Council Concludes its Interactive Dialogue with the Special Rapporteur on Trafficking in Persons, Especially Women and Children
The Human Rights Council this afternoon held an interactive dialogue with the Independent Expert on human rights and international solidarity, and started an interactive dialogue with the Special Rapporteur on the rights to freedom of peaceful assembly and of association. The Council also concluded its interactive dialogue with the Special Rapporteur on trafficking in persons, especially women and children.
Obiora Okafor, Independent Expert on human rights and international solidarity, presented his report discussing and annexing a revised draft declaration on the right to international solidarity. The report highlighted the importance of international solidarity as a foundational principle in the promotion and protection of human rights globally. It highlighted the urgent need for international solidarity in responding to humanitarian crises, conflicts and situations of forced displacement, and emphasised the importance of providing assistance and protection to those affected by such challenges, including refugees, internally displaced persons, and people in vulnerable situations.
Mr. Okafor said the revised draft declaration on the right to international solidarity updated the existing draft to respond to important human rights-related developments that had occurred since its preparation. The report to which it was annexed shed light on the link between international solidarity and the achievement of the United Nations' Sustainable Development Goals, including the eradication of poverty, the provision of quality education and healthcare, the promotion of gender equality, and the protection of the environment.
The Independent Expert spoke about his visit to Costa Rica. Costa Rica took the floor as the country concerned.
In the discussion on international solidarity, speakers said achieving the sustainable development of nations required the strengthening, expansion and deepening of international solidarity and the implementation of other equally important commitments that were intrinsically linked to this overarching goal. The world needed much more solidarity and cooperation in order to overcome threats and challenges that were common to all alike. International solidarity must be strengthened through proactive action to fight inequalities within and between countries. Cooperation, solidarity, capacity building and economic complementarity could have a profound impact, whilst respecting the economic and cultural specificities of each State. A number of speakers said capacity building should never be used as a means to interfere with the internal affairs of other States.
Speaking were Venezuela on behalf of a group of countries, Lebanon on behalf of a Group of Arab States, Côte d'Ivoire on behalf of a Group of African States, Venezuela on behalf of a group of countries, Egypt, Iraq, Maldives, Malaysia, Syria, Venezuela, Cameroon, South Africa, Togo, Pakistan, India, Bangladesh, Malawi, China, Djibouti, Senegal, Mauritania, Cuba, Russian Federation, Algeria, Bolivia, Tunisia, Rwanda, Cambodia, Lebanon and Iran.
Also speaking were Associazione Comunita Papa Giovanni XXIII, Rahbord Peimayesh Research and Educational Services Cooperative, International Youth and Student Movement for the United Nations, United Nations Association of China, Organisation internationale pour les pays les moins avancés, Medical Support Association for Underprivileged Iranian Patients, Youth Parliament for SDG, China NGO Network for International Exchanges, Center for International Environmental Law, and Stichting Global Human Rights Defence,
The Council also started an interactive dialogue with the Special Rapporteur on the rights to freedom of peaceful assembly and of association.
Clément Nyaletsossi Voule, Special Rapporteur on the rights to freedom of peaceful assembly and of association, said there was an ongoing lack of accountability and climate of impunity for abuses of the rights to freedom of peaceful assembly and of association around the world. Hundreds of persons had been arbitrarily detained, tortured, subjected to sexual and gender-based violence, forcibly disappeared and killed. Victims rarely received justice, while the perpetrators remained free from prosecution. To reverse this situation of endemic impunity, Mr. Nyaletsossi Voule urged States to acknowledge and publicly condemn any abuses against all those exercising the rights to freedom of peaceful assembly and association; to bring regulatory frameworks into line with international human rights standards; to ensure effective investigations and prosecute those with command responsibilities for their acts or omissions; to provide all victims of serious abuses with full and adequate reparations; to offer public apology and memorials; and to develop and implement adequate reforms aimed at facilitating these freedoms.
Mr. Nyaletsossi Voule also presented his reports on the importance of ensuring the enjoyment of the rights to freedom of peaceful assembly and of association by workers in the informal economy, on his General Principles and Guidelines on Ensuring Civil Society Organizations' Right to Access Resources, and on his country visit to Brazil.
Brazil spoke as a country concerned.
In the discussion on peaceful assembly and association, speakers, among other things, said ending impunity for violations to the rights to freedom of peaceful assembly and association should be a priority for the international community. Many speakers said the rights to freedom of peaceful assembly and association were under serious threat today. There was a lack of political will to determine accountability and fight impunity in certain States, where there was a heightened level of repression and serious violations of protesters' rights. Many speakers said that peaceful protests promoted debate and a healthy democracy. All persons had the right to peaceful assembly and association. States needed to refrain from abusing the rights of peaceful protesters. Some speakers said laws regulating protests should not be used to silence protesters or violate the right to freedom of assembly.
Speaking were Lithuania on behalf of a group of countries, Czech Republic, European Union, Israel, Egypt, Peru, Luxembourg, Armenia, Costa Rica, Belgium, United Nations Children's Fund, Netherlands, France, Indonesia, Iraq, Colombia, United States, Maldives, United Kingdom, State of Palestine, Ireland, South Africa, Pakistan, India, Malawi, China, Switzerland, Cuba, Russian Federation, Algeria, Montenegro, Tunisia, Vanuatu, Belarus, Cambodia, Iran, Zambia, Botswana and Afghanistan.
Also speaking was Commission nationale independente des droits de l'homme (Burundi).
At the beginning of the meeting, the Council concluded its interactive dialogue with the Special Rapporteur on trafficking in persons, especially women and children, which started in the previous meeting.
Siobhán Mullally, Special Rapporteur on trafficking in persons, especially women and children, in concluding remarks, said that as preparations were underway for the Global Refugee Forum, she highlighted pledges for responsibility sharing. Asylum was a universal right, which should be enjoyed without discrimination. The prevention of trafficking in persons and the protection of persons at risk were essential for peace building. The prevention of trafficking required the realisation of rights: economic, social and cultural rights and civil and political rights, and the commitment to the realisation of the Sustainable Development Goals.
In the discussion on trafficking in persons, speakers said human trafficking was one of the prevailing menaces of our time. The world continued to experience high levels of trafficking. The recent incident occurring in the Mediterranean Sea was an example of the risks posed to migrants, and a stark reminder of the need to protect such migrants. Conflict, displacement and limited access to asylum led to increased risk of refugees and internally displaced persons becoming victims of trafficking. Measures to identify potential victims of trafficking were needed. Awareness-raising and capacity-building programmes for officials were also needed to strengthen efforts to combat trafficking.
Speaking in the discussion were Lesotho, Azerbaijan, Saudi Arabia, Belarus, Philippines, Panama, Bangladesh, Nigeria, Bulgaria, Cambodia, Iran, Ukraine, Syria, Zambia, Dominican Republic and Kazakhstan.
Also speaking were Commission nationale des droits de l'homme (Burundi), Global Alliance Against Traffic in Women, Helsinki Foundation for Human Rights, World Evangelical Alliance, Anti-Slavery International, International Dalit Solidarity Network, International Lesbian and Gay Association, Associazione Comunita Papa Giovanni XXIII, Partners For Transparency, Defence for Children International, China Society for Human Rights Studies, Promotion du Développement Economique et Social, and Association "Paix" pour la lutte contre la Contrainte et l'injustice.
Speaking at the end of the meeting in right of reply were Russian Federation, China, Israel, Ukraine and Cambodia.
The webcast of the Human Rights Council meetings can be found here. All meeting summaries can be found here. Documents and reports related to the Human Rights Council's fifty-third regular session can be found here.
The Council will next meet at 10 a.m. on Friday, 30 June when it will hold the first part of the annual discussion on women's rights. It will then continue the interactive dialogue with the Special Rapporteur on the rights to freedom of peaceful assembly and of association, followed by an interactive dialogue with the Special Rapporteur on extreme poverty and human rights.
Interactive Dialogue with the Special Rapporteur on Trafficking in Persons, Especially Women and Children
The interactive dialogue with the Special Rapporteur on trafficking in persons, especially women and children, started in the previous meeting.
Discussion
In the discussion, some speakers, among other things, said human trafficking was one of the prevailing menaces of our time. The world continued to experience high levels of trafficking. The recent incident occurring in the Mediterranean Sea was an example of the risks posed to migrants, and a stark reminder of the need to protect such migrants.
Conflict, displacement and limited access to asylum led to increased risk of refugees and internally displaced persons becoming victims of trafficking. Measures to identify potential victims of trafficking were needed. Awareness-raising and capacity-building programmes for officials were also needed to strengthen efforts to combat trafficking.
Women and children often suffered the most from trafficking. Appropriate rehabilitation of trafficking victims, particularly women and children, was crucial. Such victims needed access to shelter, healthcare, education and psychosocial support. There was more to be done to ensure that the current framework for preventing trafficking provided sufficient protections to vulnerable groups.
States had an obligation to allocate resources to prevent human trafficking. States should ratify the conventions on refugees and statelessness. The key to eliminating the phenomenon was to effectively organise the efforts of stakeholders. One speaker invited the Special Rapporteur to focus on restrictions imposed by the West that increased the risk of vulnerable groups becoming victims of trafficking.
Some speakers reported on national measures to promote the integration of victims of trafficking into society; to devise laws combatting trafficking; and to protect the rights of domestic workers to prevent them from becoming victims.
Intermediary Remarks
SIOBHÁN MULLALLY, Special Rapporteur on trafficking in persons, especially women and children, called for a full and effective investigation into the sinking of the ship in the Mediterranean Sea that caused the death of many migrants. Victims of trafficking could also be victims of terrorism, and the international community should recognise the various forms of this when terrorists terrorised communities. Victims of trafficking recruited and used by terrorist groups should not be punished; they should be repatriated and given support. Recognising the need for planned relocation, humanitarian visas and safe pathways for the forcibly displaced should be integrated into policies. The sectors that contributed negatively to climate change were often those which were involved in forced labour, such as mining and fishing.
Unaccompanied children required a protective environment, non-discrimination and rights-based family reunification, as well as non-punishment for those in irregular situations. There were good practices, such as the establishment of task teams and focal points working on anti-trafficking measures - they required greater resources to ensure the provision of shelter, assistance and long-term assistance. Accountability for trafficking in conflict situations should be ensured, and this would be the focus of her upcoming report. The international community should recognise the obligations that arose during interception and rescue at sea to assist those who could be the victims of trafficking. On survivor-led responses, these should be properly led and resourced, they should not be ad hoc. There should be access to justice for those reporting trafficking, and access to protection. There should be non-discrimination in the provision of services to lesbian, gay, bisexual, transgender plus persons who were victims of trafficking. States should pledge to expand resettlement opportunities, and complementary pathways for family reunification and work, thus reducing risks of trafficking.
Discussion
Continuing the dialogue, speakers, among other things, said trafficking in persons was an unacceptable violation of human rights that affected millions. Risks to human rights posed by trafficking were exacerbated by the actions of terrorist groups. Human trafficking was unlikely to be curbed without addressing its root causes, one speaker said. The international community needed to invest more in anti-trafficking measures. Some speakers mentioned situations in specific States where vulnerable groups were placed at increased risk of trafficking, calling for action to protect those groups.
A number of speakers expressed their commitment to combatting trafficking and providing appropriate support for victims. They called on all States to cooperate to prevent and combat human trafficking. Additional support was required for States that hosted a high number of refugees. States needed to criminalise all forms of trafficking.
It was necessary to place victims at the heart of all actions to prevent trafficking. Girls faced discrimination within education institutions and in the home in some regions. Such discrimination placed them at increased risk of trafficking. The rights of women and girls needed to be recognised and protected by States working to prevent trafficking. The lesbian, gay, bisexual, transgender and intersex plus community was also at increased risk of trafficking due to the discrimination they faced. Governments needed to prevent discrimination of this community.
Workers at border facilities needed training to identify and assist refugees and migrants who were at risk of trafficking. In many cases, law officials lacked the capacity to identify trafficking occurring in the digital space. More effort needed to be invested in preventing trafficking in the digital space.
Many speakers expressed support for the findings of the Special Rapporteur's report. One said that unilateral coercive measures negatively affected migrants, putting them at increased risk of trafficking, urging the Special Rapporteur to focus on this issue. Some speakers called on the Special Rapporteur to focus on measures to protect women affected by trafficking and to facilitate their access to justice.
A number of speakers reported on national measures to establish crisis centres for children; to develop legal and policy instruments to combat trafficking; to promote international cooperation on preventing trafficking and protecting victims; to raise awareness about crimes of trafficking and their modus operandi; to promote the benefits of legal migration; to establish commissions for follow-up and dialogue with victims of trafficking; and to provide capacity support to border officials to prevent and respond to child trafficking.
Questions were asked on the Special Rapporteur's recommendations on preventing trafficking in developed countries; and on how the Special Rapporteur would address the risks of trafficking faced by lesbian, gay, bisexual, transgender and intersex persons.
Concluding Remarks
SIOBHÁN MULLALLY, Special Rapporteur on trafficking in persons, especially women and children, said with regard to statelessness, the issues and risks of this were highlighted in the report and in statements made on the outbreak of conflict in Ukraine. It was essential to end and reduce statelessness, and to take steps to ensure the rights of children to a nationality. On non-penalisation for those seeking asylum, this was highlighted in the report, and included those who were victims of trafficking. She thanked the Governments of Bangladesh and South Sudan and looked forward to working with them.
As the preparations were underway for the Global Refugee Forum, she highlighted pledges for responsibility sharing. Asylum was a universal right, which should be enjoyed without discrimination. The Universal Declaration of Human Rights also prohibited slavery and trafficking in persons. The prevention of trafficking in persons and the protection of persons at risk was essential for peace building. The prevention of trafficking required the realisation of rights: economic, social and cultural rights and civil and political rights, and commitment to the realisation of the Sustainable Development Goals.
Interactive Dialogue with the Independent Expert on Human Rights and International Solidarity
Reports
The Council has before it the report of the Independent Expert on human rights and international solidarity, entitled Revised draft declaration on human rights and international solidarity(A/HRC/53/32). There are two addenda to the report, on the Independent Expert's Visit to Costa Rica (A/HRC/53/32/Add.1), and the Comments by the State to that visit (A/HRC/53/32/Add.2).
Presentation of Reports
OBIORA OKAFOR, Independent Expert on human rights and international solidarity, said he was addressing the Council for the last time following a very fruitful and enriching six years. He was presenting today his 2023 report discussing and annexing a revised draft declaration on the right to international solidarity. The report highlighted the importance of international solidarity as a foundational principle in the promotion and protection of human rights globally. The main reason for revising the pre-existing draft declaration was to update the existing draft to respond to important human rights-related developments that had occurred since its preparation. The report to which it was annexed shed light on the link between international solidarity and the achievement of the United Nations' Sustainable Development Goals, including the eradication of poverty, the provision of quality education and healthcare, the promotion of gender equality, and the protection of the environment.
The report underlined the process adopted in preparing this revised draft declaration, and emphasised the interdependence of human rights and the crucial role that solidarity played in their realisation. It reaffirmed the importance of cooperation, mutual support and collective action among States, organizations and individuals in advancing all human rights for everyone the world over. It highlighted the urgent need for international solidarity in responding to humanitarian crises, conflicts, and situations of forced displacement, and emphasised the importance of providing assistance and protection to those affected by such challenges, including refugees, internally displaced persons, and people in vulnerable situations. Embracing international solidarity demanded concrete actions and genuine commitment from all.
The main objective of the visit to Costa Rica was to learn more about, and gain first-hand understanding of, issues relating to the experience and practice of international solidarity in Costa Rica, including positive efforts that had been made in that direction and the remaining challenges. These included - but were not limited to - development cooperation, climate change and protection of the environment, coronavirus disease (COVID-19), and issues that had at the time been arising from the pandemic, including cross-border migration, refugee issues and social inclusion within Costa Rican society. The Special Rapporteur commended the Government, the international agencies present in the country, and civil society for having endorsed and demonstrated a very high commitment over the years to the concept and practice of human rights-based international solidarity, in line with their long tradition of human rights and rule of law. The efforts made to express human rights-based solidarity should also extend even more to all the parts of the country, especially rural regions, and to the various groups that constituted the rich multi-ethnicity of Costa Rican society, including indigenous peoples, persons of African descent, women, lesbian, gay, bisexual, transgender and intersex persons, migrants, and refugees.
Statement by Country Concerned
Costa Rica, speaking as a country concerned, appreciated the Independent Expert's analysis and recognition of national efforts to incorporate the international human rights framework into its legal system. Costa Rica had a democratic system which fostered social protection, the rule of law, peace and the protection of the environment. Costa Rica faced increased levels of inequality and poverty. The Government was committed to increasing employment rates, combatting informal employment and introducing effective measures to reduce the cost of living. Costa Rica's institutions were promoting participation in development cooperation schemes at the multilateral level.
Racism, structural discrimination and violence towards specific populations were present within Costa Rica, and the Government was working to overcome these issues to ensure the true inclusion of all people. Gender-based violence was another issue that the Government was tackling through legislation against trafficking and harassment, and policies promoting education. In closing, Costa Rica reiterated its commitment to its international human rights obligations and to promoting international solidarity.
Discussion
In the ensuing discussion, some speakers said, among other things, that achieving the sustainable development of nations required the strengthening, expansion and deepening of international solidarity and the implementation of other equally important commitments that were intrinsically linked to this overarching goal, particularly with regards to mother nature and the need to urgently change the current system of consumption and production towards sustainable patterns. The United Nations remained a central and indispensable forum for addressing and advancing issues relating to international cooperation for economic development and social progress, peace and security, peaceful settlement of disputes, human rights and the rule of law, on the basis of dialogue, cooperation and consensus-building approaches amongst States.
Some speakers said the world needed much more solidarity and cooperation; members of the international community should revive the spirt of unity, solidarity, cooperation, inclusivity, and mutual understanding that prevailed at the San Francisco Conference of 1945, which was needed today the most, in order to overcome threats and challenges that were common to all alike. International solidarity was a fundamental instrument to face challenges such as the COVID-19 emergency and natural disasters. International solidarity must be strengthened through proactive action to fight inequalities within and between countries. Cooperation, solidarity, capacity building and economic complementarity could have a profound impact, whilst respecting the economic and cultural specificities of each State. This would also work towards strengthening human rights.
A number of speakers said capacity building should never be used as a means to interfere with the internal affairs of other States. The right to development and international solidarity were part of States' means to achieve the full development of the rights of their citizens. It was not possible to achieve international solidarity of all kinds unless there was international cooperation through the four pillars. The fulfilment of inalienable rights required an appropriate international environment and commitment to the achievement of these rights.
The concept of international solidarity had been a recurring theme in global agreements, due to its advantages at many levels. The protection and promotion of human rights required both domestic and international efforts working in unison and harmony. The revised draft declaration on the right to international solidarity covered wide-ranging issues in preventing and overcoming global challenges such as health emergencies, environmental degradation, climate change, armed conflict, forced migration, trafficking of persons, poverty in all its forms and dimensions, including extreme poverty, food insecurity and others.
International solidarity was fundamental for the protection, promotion and achievement of all human rights, including not least the right to development. It must be founded on the principles and values of social justice and equity, guaranteeing the integrity of the society of nations. Unilateral coercive measures undermined international solidarity, a speaker pointed out, as they increased inequality. There was a need for further commitment from international actors to ensure that international solidarity became a global truth.
Among the questions raised were: what were the next steps envisaged to adopt the draft declaration on international solidarity; what was the Independent Expert's view on how international solidarity could be strengthened in addressing the divisive positions on the right to development; and what more could developing countries do to bridge this gap to work together towards a fairer and more equal world for all.
Intermediary Remarks
OBIORA OKAFOR, Independent Expert on human rights and international solidarity, welcomed the sentiments expressed by States. International solidarity was especially important given current global circumstances. He welcomed support expressed for the draft declaration on international solidarity. The world was a global village, and all inhabitants had responsibilities to support each other.
Mr. Okafor said international solidarity could be strengthened through more concrete action. This was highlighted during the COVID-19 pandemic, when concrete action on vaccine solidarity had been a priority. Multilateralism was much preferred in efforts promoting international solidarity. One of the key features of the draft declaration on international solidarity was that it encouraged States to develop indicators to assess their contributions to international solidarity. There was work ongoing to revise the international health sector in which the concept of international solidarity was being incorporated.
Discussion
Continuing the discussion, some speakers said the report thoroughly discussed the obstacles to accepting the draft declaration on the right to international solidarity, however, the right had already met all requirements. The Independent Expert had maintained a highly consultative process in the draft, and it was encouraging that the proposed right had already attracted broad international support. The international community would be broadly dysfunctional without endorsing the right to international solidarity. The revised draft declaration could be adopted by the Council through an inter-governmental process. The Independent Expert's efforts in revising the draft declaration over the past year were commended by many speakers. The sound development of the international human rights course required solidarity rather than division, cooperation rather than confrontation. International solidarity was not only a right, but also a duty. All countries should abide by the purposes and principles of the Universal Declaration of Human Rights, and carry out human rights exchanges and cooperation, jointly combat politicisation and instrumentalisation of human rights, and respond to human rights abuses with concrete action.
The new reality, including climate change, population migration, and far-right politicisation showed the need for this new declaration, a speaker said. There was a need for the international community to commit to increased international solidarity, taking into account States' capabilities to react to crises, which impacted most heavily on the most vulnerable. The draft declaration was an essential instrument to overcome climate change, armed conflict, and extreme poverty. The re-structuring of debt was part of good practices in international solidarity. International cooperation played an important role in the Sustainable Development Goals of 2030: international solidarity was ever more important in that context. Collaboration and collective work were required ever more to achieve these Goals and achieve human rights for all.
Some speakers said that an international environment that led to the realisation of the Universal Declaration of Human Rights was what was needed. International solidarity must be based on respect and must be in compliance with the United Nations Charter, whilst respecting the territorial integrity of States and their economic and cultural specificities. The protection and guarantee of the right to life were challenged by egotistical tendencies. To overcome the challenges facing the world required constructive de-politicised cooperation; unfortunately, a speaker said, some countries sought to undermine the international human rights system and reshape it in their interests. Human rights could not be protected through the use of unilateral coercive measures.
Mankind lived in a period of seismic transformations and changes at all levels and whose outcomes were difficult to predict. The current upheavals could easily usher in widening inequality, less cooperation, more instability, more poverty, more global catastrophes, and the undermining of the relevance of international institutions unless the international community committed to a new approach to international relations where solidarity was paramount. International cooperation in the field of human rights must be in coordination with all countries and in line with their needs, a speaker said. The goal of international solidarity was to eliminate and do away with inequalities between and within States, and build a fairer world.
Concluding Remarks
OBIORA OKAFOR, Independent Expert on human rights and international solidarity, said he was grateful for the kind words expressed regarding his work. The mandate welcomed Malawi's invitation to visit the country. Mr. Okafor urged States to contribute to elaborating the next resolution and the draft declaration on international solidarity. He had provided actionable recommendations aimed at preventing the politicisation of the issue.
The proposed right to international solidarity was not inherently like other human rights. Economic, social and cultural rights did not look like civil and political rights. Human rights had traditionally been envisioned as civil and political rights. Mr. Okafor argued that there was nothing that prevented other types of human rights from being elaborated. The right was not vaguer than the right to democracy, for example. It was a composite right that took on different meanings in different contexts. Mr. Okafor urged States to read his report in detail.
VÁCLAV BÁLEK, President of the Human Rights Council, said that Mr. Okafor's term as Independent Expert on human rights and international solidarity had come to an end. He expressed, on behalf of the Council, deep appreciation for the valuable contributions he had made to the work of the Council and wished him all the best for his future endeavours.
Interactive Dialogue with the Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association
Reports
The Council has before it the reports of the Special Rapporteur on the rights to freedom of peaceful assembly and of association, entitled Advancing accountability for serious human rights violations related to the exercise of the rights to freedom of peaceful assembly and of association (A/HRC/53/38). There are two addenda to the report, on the Special Rapporteur's Visit to Brazil (A/HRC/53/38/Add.1) and the Comments by the State to that visit (A/HRC/53/38/Add.2).
The Council also has before it the reports of the Special Rapporteur on the rights to freedom of peaceful assembly and of association on Advancing the rights of freedom of peaceful assembly and of association of workers in the informal economy (A/HRC/53/38/Add.3), and on General principles and guidelines on ensuring the right of civil society organizations to have access to resources (A/HRC/53/38/Add.4)
Presentation of Reports
CLÉMENT NYALETSOSSI VOULE, Special Rapporteur on the rights to freedom of peaceful assembly and of association , said he was presenting several reports which addressed ongoing and emerging challenges that severely restricted the exercise of the rights to freedom of peaceful assembly and of association. He urged States to implement the recommendations contained in these reports to effectively protect these rights.
His first report on advancing accountability and ending impunity for serious human rights violations related to the exercise of the rights to freedom of peaceful assembly and of association, reiterated that access to justice was an integral part of the protection of these rights. There was an ongoing lack of accountability and climate of impunity for abuses of these rights around the world. Hundreds of persons had been arbitrarily detained, tortured, subjected to sexual and gender-based violence, forcibly disappeared and killed. Victims rarely received justice, while the perpetrators remained free from prosecution. There were many barriers for achieving effective accountability for these serious violations, including lack of adequate recognition of the rights to freedom of peaceful assembly and of association; misuse of security laws and measures to give excessive power to law enforcement, and granting them with immunity or pardons for abuses; the use of forces outside the law enforcement command structure to police assembly; and the instrumentalisation of the criminal justice system to prosecute activists and shield perpetrators.
To reverse this situation of endemic impunity, Mr. Nyaletsossi Voule urged States to acknowledge and publicly condemn any abuses against all those exercising these rights; to bring regulatory frameworks into line with international human rights standards; to ensure effective investigations and prosecute those with command responsibilities for their acts or omissions; to provide all victims of serious abuses with full and adequate reparations; to offer public apology and memorials; and to develop and implement adequate reforms aimed at facilitating these freedoms. States should respond in a timely and pre-emptive manner to serious abuses against activists and protesters. Mr. Nyaletsossi Voule welcomed steps taken by States to address serious abuses related to the exercise of these freedoms, including establishing commissions of inquiry, truth commissions and other transitional justice mechanisms. However, these often failed to address the needs of victims and to provide effective accountability. Much more needed to be done.
Mr. Nyaletsossi Voule's second report focused on the importance of ensuring the enjoyment of the rights to freedom of peaceful assembly and of association by workers in the informal economy. Workers' rights to freedom of peaceful assembly and association were poorly respected in many countries around the world. The situation was even worse for workers in the informal economy, who often faced additional limitations on their enjoyment of these rights. The COVID-19 pandemic had deepened these existing restrictions. Supporting the rights of workers in the informal economy required removing existing restrictions and enabling the equal participation of such workers in institutions designed to promote their voices. The report offered recommendations and additional steps to be taken by States to ensure the enjoyment of these rights by workers in the informal economy.
Mr. Nyaletsossi Voule also presented his General Principles and Guidelines on Ensuring Civil Society Organizations' Right to Access Resources. He expressed hope that these Guidelines would serve as the basis for a renewed commitment and partnership between States, donors, banks, multilateral institutions and civil society to create the best possible enabling environment for civil society's right to access the resources needed to carry out their missions. These Guidelines provided practical tools for States as well as other relevant stakeholders, such as the donor community, multilateral entities working on issues of counterterrorism and anti-money laundering, banks, financial institutions and national human rights institutions.
Mr. Nyaletsossi Voule said that from 28 March to 8 April 2022, he conducted a country visit to Brazil. He was deeply concerned with the high level of violence against human rights defenders, women, lesbian, gay, bisexual, transgender and intersex communities, Quilombolas, Afro-Brazilians and indigenous peoples and leaders. He called on the Government to ensure these groups were enabled to safely exercise their rights to freedom of peaceful assembly and association without fear of persecution, or any kind of discrimination. The Brazilian authorities needed to develop a unified protocol for law enforcement officials aimed at enhancing the facilitation of peaceful protests, in compliance with international standards. Authorities needed to guarantee adequate access to justice and accountability for abuses faced by activists and protesters. The Brazilian authorities needed to also ensure that counterterrorism laws and the new national security law were in line with international human rights norms and standards. He welcomed measures undertaken by the new Government to strengthen democracy, such as the resumption of the activities of the national councils.
Mr. Nyaletsossi Voule also conducted a country visit to Peru from 8 to 17 May 2023. Victims of the recent repression of peaceful protests should be provided with adequate remedies and reparation. To overcome the ongoing social and institutional crisis in Peru, it was important to address the root causes of protests and to ensure consensual and inclusive political reform.
Mr. Nyaletsossi Voule said he had sent 174 communications to States and non-State actors, from 16 April 2022 to 15 April 2023, and received 94 responses over the same period. He would continue to collaborate with the Council and other United Nations actors to translate commitments into concrete actions and results.
Statement by Country Concerned
Brazil, speaking as a country concerned, commended the Special Rapporteur's thorough and in-depth report. This year, the Brazilian Government was working on initiatives that reinforced its traditional commitment to human rights and to the implementation of international human rights obligations. Many of the issues highlighted in the report were structural and remained major challenges. However, the current political context in Brazil substantially differed from that in 2022, during the visit of the Special Rapporteur to the country, and it was now undergoing a process of profound reconstruction of its human rights policies, recognising and paying special attention to the vulnerable situation of historically discriminated persons, including persons of African descent, women, indigenous peoples, Quilombolas, people living on the streets, and lesbian, gay, transgender, queer, intersex plus persons.
Brazil was convinced that the process of strengthening the Brazilian democracy necessarily involved the protection of the rights to freedom of peaceful assembly and association, and for this purpose would ensure the substantial participation and engagement of civil society in decision-making processes, guaranteeing a safe and harassment-free environment for their work, and promoting the full and free exercise of political activity, especially for marginalised populations. Brazil appreciated the Special Rapporteur's recommendations and believed that the promotion and protection of the rights to freedom of peaceful assembly and association played a key role in a vibrant democracy.
Discussion
In the ensuing dialogue, speakers, among other things, said ending impunity for violations of the rights to freedom of peaceful assembly and of association should be a priority for the international community. Many speakers said these rights were under serious threat today. There was a lack of political will to determine accountability and fight impunity in certain States, where there was a heightened level of repression and serious violations of protesters' rights. Some speakers pointed at specific cases in States where the rights to freedom of peaceful assembly and of association were violated, calling for the Special Rapporteur to study these cases and recommend response measures.
Some speakers expressed deep concern regarding human rights violations suffered by children who participated in protests. Member States needed to ensure that children could participate peacefully in protests. Child-friendly complaint mechanisms needed to be created to provide child victims with access to remedies.
Women, lesbian, gay, bisexual, transgender and intersex persons, and other minority groups were also adversely affected by violations of their right to peaceful assembly. These groups needed to be placed at the heart of the development of initiatives to promote the right to peaceful assembly and accountability. States needed to ensure accountability for serious human rights violations.
Digital tools such as biometric identifiers were being used by States to track persons who exercised their right to peaceful assembly. This was a severe violation of their human rights. State authorities needed to refrain from intimidating and tracking peaceful critics using digital tools, and promote freedom of expression in online fora.
Many speakers said that peaceful protests promoted debate and a healthy democracy. All persons had the right to peaceful assembly and association. States needed to refrain from abusing the rights of peaceful protesters. The role of monitors and journalists to hold authorities to account needed to be protected, and the negative stigmatisation of peaceful protestors needed to end. States needed to fight impunity and ensure accountability for violations.
A number of speakers expressed support for the Special Rapporteur's mandate and for the conclusions presented in his reports. They echoed his call to promote accountability for human rights violations against persons exercising the rights to freedom of peaceful assembly and of association.
Some speakers reported on national measures to prevent and guarantee accountability for violations occurring during social protests; to legally recognise the right to peaceful assembly; to provide redress to victims of abuses; to ensure protections for demonstrators; to train law enforcement units to not use inappropriate force in responding to demonstrations; and to foster conducive environments for civic engagement.
Questions were asked on measures to strengthen cooperation to advance accountability; on how the Council could contribute to advancing accountability and implementing the Special Rapporteur's recommendations; on best practices to overcome and deter violations of the rights to freedom of assembly; on methods of preventing peaceful protestors from being labelled as terrorists; on future steps to strengthen civil society's ability to access resources; on how the international community could support civil society to promote accountability; on means of protecting human rights defenders in crisis situations; on methods of strengthening protections against impunity; and on national and regional initiatives for strengthening the rights to freedom of peaceful assembly and association.
Intermediary Remarks
CLÉMENT NYALETSOSSI VOULE, Special Rapporteur on the rights to freedom of peaceful assembly and association, said most speakers recognised the value and importance of the reports. It was important for the international community and Member States to do their best to ensure that these violations ended, as did the cycle of impunity. The lack of accountability delegitimised the Council's work before the victims: it was vital for victims to trust the Council to call upon all States to implement the recommendations in the reports and to recognise that this right was fundamental, the foundation of development, democracy and peace. It was important for States to ensure that victims had access to remedy and reparation. He thanked Brazil for recognising that his recommendations helped the State to set up a road map for change.
The Human Rights Council had a role to play when States were not willing to offer reparations at the national level, and it must step in. The challenge was then to ensure that all evidence that was collected could be used by individual States, either through their national jurisdiction, universal jurisdiction, or through regional courts. The Council must hold discussions with regional courts and ensure that issues that were identified and where there was repression of the freedom of peaceful assembly and violation of human rights, that the latter were empowered to prosecute cases. With regard to when protestors were labelled as terrorists, it was important to change the narrative to ensure that peaceful protestors were no longer mis-portrayed. It was important to redefine terrorism at the national level from vague definitions. There was a global restriction of civic space, and there needed to be global solutions. It was important to remove barriers to women exercising their rights of peaceful assembly and association, and fight hate speech and harassment both online and offline in this regard. The Council must continue to support the mandate.
Discussion
Continuing the dialogue, many speakers, among other things, said the rights to freedom of peaceful assembly and of association were essential to a healthy democracy and pledged their dedication to upholding these rights. States needed to respect and protect the rights to peaceful assembly and association, ensure access to justice, and strengthen accountability processes. Laws regulating protests should not be used to silence protesters or violate the right to freedom of peaceful assembly and association.
Speakers expressed concern at the trend of characterising peaceful protestors as threats to national security. It was regrettable that police violence targeted vulnerable groups across the world. Civil society faced mounting threats for exercising these fundamental rights. Legislation was being used to silence political opponents.
Many speakers expressed support for the Special Rapporteur's mandate and pledged to implement his recommendations. They commended his recommendations on preventing impunity and promoting accountability for abuses committed by authorities.
Some speakers rejected claims made about certain States in the Special Rapporteur's reports. These speakers opposed country-specific assessments, and said that Special Procedure mandate holders needed to refrain from bias, politicisation, selectivity and double standards. Some speakers said that there should be no absolute freedoms. The right to peaceful assembly needed to be conducted in accordance with the law. Citizens should not threaten the peace of the State. Riots should not be characterised as peaceful protests for political purposes.
Speakers presented national measures to promote accountability and punish violations by authorities; to create an enabling environment for civil society; to train law enforcement officials on responding appropriately to protests; to strengthen redress mechanisms for victims of abuses; to bring laws on freedom of association and assembly in line with international standards; to promote the right to form trade unions; to provide legal aid to victims of abuse; and to collaborate with civil society.
Questions were asked on best practices to train law enforcement officials and prevent violations using digital tools; and on how existing international mechanisms could contribute to ensuring freedom of peaceful assembly and association.
