Human Rights Council
Adopts 13 Resolutions, Extends Mandates on Myanmar, Ukraine, Racism and Racial
Discrimination, Working Group on the Durban Declaration, and Mali, Appoints 10
Mandate Holders, and Closes Fifty-Second Regular Session
04 April 2023
The Human Rights
Council this afternoon adopted 13 resolutions, extending mandates on Myanmar,
Ukraine, racism and racial discrimination, Working Group on the implementation
of the Durban Declaration, and Mali. It appointed 10 Special Procedure
mandate holders and closed its fifty-second regular session.
Other
resolutions adopted concerned human rights in the occupied Syrian Golan; the
right of the Palestinian people to self-determination; Israeli settlements in
the Occupied Palestinian Territory, including East Jerusalem, and in the
occupied Syrian Golan; combating intolerance, negative stereotyping and
stigmatization of, and discrimination, incitement to violence and violence
against, persons based on religion or belief; technical assistance and capacity-building
to improve the human rights situation in Haiti; cooperation with Georgia;
technical assistance and capacity-building to improve human rights in Libya;
and technical assistance and capacity-building for South Sudan.
Václav
Bálek, President of the Human Rights Council announced the appointment of the
following 10 Special Procedure mandate holders: for the Expert Mechanism on the
Right to Development, Bonny Ibhawoh (Nigeria), Mihir Kanade (India), Klentiana
Mahmutaj (Albania) and Isabelle Durant (Belgium); for the Expert Mechanism on
the Rights of Indigenous Peoples, Binota Moy Dhamai (Bangladesh) and Dalee
Sambo Dorough (United States); Special Rapporteur on the right to development,
Surya Deva (India); Special Rapporteur on the situation of human rights in the
Russian Federation, Mariana Katzarova (Bulgaria); Working Group of Experts on
People of African Descent, Bina D’costa (Bangladesh); and Working Group on
Enforced or Involuntary Disappearances, Ana Lorena Delgadillo Perez (Mexico).
Concerning
the situation of human rights in Myanmar, the Council adopted a resolution
without a vote in which it decided to extend the mandate of the Special
Rapporteur on the situation of human rights in Myanmar for a further period of
one year.
On
the situation of human rights in Ukraine stemming from the Russian aggression,
the Council adopted a resolution by a vote of 28 in favour, 2 against and 17
abstentions in which it decided to extend the mandate of the Independent
International Commission of Inquiry on Ukraine for a further period of one
year.
As
for the mandate of the Special Rapporteur on contemporary forms of racism,
racial discrimination, xenophobia and related intolerance, the Council adopted
a resolution without a vote in which it decided to renew the mandate of the
Special Rapporteur on contemporary forms of racism, racial discrimination,
xenophobia and related intolerance for a further period of three years.
With
regard to the mandate of the Intergovernmental Working Group on the Effective
Implementation of the Durban Declaration and Programme of Action, the Council
adopted a resolution by a vote of 45 in favour, 2 against and no abstentions in
which it decided to renew the mandate of the Intergovernmental Working Group on
the Effective Implementation of the Durban Declaration and Programme of Action
for a further period of three years.
Concerning
technical assistance and capacity-building for Mali in the field of human
rights, the
Council adopted a resolution without a vote in which it decided to extend the
mandate of the Independent Expert on the situation of human rights in Mali for
a period of one year in order to permit him to continue to evaluate the
situation of human rights in Mali and to provide his assistance in ensuring the
promotion, protection and implementation of human rights and strengthening the
rule of law.
On
human rights in the occupied Syrian Golan, the Council adopted a resolution by
a vote of 31 in favour, 14 against and 2 abstentions, in which it demanded that
Israel, the occupying Power, immediately cease all settlement-related plans and
activities in the occupied Syrian Golan, and that it stop its repressive
measures against the Syrian citizens in the occupied Syrian Golan and release
immediately the Syrian detainees in Israeli prisons.
Concerning
the right of the Palestinian people to self-determination, the Council adopted
a resolution by a vote of 41 in favour, 3 against and 3 abstentions in which it
called upon Israel, the occupying Power, to immediately end its occupation of
the Occupied Palestinian Territory, including East Jerusalem, and to reverse
and redress any impediments to the political independence, sovereignty and
territorial integrity of Palestine.
As
for Israeli settlements in the Occupied Palestinian Territory, including East
Jerusalem, and in the occupied Syrian Golan, the Council adopted a resolution
by a vote of 38 in favour, 4 against and 5 abstentions in which it calls upon
Israel to comply with all its obligations under international law and to cease
immediately all actions causing the alteration of the character, status and
demographic composition of the Occupied Palestinian Territory, including East
Jerusalem, and the occupied Syrian Golan.
With
regard to combating intolerance, negative stereotyping and stigmatization of,
and discrimination, incitement to violence and violence against, persons based
on religion or belief, the Council adopted a resolution without a vote in which
it called on all States to take effective measures to ensure that public
functionaries do not discriminate against individuals on the basis of religion
or belief, foster religious freedom and pluralism, encourage the representation
and meaningful participation of individuals, irrespective of their religion, in
all sectors of society, and make a strong effort to counter religious
profiling.
Concerning
technical assistance and capacity-building to improve the human rights
situation in Haiti, in connection with a request from the authorities of Haiti
for coordinated and targeted international action, the Council adopted a
resolution without a vote (as orally revised) in which it requested the United
Nations High Commissioner for Human Rights to appoint, without delay, for a
renewable period of one year, a human rights expert tasked with monitoring,
with the assistance of the Office of the High Commissioner and in collaboration
with the United Nations Integrated Office in Haiti, the development of the
human rights situation in Haiti.
On
cooperation with Georgia, the Council adopted a resolution by a vote of 22 in
favour, 4 against and 21 abstentions in which it requested the High
Commissioner for Human Rights to continue to provide technical assistance
through the Office of the United Nations High Commissioner for Human Rights in
Tbilisi and to present to the Council an oral update on the follow-up to the
present resolution at its fifty-third session.
As
for technical assistance and capacity-building to improve human rights in
Libya, the Council adopted a resolution without a vote as orally revised in
which it requested the Office of the High Commissioner for Human Rights, in
close consultation with the Libyan authorities, to provide technical assistance
and capacity-building to Libya, with a view to improving further the situation
of human rights in Libya.
With
regard to technical assistance and capacity-building for South Sudan, the
Council adopted a resolution without a vote in which it requested the Office of
the High Commissioner for Human Rights, in cooperation with the Government of
South Sudan and relevant mechanisms of the African Union, to step up technical
assistance provided to the Government of South Sudan to urgently assist South
Sudan in addressing human rights challenges in the post-conflict transition.
In
concluding remarks, the President of the Human Rights Council, Václav Bálek,
said the Council had started the session in winter and was now in spring.
There was no doubt that it had done enormous work. He encouraged everyone
to think during the next weeks about how to streamline the work of the Council
and make sessions more sustainable and humane given the growing amount of
work. There would be more opportunities to discuss possible ideas about
the Council’s efficiency after this session and during informal meetings during
the year.
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 fifty-second
regular session can be found here.
The
fifty-third regular session of the Human Rights Council will be held from 19
June to 14 July 2023.
Action on Resolutions Under Agenda Item Four on Human Rights
Situations that Require the Council’s Attention
In
a resolution (A/HRC/51/L.19) on the Situation
of human rights in Myanmar, adopted without a vote, the Council
decides to extend the mandate of the Special Rapporteur on the situation of
human rights in Myanmar for a further period of one year; requests the Special
Rapporteur to present an oral progress report to the Council at its fifty-third
session and to submit a written report to the Third Committee of the General
Assembly at its seventy-eighth session and to the Council at its fifty-fifth
session, and also requests the Special Rapporteur to continue to monitor the
situation of human rights in Myanmar; calls upon the United Nations to ensure that
the Independent Investigative Mechanism for Myanmar is afforded the support and
resources in terms of the staffing, location and operational freedom necessary
to deliver on its mandate; and requests the High Commissioner for Human Rights,
with the support of specialized experts, to monitor and assess the overall
situation of human rights in Myanmar and to provide to the Council a written
update, at its fifty-sixth session, and a comprehensive report, at its
fifty-seventh session, to be followed by an interactive dialogue.
In
a resolution (A/HRC/51/L.41/Rev.1) on the Situation of human rights in Ukraine stemming from the
Russian aggression, adopted by a vote of 28 in favour, 2
against and 17 abstentions, the Council calls upon the Russian Federation to
immediately end its human rights violations and abuses and violations of
international humanitarian law in Ukraine, and calls for the strict observance
of all human rights and fundamental freedoms and for the protection of
civilians and critical civilian infrastructure in Ukraine; decides to extend
the mandate of the Independent International Commission of Inquiry on Ukraine
for a further period of one year; requests the Commission of Inquiry to provide
an oral update to the Council at its fifty-fourth session, to be followed by an
interactive dialogue, to submit a comprehensive report to the Council at its
fifty-fifth session, to be followed by an interactive dialogue, and to submit a
report to the General Assembly at its seventy-eighth session, to be followed by
an interactive dialogue; and decides to remain actively seized of the matter.
The
results of the vote were as follows:
In
favour (28): Argentina, Belgium, Benin, Chile, Costa Rica, Cote d’Ivoire,
Czechia, Finland, France, Gambia, Georgia, Germany, Lithuania, Luxembourg,
Malawi, Malaysia, Maldives, Mexico, Montenegro, Nepal, Paraguay, Qatar,
Romania, Somalia, Ukraine, United Arab Emirates, United Kingdom and United
States.
Against (2): China and Eritrea.
Abstentions (17): Algeria, Bangladesh, Bolivia, Cameroon, Cuba, Gabon,
Honduras, India, Kazakhstan, Kyrgyzstan, Morocco, Pakistan, Senegal, South
Africa, Sudan, Uzbekistan and Vietnam.
Action on Resolutions Under Agenda Item Seven on the Situation
of Human Rights in Palestine and Other Occupied Arab Territories
In
a resolution (A/HRC/51/L.31) on Human
rights in the occupied Syrian Golan, adopted by a vote of 31 in
favour, 14 against and 2 abstentions, the Council calls upon Israel, the
occupying Power, to comply with the relevant resolutions of the General
Assembly, the Security Council and the Human Rights Council, in particular
Security Council resolution 497 (1981); demands that Israel, the occupying
Power, immediately cease all settlement-related plans and activities in the
occupied Syrian Golan; demands that Israel stop its repressive measures against
the Syrian citizens in the occupied Syrian Golan and release immediately the
Syrian detainees in Israeli prisons; determines that all legislative and
administrative measures and actions taken or to be taken by Israel that seek to
alter the character and legal status of the occupied Syrian Golan are null and
void, constitute a flagrant violation of international law and of the Fourth
Geneva Convention, and have no legal effect; requests the Secretary-General to
… report on this matter to the Council at its fifty-fifth session; and decides to
continue its consideration of the human rights violations in the occupied
Syrian Golan at its fifty-fifth session.
The
results of the vote were as follows:
In
favour (31): Algeria, Argentina, Bangladesh, Benin, Bolivia, Chile, China,
Costa Rica, Cote d’Ivoire, Cuba, Eritrea, Gabon, Gambia, India, Kazakhstan,
Kyrgyzstan, Malaysia, Maldives, Mexico, Morocco, Nepal, Pakistan, Paraguay,
Qatar, Senegal, Somalia, South Africa, Sudan, United Arab Emirates, Uzbekistan
and Vietnam.
Against
(14): Belgium, Czechia, Finland, France, Georgia, Germany, Lithuania,
Luxembourg, Malawi, Montenegro, Romania, Ukraine, United Kingdom and United
States.
Abstentions (2): Cameroon and Honduras.
In
a resolution (A/HRC/51/L.32) on the Right
of the Palestinian people to self-determination, adopted by a
vote of 41 in favour, 3 against and 3 abstentions, the Council calls upon
Israel, the occupying Power, to immediately end its occupation of the Occupied
Palestinian Territory, including East Jerusalem, and to reverse and redress any
impediments to the political independence, sovereignty and territorial
integrity of Palestine; calls upon all States to ensure their obligations of
non-recognition, non-aid or assistance with regard to the serious breaches of
peremptory norms of international law by Israel, in particular of the
prohibition of the acquisition of territory by force, in order to ensure the
exercise of the right to self-determination, and also calls upon them to
cooperate further to bring, through lawful means, an end to these serious
breaches and a reversal of the illegal policies and practices of Israel; urges
all States to adopt measures as required to promote the realization of the
right to self-determination of the Palestinian people, and to render assistance
to the United Nations in carrying out the responsibilities entrusted to it by
the Charter regarding the implementation of this right; and decides to remain
seized of the matter.
The
results of the vote were as follows:
In
favour (41): Algeria, Argentina, Bangladesh, Belgium, Benin, Bolivia, Chile,
China, Costa Rica, Cote d’Ivoire, Cuba, Eritrea, Finland, France, Gabon,
Gambia, Georgia, Germany , Honduras, India, Kazakhstan, Kyrgyzstan, Luxembourg,
Malawi, Malaysia, Maldives, Mexico, Montenegro, Morocco, Nepal, Pakistan,
Paraguay, Qatar, Senegal, Somalia, South Africa, Sudan, Ukraine, United Arab
Emirates, Uzbekistan and Vietnam.
Against
(3): Czechia, United Kingdom and United States.
Abstentions (3): Cameroon, Lithuania and Romania.
In
a resolution (A/HRC/51/L.42) on Israeli
settlements in the Occupied Palestinian Territory, including East Jerusalem,
and in the occupied Syrian Golan, adopted by a vote of 38 in
favour, 4 against and 5 abstentions, the Council calls upon Israel to comply
with all its obligations under international law and to cease immediately all
actions causing the alteration of the character, status and demographic
composition of the Occupied Palestinian Territory, including East Jerusalem,
and the occupied Syrian Golan; also demands that Israel cease forthwith the
works of construction of the wall being built in the Occupied Palestinian
Territory, including in and around East Jerusalem; urges all States and
international organizations to ensure that they are not taking actions that
either recognize, aid or assist the expansion of settlements or the
construction of the wall in the Occupied Palestinian Territory, including East
Jerusalem; requests the High Commissioner for Human Rights to report on the
implementation of the provisions of the present resolution to the Human Rights
Council at its fifty-fifth session; and decides to remain seized of the matter.
The
results of the vote were as follows:
In
favour (38): Algeria, Argentina, Bangladesh, Belgium, Benin, Bolivia, Chile,
China, Costa Rica, Cote d’Ivoire, Cuba, Eritrea, Finland, France, Gabon,
Gambia, Germany, Honduras, India, Kazakhstan, Kyrgyzstan, Luxembourg, Malaysia,
Maldives, Mexico, Montenegro, Morocco, Nepal, Pakistan, Paraguay, Qatar,
Senegal, Somalia, South Africa, Sudan, United Arab Emirates, Uzbekistan and
Vietnam.
Against
(4): Czechia, Malawi, United Kingdom and United States.
Abstentions (5): Cameroon, Georgia, Lithuania, Romania and Ukraine.
Action Under Agenda Item Nine on Racism, Racial Discrimination,
Xenophobia and Related Forms of Intolerance: Follow-Up to and Implementation of
the Durban Declaration and Programme of Action
In
a resolution (A/HRC/51/L.12) on the Mandate
of the Special Rapporteur on contemporary forms of racism, racial
discrimination, xenophobia and related intolerance, adopted
without a vote, the Council decides to renew the mandate of the Special
Rapporteur on contemporary forms of racism, racial discrimination, xenophobia
and related intolerance for a further period of three years; requests the
Special Rapporteur to submit an annual report to the Council and to the General
Assembly on all activities relating to the mandate; and decides to remain
seized of this priority matter.
In
a resolution (A/HRC/51/L.13) on the Mandate
of the Intergovernmental Working Group on the Effective Implementation of the
Durban Declaration and Programme of Action, adopted by a vote
of 45 in favour, 2 against and no abstentions, the Council decides to renew the
mandate of the Intergovernmental Working Group on the Effective Implementation
of the Durban Declaration and Programme of Action for a further period of three
years; further decides that the Chair of Working Group may call full-day
informal intersessional consultations if needed to further enhance the
elaboration of a draft United Nations declaration on the promotion of and full
respect for the human rights of people of African descent; requests the Chair
of the Working Group to submit an annual report on its sessions to the Council;
requests the Chair of the Working Group to orally update and engage in an
interactive dialogue with the General Assembly under the item entitled
“Elimination of racism, racial discrimination, xenophobia and related
intolerance” annually; and decides to remain seized of this priority matter.
The
results of the vote were as follows:
In
favour (45): Algeria, Argentina, Bangladesh, Belgium, Benin, Bolivia, Cameroon,
Chile, China, Costa Rica, Cote d’Ivoire, Cuba, Czechia, Eritrea, Finland,
France, Gabon, Gambia, Georgia, Germany, Honduras, India, Kazakhstan,
Kyrgyzstan, Lithuania, Luxembourg, Malawi, Malaysia, Maldives, Mexico,
Montenegro, Morocco, Nepal, Pakistan, Paraguay, Qatar, Romania, Senegal,
Somalia, South Africa, Sudan, Ukraine, United Arab Emirates, Uzbekistan and
Vietnam.
Against
(2): United Kingdom and United States.
Abstentions (0):
In
a resolution (A/HRC/51/L.30) on Combating
intolerance, negative stereotyping and stigmatization of, and discrimination,
incitement to violence and violence against, persons based on religion or
belief, adopted without a vote, the Council calls on all States
to take effective measures to ensure that public functionaries do not
discriminate against individuals on the basis of religion or belief, foster
religious freedom and pluralism, encourage the representation and meaningful
participation of individuals, irrespective of their religion, in all sectors of
society, and make a strong effort to counter religious profiling; calls on
States to adopt measures and policies to promote full respect for and protection
of places of worship and religious sites, cemeteries and shrines, and to take
measures in cases where they are vulnerable to vandalism or destruction;
requests the High Commissioner to prepare and submit to the Council at its
fifty-fifth session a comprehensive follow-up report with elaborated
conclusions and views on potential follow-up measures; and calls for
strengthened international efforts to foster a global dialogue for the
promotion of a culture of tolerance and peace at all levels, based on respect
for human rights and diversity of religion and belief.
Action on Resolutions Under Agenda Item 10 on Technical
Assistance and Capacity Building
In
a resolution (A/HRC/51/L.17/Rev.1) on Technical assistance and capacity-building to improve the
human rights situation in Haiti, in connection with a request from the
authorities of Haiti for coordinated and targeted international action,
adopted without a vote (as orally revised), the Council requests the Office of
the High Commissioner to cooperate with the Government of Haiti by providing
technical assistance and support for capacity-building in the promotion and
protection of human rights for the Haitian judiciary, security forces and
prison administration; requests the United Nations High Commissioner for Human
Rights to appoint, without delay, for a renewable period of one year, a human
rights expert tasked with monitoring, with the assistance of the Office of the
High Commissioner and in collaboration with the United Nations Integrated
Office in Haiti, the development of the human rights situation in Haiti; also
requests the High Commissioner to provide it, within the framework of an
interactive dialogue with the participation of the human rights expert, with an
interim report on the situation of human rights in Haiti for its consideration
at its fifty-fourth session and a comprehensive report on the subject for its
consideration at its fifty-fifth session; and decides to remain seized of the
matter.
In
a resolution (A/HRC/51/L.28) on Cooperation
with Georgia, adopted by a vote of 22 in favour, 4 against and
21 abstentions, the Council requests the High Commissioner for Human Rights to
continue to provide technical assistance through the Office of the United
Nations High Commissioner for Human Rights in Tbilisi; demands that immediate
and unimpeded access be given to the Office of the High Commissioner and
international and regional human rights mechanisms to Abkhazia, Georgia and the
Tskhinvali region/South Ossetia, Georgia; and requests the High Commissioner to
present to the Council an oral update on the follow-up to the present
resolution at its fifty-third session, and to present a report on developments
relating to and the implementation of the present resolution at its
fifty-fourth session.
The
results of the vote were as follows:
In
favour (22): Belgium, Chile, Costa Rica, Czechia, Finland, France, Gambia,
Georgia, Germany, Honduras, Lithuania, Luxembourg, Malawi, Maldives, Mexico,
Montenegro, Paraguay, Romania, Senegal, Ukraine, United Kingdom and United
States.
Against
(4): Bolivia, China, Cuba and Eritrea.
Abstentions (21): Algeria, Argentina, Bangladesh, Benin, Cameroon, Cote
d’Ivoire, Gabon, India, Kazakhstan, Kyrgyzstan, Malaysia, Morocco, Nepal,
Pakistan, Qatar, Somalia, South Africa, Sudan, United Arab Emirates, Uzbekistan
and Vietnam.
In
a resolution (A/HRC/51/L.33) on Technical
assistance and capacity-building to improve human rights in Libya,
adopted without a vote (as orally revised), the Council requests the Office of
the High Commissioner for Human Rights, in close consultation with the Libyan
authorities, to provide technical assistance and capacity-building to Libya,
with a view to improving further the situation of human rights in Libya, to
assist the country in the implementation of its international human rights
obligations and commitments, taking into account the work done by the
Fact-Finding Mission on Libya, its reports and recommendations, where
applicable, and to support Libya to promote and protect human rights, prevent
violations thereof and ensure accountability for violations and abuses of human
rights, in accordance with a national plan; requests the Office of the High
Commissioner to present to the Council at its fifty-fifth session a report on
the implementation of the present resolution, to be followed by an interactive
dialogue; invites the Office of the High Commissioner to work closely with the
Libyan authorities, the United Nations Support Mission in Libya, the African
Union and all other relevant regional and international organizations; requests
the Secretary-General to provide the Office of the High Commissioner with the
resources necessary for the full implementation of the present resolution;
decides to remain seized of the matter.
In
a resolution (A/HRC/51/L.35) on Technical
assistance and capacity-building for Mali in the field of human rights, adopted
without a vote, the Council decides to extend the mandate of the Independent
Expert on the situation of human rights in Mali for a period of one year in
order to permit him to continue to evaluate the situation of human rights in
Mali and to provide his assistance in ensuring the promotion, protection and
implementation of human rights and strengthening the rule of law; calls upon
all parties in Mali to cooperate fully with the Independent Expert and to help
him carry out his mandate; requests the Independent Expert to submit a report
to the Council at its fifty-fifth session; decides to hold a dialogue at its
fifty-fifth session, in the presence of the Independent Expert and
representatives of the Transitional Government of Mali, to assess the changes
in the situation of human rights in the country, with a particular focus on the
issues of the protection of persons who are victims of descent-based slavery;
and decides to remain seized of this matter.
In
a resolution (A/HRC/51/L.36) on Technical
assistance and capacity-building for South Sudan, adopted
without a vote, the Council requests the Office of the High Commissioner for
Human Rights, in cooperation with the Government of South Sudan and relevant
mechanisms of the African Union, to step up technical assistance provided to
the Government of South Sudan to urgently assist South Sudan in addressing
human rights challenges in the post-conflict transition, including by
supporting the Government in the implementation of the recommendations accepted
in the context of the universal periodic review; also requests the Office of
the High Commissioner to present to the Council, at its fifty-fourth session,
an oral update, including on progress made, to be followed by an interactive
dialogue, with the participation of representatives of the African Union, and
to present a comprehensive report to the Council at its fifty-fifth session, to
be followed by an interactive dialogue; and decides to remain seized of the
matter.
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