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Council Establishes Working Group on Human Rights and Transnational Corporations and Other Business Enterprises http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=11165&LangID=E Council establishes Working Group on human rights and transnational corporations and other business enterprises Human Rights Council AFTERNOON 16 June 2011 Extends Mandates on Trafficking in Persons, Independence of Judges, Right to Education, Extrajudicial Executions and International Solidarity The Human Rights Council this afternoon adopted 10 texts in which it established a Working Group on human rights and transnational corporations and other business enterprises and extended the mandates on trafficking in persons, especially women and children; independence of judges and lawyers; right to education; extrajudicial, summary and arbitrary executions; and human rights and international solidarity. The Council also adopted texts on procedural matters concerning a discussion on Yemen; on the effects of foreign debt on the full enjoyment of all human rights; on the proclamation of 19 August as the International Day of Remembrance and Tribute to the Victims of Terrorism; and on national institutions for the promotion and protection of human rights. The Council decided to establish a Working Group on the issue of human rights and transnational corporations and other business enterprises consisting of five independent experts, of balanced geographical representation, for a period of three years, to be appointed by the Human Rights Council at its eighteenth session. It decided to promote the effective and comprehensive dissemination and implementation of the Guiding Principles on Business and Human Rights: implementing the United Nations “Protect, Respect and Remedy” Framework. It also decided to establish a forum on business and human rights under the guidance of the Working Group to discuss trends and challenges in the implementation of the Guiding Principles and promote dialogue and cooperation on issues linked to business and human rights, including challenges faced in particular sectors, operational environments or in relation to specific rights or groups, as well as identifying good practices. The Council decided to extend for three years the mandates of the Special Rapporteur on trafficking in persons, especially women and children; the Special Rapporteur on the independence of judges and lawyers; the Special Rapporteur on the right to education; the Special Rapporteur on extrajudicial, summary or arbitrary executions, and the Independent Expert on human rights and international solidarity. The Council also adopted a decision on procedural matters which requested the High Commissioner to report to the Council on her visit to Yemen at its eighteenth session and decided to hold an interactive dialogue on the basis of the said report at its eighteenth session. Concerning 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, the Council urged States, international financial institutions and the private sector to take urgent measures to alleviate the debt problem of developing countries particularly affected by HIV/AIDS, so that more financial resources could be released and used for health care, research and treatment of the population in the affected countries. It also adopted a resolution recommending that the General Assembly proclaim 19 August the International Day of Remembrance and Tribute to the Victims of Terrorism. The Council adopted a resolution encouraging Member States to establish effective, independent and pluralistic national institutions or, where they already existed, to strengthen them for the promotion and protection of all human rights and fundamental freedoms for all. The Netherlands, the Philippines, Germany, Hungary, Portugal, Norway, Argentina, Sweden, Cuba, Afghanistan, and Australia introduced draft texts. Speaking in general comments were the United States, Ecuador, Hungary on behalf of the European Union, United Kingdom, Japan, and Spain. The United States and Hungary on behalf of the European Union spoke in explanation of the vote before the vote. When the Council meets at 10 a.m. on Friday, 17 June, it will continue to take action on draft decisions and resolutions before concluding its seventeenth session. Action on Decisions and Resolutions Action on Decision Under Agenda Item on Organizational and Procedural Matters In a decision (A/HRC/17/L.28) regarding procedural matters, adopted without a vote, the Council requested the High Commissioner to report to the Council on her visit to Yemen at its eighteenth session and decided to hold an interactive dialogue on the basis of the said report at its eighteenth session. BOUDEWIJN J. VAN EENENNAAM (Netherlands), introducing the draft decision, said procedural decision L.28 as orally revised would enable the Council to have an interactive dialogue at its eighteenth session on the findings of the Office of the Commissioner of Human Rights assessment mission that was to visit Yemen. The text was drafted in close consultation with the country concerned, the Non-Aligned Movement and the Arab Group. 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 Mandate of Special Rapporteur on Trafficking in Persons, Especially Women and Children In a resolution (A/HRC/17L.2) regarding the mandate of the Special Rapporteur on trafficking in persons, especially women and children, adopted without a vote, the Council decides to extend the mandate of the Special Rapporteur for a period of three years; requests the United Nations High Commissioner for Human Rights to ensure that the Special Rapporteur receives the resources necessary to enable him or her to discharge the mandate fully; calls upon all Governments to cooperate with the Special Rapporteur; encourages Governments to refer to the Recommended Principles and Guidelines on Human Rights and Human Trafficking developed by the Office of the High Commissioner as a useful tool in integrating a human rights-based approach into their responses to combat trafficking in persons; and decides to continue consideration of the issue of trafficking in persons, especially women and children, in accordance with its annual programme of work. Evan P. GARCIA (Philippines), introducing draft resolution L2, said trafficking continued to wreak havoc across the international community. The situation of trafficking painted a highly disturbing picture. At any one time there were about 2.5 million people caught in a situation of trafficking. Many individuals were lured into a situation of trafficking by individuals they knew. International cooperation between countries of origin and destination was needed. A human rights based approach with regard to victims was also needed. The delegations of the Philippines and Germany wished to see the United Nations place human rights at the centre of all policies to address trafficking in persons. The Special Rapporteur should also bring the message of human rights to the various international bodies that addressed the issue of trafficking. The Philippines hoped that all Council members would continue to support the work of the Special Rapporteur on trafficking. REINHARD SCHWEPPE (Germany), also introducing draft resolution L.2, said human trafficking constituted a serious violation of human rights and was an offence to the dignity and integrity of the human being. They needed to combine their efforts to break the complex structures of the perpetrators in order to allow for effective investigation, prosecution and legal and non-legal assistance to victims. The Special Rapporteur’s main task in the next three years would therefore be to promote the prevention of trafficking in all its form and to promote the effective application of relevant international norms and standards. The Special Rapporteur would be tasked with indentifying and sharing best practices, challenges and obstacles to uphold the protection of the right of victims and examine the impact of anti-trafficking measures on the human rights of victims of trafficking in persons with a view to proposing adequate responses. Germany proposed the adopting of this resolution by the Human Rights Council to allow the continuation of the Special Rapporteur’s very important work. EILEEN CHAMBERLAIN (United Sates), in a general comment, said that trafficking was a serious issue of global concern that ensnared millions of people. Trafficking was not only a law enforcement issue. Trafficking included the subjection of people to forced labour and debt bondage. As provided by the Protocol on Trafficking in Persons, trafficking need not take place across international borders, it could take place within a country, town or home. It need not involve any movement at all. The United States wanted to note the importance of the problem of internal trafficking and called on the Council to pay attention to this problem. Action on Resolution on Mandate of Special Rapporteur on the Independence of Judges and Lawyers In a resolution (A/HRC/17/L.10) regarding the mandate of the Special Rapporteur on the independence of judges and lawyers, adopted without a vote as orally revised, the Council decides to extend the mandate of the Special Rapporteur for a period of three years; calls upon Governments to give serious consideration to responding favourably to the requests of the Special Rapporteur to
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