Protection of Human Rights
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Chapter II Protection of human rights In 2010, the United Nations continued to protect hu- Human rights were also protected through the net- man rights worldwide through several mechanisms. work of human rights defenders in individual coun- Its main organs—the General Assembly, the Security tries, operating within the framework of the 1998 Council and the Economic and Social Council— Declaration on Human Rights Defenders. remained engaged in protecting those rights. The Hu- Economic, social and cultural rights continued to man Rights Council carried out its task as the central be a major focus of activity. The General Assembly United Nations intergovernmental body responsi- in July recognized the human right to safe and clean ble for promoting and protecting human rights and drinking water and sanitation. Also in July, the fundamental freedoms worldwide. The Council ad- Assembly adopted a resolution on the right to educa- dressed violations, worked to prevent abuses, provided tion in emergency situations. overall policy guidance, monitored the observance of In December, the General Assembly proclaimed human rights around the world and assisted States in 24 March as the International Day for the Right to the fulfilling their human rights obligations. Truth concerning Gross Human Rights Violations and Central to human rights protection were the special for the Dignity of Victims, and 30 August as the Interna- procedures of the Human Rights Council—independ- tional Day of the Victims of Enforced Disappearances. ent experts with mandates to investigate, report and advise on human rights from a thematic or country- specific perspective. At the end of 2010, there were 41 Special procedures special procedures (33 thematic mandates and eight mandates relating to countries or territories) with 61 mandate-holders. Those special rapporteurs, inde- Report of High Commissioner. In her annual pendent experts, working groups and representatives report to the Human Rights Council [A/HRC/16/20], of the Secretary-General served in their personal ca- the United Nations High Commissioner for Human pacity, were not UN staff members and did not receive Rights noted the widely acknowledged contribution of financial remuneration. the special procedures mandate holders to the Coun- cil’s work. Interactive dialogues at the Council and During the year, special procedures submitted General Assembly had allowed mandate holders to 156 reports to the Human Rights Council, includ- highlight human rights concerns requiring follow-up ing 58 country visit reports, and 26 reports to the and to provide early warning on situations and emerg- General Assembly. They sent 604 communications to ing trends requiring urgent international attention. 110 States; 66 per cent of all communications were She welcomed States issuing standing invitations and sent jointly by more than one mandate. Commu- the increase of those to 78 during 2010. A hallmark of nications covered at least 1,407 individuals, 19 per special procedures mandate holders was their direct cent of whom were women. Governments replied access to victims and human rights defenders. In all, to 35 per cent of communications sent in 2010, and there were 41 mandates—including two new man- 18 per cent of communications were followed up on dates on the elimination of discrimination of women by mandate-holders. Special procedures issued 232 in law and in practice, and on the right to freedom of news releases and public statements on situations of peaceful assembly and association—with 61 mandate concern, including 24 statements issued jointly by holders. One third of mandate holders were women. two or more mandate-holders. Reports of Secretary-General. In response Special procedures conducted 67 country visits to to a Commission on Human Rights request [YUN 48 States and territories. Seventy-eight countries had 2004, p. 648] and a Human Rights Council decision extended a standing invitation to special procedures [YUN 2006, p. 760], the Secretary-General submitted as at 31 December. reports in February [A/HRC/13/74] and December The Council in 2010 established two thematic [A/HRC/16/30] listing special procedures’ conclusions mandates: the Working Group on the issue of dis- and recommendations contained, respectively, in their crimination against women in law and in practice, 2009 reports to the Council’s eleventh and twelfth and the Special Rapporteur on the rights to freedom sessions and in their 2010 reports to the Council’s of peaceful assembly and of association. thirteenth, fourteenth and fifteenth sessions. 663 664 Part Two: Human rights African descent; greater consultation with African- Civil and political rights American communities concerning urban develop- ment projects that affected them; the establishment of Racism and racial discrimination a human rights commission with a dependency that would deal specifically with people of African descent; Follow-up to 2001 World Conference and efforts to ensure to children of African descent all the rights contained within the Convention on the During the year, efforts continued to implement Rights of the Child [YUN 1989, p. 560]. the Durban Declaration and Programme of Ac- Human Rights Council action. On 18 June tion (ddpa) adopted by the 2001 World Conference [A/65/53 (res. 14/16)], the Council took note of the re- against Racism, Racial Discrimination, Xenophobia port of the Working Group of Experts on People of and Related Intolerance [YUN 2001, p. 615]. African Descent, including its recommendations, in Intergovernmental Working Group. The particular, the theme “People of African descent: rec- Intergovernmental Working Group on the effective ognition, justice and development”, in the context of the implementation of ddpa, established in 2002 [YUN International Year. It also decided to dedicate two work- 2002, p. 661] to make recommendations for its imple- ing days of the Intergovernmental Working Group’s mentation and to prepare complementary standards, eighth session to prepare for the commemoration of held its eighth session (Geneva, 11–22 October) the tenth anniversary of ddpa in 2011 (see above). [A/HRC/16/64]. The Working Group discussed draft On 1 October [A/65/53/Add.1 (dec. 15/117)], the conclusions and recommendations on the protection Council decided to hold at its eighteenth (2011) ses- of children, migration and employment; reviewed sion a panel discussion on the promotion and protec- progress on the implementation of recommendations tion of human rights through tolerance and reconcili- adopted at its previous session; and shared experi- ation, drawing inspiration from the example of Nelson ences, including on good practices, implementation Mandela for promoting human rights without distinc- of the International Convention on the Elimination tion as to race, colour or national or ethnic origin. of All Forms of Racial Discrimination, ddpa and the Report of Secretary-General. In response to Gen- Outcome Document of the 2009 Durban Review eral Assembly resolution 64/148 , the Conference . The tenth anniversary [YUN 2009, p. 660] [YUN 2009, p. 657] Secretary-General in September [A/65/377] reported on of the adoption of ddpa (2011) was discussed and global efforts for the total elimination of racism, racial a discussion on structural discrimination was held. discrimination, xenophobia and related intolerance, Presentations by experts were followed by interactive and the comprehensive implementation of and follow- discussions. The Working Group adopted conclusions up to ddpa. The report summarized contributions on and recommendations on the aforementioned themes. the topic received from 17 countries and four UN enti- Working Group on people of African descent. ties, and reviewed activities undertaken by UN bod- At its ninth session (Geneva, 12–16 April) [A/HRC/ ies since the submission of the last report [YUN 2009, 14/18], the Working Group of Experts on People of Af- p. 658]. It concluded that progress had been made in rican Descent, established in 2002 [YUN 2002, p. 661] combating racism and related phenomena, yet mea- to consider problems of racial discrimination affecting sures were needed to reverse the worrisome trends of people of African descent, in accordance with ddpa, increasingly hostile racist attitudes and violence. engaged in a discussion on structural discrimination The General Assembly took note of that report on against people of African descent. It also addressed 21 December (decision 65/535). activities in the context of the International Year for People of African Descent (2011), which was declared Combating racism in sports by the General Assembly in resolution 64/169 [YUN 2009, p. 655]. The General Assembly, in resolution 64/5 [YUN Following its mission to the United States (25–29 2009, p. 1076] on the 2010 Fédération Internationale de Football Association (fifa) World Cup, welcomed January) [A/HRC/15/18], the Group issued recommen- dations on improving the situation of people of African the readiness of South Africa to host the event, which descent in the country. Those included the adoption would be held for the first time on the African conti- of an anti-discrimination act; the continuation and nent, and encouraged Member States to support the enhancement of education initiatives such as magnet World Cup in June 2010, including through stimulat- and charter schools; the adoption of an employment ing popular attendance. quota system in the private sector; the use of statis- Human Rights Council action. On 26 March tics in