Annex VI. Resolutions and decisions taken by the United Nations Human Rights Council

Transcription

1 Annex VI. Resolutions and decisions taken by the United Nations Human Rights Council RESOLUTIONS 10th session of the Human Rights Council (Geneva, 2 27 March 2009) 10/1. Question of the realization in all countries of economic, social and cultural rights: follow-up to Human Rights Council resolution 4/1. Requests the High Commissioner to continue to prepare and submit to the Council an annual report on the question of the realization in all countries of economic, social and cultural rights under agenda item 3; that is, the promotion and protection of all, civil, political, economic, social and cultural human rights, including the right to development. 10/2. Human rights in the administration of justice, in particular juvenile justice. Calls upon relevant special procedures of the Council to give special attention to questions relating to the effective protection of human rights in the administration of justice, in particular juvenile justice, and to provide, wherever appropriate, specific recommendations in this regard, including proposals for advisory services and technical assistance measures. 10/3. World Programme for Human Rights Education. Encourages States Members of the United Nations to start taking steps for the preparation of their national evaluation reports on the first phase, with the assistance of international and regional organizations, as well as civil society actors, to be provided to the United Nations Inter-Agency Coordinating Committee on Human Rights Education in the School System early in /4. Human rights and climate change. Decides to hold a panel discussion on the relationship between climate change and human rights at its eleventh session in order to contribute to the realization of the goals set out in the Bali Action Plan and to invite all relevant stakeholders to participate therein. 10/5. Composition of staff of the Office of the United Nations High Commissioner for Human Rights. Encourages the General Assembly to consider further measures for promoting desirable ranges of geographical balance in the staff of the Office of the High Commissioner representing national and regional specificities and various historic, cultural and religious backgrounds, as well as the diversity of political, economic and legal systems. 10/6. Enhancement of international cooperation in the field of human Invites States and relevant United Nations human rights mechanisms and procedures to continue to pay attention to the importance of mutual cooperation, understanding and dialogue in ensuring the promotion and protection of all human 10/7. Human rights of persons with disabilities: national frameworks for the promotion and protection of the human rights of persons with disabilities. Encourages States, in consultation with relevant stakeholders, to collect and compile disaggregated data to measure national progress and to identify barriers that prevent or undermine the full enjoyment by persons with disabilities of their human rights, and to formulate appropriate steps to remove such barriers. 10/8. Draft United Nations guidelines for the appropriate use and conditions of alternative care for children. Welcomes the progress made during consultations on the draft United Nations guidelines for the appropriate use and conditions of alternative care for children and decides to continue efforts to take action on them at its eleventh session. 10/9. Arbitrary Detention Notes with concern that a persistent proportion of urgent appeals of the Working Group has been left unanswered, and urges the States concerned to give the necessary attention to the urgent appeals addressed to them by the Working Group on a strictly humanitarian basis and without prejudging its possible final conclusions. 10/10. Enforced or involuntary disappearances. Urges the Governments concerned to intensify their cooperation with the Working Group on Enforced Disappearances; continue their efforts to elucidate the fate of disappeared persons and bring perpetrators to justice; make provision in their legal systems for victims of enforced or involuntary disappearances or their families to seek fair, prompt and adequate reparation and address the specific needs of the families of disappeared persons. 10/11. The use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination. Condemns recent mercenary activities in developing countries in various parts of the world, in particular in areas of conflict, and the threat they pose to the integrity of and respect for the constitutional order of these countries and the exercise of the right to self-determination of their peoples, and commends the Governments of Africa for their collaboration in thwarting these illegal actions. 10/12. The right to food Considers it intolerable that more than 6 million children still die every year from hunger-related illnesses 178 Alert 2010

2 before their fifth birthday, that there are at least 963 million undernourished people in the world and that, while the prevalence of hunger has diminished, the absolute number of undernourished people has been increasing in recent years when, according to a study by the Food and Agriculture Organization of the United Nations, the planet could produce enough food to feed 12 billion people, twice the world s present population. 10/13. Human rights and arbitrary deprivation of nationality. Calls upon States to ensure access of persons arbitrarily deprived of their nationality to effective remedies, including, but not limited to, restoration of nationality. 10/14. Implementation of the Convention on the Rights of the Child and the Optional Protocols thereto. Urges all States to develop or renew, as appropriate, national strategies for children, taking into account the Convention, setting out specific goals, and allocation of financial and human resources for monitoring and regular review of the above strategies. 10/15. Protection of human rights and fundamental freedoms while countering terrorism Urges States, while countering terrorism, to protect all human rights, including economic, social and cultural rights, bearing in mind that certain counter-terrorism measures may have an impact on the enjoyment of these 10/16. Situation of human rights in the Democratic People s Republic of Korea Deplores the grave, widespread and systematic human rights abuses in the Democratic People s Republic of Korea, in particular the use of torture and labour camps against political prisoners and repatriated citizens of the Democratic People s Republic of Korea and deeply regrets the refusal of the Government of the Democratic People s Republic of Korea to recognize the mandate of the Special Rapporteur or to extend full cooperation to him, and allow him access to the country. 10/17. Human rights in the occupied Syrian Golan. Determines that all legislative and administrative measures and actions taken or to be taken by Israel, the occupying Power, that aim 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 Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and have no legal effect. 10/18. Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan. Deplores the recent Israeli announcements of the construction of new housing units for Israeli settlers in the Occupied Palestinian Territory, particularly in and around occupied East Jerusalem, as they undermine the peace process and the creation of a contiguous, sovereign and independent Palestinian State and are in violation of international law and Israeli pledges at the Annapolis Peace Conference. 10/19. Human rights violations emanating from the Israeli military attacks and operations in the Occupied Palestinian Territory. Strongly condemns the Israeli military attacks and operations in the Occupied Palestinian Territory, particularly the recent ones in the occupied Gaza Strip, which have resulted in the killing and injury of thousands of Palestinians civilians, including a large number of women and children, and also condemns the firing of crude rockets on Israeli civilians. 10/20. Right of the Palestinian people to self-determination. Urges all Member States and relevant bodies of the United Nations system to support and assist the Palestinian people in the early realization of their right to self-determination. 10/21. Follow-up to Council resolution S-9/1 on the grave violations of human rights in the Occupied Palestinian Territory, particularly due to the recent Israeli military attacks against the occupied Gaza Strip. Calls upon the occupying Power, Israel, to abide by its obligations under international law, international humanitarian law and international human rights law. 10/22. Combating defamation of religions. Expresses deep concern at the continued serious instances of deliberate stereotyping of religions, their adherents and sacred persons in the media, as well as programmes and agendas pursued by extremist organizations and groups aimed at creating and perpetuating stereotypes about certain religions, in particular when condoned by Governments. 10/23. Independent expert in the field of cultural rights Decides to establish, for a period of three years, a new special procedure entitled independent expert in the field of cultural rights, as set out in the relevant United Nations human rights instruments. 10/24. Torture and other cruel, inhuman or degrading treatment or punishment: the role and responsibility of medical and other health personnel. Condemns all forms of torture and other cruel, inhuman or degrading treatment or punishment, including through intimidation, which are and shall remain prohibited at any time and in any place and can thus never be justified, and calls upon all States to implement fully the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment. 10/25. Discrimination based on religion or belief and its impact on the enjoyment of economic, social and cultural Condemns all forms of intolerance and discrimination based on religion or belief, as well as violations of the freedom of thought, conscience, religion or belief. 10/26. Forensic genetics and human Encourages States to consider the use of forensic genetics to contribute to the identification of the remains of victims of serious violations of human rights and of international humanitarian law, and to address the issue of impunity. Annex VI. 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3 10/27. Situation of human rights in Myanmar. Condemns the ongoing systematic violations of human rights and fundamental freedoms of the people of Myanmar. 10/28. United Nations Declaration on Human Rights Education and Training. Urges all relevant stakeholders that have not yet submitted their responses to the questionnaire prepared by the Advisory Committee on the possible elements of the content of the Declaration to do so, and to take into account existing relevant instruments. 10/29. The Social Forum Requests the Secretary-General to provide the Social Forum with all the services and facilities necessary to fulfil its activities, and also requests the High Commissioner to provide all the necessary support to facilitate the convening and proceedings of the Forum. 10/30. Elaboration of complementary standards to the International Convention on the Elimination of All Forms of Racial Discrimination. Endorses the road map adopted by the Ad Hoc Committee of the Human Rights Council on the Elaboration of Complementary Standards during the second part of its first session as a guiding framework document for all future work in this regard. 10/31. From rhetoric to reality: a global call for concrete action against racism, racial discrimination, xenophobia and related intolerance. Welcomes the report of the Intergovernmental Working Group on the effective implementation of the Durban Declaration and Programme of Action. 10/32. Assistance to Somalia in the field of human Calls upon the international community to stand by the legitimate Somali institutions and to provide adequate, timely and tangible support in order to enhance their capacity, as part of an integrated approach that encompasses political, security and human rights dimensions. 10/33. Situation of human rights in the Democratic Republic of the Congo and the strengthening of technical cooperation and consultative services. Calls on the international community to support the establishment of a local cooperation mechanism by the Government of the Democratic Republic of the Congo, the High Commissioner and the Human Rights Section of the United Nations Organization Mission in the Democratic Republic of the Congo, referred to as the entité de liaison des droits de l homme and calls on the Office of the High Commissioner to increase and enhance, through its presence in the Democratic Republic of the Congo, its technical assistance programmes and activities, in consultation with the authorities of the country. 10/101 to 100/117 Outcome of the Universal Periodic Review on: Botswana, Bahamas, Burundi, Luxembourg, Barbados, Montenegro, United Arab Emirates, Liechtenstein, Serbia, Turkmenistan, Burkina Faso, Israel, Cape Verde, Colombia, Uzbekistan, Tuvalu and the publication of reports completed by the Subcommission on the Promotion and Protection of Human Rights. STATEMENTS BY THE PRESIDENT OF THE HUMAN RIGHTS COUNCIL PRST/10/1. Reports of the Advisory Committee (A/ HRC/10/2-A/HRC/AC/2008/1/2) RESOLUTIONS 11th session of the Human Rights Council (Geneva, 2 19 June 2009) 11/1. Open-ended Working Group on an optional protocol to the Convention on the Rights of the Child to provide a communications procedure. Decides to establish an open-ended working group of the Human Rights Council to explore the possibility of elaborating an optional protocol to the Convention on the Rights of the Child to provide a communications procedure complementary to the reporting procedure under the Convention. 11/2. Accelerating efforts to eliminate all forms of violence against women. Strongly condemns all acts of violence against women and girls, whether they be perpetrated by the State, private persons or non-state actors, and calls for the elimination of all forms of gender-based violence in the family, within the general community and where perpetrated or condoned by the State, in accordance with the Declaration on the Elimination of Violence against Women. 11/3. Trafficking in persons, especially women and children. Affirms that it is essential to place the protection of human rights at the centre of measures taken to prevent and end trafficking in persons, and to protect, assist and provide access to adequate redress to victims, including the possibility of obtaining compensation from the perpetrators. 11/4. Promotion of the right of peoples to peace. Reaffirming the obligation of all States to settle their international disputes by peaceful means in such a manner that international peace, security, human rights and justice are not endangered, and Encourages States to settle their disputes as early as possible, as an important contribution to the promotion and protection of all human rights of everyone and all peoples. 11/5. 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 Calls upon States, the International Monetary Fund and 180 Alert 2010

4 the World Bank to continue to cooperate closely to ensure that additional resources made available through the Heavily Indebted Poor Countries Initiative, the Global Fund to Fight AIDS, Tuberculosis and Malaria and other new initiatives are absorbed in the recipient countries without affecting ongoing programmes. 11/6. The right to education: follow-up to Human Rights Council resolution 8/4. Urges all States to ensure the right to education, an imperative in its own right, of persons in detention in the criminal justice system, and to provide appropriate education to foster reintegration into society and help reduce recidivism. 11/7. Guidelines for the Alternative Care of Children. Welcomes the accomplishment of the Guidelines for the Alternative Care of Children and Decides to submit the Guidelines to the General Assembly for consideration with a view to their adoption on the twentieth anniversary of the Convention on the Rights of the Child. 11/8. Preventable maternal mortality and morbidity and human Expresses grave concern at the unacceptably high global rate of preventable maternal mortality and morbidity, noting in this regard that the World Health Organization has assessed that over 1,500 women and girls die every day as a result of preventable complications occurring before, during and after pregnancy and childbirth, and that, globally, maternal mortality is the leading cause of death among women and of girls of reproductive age. 11/9. The human rights of migrants in detention centres. Decides to hold a panel discussion on the matter at its twelfth session, with equitable geographic and gender participation of Governments, relevant experts and representatives of civil society, including national institutions. 11/10. Situation of human rights in the Sudan. Decides to create the mandate of independent expert on the situation of human rights in the Sudan for a period of one year, who shall assume the mandate and responsibilities set out by the Council. 11/11. System of special procedures. Reaffirms that the code of conduct for special procedures mandate holders is aimed at strengthening the capacity of mandate holders to exercise their functions while enhancing their moral authority and credibility, and that it requires supportive action by all stakeholders, and in particular by States. 11/12. Intergovernmental Working Group on the effective implementation of the Durban Declaration and Programme of Action. Decides to extend the mandate of the Intergovernmental Working Group on the effective implementation of the Durban Declaration and Programme of Action for a period of three years. 11/101 to 11/112 Outcome of the Universal Periodic Review on:, Germany, Djibouti, Canada, Bangladesh, Russian Federation, Cameroon, Cuba, Saudi Arabia, Senegal, China, Azerbaijan and Nigeria. RESOLUTIONS 12th session of the Human Rights Council (Geneva, 14 September 2 October 2009) 12/1. Open-ended Working Group on the review and functioning of the HRC. Decides to establish an open-ended intergovernmental working group with the mandate to review the work and functioning of the Council. 12/2. Cooperation with the United Nations, its representatives and mechanisms in the field of human Condemns all acts of intimidation or reprisal by Governments and non-state actors against individuals and groups who seek to cooperate or have cooperated with the United Nations, its representatives and mechanisms in the field of human 12/3. Independence and impartiality of the judiciary, jurors and assessors and the independence of lawyers. Calls upon Governments to give serious consideration to responding favourably to the requests of the Special Rapporteur to visit their countries, and urges States to enter into a constructive dialogue with the Special Rapporteur with respect to the follow-up to and implementation of her recommendations so as to enable her to fulfil her mandate even more effectively. 12/4. World Programme for Human Rights Education. Decides to focus the second phase of the World Programme on human rights education for higher education and on human rights training programmes for teachers and educators, civil servants, law enforcement officials and military personnel at all levels. 12/5. Protection of the human rights of civilians in armed conflict. Invites the Office of the United Nations High Commissioner for Human Rights to convene a second expert consultation on the issue and requests the Office to prepare a report on the outcome of the consultation. 12/6. Human rights of migrants: migration and the human rights of the child. Calls upon States to promote and protect effectively the human rights and fundamental freedoms of all migrants, especially those of children, regardless of their status, in conformity with the Universal Declaration of Human Annex VI. Resolutions and decisions taken by the United Nations Human Rights Council 181

5 Rights and the international instruments to which they are party. 12/7. Elimination of discrimination against persons affected by leprosy and their family members. Expresses its appreciation to the Advisory Committee for the timely submission of the draft set of principles and guidelines for the elimination of discrimination against persons affected by leprosy and their family members, contained in the annex to its recommendation 3/1 (see A/HRC/AC/3/2) to the Council. 12/8. Human rights and access to safe drinking water and sanitation. Recognizes that States have an obligation to address and eliminate discrimination with regard to access to sanitation, and urges them to address effectively inequalities in this area. 12/9. Human rights and international solidarity. Calls upon the international community to promote international solidarity and cooperation as an important tool to help to overcome the negative effects of the current economic, financial and climate crisis, particularly in developing countries. 12/10. Follow-up to the seventh special session of the Human Rights Council on the negative impact of the worsening of the world food crisis on the realization of the right to food for all. Expresses grave concern at the fact that the current world food crisis seriously undermines the realization of the right to food for all, and especially for one sixth of the world population, mainly in developing and least developed countries, suffering from hunger, malnutrition and food insecurity. 12/11. Human rights and transitional justice. Invites relevant special procedures of the Council, as appropriate, in the framework of their mandates, to continue to address the relevant aspects of transitional justice in their work. 12/12. Right to the truth. Welcomes the establishment in several States of specific judicial mechanisms and other non-judicial mechanisms, such as truth and reconciliation commissions that complement the justice system, to investigate violations of human rights and of international humanitarian law, and appreciates the elaboration and publication of the reports and decisions of these bodies. 12/13. Human rights and indigenous peoples. Encourages those States that have not yet ratified or acceded to the Convention concerning Indigenous and Tribal Peoples in Independent Countries of the International Labour Organization (C169) to consider doing so, and to consider supporting the United Nations Declaration on the Rights of Indigenous Peoples. 12/14. Situation of human rights in Honduras since the coup d état on 28 June Strongly condemns the human rights violations occurring as a consequence of the coup d état of 28 June 2009, and in particular following the return of President José Manuel Zelaya Rosales on 21 September /15. Regional arrangements for the promotion and protection of human Requests the United Nations High Commissioner for Human Rights to hold a workshop on regional arrangements for the promotion and protection of human rights on a regular basis and to convene the next one in the first semester of /16. Freedom of opinion and expression. Stresses that condemning and addressing, in accordance with their obligations under international human rights law, including those regarding equal protection of the law, any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence is an important safeguard to ensure the enjoyment of human rights and fundamental freedoms of all, including persons belonging to minorities. 12/17. Elimination of discrimination against women. Calls on States to ensure full representation and full equal participation of women in political, social and economic decision-making as an essential condition for gender equality and the empowerment of women and girls as a critical factor in the eradication of poverty. 12/18. The adverse effects of the movement and dumping of toxic and dangerous products. Strongly condemns the movement and dumping of toxic and dangerous products and wastes, which have a negative impact on the enjoyment of human 12/19. Draft guiding principles on extreme poverty and human Stresses that respect for all human rights, which are universal, indivisible, interdependent and interrelated, is of crucial importance for all policies and programmes to fight extreme poverty at the local and national levels. 12/20. Aung San Suu Kyi and other political prisoners in Myanmar. Expresses grave concern at the recent conviction and sentencing of Daw Aung San Suu Kyi, and calls for her immediate and unconditional release. 12/21. Promoting human rights and fundamental freedoms through a better understanding of traditional values of humankind. Requests the United Nations High Commissioner for Human Rights to convene, in 2010, a workshop for an exchange of views on how a better understanding of traditional values of humankind underpinning international human rights norms and standards can contribute to the promotion and protection of human rights and fundamental freedoms. 12/22. Human rights and unilateral coercive measures. Condemns the continued unilateral application and enforcement by certain powers of such measures as tools of political or economic pressure against any country, particularly against developing countries, with a view to preventing these countries from exercising their right to decide, of their own free will, their own political, economic and social systems. 182 Alert 2010

6 12/23. The right to development. Emphasizes the urgent need to make the right to development a reality for everyone. 12/24. Access to medicine in the context of the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. Stresses the responsibility of States to ensure access to all, without discrimination, of medicines, in particular essential medicines, that are affordable, safe, effective and of good quality. 12/25. Advisory services and technical assistance for Cambodia. Encourages the Government of Cambodia and the international community to provide all necessary assistance to the Extraordinary Chambers in the Courts of Cambodia, which would help ensure the non-return to the policies and practices of the past, as envisioned by the 1991 Agreement on a Comprehensive Political Settlement of the Cambodia Conflict. 12/26 Assistance to Somalia in the field of human Expresses its deep concern at the human rights and humanitarian situation in Somalia and calls for an immediate end to all abuses. 12/27. The protection of human rights in the context of human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS). Calls upon all States to implement in full the Declaration of Commitment on HIV/AIDS adopted by the General Assembly at its special session on HIV/AIDS, on 27 June 2001, and the Political Declaration on HIV/AIDS, adopted by the Assembly at its Highlevel Meeting on HIV/AIDS on 2 June /28. Follow-up to the tenth special session of the Human Rights Council on the impact of the global economic and financial crises on the universal realization and effective enjoyment of human Decides to hold a panel discussion during the high-level segment of its thirteenth session, to discuss and evaluate the impact of the financial and economic crises to the realization of all human rights worldwide. 12/101 to 12/116 Outcome of the Universal Periodic Review on: Central African Republic, Monaco, Belize, Congo, Malta, New Zeland, Afghanistan, Chile, Chad, Vietnam, Uruguay, Yemen, Vanuatu, Macedonia, Comoros and Slovakia. 12/117. Missing persons. Welcomes the panel discussion on the question of missing persons held at its ninth session and the summary of the panel s deliberations prepared by the Office of the United Nations High Commissioner for Human Rights. 12/118. United Nations declaration on human rights education and training Decides to hold a high-level discussion on the draft declaration during its thirteenth session. 12/119. 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 Requests the Office of the United Nations High Commissioner for Human Rights to assist the independent expert 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 in the implementation of the activities envisaged in Council resolution 11/5. Special Sessions Of The Human Rights Council 9th special session (9th January 2009) S-9/1. The Grave Violations of Human Rights in the Occupied Palestinian Territory including the recent aggression in the occupied Gaza Strip. Strongly condemns the ongoing Israeli military operation carried out in the Occupied Palestinian Territory, particularly in the occupied Gaza Strip, which has resulted in massive violations of the human rights of the Palestinian people and systematic destruction of Palestinian infrastructure. 10th special session (20th February 2009) S-10/1. The Impact of the Global Economic and Financial Crises on the Universal Realization and Effective Enjoyment of Human Rights. Calls upon all States to continue their financial contributions to international organizations, particularly to the Office of the United Nations High Commissioner for Human Rights. 11th special session (26-27 May 2009) S-11/1. Assistance to Sri Lanka in the promotion and protection of human Urges the international community to cooperate with the Government of Sri Lanka in the reconstruction efforts, including by increasing the provision of financial assistance, including official development assistance, to help the country fight poverty and underdevelopment and to continue to ensure the promotion and protection of all human rights, including economic, social and cultural 12th special session (15-16 October 2009) S-12/1. The human rights situation in the Occupied Palestinian Territory, including East Jerusalem. Demands Israel, the occupying Power, to respect the religious and cultural rights in the Occupied Palestinian Territory as provided for in the Universal Declaration of Human Rights, the core international human rights in- Annex VI. Resolutions and decisions taken by the United Nations Human Rights Council 183

7 struments, the Hague Conventions, and the Geneva Conventions, and to allow Palestinian citizens and worshippers unhindered access to their properties and religious sites therein. Decision A/HRC/DEC/S-12/101 S-12/101 Decision adopted by the Human Rights Council At its second meeting, on 16 October 2009, the Human Rights Council decided to request the President of the Council to transmit urgently resolution S-12/1, contained in the report of the Council on its twelfth special session (A/HRC/S-12/1), to the General Assembly for itsconsideration during the main part of its sixty-fourth session. 184 Alert 2010