HRC57: Civil society presents key takeaways from the session

States continue to fail to meet their obligations under international law to put an end to decades of Israeli crimes committed against the Palestinian people, including the genocide in Gaza, and most recently Israel’s war on Lebanon. States that continue to provide military, economic and political support to Israel, while suppressing fundamental freedoms such as expression and assembly, as well as attacking independent courts and experts, and defunding humanitarian aid (UNRWA), are complicit in the commission of crimes. We urge the Council to address the root causes of the situation as identified by experts and the ICJ, including settler-colonialism and apartheid, and to address the obligations of third States in the context of the ICJ’s provisional measures stressing the plausible risk of genocide in Gaza and the ICJ advisory opinion recognising that ‘Israel’s legislation and measures constitute a breach of Article 3 of CERD’ pertaining to racial segregation and apartheid. The General Assembly adopted the resolution titled “The Crime of Genocide” in December 1946, which articulates that the denial of existence of entire human groups shocks the conscience of mankind. We remind you of our collective duty and moral responsibility to stop genocide.

States have an obligation to pay UN membership dues in full and in time. The failure of many States to do so, often for politically motivated reasons, is causing a financial liquidity crisis, meaning that resolutions and mandates of the Human Rights Council cannot be implemented. Pay your dues! The visa denials to civil society by host countries is a recurring obstacle to accessing the UN; and acts of intimidation and reprisals are fundamental attacks against the UN system itself. The right to access and communicate with international bodies is firmly grounded in international law and pivotal to the advancement of human rights. In this regard, we welcome the action taken by 11 States to call for investigation and accountability for reprisals against individually named human rights defenders. This sends an important message of solidarity to defenders, many of whom are arbitrarily detained for contributing to the work of the UN, as well as increasing the political costs for perpetrators of such acts. We welcome progress in Indigenous Peoples’ participation in the work of this Council as it is the first time that they could register on their own for specific dialogues.

We welcome the adoption of the resolution that renews the mandate of the Special Rapporteur on the promotion and protection of human rights in the context of climate change by consensus. 

We also welcome the adoption of the resolution on biodiversity sending a clear call to take more ambitious commitments at the sixteenth meeting of the Conference of the Parties to the Convention on Biological Diversity  and acknowledging the negative impact that the loss of biodiversity can have on the enjoyment of all human rights, including the right to a clean, healthy and sustainable environment. We welcome that these two resolutions recognize the critical and positive role that Environmental Human Right Defenders play. We also welcome the adoption by consensus of the resolutions on the rights on safe drinking water and sanitation; and the resolution on human rights and Indigenous Peoples. 

We welcome the adoption of the resolution on equal participation in political and public affairs which for the first time includes language on children and recognises their right to participation as well as the transformative role of civic education in supporting their participation. We also welcome the recognition that hate speech has a restrictive effect on children’s full, meaningful, inclusive and safe participation in political and public affairs.

We welcome the adoption of the resolution from rhetoric to reality: a global call for concrete action against racism, racial discrimination, xenophobia and related intolerance. The resolution contains important language on the implementation of the Durban Declaration and Programme of Action as well as the proclamation by the General Assembly of a second International Decade for People of African Descent commencing in 2025. We welcome the inclusion of a call to States to dispense reparatory justice, including finding ways to remedy historical racial injustices. This involves ensuring that the structures in society that perpetuate past injustices are transformed, including law enforcement and the administration of justice. 

We welcome the adoption of a new resolution on human rights on the internet, which recognises that universal and meaningful connectivity is essential for the enjoyment of human rights. The resolution takes a progressive step forward in specifically recommending diverse and human right-based technological solutions to advance connectivity, including through governments creating an enabling and inclusive regulatory environment for small, non-profit and community internet operators. These solutions are particularly essential in ensuring connectivity for remote or rural communities. The resolution also  unequivocally condemns internet shutdowns, online censorship, surveillance, and other measures that impede universal and meaningful connectivity. We now call on all Sates to fully implement the commitments in the resolution and ensure the same rights that people have offline are also protected online. 

Whilst we welcome the attention in the resolution on the human rights of migrants to dehumanising, harmful and racist narratives about migration, we are disappointed that the resolution falls short of the calls from civil society, supported by the Special Rapporteur on Human Rights of Migrants, for the Human Rights Council to set up an independent and international monitoring mechanism to address deaths, torture and other grave human rights violations at borders. Such a mechanism would not only support prevention and accountability – it would provide a platform for the people at the heart of these human rights violations and abuses to be heard. The study and intersessional mandated in this resolution must be used to enhance independent monitoring and increase access to justice.

We welcome the adoption of the resolution on Afghanistan renewing and strengthening the mandate of the Special Rapporteur. Crucially, the resolution recognises the need to ensure accountability in Afghanistan through “comprehensive, multidimensional, gender-responsive and victim-centred” processes applying a “comprehensive approach to transitional justice.” However, we are disappointed that the resolution once again failed to establish an independent accountability mechanism that can undertake comprehensive investigations and collect and preserve evidence and information of violations and abuses in line with these principles to assist future and ongoing accountability processes. This not only represents a failure by the Council to respond to the demands of many Afghan and international civil society organisations, but also a failure to fulfil its own mandate to ensure prompt, independent and impartial investigations which this and all previous resolutions have recognised as urgent.

We welcome the renewal of the Special Rapporteur on Burundi. 

We welcome the renewal of the Special Rapporteur’s mandate on the human rights situation in the Russian Federation. The human rights situation in Russia continues to deteriorate, with the alarming expansion of anti-extremism legislation now also targeting LGBT+ and Indigenous organisations being just the latest example of this trend. The Special Rapporteur has highlighted how such repression against civil society within Russia over many years has facilitated its external aggression. The mandate itself remains a vital lifeline for Russian civil society, connecting it with the Human Rights Council and the broader international community, despite the Russian authorities’ efforts to isolate their people.

We welcome the resolution on promoting reconciliation, accountability and human rights in Sri Lanka renewing for one year the mandate of the OHCHR Sri Lanka Accountability Project and of the High Commissioner to monitor and report on the situation. Its consensual adoption represents the broad recognition by the Council of the crucial need for continued international action to promote accountability and reconciliation in Sri Lanka and keeps the hopes of tens of thousands of victims, their families and survivors who, more than 15 years after the end of the war, continue to wait for justice and accountability. However, the resolution falls short in adequately responding to the calls by civil society. It fails to extend these mandates for two years which would have ensured that the Sri Lanka Accountability Project has the resources, capacity and stability to fulfill its mandate. 

We welcome the renewal of the Fact Fin­ding Mission on Sudan with broader support (23 votes in favor in comparison to 19 votes last year, and 12 votes against in comparison to 16 votes last year). This responds to the calls by 80 Sudanese, African, and other international NGOs for an extension of the man­date of the FFM for Sudan. We further reiterate our urgent calls for an immediate ceasefire and the prompt creation of safe corridors for humanitarian aid organisations and groups, and to guarantee the safety of their operations, as well as our call on the UN Security Council to extend the arms embargo on Darfur to all of Sudan and create effective monitoring and reporting mechanisms to ensure the implementation of the embargo. 

We welcome the renewal of the mandates of the Fact-Finding Mission on Venezuela (FFM) and of OHCHR for two more years. The deepening repression at the hands of government forces following the fraudulent Presidential elections in July has made evident the vital importance of continued independent documenting, monitoring and reporting by the FFM and its role in early warning of further human rights deterioration. We are pleased that OHCHR is mandated to provide an oral update (with an ID) at the end of this year. This will be key ahead of the end of the term of the current presidency on 10 January 2025. This resolution is an important recognition of and contribution to the demands of victims and civil society for accountability.  

We regret that the Council failed to take action on Bangladesh. We welcome Bangladesh’s cooperation with the Office of the High Commissioner for Human Rights including by inviting the Office to undertake investigations into allegations of serious violations and abuses in the context of youth-led protests in July and August, as well as positive steps by the interim government. However, we believe that a Council mandate would provide much needed support, stability and legitimacy to these positive initiatives at a time of serious political uncertainty in the country.

The Council’s persistent inaction and indifference in the face of Yemen’s escalating human rights crisis is deeply troubling. Since the dissolution of the Group of Eminent Experts, and despite years of mounting atrocities, we have yet to see the type of robust, independent international investigation that is desperately needed. Instead, the Council’s approach has been marked by half-measures and complacency, allowing widespread violations to continue unchecked. Despite the precarious humanitarian situation, the recent campaign of enforced disappearances and arbitrary detention by the de facto Houthi authorities and recent Israeli bombardments, Yemen has increasingly become a forgotten crisis. The current resolution on Yemen represents this failure. Technical assistance without reporting or discussion is an insufficient response. The decision to forgo an interactive dialogue on implementing this assistance is an oversight, undermining the principles of accountability and transparency. We welcome the inclusion of language in the resolution recognizing the vital role of NGO workers and humanitarian staff who the Houthis have arbitrarily detained. We call for the immediate and unconditional release of those who continue to be detained for nothing more than attempting to ensure the rule of law is respected and victims are protected. We urge this Council to act decisively, prioritize the creation of an independent international accountability mechanism, and place civilian protection at the forefront of its deliberations on Yemen. 

We continue to deplore this Council’s exceptionalism towards serious human rights violations in China committed by the government. On 17 August, the OHCHR stressed that ‘many problematic laws and policies’ documented in its Xinjiang report remain in place, that abuses remain to be investigated, and that reprisals and lack of information hinder human rights monitoring. We welcome the statement by the Xinjiang Core Group on the second anniversary of the OHCHR’s Xinjiang report, regretting the government’s lack of meaningful cooperation with UN bodies, the rejection of UPR recommendations, and urging China to engage meaningfully to implement the OHCHR’s recommendations, including releasing all those arbitrarily detained, clarifying the whereabouts of those disappeared, and facilitating family reunion. It is imperative that the Human Rights Council take action commensurate to the gravity of UN findings, such as by establishing a monitoring and reporting mechanism on China as repeatedly urged by over 40 UN experts since 2020. We urge China to genuinely engage with the UN human rights system to enact meaningful reform, and ensure all individuals and peoples enjoy their human rights. Recommendations from the OHCHR Xinjiang report, UN Treaty Bodies, and UN Special Procedures chart the way for this desperately needed change.

Finally, we welcome the outcome of elections to the Human Rights Council at the General Assembly. States that are responsible for atrocity crimes, the widespread repression of civil society, and patterns of reprisals are not qualified to be elected to this Council. The outcomes of the election demonstrate the importance of all regions fielding competitive slates that are comprised of appropriately qualified candidates.  

Signatories:

1. International Service for Human Rights (ISHR)
2. Asian Forum for Human Rights and Development (FORUM-ASIA)
3. CIVICUS: World Alliance for Citizen Participation 
4. FIDH 
5. Cairo Institute for Human Rights Studies
6. Gulf Centre for Human Rights