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Human Rights Council extends FoAA mandate, reaffirms obligation of States to protect peaceful protest

The Human Rights Council this afternoon adopted four texts, including extending the mandate of the fact-finding mission on Libya, and appointed eight Special Procedure mandate holders before closing its fiftieth regular session.

The other texts adopted were on the promotion and protection of human rights in the context of peaceful protests, the Social Forum, and the commencement of the fourth cycle of the Universal Periodic Review.

At the start of the meeting and following a request from Japan, a minute of silence was held to commemorate the passing of former Japanese Prime Minister Shinzo Abe.

On technical assistance and capacity building to improve human rights in Libya, the Council decided to extend the mandate of the fact-finding mission on Libya for a final, non-extendable period of nine months to present its concluding recommendations.

Concerning the promotion and protection of human rights in the context of peaceful protests, the Council requested the Special Rapporteur on the rights to freedom of peaceful assembly and of association, in collaboration with the United Nations Office on Drugs and Crime and the Office of the United Nations High Commissioner for Human Rights, to engage in global and regional consultations to develop specific technical and practical tools to assist law enforcement officials in promoting and protecting human rights in the context of peaceful protests.

On the Social Forum, the Council decided that the Social Forum would meet for two working days in 2023 in Geneva to discuss the contribution of science, technology and innovation to the promotion of human rights. The Council requested that the President of the Human Rights Council appoint the Chair-Rapporteur for the 2023 Social Forum.

As for the commencement of the fourth cycle of the Universal Periodic Review, the Council decided that the fourth cycle of the Universal Periodic Review would commence in November 2022.

The following Special Procedure mandate holders were appointed: to the Expert Mechanism on the Right to Development, as member from Latin American and Caribbean States, Liliana Valiña (Argentina); as Special Rapporteur on freedom of religion or belief, Nazila Ghanea (Islamic Republic of Iran); as Special Rapporteur on the right to education, Farida Shaheed (Pakistan); as Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea, Elizabeth Salmon (Peru); as Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Alice Jill Edwards (Australia); to the Working Group on Enforced or Involuntary Disappearances, member from Eastern European States, Grażyna Baranowska (Poland); to the Working Group on the issue of human rights and transnational corporations and other business enterprises, member from African States, Damilola Olawuyi (Nigeria); and to the Working Group on the issue of human rights and transnational corporations and other business enterprises, member from Western European and other States, Robert Mccorquodale (Australia).

Ulugbek Lapasov, Council Vice-President and Rapporteur, introducing the draft report of the session, said the report contained the procedural description of the work of the Council, including 10 chapters on the 10 agenda items of the Council. The Council held a commemorative event on the occasion of its fiftieth session to reflect on the opportunities and challenges of the body, and the collective responsibility all held on the protection and promotion of human rights globally. The Council had lived up to this responsibility during the session.

The report was adopted ad referendum.

Federico Villegas, President of the Human Rights Council, said that following a request from Ukraine, the Bureau agreed that the current exceptional circumstances in Ukraine warranted the postponement of the Universal Periodic Review of Ukraine to the last session of the fourth cycle of the Working Group in January/February 2027, while leaving a possibility for it to be scheduled earlier pursuant to a Bureau proposal following close consultations with Ukraine.

In concluding remarks, Mr. Villegas thanked the extraordinary members of the Bureau for their support, as well as the Secretariat and all support staff, as well as the Information Service. The pandemic was still very present, but he was pleased to see so many delegates in person during the session, and he hoped that in future the Council would continue to think creatively on how to use remote tools in order to make its work more inclusive. The Council was one of the inter-governmental bodies in the United Nations system with the biggest presence on social media, as people from every region of the globe, of all backgrounds and origins, saw it as the main global forum available to ensure the protection and promotion of their human rights. He noted that despite the variations and differences in States’ positions, 75 per cent of the texts had been adopted by consensus, which was much higher than the average of 30 per cent at previous sessions, despite the very difficult international geo-political situation.

The webcast of the Human Rights Council meetings can be found here. Documents and reports related to the Human Rights Council’s fiftieth regular session can be found here.

The fifty-first regular session of the Human Rights Council is scheduled to be held from 12 September to 7 October 2022.

Action on Resolution under Agenda Item Three on the Promotion and Protection of All Human Rights, Civil, Political, Economic, Social and Cultural Rights, including the Right to Development

In a resolution (A/HRC/50/L.16) on the Promotion and protection of human rights in the context of peaceful protests, adopted without a vote as orally revised, the Council requests the Special Rapporteur on the rights to freedom of peaceful assembly and of association, in collaboration with the United Nations Office on Drugs and Crime and the Office of the United Nations High Commissioner for Human Rights, to engage in global and regional consultations and to develop specific technical and practical tools based on international standards and best practices to assist law enforcement officials in promoting and protecting human rights in the context of peaceful protests, and when preparing the said practical tools to seek the views of States, other relevant entities of the United Nations Secretariat, other relevant United Nations agencies, funds and programmes, intergovernmental organizations, national human rights institutions, non-governmental organizations and other relevant stakeholders, including practitioners, such as law enforcement practitioners, and to present those technical and practical tools to the Human Rights Council at its fifty-fifth session.

Action on Resolution under Agenda Item Five on Human Rights Bodies and Mechanisms

In a resolution (A/HRC/50/L.8) on the Social Forum, adopted without a vote, the Council decides that the Social Forum will meet for two working days in 2023, in Geneva, to discuss the contribution of science, technology and innovation to the promotion of human rights; requests the President of the Human Rights Council to appoint, as early as possible, the Chair-Rapporteur for the 2023 Social Forum; requests the United Nations High Commissioner for Human Rights to facilitate the participation in the 2023 Social Forum of no fewer than 10 experts; requests the Secretary-General to disseminate information about the Social Forum and to invite relevant individuals and organizations to the Forum; and invites the 2023 Social Forum to submit a report containing its conclusions and recommendations to the Human Rights Council at its fifty-fifth session.

Action on Decision under Agenda Item Six on the Universal Periodic Review

In a decision (A/HRC/50/L.17) on Commencement of the fourth cycle of the Universal Periodic Review, adopted without a vote, the Council decides that the fourth cycle of the Universal Periodic Review shall commence in November 2022.

Action on Resolution under Agenda Item Ten on Technical Assistance and Capacity Building

In a resolution (A/HRC/50/L.23) on Technical assistance and capacity-building to improve human rights in Libya, adopted without a vote, the Council decides to extend the mandate of the fact-finding mission on Libya for a final, non-extendable period of nine months, to present its concluding recommendations; requests the fact-finding mission to present, to the Human Rights Council at its fifty-second session, its final report on the situation of human rights in Libya, during an interactive dialogue, with a particular focus on its concrete and concluding recommendations for the Libyan authorities in the priority areas of: achieving transitional justice and national reconciliation; strengthening national human rights institutions and the national action plan for human rights to follow-up on the investigation of the fact-finding mission and recommendations made by the treaty bodies and in the context of the Universal Periodic Review; and strengthening the rule of law, including supporting judicial processes and law enforcement.

Appointment of Special Procedure Mandate Holders

The following Special Procedure mandate holders were appointed: to the Expert Mechanism on the Right to Development: as member from Latin American and Caribbean States, Liliana Valiña (Argentina); as Special Rapporteur on freedom of religion or belief, Nazila Ghanea (Islamic Republic of Iran); as Special Rapporteur on the right to education, Farida Shaheed (Pakistan); as Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea, Elizabeth Salmon (Peru); as Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Alice Jill Edwards (Australia); to the Working Group on Enforced or Involuntary Disappearances, member from Eastern European States, Grażyna Baranowska (Poland); to the Working Group on the issue of human rights and transnational corporations and other business enterprises, member from African States, Damilola Olawuyi (Nigeria); and to the Working Group on the issue of human rights and transnational corporations and other business enterprises, member from Western European and other States, Robert Mccorquodale (Australia).

Follow news related to the UNSR Clément Voule on Twitter: @cvoule.

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