The Human Rights Council in a midday meeting renewed the mandate of the Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment for a period of three years, and adopted resolutions on Sri Lanka, Nicaragua, Occupied Palestinian Territory, democracy and the rule of law, unilateral coercive measures, freedom of religion or belief, and the effects of foreign debt.
In a resolution on promoting reconciliation, accountability and human rights in Sri Lanka, adopted by a vote of 22 in favour, 11 against and 14 abstentions, the Council decided to strengthen the capacity of the Office of the High Commissioner to collect, consolidate, analyse and preserve information and evidence and to develop possible strategies for future accountability processes for gross violations of human rights or serious violations of international humanitarian law in Sri Lanka to advocate for victims and survivors, and to support relevant judicial and other proceedings, including in Member States, with competent jurisdiction.
In a resolution on the promotion and protection of human rights in Nicaragua, adopted by a vote of 20 in favour, 8 against and 18 abstentions, the Council requested the High Commissioner to enhance and broaden monitoring by the Office of the High Commissioner and to continue to report on the situation of human rights in Nicaragua, including by preparing a comprehensive written report that assessed progress and challenges regarding that situation, and to present it to the Human Rights Council at its forty-ninth session, to be followed by an interactive dialogue, and to present an oral update on the situation of human rights to the Council at its forty-seventh and forty-eighth sessions.
In a resolution on the human rights situation in the Occupied Palestinian Territory, including East Jerusalem, and the obligation to ensure accountability and justice, adopted by a vote of 32 in favour, 6 against and 8 abstentions, the Council called upon Israel, the occupying Power, to comply immediately with its international law obligations to the protected occupied population, and ensure non-discriminatory access to vaccines for immunization against the coronavirus disease (COVID-19) in the Occupied Palestinian Territory, including East Jerusalem, including in coordination with the Government of the State of Palestine.
In a resolution concerning human rights, democracy and the rule of law, adopted without a vote, the Council decided that the theme of the fourth session of the Forum on Human Rights, Democracy and the Rule of Law, to be held in 2022, would be “Strengthening democracies to build back better: challenges and opportunities”. The Council further encouraged States and all stakeholders to pay particular attention to promoting the broadest possible and most equitable participation in the Forum, with due regard to geographical and gender balance, and considering the participation of youth.
In a resolution on the negative impact of unilateral coercive measures on the enjoyment of human rights, adopted by a vote of 30 in favour, 15 against and 2 abstentions, the Council urged all States to stop adopting, maintaining or implementing unilateral coercive measures not in accordance with international law, international humanitarian law, the Charter of the United Nations and the norms and principles governing peaceful relations among States, in particular those of a coercive nature with extraterritorial effects, which created obstacles to trade relations among States, thus impeding the full realization of the rights set forth in the Universal Declaration of Human Rights and other international human rights instruments, in particular the right of individuals and peoples to development.
In a resolution on the freedom of religion or belief, adopted without a vote, the Council condemned violence and acts of terrorism, which were increasing in number and targeting individuals, including persons belonging to religious minorities across the world. The Council emphasized that no religion should be equated with terrorism, as this may have adverse consequences for the enjoyment of the right to freedom of religion or belief of all members of the religious community concerned. The Council also urged Governments to cooperate fully with the Special Rapporteur and to respond favourably to the requests of the mandate holder to visit their countries, and to provide the mandate holder with all the information necessary to enable him or her to fulfil the mandate even more effectively.
In a resolution on human rights and the environment, adopted without a vote, the Council decided to renew the mandate of the Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment for a period of three years. The Council called upon States parties to intensify their efforts to advance the implementation of the Convention on Biological Diversity and to enhance their national biodiversity strategies and action plans and appealed to all States to consider adopting and implementing national measures that respected and protected the rights of those who were particularly vulnerable to the loss of healthy ecosystems and biodiversity.
In a resolution on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights, adopted by a vote of 28 in favour, 14 against and 4 abstentions, the Council recognized that developing countries required massive liquidity and financing support to deal with the immediate fallout resulting from the COVID-19 pandemic and its repercussions for the economy and for all human rights owing to the challenges faced in the areas of healthcare, education, employment and social protection systems, as well as to the heavy debt burden and deteriorating economic buffer.
The webcast of the Human Rights Council meetings can be found here. All meeting summaries can be found here. Documents and reports related to the Human Rights Council’s forty-sixth regular session can be found here.
The Council will next meet at 3 p.m. to continue taking action on draft resolutions.
Action on Resolutions under the Agenda Item on the Annual Report of the United Nations High Commissioner for Human Rights and Reports of the Office of the High Commissioner and the Secretary-General
Action on Resolution on Promoting Reconciliation, Accountability and Human Rights in Sri Lanka
In a resolution (A/HRC/46/L.1/Rev.1) on promoting reconciliation, accountability and human rights in Sri Lanka, adopted by a vote of 22 in favour, 11 against and 14 abstentions, the Council acknowledges the progress made by the Office on Missing Persons and the Office for Reparations, and stresses the importance of maintaining support for these institutions, safeguarding their independent and effective functioning, providing both offices with sufficient resources and technical means to effectively fulfil their mandates. The Council recognizes the importance of preserving and analysing evidence relating to violations and abuses of human rights and related crimes in Sri Lanka with a view to advancing accountability, and decides to strengthen in this regard the capacity of the Office of the High Commissioner to collect, consolidate, analyse and preserve information and evidence and to develop possible strategies for future accountability processes for gross violations of human rights or serious violations of international humanitarian law in Sri Lanka, to advocate for victims and survivors, and to support relevant judicial and other proceedings, including in Member States, with competent jurisdiction. The Council calls upon the Government of Sri Lanka to ensure the prompt, thorough and impartial investigation and, if warranted, prosecution of all alleged crimes relating to human rights violations and serious violations of international humanitarian law, including for long-standing emblematic cases. The Council further requests the Office of the High Commissioner to enhance its monitoring and reporting on the situation of human rights in Sri Lanka, including on progress in reconciliation and accountability, and to present an oral update to the Human Rights Council at its forty-eighth session, and a written update at its forty-ninth session and a comprehensive report that includes further options for advancing accountability at its fifty-first session, both to be discussed in the context of an interactive dialogue.
The results of the vote are as follows:
In favour (22): Argentina, Armenia, Austria, Bahamas, Brazil, Bulgaria, Côte d’Ivoire, Czech Republic, Denmark, Fiji, France, Germany, Italy, Malawi, Marshall Islands, Mexico, Netherlands, Poland, Republic of Korea, Ukraine, United Kingdom and Uruguay.
Against (11): Bangladesh, Bolivia, China, Cuba, Eritrea, Pakistan, Philippines, Russian Federation, Somalia, Uzbekistan and Venezuela.
Abstentions (14): Bahrain, Burkina Faso, Cameroon, Gabon, India, Indonesia, Japan, Libya, Mauritania, Namibia, Nepal, Senegal, Sudan and Togo.
Action on Resolution on the Promotion and Protection of Human Rights in Nicaragua
In a resolution (A/HRC/46/L.8) on the promotion and protection of human rights in Nicaragua, adopted by a vote of 20 in favour, 8 against and 18 abstentions, the Council urges the Government of Nicaragua to authorize peaceful and public demonstrations, to repeal or amend legislation that may unduly restrict the rights to the freedoms of expression and association, to privacy and to take part in the conduct of public affairs, and that may prevent victims of human rights violations from exercising their right to seek a remedy or extend the period of detention without formal charge or criminalize dissenting voices, and to authorize peaceful and public demonstrations. The Council calls upon the Government of Nicaragua to take effective measures to guarantee the independence and impartiality of the justice system and the Office of the Human Rights Advocate. The Council further urges the Government of Nicaragua to adopt a time-bound action plan to implement the recommendations made by international and regional human rights mechanisms, including those made in the reports of the High Commissioner, in consultation with civil society and victims. The Council also requests the High Commissioner to enhance and broaden monitoring by the Office of the High Commissioner and to continue to report on the situation of human rights in Nicaragua, including by preparing a comprehensive written report that assesses progress and challenges regarding that situation, and to present it to the Human Rights Council at its forty-ninth session, to be followed by an interactive dialogue, and to present an oral update on the situation of human rights to the Council at its forty-seventh and forty-eighth sessions.
The results of the vote are as follows:
In favour (20): Argentina, Austria, Bahamas, Brazil, Bulgaria, Czech Republic, Denmark, Fiji, France, Germany, Italy, Japan, Marshall Islands, Mexico, Netherlands, Poland, Republic of Korea, Ukraine, United Kingdom and Uruguay.
Against (8): Bolivia, China, Cuba, Eritrea, Philippines, Russian Federation, Somalia, and Venezuela.
Abstentions (18): Armenia, Bangladesh, Burkina Faso, Cameroon, Côte d’Ivoire, Gabon, India, Indonesia, Libya, Malawi, Mauritania, Namibia, Nepal, Pakistan, Senegal, Sudan, Togo, Uzbekistan.
Action on Resolution on the Human Rights Situation in the Occupied Palestinian Territory, including East Jerusalem, and the Obligation to Ensure Accountability and Justice
In a resolution (A/HRC/46/L.31) on the human rights situation in the Occupied Palestinian Territory, including East Jerusalem, and the obligation to ensure accountability and justice, adopted by a vote of 32 in favour, 6 against and 8 abstentions, the Council demands that Israel cease its policy of transferring prisoners from the Occupied Palestinian Territory into the territory of Israel, and respect fully its obligations under article 76 of the Fourth Geneva Convention, the Council calls upon Israel, the occupying Power, to comply immediately with its international law obligations to the protected occupied population, and ensure non-discriminatory access to vaccines for immunization against the coronavirus disease (COVID-19) in the Occupied Palestinian Territory, including East Jerusalem, including in coordination with the Government of the State of Palestine. The Council urges Member States to continue to provide emergency assistance to the Palestinian people to alleviate the financial crisis and the dire socioeconomic and humanitarian situation, particularly in the Gaza Strip. The Council further urges Israel to ensure that any arrest, detention and/or trial of Palestinian children is in line with the Convention on the Rights of the Child, including by refraining from holding criminal proceedings against them in military courts that, by definition, fall short of providing the necessary guarantees to ensure respect for their rights and that infringe upon their right to non-discrimination. The Council also emphasizes the need to ensure that all those responsible for violations of international humanitarian law and international human rights law are held to account through appropriate, fair and independent national or international criminal justice mechanisms, and to ensure the provision of effective remedy for all victims, including full reparations, and stresses the need to pursue practical steps towards these goals to ensure justice for all victims and to contribute to the prevention of future violations.
The results of the vote were as follows:
In favour (32): Argentina, Armenia, Bangladesh, Bolivia, Burkina Faso, China, Cote d’Ivoire, Cuba, Denmark, Eritrea, Fiji, France, Gabon, Germany, Indonesia, Italy, Japan, Libya, Mauritania, Mexico, Namibia, Netherlands, Pakistan, Poland, Republic of Korea, Russian Federation, Senegal, Somalia, Sudan, Uruguay, Uzbekistan and Venezuela.
Against (6): Austria, Brazil, Bulgaria, Cameroon, Malawi and Togo.
Abstentions (8): Bahamas, Czech Republic, India, Marshall Islands, Nepal, Philippines, Ukraine and United Kingdom.
Action on Resolutions under the Agenda Item on the Promotion and Protection of All Human Rights, Civil, Political, Economic, Social and Cultural Rights, including the Right to Development
Action on Resolution on Human Rights, Democracy and the Rule of Law
In a resolution (A/HRC/46/L.2) on human rights, democracy and the rule of law, adopted without a vote, the Council notes the rescheduling, to November 2021, of the third session of the Forum on Human Rights, Democracy and the Rule of Law with the theme, “Equal access to justice for all: a necessary element of democracy, rule of law and human rights protection”, owing to the restrictions imposed due to the COVID-19 pandemic; encourages States, with the cooperation of all stakeholders involved in the context of the COVID-19 recovery process, to promote good governance at all levels and to develop effective, accountable and transparent institutions and more responsive, inclusive, participatory and representative decision-making processes while also reaffirming their full commitment to the 2030 Agenda for Sustainable Development as a blueprint for building back better after the pandemic; decides that the theme of the fourth session of the Forum, to be held in 2022, will be “Strengthening democracies to build back better: challenges and opportunities”. The Council further encourages States and all stakeholders to pay particular attention to promoting the broadest possible and most equitable participation in the Forum, with due regard to geographical and gender balance, and considering the participation of youth.
Action on Resolution on the Negative Impact of Unilateral Coercive Measures on the Enjoyment of Human Rights
In a resolution (A/HRC/46/L.4) on the negative impact of unilateral coercive measures on the enjoyment of human rights, adopted by a vote of 30 in favour, 15 against and 2 abstentions, the Council urges all States to stop adopting, maintaining or implementing unilateral coercive measures not in accordance with international law, international humanitarian law, the Charter of the United Nations and the norms and principles governing peaceful relations among States, in particular those of a coercive nature with extraterritorial effects, which create obstacles to trade relations among States, thus impeding the full realization of the rights set forth in the Universal Declaration of Human Rights and other international human rights instruments, in particular the right of individuals and peoples to development. The Council expresses its grave concern that, in some countries, the socioeconomic conditions of family members, particularly women and children, are adversely affected by unilateral coercive measures, imposed and maintained contrary to international law and the Charter, that create obstacles to trade relations among States, restrict movement through various means of transport, impede the full realization of social and economic development and hinder the well-being of the population in the affected countries, with particular consequences for women, children, including adolescents, the elderly and persons with disabilities. The Council reiterates its call upon Member States that have initiated such measures to commit themselves to their obligations and responsibilities arising from relevant provisions of the international law and human rights instruments to which they are a party by putting an immediate end to such measures; reaffirms in this context the right of all peoples to self-determination by virtue of which they freely determine their political status and freely pursue their own economic, social and cultural development; and also reaffirms, as enshrined in the Charter, its opposition to any attempt aimed at the partial or total disruption of the national unity and territorial integrity of a State.
The results of the vote were as follows:
In favour (30): Argentina, Bahamas, Bahrain, Bangladesh, Bolivia, Burkina Faso, Cameroon, China, Cote d’Ivoire, Cuba, Eritrea, Fiji, Gabon, India, Indonesia, Libya, Malawi, Mauritania, Namibia, Nepal, Pakistan, Philippines, Russian Federation, Senegal, Somalia, Sudan, Togo, Uruguay, Uzbekistan and Venezuela.
Against (15): Austria, Brazil, Bulgaria, Czech Republic, Denmark, France, Germany, Italy, Japan, Marshall Islands, Netherlands, Poland, Republic of Korea, Ukraine and United Kingdom.
Abstentions (2): Armenia and Mexico.
Action on Resolution on Freedom of Religion or Belief
In a resolution (A/HRC/46/L.5) on the freedom of religion or belief, adopted without a vote, the Council condemns all forms of violence, intolerance and discrimination based on or in the name of religion or belief, and violations of the freedom of thought, conscience, religion or belief, and any advocacy of religious hatred that constitutes incitement to discrimination, hostility or violence, whether it involves the use of print, audiovisual or electronic media or any other means. The Council also condemns violence and acts of terrorism, which are increasing in number and targeting individuals, including persons belonging to religious minorities across the world. The Council emphasizes that no religion should be equated with terrorism, as this may have adverse consequences for the enjoyment of the right to freedom of religion or belief of all members of the religious community concerned. The Council also urges Governments to cooperate fully with the Special Rapporteur and to respond favourably to the requests of the mandate holder to visit their countries, and to provide the mandate holder with all the information necessary to enable him or her to fulfil the mandate even more effectively.
Action on Resolution on Human Rights and the Environment
In a resolution (A/HRC/46/L.6/Rev.1) on human rights and the environment, adopted without a vote, the Council decides to renew the mandate of the Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment for a period of three years. The Council requests the Special Rapporteur, in fulfilling the mandate to, inter alia, continue to study the human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment, in consultation with Governments, relevant international organizations and intergovernmental bodies, including the World Health Organization, the United Nations Environment Programme and the United Nations Development Programme, and relevant multilateral environment agreements, human rights mechanisms, local authorities, national human rights institutions, indigenous peoples and civil society organizations, including those representing local communities and other persons in vulnerable situations, women, children and youth, the private sector and academic institutions. The Council calls upon States parties to intensify their efforts to advance the implementation of the Convention on Biological Diversity and to enhance their national biodiversity strategies and action plans; appeals to all States to consider adopting and implementing national measures that respect and protect the rights of those who are particularly vulnerable to the loss of healthy ecosystems and biodiversity; and encourages States to apply a precautionary approach based on available scientific evidence in decisions that could harm ecosystems and biodiversity.
Action on Resolution on Effects of Foreign Debt and other Related International Financial Obligations of States on the Full Enjoyment of all Human Rights
In a resolution (A/HRC/46/L.10) on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights, adopted by a vote of 28 in favour, 14 against and 4 abstentions, the Council recognizes that developing countries require massive liquidity and financing support to deal with the immediate fallout resulting from the COVID-19 pandemic and its repercussions for the economy and for all human rights owing to the challenges faced in the areas of healthcare, education, employment and social protection systems, as well as to the heavy debt burden and deteriorating economic buffer. The Council also recalls that every State has the primary responsibility to promote the economic, social and cultural development of its people, and to that end has the right and responsibility to choose its means and goals of development and should not be subject to external specific prescriptions for economic policy. The Council also reiterated its request to the United Nations High Commissioner for Human Rights to pay more attention to the problem of the debt burden of developing countries, in particular of least developed countries, and especially the social impact of the measures arising from foreign debt. The Council further encourages the Independent Expert to continue, in accordance with her mandate, to cooperate with the Committee on Economic, Social and Cultural Rights, the special procedures of the Human Rights Council and its Advisory Committee on issues relating to economic, social and cultural rights and the right to development in her work.
The results of the vote were as follows:
In favour (28): Argentina, Bahrain, Bangladesh, Bolivia, Burkina Faso, Cameroon, China, Cote d’Ivoire, Cuba, Eritrea, Fiji, Gabon, India, Indonesia, Libya, Malawi, Namibia, Nepal, Pakistan, Philippines, Russian Federation, Senegal, Somalia, Sudan, Togo, Uruguay, Uzbekistan and Venezuela.
Against (14): Austria, Brazil, Bulgaria, Czech Republic, Denmark, France, Germany, Italy, Japan, Netherlands, Poland, Republic of Korea, Ukraine and United Kingdom.
Abstentions (4): Armenia, Bahamas, Marshall Islands and Mexico.