The 37th session of the UN Human Rights Council, from 26 February to 23 March 2018, will consider issues including the protection of human rights of migrants, torture and human rights defenders. It will also present an opportunity to address grave human rights situations in States including Burundi, Syria, South Sudan, Sri Lanka, Myanmar, Eritrea, the Democratic People’s Republic of Korea, Honduras, and Guatemala among many others. Here’s an overview of some of the key issues on the agenda.
The UN Human Rights Council (the Council) will hold its 37th regular session at Palais des Nations in Geneva from 26 February to 23 March 2018.
Stay up-to-date: Follow @ISHRglobal and #HRC37 on Twitter, and look out for our Human Rights Council Monitor.
Don’t miss this side event organised by ISHR:
Implementing the Declaration on Human Rights Defenders on Tuesday 20 March 2018 at 16:00 at Palais des Nations, Room XXII.
Here are some highlights of the session’s thematic discussions.
Migration-related issues will be prevalent in the first part of the Council session. This focus on the theme of migration is timely, as States are currently negotiating the Global Compact for Migration. In an open letter sent on 21 February, High Commissioner for Human Rights Zeid urged States to develop a compact that ‘explicitly recognizes and fully conforms to the existing international human rights framework as the authoritative protection agenda for all migrants’. In this regard, the attention of the Council and its Special Procedures is critical.
The Special Rapporteur on human rights defenders will present a thematic report on the situation of defenders of the rights of people on the move. The report by the Special Rapporteur Michel Forst highlights the challenges facing human rights defenders globally, which can often be exacerbated when those individuals and organisations seek to protect and promote rights of migrants and refugees and others ‘on the move’. Read here ISHR’s detailed analysis of these documents.
The report aligns well with the OHCHR Principles and Practical Guidance for the protection of the Human Rights of Migrants in Vulnerable Situations, namely Principle 18 which states that States should ‘respect and support the activities of human rights defenders who promote and protect the human rights of migrants’.
Finally, the Council will consider the report of the Special Rapporteur on Torture, whose report is expected to focus on torture and other forms of ill-treatment in the context of migration. This document will also be considered at the upcoming session of the Council.
ISHR is also cosponsoring a side event which examines how to, in the context of an increasingly restrictive environment which tends to consider migration as a security issue, stakeholders can collaborate to advance the recommendations of UN human rights experts. The event is organised by the Association for the Prevention of Torture (APT), in cooperation with International Detention Coalition and with the support of the Swiss Permanent Mission, will hold a side event on 2 March 2018 at noon till 13:30 at Room XXIII, Palais des Nations.
During its last session, the Council adopted a resolution on reprisals. The resolution established a dedicated dialogue to address acts of intimidation and reprisals at each September Council session. Through the resolution, the Council also affirmed the particular responsibilities of its Members, President and Vice-Presidents to investigate and promote accountability for reprisals and intimidation.
Reports of cases of reprisals not only continue, but grow. While the passage of this resolution, as well as the appointment of the UN Assistant Secretary General as the Senior Official on addressing Reprisals are indications of action taken by the UN on this issue; ISHR remains deeply concerned over reprisals against human rights defenders and other civil society actors who try to engage with UN mechanisms.
As requested by Council Resolution 12/2, the General Debate under Item 5 of the Council is a key moment for States and civil society to raise and follow up cases of reprisals, and to push for accountability for such acts.
During the organisational meeting held on 12 Feburary, the President of the Council again stressed the importance of ensuring the safety of those participating in the Council’s work, and the obligation of States to prevent intimidation or reprisals. It is important that the international community acts and works collectively to this end. He did not elaborate on how he intends to handle allegations of reprisals, given his immediate predecessor’s reluctance to vigorously denounce and seek accountability for such calls. In line with previous calls, ISHR expects the President to publicly identify and denounce specific instances of reprisals by issuing formal statements, conducting press-briefings, corresponding directly with the State concerned, publicly releasing such correspondence with and from States, and insist on undertakings from the State concerned to investigate, hold the perpetrators accountable and report back to the Council concerning measures taken.
At a time where human rights violations continue at an alarming rate, it is of utmost concern that the key UN human rights organ is facing budgetary cuts and is forced to reduce the time allocated to discuss human rights situations across the globe. It is of further concern that these measures are being developed without adequate consultation with civil society organisations, particularly those working at the national and regional levels, and may ultimately limit civil society space and participation in the Council.
The Council President had initiated a restructuring of the programme of work of the Council in order to decrease the meeting times due to budgetary restrictions for 2018. ISHR participated in the informal consultations held on 12 February and 19 February 2018 and raised a number of concerns including the lack of consultation with non-Geneva based organisations and the potential limiting of space for civil society participation.
ISHR considers that any efforts to strengthen the Council should focus on its accessibility for rights holders and impact on the ground, rather than mere efficiency.
Norway announced during the organisational meeting held on 12 February 2018 that it plans to present a another joint statement (co-sponsored by Switzerland, Sri Lanka and Colombia), as a follow up to the joint statement delivered on behalf of 69 States on 12 September 2017 at the Council.
The States had called for operationalising the Council’s prevention mandate under paragraph 5f of General Assembly Resolution 60/251 on two levels.
First, they identified the prevention of violations at the ‘root-cause’ level. In this regard, they called on States to commit to engage in preventing human rights violations from happening by implementing their obligations and building domestic human rights resilience including through international dialogue and technical cooperation.
Second, they highlighted the Council’s mandate to respond promptly to human rights emergencies, by translating early warning into early action. They called for the examination of information provided by the High Commissioner and civil society in an objective and non-selective manner in order to decide whether the situation merits and/or may benefit from early preventive action.
ISHR urges States to join this commitment and to take into consideration relevant and objective criteria for initiating Council action. ISHR also reiterates the call made in a joint civil society paper published on the occasion of the 10th anniversary of the Council that sets out steps towards a more accessible, effective and protective Human Rights Council.
The body working on developing a treaty on bussiness and human rights, the open-ended inter-governmental working group on transnational corporations and other business enterprises (known as IGWG), will also present its third report to the Council. ISHR is concerned about the limited protection for human rights defenders in the current elements discussed at the last session. Any process towards drafting a business and human rights treaty should effectively prevent and respond to cases of reprisals.
The Council will consider the annual report of the Secretary-General on the realisation of economic, social and cultural rights in all countries. The Special Rapporteur on the right to food, the Special Rapporteur on adequate housing and the Special Rapporteur on cultural rights will present their reports to the Council.
The High Commissioner will also present his report on the relationship between the realisation of the right to work and the implementation of the sustainable developments goals in accordance with States’ obligations under international human rights law.
The Special Rapporteur on the promotion and protection of human rights while countering terrorism, the Special Rapporteur on freedom of religion and belief, the Special Rapporteur on the right to privacy, and the Special Rapporteur on minority issues will all submit their annual reports to the Council.
During the 36th session, the Council passed two resolutions on Burundi; one led by the European Union extending the mandate of the Commission of Inquiry and a second resolution by the African Group that requested OHCHR to urgently dispatch a team of three experts to engage with the Burundian authorities and all other stakeholders to collect and preserve information, to determine the facts and circumstances in accordance with international standards and to forward to the judicial authorities of Burundi such information in order to establish the truth and ensure that the perpetrators are held accountable. Read here ISHR’s analysis of the two resolutions.
At the 37th session, the Commission of Inquiry on Burundi will present an oral briefing to the Council. ISHR recalls that the President of the Commission of Inquiry on Burundi highlighted the lack of will of the Burundian authorities to fight against impunity in his report to the Council 36th session. In addition, the High Commissioner will give an oral briefing of the Council on the mission of the OHCHR.
Furthermore, the Secretary-General’s report on Burundi noted that OHCHR continued to receive allegations of serious human rights violations and abuses, primarily by the State and affiliated actors, including killings, enforced disappearances, torture and ill-treatment, more than 1,000 arbitrary arrests and detentions and restrictions on the freedoms of association, expression and movement. Burundi’s vice president criticised the report, suggesting that the Secretary-General has been transformed into an opposition member.
ISHR continues to remain highly concerned about the human rights situation in Burundi and its refusal to cooperate with the Council’s mechanisms, which both clearly warrant an invitation to the General Assembly to consider the suspension of Burundi as a member of the Council.
For more information on the situation of human rights defenders in Burundi, check ISHR Briefing Paper for the UPR here.
The High Commissioner will present to the Council his report on producing a database of all business enterprises engaged in certain specified activities related to the Israeli settlements in the Occupied Palestinian Territory. The report shows progress made towards the consolidation of the database, including the methodology adopted by OHCHR, recalls the normative framework used, and makes a preliminary analysis of the most common explanations given by companies for their involvement in the listed activities and makes recommendations.
Since Xi Jinping’s assumption of power in 2013, the situation for human rights defenders in China has gone from bad to worse. Where there once was a little room to manoeuvre, activists are nearly completely blocked. Where once China violated its own laws, it now manipulates its laws and regulations so as to silence dissent legally. And where violations were once exclusively domestic, as well as in Xinjiang and Tibet, China is increasingly brazen in extraterritorial measures and attacks on non-citizens.
Five current cases illustrate the sense of impunity with which Chinese authorities trample on the rights of civil society actors. ISHR has discussed many of them in detail, but in short they include:
ISHR has organised a letter with nearly twenty other human rights organisations to call on the Council and its Member and Observer States to take clear and concrete actions to press China to fulfil its international human rights obligations by redressing the serious deterioration of human rights in the country.
The High Commissioner will present his annual report in the last interactive dialogue of his term. Read here ISHR and other regional and international human rights organisations’ open letter to the Secretary General on the selection process of the next High Commissioner.
The Council will hear reports on and is expected to consider resolutions addressing a range of country situations, in many instances involving the renewal of the relevant expert mandates. They include:
During this session the Council will adopt the UPR reports which list the recommendations the State under review is expected to implement of the following 14 countries: Czechia, Argentina, Gabon, Ghana, Peru, Guatemala, Benin, the Republic of Korea, Switzerland, Pakistan, Zambia, Japan, Ukraine and Sri Lanka.
ISHR supports human rights defenders in their interaction with the UPR. We publish and submit briefing papers regarding the situation facing human rights defenders in some States under review and advocate for the UPR to be used as mechanism to support and protect human rights defenders on the ground. This session of the Council will provide an opportunity for Peru to accept recommendations made in relation to human rights defenders, as proposed by ISHR’s briefing paper.
During the organisational meeting for the 37th session, the President of the Human Rights Council presented the programme of work. It includes seven panels of discussion and 81 reports. States also announced 27 resolutions.
The President of the Human Rights Council has proposed candidates for the following nine vacancies of mandate holders to be filled at this session:
In view of the pending appointments, it is relevant to recall that in appointing mandate holders, the President of the Council is required to give particular attention to the need to avoid actual or perceived conflicts of interest. Mandate holders should also be genuinely committed to the independence and effectiveness of the special procedures system, and have a demonstrated commitment to civil society engagement and participation.
Newly appointed members of the Bureau for the 12th cycle comprises of the following Ambassadors:
ISHR organised the annual reception for civil society to welcome the new Council President. You can read Mr Šuc’s opening speech to the participants here.
During each Council session, panel discussions are held to provide member States and NGOs with opportunities to hear from subject-matter experts and raise questions. All panel discussions will be broadcast live and archived on http://webtv.un.org. Seven panel discussions are scheduled for this upcoming session:
At the organisational meeting the following resolutions were announced (States sponsoring the resolution in brackets):
Implementing the Declaration on Human Rights Defenders is an event organised by ISHR that will take place on 20 March 2018 at 16:00 in Room XXII. In the month of International Women’s Day and the 20th anniversary of the Declaration on Human Rights Defenders, the event will highlight the experience of women human rights defenders and the implementation of the Declaration as well as share findings and recommendations related to a recent joint research on implementation carried out by the Colombian Commission of Jurists, the Tunisian League for Human Rights and ISHR.
Furthermore, ISHR will co-sponsor the following events:
States and NGOs are holding a series of events. You can download the list of State events here and NGO events here.
On the occasion of the Geneva human rights film festival, ISHR will support an event called Defending the Defenders which will take place on 10 March 2018 at 20:30 at the Espace Pitoëff as part of the International film festival and forum on human rights. The event is co-presented with the Swiss Federal Department of Foreign Affairs (DFAE), the European Union’s mission to the United Nations and other international organisations in Geneva, ISHR, the World Organization Against Torture (OMCT) and Lawyers Without Borders Switzerland. It marks the 20th anniversary of the Declaration on human rights defenders and will bring together defenders from Guatemala and Bahrain as well as international human rights experts.
Photo: Jean-Marc Ferré
On Tuesday 16 April 2024, ISHR delivered to both Geneva’s Administrative Council and its legislative counterpart, the Municipal Council, physical copies of the more than 1000 signatures collected in support of a memorial honouring Chinese human rights defender Cao Shunli.
The 79th Ordinary Session of the African Commission on Human and Peoples’ Rights will be held in Banjul, The Gambia, from 14 May to 3 June 2024. The session will be preceded by the NGO Forum, which will be held in hybrid format from the 11-13 May 2024.
13 April 2024 marked one year since the Chinese authorities arbitrarily detained prominent human rights lawyer Yu Wensheng and his wife, woman defender Xu Yan. As their health steadily deteriorates, 30 rights groups and the European Union have renewed their call for their prompt release.
