Aligned Movement’s regular resolution on ‘unilateral coercive measures,’ and Cuba’s resolution on ‘foreign debt.’ While divisions over the highly political question of sanctions are to be expected (yet even here maybe there is some common ground?), it remains disappointing that States cannot agree to speak with one voice on the question of foreign debt, and its significant negative implications for the enjoyment of human rights, especially in the world’s poorest countries. Of Western members of the Council, only Luxembourg and Belgium did not vote against the resolution (both abstained), suggesting the Western Group is still struggling to build bridges with the global South.
In the end, both resolutions were adopted by vote (32-1-14, 31-4-12).
Finally in terms of thematic resolutions, HRC55 saw the adoption of two new resolutions, one led by Finland, Australia, Chile, and South Africa on the human rights of intersex persons (adopted by vote (24-23-0); and one led by Gambia, Lesotho, Chile, Mozambique, South Sudan, Cote d’Ivoire, Kazakhstan, and Botswana, and ‘human rights and a culture of peace’ (adopted by consensus).
Gaza / the Occupied Palestinian Territories
There was, unsurprisingly, a significant focus at HRC55 on the situation in Gaza, and in the Occupied Palestinian Territories (OPT) more broadly. More surprisingly, this focus did not include an urgent debate, meaning the Council has failed to hold any special session or urgent debate on the situation since the conflict began in October last year. There was, however, a dialogue with the Special Rapporteur on human rights in the OPT, following the presentation of her hard-hitting report, which found reasonable grounds to believe that the threshold of genocide has been met by Israel, detailing, in particular, the presence of genocidal intent in statements and remarks made by Israeli officials.
At the end of HRC55, four resolutions on the situation in the OPT were adopted, all (disappointingly) by vote. One, on accountability and justice, tabled under item 2, calls upon Israel to fully abide by the ICJ provisional measures issued in January, calls upon all States to cease arms transfers to Israel (recalling the ICJ’s determination of plausible genocide), and requests the COI on the OPT to report on the direct and indirect transfer and sales of arms to Israel. Tragically (for rights-holders and victims in Gaza, as well as in the West Bank), a vote was called on the text (even though it was tabled under item 2 instead of item 7), and six States voted against (Argentina, Bulgaria, Germany, Malawi, Paraguay, US), leaving some States (e.g., Germany and US) open to accusations of hypocrisy and double standards. Importantly (and positively), however, other Western States (Belgium, Finland, Luxembourg) voted in favour of the text, which was eventually adopted with 28-13-6.
The three other texts were tabled under item 7 and (with the exception of one on the Syrian Golan), while all voted, actually saw better vote results than the text tabled under item 2. The resolution condemning ongoing Israeli settlement activity was adopted by 36-8-3 (Malawi, Paraguay, and US voted against – Germany abstained), while the text on Palestinians’ right to self-determination was adopted by 42-3-2 (Paraguay and US voted against – Germany this time voted in favour).
The fact that these and other Council members cannot bring themselves to vote in favour (or better still, join consensus) on resolutions condemning human rights violations as egregious as those linked with Israeli settlement building, or asserting the right of the Palestinian people to self-determination, is a sad indictment of both them and the Council as a whole.
Other country situations
HRC55 once again saw two different resolutions adopted on the situation in South Sudan (again, with negative implications for the Council’s credibility). One renewing the mandate of the Commission on Human Rights in South Sudan, adopted by vote (21-18-8) under item 2 (a good result for the main sponsors); and one on capacity-building in the country adopted by consensus (again, a positive step).
The Council also established a new mechanism (made up of three independent experts) on the situation in Belarus (adopted by a vote of 24-17-6), and adopted a resolution renewing the mandate of the COI on Russia’s aggression against Ukraine.
Featured picture: H.E. Mr. Omar Zniber, President of the 18th cycle of the Human Rights Council, greeting António Guterres, United Nations Secretary-General, before the opening of the Human Rights Council 55th Session, Palais des Nations, Geneva, Switzerland – 26 Feb 2024. UN Photo / Elma Okic
Share this Post
