New York, 23 January 2007 – The UN Human Rights Council conducted the second part of its Sixth Session from 10-14 December. On the agenda were remaining institution-building issues; the review of several Special Procedures mandates; and substantive issues in the form of reports from mandate-holders on various countries and themes – including the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, and the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism.

In follow-up to the first part of Session 6 (10-28 September 2007), the Program of Work also included the final report by the United Nations Experts Group on Darfur.

In follow up to the Fifth Special Session (2 October 2007), the Council considered the report of the SR on the situation of human rights in Burma/Myanmar.

Click here to read HRC’s Draft Report on Session 6.

Institution-building issues

Universal Periodic Review (UPR)

The role and selection of the UPR facilitators (Rapporteurs) were discussed during the Session. Council president Doru Romulus Costea had planned to draw lots at a HRC Bureau meeting on 26 November 2007 to select the Rapporteurs of each country’s review under the upcoming first session of the UPR. The Rapporteurs – in three-person “troikas” – would manage the review and prepare the report. The Rapporteurs would come from a regional cross-section of Council member countries.

But, the African Group requested postponement on the selection in order to clarify the troikas’ role before designating them. The Bureau consented to the request, and extensive discussion took place during the December Session. The Organization of the Islamic Conference (OIC) wished to see the troikas assigned only to compile information objectively, not to interpret or analyze it. The OIC also had concerns about the conduct of review and the outcome of review, and it emphasized the need for clarity on these issues before proceeding. Mexico and others objected to the African Group’s view and said that the selection of the troikas need not await a clarification of their role.

At the end of the Session, President Costea said he would hold further discussion on the role of the rapporteurs and their selection. He has not yet announced a timetable for this process.

Review of Mandates of Special Procedures

The Council also discussed the process by which it reviews Special Procedures’ mandates. The OIC commented that the Council has not made enough progress on this topic. The Non-aligned Movement (NAM) noted the need to establish a common framework that provided more detailed modalities for the conduct of reviews.

Code of Conduct

The Code of Conduct for mandate-holders was discussed. The Code provides ethical guidelines for mandate-holders while working in the country in question. In particular, the NAM argued against the sharing of information from with the Council before the government has received it.

Special Procedures: Reports of Mandate-holders, Review of Mandates

The Council reviewed the mandates of several Special Procedures, including Special Rapporteurs, an Independent Expert, and a Representative of the Secretary-General.

At the conclusion of the Session the Council decided to extend or renew the mandates of:

Special Rapporteur on adequate housing as a component of the right to an adequate standard of living;

Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health;

Representative of the Secretary General on the human rights of internally displaced persons (IDPs) (In discussing this mandate, some States raised the issue of the titles of mandate-holders. In the June 2007 institution-building package it was decided that there would be a uniform title, selection and appointment process for all mandate holders. Several states suggested changing the title of this mandate-holder to Special Rapporteur. This change was not included in the final decision, which extended the Representative’s mandate);

Special Rapporteur on protection of human rights while countering terrorism (extended by three years);

Freedom of religion or belief (a resolution to extend this mandate was opposed by Muslim countries but passed after a vote of 29-0 in favor, with 18 abstentions);

Independent Expert on technical cooperation and advisory services in Liberia.

Follow-up to Session 6 (Part 1): Sudan

Context

In regards to the culpability of the government of Sudan in the widespread human rights abuses in the Darfur region in the past several years, the HRC established a Group of Experts at its Fourth Session (March 2007). It was presided over by the Special Rapporteur on the situation of human rights in the Sudan, Simar Samar. Other members were the Special Rapporteurs and Representatives focused on: for children and armed conflict; extrajudicial, summary or arbitrary executions; the situation of human rights defenders; contemporary forms of racism, racial discrimination, xenophobia and related intolerance; human rights of internally displaced persons; the question of torture; and violence against women, its causes and consequences.

The Expert Group’s task was “to work with the Government of the Sudan and the appropriate human rights mechanisms of the African Union to ensure the effective follow-up to and to foster the implementation of resolutions and recommendations on Darfur, to safeguard their consistency and to contribute to monitoring the human rights situation on the ground.”

In the first part of the Session 6 (September 2007), the Group of Experts provided a preliminary assessment of the implementation of recommendations to improve the human rights situation in Darfur. However, the Group stressed at that time that it was not yet in a position to analyze comprehensively impacts on the ground.

Presentation of Report

The Special Rapporteur presented the final report of Experts Group. She said the Group was satisfied with the Government’s cooperation but that many recommendations had not been implemented or addressed at all, and no actions taken so far had alleviated measurably the human rights situation in Darfur.

She suggested that the Council renew the mandate of the Expert Group for six months so that it could assess longer-term impacts of the recommendations.

The report also refers to government complicity in abuses by militias (e.g. Janjaweed), and it notes that the government failed to protect civilians from violence, including rape and torture.

Discussion

Member States debated whether the situation in Darfur had improved or worsened. They were split over whether the government should be held accountable for the continuing abuses, or supported with additional financial and technical assistance.

The OIC and the African Group argued that it was unnecessary to have two mandates – one for the Expert Group and one for the Special Rapporteur – insisting that conditions in Darfur had improved and that the government had cooperated with recent inquiries.

Algeria suggested that the Experts Group had not paid enough attention to economic, social, and cultural rights.

States discussed terminating the mandate of the Special Rapporteur when it came up for review in the December session, arguing that Sudan’s cooperation with the Expert Group made the Special Rapporteur’s mandate redundant.

An academic representative argued that ending either mandate would exacerbate impunity on the part of the government of Sudan. As Special Rapporteur, Samar has the power to carry out fact-finding missions throughout Sudan, which provide a fuller picture of conditions than the Expert Group is able to obtain.

Decision

Two separate resolutions were developed – one addressing the mandate of the Special Rapporteur, which would extend her mandate for one year, and another on the Experts Group on Darfur, which would extend its mandate for six months.

However, the set of resolutions that met consensus by the end of the week instead terminated the mandate of the Expert Group while enlarging the scope of Samar’s mandate and extending it for a year. Her mandate now includes ensuring follow-up to the recommendations of the Expert Group. She is expected to report back to the Council at its Ninth Session in September 2008.

In its Resolution on Darfur, the Council voiced concern that the country had not implemented recommendations of the Group of Experts and urged the government to implement them. It also expressed concern about impunity for perpetrators of past and ongoing human rights violations in Darfur.

Follow-up to Special Session 5: Burma

Context

On 2 October the Council convened a Special Session on the human rights situation in Burma/Myanmar. It adopted by consensus Resolution S-5/1 criticizing the government of Burma/Myanmar for recent violence and calling for an urgent investigation by the UN Special Rapporteur, Paulo Sergio Pinheiro, into human rights violations during public demonstrations in September and October. Pinheiro was allowed into the country for a brief visit in November 2007.

Presentation of Report

On 11 December, Pinheiro reported on his visit. He noted that the five-day trip could not be considered a “full-fledged mission.”

His findings to date:

Government forces used excessive, disproportionate, and lethal force against civilians.

There is no indication that the government was implementing the recommendations from the October Special Session.

The government showed no signs of ensuring human rights and fundamental freedoms.

At least 31 people had been killed, 74 had "disappeared," and 653 were detained after the protests. The government had obscured the real number of deaths.

Pinheiro urged the government to release anyone still detained and grant amnesty to those sentenced or awaiting trial. He also called for an independent investigation into the killings.

Discussion

The delegate of Burma/Myanmar said the report was “intrusive” and violated national sovereignty. He characterized the government’s actions as “exercising its sovereign right to handle a violent situation,” which he said “should not be construed as a violation of human rights.” He claimed that the government had released all but 80 people detained in connection with the protests. He also indicated that the witness accounts in the Special Rapporteur’s report were unreliable.

Several states expressed concern and criticism about the ongoing situation in Burma and echoed Pinheiro’s comments about the government’s failure to implement Resolution S-5/1. States noted continuing arbitrary arrests and detention, torture, disappearances and forced labor. However, this discussion reportedly differed markedly from the Special Session of the Council in October. During that Session many States called for decisive action from the government of Burma/Myanmar. Some States that were critical of the government at that time were either less demanding in their statements in this discussion or did not speak at all.

Other States pointed to cooperation by the government, stating that the human rights situation had improved, that this issue was an internal concern only, and that the creation of a commission of inquiry would duplicate the work of the Special Rapporteur and “politicize” the situation.

The delegate of Portugal proposed adopting a new resolution to react to the report. The resolution should: request the Special Rapporteur to continue in his role, urge the government to implement the recommendations in Pinheiro’s report, and commit the Council to providing Pinheiro with a support team for visits.

Decision

The EU introduced a draft that had been reviewed in consultations ahead of time.

The Council adopted by consensus a resolution that:

Requested the Special Rapporteur to conduct a follow-up mission to Burma as soon as possible “to monitor the implementation of the present resolution.” The mission should result in a more detailed assessment of ongoing HR violations;

Expressed ”deep concern” regarding the report’s findings;

Reiterated several of its previous recommendations to the government and urged their implementation, including ringing to justice the perpetrators of recent human rights violations, releasing political prisoners, and protecting the freedoms of assembly, association, opinion and expression;

Renewed its call for full cooperation with humanitarian organizations;

Requested the Office of the High Commissioner for Human Rights (OHCHR) to provide a support team, with the necessary expertise, for the Special Rapporteur’s visit;

Requested a report from him at the Council’s Seventh Session (3-28 March 2008).

Other Outcomes

Rights of Indigenous Peoples

At the first part of the Sixth Session in September, the Council had agreed to terminate the mandate of the Working Group on Indigenous Populations, and decided to delay deciding on the most appropriate mechanisms to continue the work of the Working Group (due to the GA’s recent adoption of the Declaration on the Rights of Indigenous Peoples and the need for more time to consider the implications of the declaration).

After early December discussion (proposed by Bolivia), the Council at the resumed Sixth Session agreed to create the Expert Mechanism on the Rights of Indigenous Peoples. The Mechanism consists of five independent experts. The resolution recommends the inclusion of indigenous member experts. The Mechanism’s creation follows on the adoption of the Declaration on the Rights of Indigenous Peoples by the UN General Assembly in September. The Declaration did not include a mechanism for addressing specific violations of indigenous rights; the expert mechanism is to provide practical ways to address violations. Participation is open to states, UN agencies, NGOs and indigenous peoples’ organizations, among others.

The Expert Mechanism is expected to:

Allow for better coordination of efforts to defend indigenous peoples’ rights among various UN bodies, experts, agencies and treaty monitoring bodies;

Accept proposals from indigenous groups for how the Council, member states, and the UN as a whole can implement the declaration; and

Make recommendations for implementing remedies for human rights abuses.

Human Rights of Women and Integrating a Gender Perspective

The Council also adopted a resolution on integrating the human rights of women throughout the United Nations system. It dedicates at least a full day annually to discussion of the human rights of women and decides to hold an annual discussion of the integration of a gender perspective throughout the Council's work.

Civil Society Events

Civil society groups and non-governmental organizations held several events during Session 6, including:

Panel discussion presented by the American Society of International Law: “Re-examining International Responsibility: Inter-state Complicity in the Context of Human Rights Violations”;

Panel discussion: “Beyond Guantánamo: Protecting Human Rights while Countering Terrorism”;

Meeting organized by Arab Bureau for Human Rights: “NGOs, NHRIs and the UPR: Strengthening promotion of human rights in Arab countries.”

In early November the OHCHR announced that it had established a Civil Society Unit to act as the main focal point for relations with civil society actors. The Unit’s aim is to catalyze stronger “strategic partnerships with civil society actors, to increase access of rights holders to the UN HR mechanisms, bodies and the Office, to provide technical tools and advice to NGOs and to OHCHR colleagues working directly with civil society actors.” Its work plan and priorities for 2008-09 were expected to be released in December.

Coming Up

Special Session 6: “Human rights violations emanating from Israeli military incursions in the Occupied Palestinian Territories” - 23 January 2008. (More information is forthcoming in next Latest Development.)

Appointment of Mandate-holders for Special Procedures: The Consultative Group on candidates for mandate holders of the Special Procedures is accepting applications until 28 January, for consideration at Session 7 (3-28 March 2008). The Council will appoint several new mandate holders in March. The list of vacancies – current mandate-holders that will need to be replaced – covers eleven mandate-holders who have exceeded their six-year tenure, two who have resigned, and one newly established mandate.

The appointment process invites NGOs to make nominations, and Amnesty International has issued an urgent call for highly qualified candidates; it also developed a checklist for the technical and objective requirements for eligibility. Names of candidates may be sent for inclusion on the Public List from which the mandate-holders will be selected. Click here for the Information Note on Submission of Candidates for Special Procedures. The nomination form is available in all UN languages here.

Universal Periodic Review (UPR): The first meeting of the Working Group on the UPR will take place from 7-18 April 2008. The WG will review 16 countries during this session. The second session will be held from 5-16 May 2008, at which the WG will review 16 more countries. The deadlines for NGO input to the second session are: 25 January for Gabon, Ghana, Peru, Guatemala, Benin, and South Korea; and 8 February for Switzerland, Pakistan, Zambia, Japan, Ukraine, Sri Lanka, France, Tonga, Romania, and Mali. More information on the upcoming sessions of the Universal Periodic Review is forthcoming in a subsequent Latest Development.

HRC Session 7 (3-28 March 2008): On the program of work: Election of the members of the HRC Advisory Committee; Interactive Dialogues – 26 reports of mandate-holders of Special Procedures; Other reports - Report of the SR on the situation of HR in DPRK, Report of the SR on the situation of HR in Myanmar, Report on the follow-up to the outcomes of Special Sessions 1 and 3 (on human rights violations in occupied Arab and Palestinian territories); Report of the Complaint Procedure

Additional Documents

Human Rights Council – Draft Programme of Work for Second Cycle (2007-2008) (12 December 2007)

Forum-Asia — Update: Asian Issues Figure Prominently in Sixth Session (15 December 2007)

Amnesty International — Statement on Session Six: Promise for Future Haunted by Past Ghosts (25 December 2007)

(Concerns, excerpted:

“The focus on decision-making by consensus on Sudan led the Council to affirm progress in the protection of human rights in Darfur in manifest contradiction with the analysis of the Council's own experts, who have found little improvement of the situation of human rights in Darfur.”

“The developing human rights crisis in Sri Lanka received only superficial attention. The assault on the rule of law in Pakistan was scarcely mentioned. The Council membership essentially abdicated responsibility for the negotiation of a resolution on the universally important issue of freedom of religion and belief to the European Union and the Organisation of the Islamic Conference. The full Council membership has a duty to ensure that issues of such importance are addressed with commensurate care.”

“The Council has now missed an opportunity to convey to the Government of Myanmar the international community's expectations that actions replace words.”)

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