Protection of Human Rights
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Chapter II Protection of human rights In 2014, the United Nations remained engaged in water and sanitation, health, adequate housing, protecting human rights through its main organs— education and a life free from poverty. the General Assembly, the Security Council and the In other developments, the Permanent Memorial Economic and Social Council—and the Human Committee entered into an agreement with an archi- Rights Council, which carried out its task as the tect for the construction of a permanent memorial at central UN intergovernmental body responsible for UN Headquarters in honour of the victims of slavery promoting and protecting human rights and funda- and the transatlantic slave trade, to be completed in mental freedoms worldwide. The Council addressed 2015. In September, the first World Conference on violations, worked to prevent abuses, provided overall Indigenous People, convened as a high-level meeting policy guidance, monitored the observance of human of the General Assembly, adopted an action-oriented rights around the world and assisted States in fulfilling document on the realization of indigenous rights. their human rights obligations. The special procedures mandate holders—special rapporteurs, independent experts, working groups Special procedures and representatives of the Secretary-General—moni- tored, examined, advised and publicly reported on Report of High Commissioner. In her annual human rights situations in specific countries or on report to the Human Rights Council [A/HRC/28/3], major human rights violations worldwide. At the end the United Nations High Commissioner for Human of 2014, there were 53 special procedures (39 thematic Rights, Navanethem Pillay, noted that the expertise of mandates and 14 country- or territory-related man- special procedures helped to draw attention to emerg- dates) with 77 mandate holders. ing issues such as the use of drones in extraterritorial In 2014, special procedures submitted 135 lethal counter-terrorism operations; mass digital reports to the Human Rights Council, including surveillance for counter-terrorism purposes; the im- 64 on country visits, and 36 reports to the General plications of States’ surveillance of communications Assembly. They sent 553 communications to 116 on the rights to privacy and to freedom of opinion States; 82 per cent of those communications were and expression; and the implementation of the right sent jointly by more than one mandate holder. Com- to social security through the universal adoption of munications covered at least 1,061 individuals, social protection floors. From January to October, 16.9 per cent of whom were women. Mandate holders special procedures mandate holders conducted 63 followed up on 24 per cent of communications, and country visits to 43 States and issued 427 communi- Governments replied to 42.9 per cent of communica- cations. Some 109 States issued standing invitations tions. Some 379 news releases and public statements for special procedures visits, although they were not on situations of concern were issued, individually or always honoured. The Council established two new jointly, by mandate holders. thematic mandates: on the rights of persons with dis- Special procedures conducted 80 country visits to abilities and on the negative impact of unilateral co- 60 States. The number of countries that had extended ercive measures on the enjoyment of human rights. In a standing invitation to special procedures rose to 110 all there were 53 special procedures (39 thematic and as at 31 December. 14 geographically related). The Council in 2014 established two thematic Report of Secretary-General. In response to a mandates: Special Rapporteur on the rights of Human Rights Council decision [YUN 2006, p. 760], the persons with disabilities and Special Rapporteur on Secretary-General in December submitted a report the negative impact of unilateral coercive measures [A/HRC/28/19] indicating that the special procedures’ on the enjoyment of human rights. It also estab- conclusions and recommendations contained in their lished a country mandate on capacity-building and 2014 reports to the Council’s twenty-fifth, twenty- technical cooperation with Côte d’Ivoire in the field sixth and twenty-seventh sessions were available on of human rights. the website of the Office of the United Nations High Economic, social and cultural rights continued to Commissioner for Human Rights (ohchr). be a major focus of activity. The General Assembly Reports of special procedures. In accordance highlighted the right to development, and Special with the decisions made by special procedures Rapporteurs advocated for the rights to food, safe mandate holders at their sixteenth [YUN 2009, p. 645] 787 788 Part Two: Human rights and seventeenth [YUN 2010, p. 656] annual meetings, On 29 December, the Assembly decided that mandate holders issued, on 24 February [A/HRC/25/74], the agenda item on the report of the Human Rights 2 June [A/HRC/26/21] and 20 August [A/HRC/27/72], Council would remain for consideration during its joint communications reports containing summaries resumed sixty-ninth (2015) session (decision 69/554). of communications and statistical information. The reports covered urgent appeals, letters of allegations and other letters sent by mandate holders from 1 June Civil and political rights 2013 to 31 May 2014 and replies received between 1 August 2013 and 31 July 2014, including replies relating to communications sent prior to 1 June 2013. Racism and racial discrimination Follow-up to 2001 World Conference Reprisals for cooperation During the year, efforts continued to implement with human rights bodies the Durban Declaration and Programme of Action Report of Secretary-General. Pursuant to a (ddpa) adopted by the 2001 World Conference Human Rights Council request [YUN 2009, p. 668], the against Racism, Racial Discrimination, Xenophobia Secretary-General in August [A/HRC/27/38] submitted and Related Intolerance [YUN 2001, p. 615]. a compilation and analysis of information on alleged Intergovernmental Working Group. The reprisals against individuals or groups who had coop- Intergovernmental Working Group on the Effective erated or sought to cooperate with representatives of Implementation of the ddpa, at its twelfth session UN human rights bodies, as well as recommendations (Geneva, 7–17 April) [A/HRC/26/55], identified, on the on how to address cases of intimidation and repris- basis of contributions by Member States and other als. The report contained information gathered from stakeholders, objectives and national, regional and 16 June 2013 to 31 May 2014, pertaining to cases international activities to be conducted during the in Algeria, Cameroon, China, Cuba, the Democratic International Decade for People of African Descent, People’s Republic of Korea, Egypt, Israel, Kenya, Ma- 2015–2024 (see p. 780). laysia, Pakistan, Saudi Arabia, Sri Lanka, the Syrian A 10 April secretariat note [A/HRC/25/68/Rev.1] in- Arab Republic, Tajikistan, the United Arab Emirates formed the Human Rights Council that the report and Viet Nam. It also provided follow-up information of the Working Group’s eleventh session [YUN 2013, on cases included in previous reports on India, Mo- p. 628] would be submitted to the Council’s twenty- rocco, the Russian Federation, Syria, the United Arab fifth (2014) session. Emirates and Venezuela. The report noted that the Report of independent experts. The five cases included represented only the tip of the iceberg: independent eminent experts appointed by the some cases had not been included because of concern Secretary-General in 2002 [YUN 2002, p. 662] to follow that the alleged victims might be subjected to further up on implementation of ddpa provisions, following reprisals if their complaints were published. Reprisals their first[YUN 2003, p. 698] and second [YUN 2005, against persons cooperating with the United Nations p. 757] meetings, held their third meeting in private and its human rights mechanisms and representatives (Geneva, 4 February 2014) [A/HRC/26/56]. The experts ranged from threats, harassment, smear campaigns, discussed their previous work and related challenges, fines, travel bans, the forced closure of organizations, mandate and working methods, including sugges- arbitrary arrests, prosecution and lengthy prison sen- tions for follow-up actions. They agreed to submit tences to torture and death. The Secretary-General information on individually undertaken activities and recommended that States prevent and refrain from new developments in their regions since 2005, which all acts of intimidation or reprisal against individuals would be compiled and circulated by ohchr. Such in- and groups; adopt specific legislation and policies; puts would include proposals for topics on which the investigate alleged acts of reprisal or intimidation to experts would work, individually and as a group. The bring perpetrators to justice; and consider establishing experts emphasized that the group’s mandate should a national focal point to address acts of intimidation be reviewed and amended to reflect what could be and reprisal. realistically achieved; agreed to elaborate and adopt On 15 September, the General Assembly deferred working methods to facilitate their work and increase until its sixty-ninth (2014) session consideration of the efficiency; requested ohchr to assist with the draft- report of the Human Rights Council as it pertained ing of those methods; and proposed a December 2014 to Council resolution 24/24